HomeMy WebLinkAbout2009 04 15BALDWIN PARK
CITY COUNCIL
APRIL 15, 2009
7:00 PM
REGULAR MEETING
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
Manuel Lozano
Monica Garcia
Anthony J. Bejarano
Marlen Garcia
Ricardo Pacheco
Mayor
- Mayor Pro Tern
- Councilmember
- Councilmember
- Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DEAPAGAR 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 five (5) 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 jurisdiccidn. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del POblico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por cinco (5) minutos. Hay un interprete para su
conveniencia.
record rekiting to a r ige!, ix,i iterrt > "or -in oioen se ergout o egi la:
c, f.,.i 'is 7ba_.,'ted 1...) t1,?e "v a 's " )� rz hE r; spri )1 to l <.:t � e } n 'rt P i a.
1,4403 E, )iii?fr r41i .i?t�--), 3rd
6 L0
�t
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council members: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Mayor Pro Tern Monica Garcia and
Mayor Manuel Lozano
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Presentation to 24th Senatorial District Woman of the Year Irma Tarango
• Administration of Oath of Office and Certificate of Appointment to Planning
Commissioner Hugo Tzec
Proclamation proclaiming May 3 - 9th as City Clerk's Week in the City of Baldwin Park
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the 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.
PERIOD OF APRIL 15, 2009 - MAY 5, 2009
Staff recommends City Council approve the preparation and presentation of the
plaques, proclamations and certificates as outlined in the staff report.
City Council Agenda
Page 2
2. MINUTES
Staff recommends City Council approve the minutes of the special meeting of February
25, 2009.
3. 2nd READING OF ORDINANCE NO. 1325
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1325 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER
150.029 TO THE BALDWIN PARK MUNICIPAL CODE REQUIRING OWNERS AND
OTHER PERSONS RESPONSIBLE FOR VACANT AND ABANDONED PROPERTY
TO REGISTER WITH THE CITY AND TO MAINTAIN SUCH PROPERTY."
4. 2nd READING OF ORDINANCE NO. 1326
Staff recommends City Council waive further reading, read by title only and adopt on
second reading Ordinance No. 1326 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION
121.04 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SUSPENSION
OF SOLICITATION PERMITS."
5. AUTHORIZATION TO PROCEED WITH REQUEST FOR PROPOSALS FOR THE
HOMELESSNESS PREVENTION PROGRAM AND RAPID RE- HOUSING PROGRAM
Staff recommends City Council authorize staff to proceed with the RFP for the
Homelessness Prevention Rapid Re- Housing Program.
6. CONSULTANT SERVICES CONTRACT FOR DEVELOPMENT OF THE CITY'S
SEWER SYSTEM MANAGEMENT PLAN (SSMP)
Staff recommends City Council award a Consultant Services Contract to Advanced
Infrastructure Management, Inc. in the amount not to exceed $77,540 and authorize the
Mayor to execute the Agreement.
7. MONTHLY FINANCIAL REPORT
Staff recommends City Council receive and file the monthly financial report for the
period ended February 2009.
8. AWARD A CONTRACT FOR THE CONSTRUCTION OF THE FRANCISQUITO
AVENUE REHABILITATION PROJECT - FEDERAL NO. STPL 5323(017)
Staff recommends City Council award a Construction Contract to Hardy & Harper, Inc.
in the amount of $868,000; authorize the Mayor to execute the Agreement and
authorize the Director of Public Works to execute any necessary change orders in an
amount not to exceed ten percent (10 %) of the original contract.
9. AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE
FRANCISQUITO AVENUE REHABILITATION PROJECT - FEDERAL NO. STPL 5323
(017)
Staff recommends City Council award a Construction Management Contract to Vali
Cooper and Associates, Inc. in the amount of $94,985 and authorize the Mayor to
execute the Agreement.
City Council Agenda
Page 3
DEPARTMENT AND BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
DEPARTMENT (Continued from April 1, 2009)
Staff recommends City Council review the Memorandum of Understanding and
authorize the Chief of Police to sign the Memorandum of Understanding and enter into
an agreement with the Baldwin Park Unified School District Police Department
regarding law enforcement protocol.
i I 1!J 1111A "Wel 0 • r r
CONTRACT AMENDMENT
Staff recommends City Council receive and file.
12. REVIEW AND ANALYSIS OF SINGLE -USE PLASTIC BAG LEGISLATION
Staff recommends City Council support AB 68 and AB 87 if amended, consistent with
the League's support, as both bills will have the same impact upon the consumer and
authorize staff to send the letters of support included with the staff report.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Mayor Pro Tem Monica Garcia for discussion on the following:
Discussion and direction to staff for establishing an environmental commission —
a body of 3 or 5 community members that meets quarterly or as needed to make
recommendations to City Council on environmental issues, such as single use
plastic bags / retailers, provides input on walk -able or cycle -able communities,
proposals such as the MRF, superfund site updates, etc. This body would focus
specifically on environmental issues and could have joint meetings with the
Planning Commission for projects that require MND or EIR.
Request by Council member Marlen Garcia for discussion on the following:
Discussion on the Steppin' Out Challenge taking place April 20 — 26, 2009
•
I, Laura M. Nieto, CIVIC, 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. April 9, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and sudpporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2n 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(o)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
Page 4
DATE: April 15, 2009
SUBJECT: Proposed Recognitions by the Mayor and City Council for the period
of April 15, 2009 — May 05, 2009
F!TFFq.
The purpose of this report is to seek approval of the City Council of requests for
plaques, proclamations and certificates; and to recap approved emergency requests.
REQUESTS /RECAP
The following requests for plaques and certificates were received:
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Rosa Caballero, Administrative Clerk 11
Time /Date /Place of
Date Needed
Requested By
of Honorees
Presentation
Mayor Lozano
Gary Allen, VCWD
11:00am/TBD
Certificate
Emplo ee in recognition of
VCWD, 14521
TBD
his 20t Anniversary
Ramona Blvd
Police
Pride Platoon 012
11:00am /April 25
Certificates
Department
Graduates
City Council Chambers
04 -25 -09
One
Legacy /Donate
Proclamation — April as
Donate Life Month
To Be'Mailed !
Proclamation
04 -15 -09
Life Run/Walk
Councilmember
Irma Tarango, Recognition
7:00pm /April 15tH -
Plaque
Marlen Garcia
for Women of Achievement
City Council Meeting
04 -15 -09
Councilmember
Reyna Del Haro,
7:00pm /May 6 th
Plaque
Marlen Garcia
Recognition for Women of
City Council Meeting
05 -06 -09
Achievement
Mayor Lozano
Pastors Ray & Liz Ochoa —
7:00pm /May 6 th
Plaque
His Service Christian
City Council Meeting
05 -06 -09
Fellowship 10th Anniversary
American Legion
Proclamation -
7:00pm /May 6th
Proclamation
Auxiliary
May 10 -16, 2009 as Poppy
City Council Meeting
05 -10 -09
Days
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Rosa Caballero, Administrative Clerk 11
CITY OF BALDWIN PARK
CITY COUNCIL, COMMUNITY
DEVELOPMENT COMMISSION
& HOUSING AUTHORITY
I LTA 110 [it 9 =[•�
Manuel Lozano, Mayor /Chair
Monica Garcia, Mayor Pro Tem /Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco
Council Members /Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING
AUTHORITY of the City of Baldwin Park met in SPECIAL MEETING at the above
time and place.
Mayor Lozano called the meeting to order at 6:25 p.m.
PUBLIC COMMUNICATIONS
NONE
ROLL CALL
Present: Council member / Member Bejarano, Council member / Member
Marlen Garcia, Mayor Pro Tern / Vice Chair Monica Garcia,
Mayor / Chair Lozano.
Absent: Council member / Member Pacheco.
Also Present: Chief Executive Officer Singhal, City Attorney Joseph W.
Pannone, Director of Public Works Galvez, Community
Development Manager Castagnola, Human Resources Manager
Lara, Director of Recreation & Community Services Carrillo, Chief
of Police Hadsell, City Clerk Rubio, Deputy City Clerk Nieto.
Mayor Lozano excused Council member Pacheco until he arrived. Council
member Pacheco arrived at 7:13 p.m.
REPORTS OF OFFICERS
1. FISCAL YEAR 2009/2010 CITY, COMMUNITY DEVELOPMENT
COMMISSION AND HOUSING AUTHORITY BUDGET
CEO Singhal introduced Interim Finance Director Blazenski. He presented a
PowerPoint overview of the proposed budget, which showed that the budget
was balanced with a slight surplus. It was highlighed that there were not
program reductions; Baldwin Park was one of the few cities that had a balanced
Page 1 of 5
budget in place for the next fiscal year.
Interim Finance Director Blazenski reported that revenues were significantly
decreasing and went over projected revenues, reporting that there was a fifteen
percent (15 %) drop in sales tax from the previous fiscal year. The franchise
agreement between the city and Royal Coaches was highlighted for the
revenues it generated. It was further reported that the number of permits issued
had decreased.
Interim Finance Director Blazenski highlighted expenditures, noting that they
were the same as last year. He reported an increase to personnel costs and
that no personnel levels will be cut. Council member Bejarano spoke
about management resource, specifically unfilled positions, placed in case there
is a need to fill; CEO Singhal stated that those positions have been vacant for
some time now
Interim Finance Director Blazenski reported that none of the General Fund
monies are being used for capital projects and provided personnel expenditures
by category
CEO Singhal spoke about the reasons for putting aside monies for capital and
that investments in infrastructure will boost the local economy
Director Galvez gave an overview of the projects that are on track for the next
fiscal year, including: street improvements, improvements to facilities and
capital acquisitions. It was reported that monies have been awarded but the
opportunity to draw down on them has not yet occurred. CEO Singhal reported
that the city is awaiting the guidelines
In response to an inquiry from Council member Marlen Garcia it was reported
that guidelines were currently available but the city had to work with MTA for the
approval. New busses have already been selected but they are waiting for
the green light from FTA (Federal Transportation Agency)
Public Works Director Galvez stated that the city was waiting for contracts for
transit services. Mayor Pro Tern Monica Garcia inquired if, because it's a
green project, would additional stimulus monies be available. CEO Singhal
reported that staff was looking into opportunities and will also be applying for
more busses. Director Galvez also spoke about the grant application for fast
fill station
Public Works Director Galvez highlighted the storm drain project and
announced that bids came in almost thirty- percent (30 %) lower than engineer's
estimeate. If the allocated funds are not spent, the monies could be re- allocated
for other projects. Director Galvez also reported a soft commitment from the
contractor to hire local works, per a Council- approved incentive plan
Council member Marlen Garcia spoke about traffic congestion relief and
recommended that it be kept in mind for the future because the city
may encounter many traffic issues
Page 2 of 5
It was reported that Capital Projects were not included in the budget
2.2008/2009 MIDYEAR BUDGET UPDATE
Interim Finance Director Galvez provided overview of the current budget and
spoke about the surplus that the city has. CEO Singhal spoke about the
potential of things changing because there were still a few months left in the
fiscal year
A reduction in revenues for 2008 -09 was expected however, it was hoped that
the city would end the year in the black as a result of the conscientious efforts to
conserve resources. Staff will continue to evaluate the economy
Priorities include improving community safety; enhancing the city's image &
pride through proactive programs; providing quality recreational programs;
promoting and encouraging healthy lifestyles and community service programs
Chief Hadsell spoke about the topic of improving community safety and
reported that crime & traffic accidents were lower and that enforcement had
increased. She spoke about various grants that the department had received.
It was reported that Part one crimes were down 29 %; traffic collisions were
down 21 %; in 2008 for the first time in more than ten years, there had not been
any fatal car accidents. Total arrests were up 5 %; moving citations had
increased by 9% since 2005 and the city had hired eleven police officers.
Council member Marten Garcia expressed her satisfaction with these statistics
and spoke about how, in the past, officers did not want to lateral transfer into
Baldwin Park. Chief Hadsell commented that there are seven people waiting to
lateral into the department
Community Development Director Castagnola spoke about enhancing
the Community's image & pride through proactive & enforcement programs,
highlighting the Keep Baldwin Park Beautiful program.
Council member Bejarano commented about complaints he received from
those getting code violations; stated that in the past 8 -9 months he has not been
contacted by constituents; commended staff and the new processes they utilize
Housing Manager Ruelas reported that none of the First Time Homebuyer
Program participants have had foreclosures
In response to an inquiry from Mayor Lozano, Public Works Director Galvez
reported that the Council will be satisfied with the materials being used for
the street improvement projects. Council member Marlen inquired if CalTrans
was funding the drain relocation. Staff responded yes and that the city will be
be diligent about the funding. In response to an inquiry from Mayor Pro Tern
Monica Garcia it was stated that the utilities would be underground.
Recreation & Community Services Director Carrillo provided an overview of
Page 3 of 5
the Recreation Dept accomplishments; Human Resources Director Lara
spoke about the accomplishments that promoted healthy lifestyles in the
community
CEO Singhal talked about staff stepping up taking on additional duties;
acknowledged Sal Lopez for writing the grant application to receive funding for
walkable neighborhoods
Council member Marlen Garcia spoke about engaging community members;
Council member Bejarano encouraged the cross training of staff to gain more
skills for professional growth and advancement
Council member Pacheco inquired about the opening of Fresh and Easy.
Community Development Manager Castagnola advised that the opening was
moving forward and an inquiry had been made about opening a 2nd Fresh and
Easy
It was reported that expenditures have been lower than revenues
CEO Singhal spoke about improving operating performance and that it was a
continuous process; he acknowledged the dedication of staff; it was reported
that in 2005 there were 221 staff members and in 2009 there was 175 but that
no services had been impacted
CEO Singhal gave an overview of goals for the future and stated that his office
would continue to pursue and accomplish the City Council's vision of a better
Baldwin Park
Each director reviewed the goals for their respective departments for the
upcoming year; Council member Marlen Garcia commended the Recreation &
Community Services staff for their efforts; CEO Singhal acknowledged Maria
Moreno & Mike Salas
In response to an inquiry from Council member Pacheco it was stated that
staff had been looking into programs that would facillitate online payments for
city services, specifically for permits
The Crime Free Multi- Housing (CFMH) was highlighted as well as economic
development initiatives, green action program and the rehabilitation of
foreclosed properties
CEO Singhal spoke about the city's commitment to demonstrating fiscal
stewardship
Mayor Lozano and City Council thanked and commended staff for their efforts
and requested that it be placed in the next issue of the NOW that the budget is
balanced
It was reported that the public hearing to adopt the budget would be on March
18th and that the city was moving forward in the right direction
Page 4 of 5
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 8:30
p. M.
Approved as presented by the Council, Commission and Authority at their
meetings held April 15, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 5 of 5
fi
TO: Honorable Mayor and Members of the City Council
FROM: Marc Castagnola, AICP, Community Development Manager__,,_, -
DATE: April 15, 2009
SUBJECT: Adoption of Ordinance No. 1325 adding Chapter 150.029 to the
Baldwin Park Municipal Code requiring owners and other persons
responsible for vacant and abandoned property to register with the
City and to maintain such property.
PURPOSE:
This report requests the City Council adopt Ordinance No. 1325 which adds 150.029 to
the current Baldwin Park Municipal Code requiring owners and other persons
responsible for vacant and abandoned i
nroperty to register With the Citv and to maintain
F- j g
such property.
BACKGROUND AND DISCUSSION:
This ordinance was introduced for first reading at the City Council meeting on April 1,
2009. Ordinance No. 1325 amends the Baldwin Park Municipal Code relating to vacant
and abandoned property by requiring the following:
■ A property must be registered with the City within 10 days of the property becoming
vacant and abandoned.
■ Management name and contact information must be posted at the property.
■ Lender must perform or cause to perform a weekly inspection of the property.
■ The property must be maintained in compliance with City requirements.
■ Penalties pursuant to BPMC Chapter 10 and 15 shall be assessed for each violation
and for each and every day the violation exists.
- U
There is no cost to the General Fund. This new program is expected to generate
approximately $40,000 per year in new revenue to the General Fund. However, this
revenue may decrease in future years as the number of vacant and abandoned
properties due to foreclosure goes down over time.
RECOMMENDATIOR:
It is recommended that the City Council waive further reading, read • title only and
adopt Ordinance No. 1325 entitled, "AN ORDINANCE OF THE CITY OF BALDWIN
PARK, CALIFORNIA ADDING CHAPTER 150.029 TO THE BALDWIN PARVI-
MUNICIPAL CODE REQUIRING OWNERS AND OTHER PERSONS RESPONSIBLE
April 1, 2009
Abandoned Property Registration Ordinance
Page 2 of 2
FOR VACANT AND BAANDONED PROPERTY TO REGISTER WITH THE CITY AN'F,
TO ..•.
ATTACHMENT:
Ordinance No. 1325
ORDINANCE NO. 1325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ADDING CHAPTER 150.029 TO THE
BALDWIN PARK MUNICIPAL CODE REQUIRING
OWNERS AND OTHER PERSONS RESPONSIBLE FOR
VACANT AND ABANDONED PROPERTY TO REGISTER
WITH THE CITY AND TO MAINTAIN SUCH PROPERTY.
WHEREAS, vacant buildings are a major cause and source of blight in both
residential and non - residential neighborhoods, especially when they are not maintained
or secured; and
WHEREAS, vacant buildings attract vagrants, gang members and other criminals
and are prime locations to conduct illegal criminal activities; and
WHEREAS, vacant buildings are extremely vulnerable to being set on fire by
transients and others using the property without authorization; and
WHEREAS, vacant buildings that are not maintained or secured pose serious
threats to the public's health and safety and therefore are declared to be public
nuisances; and
WHEREAS, it is the responsibility of owners and also of all other persons holding
equitable title or any other interest in property to prevent such property from becoming a
burden to the neighborhood and community and a threat to the public health, safety and
welfare.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The Baldwin Park Municipal Code is hereby amended by adding
Chapter 150.029 to read as follows:
VACANT AND ABANDONED PROPERTY REGISTRATION
Sections:
150.029.010 Purpose -Scope.
150.029.020 Definitions.
150.029.030 Recordation of transfer of loan /deed of trust/assignment of rents
150.029.040 Registration.
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 2
150.029.050 Inspection and registration of previously abandoned properties.
150.029.060 Maintenance requirements.
150.029.070 Security requirements.
150.029.080 Additional authority.
150.029.090 Enforcement.
150.029.100 Violation - Penalty.
150.029.110 Fees.
150.029.120 Appeals.
150.029.130 Severability
150.029.010 Purpose -Scope.
It is the purpose and intent o f
adoption of this chapter, to establish
program as a mechanism to protect
becoming blighted through the lack
abandoned and vacated properties.
150.029.020 Definitions.
the Baldwin Park City Council, through the
an abandoned or vacant property registration
neighborhoods and commercial areas from
of adequate maintenance and security of
For the purposes of this chapter, certain words and phrases used in this chapter
are defined as follows:
"Abandoned" means a property that is vacant and is:
(1) is under a current notice of default,
(2) is under a current notice of trustee's sale,
(3) is pending a tax assessor's lien sale,
(4) has been the subject of a foreclosure sale where the title was retained
by the beneficiary of a deed of trust involved in the foreclosure; or
(5) has been transferred under a deed in lieu of foreclosure /sale.
"Accessible property" means a property that is accessible through a
compromised /breached window, gate, fence, wall, etc.
"Accessible structure" means a structure /building that is unsecured or breached
in such a way as to allow access to the interior space by unauthorized persons.
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 3
"Agreement" means any agreement or written instrument which provides that title
to residential property shall be transferred or conveyed from one owner to another
owner after the sale, trade, transfer or exchange.
"Assignment of rents" means an instrument that transfers the beneficial interest
under a deed of trust from one lender /entity to another.
"Beneficiary" means a lender or holder of a note secured by a deed of trust.
"Beneficiary/trustee" means both the beneficiary and the trustee. When any act is
required of the beneficiary/trustee by this chapter, both are responsible for performing
such act and may be charged with a violation of this code for failure to act. However, it
is sufficient if it is accomplished by either one. If information is required to be provided,
they both must provide such information.
"Buyer" means any person, co- partnership, association, corporation, or fiduciary
who agrees to transfer anything of value in consideration for property described in an
agreement l lent of sale, as defined in this subseCtiO 1.
"Days" means consecutive calendar days.
"Deed in lieu of foreclosure /sale" means a recorded document that transfers
ownership of a property from the trustor to the holder of a deed of trust upon consent of
the beneficiary of the deed of trust.
"Deed of trust" means an instrument by which title to real estate is transferred to
a third party trustee as security for a real estate loan and often used in California
instead of a mortgage. This definition applies to any and all subsequent deeds of trust,
i.e., second trust deed, third trust deed, etc.
"Default" means the failure to fulfill a contractual obligation, monetary or
conditional.
"Distressed" means a property that is under a current notice of default or notice
of trustee's sale and /or pending tax assessor's lien sale or has been foreclosed upon by
the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of
foreclosure /sale.
"Evidence of vacancy" means any condition that on its own or combined with
other conditions present would lead a reasonable person to believe that the property is
vacant and not occupied by authorized persons. Such conditions include, but are not
limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers
or mail, past due utility notices and /or disconnected utilities, accumulation of trash, junk
or debris, the absence of window coverings such as curtains, blinds and /or shutters, the
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 4
absence of furnishings or personal items consistent with residential habitation, or
statements by neighbors, passersby, delivery agents, government employees the
property is vacant.
"Foreclosure" means the process by which a property, placed as security fora
real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults.
"Local" means within 40- road /driving miles distance of the subject property.
"Neighborhood standard" means those conditions that are present on a simple
majority of properties within a 300 -foot radius of an individual property. A property that
is the subject of a neighborhood standard comparison, or any other abandoned property
within the 300 -foot radius, shall not be counted toward the simple majority.
"Notice of default" means a recorded notice that a default has occurred under a
deed of trust and that the beneficiary intends to proceed with a trustee's sale.
"Out of urea" means in excess of 40 -road /driving miles distance of the subject
property.
"Owner" means any person, co- partnership, association, corporation or fiduciary
having a legal or equitable title or any interest in any real property.
"Owner of record" means the person having recorded title to the property at any
given point in time the record is provided by the Los Angeles County Recorder's Office.
"Property means any unimproved or improved real property, or portion thereof,
situated in the City and includes the buildings or structures located on the property
regardless of condition.
"Residential building" means any improved real property, or portion thereof,
situated in the City, designed or permitted to be used for dwelling purposes, and shall
include the buildings and structures located on such improved real property. This
includes any real property being offered for sale, trade, transfer, or exchange as
"residential" whether or not it is legally permitted and /or zoned for such use.
"Responsible person" means any person, partnership, association, corporation,
or fiduciary having legal or equitable title to or any interest in any real property and
includes trustees and beneficiaries of a deed of trust on the property and any other lien
holder on the property.
"Securing" means such measures as may be directed by the Planning
Manager /designee that assist in rendering the property inaccessible to unauthorized
persons, including but not limited to the repairing of fences and walls,
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 5
chaining /padlocking of gates, the repair or boarding of door, window and /or other
openings. Boarding shall be completed to a minimum of the current HUD securing
standards at the time the boarding is completed or required.
"Trustee" means the person, firm or corporation holding a deed of trust on a
property.
" Trustor" means a borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
"Vacant" means a building /structure that is not legally occupied.
150.029.030 Recordation of transfer of loan /deed of trust/assignment of rents.
Within ten (10) days after the purchase or transfer of a loan /deed of trust secured
by residential property the new beneficiary/trustee shall record, with the Los Angeles
County Recorder's Office, an assignment of rents, or similar document, that lists the
name of the corporation, and /or individual, the mailing address and contact phone
number of the new beneficiary/trustee responsible for receiving payments associated'
with the loan /deed of trust.
150.029.040 Registration.
Any beneficiary/trustee, who holds a deed of trust on a property located within
the City shall perform an inspection of the property that is the security for the deed of
trust, upon default by the trustor, prior to recording a notice of default with the Los
Angeles County Recorder's Office. If the property is found to be vacant or shows
evidence of vacancy, then it is hereby deemed abandoned and the beneficiary /trustee
shall, within ten (10) days after the inspection, register the property with the City
Planning Manager, or her /his designee, on forms provided by the City.
(A) If the property is occupied but remains in default, then it shall be inspected by
the beneficiary/trustee, or an agent/designee of the beneficiary/trustee, monthly until (1)
the trustor or another party remedies the default, or (2) it is found to be vacant or shows
evidence of vacancy at which time it is deemed abandoned, and the beneficiary/trustee
shall, within ten (10) days after that inspection, register the property with the City
Planning Manager, or her /his designee, on forms provided by the City.
(B) The beneficiary/trustee shall also register any property which becomes
vacant after a foreclosure sale where the title was transferred to the beneficiary of a
deed of trust involved in the foreclosure and any property which becomes vacant after
being transferred under a deed in lieu of foreclosure /sale.
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 6
(C) Such registration shall contain the following information for both the
beneficiary and the trustee: name (corporation or individual); the street/office address
(not a P.O. box) and if different, the mailing address; a direct contact name and phone
number for the person handling the deed of trust and /or foreclosure; and, in the case of
a corporation or < out -of area beneficiary or trustee, the local property manager
responsible for the security, marketing and maintenance of the property.
(D) The annual registration fee established by City Council resolution, shall
accompany the registration form. The fee and registration shall be valid for the calendar
year, or remaining portion of the calendar year, in which the registration was initially
required. Subsequent registrations and fees are due January 1 st of each year and must
be received no later than January 31 st of the year due.
(E) Persons required to register properties pursuant to this chapter shall keep
such properties registered and all required information updated, comply with the annual
registration requirement and all of the security and maintenance requirements of this
chapter for the entire time such properties remain vacant. When such properties
become occupied or title is transferred, the beneficiary/trustee or prior responsible
person shall notify the Planning Manager, or her /his designee in writing.
(F) Any person, firm or corporation required to register a property pursuant to this
chapter must report any change of information contained in the registration within ten
(10) days after the change.
Any beneficiary/trustee who holds a deed of trust on a property located within the
City, which property, on or before May 15, 2009 is: (1) under a current notice of default,
(2) under a current notice of trustee's sale, (3) pending a tax assessor's lien sale, (4)
has been subject of a foreclosure sale =where the title was retained by the beneficiary of
a deed of trust involved in the foreclosure,' or, (5) has been transferred under a deed in
lieu of foreclosure /sale, shall, on or before July 14 2009, perform an inspection of the
property that is the security for the deed of trust. If the property is found to be vacant or
shows evidence of vacancy, then it is, by this 'chapter, deemed abandoned and the
beneficiary/trustee shall, within ten (10) days after the inspection, register, on forms
provided by the City, the property with the Planner Manager or her /his designee.
150.029.060 Maintenance requirements.
Responsible persons, including beneficiaries /trustees, shall maintain properties
subject to inspection or registration pursuant to this chapter, and any other applicable
provisions of federal, state or local law, and shall keep such properties free of weeds,
dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 7
newspapers, circulars, flyers, notices, except those required by federal, state or local
law, discarded personal items including but not limited to furniture, clothing, large and
small appliances, or printed material and shall take any other action necessary to
prevent giving the appearance the property is abandoned, including but not limited to
the following:
(A) The property shall be kept free of graffiti, tagging or similar markings by
removal or painting over with an exterior grade paint that matches the color of the
exterior of the structure.
(B) Front and side yards visible from the public rights -of -way or neighboring
private or public property shall be Landscaped and maintained in accordance with City
requirements and the neighborhood standard applicable at the time registration was
required.
(C) Permitted landscaping includes, but is not Limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf /sod
designed specifically for residential installation.
(D) Permitted landscaping does not include weeds, gravel, broken concrete,
asphalt, decomposed granite, plastic; sheeting, indoor- outdoor carpet or any similar
material.
(E) Required maintenance includes but is not limited to regular watering,
irrigation, cutting, pruning and mowing of required landscape and removal of all
trimmings.
(F) Pools and spas shall be kept in working order so the water remains clear and
free of pollutants and debris or drained and kept dry. In either case properties with pools
and /or spas must comply with the minimum security fencing requirements of the state of
California.
(G) Adherence to this section does not relieve the beneficiary/trustee or property
owner of any obligations set forth in any covenants, conditions and restrictions and /or
homeowners' association rules and regulations which may apply to the property.
150.029.070 Security requirements.
Responsible persons, including beneficiaries /trustees, shall secure properties
subject to inspection and /or registration pursuant to this chapter, in a manner to prevent
access by unauthorized persons, including but not limited to the following: the closure
and locking of windows, doors (walk- through, sliding and garage), gates and any other
opening of such size that it may allow a child to access the interior of the property and
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 8
or structure(s). In the case of broken windows securing means the re- glazing or
boarding of the window. Responsible persons shall do the following:
(A) If the responsible person is a corporation and /or out -of -area
beneficiary/trustee /owner, a local property manager shall be hired to perform weekly
inspections to verify that the requirements of this chapter, and any other applicable
laws, are being met.
(B) The property shall be posted with the name and 24 -hour contact phone
number of the local property manager. The posting shall be no less than 18 inches by
24 inches and shall be of a font that is legible from a distance of 45 feet and shall
contain, along with the name and _ 24 -hour contact number, the words "THIS
PROPERTY MANAGED BY ", "TO REPORT PROBLEMS OR CONCERNS CALL
(name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS, CONTACT
CODE ENFORCEMENT AT (525) 813 -5238. The posting shall be planed on the interior
of a window facing the street to the front of the property so it is visible from the street, or
secured to the exterior of the building /structure facing the street to the front of the
property so it is visible from the street or, if no such area exists, on a stake of sufficient
size to support the posting in a location that is visible from the street to the front of the
property but not readily accessible to vandals. Exterior posting must be constructed of
and printed with weather - resistant materials.
(C) The responsible person or local property manager shall inspect the property
on a weekly basis to determine if the property is in compliance with the requirements of
this chapter.
150.029.080 Additional authority.
In addition to the enforcement remedies established in Chapters 10, 15 and 95
of this code, the Planner Manager, her /his designee, shall have the authority to require
the responsible person of any property affected by this section to implement additional
maintenance and security measures, including, but not limited to, securing each door,
window or other opening, installing additional security 'lighting, increasing on -site
inspection frequency, employment of an on -site security guard, disconnecting utilities
and removing the meter boxes, or other measures as may be reasonably required to
arrest the decline of the property and prevent unauthorized entry.
150.029.090 Enforcement.
Violations of this chapter may be enforced as allowed in Chapters 10, 15 and 95
of this code or any combination thereof.
01067/0001 /62730.03
ORDINANCE No. 1325
PAGE 9
150.029.100 Violation - Penalty.
Violations of this chapter shall be treated as a strict liability offense regardless of
intent. Any person, firm or corporation that violates any portion of this section shall be
subject to prosecution and administrative enforcement as provided in Chapters 10 and
15 of this code and subject to the penalties set forth therein. It shall constitute a new
and separate offense for each and every day during any portion of which a violation of,
or failure to comply with, any provision or requirement of this chapter is committed,
continued, or permitted by any person, and such person shall be punished accordingly.
150.029.110 Fees.
The fee for registering an abandoned residential property shall be set by
resolution of the City Council
150.029.120 Appeals.
Any person aggrieved by any of the requirements of this section may appeal
insofar as such appeal is allowed in Chapter 15 or 95 of this code.
SECTION 2. If any provision, section, paragraph, sentence or word of this
chapter is determined or declared invalid by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, then the remaining
provisions, sections, paragraphs, sentences or words of this chapter shall remain in full
force and effect.
SECTION 3. 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 4. 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.
APPROVED, and ADOPTED this day of , 2009.
MANUEL LOZANO, MAYOR
01067/0001/62730.03
ORDINANCE No. 1325
PAGE 10
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 ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on 1 2009.
That there after said Ordinance No. was duly approved and adopted at a
regular meeting of the City Council on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
LAURA M. NIETO,
DEPUTY CITY CLERK
01067/0001/62730.03
CITY OF BALDWIN PARK
TO: Honorable Mayor and Members of the City Council
FROM: Marc Castagnola, AICP, Community Development Manag
`11•'
SUBJECT: Adoption of Ordinance No. 1326 amending Section 121.04 of the
Baldwin Park Municipal Code relating to suspension of solicitation
permits.
PURPOSE:
This report requests the City Council adopt Ordinance No. 1326 which amends Section
121.04 of the Baldwin Park Municipal Code relating to suspension of solicitor permits.
BACKGROUND AND DISCUSSION:
This ordinance was introduced for first reading at the City Council meeting on April 1St
2009. Ordinance No. 1326 amends Section 121.04 of the Baldwin Park Municipal Code
(BPMC) relating to suspension of solicitor permits by clarifying the list of additional
causes for suspending a permit and designating the Police Department to enforce this
ordinance. The ordinance also provides for an appeal process before the Chief
Executive Officer.
The City issues approximately less than a dozen solicitation permits annually and the
majority operates without complaint from the general public. However, a small number
of organizations generate substantial complaints from entering private property without
consent, blocking access and harassing residents in obtaining donations. Ordinance
No. 1326 closes a loophole in the current BPMC to insure those complaints are being
addressed.
There is no fiscal impact on the General Fund. Both the permit and the appeal process
are free of charge.
• �.
Proposed Ordinance No. 1324111
ORDINANCE NO. 1326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA AMENDING SECTION
121.04 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO SUSPENSION OF SOLICITATION
PERMITS
The City Council of the City of Baldwin Park does hereby ordain as follows:
SECTION 1. Section 121.04 of the Baldwin Park Municipal Code is hereby
amended in its entirety to read as follows:
§ 121.04 CONDITIONS FOR SUSPENSION AND APPEAL.
(A) The Chief of Police, or his. /her designee, shall suspend any permit
issued under this chapter, if he /she finds:
(1) The permittee in its operation is, in fact, perpetrating a fraud upon
members of the general public;
(2) Except as otherwise permitted by law, the permittee is soliciting on
private property after being requested to cease that solicitation by the owner,
tenant or person in apparent control of that property;
(3) The permittee inhibits any other person's ability to continue on that
other person's path of travel to or from any structure or vehicle; or
(4) The permittee fails to follow valid directions of a city peace officer.
(B) The permittee whose permit has been suspended pursuant to this
section may appeal that suspension order to the Chief Executive Officer, or
his /her designee (CEO), subject to the following:
(1) There shall be no cost charged to the permittee for that appeal;
(2) The CEO shall schedule and hold the hearing for that appeal within 10
days after the appeal is filed;
(3) The CEO shall allow the Chief of Police, or his or her designee, and
the permittee, or his /her /its representative, to provide testimony and evidence at
that hearing. The city will record the proceedings at the hearing by an audio
recorder, court reporter or other method agreed to by the CEO and permitee;
(4) The CEO shall issue his /her decision within 3 business days after the
hearing is concluded.
01067/0001/66999.01
Ordinance No. 1326
Page 2
(5) The Chief of Police shall have the burden of proof, by a
preponderance of evidence, to show the permit should have been suspended;
(6) The time periods for the appeal may be extended at the permittee's
request;
(7) The suspended permit shall not be effective unless the CEO decides
in the permittee's favor or any of the time periods established in subsections (2),
(4) or (6) lapse without any decision from the CEO; and
(8) The CEO's decision is final and no other administrative appeal is
available.
SECTION 2. This ordinance shall go into effect and be in full force and operation
from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED on the
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
day of y 2009
MANUELLOZANO,
MAYOR
1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify the foregoing Ordinance No. was introduced at a regular meeting of the City
Council held on 2009, and was adopted by the City Council at its regular
meeting held on 1 2009, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. N I ETO
DEPUTY CITY CLERK
CITY OF BALDWIN PARK
I.� 1
R
APR 15 2009
ITEM N0. -5 -
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
F
FROM: Marc Castagnola, Community Development Manag
er-
DATE: April 15, 2009
SUBJECT: AUTHORIZATION TO PROCEED WITH REQUEST FOR PROPOSALS FOR
THE HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM
The purpose of this report is to request authorization from the City Council to solicit a Request
for Proposals (RFP) for the Homelessness Prevention Rapid Re- Housing Program under the
American Recovery and Reinvestment Act of 2009.
BACKGROUND
On February 17, 2009, the American Recovery and Reinvestment Act (ARRA) of 2009 was
established to jumpstart our economy, create or save jobs, and lay the foundation fora robust
and sustainable economy. Under the ARRA the City of Baldwin Park was allocated $605,000
in Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds.
The HPRP funds will provide financial assistance and services to prevent individuals and
families from becoming homeless and help those who are experiencing homelessness to be
quickly re- housed and stabilized. The funds under this program are intended to target
individuals and families who would be homeless but for this assistance. The funds will provide
for a variety of assistance, including: short -term or medium -term rental assistance and
housing relocation and stabilization services, including such activities as mediation, credit
counseling, security or utility deposits, utility payments, moving cost assistance, and case
management.
The HPRP funds will be spent to service Baldwin Park residents. At least 60 percent of funds
must be spent within two years; all funds must be spent within three years. Reporting
requirements will be presented in the forthcoming notice.
DISCUSSION
Due to the accelerated timeframe for the expenditure and commitment requirements, the type
of eligible activities, and because this is a new program, the City is issuing this RFP in order to
implement this program within the required timeframe. Therefore, staff recommends that the
Approval of RFP for HPRP Page 2 of 2
April 15 2009
City partner with a non - profit agency that specializes in these activities and can facilitate the
programs.
The attached draft Request for Proposal has been prepared to solicit proposals from non - profit
agencies (and private consulting firms for the required data and evaluation activity).
In order to receive the HPRP funds, the City is required to prepare and submit a substantial
amendment to the FY 2008 -2009 Annual Plan by May 18, 2009. The amendment must
provide only preliminary estimated amounts for the various HPRP activities. The actual
allocations to the non - profit or private consultant are not required to be identified in the
amendment.
The Homelessness Prevention and Rapid Re- Housing Program RFP proposals will be
submitted by staff to the City Council for review and funding allocation approval at a future City
Council meeting.
Below is the proposed program schedule:
• Solicit and Publish RFP Notice
• Publish Public Notice for Amendment
• Public Comment Period
• Public Hearing for Substantial Amendment
to FY 2008 Action Plan
• Amendment to Plan due to HUD
• RFP deadline
• HUD's deadline to approve /reject Amendments
• Final RFP's submitted to City Council
• HUD to execute grant agreements
• City's deadline to obligate HPRP to agencies
FISCAL IMPACT
April 20, 2009
April 25, 2009
April 6 - May 6, 2009
May 6, 2009
May 18, 2009
June 3, 2009
July 2, 2009
July 15, 2009
September 1, 2009
September 30, 2009
There will be no impact on the General Fund. The City will receive $605,000 in restricted
Stimulus HPRP funding. 100% of the cost for the consultant will be paid for by these funds.
RECOMMENDATION
Staff recommends that City Council authorize staff to proceed with the RFP for the
Homelessness Prevention Rapid Re- Housing Program.
ATTACHMENT
Request For Proposal
I
P'A,R'K
Baum
HOMELESSNESS PREVENTION
Suzie Ruelas, Housing Manager
14403 E. Pacific Avenue, Baldwin Park, CA 91706
(626) 960 -4011 ext 496
City of Baldwin Park
Request for Proposals
Cover Sheet
Homelessness Prevention and
Rapid Re- Housing Program
Legal Name of Proposer
Address
City Zip Code
President/
Chief Executive Officer
Office Phone No. Cell Phone No. Email Address
Project Contact Person
Office Phone No. Cell Phone No. Email Address
Proposer's Cost for Services $
Proposer's Certification
The above named proposer hereby submits a proposal for funding from the City of Baldwin Park pursuant to a Request
for Proposal (RFP). The proposer warrants that all information in the proposal packet is true to the best of his /her
knowledge and belief. The proposer further agrees to abide by all conditions and requirements of the RFP. The
proposer also understands that this proposal is the proposer's entire proposal and cannot be amended after
submission, except as provided for in the RFP.
Print Name of Authorized Signatory Title
Signature Date
Submit to:
City of Baldwin Park
Community Development Department
Housing Division
Attn: Suzie Rue /as, Housing Manager
14403 E. Pacific Avenue
Baldwin Park, CA 91706
For Office Use Only
Date Received: By:
HOMELESSNESS PREVENTION
RAPID AND
RE-HOUSING PROGRAM
Request for Proposals
I. Introduction
On February 17, 2009, the American Recovery and Reinvestment Act (ARRA) of
2009 was established to jumpstart our economy, create or save jobs, and lay the
foundation for a robust and sustainable economy. Included in the ARRA was the
creation of the Homelessness Prevention and Rapid Re- Housing (HPRP)
Program.
The Homelessness Prevention Fund will provide financial assistance and services
to prevent individuals and families from becoming homeless and help those who
are experiencing homelessness to be quickly re- housed and stabilized. The funds
under this program are intended to target individuals and families who would be
homeless if not for this assistance. The funds will provide for a variety of
assistance, including: short -term or medium -term rental assistance and housing
relocation and stabilization services, including such activities as mediation, it edit
counseling, security or utility deposits, utility payments, moving cost assistance,
and case management.
Homeless persons or persons at risk of becoming homeless must meet Federal
HPRP requirement including the following:
■ Household must be at or below 50% of the Area Median Income.
Any individual or family receiving rental assistance must have at least an
initial consultation with a case manager to determine need.
■ Household circumstances must be so that no appropriate subsequent
housing options have been identified and the household lacks the financial
resources and support networks needed to obtain immediate housing or
remain in its existing housing.
At least 60 percent of funds must be spent within two years; all funds must be
spent within three years.
Qki
To be eligible for consideration, all proposers must meet the following criteria:
1) For the purpose of Data Collection and Evaluation Activities, proposers must have
prior knowledge and experience with Homeless Management Information
Systems (HMIS) or a comparable client -level database.
2) For the purpose of Financial Assistance and Housing Relocation and Stabilization
programs, the organization must be incorporated as a non - profit organization 501(c)
(3) or chartered as a local unit and be tax exempt.
3) All non - profit organizations must have the following:
• By -laws that clearly define the Agency's purpose(s), organization and duties of its
officers.
• An elected or appointed governing board that is responsible for the governance of
the Agency.
■ Adequate administration of the program to ensure delivery of services.
■ Assurance that it will conduct its business in compliance with the
NON- DISCRIMINATION requirements of City, State and Federal governments.
■ An Annual Financial Audit.
4) Funding for the HPRP programs is received through the Department of Housing and
Urban Development (HUD). HPRP funds are for the specific purpose of benefiting
low- income households. In order to be eligible for these funds, an organization must
provide a service to the residents of the City of Baldwin Park and be able to
document that the income of the clientele served by the project/program be at or
below 500/0 of the Area Median inrnme.
5) Agencies must be willing and able to provide required supporting documentation
verifying client information.
Please list names of members and officers of the Board of Directors of this Agency (Attached an
additional sheet, if necessary). If there are changes in the Board membership after the request is
submitted, the City of Baldwin Park must be notified in writing.
Name
Title
Term Expires
1. ,
2.
3.
4.
5.
Name of Executive Director
The U.S. Department of Housing and Urban Development (HUD) requires that agencies
obtain intake data from each client/family served. Application intake must be taken on all
clients assisted with HPRP Funds. Supporting documentation is also required.
Does your agency obtain this information?
Yes No
If yes, does your intake sheet and supporting documentation obtain the following:
■ Name
Yes
No
■ Address
Yes
No
■ City in which client last resided.
Yes
No
• Number of family members.
Yes
No
■ Total family (household) income.
Yes
No
■ Ethnicity
Yes
No
• Female head of household
Yes
No
Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above
information from its clientele, please do not submit an application for funding.
However, if your agency is willing to accept the responsibility, obtain this information and
retain supporting documentation for the required five years, the Executive Director must
certify to that effect below:
Printed Name Title
Signature Date
Non- Profit agencies may apply for Federal HPRP Grant funds for one or
more of the following activities:
A. Financial Assistance
Financial Assistance is limited to the following activities:
■ Short term rental assistance
• Medium term rental assistance
• Security deposits
• Utility deposits and utility payments
• Moving cost assistance
■ Motel and hotel vouchers
B. Housing Relocation and Stabilization Services
Funds may be used for services that assist program participants with housing
stability and placement. Services are limited to:
■ Case management
• Outreach and engagement
• Housing search and placement
■ Legal services related to tenant/landlord matters
■ Credit repair
C. Data Collection and Evaluation
Funds may used for consultant services to meet the ARRA requirement of
data collection and reporting for HPRP that must be conducted through the use of
Homeless Management Information Systems (HMIS) or a comparable
client -level database.
111. INELIGIBLE ACTIVITIES
Grant funds may NOT be used to:
■ Coordinate with Recovery Act resources — Financial assistance or services to
pay for expenses that are available through other Recovery Act program such
as childcare and employment training. Case managers should link programs
participants to these other resources.
■ Mortgage Costs — Financial assistance for any mortgage cost or costs needed
by homeowners.
• Other activities including but not limited to construction or rehabilitation, credit
card or other consumer debt, car repair or other transportation costs, travel
cost, food, medical or dental care and medicines, clothes and grooming,
home furnishings, pet care, work or education materials and cash assistance
to program participants.
For further details please read the Department of Housing and Urban Development Notice of
Allocations, Application Procedures and requirements for the HPRP at:
www.hud.gov /recovery /hrp- notice.pdf
A number of federal program requirements exist. Each grantee must comply with
the following:
■ Conflict of Interest — Non - profits organizations must comply with 24 CFR
84.42.
■ Habitability Standards — Organizations providing rental assistance with
HPRP funds will be required to conduct initial and any appropriate follow -up
inspections of housing units into which a program participant will be moving
to. Units must be inspected on an annual basis and upon change of
tenancy.
■ Nondiscrimination and Equal Opportunity Requirements — Each agency
must comply with all applicable fair housing and civil rights requirements in
24 CFR 5.105(a).
■ Affirmative Fair Housing — Agencies will have a duty to affirmatively further
fair housing opportunities for classes protected under the Fair Housing Act.
■ Lead -Based Paint Requirements — The Lead -Based Paint Poisoning
Prevention Act (42.U.S.C. 4801 et seq.) as amended by the Residential
Lead - Based Paint Hazard Reduction Act of 1992 and implementing
regulations shall apply to housing occupied by families receiving assistance
through HPRP.
■ Uniform Administrative Requirements — Non - profits shall be subject to the
requirements of 24 CFR part 85.
■ Equal Participation of Religious Organizations — Organizations that are
religious or faith based are eligible on the same basis as any other
organization.
■ Drug Free Workplace Requirements
■ Procurement of Recovered Materials — Agencies must comply with the
requirements of section 6002 of the Solid Waste Disposal Act; as amended
by the Resource Conservation and Recovery Act.
Applicants must conform to the following requirements:
• Compliance with HPRP monitoring report requirements
• Prior experience working with homeless and /or at risk homeless population
• Successful recipient of previous government or private grants
• History of timely payroll and tax payments for the last two years
VI. PROGRAM APPLICATION
1. SUBMITTAL
One (1 ) original and three (3) copies of the proposal must be received by Wednesdays
June 3-2069, at 5:00 p.m. All proposals must be typed. Handwritten proposals will
not be accepted. Proposals that are incomplete, out of order, have inadequate' number
Of copies or have other content errors or deficiencies will be rejected. Contextual
changes and /or additions to the proposal after submission will not be accepted.
Postmarked or facsimile (FAX) transmission copies will not be accepted.
Questions related to the submission of your proposal should be made in writing and
directed to Suzie Ruelas, Housing Manager, by mail at 14403 E. Pacific Avenue; Baldwin
Park, CA 91706 or by e -mail at sruelas(a)_baldwinpark.com. Proposals must be clearly
labeled "Homelessness Prevention and Rapid Re- Housing Program Proposal" and
submitted to:
City of Baldwin Park
Community Development Department
Housing Division
14403E. Pacific Avenue
Baldwin Park, CA 91706
2.CONTRACT TERMS AND REQUIREMENTS
A. Personal Services Contract
Upon the City's selection of a Proposer, approximately thirty (30) days will be made
available for negotiations and execution of a Professional Services Contract. -Upon
execution of the Contract, the successful Respondent will commence the provision of
services. The contract will outline the terms and conditions of the award. The contract is
a legally binding agreement and failure to adhere to its terms and conditions may result
in termination of the contract and the required repayment of the funding award.
B. Required Documentation
The following documents will be required in order to execute the contract. The list of
items will include and is not limited to the following:
1. Work Plan and Performance Schedule
2. Project Budget
3. General Insurance Requirements
VII. PROPOSAL CONTENTS (SUBMISSION REQUIREMENTS)
All proposals for this RFP must include at least the following documents to be considered
complete and responsive:
1. Transmittal Letter
This letter should be on your firm's letterhead and shall include (among other items as
listed in the RFP):,
1. A brief summary of the proposed activity, including the overall approach for its
implementation;
2. Brief highlights of the Respondent's qualifications;
3. The ability to complete the project/activity in a timely manner;
4. The development of team coordination methods;
5. Name(s), telephone, facsimile number(s) and e-mail address of contact
person(s).
2. Cover Sheet
The authorized submission of yourproposal. (Signature required)
3. Statement of Qualifications
This criterion shall include the firm's' "experience and administrative capacity in relation to
similar projects. Respondents are requested to submit information regarding their
qualifications in two (2) categories:
1. Identification of Respondent:
a. Describe your firm, including your area of specialization, number of employees,
prior experience performing similar services for other agencies and current
workload.
b. Provide the names and resumes of key individuals who will be providing the
actual services to the City including individuals from any sub - consultant who
will be involved in the project. Include their prior experience performing the
listed under Sections II and III and their prior experience in providing
administrative and technical support to municipalities.
C. Provide a current reference list of a minimum of three public agency clients
which includes experience and administrative capacity regarding prior work
related to federal community planning and development programs. Please
include the names and telephone numbers of individuals who have a history of
working with the Project Manager and lead individuals of any sub - consultant.
Please identify the project for which the services were provided.
2. Homeless Service Experience.
a. Description of the Proposer's abilities and experiences in the provision of
administering Federal grants.
b. Description of the Proposer's abilities and experiences in the provision of
homelessness prevention and re- housing services. Provide evidence of
previous experience.
C. Identification and resumes of project manager(s), consultant(s) or other staff
that will be directly involved with the implementation and administration of the
HPRP.
4. Work Plan and Performance Schedule
1. Detailed Work Plan
a. Performance Schedule including specific activities.
b. Required scheduling, etc.
c. Measurable Benchmarks.
2. Proposed Cost for Services Requested
This criterion shall include the,proposer's capability to utilize available funds and other
resources in a cost effective manner. It will also examine the reasonableness of the
proposed price for services. The proposer will state the proposed cost to the City for
the performance of services as outlined in this RFP.
5. Monthly Monitoring Report
Identify a plan to submit monthly performance report to ensure compliance with all HPRP
regulations.
6. Additional Documents (Applies only to non-profit agencies)
1._ BUDGET PROPOSAL
2.— ORGANIZATION BY-LAWS
3.— CHARTER OF ARTICLES OF INCORPORATION
4.— IRS TAX EXEMPT STATEMENT
5. MOST RECENT AUDITED FINANCIAL STATEMENT
TMEM-1 A ND SELECTION PROCESS
Each proposal will be reviewed for content, responsiveness, conciseness, clarity, relevance
and strict adherence to the instructions in this RFP. Incomplete application packages will not
be considered.
A. Criteria
Proposals will be evaluated based on the criteria established by the Submission
Requirements.
B. Selection Process
All eligible proposals will be evaluated and placed in rank order based on the best ability to
service Baldwin Park residents. The evaluation process will include an extensive review of
each proposal as well as all supplemental materials (i.e., sample documentation of
completed work projects, resumes, etc.) as provided. Ineligible proposals and
incomplete proposals will not be considered.
Upon completion of the evaluation process, the City will select the final contract award.
IX.GENERAL PROVISIONS AND CONDITIONS
A. Pre-Contractual Expenses
Pre-contractual expenses are defined as any expenses incurred by the Proposer in: (1)
preparing its proposal in response to this ;RFP; (2) submitting that proposal to the City; (3)
negotiating with the City any matter related to this RFP, including a possible contract; or (4)
engaging in any other activity prior to the effective date of award, if any, or a contract
resulting from this RFP.
The City shall not, under any circumstances, be liable for any pre-contractual expenses
incurred by the Proposer(s), and Proposer(s) shall not include any such expenses as part of
their proposals.
Issuance of this RFP and receipt of proposals does not commit the City to award a contract.
The City expressly reserves the right to postpone proposal opening for its own convenience,
to accept or reject any or all proposals received in response to this RFP, or to cancel all or
part of this RFP.
C. Right to Negotiate
The City of Baldwin Park reserves the right to negotiate a service contract with two or more
bidders to provide the services jointly for the contract.
The City may require the selected bidder(s) to participate in negotiations and to submit such
price; technical or other revisions of their proposals as any result from the negotiations.
Bidder(s) selected for interview may be asked to submit "best and final" cost proposals as a
final step in the selection process.
D. Addendums
Any changes to the Request for Proposals requirements will be made by addendum. All
addenda shall be signed by bidders and attached to the proposal. Failure to attach any
addenda may render the proposal non - responsive and cause it to be eliminated for
consideration.
E. Affirmative Action and Equal Opportunity in Contracting Policy
The City of Baldwin Park is committed to a policy of Affirmative Action /Equal Opportunity
Contracting Qualified firms including small business and businesses owned by women,
minorities and disabled persons are encouraged to submit bids or proposals. Contractors'
expressly agree to comply with all regulations regarding Affirmative Action and Equal
Opportunity, as may be mandated by the regulations governing the source of the funds
supporting this contract.
No discrimination shall be made in,the employment of persons because of the race, color,
religion, gender, or sexual orientation of such person and every prosper in violation of this
section is subject to all penalties imposed for a violation of Chapter 1 of Part VI I, Division 2 of
the Labor Code, in accordance with the provisions of Section 1753 thereof.
F. Pre approval of sub - consultants)
The selected consultant shall not sublet any portion of the agreement with the City without
prior written consent of the City.
All responses to the Request for Proposals become the property of the City of Baldwin Park.
At such time a final award is made, all proposals submitted in response to this Request for
Proposal become a matter of public record, with the exception of those elements in each
proposal which are defined by the bidder as business or trade secrets, and marked "Trade
Secrets ", "Confidential" or "Proprietary", or if disclosure is required under the Public Records
Act.
APR
ITEM NO.
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: April 15, 2009
SUBJECT: CONSULTANT SERVICES CONTRACT FOR DEVELOPMENT OF THE
CITY'S SEWER SYSTEM MANAGEMENT PLAN (SSMP)
This report requests that the City Council consider an award of a consultant services
contract for developing the City's Sewer System Management Plan (SSMP) to
Advanced (t77 rAt)
Advanced Infrastructure Management, Inc. for an amount not to 1UA%,UUU V I I , J-TV.
BACKGROUND
On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted the
Statewide General Waste Discharge Requirements and the Monitoring and Reporting
Program (WDR) which requires that all owners and operators of sanitary sewer
collection systems over one mile in length develop and implement a Sewer System
Management Plan (SSMP). This means the City must comply with this mandate or face
stiff fines for noncompliance.
On November 2, 2007, the City Council authorized the adoption of an implementation
schedule for the SSMP as required by this mandate. The next SSMP milestone is to
develop the Operation and Maintenance Program and the Overflow Emergency
Response Plan by May 2, 2009. After that, the full SSMP must be in place by August 2,
2009.
Development of the SSMP will require instituting and adopting programs to properly
manage, operate, and maintain all parts of its wastewater collection system in order to
prevent and reduce sewer spills.
In response to this challenge, the City requested proposals from consultants with the
technical and legal expertise to successfully develop the City's SSMP, and the City has
received five such proposals.
Consultant Services Contract for the SSMP
April 15, 2009
DISCUSSION
Page 2 of 3
Most sewer collection systems in built -out urban areas have been in use for decades
and were designed to meet levels and capacities well below today's usage levels.
Throughout the state, agencies have been required to report sewer overflows resulting
from discharge of untreated wastewater. The majority of these overflows occur from
peak flows that exceed system capacity, or blockages caused by roots, excess grease,
vandalism, sewer system pipe collapse, or mechanical problems. However, under the
new regulations, all sewer systems must incorporate continual monitoring, enforcement,
and public education as protection measures.
The state has adopted a zero tolerance for sewer overflows, and is therefore requiring a
proactive approach to ensure system -wide operation, maintenance, and management
plans by implementing a comprehensive set of measures to evaluate, prevent, respond,
and track overflows. Additionally, design and a sewer system evaluation will be made to
develop future capital improvements projects (CIP's) for sewer system maintenance
and improvements. The cumulative result is an SSMP.
The City has a sewer system consisting of approximately 105 miles of mainline. The
current maintenance program includes visual and video inspection of sewer lines, and
mechanical and hydro sewer line cleaning. Repairs are preformed as needed.
The SSMP has the following objectives:
D Preventing any results in a discharge of untreated or partially treated wastewater to
the waters of the United States (SSO that could enter the storm drain system), and
71 Preventing any SSO that creates a nuisance (as defined by the California Water
Code (Section 13050(m)).
The SSMP objectives will ensure:
® Sanitary sewer system will be properly managed, operated, and maintained to
minimize SSOs and their impacts on receiving waters and the public health.
13 If and when SSOs occur, the response will be prompt and all feasible steps will be
taken to mitigate the impact from the overflow.
® Reporting, recordkeeping and, when appropriate, public notifications are adequate.
For the sake of consistency across all agencies, the SSMP's must contain the following
ten elements:
1. Goals
2. Organization
3. Overflow Emergency Response Plan
4. Fats, Oils, and Grease (FOG) Control Program
5. Legal Authority
6. Measures and Activities
7. Design and Construction Standards
8. Capacity Management
9. Monitoring, Measurement, and Program Modifications
10. SSMP Audits
Consultant Services Contract for the SSMP Page 3 of 3
April 15, 2009
Staff has already completed elements 1 thru 4. The proposal under consideration will
help the City comply with elements 5 thru 10.
Attachment 1 summarizes the proposals we received. Attachment 2 shows the
proposed contract and includes the scope of services, compensation, and time for
performance.
FISCAL IMPACT
There is no impact on the General Fund. These requirements were anticipated to be
started in the current fiscal year and completed next fiscal year. The Summary of
Proposals shows that sufficient man -hours are included in AIM's scope of services to
yield a quality product.
However, in an effort to secure the greatest savings possible, staff eliminated
unnecessary tasks which reduced the cost by $2,960, from $84,780 to $81,820. Staff
further negotiated a reduction of $4,280, for a total staff initiated savings of $7,240.
The resulting proposed cost for the SSMP is $77,540.
The following table summarizes the available funds and the anticipated expenditures for
development and approval of this program:
Available
. . .............. ............. ....................................................................................... . ................................................... .................. . ............. ..........
FY 2008 -09 Fund 249 - Strom Drains /NPDES Fund $30,000
. . . . . . . . . . . . . . . . . . . . .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. . ................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . . . . . . . . . . . . . . . .
FY 2009 -10 Fund 249 - Strom Drains /NPDES Fund $60,000
. . . . . . . . . . . . . . . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . ........... . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . . . . . . . . . . . . . . . . . . . . .
Total Available $90,000
Anticipated Expenditure
SSMP Development by AIM
RECOMMENDATION
$77,540
Staff recommends that the City Council award a Consultant Services Contract to
Advanced Infrastructure Management, Inc. in the amount not to exceed $77,540 and
authorize the Mayor to execute the attached agreement.
ATTACHMENTS
1 Summary of Proposals
2 Consultant Services Agreement
Z
J
a
Q We�
�G
Z
Q
0 Z
J
M�
W
U. W
rO N
V
W
W
LU
CQC
G
Cl)
W
W
W
U.
:v
O
O
o
�
O
O
ON
O
O
O
�
o
M
0
h
d
M
io
a
ONi
M
A
O
H
N
N
N
rt
M'
n
`
m
O
N
N
O
O
V
O
O
N
O
W
O
I-
N
n
M
M
O
O
h
O
O p
O
.N.
o
O
U
U
d
_
v
p
O
lo
N
N
U
�+9
O
co
n'
N
O
M
�
M oo
M
�
U
n
O
N
O C
N R W
O
O E m
Q
d O y
� U
va
o
p
O
O
O
E
d
E
a
N
T
R
C
Q
Eq
C
.O
m
G
W
eA
Co
co
O
N
W
O
�p
t0
U N
d Q1
�
N
P
r
C
a` c
w
o
°
m
v
0
V
0
co
w
w
o
n
0
0
u w
N m
to
O
(
•N-
O C
m
o
�
�
w
U
N
N
3
�6
a
C
CL
=
O
s
C
V
C
G
G7
a
a5
U
"'-
C
2
R
p
u
O
.0
O
cz
C
E
N
Y
3
i
0
Q
O
co
O
j
N
a
(D
d
as
C
>
Z
cl
to
N
a
q
d-
v
�a
F-
E
CO
o
aS
GL
U
a)
o
4
>
U
O
o
C
E
m
c
d
d
m
U
cn
o
0
0
O
(v
Q
G
N
N
cc
cc
�-
Q
v
C
m
3
E
N
>
t:
O
N
C
O
E
m
w
7i
m
o
a
>
W
yr
h
m
W
°
a¢i
m
-
v
o
a
o
'
o
Q
°
'c
E
a.2
o
$
m
g
a>
m
E
o
>
o
o
E
o
U
w
o
E
o
U)
z
E
o
;R
co
Q)
Y
0
vi
h�
w
�
of
U)
2
U
co
<n
of
cn
L"
c',
0
w
O)
O
N
1
N
co
N
16
H
�
Attachment 1
Summary of Proposals
Sewer System Management Plan (SSMP) 2009
No
Consultant
Fee
Notes
1
AIM
$77,540
- Low hourly rates
- Scope will fulfill legal
requirements
- Effort is higher than other
proposals (675 hours)
2
MAPCO Transtech
$82,520
- Description of work scope and
tasks requires greater depth
and clarity
- Effort is right sized and is in the
mid-range of the other
proposals (679 hours)
3
DUDEK
$82,610
- Good understanding of tasks
Engineering + Environmental
- Knowledgeable staff
- Low on hours for some tasks
- Staff hourly costs are on the
higher end
- Proposed total hours effort is
on the low end (553 hours)
4
Willdan Engineering
$86,033
- Well balanced proposal with
good breakdown of tasks
- Based on total cost and total
effort, proposal ranks #2
- Proposal would rank #1 if cost
was lowest or hours effort was
highest (683 hours)
5
RKA Consulting Group
$125,470
- Great understanding of tasks,
but contains tasks which
exceed requirement
- Effort is highest at 888 hours
Attachment 2
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15 day of April , 20 09 by and
between the City of Baldwin Park, ( "City "), and Advanced Infrastructure Management, 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 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."
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.
SSMP - Advanced Infrastructure Management, Inc. Page 2 of 5
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 or not suit is actually filed, and any judgment rendered against City and /or its
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;
SSMP - Advanced Infrastructure Management, Inc.
Page 3 of 5
(2) the coverage provided shall be primary as respects to City, its officials,
officers, agents or employees; moreover, any insurance or self- insurance
maintained by City or its officials, officers, agents or employees shall be
in excess of Consultants' insurance and not contributed with it.
(3) the insurer shall provide at least thirty (30) days prior written notice to City
of cancellation or of any material change in coverage before such change
or cancellation becomes effective.
(F) With respect to Workers' Compensation Insurance, the insurer shall agree to
waive all rights of subrogation against City and City personnel for losses
arising from work performed by Consultant for City, and the insurer's
agreement in this regard shall be reflected in the Workers' Compensation
Insurance endorsement.
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.
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.
SSMP - Advanced Infrastructure Management, Inc. Page 4 of 5
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.
20. 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.
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.
(A) CONSULTANT
Advanced Infrastructure Management, Inc.
23275 South Pointe Drive Suite 150
Laguna Huills, CA 92653
(B) Edwin "William" Galvez, P.E.
Director of Public Works
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
SSMP - Advanced Infrastructure Management, Inc.
Page 5 of 5
22. 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 shall send a copy of
all notices to the City Attorney.
City Attorney:
Joseph Pannone / Aleshire & Wynder, LLP
South Bay Center, 1515 West 190th Street
South Tower, Suite 565
Gardena, CA 90248
(310) 527 -6660
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
ATTEST:
City Clerk
CITY OF BALDWIN PARK
Manuel Lozano, Mayor
Dated:
CONSULTANT: FIRM NAME
By:_
Name
Dated
Title:
Address:
Telephone: ( ) -
Sewer System Management Plan (SSMP) 2009
AIM, Inc.
EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Service under this Agreement is described in the following pages as
"Project Approach ".
W
F;,
0 0 - , so so
The City of Baldwin Park is in the process of developing a plan to ensure compliance the Statewide
General Waste Discharge Requirements for Sanitary Sewer Systems (WDR), adopted by the State Water
Resources Control Board on May 2, 2006. In order to achieve compliance, the City must ultimately
prepare and implement a sewer system management plan (SSMP) in accordance with WDR
requirements. Effective development and implementation of this plan will provide a cost effective means
to managing the City's sanitary sewer system. The AIM team recommends establishing the following
overall project goals that will ultimately lead to SSMP development, implementation, and regulatory
compliance:
➢ Develop an SSMP Compliant with the WDR;
➢ Ensure Implementable and Sustainable SSMP, Building Upon Current Activities;
➢ Identify and Establish Needed Programs, Policies, Procedures, and Ordinances;
➢ Work with City to Identify and Implement High Priority SSMP Elements for Early Gains;
➢ Identify Needed Resources to Support and Sustain SSMP programs;
➢ Investigate Potential Funding Solutions to Ensure SSMP Program Implementation; and
➢ Communicate with Stakeholders on SSMP Program Development.
In order to accomplish these goals, our team proposes a comprehensive approach that will examine,
identify and address all the requirements of the WDR program. This approach will allow our team to
develop an SSMP that incorporates current City policies, procedures, programs, and ordinances, while
identifying additional elements needed to achieve the goals stated above. Examining your current
program will also allow our team to become intimately familiar with your current management system and
agency culture, so that we can customize an SSMP specific to your needs.
Step One activities will allow the City to fully understand the current level of compliance with the new
WDRs and also provide the first deliverable required by the new WDR (SSMP Development Plan and
Schedule). Completion of Step One activities will provide a detailed road map and itinerary for timely
completion of all SSMP elements needed to ensure regulatory compliance. The following details all Step
One tasks and deliverables:
Our process addresses the development or enhancement of any policy, procedure, program, or
ordinance necessary to achieve regulatory compliance. Our team will work closely with the City during
this project to not only develop SSMP elements that are WDR compliant, but are also acceptable and
implementable by the City. As a result, each new program identified, agreed upon, and developed during
this phase must include:
Program Description and Justification Program Scope of Work
Standard Operating Procedures Resources Needed to Implement Program
Staff Training Program Goals and Performance Measures
k, DW
A
Sewer System Management Plan Development
1) SSMP Kickoff Meeting
➢ Provide an overview of WDR, SSMP requirement and monitoring and reporting program (MRP)
procedures
➢ Define project schedule and calendar activities and meetings
➢ Establish -who is responsible to provide specific documents and data, as well as coordinate any
site visits deemed necessary to verify that standard operating procedures (SOP) such as
operation, maintenance, inspection, condition assessment and SSO response are being adhered
to in the field
5) Design Standards — Collaborate with City Engineering Department and other appropriate City
offices (if applicable) to coordinate sanitary sewer system design and construction standards.
Elements that will be addressed include:
➢ Review and provide suggested improvements to design and construction standards and
specifications
➢ Establish procedures and standards for inspecting and testing new facilities
➢ Recommend procedures to ensure adequate down stream capacity for future approval of new
upstream dischargers (if applicable).
8) System Evaluation and Capacity Assurance Program ( SECAP) This is one of the key elements
of the SSMP and as such the outcome includes:
➢ Develop a comprehensive GIS based sanitary sewer system, the result which can be utilized in
the hydraulic modeling of the system
➢ Develop program and analysis for study of capacity evaluation and assessment. This will include
a workplan for integrating the results of the hydraulic modeling study and flow monitoring for all of
the collection system except for dead end reaches;
➢ Develop a capacity enhancement program, that will incorporate recommendations from a
hydraulic study or other source of data, to identify areas of need; and
➢ In concert with the City's general plan and capital improvement program development, identify a
process needed to create a rehabilitation program to prioritize and address future rehabilitation
projects.
Specific sub -tasks for the SECAP are described below:
�rc
N V-z:
GIS Based Sewer System Development
GIS DATABASE DESIGN
We understand after discussions with City staff that the City has a comprehensive wastewater GIS
system that we can utilize to produce the needed products for this proposal.
Sewer System Analysis & Hydraulic Modeling
8A - FLOW MONITORING
This section has been deleted by request of the city.
8B - REVIEW OF CLOSED CIRCUIT TELEVISION INSPECTION (CCTV) TAPES /DVDS
Since CCTV is a key element of and a requirement of the WDRs, we will work closely with the City to
obtain and review any available tapes and or DVDs as part of our overall analysis for the project.
Additionally, we will develop a GIS based layer that will identify structural problems or defects on a GIS
map. Internal inspection of specific sewer lines determines the best repair options and, therefore,
reduces overall project costs. The hydraulic modeling will also be further calibrated by the results of the
CCTV tape /DVD reviews.
8C - LAND USE ANALYSIS, SEWER SYSTEM ANALYSIS, & HYDRAULIC MODELING
The City's General Plan will be utilized for developing the Sewer Master Plan. We will review the various
land use categories including residential, commercial, industrial, and other land uses. We will also study
the population trends and projections for the City as part of this task. Once this is completed, we will
establish water demand and initiate the development of the hydraulic model.
A calibrated hydraulic model will be developed for the City's wastewater collection and conveyance
system utilizing accepted modeling software. AIM has experience utilizing several popular modeling
software. Depending on the City's preference, we can utilize a desired package or make a
recommendation on the use of a particular package. For the purposes of this proposal we recommend
utilizing MWH's InfoSWMM for this project. InfoSWMM is a complete hydraulic modeling package that is
integrated with ESRI's ArcGIS version 9.x software. The hydraulic model can assess the capacity of the
wastewater collection system by simulating and identifying hydraulic restrictions within the system —
surcharging pipes and overflowing manholes — under specified flow conditions. The model network will
include the critical 8 -inch pipes, all 10 -inch and larger pipes, and any pump stations throughout The City's
wastewater collection system. In addition to the existing physical pipe network, the model network can
i
also include planned capital projects currently under construction or expected to be under way as part of
future redevelopment.
A system capacity /deficiency analysis will be conducted, using the calibrated hydraulic model. This will
be done to simulate the system's response to dry and wet - weather flow conditions. Once completed and
the results analyzed, the surcharging pipes and overflowing manholes will be identified. We will also
identify and categorize all locations of major hydraulic restrictions.
a) System Configuration
As -built wastewater maps and any available field measurements should provide the information
necessary to configure the model such that it accurately represents the City's wastewater
collection system throughout the study area. The field verification of the City's wastewater maps
will be extremely important to provide information about invert elevations, line lengths, pipe slope,
and pipe diameter and pipe material. Our experience on other Sanitary Sewer System modeling
projects has revealed to our team the importance of conducting field investigation.
b) Water Consumption Data and Flow Estimation
To achieve this goal, projection of water and sewer demands resulting from forecasted
developments will be determined. The General Plan specifying planned land use zoning and
conceptual building densities and uses will be analyzed to determine ultimate sewer flows and
water demands. The average daily and peak flows will be determined for each type of user
based upon historical data for familiar uses in the area. This will include studying water meter
data and developing the related hydrographs.
Additionally we will examine future trends in the City's land use to help forecast the water
consumption in the City for a 20 -year period. We will also use any water consumption data, where
available, provided by the City to verify the quantity and input locations of theoretical baseflow for
the hydraulic models as determined during dry weather monitoring.
c) Dry Weather Model Calibration
Dry weather monitoring data will be used to develop baseflow quantities and diurnal curves
representing the average daily flow for each sub -basin or monitoring point. Once the computer
model is configured to represent the City's actual wastewater collection system and the quantity
of theoretical baseflow is determined, it will be possible to assign the diurnal curve shapes to the
theoretical baseflow quantities at each flow input location. The computer model routes the
wastewater flow downstream combining hydrographs at sub- basin intersection points_ At the,
intersection points that have monitoring data, it will be possible to make any adjustments
necessary to further calibrate the model. The main purpose for developing a calibrated dry
weather model is to establish a calibrated baseflow hydrograph that can be used as a component
of the wet weather and design storm models.
d) Wet Weather Model Calibration (Optional)
This task is identified as an optional task since its accomplishment depends heavily on the
number and intensity of rainfall events experienced during the flow monitoring period. Wet
weather hydrographs and flows can be determined at the same wastewater flow monitoring
locations used to determine dry weather hydrographs and flows. Components of the observed
wet weather hydrographs include baseflow and wet weather inflow and infiltration (wet weather
1 /1). The wet weather component will be generated from the observed rainfall data during the wet
weather period. The model will be calibrated to approximate the monitored hydrographs at the
various monitoring points.
e) Design Storm Development
This task considers the impact of a 5 -year, 60- minute rainfall event on the sanitary sewer system.
This 5 year, 60 minute event will be based on Technical Paper No. 40 "Rainfall Frequency Atlas
of the United States ". The 5- years, 60- minute rainfall event will be applied to the model based on
parameters determined during the observed wet weather calibration. The resulting hydrographs
x
V ,
r.
in the sanitary sewer system will be comprised of the calibrated base flow component and a
design storm generated wet weather component.
f) Design Storm Hydraulic Analysis
The behavior of a wastewater collection system during storm events and the impact of
extraneous water known as infiltration and inflow (1 /1) during storm events on the wastewater
collection system must be well understood to eliminate wet - weather overflows. Wastewater
collections systems subject to 1/1 behave similarly to a modified storm sewer system. Collection
system defects allow inflow (surface runoff) and infiltration (groundwater) to enter the collection
system. Considering the importance of defect location on wastewater collection system behavior,
it is easy to see how GIS would enhance the wastewater collection system analysis.
The behavior of a collection system can be illustrated by a hydrograph (Exhibit 1). The
hydrograph has historically been an excellent means to graphically display flow data from a
wastewater collection system.
Exhibit 1
5
• Design Storm Modeling — Existing Conditions. The existing conditions of the system will
be modeled and evaluated using the design storm approximation(s) determined previously.
Surcharged, overflowing and overloaded segments will be identified.
• Design Storm Modeling — Proposed Conditions. This task involves modeling the system
based on various types of improvements such as % reduction due to rehabilitation, paralleling
or replacing lines and providing overflow facilities. System improvements that are cost
effective and that bring the City maximum efficiency.
• Design Storm Modeling — Future Conditions. The model showing recommended
improvements will be modified. to reflect the anticipated development and flows will be
identified for the year 2028 based on census projections. Any additional improvements to
accommodate future flows will be identified.
g) Determine the effect of potential solutions.
The hydraulic model will be extensively used to optimize the rehabilitation plan. Various dry and
wet weather scenarios will be simulated to establish the current and future levels of protection
necessary to achieve long -term regulatory compliance with respect to sanitary sewer overflows.
Since the hydraulic model is also linked to the defect database, various repair strategies and
costs can be easily evaluated. The least cost alternative and implementation plan will be
developed.
Exhibit ? chnwc tha afFantc of a cimninfinn fnr a rlacinn ctnrm on a sanitary sewer System.
� _g t
8D- CAPITAL IMPROVEMENT PROGRAM /COST ESTIMATES
This section has been deleted by request of the city.
Cost Estimating
Our team offers experience in the design of sewer rehabilitation and new construction, including tunnel
construction that is unequalled in Southern California. This experience will allow us to recommend the
most cost - effective solutions to solving sewer system deficiencies. We will develop cost estimates for
implementing the CIP, as well as their operations and maintenance.
8E — MASTER PLAN REPORT & RECOMMENDATIONS
The final report will consist of an executive summary, as well as comprehensive summary of all activities
undertaken during the course of the project. In addition, an executive summary report will be prepared for
staff and city management. The results, conclusions and recommendations will be presented in a
narrative and graphical format. Additionally, our team will adhere to the following special provision in
performing the tasks specified herein.
A major function of the report will be the determination of a recommended repair plan and estimated
costs. Each system defect will be prioritized and sorted by repair method. At the City's option, we can
assist the City in developing a realistic implementation schedule. Team members with experience in
phasing projects will assist the City in development of a schedule that will meet the long -term goals of the
City in a fiscally competent manner.
t,
=a
9) Monitoring, Measurement and Program Modification — Effective asset management requires
data systems necessary to evaluate performance. To this end, the AIM team proposes to work
with the City in order to:
➢ Recommend document and information control system used to establish and prioritize SSMP
activities
➢ Develop performance matrix intended to measure effectiveness of SSMP program including
appropriate management reports
➢ Develop protocol and schedule to modify SSMP plan for future optimization
10) Communication Program — Stakeholder communication is a very important aspect of asset
management, especially when potential rate increases are a likely outcome. AIM's team will work
with the City to develop a public outreach program that will not only communicate the costs
associated with new programs, but also the benefits. In order to accomplish this activity AIM will:
➢ Collaboratively with City officials, present the draft plan and other relevant tasks to the City
Council at a public hearing.
➢ The City may also request that the AIM team help develop a public communication program that
will leverage data and information necessary to communicate with all stakeholders (community
leader, public officials, environmental groups, rate payers, contract agencies, etc...). This
program would be intended to create a long and short term process to ensure a clear and concise
message regarding the development, implementation, and ultimately the maintenance of the
SSMP. Strategies for accomplishing this activity may include development of an external SAC
(stakeholder advisory committee), web page, annual report, and /or periodic mailers and flyers.
➢ Specific attention will be paid to the City's existing Web Site, working with City's IT department to
develop material and collateral data necessary to disseminate information to residents of City of
Baldwin Park
s
11) Annual Reporting and Audit Program — As part of the SSMP the City must conduct internal
audits at least every two years. In order to comply with this requirement the AIM team will work
with the City to recommend:
➢ SSMP audit and reporting procedures, including templates and checklists that will be used to
evaluate the effectiveness of the SSMP. These procedures will include potential participants that
should be involved in both the audit development and review. Protocols for dissemination of the
information and SSMP modifications as a result of these changes will also be addressed.
Final Deliverables
Copies of all final documents and supporting materials will be delivered to the City on or before the
deadlines identified in the project schedule. Additionally, all final documents and products will be
provided in an electronic format. The following are the project deliverables
• Comprehensive Sewer System Management Plan including all the sections described earlier
• Executive Summary Report
• Comprehensive Flow Monitoring Results
• Final Report- Rehabilitation Plan and Estimated Costs
• GIS Sewer Map and database
• Calibrated Hydraulic Model
• Flow monitoring data
• Appendices - Sketches, Photographs, Field Database
�t
Sewer System Management Plan (SSMP) 2009
AIM, Inc.
EXHIBIT "B"
SCHEDULE OF COMPENSATION
For the services described in Exhibit "A" of the Agreement, City shall, in the amounts
by the method, and at the times set forth, pay Consultant as follows:
AMOUNT OF COMPENSATION. For performing and completing all services
pursuant to Exhibit "A" Scope of Services, is $77,540. The not -to- exceed fee
shall be hourly based on the rate of personnel for each category of work as
shown in the following schedule which is attached to and incorporated into this
Agreement. The hourly fee shall include all costs associated in providing all
necessary services for individual work items.
II. BILLING. 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 trre arty at the furrowing 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) purchase
order number; 2) project name /description; 3) name and hours worked by each
person who performed services during the billing period; 4) the title /classification
under which they were billed; 5) the hourly rate of pay; 6) actual out -of- pocket
expenses incurred in the performance of services; and 7) other such information
as the City may reasonably require.
III. METHOD OF PAYMENT. Payment to Consultant for the compensation specified
in Section I, above, shall be made after the Finance Director's determination that
the billing submitted pursuant to Section Il, above, accurately reflects work
satisfactorily performed. City shall pay Consultant within thirty (30) days
therefrom.
A
H
Q W
CL
zQ
oz
m�
LL UJ
®�
Cl)
A� /
U
W
W
Cl)
ma
Zo
o
0
0
0
0
0
(Ij
0
0
0
0
ii
m
O
F
'
N
rt'
M
rn
@
O
N
N
O
O
R
O
O
N
O
W
a)
mot-
N
n
M
M
to
O
h
3
O
S
Vi
M
O
U
u
d
S
O
V
c0
N
LO
M
T
O
�-
_
U
O
O
�
N
N
U
O
co
m
0
co
c
N
N O
V
N
N
O C
5 d
°
a
d o C
°o
0
0
0
0
E
o
R
tea'
T
R
G
Q
{q
ID
C)
uj
I
o
co
co
a
00
o
�
co
w..
_
u m
N
T
T
a �
'
dv
m
v
d
®
o
o
M
CO
o
0
0
U d
y m
m
O
r
ss
o
N
G
Q
�
O
LLI
U
N
=3
O
6
m
G
4
=
O
L
O
c
co
c
c
o
c
_4
c
s
O
g
u
n
6
U
ak
cx
c
a)
tn
(n
V
L
N
p
m
c
c
E
m
cx
o
E
N
c
°"
Z3
Q
O
m
O
0
N
O
)
E
m
"O
c
d
tl
°
m
cl
ca
_
N
m
>
E
°c
c
a
U
as
t-
cn
E
m
'4
a)
c
W
.N
�
F
O
m
e
a
c
R
U
U
O
E
o
N
m
`o
o
c
Q
ai
N
d
Q
c
a�i
N
N
0
0
E
RS
N
N
CL
]
y
Lll
C
N
m
co
V1
.m.
m
Sc
cu
h
o
m
a)
c
U
c
O
CL
w
U
a�i
w
IO-
c
�.
d
0
c
OYi
o
O
o
Q
.2
'E
E
d
O
4
p
p
O
i2
'O
c
$
as
y
o
y
a>
y
3
m
E>
a�
m
as
E
o
U
W
o
E
fn
3
d
E
0
3
R
m
U)
Y
in
to
DY
�
�
w
Cn
2
CO)
cn
Co
0
[if
cnl
C7
Lo
cc
Q
N
U
Q
LI
rn
O
N
y
CO
co
co
co
co
N
m
�
h
f,f
Advanced Infrastructure Management, Inc. - As of January 1, 2009
Principal-in-Charge $150.00
Civil Engineering
Project Manager
Project Engineer
Design Engineer
WDR Con
Specialist
GIS Manager
GIS Analyst
Field Supervisor
$140.00
$ 120.00
$ 90.00
ipliance
$ 85.00
$ 110.00
$ 85.00
$ 90.00
HR Manager $90.00
Admin Support/Clerical $60.00
Mileage 0.55 /Mile
Travel Cost + 15%
Reimbursements Cost + 15%
Additional billing classifications may be added to the above list throughout the year as new positions are
created.
The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are
charged at 2.0 times the standard rates.
Sewer System Management Plan (SSMP) 2009
AIM, 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 in the following schedule which is attached to and
incorporated into this Agreement.
CITY OF BALDWIN PARK
SSMP /SEWER SYSTEM MASTER PLAN
PROJECT SCHEDULE
ID (Task Name Duration Start Finish
1
WDR/Sewer System Master Plan
62 days?
Mon 4/6/09i
Tue 6130109
2
Kick Off Meeting, Project Management, Monthly Status Meetings (6)
1 day?
Mon 4/6!09
Mon 416/09
3
Design and Performance Provisions
5 days;
Tue 4/7/09,
Mon 4/13/09
4
System Evaluation and Capacity Assurance Plan (SECAP)
57 days
Mon 4/13/09
Tue 6/30/09
5
Sewer System Analysis & Hydraulic Modeling
57 days
Mon 4113/09
Tue 6130/09
6
Flow Monitoring (Assuming 5 Sites for a period of One Week)
7 days.
Mon 4/13/09
Tue 4!21/09
7
Review of Existing CCTV Tapes /DVDs
12 days
Wed 4122/09.
Thu 517!09
8
Landuse Analysis, Sewer System Analysis, and Hydraulic Modeling
12 days
Fri 5/8/09
Mon 5/25/09
9
Capital Improvement Program /Cost Estimates
7 days
Tue 5/26/09
Wed 6009
10
SECAP Report and Recommendations
19 days
Thu 614/09
Tue 6/30109
11
Draft SECAP Report
7 day s4
Thu 6/4/09
Fri 6/12109
12
City Review & Comments
7 days
Mon 6/15/09
Tue 6123/09
13
Final SECAP Report
5 days
Wed 6!24/09
Tue 6/30/09
14
Monitoring, Measurement and Program Modification
8 days
Tue 4/14/09
Thu 4123/09
15
Communication Program
10 days
Fri 4/24109
Thu 5/7/09
16
SSMP Program Audits
10 days
Fri 5009
Thu 5/21/09
April
May
June
Apr May Jun
July
Date: Mon 3/23!09 Task Progress Summary
Split Milestone Q Project Summary "
Sewer System Management Plan (SSMP) 2009
AIM, Inc.
EXHIBIT "D"
D I T 10 � • •
None
P - A,R,K
TO: Honorable Mayor and City Council Members
t
FROM: Vijay Singhal, Chief Executive Officer
Lorena Quijano, Finance Director iy
i,
DATE: April 15, 2009
PURPOSE
The purpose of this report is to provide City Council with a monthly financial report for
the period ended February 2009,
BACKGROUND
The City's Fiscal Accountability Policy requires that a monthly financial report be
presented to the City Council.
DISCUSSION
The Monthly Financial Report provides the City Council and staff with report as to the
budgetary status each month. In February, the City Council and staff met to discuss
both the budget for next year and the Mid Year review of the current fiscal year. At that
time, it was reported that for the General Fund the Revenues are expected to exceed
expenditures by $631,000. No significant change is noted at this time from the analysis
completed during Mid -year presentation. If no further deterioration is experienced in the
economy we expect the yearend performance for the General Fund to be better than
estimated at Mid Year. Below is a summary of what was reported for the General Fund
at the Mid Year Review:
Page 2
General Fund Si,mmary gnnR/?nna
Revenues
As outlined in the Mid -Year Budget Report, revenues are performing a little less than
expected. It appears that the updated estimates for revenues nrP_CAntArJ fn fho r_,+„
Council at the Mid Year are maintaining at the estimated levels reported. Below is �a
summary of General Fund revenue estimates provided at the Mid Year Review:
General Fund Revenues 200R/7000
Projected Projected
Annual Annual Variance
Revenues Budget Revenues Variance %
Property Taxes
3,379,200
3,379,200
0
0%
Sales Tax
5,700,000
5,400,000
Projected
-5%
Utility Users Tax
Annual Budget
Projected
Annual
Variance
Variance
%
Motor Vehicle Fees
6,725,900
6,725,900
0
0%
Revenues
25,960,500
25,635,500_
(325,000)
1.25%
-Expenditures
(23,797,200
(23,070,200 )
727,000
3.05%
Transfers
350,000
350,000
0
0%
In /(Out )
(1,934,300)
(1,934,300)
-
0.00%
Various Other Revenues
2,155,600
2,190,400
34,800
2%
Totals
229,000
631,000
402,000
Revenues
As outlined in the Mid -Year Budget Report, revenues are performing a little less than
expected. It appears that the updated estimates for revenues nrP_CAntArJ fn fho r_,+„
Council at the Mid Year are maintaining at the estimated levels reported. Below is �a
summary of General Fund revenue estimates provided at the Mid Year Review:
General Fund Revenues 200R/7000
Projected Projected
Annual Annual Variance
Revenues Budget Revenues Variance %
Property Taxes
3,379,200
3,379,200
0
0%
Sales Tax
5,700,000
5,400,000
(300,000)
-5%
Utility Users Tax
2,555,100
2,329,100
(226,000)
-9%
Motor Vehicle Fees
6,725,900
6,725,900
0
0%
Franchise Fees
1,670,200
2,070,200
400,000
24%
Business License
550,000
575,000
25,000
5%
Construction Permits
350,000
350,000
0
0%
Police Revenues
2,874,500
2,615,700
(258,800)
-9%
Various Other Revenues
2,155,600
2,190,400
34,800
2%
Totals 25,960,500 25,635,500 (325,000) -1%
Page 3
Expenditures by Category /Department
Expenditures continue to be under budget as discussed during Mid Year analysis. The
primary reason for expenditures being lower than budget is salary savings due to
vacancies. We anticipate this trend to continue through the end of the year. Below are
the General Fund expenditure estimates by category and department presented to the
City Council as part of the Mid Year Summary.
General Fund Expenditures by (.atpnnry
Expenditures
Annual Bud et
Projected
Ex enditures
Estimated
Annual Variance
Variance
as % of
Budget
Personnel
17,760,900
17,073,200
687,700
4%
Maintenance
3,465,000
3,456,000
9,000
0%
Contractual —
2,571,300
2,541,000
30,300
1%
Capital
0
0
0
2%
Total
23,797,200
23,070,200
727,000
3%
% of Annual Bud et
100%
97%
3%
17%
General Fund Expenditures by Denartmznt
Expenditures
Annual Bud et
Projected
Expenditures
Estimated
Annual
Variance
Variance
as % of
Bud et
Administration
765,200
_ 612,200
153,000
20%
Human Resources
306,200
305,200
1,000
0%
-Community Development
1,124,900
1,025,000
99,900
9%
Police
16,359,400
16,016,000
343,400
2%
Finance &Non Dept.
1,422,700
1,420,000
2,700
0%
Public Works
504,000
417,000
87,000
17%
Recreation
Total
3,314,800
23,797,200
3,274,800
23,070,200
40,000
727,000
1%
3%
% of Annual Bud et
100%
97%
3%
Page 4
Other Funds
The overall performance for other funds is also expected to be better than budget.
While some funds such as Gas Tax, Proposition A and Proposition C may see some
slight reduction in revenues due to lower tax revenues, it is anticipated that the shortfall
if any will be offset by savings in expenditures. Other funds such as Lighting and
Landscaping Fund and Internal Service Funds such as Fleet, Information Technology
and Risk Management Funds are expected to meet budgeted revenue targets with
potential for savings in expenditures. Each of these funds is being monitored on a
monthly basis to ensure that there are no significant adverse impacts from the
approved budget.
Summary
For the Fiscal Year 2008/2009 the City's fiscal performance is expected to better than
budget. As a result of poor economy our revenues are expected to be lower than
budget, however any shortfall in revenues is expected to be offset by lower
expenditures. Based on current trends the General Fund is expected to end the year
with a surplus of approximately $631,000, which is $402,000 higher than budget.
While we hope that between now and the end of the year the trends would improve, the
condition of the economy is quite uncertain. Any further decline in the economy may
cause additional adverse impacts on revenues. Therefore, the City must continue to be
diligent in administration of the budget and continue its efforts to seek and implement
program efficiencies. Staff will continue to closely monitor the trends on a regular basis.
FISCAL IMPACT
None
Staff recommends that the City Council receive and file the monthly financial
report for the period ended February 2009.
MA
P , A • R - K
TO: Honorable Mayor and Members of the City Counci
FROM: Edwin "William" Galvez, Director of Public Works
DATE: April 15, 2009
SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION OF THE
FRANCISQUITO AVENUE REHABILITATION PROJECT - FEDERAL
NO. STPL 5323 (017)
PURPOSE
T his report requests that the City Council consider an award of a contract for the
construction of the Francisquito Avenue Rehabilitation Project to Hardy & Harper, Inc. in
the amount of $868,000.
BACKGROUND
On February 18, 2009, the City Council approved the plans and specifications for the
Francisquito Avenue Rehabilitation Project and authorized staff to advertise the project
to obtain construction bids. Staff had prior to this date already received notice of
funding authorization from FHWA which meant that the City could now proceed.
This project consists of rehabilitating the roadway pavement on Francisquito Avenue,
from Ramona Boulevard to the South City Limit. Essentially the work involves repairing
concrete improvements and placing a rubberized asphalt concrete overlay. Concrete
repairs include replacing damaged curb and gutters, cross - gutters, spandrels,
sidewalks, and drive - approaches. Related work includes repainting traffic stripes and
pavement markings. Based on the quantities listed in the Contractor's Bid Proposal,
the construction cost was estimated to be $1,320,000.
Staff has advertised the project by publishing a "Notice Inviting Bids" in accordance with
the provisions of the Government Code and in accordance to the Federal Highway
Administration (FHWA) requirements.
DISCUSSION
On March 24, 2009, eight (8) bids were received, opened, and declared publicly. A
summary of the bids received is included as Attachment 1.
Award a Contract for Francisquito Avenue Rehabilitation Project Page 2 of 3
April 15, 2009
Staff performed a bids analysis and has determined that the lowest responsive bid was
submitted by Hardy & Harper, Inc. in the amount of $868,000. This contractor has
recently completed similar roadway improvements for the City of San Jacinto and the
County of Riverside. This Contractor has a Class A - General Engineering, Class C -8 -
Concrete, and Class C12 - Earthwork and Paving Contractors' license in good standing
with the State Contractors' Board. A background search shows no irregularities
regarding this Contractor.
Hardy & Harper, Inc. will also be encouraged to participate in the City's newly adopted
policy which provides incentives to contractors to encourage the hiring of City
residents /businesses for City administered construction contracts. Staff will work out
the details of this policy with the Contractor to confirm the level of their participation.
If the City Council authorizes the award of a construction contract, the City must first
obtain concurrence of the award by FHWA through Caltrans.
FISCAL IMPACT
There is no fiscal impact to the General Fund associated with this project. Staff has
obtained authorization from FHWA to expend up to $1,452,000 of Federal funds for the
construction of this project, including contingencies. Expenditures of authorized
Federal funds will be reimbursed at a ratio of 88.53% with the remaining 11.47% .with
local funds. The following table summarizes the funds authorized for the project:
The city will meet its 11.47% match requirement using the $150,000 Rubberized Tire
Grant which is more that sufficient to meet our minimum match out of the projected
expenditure of $1,049,800.
Award a Contract for Francisquito Avenue Rehabilitation Project Page 3 of 3
April 15, 2009
The cost savings from the low bid of $868,000 compared to the engineer's estimate of
$1,320,000 is $452,000, which is about a 34% savings. The savings from this project
would become unexpended Federal STPL funds, but would remain allocated to the City
of Baldwin Park, and could be used in the future on another federally eligible project.
RECOMMENDATION
Staff recommends that the City Council:
1. Award a Construction Contract to Hardy & Harper, Inc. in the amount of
$868,000; and
2. Authorize the Mayor to execute the attached agreement; and
3. Authorize the Director of Public Works to execute any necessary change orders
in an amount not to exceed ten percent (10 %) of the original contract.
ATTACHMENTS
1. Summary of Bids Received
2. Construction (nnfrart / Arrraamonf
3. Proof of State Contractor's License
Attachment 1
ROADWAY REHABILITATION
FRANCISQUITO AVENUE - BETWEEN RAMONA BLVD & THE SOUTH CITY LIMITS
FEDERAL PROJECT NO.: STPL 5323 (017)
IN THE CITY OF BALDWIN PARK
No
Contractor
Bid
Notes
1
Hardy & Harper, Inc
$868,000.00
Lowest Responsive Bid
2
All American Asphalt
$887,000.00
3
Silvia Construction, Inc
$887,696.00
4
Imperial Paving Company
$893,656.00
5
Sully - Miller Contracting, Inc
$907,214.00
6
Ortiz Asphalt Paving, Inc
$949,953.85
7
Palp, Inc dba Excel Paving Company
$956,443.00
8
Gentry Brothers, Inc
$1,063,197.00
Attachment 2
SECTION Q. CONTRACT
ROADWAY REHABILITATION
FRANCISQUITO AVENUE - BETWEEN RAMONA BLVD & THE SOUTH CITY LIMITS
FEDERAL PROJECT NO.: STPL 5323 (017)
IN THE CITY OF BALDWIN PARK
AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of April 2009
- , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city,
hereinafter referred to as "CITY" and Hardy & Harper, Inc "CONTRACTOR."
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
mutually agree as follows:
1. The complete Construction Contract / Agreement consists of the Contract
Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by
reference In case of conflict between the Contract Documents the precedence of
documents shall be as established in the Special Provisions.
2. CONTRACTOR shall perform everything required to be performed, shall
provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following work of improvement:
Francisquito Avenue Rehabilitation (the "Work of Improvement ") all in
accordance with the Contract Documents and CONTRACTOR'S Proposal dated March
24, 2009
CONTRACTOR agrees to perform all the work and furnish all the materials at his
own cost and expense necessary to construct and complete in a good and workman-
like manner and to the satisfaction of the City Engineer of the CITY, the Work of
Improvement in accordance with the plans, specifications, and Contract Documents
(the "Specifications ") therefore prepared by City's Engineering Department and adopted
by the City Council.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for
this Work of Improvement the stipulated sum of eight hundred sixty -eight
thousand Dollars ( $868,000.00 )which is based on performing all work related to all
of the bid quantities shown on Bid Schedule as full compensation for furnishing all
materials, performing all work, and fulfilling all obligations hereunder.
CITY agrees to make monthly payments and final payment in accordance with
the method set forth in the Specifications.
4. CONTRACTOR agrees to commence construction of the Work of
Improvement within ten (10) days after issuance of a Notice To Proceed, and to
continue in a diligent and workman -like manner without interruption, and to complete
the construction thereof within sixty - ( 60 ) - working days (also specified in the
CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to
Proceed.
5. Time is of essence of this Contract, and it is agreed that it would be
impracticable or extremely difficult to ascertain the extent of actual loss or damage
which the CITY will sustain by reason of any delay in the performance of this
Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages
to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay
beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of
the Specifications. If liquidated damages are not paid, as designated by the CITY, the
CITY may deduct the amount thereof from any money due or that may become due the
CONTRACTOR under this Agreement in addition to any other remedy available to
CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay
caused by the failure of a public utility to relocate or remove an existing utility required
for the performance of this Contract.
6. The CONTRACTOR will pay, and will require all subcontractors to pay, all
employees on the work of improvement a salary or wage at least equal to the prevailing
salary or wage established for such work as set forth in the wage determinations for this
work. Travel and subsistence pay shall be paid in accordance with Labor Code Section
1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by him or any
subcontractors under him) less than the prevailing rate described above on the work
provided for in this Agreement, all in accordance with Section 1775 of the Labor Code
of the State of California. CONTRACTOR, by executing this Agreement, hereby
certifies that it shall adopt the current general prevailing Federal and /or State rates of
V'or f Iwages applicable to the v k omprovement. CONTRACTOR understands this is a
federally assisted construction project and Federal Labor Standards, including Davis -
Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if
Federal and State wage rates are applicable, then the higher of the two will prevail.
7. In the performance of this Contract, not more than eight (8) hours shall
constitute a day's work, and the CONTRACTOR shall not require more than eight (8)
hours in a day from any person employed by him hereunder, except as provided in the
Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3,
Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California,
and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum
of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by
the CONTRACTOR or any subcontractor for each calendar day during which any
worker is required or permitted to labor more than eight (8) hours in violation of that
article.
8. CONTRACTOR, by executing this Agreement hereby certifies: "1 am aware of
the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Worker's Compensation or to undertake self- insurance in
accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work of this Contract."
9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds
approved by the CITY, one in the amount of One Hundred Percent (100 %) of the
Contract price, to guarantee the faithful performance of the work, and one in the
amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of
all claims for labor and materials furnished. This Contract shall not become effective
until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior
to the release of the performance and payment bonds or the retention payment, furnish
a warranty performance and payment bond equal to at least ten percent of the final
contract price or $1,000, whichever is greater.
IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER
and CITY CLERK of the CITY have caused the names of said parties to be affixed
hereto, each in triplicate, the day and year first above written.
ATTEST:
CONTRACTOR
BY
(Title)
BY
CITY OF BALDWIN PARK
MANUEL LOZANO, MAYOR
APPROVED AS TO FORM:
CHIEF DEPUTY CITY CLERK CITY ATTORNEY
MME91mv
ROADWAY REHABILITATION
FRANCISQUITO AVENUE - BETWEEN RAMONA BLVD & THE SOUTH CITY LIMITS
Federal Project No.: STPL 5323 (017)
IN THE CITY
• BALDWIN PARK
Notice Inviting Bids
Instructions to Bidders & Information for Bidders
Bidder's Proposal
Contract / Agreement
Specifications
Documents in the Appendix (if any)
Modifications and Amendments thereto
Attachment 3
Check a Lic-ense or Home I mpravenient Saicspwr-swin (HIS) Registration - Contraclors Scat_.. Page I of I
L 0 m#e TF. R
Contractor's License Detail - License # 215952,
& DISCLAIMER, A hoentiestbixis check
relying an this Ifflarr"Mon, yow Ocuild be trwarer of the fultamml; hanit"am,
ley umolarr, dmoosum, wil, apKar 4110 w, C,06(, on the lielp, fy Wain it cowin cm-pohl mohof 'WJ91
pet OF 7,!? on
7,11L." ','1 14,con.,Irj ntolF.ioo,,*,iii�klgfftetia re"ivatuflvCSLk are bizapago
� Arbo-relrytt tille 1OF isted. urtle.511 We-, centrartre f7o"Is to noropke MO VIP bemn CO the OrWral4r,
' 04A tg^ wwwted, ualare rMy be retwvAnt irricrMAUn trial 1105 not s*l b0eeft entered anic, Vne 8evm,% Uqr;E* damhti6t.
Lbaen"
V W52 extwt paw, 03n4r,!ON
----._.....a.,. -
HA & HARPER IWC
1 fir E WARNER A EMJE
SANTA ANA, CA. %Vd-6
Ed i '1151 Number:
OwIlligI53
Expire,D&W
142M I'll 000A
Limps* Stptuc
Thh limnse i$ r.urmr.1 argj active, Ali Womatium W, ow 4houlJ be, my'powwad.
uLASF rJESI.RWIFID..
A
ff-,,t bundibg oarnpamy
+lill�7-"i'l-t!I,iF,�I' 'll"�,,)Ie-,—rT-_,:�114 ANY.
Efteliva Date. W3,104OW!'
1• 'ThO RRSIDOqAble &Urci4il3 Officef- (RMO) FREDOtCK 71+3?.%S UAAS IR,
ce,,Ifflifted *01 1 (f percent o` rl"tre Of'"Mvigng of lhe
c fslion, A Livid cif iagivxlt al le. n*j requiree.
Eftcb;m Dpw OWa-161c,
Piis- hmerm ham mor"rp wmw&alion ir%!;,jrjnco with the
Policy hlglnabar VK:37,W.453,011
EOReti " D &W 1 C4 1440h
ExplMoalp: tq'�jizoog
plemonnedftelvc OnTis W.01mg tCkfr1ea*.r miw on
'Qppyr�3ht ev 2009 State of Calilom 6p
1`24/2(XII)
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: April 15, 2009
SUBJECT: AWARD A CONTRACT FOR CONSTRUCTION MANAGEMENT OF THr-"3
FRANCISQUITO AVENUE REHABILITATION PROJECT — FEDER
NO. STPL 5323 (017) 1
This report requests that City Council consider an award of a consultant contract to Vali
1� F 0An0r-
Cooper 0'( Associates, Inc. in the amount of .p9-t, VU J -to perform turn-'Key Construction
Management of the Francisquito Avenue Rehabilitation Project.
r--y-IT411,101 :To
111,411
City staff has been working with Caltrans to secure Federal Highway Administration
(FHWA) funds and complete th e roadway improvement on Francisquito Avenue, city
limit to city limit.
On February 2, 2009, staff received notice of Funding approval from Caltrans. Federal
funds for this project were approved by FHWA for construction and for construction
management at a reimbursement ratio of 88.53%, with a City match for the remaining
11.47%. The City has also secured a grant for rubberized asphalt in the amount of
$150,000 which may be used as a City match. The funding approval by Caltrans was
required before advertising the project for construction bids.
On February 18, 2009, the City Council authorized staff to advertise the project for
construction bids. During this time, staff also sought proposals for Construction
Management. On Federally funded projects, Construction Management not only
provides for inspection and quality control, but also maintains strict federal procedures
to ensure the City receives its full reimbursement.
MMOOM
It is critical that federal procedures and guidelines are followed to ensure the City
receives its full reimbursement on this project. Even the slightest omission or
modification of a procedure jeopardizes the federal funds. This is commonly referred to
as a "fatal flaw," which may even result in no Federal funds reimbursed.
Award Construction Management for Francisquito Avenue Rehabilitation Page 2 of 3
April 15, 2009
To date, we have met every requirement for the use of Federal funds, and FHWA has
authorized the City to expend up to $1,452,000 for construction and $145,200 for
Construction Management.
The next set of critical steps is related to properly awarding a construction contract and
engaging a consultant for construction management. The results of the construction
bids and a recommendation to award a construction contract is being provided to the
City Council under a separate staff report. The procedure to select and award a
consultant contract is also very specific and must meet the following requirements:
0 Appoint Consultant Selection Committee
0 Develop Technical Criteria for Evaluation of Proposals
0 Develop Schedule for Consultant Selection
0 Evaluate Proposals
0 Negotiate Contract with Top- Ranked Consultant
Consultant Selection
The process we used in selecting a Construction Management firm was to establish a
consultant selection committee. Amy Harbin (City Planner), Sal Lopez (Associate
Planner), and David Lopez (Associate Engineer) were appointed to it. The RFP
incorporated the Caltrans' evaluation criteria and included an anticipated project
timeline. The cost proposal was requested as a separate and sealed document, and
would be later used to negotiate the consultant cost.
We received six (5) proposals, and the evaluation committee unanimously selected Vali
Cooper as the top firm. The cost proposals were then opened and the hourly efforts by
the various firms were analyzed. Knowing the hourly breakdown of each task from the
various consultants would help us right -size the effort, and thereafter negotiate a fair
cost. By and large, the effort to complete the project's Construction Management was
between 800 and 900 hours. The billing rates were also reviewed. The initial proposal
by Vali Cooper was for $99,985. Staff negotiated a cost reduction of $5,000 for a final
proposed cost of $94,985. The scope of services includes 821 hours of service. The
City will be reimbursed $84,090 from the $94,985, and the $10,895 balance will be
covered by the City matching funds.
Scope of Services
The consultant will perform construction management with three main objectives in
mind: (1) Complete the project to the highest quality construction standards feasible, (2)
Ensure the project is completed within budget, and (3) Deliver the project on time,
minimizing the impact and inconvenience to the community. In order to fulfill these
objectives, the city sent out RFP's in search of such services.
Award Construction Management for Francisquito Avenue Rehabilitation Page 3 of 3
April 15, 2009
The following is the anticipated construction project timeline:
Project Timeline Date
Award Construction Contract ............ ............................... April 15, 2009
Begin Construction ............................. ............................... May 11, 2009
Construction Complete ....................... ............................... July 24, 2009
FISCAL IMPACT
There is no fiscal impact to the General Fund. Staff has secured authorization from
FHWA to expend up to $145,200 for construction management. Expenditures of
authorized Federal funds will be reimbursed at a ratio of 88.53% with the remaining
11.47% with local funds. The following table summarizes the project funds:
Authorized Funds
Federal STPL Funds $1,414,000
TRI Grant Funds $150,000
Prop C (likely not needed) $60,000
T otai Available Funds $1,624,000
Anticipated Expenditures
Construction Contract $868,000
Construction Contingency (10 %) $86,800
Construction Management $94,985
Total Construction Phase $1,049,785
Based on the Total construction Cost of $1,049,785
Amount of Federal Reimbursement $899,785
TRi Grant $150,000
The city will meet its 11.47% match requirement using the $150,000 Rubberized Tire
Grant which is more that sufficient to meet our minimum match from the total
anticipated expenditure of $1,049,785.
RECOMMENDATION
Staff recommends that the City Council award a Construction Management Contract to
Vali Cooper and Associates, Inc. in the amount of $94,985 and authorize the Mayor to
execute the attached agreement.
ATTACHMENTS
1 Summary of Proposals
2 Consultant Services Agreement
Attachment I
Summary of Proposals
Construction Management — Francisquito Avenue Rehabilitation
Rank
Firm
Points
Comments
Specializes in CIVI work, 821
1
Vali Cooper
76.3
hours adequate
General Engineering Firm, good
2
SA Associates
74.0
proposal
Proposal lacking is federal
3
GK & Associates
69.3
procedures
Overall proposal quality is only
4
DIVIR
60.0
fair
Firm not knowledgable in federal
5
AXIOM Engineers
56.3
guidelines
Disqualified from work on this
6
Transtech Engineers
0.0
CIVI project
Attachment 2
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15 day of April , 20 09 by and
between the City of Baldwin Park, ( "City "), and Vali Cooper and Associates, 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 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."
3. TIME FOR PERFORMANCE. Time is of the essence
AnraPmant Consultant shall commence
the time period shown on "Schedule of
Agreement as Exhibit "C."
and complete the services
Performance" attached to
in the performance of this
in this Agreement within
and incorporated into this
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.
SSMP - Advanced Infrastructure Management, Inc. Page 2 of 5
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 or not suit is actually filed, and any judgment rendered against City and /or its
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;
SSMP - Advanced Infrastructure Management, Inc.
Page 3 of 5
(2) the coverage provided shall be primary as respects to City, its officials,
officers, agents or employees; moreover, any insurance or self- insurance
maintained by City or its officials, officers, agents or employees shall be
in excess of Consultants' insurance and not contributed with it.
(3) the insurer shall provide at least thirty (30) days prior written notice to City
of cancellation or of any material change in coverage before such change
or cancellation becomes effective.
(F) With respect to Workers' Compensation Insurance, the insurer shall agree to
waive all rights of subrogation against City and City personnel for losses
arising from work performed by Consultant for City, and the insurer's
agreement in this regard shall be reflected in the Workers' Compensation
Insurance endorsement.
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.
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 -3, 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.
SSMP - Advanced Infrastructure Management, Inc. Page 4 of 5
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.
20. 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.
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.
(A) CONSULTANT
Vali Cooper & Associates, Inc.
3900 Market Street Suite 250
Riverside CA 92501
(B) Edwin "William" Galvez, P.E.
Director of Public Works
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
SSMP - Advanced Infrastructure Management, Inc.
Page 5 of 5
22. 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 shall send a copy of
all notices to the City Attorney.
City Attorney:
Joseph Pannone / Aleshire & Wynder, LLP
South Bay Center, 1515 West 190th Street
South Tower, Suite 565
Gardena, CA 90248
(310) 527 -6660
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
ATTEST:
Citv Clerk
CITY OF BALDWIN PARK
Manuel Lozano, Mayor
Dated:
CONSULTANT: FIRM NAME
By:_
Name:
Dated:
Title:
Address:
Telephone: ( ) -
Construction Management - Francisquito Rehabilitation
Vali Cooper & Associates, Inc.
EXHIBIT "A"
The Scope of Services under this agreement is described in the following pages as
"scope of work."
City of Baldwin Park— Department of Public Works
Proposal for Construction Management Services — Francisquito Avenue Overlay Project
BALDV,
i it Y;
SCOPE A. P
The City of Baldwin Park is seeking Construction Management Services for Francisquito Avenue Overlay as a turn -key
project. Vali Cooper & Associates, Inc. (VC &A) has extensive experience with similar projects. Since construction
management is our primary service, our staff knows what to expect, and we have methods and procedures to achieve
the required services successfully.
Project Understanding
VC &A staff has visited the project site and reviewed contract documents. We offer the following understanding of
the project needs.
The proposed Francisquito Avenue Overlay project runs from Ramona Boulevard to the City limits roughly 600 feet
south of Puente Avenue. The project will be constructed in two sections. The first section to be completed will be
from Ramona Boulevard to Baldwin Park Boulevard and the second section from Baldwin Park Boulevard to the
southern City limit. The project encompasses 110,000 square feet of 0" to 2" grinding, 38,000 square feet of 2"
grinding, 3,100 tons of Class B AR -4000 asphalt concrete (AC), and 5,650 tons of asphalt rubber hot Unix (ARHM)
for the overlay.
The project is funded through federal funds with an engineer's estimate of $1,320,000.00. Project duration is sixty
(60) working days with an anticipated start in May 2009. Specifications and standard plans to be utilized for this
oroiect will include the American Public Works Association Standards, Los Angeles County Standard Plans and
Specifications, Caltrans Specifications and Standards, as well as the project specific plans and specifications,
MUTCD Traffic Controls, and Cal -OSHA safety regulations. All aspects of the project must be in completed in
compliance with the Caltrans Local Assistance Procedures Manual (LAPM).
The outside 10' on both sides of Francisquito Avenue will be cold milled from 0" to 2" at the gutter plate. The
remainder of the existing asphalt concrete pavement and base is to be protected i� ee place. Prior to overlaying the
street, it is to be power blasted and all of the cracks are to be sealed. The overlay is to be a 3/" leveling course and
a cap of 1 1/" ARHM. At most locations, the existing curb and gutter and sidewalk are to be protected in place.
The Francisquito overlay project starts at Station 2 +44.50 at Ramona Boulevard at the existing Portland cement
concrete (PCC) pavement. A forty (40) foot transition section starting at the joint between the existing PCC and the
AC shall be ground and overlaid. This work will have to be completed while working around an existing bus pad.
Numerous water and gas valve cans, clean outs, sewer, telephone, and storm drain manholes are to be adjusted
to grade including a Los Angeles County Sanitation District manhole.
There are existing handicap ramps to be removed and replaced per APWA Standard Plan 111 -3, Case A, Type 3
or 4. There are two on the west side of Francisquito Avenue at Cosby Avenue, two on the east side at Athol Street,
two on the west side at Robinette Avenue, and all four at Vineland Avenue.
There are twenty (20) foot transition sections to be ground and overlaid on the side streets which include:
Francisquito Avenue at Cosby Avenue, Athol Street, Frazier Street, Remey Avenue, Robinette Avenue, Baldwin
Park Boulevard, Maine Avenue, Vineland Avenue, Van Wig Avenue, and Puente Avenue. There is a fifteen (15)
foot transition section at the Southern Pacific Railroad crossing and there are forty (40) foot transition sections on
both sides of Walnut Creek Channel, at the beginning of the project, and at the end of the project at Station
91 +02.49 which is the City limit between the City of Baldwin Park and West Covina.
Existing bus pads will have to be worked around at the southwest and southeast side of Athol Street, northwest
and southeast side of Frazier Street, southwest side and the east side of the intersection with Robinette Avenue,
northeast and southwest sides of Baldwin Park Boulevard, northwest side of Vineland Avenue, southeast side of
Dalwood Street, and the southwest and southeast sides of Puente Avenue.
V�.,aii Cooper &Associates, Inc '(
G
u
City of Baldwin Park- Department of Public Works
Proposal for Construction Management Services - Francisquito Avenue Overlay Project
i 't <<; �,
New traffic loop detectors will have to be installed at the intersection of Francisquito Avenue with Frazier Street,
with Baldwin Park Boulevard, with Maine Avenue / Target Shopping Center, with Vineland Avenue, with Dalwood
Street, and with Puente Avenue, which will include Redflex photo enforcement loop installation. All new traffic
detection loops are to be installed per Caltrans and Los Angeles County requirements.
Project specifics include:
• From Station 18 +50 to 20 +00, the entire section is to be cold milled 2" of existing asphalt concrete and
replaced with 2" to 4" of ARHM overlay to match finished grade. The existing fabric material shall be
removed when completing the full cold milling of the street.
• At Robinette Avenue from Station 34 +20 to 36 +30, the entire section is to be removed and replaced. The
existing bus bays will be protected in place.
• At Station 48 +63.85, the existing thirty (30) foot section of sidewalk and driveway is to be removed and
replaced.
• At Paddy Lane, the existing cross gutter is to be removed and replaced and will match the existing
elevations. On the Francisquito Avenue side of the cross gutter, a 10 foot wide section is to be completely
removed and replaced with 8" of crushed aggregate base, paved with 3" of AC, and capped with ARHM.
• From Station 64 +65 to 65 +89.41 the existing pavement is to be completely removed and replaced
protecting the existing 12 foot wide bus pad on the west side of Francisquito Avenue just south of the I -10
undercrossing. The section is made up of 8" crushed aggregate base, 3" of AR -4000 asphalt concrete, and
capped with the 1 '/" ARHM. There is a telephone manhole that will need to be adjusted to grade in this
section.
•
For forty (40) feet on all four sides of Walnut Creek Channel either a 4 PCC sidewalk or a Q driveway will
be constructed.
• The section from Big Dalton Avenue to Van Wig Avenue on Francisquito Avenue is in Los Angeles County.
This section of work will have to be coordinated with the County.
• Center line monuments and ties are to be reestablished.
Striping will be completed in thermoplastic in accordance with Caltrans Standard Plans and the latest edition of the
Manual of Uniform Traffic Devices. The pavement markings are to be installed using the City's stencils with English
dimensions, including those at the Southern Pacific Railroad crossing. All catch basins are to be re- stenciled with the
"Drains to the Ocean" symbol. Any existing red curbs are to be touched up at their same locations.
Utilities and project contacts include the Los Angeles County Department of Public Works, Verizon, Southern
California Edison, the Gas Company, Time Warner Cable, Valley County Water District, Walnut Valley Water
Company, San Gabriel Water District, Valley View Water District, La Puente Valley Company Water District, and
the Los Angles County Sanitation District.
A detailed traffic control plan shall be furnished to the Engineer that identifies the maintenance of traffic during
construction. All traffic control plans shall be submitted a minimum of five (5) days prior to their use. Traffic control
shall comply with the latest edition of the Manual of Uniform Traffic Control Devices. Equipment and materials are
to be stored elsewhere as there is no area within the project limits available for the contractor's use. Clean up of
the project site is required on a daily basis.
Working hours for the City of Baldwin Park are from 8:00 am to 5:00 pm. Written consent, submitted a minimum of
five (5) days in advance of the work, is required for any deviation of these hours. Work can occur in traffic lanes
from 8:30am to 3:30pm and non- traffic lanes from 7:30am to 6:00 pm, Monday through Friday.
A Storm Water Pollution Prevention Plan (SWPPP) is required for work on the project and a Wet Weather Erosion
Control Plan (WWECP) is required if soil is disturbed in the rainy season from November 1 to April 15.
Va1i Cooper &Associates, Inc 2
0
C
City of Baldwin Park — Department of Public Works
Proposal for Construction Management Services — Francisquito Avenue Overlay Project
I
Project f, i i #'
The VC &A Construction Management & Inspection team will manage all aspects of the construction phase in turn-
key fashion. To affectively accomplish this, VC &A will provide the City a construction management team that:
✓ Has the required technical expertise to provide the necessary high -level inspection, and full spectrum
construction management, including resident engineering, funding management, inspection and testing;
manages all construction activities and project controls
✓ Function as the City Engineer's extension and provide all necessary services including Resident
Engineering, as needed, and as required by the LAPM; on -site public works inspector, a specialty
inspector for pavement and materials on -site during placement, and at the batch plant, as necessary; and
a funding coordinator who will be responsible for federal compliance, labor compliance, preparation of
reimbursement invoices, and all required paperwork, reports, and submittals per Caltrans Local Assistance
Procedures Manual
• Manage preconstruction activities beginning with execution of the contract between the City and the
contractor, including review of insurance, bonding, and other required documents
• Evaluate all necessary documents to successfully award the construction contract
• Conducts the preconstruction meeting
• Conducts weekly meetings with the contractor, the City, and other stakeholders; develops and distributes
minutes of the meetings to all parties
✓ Implements and manages cost accounting systems
✓ Conducts labor - compliance interviews ensuring that the requirements of Federal labor Standards are met
✓ Acts as a focal point for all project communications
✓ Effectively manages and updates the project schedule
✓ Ensures the development of a master construction schedule and continually manages, monitors and
updates the contractor's schedule as well as ensures compliance with construction documents /permits and
safety requirements
• Monitors the quality of materials and workmanship
• Resolves field issues
✓ Coordinates with project stakeholders and prepares and distributes all required notices; responds to
concerns and complaints and resolves issues as they arise, quickly and efficiently
• Handles public relations effectively and efficiently
• Reviews and approves submittals
• Reviews contractor's pay requests and prepares necessary documentation for submittal and approval by
the City
• Maintains comprehensive project files and documentation
• Manages change orders and claims; reviews contractor change order requests; prepares necessary
documentation for submittal, review and approval or denial by the City
• Effectively performs contract administration, including federal funding requirements
• Enforces provisions of SWPPP
• Conducts project walk- through(s) and prepares punch lists
• Ensures the project is constructed per the plans and specifications and prepares as -built drawings at the
completion of construction
• Coordinates closeout of the project and presents to the City a complete project closeout file
..
Constructability Reviews / Plan Reviews
VC &A frequently works with the designer in performing plan /constructibility reviews prior to a project's bid and will
assist the City with these services if requested. All of our staff is construction focused - they have dealt with similar
Va1i Cooper & Aswdates, Inc 3
City of Baldwin Park- Department of Public Works
Proposal for Construction Management Services - Francisquito Avenue Overlay Project
Cat,, LUN I
! A , o ,;
type projects, know and understand Caltrans standards, and know what works and what doesn't work in the field.
Because we focus on construction, we know current material and contractor availability and know and understand
the various contractors likely to bid your projects. We will provide a common sense, practical approach to the
construction of this project.
We have developed a Constructability & Biddability Review Checklist that we use regularly in performing these
reviews. It requires walking the project site to verify that all existing utilities and facilities are shown on the plans
and careful review of the contract plans and Special Provisions, including the review of quantities, staging plans,
detour plans and other relevant elements that could potentially save the City time and money on a contract.
Recommendations will then be discussed with the City of Baldwin Park and the designer. Doug Franco, PE,
Contract Manager / Resident Engineer, and Tom Galvan, Assistant Resident Engineer /Inspector, have performed
numerous plan /constructibility reviews, through their numerous assignments with VC &A.
Evaluation of Contractor's Bids
VC &A can prepare the bidding documents for advertisement, including the City's general specifications and
boilerplate information, verify the cost estimate and construction schedule, identify milestone completion dates and
process the required number of copies. We can prepare a list of potential bidders to receive a letter of notice and
conduct pre -bid meetings that give bidders an opportunity to clarify bidding issues. Our team can respond to
contractor questions and monitor responsiveness to bidders throughout the process. The bids received from the
contractors must include all required information and documentation. At the end of the process, our 'team can
assist the City in evaluating the bids, identify the lowest responsible bidder, and verify their references, bond
documents and insurance to make certain that the contract is properly executed.
Preconstruction Documentation of Site
VC &A inspectors will walk the site and identify any construction issues that may not be addressed on the plans.
Our goal is to minimize any surprises during the construction phase. The more conflicts and issues that can be
resolved prior to bid will make the project run more efficiently during construction. Our documentation includes
photographs and videos of the construction site, which are logged and filed with the project files. This will
memorialize the job site prior to construction. Our staff takes photographs prior to construction, during construction,
and at the completion of construction. All photos are logged with a date, a description and location.
Preconstruction Meeting
All appropriate parties will be invited to a preconstruction meeting conducted by our VC &A Resident Engineer,
including the contractor, City of Baldwin Park staff, company representatives, VC &A staff, and any other
involved entities, including permitting agencies such as the County of Los Angeles Department of Public Works. At
this meeting, project specifics will be discussed by our team including contract submittal requirements, change
order and potential claim procedures, contractors construction schedule, technical issues and safety procedures.
Most importantly we will discuss the contractor's plan of attack on the project in order to discuss ways to save time
and money. An agenda and meeting minutes will be prepared by the VC &A staff and submitted to the attendees.
All necessary forms will be provided to the contractor for submittal in accordance with required construction record
and accounting formats.
Construction Management
As Construction Managers, VC &A's role is to verify that construction proceeds in accordance with City of Baldwin
Park's plans and specifications and all other pertinent project Standards and Specifications to monitor compliance
with permits, to approve schedules and traffic control plans, to maintain daily diaries, to prepare and issue change
orders, to monitor site cleanliness and noise levels, to prepare punch lists, to keep the public informed of
construction activities, and to manage project closeout. The following is a list of typical services:
-Y a Review and be knowledgeable of the contract documents
a Conduct the pre - construction meeting and provide detailed meeting minutes of that meeting to all
attendees
iVa$!i Cooper & Associat , lnc 4
City of Baldwin Park- Department of Public Works
Proposal for Construction Management Services- Francisquito Avenue Overlay Project
• Administer the construction contract per Construction Contract documents, current Caltrans Standard
Specifications and the City and County Standard Specifications and Plans
• Prepare and maintain a correspondence log organized in chronological order
• Serve as the City's representative and liaison with the Contractor during the construction of the project
• Provide daily construction management and inspection of the work covered in the contract documents
• Review and be knowledgeable of existing site conditions
• Prepare and submit to the City daily inspection reports documenting the contactor's workforce, material
and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions
of issues and directions given to the contractor
• Prepare weekly statement of working days documenting the construction progress, time of completion,
delays and time extensions and submit to the Contractor and the City weekly
• Review and provide recommendations regarding the Contractor's submittals and shop drawings
• Effectively and expeditiously communicate with City staff, design consultants and Contractor to identify
conflicts, construction problems, coordination issues and to obtain necessary feedback regarding
submittals and RFIs
• Maintain a document tracking system for submittals, RFIs, field orders, change orders, potential claims
inspection reports, test reports, etc
• Review the construction progress schedules and provide assessment of the progress to the City with
recommendations to maintain or improve adherence to project schedule
■ Prepare and maintain a photo journal documenting the construction progress. Photos shall be taken before
construction begins, during construction and upon completion of the project
• Confirm in writing that work being inspected conforms to the contract requirements and promptly report
unacceptable work to the Contractor and the City
• Monitor project work and adjacent areas for unsafe conditions and promptly Report to the City and the
Contractor any deviations that require resolution
• Enforce all of the provisions of the Storm Water Pollution Prevention Plan
■ Perform all duties in a manner that promotes the cost - effective execution and progress of the work
Approve +. ' I the n + + I ,eme,I— 11 fi1IthetanM ZJ #— niirt_ia anti
Approve materials and workmanship that meet contract ,vgUi ., ,.y . nii
authority of the Engineer, or other authorized representatives or regulatory authorities having jurisdiction
• Provide and coordinate inspection for ail trades involved in the project included in the contract documents
• Coordinate compaction and materials testing using Kleinfelder, our geotechnical testing consultant.
Establish compaction location records to verify compaction coverage
■ Verify and sign contractor's daily extra work reports documenting force account (time & materials) work
■
Review and Conduct Contract Change order negotiations with Contractor In coopeatl.^�n and consultation
with the City
■ Review Contractor's payment requests and verify quantities of completed work for progress payments to
the Contractor
■ Conduct weekly construction progress meetings and distribute typed and formatted meeting minutes to the
City's designated representative and all affected attendees
■ Issue verbal instructions to the contractor regarding routine matters and follow up with written instructions
for more important matters and as directed by the City Engineer
■ Conduct pre -final inspection and prepare a written punchlist documenting incomplete or corrective work
■ Conduct final inspection to verify that all items on the punch list have been completed or corrected and
make recommendation to the City concerning acceptance of the project
• Verify Contractor's progress on as -built plan preparation monthly; verify that the as -built plans submitted by
the Contractor are accurate
• Confirm the reestablishment of survey monumentation in keeping with Senate Bill 1563
• Perform project closeout duties including final organization of project files and submit to City for approval
• Verify that all funding administrative tasks and requirements have been satisfied; also, ensuring that
process reimbursement requests and final reimbursements have been completed.
On -Site Inspections
As the construction managers for your project, we will provide the necessary quality control inspection in the same
fashion as outlined in the Caltrans Construction Manual. Inspection will be performed to verify the workmanship and
Vali Cooper & Assoc ates Inc 5
City of Baldwin Park — Department of Public Works
Proposal for Construction Management Services — Francisquito Avenue Overlay Project
N, LCMS��r L 1
Ew A Al X
quality of all work transpiring on -site. This includes inspecting the methods, means and techniques utilized by the
contractor or any of his sub - contractors. Any deficiencies or deviations from the Contract documents will be documented
in writing to the contractor and will be brought to the City's attention.
Tom Galvan, our proposed Assistant Resident Engineer will document his field inspections on our field inspector's daily
diary and Doug Franco, our proposed Resident Engineer, on the Resident Engineer's diary in accordance with the
Caltrans' Construction Manual and City procedures. The daily reports submitted by our inspector will contain information
pertaining to the project, such as manpower, equipment, weather conditions, date, any subcontractors working,
important conversations with the contractor, utility owners or others, any extra work, and any unusual conditions
encountered. Doug will also complete a daily report documenting any pertinent conversations and maintain a
conversation log that he has been involved with, whether over the telephone, in person, or in meetings with various
parties including the Contractor.
Photographs will be taken prior to and during construction, logged and filed with the project files. Tom's field Inspections
include:
• Monitoring the contractor's work for general conformance with the plans and specifications.
• Documenting the progress of the work with daily diaries and photographs.
• Carefully monitoring contract change order work in the field.
• Measuring and calculating quantities.
• Coordinating material testing.
• Reviewing and logging materials test results and addressing non - conforming tests.
• Assistina Doua with filina and other Job- related paper work.
• Coordinating and conducting final inspections.
Contract Administration
VC &A has developed the Contract Administration Tracking System (CATS) to effectively perform the contract
administration requirements of a project. CATS is modeled after the Caltrans Construction Manual and Local Assistance
Procedures Manual and is easily tailored to fit any state or local agency administration procedures. It meets federally
funded project requirements for contract administration and has passed all Federal audits on our existing and past
projects. The CATS system provides a process and logs for:
• Maintaining project files ° Tracking other contract requirements
• Submittal logs including CCOs and Costs
• RFI logs • Final project closeout
• Correspondence tracking • Administrative tasks associated with the
• Tracking status of contract change orders federal funding
• Tracking materials testing results and follow -up
In addition to setting up the project files, VC &A will establish and implement systems for the following tasks:
• Submittal review procedures.
• Reviewing Labor Compliance and EEO requirements including the Federal requirement of apprentices on
the project.
Claims management - CATS has a file category dedicated to potential claims. All information relative to a
potential claim is filed and logged in this category. The City will be kept informed regarding the status of
potential claims. Doug will determine the merit of the potential claim and recommend a course of action to
the City. VC &A has claim specialists on staff that are available to provide additional support to our field
personnei. We stay current on industry trends, typical construction methods and standards of practice, and
precedents in construction in order to make educated decisions and assist our clients with potential claim
settlements.
VC&A will also be responsible for the following contract administration functions:
Conduct weekly progress meetings to discuss status of project and project issues, including preparing and
distributing the minutes of weekly meetings.
Assess contract change order requests, negotiate and prepare documents as necessary, and prepare change
order reports.
Vali Cooper & Associates,lnc 6
City of Baldwin Park— Department of Public Works
V; Proposal for Construction Management Services — Francisquito Avenue Overlay Project
B LD'Nt 4"
..
■ Perform review of the CPM construction baseline and progress schedules and update is necessary.
■ Perform a review of contractor's safety program to determine compliance with contract documents.
■ Mitigate potential claims.
■ Conduct Employee Interviews as required by the Davis -Bacon Wage Act.
• Generate initial project status reports and final project status reports in accordance with LAPM.
• Generate appropriate forms for the federal funding reimbursement.
Contractors Project Schedule Review
Doug will perform a detailed review of the contractor's schedule to assess logic between activities, key activity
durations, and verify that the critical path is compliant with the Contract Documents. VC &A will confirm that all
specified construction sequencing and schedule constraints, permit conditions, interfacing with adjacent contracts
as well as all submittal, procurement, construction, shutdowns and tie -ins, testing and startup, and closeout
activities are included for all contract work. During construction, we will review the monthly schedule updates to
confirm the progress of construction including the start and finish dates for the activities, any delays that were
encountered and other potential impacts. If impacts to the schedule appear imminent, we will immediately
schedule meetings with the contractor to discuss alternatives, including the use of additional shifts or manpower if
necessary.
Cost Engineering / Estimating
A monthly status report will be generated for the City to provide an update on the project schedule, project budget,
expenditures on change orders and any appropriate analysis, a forecast at completion (costs), work completed in
_ _:r:__i .___:_� ...__�_ _-. -L., ..i... �.,..,7 1C. &"- .�....-;. -. — . +n +nnA;i mr ioi++ GC claims and
the specified period, work col Ite1-11 NiateU ivi a iv iitext Put rud, vuLoLaI full 1y p , ore � issues, any potential „.ai
analysis of those claims, project photographs and VC &A contract status. This report will also summarize the
anticipated cash flow of the remaining work, including all hard costs such as change orders and item overruns and
soft costs such as potential claims. VC &A also has a system for tracking and monitoring the actual construction costs
on a project. It includes spreadsheets to track progress pay estimates, item overruns and underruns and contract
change orders. These forms are electronic and can be tailored to meet the City's procedures.
Reports and Records / Document (Management
Project status reporting is one of the primary "deliverables" you will receive from our field team during construction.
The City will be updated on the status of the project on a weekly basis. VC &A staff uses a Resident Engineer's
Weekly Report for this purpose. Our Contract Administration Tracing System (CATS) contains the appropriate
forms for documenting any project including those with Federal or State funding. All VC &A staff have worked with
the CATS system and understand the importance of sound record keeping.
VC&A knows how to maintain a filing system that conforms to Caltrans requirements, including electronic files on CD for
turnover at project completion. VC&A's project record keeping includes:
• Daily diaries or Manpower Reports ■ Delay Reports
• Correspondence and memoranda • Directives
• Contract documents • Meeting minutes
• Weekly Statement of Working Days • Contract Status Reports
• Claims including all pertinent evaluation data • Requests for payment
• Weekly Progress Reports M Materials testing logs
■ Change orders including all pertinent evaluation data ■ RFIs
• Shop drawings and supplementary drawings
Our management team is very familiar with all the above reporting and documenting procedures and the data will be
filed systematically. For additional information on our document management system, please see our Contract
Administration section above.
Quality Control
To maintain quality assurance /quality control, VC &A has developed a written Construction Quality Management
Program Manual that provides our staff a source of reference and a basis for establishing uniform procedures and
polices for administering all VC &A. projects. Each client and individual project determines the format and content of
V�Ii Cowper & Assooates, i nc 7
L
City of Baldwin Park — Department of Public Works
Proposal for Construction Management Services — Francisquito Avenue Overlay Project
the records and procedures used to customize this manual for that project. Quality assurance procedures set forth in
our manual are provided to assure our clients that uniform quality control is provided on each project. Additionally, we
have a quality assurance manager, Steve Symonds, who reviews our projects on a periodic basis. These services are
provided at no additional cost to the City of Baldwin Park.
Storm Water Pollution Prevention
VC &A reviews contractors' SWPP plans and performs compliance inspections during construction. All of our staff
are trained in the latest storm water pollution control requirements. We understand the importance of the various
BMPs and will verify that they are properly implemented on a project. Additionally, we will confirm that the
contractor is filling out their SWPP reporting forms and we will also provide our own reports. Our Mike Broadwater,
CPESC, is an industry expert in Storm Water Pollution Prevention and his services are always available to the
City.
Safety, Safety, Safety
Safety on a project can never be emphasized enough. Every project has its safety concerns, but the ones that
stand out for these projects include:
• Work adjacent to live traffic
• Work in close proximity to private residences, businesses, the Baldwin Park Adult Community Education
center, and sidewalks
• Work around utilities
• Work adjacent to Southern Pacific Railroad
VC &A takes safety very seriously. Our employees are all required to conduct weekly tailgate safety meetings on
relevant project safety topics. Safety training is provided to employees as needed such as fall protection, confined
space, and 40-hour HAZMAT. We require that all projects have a safety /emergency bulletin board with the project -
specific Code of Safe Practices and emergency phone numbers and procedures posted. We also have a Safety
Manual that contains all company safety- related information, policies and procedures, and a designated company
Safety Officer who periodically visits all our projects to verify that our field staff is following internal safety policies.
Although the contractor is responsible for jobsite safety, our field staff will continuously monitor the project for
adherence to the safety requirements per the contract. VC &A will address with the contractor any safety
deficiencies, and these deficiencies and their corrective actions will be documented in a safety diary.
Progress Payments
The VC &A CATS system contains a progress pay estimate component for tracking and monitoring the actual
construction costs on a project. It includes spreadsheets to track progress pay estimates, item overruns and underruns
and contract change orders. These forms can be tailored to meet the City's procedures. Our staff will review the
contractors request for monthly progress payment and will include pertinent backup data including photos and quantity
calculations. We will recommend to the City any withholdings such as liquidated damages, labor compliance issues,
stop notices and additional staking.
Submittals
VC &A will maintain a submittal log and process required submittals, prior to, and during the process of the work as
follows:
■ Concrete mix designs for minor concrete ■ Contractor's safety plan
■ Mix designs for asphalt concrete ■ Critical Path Method Schedule
■ Certificates of compliance for materials ■ Certified Payrolls
• SWPP Plan
We understand the importance of reviewing submittals in a timely manner. It is imperative that submittals are
received early on in a project and reviewed and approved promptly as to not impact construction activities. Doug
will work with the contractor to verify that all submittals are submitted and approved well in advance of the
construction activities, as he has done on his past projects, including the 1 -215 Fifth Street Overcrossing project
that was completed eight months early.
Vali Cooper & Associates Inc 8
City of Baldwin Park— Department of Public Works
Proposal for Construction Management Services — Francisquito Avenue Overlay Project
Blf' \LOW i
K
Construction Meetings
VC &A understands the importance of meetings as they allow a venue to discuss all issues and brainstorm on
ideas which ultimately lead to the completion of a successful project. It is imperative that during the preconstruction
meeting all pertinent parties are present to discuss all concerns regarding the project. Weekly progress meetings
are recommended to continue the lines of communication with the contractor, the City, utility companies, and any
other stakeholders. Our staff proactively meets with the contractor to discuss upcoming field operations in order to
apprise them of what we expect and what we will be look for and to discuss the applicable specification so that
there are no surprises during an operation. Separate field meetings with other stakeholders to discuss their
concerns may be necessary to keep a project moving forward. Prior to a contractor demobilizing on a project, we
invite all stakeholders to walk the project with us to make sure any of their concerns have been addressed.
Constant communication with all parties leads to successful, on -time completion of projects.
Public Relations
Good public relations with the general public are imperative to the success of any project. Typically construction
work is adjacent to private residences and businesses and construction can be very disturbing. VC &A inspectors
will be the first line of defense for addressing complaints by the public. They will work with the contractor to
address issues and concerns brought forth by the public, business and property owners.
On this project, it is critical that good communication transpires between the construction management team and
businesses to minimize disruptions to them. We will need to understand an individual business' delivery times and
busy times so that we can maintain access to their driveways during these periods.
Business on Francisquito Avenue that we will have to coordinate with include:
• In and Out Burger
■ Carl's Jr.
• The Target Shopping Center
■ Walgreen's
• CVS Pharmacy
■ 100% Hand Car Wash
• ARCO / Union 76 Gas Stations
■ Auto Zone
■ Fresh and Easy Market
■ Grand Park inn
■ Starbucks Coffee
Jack in the Box
To assist with the public relations efforts for this contract, Tom will:
• Maintain a log of all phone calls received
• Listen to citizens concerns and try to appease them
■ Work with the contractor for prompt resolution of issues
■ Meet individually with property owners and businesses
■ Circulate fliers, newspaper notifications as appropriate and as approved by the City about noise and odor
■ Confirm that the contractor circulates the notification letter two weeks in advance identifying traffic
restrictions, period of construction and suggested alternate routes.
■ Verify that changeable message signs are placed alerting traffic of the period of potential delays during
lane closures;
■ Communicate with emergency services about any events that may raise emergency calls from the public.
■ Implement a project hotline if agreed to by the City
■ Provide information to the City to post on the City's website
Project Close -Out
A project is only truly completed when all the construction is complete, including the punchlist items, the final payment is
approved and accepted, and the project paperwork is completed and archived. The schedule for this part of the process
is as sensitive as any and must be attended to efficiently. VC&A's tasks will include:
• Working directly with the contractor to verify that their as -built drawings are kept up to date on a regular
basis, as well as keeping our as -built set of drawings reflecting the same changes.
• Developing a punchlist of remaining items of work after contractor is substantially completed with the work
and following through with the contractor's completion of those items.
Vali Cooper & Assoc ates Inc 9
. City of Baldwin Park— Department of Public Works
;J Proposal for Construction Management Services — Francisquito Avenue Overlay Project
} Ab. I wk K
Conducting a final project review with the City of Baldwin Park and other agencies that must accept the
work. This is includes any final testing, inspection, and release of any facilities. Upon satisfactory
completion, Doug submits a formal recommendation for project acceptance.
Preparing the proposed final payment, addressing the contractor's exceptions and submitting final
payment requests in the time -frame required by law.
A final submittal package of all field records will be submitted to the City of Baldwin Park in an organized,
timely manner. Along with the records, a project completion report is prepared which includes:
• A summary of change orders and potential claims
• A summary of the materials tested and incorporated into the work
• Final project schedule and project expenditures
• Summary of final acceptance
• As -built drawings
• A final review of funding requirements to ensure that all the required documents and backup
information have been completed and submitted as required. Our funding coordinator will be
responsible for federal compliance, labor compliance, preparation of reimbursement invoices and all
required paperwork, reports and submittals per the Caltrans Local Assistance Procedures Manual.
VC &A has assembled a team of professionals who
will be available over the entire course of the
contract. No substitutions will be made without
written concurrence of the City. All of our proposed
staff has experience with projects similar to yours.
They are familiar with standards and procedures for
the City of Baldwin Park, Caltrans, and other
regulatory agencies. They all ha:�e positi.�e attitudes
are extremely proactive, and are team players that
work well with City staff, designers, consultant's,
surveyors, materials testing companies, and
contractor personnel. Our inspectors have the ability
to independently manage smaller projects and many
ar =-s-trained in inspection, office engineering
e Vi-
and materials testing. In addition, with a staff of over
100 employees, VC &A has adequate additional
resources to service the City, if necessary.
Varian Deirdeirian
(Kleinfelder)
vk
ALIj- e',` Lug
ASSISTANT RESIDENT
ENGINEER
Tom Galvan
Linda Smoot
Our proposed Staff is intimately familiar with projects reimbursed through federal funding, including FTIP, Caltrans
funds, and Transportation Uniform Mitigation Fees (TUMF). They are familiar with the Caltrans Construction
Manual and Local Assistance Procedures Manual since all of them have worked on Caltrans or Caltrans oversight
projects. They know what is expected of them and will supply all the appropriate project documentation necessary
to secure the necessary funding.
Experience Personnel
No DOUG FRANCO, PE — Contract Manager I Resident Engineer
Mr. Franco has over 17 years of experience as a resident engineer, structure representative and construction
inspector on Caltrans and Caltrans oversight projects. His experience includes channels and other flood control
projects, various -sized bridges, highways, roadways, storm drains, utility coordination, and many other types of
public works construction. As a former Caltrans engineer, he is intimately familiar with the Caltrans standard plans
and specifications, as well as the Caltrans administrative and change order procedures. He has excellent
` _. Vali Cooper &Associates, Inc 10
Construction Management - Francisquito Rehabilitation
Vali Cooper & Associates, Inc.
EXHIBIT "B"
SCHEDULE OF COMPENSATION
For the services described in Exhibit "A" of the Agreement, City shall, in the amounts,
by the method, and at the times set forth, pay Consultant as follows:
AMOUNT OF COMPENSATION. For performing and completing all services
pursuant to Exhibit "A" Scope of Services, is $94,985. The not -to- exceed fee
shall be hourly based on the rate of personnel for each category of work as
shown in the following schedule which is attached to and incorporated into this
Agreement. The hourly fee shall include all costs associated in providing all
necessary services for individual work items. Collectively, the fee shall include
all aspects of the project in compliance with the Caltrans Local Assistance
Procedures Manual.
II. BILLING. 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) purchase
order number; 2) project name /description; 3) name and hours worked by each
person who performed services during the billing period; 4) the title /classification
under which they were billed; 5) the hourly rate of pay; 6) actual out -of- pocket
expenses incurred in the performance of services; and 7) other such information
as the City may reasonably require.
III. METHOD OF PAYMENT. Payment to Consultant for the compensation specified
in Section I, above, shall be made after the Finance Director's determination that
the billing submitted pursuant to Section II, above, accurately reflects work
satisfactorily performed. City shall pay Consultant within thirty (30) days
therefrom.
•
•
•
0 ta)
coo
a)
P >
(110
• a)
C:
C:
m la)
2 >
r C: <
• o
cr
C: c
0 m
C) -
LL
O
04
O
ui
O
E
E
O
E
(/)u Z-
0
f
O
M
O
0
-E
(0
8-
rn
Lu
0
o
(9
Eo
E
(D
+''+;
c
(9
LL
oE
zi
o
10
IL
44
41
ui
O
E
E
O
E
(/)u Z-
0
f
O
M
O
0
-E
(0
Construction Management - Francisquito Rehabilitation
Vali Cooper & Associates, 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 in the following schedule which is attached to and
incorporated into this Agreement.
D
City of Baldwin Park - Department of Public Works
Proposal for Construction Management Services - Francisquito Avenue Overlay Project
B LUNIN
1 K.
Based on conversations with the City of Baldwin Park, we have put together a technically competent and efficient
team for this project, as noted earlier. We have proposed Doug Franco as our Contract Manager / Resident
Engineer. Doug's involvement with the project will be limited to big picture issues such as written correspondence,
change orders, responding to RFIs, handling weekly progress meetings, contract change order negotiations,
claims review, mitigation, and negotiation, and reviewing and analyzing the schedule. Doug will also provide
periodic project reviews as part of VC &A's quality assurance process at no cost to the City. We are also
proposing Doug as our Resident Engineer for the Construction Management Services for the Syracuse
Storm Drain Installation Project for the City of Baldwin Park.
Our proposed Assistant Resident Engineer / Inspector will be our talented and proactive Tom Galvan. Tom will
handle the day -to -day inspection and administration issues such as field reviews, submittal reviews, problem
solving, working with the City and designers to resolve field issues, preparing weekly statements of working days,
handling public relations, maintaining the project files, coordinating with the City of Baldwin Park, the County of Los
Angeles and any other agencies. Tom will be on site full time during the critical areas of construction such as
concrete pours. We are also proposing Tom as our inspector for the Construction Management Services for
the Syracuse Storm Drain Installation Project for the City of Baldwin Park. Between the two projects Tom
will be full time and has the relevant experience for both projects. This is a cost effective and efficient way
to serve the City's needs for both projects.
Linda Smoot is our proposed Office Engineer / Grants Administrator. Linda will review all certified payroll and
corresponding issues and will assist with any of the federal funding requirements. We are also proposing Linda
as our Funding Coordinator for the Syracuse Storm Drain Installation Project for the City of Baldwin Park.
We have proposed Vartan Deirdeirian as our Senior Materials Technician for the project. Vartan will handle the
materials testing component on the project including compaction for the structural section, plant inspection for the
asphalt concretes and will conduct all appropriate sampling and testing to confirm conformance with the Contract
asphalt
Plans and Specifications.
621
Assumptions Used:
1. Assume construction starts May 2009 and is completed within 60 working days.
2. VC &A is willing to work with the City of Baldwin Park regarding level of staffing to meet budget and project requirements.
Should VC &A be selected for both the Syracuse Storm Drain Installation project and the Francisqufto Overlay project we will be willing to negotiate with the
City on a more cost effective package.
Notes:
1 . Contract time may be extended by weather or unforeseen delays that arise during construction.
2. Overtime hours are not shown.
Vail Cooper &Associate , lnc 15
2009
®
April
Mey
June
July !
Aug
1 - Pre- construction services
Dou Franco PE
Resident Engineer
8
8
Tom Galvan
Assistant Resident Engineer
8
l
8
2 - Construction Inspection services'
Dou ra
Fnco PE
Resident Engineer
24
24
24
72
Tom Galvan
Assistant Resident Engineer
88
104
152
344
! Linda Smoot
Office Engineer
16
16
15
48
Kleinfelder
Matenals Testing
100
100
100
300
i
I
3 - Post - construction Services (projectcioseout)
I Doua Franco, PE
Resident Engineer
10
10
Tom Galvan
Assistant Resident Engineer
13
13
Linda Smoot
Office Engineer
18
18
I
621
Assumptions Used:
1. Assume construction starts May 2009 and is completed within 60 working days.
2. VC &A is willing to work with the City of Baldwin Park regarding level of staffing to meet budget and project requirements.
Should VC &A be selected for both the Syracuse Storm Drain Installation project and the Francisqufto Overlay project we will be willing to negotiate with the
City on a more cost effective package.
Notes:
1 . Contract time may be extended by weather or unforeseen delays that arise during construction.
2. Overtime hours are not shown.
Vail Cooper &Associate , lnc 15
Construction Management - Francisquito Rehabilitation
Vali Cooper & Associates, Inc.
EXHIBIT "D"
ADDITIONAL PROVISIONS
None
11
BALDWIN
P • A, R, K
TO:
FROM:
DATE:
SUBJECT:
err -.
APR 15 2009
ITEM NO,
CONSENT CALENDAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE
BALDWIN PARK POLICE DEPARTMENT AND BALDWIN PARK
UNIFIED SCHOOL DISTRICT POLICE DEPARTMENT
PURPOSE
The purpose of this report is to provide Council with information relative to the reaffirmation of
the Memorandum of Understanding between the Baldwin Park Police Department and Baldwin
Park Unified School District Police Department and to seek Council approval to reaffirm the
MOU agreement.
BACKGROUND /DISCUSSION
As you may recall, since the early 1990's the Baldwin Park Police Department and Baldwin Park
Unified School District Police Department have been conducting various law enforcement
related activities in the City without any formal written agreement. The lack of a formal
agreement, at times, has in some instances lead to confusion on which agency handles a
particular case.
Pursuant to Education Code Section 38000, the Baldwin Park School District is permitted to
implement a police department to ensure the safety of school district personnel and pupils and
the security of school district property. Although such officers do not have general police
powers and are intended to be supplementary to the City's police department, they are "peace
officers" when carrying out those designated duties and in other limited circumstances, most
notably if there is immediate danger to persons or property. The City's police force is, of
course, peace officers in those same circumstances. As earlier noted, this overlap of authority
has on occasion created the potential for confusion or other problems in correction with certain
incidents.
To address this issue, the Police Chief has negotiated the attached Memorandum of
Understanding with the School Superintendent /Chief of Police to delineate the jurisdiction of the
School District Police and communication and other reporting requirements, which has and
should continue to significantly reduce the potential for the problems as discussed above. The
MOU also provides for the sharing by the School District of revenue, which is generated from
Memorandum Of Understanding Between The Baldwin Park Police Department And
Baldwin Park Unified School District Police Department
Page 2 of 2
arrests for traffic enforcement made by the School District police. This revenue, however, is
likely to be minimal, given the clarification of jurisdiction, which is contained in the MOU, and will
be specifically utilized for offsetting the City's share of funding the crossing guard program.
At the April 1, 2009 Council meeting, Council Member Bejarano brought forth some concerns
regarding the lack of a release of liability clause in the proposed MOU. These concerns have
been addressed. City Attorney Pannone reviewed the MOU and included language under the
"MUTUAL UNDERSTANDINGS" section which releases the Baldwin Park Police Department
and the Baldwin Park Unified School Police Department from any damage or liability arising
from any acts or omissions on the part of either party, or liability resulting from Workmen's
Compensation laws and benefits for any injury or death suffered by an employee from either
Deportment.
The proposed Memorandum of Understanding has been reviewed and approved as to form and
content by the City Attorney.
FISCAL IMPACT
The fiscal impact to the city is approximately $12,000 in increased revenues, annually.
This amount could fluctuate depending on the amount of revenues collected by the School
District from the Los Angeles County Court System. The annual additional funds will be utilized
to offset costs associated with the City's Crossing Guard Program, currently under the direction
of the Police Department.
RECOMMENDATION
1) Staff recommends City Council review the Memorandum of Understanding.
2) City Council authorize the Chief of Police to sign the Memorandum of Understanding
and enter into an agreement with the Baldwin Park Unified School District Police
Department regarding law enforcement protocol.
MEMORANDUM OF UNDERSTANDING
Between the
BALDWIN PARK POLICE DEPARTMENT
and the
BALDWIN PARK UNIFIED SCHOOL DISTRICT
POLICE DEPARTMENT
..
This agreement is entered as of the day of , 2009, between the
CITY OF BALDWIN PARK POLICE DEPARTMENT (hereinafter referred to as the "Police
Department ") and the BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
DEPARTMENT (hereinafter referred to as the "School District Police ").
PURPOSE
It is the intent of the parties to this memorandum to create a clear delineation of law
enforcement duties and responsibility between the Police Department and the School District
Police. This Memorandum of Understanding ( "MOU ") shall in all respects be subject and
subordinated to the provisions of federal, state, and local statues. This MOU does not affect any
other MOUs between the Police Department and School District Police, except in the event of a
conflict, in which case this MOU shall prevail.
BACKGROUND
Pursuant to California Education Code § 38000 et seq., school districts for the State of
California have the authority to adopt and implement a school district police department to
ensure the safety of school district personnel and pupils and the security of the real and personal
property of the school district.
Members of the School District Police, when duly sworn, are peace officers, for the
purpose of carrying out their duties and employment pursuant to Penal Code § 830.32 et seq. and
as such, their authority, in some cases, extends to any place in the state. However, it is the
intention of the California Legislature that school district police shall be supplementary to city
and county law enforcement agencies and not are vested with general police powers.
DEFINITIONS
The following definitions shall govern construction of this MOU:
"Agencies" shall mean both the Police Department and the School District Police.
"Agency" shall mean either the Police Department or the School District Police.
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 2 of 9
"Arrest" shall have the meaning provided at Section 1463(a) of the California Penal
Code.
"Code 3 Event" shall mean the occurrence of an event which triggers the activation of an
Agency's policy(ies) regarding pursuit of suspects (commonly known as an Agency's "Code 3
Policy "). Copies of both Agencies' Code 3 Policies are attached to this MOU as Exhibit "A."
"County" shall mean the County of Los Angeles, California.
"Incident Commander" shall mean the Supervisor exercising ultimate jurisdiction over
the Agencies at a law enforcement event.
"School district employees" shall refer to any Baldwin Park Unified School District
employee, including but not limited to principals, teachers, janitors, coaches, teacher's aids,
substitute teachers, administrative staff, volunteers, and secretarial and office staff. "School
district employees" shall also refer to any elected or appointed Baldwin Park Unified School
District official.
"School district property" shall refer to all real and personal property owned, leased, or
otherwise subject to the legal possession of the Baldwin Park Unified School District. "School
district property" shall also refer to real property at which any school - related event occurs,
regardless of whether such property is owned, leased, or possessed by the Baldwin Park Unified
School District.
"School- related event" shall mean any public or private gathering planned, formed, or
established by or for the Baldwin Park Unified School District.
"Supervisor" shall mean the peace officer of the Police Department and/or the School
District Police authorized to direct and supervise subordinate peace officers at any location or
over any law enforcement matter.
RESPONSIBILITIES OF SCHOOL DISTRICT POLICE
While the Police Department has ultimate jurisdiction over law enforcement activities
within the territorial jurisdiction of the City, School District Police may exercise jurisdiction at
the following locations and over the following law enforcement matters:
1. Crimes /offenses committed by or against school district students on school
district property, while traveling to or from school, or at a school sponsored
event during normal school hours, or during the hours of a school sponsored
event.
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 3 of 9
2. Crimes /offenses committed by or against school district employees on or near
school district property or at a school sponsored event; during normal school
hours, or during the hours of a school sponsored event.
3. Crimes against school district property;
4. Truancy violations.
5. Vehicle Code violations occurring on or near school district property; that
present an immediate danger to persons or property
6. Any matter in which the Police Department requests the assistance of School
District Police;
7. Within the boundaries of the City of Baldwin Park, if a School District Police Officer
witnesses a crime in progress with respect to which there is immediate danger to persons or
property or of the escape of the perpetrator of such an offense, the School District Police Officer
may take immediate and legally appropriate action to interrupt the crime and attempt to
apprehend the suspect. The City of Baldwin Park Police Department notes that the majority of
Vehicle Code and enforcement of parking regulations do not generally create such an immediate
danger.
Notwithstanding the initial assumption of jurisdiction by the School District Police
pursuant to the list above, the School District Police shall give notice to the Police Department
and the Police Department will or may assume jurisdiction in the following events:
1. The Police Department will be immediately notified of any Code 3 Event acted on by
School District Police officers or personnel. Such notice shall be given by contacting (via radio,
telephone, or other means to erasure immediate communication' ) the Police Department's dispatch
center and notifying the dispatch officer(s) of the time, location, and circumstances of the Code 3
Event. The Police Department may respond and take control of and responsibility for the
investigation at the sole discretion of a Police Department Supervisor.
2. The School District Police will immediately refer all of the following type cases,
regardless of location, and whether or not the action was completed or constitutes attempt, to the
Police Department for investigation, unless otherwise directed by a Police Department
Supervisor:
• Murder;
• Suicide;
• Domestic Violence;
• Felony Assault;
• Serious Criminal Threats;
• Gang - Related Crimes, with the exception of
simple battery, misdemeanors involving
controlled substances, graffiti, and vandalism
crimes; however, the Police Department shall be
notified of all cases involving a gang member
• Sexual Assault;
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 4 of 9
• Missing Persons; • Firearms;
• Child Abuse; • Arson, Explosive, and Destructive Devices;
• Injury Traffic Collisions; • Robbery; and
• Kidnapping; • Any case in which the School District Police
• Felony Hit & Run; request the assistance of the Police Department.
The Police Department will respond and take control of and responsibility for the
investigation unless a Police Department Supervisor, in his /her sole discretion, authorizes the
School District Police to retain control of and responsibility for the investigation.
3. The Police Department will be immediately notified of any violation or attempted
violation of any of the following Penal Code provisions acted on by School District Police
officers or personnel if the violation or attempted violation involves a gun. The Police
Department may respond and take control of and responsibility for the investigation at the sole
discretion of a Police Department Supervisor:
a. Penal Code § 245 (Assault with a Deadly Weapon)
b. Penal Code § 626.9 (Gun Free School Zone Act)
c. Penal Code § 626.10 (Bringing or Possession Weapons on School Grounds)
4. Notwithstanding any provision of this Memorandum of Understanding to the contrary,
a Police Department Supervisor may assume jurisdiction at any location, or over any law
enforcement matter, by giving verbal or written notice to a Supervisor of the School District
Police.
If the Police Department has not assumed jurisdiction over an incident, the School
District Police shall, within two (2) days of the event of an arrest, or within five (5) business days
of a non - custodial incident, notify the Police Department of any acts of students or school district
employees relating to violations of any of the following sections:
• Penal Code § 245 — Assault With A Deadly Weapon;
• Education Code § 48900 (c) — Unlawfully possesses, uses, sells, or otherwise
furnishes, or is under the influence of, any controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and Safety Code,
alcoholic beverage, or intoxicants of any kind;
• Education Code § 48900 (d) — Unlawfully offers, arranges, or negotiates to sell any
controlled substance listed in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code, alcoholic beverage, or intoxicants of any
kind, and then either sells, delivers, or otherwise furnishes to any person another
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 5 of 9
liquid, substance, or material and represents the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant;
• Penal Code § 626.9 — Gun Free School Zone Act; and
• Penal Code § 626.10 —Bringing or possessing weapons on school grounds.
Notification shall be in the form of preparing and filing a crime report.
The Police Department shall be given copies of all arrest and crime reports prepared by
the School District Police. School District Police shall ensure prompt delivery of all reports to
the Police Department's Records Bureau.
In addition, the School District Police will notify the Police Department of safety
information related to the persons or property within the City of Baldwin Park and general
officer safety information that might affect the safety of Police Department Officers.
RESPONSIBILITIES OF POLICE DEPARTMENT
As set forth above, a Police Department Supervisor may make a determination
concerning law enforcement incidents and /or crimes and give School District Police control of
and responsibility for investigating those incidents /crimes.
The Police Department will notify the School District Police of any calls received to its
dispatch center or incidents to which it has responded which involve School District property.
The Police Department will notify School District Police of safety information
specifically related to the schools within the City of Baldwin Park and general officer safety
information that might affect the safety of School District Police Officers.
SCHOOL - RELATED EVENTS
The following policies and procedures are agreed upon to facilitate coordination for
planning and responding to school related events:
1. School District Police and the Police Department will make every effort to share
information received regarding potential incidents on or near any school district property
with the appropriate School District employees, student leaders, parents, site
administrators, and the community to the extent that it does not jeopardize planning or
police response.
2. A Supervisor from each Agency will be dispatched to any school - related event, which
requires immediate police intervention. Each Agency will coordinate the response of its
personnel, however, the Police Department Supervisor will assume the role of Incident
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 6of9
Commander. Enforcement action will be at the direction of the Incident Commander.
The Incident Commander will keep the Supervisor of the School District Police apprised
of the enforcement action within a reasonable time period.
3. If non - emergency enforcement actions require a contingency plan, School District Police
Department personnel will prepare the plan with input from the Police Department
4. Planned non - violent events (sporting events, school activities, etc.), which require a law
enforcement presence will be coordinated by School District Police and the appropriate
school district employees.
REIMBURSEMENT FOR ARRESTS
In accord with the understandings regarding jurisdiction set forth herein, the Police
Department and School District Police desire that, pursuant to the provisions of Penal Code §
1463, et seq., fines and /or forfeitures relating to Arrests should be reimbursed by the County to
whichever Agency has control of and responsibility for investigation of the incident as set forth
in this MOU, regardless of the location of the Arrest.
Notwithstanding the above, the School District Police agrees to pay the Police
Department fifty (50 %) of traffic citation fines and revenue received by the School District
Police during the term of this memorandum. Payments shall be made by the School District
Police on a semi - annual basis, based upon receipt to that date. The Police Department covenants
and agrees that to the extent permitted by law; this revenue shall be utilized to offset costs
incurred by the Police Department or the City of Baldwin Park in the employment of school
crossing guards. Upon request, the Police Department shall provide evidence to the School
District Police that such revenue has been utilized for such purpose.
MUTUAL UNDERSTANDINGS
Each Agency shall be responsible for conducting criminal investigations that its Agency
initiates, except in cases where the investigation is referred to the other Agency. Exceptions
regarding follow -up investigations may be mutually agreed -upon between Supervisors from each
Agency. Both Agencies will continue to exchange information to ensure accurate reporting.
Media relations will be handled by whichever Agency is responsible for the investigation
of an incident /crime.
The Police Department and School District Police will meet periodically, at least once a
year or when deemed necessary by either Agency, to discuss, clarify, review and update this
Memorandum of Understanding. Both Agencies will work with City officials and School
District administrators to ensure clear understanding of roles and responsibilities.
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 7 of 9
Neither the Police Department nor any officer or employee of the Police Department
shall be responsible for any damage or liability occurring by reason of any acts or omissions on
the part of the School District Police under or in connection with any work, authority, or
jurisdiction delegated to or determined to be the responsibility of the School District Police under
this Memorandum of Understanding. It is also understood and agreed that, pursuant to
Government Code, Section 895.4, the School District Police shall fully indemnify, defend, and
hold the Police Department harmless from any liability imposed for injury (as defined by
Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of the
School District Police under or in connection with any work, authority, or jurisdiction delegated
to or determined to be the responsibility of the School District Police under this Memorandum of
Understanding.
Neither the School District Police nor any officer or employee of the School District
Police shall be responsible for any damage or liability occurring by reason of any acts or
omissions on the part of the Police Department under or in connection with any work, authority,
or jurisdiction delegated to or determined to be the responsibility of the Police Department under
this Memorandum of Understanding. It is also understood and agreed that, pursuant to
Government Code, Section 895.4, the Police Department shall fully indemnify, defend, and hold
the School District Police harmless from anv liability imposed for injury (as defined by
Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of the
Police Department under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the Police Department under this Memorandum of
Understanding.
In contemplation of the provisions of Section 895.2 of the Government Code of the State
of California imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement (as defined in Section 895 of said Code), each of the
parties hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code,
will assume the full liability imposed upon it or any of its officers, agents, or employees by law
for injury caused by any act or omission occurring in the performance of this Memorandum of
Understanding to the same extent that such liability would be imposed in the absence of Section
895.2 of said Code. To achieve the above - stated purpose, each of the parties indemnifies and
holds harmless the other party for any liability, cost, or expense that may be imposed upon such
other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the
California Civil Code are made a part hereof as if incorporated herein.
The Police Department shall also defend, indemnify and hold harmless the School
District and School District Police from any and all liability resulting from worker's
compensation laws and benefits for any injury or death suffered by a Police Department
employee, except to the extent the injury or death is the result of the School District Police's
actions or omissions.
The School District Police shall also defend, indemnify and hold harmless the City and
the Police Department from any and all liability resulting from worker's compensation laws and
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 8 of 9
benefits for any injury or death suffered by a School District Police employee, except to the
extent the injury or death is the result of the City or Police Department's actions or omissions.
"Baldwin Park Police Chief Lili Hadsell has represented the Police Department and
School Superintendent Mark Skarvana has represented the School District Police in the
preparation of this Memorandum of Understanding, and those persons therefore have a full and
detailed understanding of the intent of the parties to this Memorandum of Understanding. To
assure that such understanding remains in effect, upon any change in personnel in the position of
Police Chief or School Superintendent, the person appointed to such position (whether as an
interim or permanent appointment) shall as soon as possible contact the person then filling the
other position to discuss and affirm his or her understanding of the rights and duties of the parties
as set forth herein. If after such discussion, the Police Department or School District Police
believes, in its reasonable discretion, that the intent of the parties is no longer understood, such
party may terminate this Memorandum of Understanding, provided it shall give the other party
not less than five (5) business days notice before such termination.
This Memorandum of Understanding represents the good faith agreement of the parties to
define their respective rights and duties and supersedes any other similar agreement between the
parties.
This Memorandum of Understanding will become effective upon signature by both
parties and remain in effect through , 2013. This Memorandum of
Understanding may be renewed upon written mutual consent of the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of
Understanding as of the date first written above.
Date:
Lili Hadsell, Chief of Police
Baldwin Park Police Department
Date:
Mark Skarvana, Superintendent
Baldwin Park Unified School District
[Signatures continued on page 9]
MEMORANDUM OF UNDERSTANDING
BALDWIN PARK POLICE DEPARTMENT &
BALDWIN PARK UNIFIED SCHOOL DISTRICT POLICE
Page 9 of 9
APPROVED AS TO FORM:
Date:
City Attorney
City of Baldwin Park
Date:
School District Counsel
4;.
7001,
P , A , R- K
TO:
FROM:
DATE:
SUBJECT:
PURPOSE
Honorable Mayor and Members of the City Council
Edwin "William" Galvez, Director of Public Works
April 15, 2009
APR 15 2009
ITEM NO. I I
STAFF REPORT
f
4
r
UPDATE ON STIMULUS FUNDED PROJECTS AND DESIGN
SERVICES CONTRACT AMENDMENT
The purpose of this report is to provide the City Council with an update on the stimulus
1U11Uing and request ratification of a consultant contract to Transtech Engineers, Inc. in
the amount of $19,500 to complete the Preliminary Environmental Study (PES) and to
prepare the plans, specifications, and estimates (PS &E) for the Maine Avenue
Roadway Preservation Project.
On February 18, 2009, the City Council approved hiring Transtech Engineers to prepare
Plans and Specification and all construction documents for stimulus funded Ramona
Boulevard.
On Friday February 27, 2009, staff became aware that at its February 26, 2009
meeting, the MTA approved a number of projects for stimulus funding over and above
the formula based amounts. Staff was delighted to learn that there was potential to
receive $390,000 for Maine Avenue Roadway Preservation Project. However, in order
to secure funding, the preliminary environmental study, and plans and specifications
were urgently needed. In order to not loose out on this potential funding opportunity,
staff requested Transtech to prepare the necessary documents.
All necessary documents for this project are completed and this project is ready to
construct.
DISCUSSION
In order to meet a number of deadlines, the first of which was to prepare and submit by
March 12, 2009 a preliminary environmental study, staff needed to proceed with
preparation of all project documents or not receive stimulus funding. At stake was
$390,000. Due to the tight timelines, an RFP process was not feasible.
Update on Stimulus Funding Page 2 of 2
April 15, 2009
Staff authorized Transtech Engineers to proceed and meet all related deadlines at a
cost or $19,500. It is staff's opinion that this amount is fair for the scope of work
provided. In addition, Federal funds authorized for construction precludes the design
firm from participating in Construction Management services on this project.
Despite our efforts and MTA's recommendation, Caltrans has decided to not fund the
project at this time. However since the project is ready, there is a potential that
subsequent stimulus funding may be made available in May 2009. Nevertheless, the
preparation of construction document are required for any federally funded projects.
As an option, if Stimulus funding does not materialize pater ialize of � this project, the City may
proceed with construction using the savings from the Franscisquito Rehabilitation
project. The Francisquito project came in with bids at 34% under the engineer's
estimate.
FISCAL IMPACT
There is no impact on the General Fund. Staff is recommending the use or Proposition
1B Funds since this is an eligible expenditure supporting infrastructure improvements.
There are sufficient Proposition 1 B funds in the fund balance to support this effort.
RECOMMENDATION
Receive and file
ATTACHMENTS
None
L�LLLLU .RttPft AGENDA
The purpose of this report is to provide an analysis and recommendation to the City
Council regarding three (3) Assembly Bills (AB 68, 87 and 1141) related to single -use
carryout plastic bags. Attached is a general overview of each Bill and a short summary.
BACKGROUND /DISCUSSION
On April 1, 2009, Councilmember Marlen Garcia requested Staff review and analyze
three (3) bills in the Assembly that propose measures related to single -use carryout
plastic bags.
Dine to the Statewide concerns regarding the various impacts on the environment of
single -use carryout plastic bags, three (3) Assembly Bills have been proposed and are
currently being considered by the Assembly Natural Resources Committee to reinforce
existing programs and propose new programs related to these type of plastic bags.
Assembly Bills 68 and 87 propose a $.25 tax on each single -use narr /ni it plastic. bag
utilized by a consumer and are proposing the collected moneys be expended on
programs related to single -use carryout bags (reducing litter, providing reusable bags,
etc.) Both Bills would require reports on the effectiveness of the programs to the
Legislature.
Assembly Bill 1141 is different from the other two bills in that the cost burden for using
single use carryout bags is placed on the manufacturer /distributor rather than the end
user. For example, each manufacturer /distributor of single -use carryout plastic bags
would pay a fee for each bag it sells to a store. This bill also requires specific
manufacturing standards which gradually increase for single -use carryout plastic bags.
A significant difference between Bills 68, 87 and 1141 is that 1141 prohibits public
agencies, including cities from enacting any type of regulations which prohibits the use,
sale, import, or distribution of single -use carryout plastic bags. Bills 68 and 87 would
allow public agencies to prohibit single -use carryout plastic bags, however agencies
that do so would not be eligible for future grants funds pursuant to the legislation.
Single -Use Plastic Bag Legislation Analysis
April 15, 2009
Paqe 2 of 2
Although Staff understands that the impacts from single -use carryout plastic bags are
one of statewide concern, staff is of the opinion that any type of legislation which
restricts public agencies, including cities from enacting and enforcing legislation should
be avoided. Therefore, staff would not recommend supporting AB 1141 as it would
constraint the City ability to enact further legislation related to this issue. On the other
hand, AB 68 and 87 alleviate the concern while having essentially the same impact to
the consumer.
LEAGUE OF CA CITIES ACTION
nn Griday, April 3 2(1(19 the I eagle of CA Cities Environmental Quality Policy
Committee met and considered the three (3) Assembly Bills. As a result, the League
issued letters to the authors of AB 68 (Brownley) and AB 87 (Davis) indicating that the
League has taken the preliminary position of `Support if Amended' on both bills. The
League's concerns include: (1) the proposed fee should be charged to all consumers;
(2) that the funds collected should also be used to address recycling and litter
abatement programs for existing and new bags; (3) for those cities that ban single -use
carryout plastic bags should receive a CEQA exemption; and (4) the League does not
want to see limits on cities which ban plastic bags. According to the League's website,
no action has been taken to date on AB 1141.
RECOMMENDATION
Staff recormmends that the City Council support AB 58 and AB 87 if amended,
consistent with the League's support, as both bills will have the same impact upon the
consumer and authorize staff to send the attached letters of support.
ATTACHMENTS
1) Summary of Assembly Bills
2) Copies of Assembly Bills
3) Letters to Assembly Bill Authors
s �
aC:Wmy\AMY\WORD \Reports \Council Reports \Single Use Plastic Bags.doc
U)
0
U)
CL
0
L)
W
U)
O
z
F5
0
0
W
—j
W
ce
cr)
LL.
0
00
E
E
0
0
CU
cn
(D
U)
_0
C3) a)
m
0
0- 0
2
U) U)
a)
< M
0
a)
a) "
-C 0
C) U)
0)
C.)
-C
m
a) cp
_0
U)
(n
m
E
-E
0
C:
0
m
cr
E
0
c
U)
.5;
a)
.0
0
00
Co
0 M
C:
r 0
cL a)
>
a)
4- (n
0
(D
in
(D
a)
4-
0
m
Co a)
-p 7a
L- c:
—
cn U)
(n 0)
E
u L–
�—
0 -
_0 �5
0
—
(D
C6
>
E
0
a)
u) a)
:3
a) 0
Lr–
_0
(D
C:
a) Q)
>
z
L)
-a Ua)
k/.
0
C 6
D
C0
a
C
(D n
aa
o
0
'r
g® U)
f
W
b
LID
(n
—
m
-- E
o
0
y
0
0 D
> LL
0
C.)
o
D
C—
CL 0
—
E =
r L-
0)
0
Co a)
—
U) cm
0
0,- 0 0-
0- U)
x
4- a- a)
a)
0
E o) 2
a)
(D
(D 0
U)
o m o
-a
0
0
>
(D
(n
<
Q
C-)
C-6
4-
0
0
—
(D
=
T) m
(D (n
a)
V
0
LL
r2 .
Z N
-�= a)
=3 =
0-
(D
o
cr .—
a) C-)
En
-0
a) 0
k
12
(D
cn
0 a) cr
0
a) —
C:
(D
co cn
UJ
V)
0-
se
E.0
0
a 72
0 0)
"c-
=U)
cn _0
a)
= cu
0
-
>,
:2 Co�
cy) C:
a?
4
C:
00
0
2
-C
a)
C)
A
00 L6
0
-E
E
c"
c:)
c:
o o
>
3:
=
C',
—
0 64 U)
d5
0
co
CY)
Nt
0
O
cn
cn
E
(D
,a
o 0
CL
Cl)
CL
W
Cn
:D
W
-i
CD
z
Fn
0
F-
0
W
F-
w
O
•
Co
-C
co
0
0
CL
N Co
>
0
a)
0 0 UL o
0
0) 0
a)
Cu
Cu 0
0) 0 M
Cz L�- 0
-a
C.)
0
LZ U) a)
:D a)
CCS
(D
0
.
0 -
u —C 7
E
(D
C: D a)
M
0)
0
a) 0
0
0
ob
0
U)
N
L-
E 0
a) 0
U)
-C
0)
E o
0 0 m
0
m a)
—
" — a-
Cn p
Cn
U)
Co
c
0 0
— t--
0 c —M
CD
C-
-0
a)
E —C:
>
0
>
m
M >' CD
0 Co
co
u)
c- E
C
4-
-0 C o
:
a) U)
CY)
c) u")
o
— a)
E Co --
"
>
a) M
E
(D N
a)
0)
L)
=
c
a) E
-0
a) (D
0-0
C:
m
2�
a)
=—
-0
Co
a) Ch
U0)-,--
L)
—
=3
.2
(n a)
:3
0
- -1
a)
U) U)
C))
_0 Co
1�
=- 4—
a)
o)
a)
C. Co
E
L) a)
v) 0
0)
(u)
D
C: C)
0
m
(D U)
M
U)
a)
(D (D
I- a)
u)
m u)
a) -0
—
m
0
0
0 M
< 56—
=0)
—0 a)
>
Co
z
-
LU
--1--
(1)
() -S�
0)
o
E
a) (1)
0)
-o
a) u)
-r- 0
U)
0
0
0
a)
0
U) -C
U-
c a)
-
U)
-0 C-) Q)
-0 a) U)
Co - C:
a)
<
CC C-)
4-
4- :3
a)
C: &-
c a)
N
0
0
_0 W (1)
(1)
o
U)
c
Q)
CL a
a)
X
Q) E C:
4- 0
0—
CL)
= 0
E—
cc:
06 -E
U)
ku -0
E
o a) -0
Co
a)
C:
0 L
co C:
(1)
Lc
U)
(1) 0)
(n
(1) E
E
o
E
0 U)
M
a- Fn
a)
a O7 =3
o
U)
0)
C>
C)
" :)
n
U)
LU
(1)
0
0
2 E
a)
00
M
LO
in
E
Cn
*,
=
Cl)
U)
0
F-
Cl)
(L
F-
D
0
LU
CO
LL
z
i-n
0
F-
0
W
ui
U.
0
T-
E
U)
0
U
0
0
to
U)
Y)
C/)
U)
0
>1 1
_0
U)
C:
-0
U)
(D
c
=
a)
"
0
a)
a)
0
C.)
C
Q)
0)
CU
E
a) C:
L- C13
0 0
a)
U)
M
C- m
0 -0
c
m
0
a)
U)
(D
E
0) co
C: U)
Co
M
-0
m
0
U)
0
W
O
M 0)
m
U)
m
O)o
m
6
C3)
0
-0 >,
CJ
C:
co -0
C: 0)
U)
0)
-C
-0
(1) —
m
CNl
0
:3
0)
QL
L)
M
a)
<
m
o
C:
U)
c)
—
0
(L)
C:
-C)
U)
m
(.) C:
(1)
E
0
U)
a)
0
m
a)
(D
1�
(n
0 m
0
C14
>1
t-f
,
L)
E
0-
(D
a)
0
y. L)
c:
0 c
(am)
,
-C a
o-
a) L)
L-
0)
cl
0
0)—
c
F
m
m
m
m
0
0
0
0 U)
— m
-a
FL
C)
c :3
= -0
-r-
:3
-
a)
0
(D
-
0 �
-0 �
c
0
m
U)
M
C)
C
(D —
CO
CO
0)
C:
m
r-
M C)
co
E
E
0 0
-0
.!2
E -0
C)
m
m
(D
m
_0 �
a)
M
L-
(D
C`4
-5
C:
co C-0
m
0)
a 0
m 0
m
0
0
E
0
-
0-
CO
0
0
.-
0
a) U)
L-
E
o)
0) (D
M
0
a)
E
0-6
-0
>
0
m
m
0
=3 a)
0
L)
c
—0
:5 m
Q) C)
Q
"
0-
a) -0
co
0
0
2� -0
C:
(1)
-0
c- 0
0
0
-0
Co
0
C:
0- CU
r-
—
0
U)
tn
a)
m
—
o a-
-0 E
0
—
(D
c
C)
(D
L-
=
:3 CO
0
a)
CD-
E
a)
L)
U
�:
a)
m
=3
-E
0
(D
(n �
a)
M
=
(D
0
a)
o
L'=
0
L-
AN
U)
a)
0
U) C-
—1V
U)
0 U)
4-
0 M
a) (D
N
m
0
U)
C
0)
E
M
C:
U)
(D
_0
0
U)
C:
0—
c:
0)
n
-a
a)
M
0
>
-0
Co (D
0
HE
0
0
:3
m
m
:3
C:
(D
0 C.)
(D
L)
(D
c)- a)
M
(D
Z
m
M
-C
•o
-0
—
o
C:
IV
0-
U)
p)
m
0
0
Co
Z
0
0
0
=3
0)
M
E
_0
o
a)
-0
>
>
0
>1
a)
C:
m
L)
a)
0
(D
co
0
L-
0
m
-r (D
— _
a)
U) m
cn
x
a)
0
5-5
in a)
LO)
0 E
a)
>
U)
0 :3
" "
U)
=
M Q)
3: L-
(D
a) m
0-
M -r-
— —
(an)
=3
a)
—
(n Q)
CD
m
X-
0"
0
a)
0 C;)
Q)
to
Q. =
1
"
"
0
CD
-0
(D
C (D
'
C:
0)
-0-0
-0
M a)
(D 3:
0)
CB
m :3
D- C:
S:
2
c15
0-0
>
E
a
—0
0
ac:)
C: o L-
0
0 0
10-0
a)
(n
=3 U)
U)
co a)
c
O
U)
>
75
-0,0,
0
-5
a) M
0 (n
CM
C)
0)
0
(D
CCi
0
a) L-
a)
X
C:
0-0
U)
(D
-- C
Lo
<
a)
-0
o
0- CD
0- 0)
Er
0- o
Q)
:3
07-0
co
0
0- o
c:
Q)
:3
C:
a)
(D
a)
0)
L)
cn U)
a) -Fz
(n U)
a)
ts
(D
-r
_0
-5
(D " -0
" o a)
C�
-
C:
0 a)
0 :3
>
-5 r-
-5
m
:3
:3 C:
(D
-o L)
a)
0
-0
C6
0
0
0 0)
75
0
a)
or —
cn
0
Q
0
i
a)
cn
>
-5
M
—
Er a)
-5
(D
m
Q) m
E
a) a)
0
L-
a)
0
,
Fo
o C_ 0
(D
�
0 U)
U)
a) -
0
C
LL cn
a)
LL
-00
cl
_0
rl-
C)
0 L)
CL
UJ
Lf 0
> -0
N
C`NJ
—
C)
C14
co
',I-
LO
co
Z
CNII
co
't
LO
Co
tl-
co
0
E
o
in
cn
—
L>,
a
cn
E
Q,
#(D"
*C:
0
i
tI�
C7
Q
OD
V
H
Cl)
Q
J
a
F-
0
Q:
Q
V
W
W
J
CD
Z_
O
H
W
F-
LU
w
J
J
m
LL
O
� s
C:\Amy\AMY\WORD \Reports \Council Reports \Single Use Plastic Bags.doc
'qw AL 'mw m ommmml R M m
AMENDED IN ASSEMBLY MARCH 31, 2009
CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION
r
ASSEMBLY BILL
V I
Introduced by Assembly Member Brownley
(Principal coauthor: Senator Pavley)
(Coauthors: Assembly Members Blumenfield, Chesbro, Feuer,
Huffman, Krekorian, Ma, Nava, John A. Perez, and Yamada)
(Coauthor.- Senator DeSaulnier)
December 12, 2008
An act to add Chapter 5.3 (commencing with Section 42280) to Part
3 of Division 30 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 68, as amended, Brownley. Solid waste: single -use carryout bags.
Existing law requires an operator of a store, as defined, to establish
an at -store recycling program that provides to customers the opportunity
to return clean plastic carryout bags to that store. Existing law imposes
various requirements on at -store recycling programs, including requiring
a store to maintain records describing the collection, transport, and
recycling of plastic carryout bags collected by the store.
Under existing .law, the California Integrated Waste Management
Board (board) administers laws related to waste management.
Existing
7w- G5�'�3C$Z7� T.t,.,, R •ZS �gLtlY \ugeiiey�
This bill would, on and after July 1, 2011 2010, prohibit a store, as
defined, from providing a single -use carryout bag to a customer unless
the store charges a fee of not less than $0.25 per bag at the point of sale.
The bill would exempt certain customers from paying the fee. The bill
98
AB 68 —2
would establish the Bag Pollution Fund in the State Treasury and would
require a store to remit the single -use carryout bag fees, less a specified
amount, to the State Board of Equalization for deposit in that fund. The
bill would prohibit a store from distributing a single -use carryout bag
that is not a plastic or compostable carryout bag that meets speck
requirements.
The bill would require the- agengy a the board to administer and
enforce the single -use carryout bag provisions and would require the
State Board of Equalization to administer the collection of the fees
imposed on those bags.
The moneys in the fund would be required to be expended, upon
appropriation by the Legislature, in a specified order of priority, by the
board for grants to cities and counties for programs related to single -use
..ar,R, ha "c and reusable bag gi —away programs, b the State Board
vciii.Y— v 5" 5 s.............,.y Y�"g� , y
of Equalization to reimburse its costs associated with collecting the
fees, by the ageney-aft board for purposes of implementing the above
provisions, and by the board, in consultation with specified state
agencies, to develop and implement specified programs related to
single -use carryout bags. The bill would expressly prohibit the
expenditure of revenues from the fund for activities unrelated to the
prevention or reduction of'single -use bag pollution.
The bill would require the board, on or before January 1, 2013, to
submit to the Legislature a report regarding the effectiveness of the
above provisions and recommendations to further encourage the use
of reusable bags.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Single -use carryout bags provided by stores impose hidden
4 costs on consumers, local governments, the state, taxpayers, and
5 the environment.
6 (b) Litter from plastic carryout bags poses a significant burden
7 to California's economy and a serious threat to our marine
8 ecosystem. It is estimated that Californians consume 19 billion
9 plastic carryout bags per year. However, according to the California
10 Integrated Waste Management Board, the recycling rate for these
98
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
3 — AB 68
bags is less than five percent and it currently costs the state
twenty -five million dollars ($25,000,000) annually to landfill
discarded plastic bags. Public agencies in Califomia also spend
more than three hundred million dollars ($300,000,000) annually
in litter cleanup.
(c) Despite past efforts to control ocean litter, the quantity of
trash in the coastal and ocean environment is increasing
dramatically worldwide. It is estimated that 60 to 80 percent of all
marine debris, and 90 percent of floating debris is plastic. It may
take hundreds of years for this plastic to break down and some
plastics never truly biodegrade in the marine environment. Streams
and storm drains carry plastic bags to the ocean where they are
frequently mistaken as food by marine life. Over 267 species
worldwide have been impacted by plastic litter such as plastic, bags
through entanglement or ingestion.
(d) Imposing a fee on carryout bags has proven successful in
significantly reducing the number of single -use carryout bags.
Since 2002, Ireland has implemented a twenty -two euro -cent
( €0.22) levy, which is equivalent to thirty -three cents ($0.33), on
single -use plastic bags and reported a significant decrease in
consumer use and pollution from carryout bags by over 90 percent.
The levy has generated more than one hundred seventeen million
euros ( €117, 000, 000), which is equivalent to one hundred fifty
million dollars ($150,000,000), to support waste reduction and
prevention programs, promote environmentally friendly products,
implement local waste management plans, and implement
environmental education and awareness initiatives.
(e) Pape bags made from virgin materials are not sustainable
alternatives to plastic carryout bags because the production of
these types of bags contributes to deforestation, natural resource
depletion, greenhouse gas emissions, and additional waterborne
wastes. Paper carryout bags that contain no old - growth fiber are
100 percent recyclable and contain a minimum of 40 percent
postconsumer recycled content have fewer° negative impacts than
virgin paper bags.
(f% Plastics made from biobased sources that are marketed as
"compostable " or "biodegradable " have not been shown to
degrade in aquatic environments and require conditions only
available in composting facilities to rapidly break down into
constituents that assimilate back into the environment. With the
98
AB 68
1 exception of the City and County of San Francisco, the City of
2 Oakland, and a few other communities, these composting facilities
3 are not typically available to local jurisdictions and compostable
4 plastic in communities without commercial composting would be
5 disposed of as waste.
6 (g) On February 8, 2007, the Ocean Protection Council adopted
7 a comprehensive resolution to reduce marine debris by targeting
8 specific actions on single -use plastic packaging. On November
9 20, 2008, the Ocean Protection Council adopted a final
10 implementation strategy for that resolution that includes a
11 legislative recommendation to charge consumers a fee on all
12 single -use plastic and paper carryout bags as an incentive for
13 consumers to switch to reusable bags. The Ocean Protection
14 Council further recommended that fees on commonly littered items,
15 such as single -use bags, should, fund litter abatement, stormwater
16 capture, and litter prevention and outreach programs to reduce
17 the incidence of marine debris.
18 f d-
19 (h) Requiring stores to end the subsidy of single -use carryout
20 bags and charge their full economic and environmental costs will
21 provide consumers with an appropriate market signal to make
22 informed decisions regarding carryout bag reduction and — reuse
23 options will encourage consumers to opt for reusable bags.
24 {e}
25 (1) Requiring stores to charge and remit a fee for the distribution
26 of single -use carryout bags will help the state and local
27 governments to offset the environmental and social costs of
28 single -use carryout bags.
29 ff)
30 0) There is a need for a long-term shift away mom litter control
31. and waste management and towards pollution prevention and
32 sustainable materials in the development of consumer products.
33 {g}
34 (K) Green chemistry, material science, and sustainable design
35 offer a new approach to solving environmental damage caused by
36 single -use carryout bags.
37 fh-
38 (l) The imposition of the fees pursuant to Section 42281 of the
39 Public Resources Code would not result in the imposition of a tax
40 within the meaning of Article XIII A of the California Constitution
98
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31.
32
33
34
35
36
37
38
39
40
-5— AB 68
because the amount and nature of the fee have a fair and reasonable
relationship to the environmental, public health, and societal
burdens imposed by the use of single -use carryout bags, and there
is a sufficient nexus between the fees imposed and the use of those
fees to support programs to prevent the litter of single -use carryout
bags, to clean up the litter caused by single -use carryout bags, and
to encourage the reduction of the use of single -use carryout bags.
(m) (1) There is a clear nexus between the type and amount of
the fees imposed pursuant to this act and the environmental, public
health, and societal costs resulting from single -use carryout bags.
(2) It is the intent of the Legislature that the fees that are
imposed pursuant to Section 42281 of the Public Resources Code
be consistent with Sinclair Paint Co. v. State Bd. of Equalizatio.n.
(1997) 15 CalAth 866.
SEC. 2. Chapter 5.3 (commencing with Section 42280) is added
to Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 5.3. SINGLE -USE CARRYOUT BAGS
Article 1. Definitions
81 For purposes of .• ter, the following definitio
shall (a) "Agefley" means the Natufft! apply: .
..
Board. pursuant to Seetion 4228 1.
(d) "Gal EPA" mea-ns the Galifornia Environme
(e) "Fund" means the Bag Pollutiott Fund, established Ptffstt
to -.:: :
4 "Green it ,.- ..-
fbilowing requiremeittst.
-: ::- :: ;
-:.
(B) is aeeepted in ettrbside reeyeling programs se ;
.. pereent oFhottseholds in the state.
98
AB 68 —6—
1 (G) is eapable of eomposting within 180 days, as –detertnined
2 by
3 "Green
b'
4 «
5
6 .
7 «
8 4taf is provided by a store to a ettstornef a+ the point of sale tin
9 biodegrada-ble" or
10 " eartyottt bag meeting
11 in Seetior 24 -5-
12 (a) `Bag Pollution Cleanup Fee " means the fee imposed
13 pursuant to Section 42281.
14 �) `Boars'" means the Cal jornia Integrated YYaste
15 Management Board.
16 (c) "Compostable carryout bag" means a carryout bag provided
17 by a store to a customer at point of sale that meets both of the
18 following requirements:
19 (1) Is derived from 100 percent biobased sources containing
20 no products derived from genetically modified feedstocks.
21 (2) Meets the American Society for Testing and Materials
22 (ASTM) Standard Specification for Compostable Plastics as
23 specified in subparagraph (A) of paragraph (1) of subdivision (b)
24 of Section 42356.
25 (d) "Fund" means the Bag Pollution Fund established pursuant
26 to subdivision (a) of Section 42285.
27 (e) "Paper carryout bag" means a carryout bag provided by a
28 store to a customer at point of sale that meets all of the following
29 requirements:
30 (1) Contains no old - growth fiber.
31 (2) Is 100 percent recyclable.
32 (3) Contains a minimum of 40 percent posteonsumer recycled
33 content.
34 (f) "Plastic carryout bag " means a plastic bag designed for
35 single use that is provided by a store to a customer at the point of
36 sale.
37 (g) "Reusable bag" means a bag that is made of cloth or other
38 machine washable fabric that is specifically designed and
39 manufactured for multiple reuse.
40
98
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-7— AB 68
(h) "State board" means the State Board of Equalization.
e
(i) "Store" means a retail establishment that provides silag-le -use
effryout bags of gfeen paper, compostable, or plastic carryout
bags to its customers as a result of the sale of a product and that
meets any of the following requirements:
(1) Meets the definition of a "supermarket" in Section 14526.5.
(2) Has over 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley -Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of
Division 2 of the Revenue and Taxation Code) and has a pharmacy
licensed pursuant to Chapter 9 (commencing with Section 4000)
of Division 2 of the Business and Professions Code.
(3) 1s a chain convenience food store or foodmart primarily
engaged in retailing a limited line of goods that generally includes
milk, bread, soda, and snacks, and has a totals cumulative
square footage of 10,000 square feet or more.
Article 2. Bag Pollution Cleanup Fee
42281. (a) Except as provided in Section 42283, on and after
July 1, 2010, a store shall not provide a single -use carryout bag;
n,., ddi g a green eafryotwbagT to a customer at the -point of sale,
unless the store charges the customer not less than twenty -five
cents ($0.25) per bag.
(b) A store shall only distribute reusable bags, or single -use
carryout bags that are paper; compostable, or plastic carryout
bars.
f
(c) The amount charged pursuant to paragraph (I j4 subdivision
(a) shall not be subject to sales tax, shall be separately stated on
the receipt provided to the customer at the time of sale, and shall
be identified as the Bag Pollution Cleanup Fee.
(d) (1) A store charging a fee pursuant to subdivision (a) may
retain a portion of the fee, as specified in paragraph (2), in an
amount necessary to reimburse the store's costs associated with
complying with this chapter, in accordance with Section 42284.5.
The store shall remit the remainder of the fee to the state board
pursuant to Section 42284.
98
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
—8
(2) A store may retain not more
than five cents ($0.05) of the fee for eachk' -ttge plastic or
compostable carryout
bag. A store
may retain not more than ten cents ($0.10) of the fee for each bag.
(B) 9n and after january 1, -2013, a store may retain att amotmt
established by the department, based on the department's
determination of the eosts of eomplying with Seetiotl 4-2-284.5.
01}
(e) Any other transaction fee charged by a store in relation to
providing a single -use carryout bag shall be identified separately
from the Bag Pollution Cleanup Fee.
42283. The fee imposed pursuant to Section 42281 shall not
be charged to either of the following:
(a) A customer participating in the California Special
Supplemental Food Program for Women, Infants, and Children
(Article 2 (commencing with Section 123275) of Chapter 1 of Part
2 of Division 106 of the Health and Safety Code).
(b) A customer participating in the State Department of Social
Services Food Stamp Program.
42284. A store that collects the Bag Pollution Cleanup Fee
pursuant to Section 42281 shall calculate the amount of money
collected and, after deducting the amount specified in subdivision
(c) of Section 42281, shall, in accordance with Section 42288,
remit the remainder to the state board for deposit into the fund.
42284.5. A store charging a fee pursuant to Section 42281 shall
use the amount of the fee retained pursuant to subdivision (c) of
Section 42281 for all of the following:
(a) Reimbursement of the store's costs associated with the
collection and remittance of the fee pursuant to Sections 42281
and 42284.
(b) The development of in -store educational materials for
distribution to customers encouraging the use of reusable bags.
(c) The development and implementation of an educational
campaign encouraging the use of reusable bags, including, but not
limited to, public service announcements.
(d) Reimbursement of the store's costs associated with providing
reusable bags to customers participating in programs described in
subdivisions (a) and (b) of Section 42283.
98
9— AB 68
1 (e) Reimbursement of the store's costs associated with providing
2 reusable bags as donations to community organizations, nonprofit
3 organizations, and other similar entities.
4 (f) Reimbursement of the store's costs associated with the trse
5 purchase of-4ng4e -use plastic, compostable, and paper carryout
6 bags.
7 42285. (a) The Bag Pollution Fund is hereby established in
8 the State Treasury. All fees collected by the state board pursuant
9 to this chapter shall be deposited in the fund.
10 (b) The moneys in the fund shall be expended, upon
11 appropriation by the Legislature in the annual Budget Act, in the
12 manner and in the order of priority as follows:
13 (1) (A) By the board, 80 percent of the moneys in the fund, for
14 grants to cities and counties, on a per capita basis, for the following
15 purposes:
16 (1) Establishing and maintaining local programs to control
17 pollution from single -use carryout bags, including those programs
18 in partnership with nonprofit community -based organizations, for
19 purposes of litter cleanup activities.
20 (ii) Source reduction efforts to help implement zero waste
21 programs, litter prevention programs, and litter prevention
22 education and outreach programs related to single -use carryout
23 bags.
24 (iii) Mitigation projects relating to stormwater pollution caused
25 by single use carryout bag, including devices to prevent single -use
26 carryout bag litter from entering storm drain systems.
27 (iv) Reusable bag giveaway programs, including those targeting
28 low - income residents.
29 (B) Except as provided in subparagraph (C), the amount for
30 which a city or a county is eligible shall be based on the total
31 population of the incorporated area of the city or the total
32 unincorporated area of the county, whichever is applicable.
33 (C) If a city or county prohibits the use of all single -use carryout
34 bags, including -green plastic, paper; and compostable carryout
35 bags, and no fees are collected pursuant to Section 42281 within
36 that jurisdiction, that city or county shall not be eligible for grant
37 funds pursuant to this paragraph.
38 (2) No more than4 3 percent of the funds shall be expended by
39 the state board, to reimburse the state board's costs of administering
40 Section 42288.
98
AB 68
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
10
(3) No more thanes 3 percent shall be expended by the age33ey
and the —fat , board for purposes of administering the
requirements of this chapter.
(4) The remainder of the moneys in the funds shall be allocated
on an equal basis to the board
the State Water Resources Control Board the Department of Toxic
Substances Control, and the Ocean Protection Council for the
purposes of- Seet}en Sections 42287 and 42287.1.
(c) The revenue from the Bag Pollution Cleanup Fund for the
purposes of this section shall not be expended on activities
unrelated to the prevention or reduction ofsingle -use bagpollution
pursuant to Sinclair Paint Co. v. State Bd. of Equalization (199 7)
15 Cal.4th 866.
42286. (a) The Legislature finds and declares that imposing
a single -use carryout bag fee upon a store is a matter of statewide
interest and concern.
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to impose a single -use
carryout bag fee upon a store that is itt eoWlianee wifth. subject to
this chapter.
(c) This chapter does not preempt a city or county from
prohibiting the use, import, sale, or distribution of any plastic,
paper, or compostable carryout bag.
Article 3. Program and Report
42287. The board shall, in consultation with ` al-E41A the
Ocean Protection Council, the State Water Resources Control
Board, and the Department of Toxic Substances Control, develop
and implement programs to encourage and support pollution
prevention, abatement, cleanup, enforcement, green chemistry
and product design, water quality protection and cleanup, and
environmental and public education and outreach related to the
use of single -use carryout bags.
42287.1. On or before January 1,-201-2; t13e— bsard, ir2
eansultation with Gal EP A7, 2013, the board shall submit a report
to the Legislature regarding the effectiveness of this chapter, the
report shall also include recommendations to further encourage
the use of reusable bags by consumers and retailers and to reduce
98
0
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-11— AB 68
the consumption of single -use bags, including at a minimum, both
of the following:
(a) Expanding the definition of stores that are subject to this
chapter to all other stores and retail establishments distributing
single -use bags, including the retail establishments specified in
subdivision (b) of Section 42251.
(b) Increasing the fee imposed pursuant to Section 42281,
including necessary adjustments for inflation, to increase the
effectiveness of this chapter.
Article 4. Administration and Enforcement
42288. (a) The state board shall administer and collect the Bag
Pollution Cleanup Fee pursuant to the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of
the Revenue and Taxation Code).
(b) The state board may adopt rules and regulations to carry out
this article, including, but not limited to, provisions governing
collections, reporting, refunds, and appeals.
(c) The Bag Pollution Cleanup Fee shall be due and payable
quarterly on or before the 25th day of the month following each
calendar quarter. Payments shall be accompanied by a form, as
prescribed by the state board. including. but not limited to.
electronic media.
(d) The state board may require the payment of the fee for other
than quarterly periods.
42288.5. Except as otherwise provided by this chapter, the
aftel board shall administer and enforce this chanter.
62
98
AMENDED IN ASSEMBLY MARCH 18, 2009
CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION
ASSEMBLY BILL No. 87
`1+
Introduced by Assembly Member Davis
(Coauthors: Assembly Members Blumenfield, Chesbro, De Leon, and
Nava)
January 5, 2009
An act to amend Sections 42250, 42251, 42252, 42253, and 42254
of, to amend the heading of Chapter 5.1 (commencing with Section
42250) of Part 3 of Division 30 of, to add Sections 42252.5 and 42252.7
to, and to repeal and add Sections 42256 and 42257 of, the Public
Resources Code, relating to single -use carryout bags.
LEGISLATIVE COUNSEL'S DIGEST
AB 87, as amended, Davis. Single -use carryout bags: environmental
effects: mitigation.
Existing law requires, until January 1, 2013, an operator of a store,
as defined, to establish an at -store recycling program that provides to
customers the opportunity to return clean plastic carryout bags to that
store. Existing law imposes various requirements on at -store recycling
programs, including requiring a store to maintain records describing
the collection, transport, and recycling of plastic carryout bags collected
by the sure.
Existing "law also requires, until January 1, 2013, the manufacturer
of plastic carryout bags to develop educational materials to encourage
the reducing, reusing, and recycling of plastic bags and make those
materials available to stores required to comply with the program.
This bill would instead prohibit, on and after July 1, 2010, a store, as
defined, from providing a single -use carryout bag, including a green
98
AB 87 —2—
carryout bag, to a customer unless the store charges a fee of not less
than $0.25 per bag at the point of sale. The bill would exempt certain
customers from paying the fee. The bill would establish the Bag
Pollution Fund in the State Treasury and, by January 31, 2011, would
require a store that collects the single -use carryout bag fees to remit the
fees, less a specified amount to be used as required, to the State Board
of Equalization for deposit in that fund, and do so on a quarterly basis
thereafter.
This bill would instead require the manufacturer of a single -use
carryout bag to develop educational materials to encourage the reducing,
reusing, and recycling of single -use bags and make those materials
available to stores required to comply with the program.
The bill would require moneys in the fund, upon appropriation by the
Legislature, to be expended by thef'r Integrated Waste Management
Board as specified, including, but not limited to, administrative costs,
developing and implementing programs to encourage and support
mitigating the environmental effects of single -use carryout bags, and
payments to cities and counties for activities to reduce and prevent
single -use carryout bag litter and the environmental impacts of
single -use carryout bags.
The bill would require the board to administer and enforce the
single -use carryout bag provisions and would require the State Board
of F_.qualization to administer and collect the fees imposed on those
bags. The bill would require the board to submit a biennial report to
the T=egislative the boaf Legislature, in coordination with other state
agencies and stakeholders, on the effectiveness of the program and
recommendations to further encourage the use of reusable bags.
Vote: majority. Appropriation: no. Fiscal committee: yes,
State - mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Single -use carryout bags that are provided by stores impose
4 hidden costs on consumers, local governments, the state, taxpayers,
5 and the environment.
6 (b) Litter from plastic carryout bags poses a significant burden
7 to California's economy and a serious threat to the marine
8 ecosystem. It is estimated that Californians consume 19 billion
98
-3— AB 87
1 plastic carryout bags per year. However, according to the California
2 Integrated Waste Management Board, the recycling rate for these
3 bags is less than 5 percent. Public agencies in California also spend
4 more than three hundred seventy -five million dollars
5 ($375,000,000) annually in litter cleanup, and plastic carryout bags
6 contribute disproportionately to the litter stream.
7 (c) Despite past efforts to control marine debris, the quantity of
8 trash in the coastal and ocean environment is increasing
9 dramatically worldwide. It is estimated that 60 to 80 percent of all
10 marine debris, and 90 percent of floating debris is plastic. It may
I1 take hundreds of years for this plastic to break down and some
12 plastics never truly biodegrade in the marine environment. Streams
13 and storm drains carry plastic bags to the ocean where they are
1.4 frequently mistaken as food by marine life. Over 267 species
15 worldwide have been impacted by plastic litter such as plastic bags
16 through entanglement or ingestion.
1.7 (d) On February 8, 2007, the California Ocean Protection
18 Council adopted a comprehensive resolution on marine debris
19 calling for statewide action targeting the reduction of single -use
20 plastic packaging, including plastic carryout bags. The council
21 adopted an implementation strategy for this resolution, which in
22 part calls for instituting a statewide fee on single -use plastic grocery
23 bags, with the collected fees utilized to help fund litter abatement
24 and stormwater capture, and reduce the incidence of litter.
25 (e) Over 15 countries and over 40 U.S. states and cities have
26 either taken action or have proposed to take action on plastic
27 carryout bags in the form of bans or point -of- purchase fees.
28 (f) While paper bags are recyclable and degrade in the
29 environment, they are not an acceptable alternative to plastic since
30 the production and transport of paper bags leads to significantly
31 greater water pollution and air emissions, including greenhouse
32 gas emissions.
33 (g) Carryout bags marketed as "biodegradable" or
34 "compostable" are also not a viable alternative because these bags
35 have not proven to biodegrade in the marine environment, are only
36 able to biodegrade _under specific conditions found in certain
37 industrial composting facilities that are not widely available
38 throughout the state, and will not reduce the litter problem since
39 they have the same characteristics as plastic bags.
98
3
4
5
6
7
8
9
10
11
1.2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
4—
(h) It is the intent of the Legislature to encourage the use of
reusable bags by consumers to reduce the consumption of
single -use bags, such as conventional plastic, paper, and
biodegradable or compostable plastic bags.
(1) The fees imposed pursuant to Section 42252.5 of the Public
Resources Code will mitigate the environmental, public health,
and other public- financed impacts caused by the use of single -use
bags by offsetting the costs of programs to prevent and reduce the
littering and environmental impacts of single -use carryout bags
and encouraging the reduction of the use of single -use carryout
bags.
0) Requiring stores to end the subsidy of single -use carryout
bags and charge their full economic and environmental costs will
provide consumers with an appropriate market signal to make
informed decisions regarding carryout bag reduction and reuse
options.
(k) Requiring stores to charge and remit a fee for the distribution
of single -use carryout bags will help the state and local
governments to offset the environmental and social costs of
single -use carryout bags.
(0 The imposition of the fee pursuant to Section 42252.5 of the
Public Resources Code would not result in the imposition of a tax
within the meaning of Article XIII A of the California Constitution
because the amount and nature of the fee have a fair and reasonable
relationship to the environmental, public health, and societal
burdens imposed by the use of single -use carryout bags, and there .
is a sufficient nexus between the fees imposed and the use of those
fees to support programs to prevent the litter of single -use carryout
bags, reduce the environmental impacts of single -use carryout
bags, and encourage the reduction of the use of single -use carryout
bags.
(m) (1) There is a clear nexus between the type and amount of
the fees imposed pursuant to this act and the environmental, public
health, and societal costs resulting from single -use carryout bags.
(2) It is the intent of the Legislature that the fees that are
imposed pursuant to Section 42252.5 of the Public Resources Code
be consistent with Sinclair Paint Co. v. State Bd. of Equalization
(1997) 15 CalAth 866.
98
-5— AB 87
1 SEC. 2. The heading of Chapter 5.1 (commencing with Section
2 42250) of Part 3 of Division 30 of the Public Resources Code is
3 amended to read:
4
5 CHAPTER 5.1. SINGLE -USE CARRYOUT BAGS
6
7 SEC. 3. Section 42250 of the Public Resources Code is
8 amended to read:
9 42250. For purposes of this chapter, the following definitions
10 shall apply:
11 (a) "Biodegradable or compostable bag" means a carryout bag
12 provided by a store to a customer at the point of sale that is certified
13 and labeled as meeting the current American Society for Testing
14 and Materials (ASTM) Standard Specification pursuant to Chapter
15 5.7 (commencing with Section 42355).
16 (b) (1) "Green carryout bag" means a single -use carryout bag
17 that is provided by a store to a customer at the point of sale and
18 meets all of the following requirements:
19 (A) Is composed of at least 40 percent post- consumer recycled
20 content material.
21 (B) Is accepted in curbside recycling programs serving at least
22 80 percent of households in the state.
23 (C) Is capable of composting within 180 days, as determined
24 by the board.
25 (2) "Green carryout bag" does not include a reusable bag.
26 (c) "Manufacturer" means the producer of a single -use carryout
27 bag sold to a store.
28 (d) "Operator" means a person in control of, or having daily
29 responsibility for, the daily operation of a store, which may include,
30 but is riot limited to, the owner of the store.
31 (e) "Paper carryout bag" means a paper carryout bag provided
32 by a store to a customer at the point of sale that is not a reusable
33 bag as defined in subdivision (g).
34 (f) "Plastic carryout bag' means a plastic carryout bag provided
35 by a store to a customer at the point of sale that is not a reusable
36 bag as defined in subdivision (g).
37 (g) "Reusable bag' means either of the following:
38 (1) A bag made of cloth or other machine washable fabric that
39 has handles.
98
AB 87 —6
1 (2) A durable plastic bag with handles that is at least 2.25 mils
2 thick and is specifically designed and manufactured for multiple
3 reuse.
4 (h) "Single -use carryout bag" means a carryout bag provided.
5 by the store to a customer at the point of sale that is not a reusable
6 bag as defined in subdivision (g), and includes biodegradable or
7 compostable bags.
8 (i) "Store" means a retail establishment that provides single -use
9 carryout bags to its customers as a result of the sale of a product
10 and that meets any of the following requirements:
I 1 (1) Meets the definition of a "supermarket" as found in Section
12 14526.5.
13 (2) Has over 10,000 square feet of retail space that generates
14 sales or use tax pursuant to the Bradley -Burns Uniform Local Sales
15 and Use Tax Law (Part 1.5 (commencing with Section 7200) of
16 Division 2 of the Revenue and Taxation Code) and has a pharmacy
17 licensed pursuant to Chapter 9 (commencing with Section 4000)
18 of Division 2 of the Business and Professions Code.
19 (3) Is a chain of convenience food stores primarily engaged in
20 retailing a limited line of goods that includes milk, bread, soda,
21 and snacks, with a total combined square footage of 10,000 square
22 feet or more within the state.
23 SEC. 4, Section 42251 of the Public Resources Code is
24 amended to read:
25 42251. (a) The operator of a store that provides plastic carryout
26 bags to customers shall establish an at -store plastic carryout bag
27 recycling program pursuant to this chapter that provides an
28 opportunity for a customer of the store to return to the store clean
29 plastic carryout bags.
30 (b) A retail establishment that does not meet the definition of a
31 store, as specified in Section 42250, and that provides plastic
32 carryout bags to customers at the point of sale may also adopt an
33 at -store recycling program, as specified in this chapter.
34 SEC. 5. Section 42252 of the Public Resources Code is
35 amended to read:
36 42252. An at -store plastic carryout bag recycling program
37 provided by the operator of a store shall include all of the
38 following:
39 (a) A plastic carryout bag provided by the store shall have
40 printed or displayed on the bag, in a manner visible to a consumer,
98
7— AB 87
1 the words "PLEASE RETURN TO A PARTICIPATING STORE
2 FOR RECYCLING."
3 (b) A plastic carryout bag collection bin shall be placed at each
4 store and shall be visible, easily accessible to the consumer, and
5 clearly marked that the collection bin is available for the purpose
6 of collecting and recycling plastic carryout bags.
7 (c) All plastic bags collected by the store shall be collected,
8 transported, and recycled in a manner that does not conflict with
9 the local jurisdiction's source reduction and recycling element,
10 pursuant to Chapter 2 (commencing with Section 41000) and
11 Chapter 3 (commencing with Section 41300) of Part 2.
12 (d) The store shall maintain records describing the collection,
13 transport, and recycling of plastic bags collected for a minimum
1.4 of three years and shall make the records available to the board or
15 the local jurisdiction, upon request, to demonstrate compliance
16 with this chapter.
17 (e) The operator of a store shall make reusable bags available
18 to customers within the store, which may be purchased and used
19 in lieu of using a single -use carryout bag. This subdivision is not
20 applicable to a retail establishment specified pursuant to
21 subdivision (b) of Section 42251.
22 SEC. 6. Section 42252.5 is added to the Public Resources Code,
23 to read:
24 42252.5. (a) Except as provided in subdivision (f), on and after
25 July 1, 2010, a store shall not provide a single -use carryout bag,
26 including a green carryout bag, to a customer at the point of sale,
27 unless the store charges the customer not less than twenty -five
28 cents ($0.25) per bag.
29 (b) The amount charged pursuant to subdivision (a) shall not
30 be subject to sales tax, shall be separately stated on the receipt
31 provided to the customer at the time of sale, and shall be identified
32 as the Bag Pollution Cleanup Fee.
33 (c) (1) A store charging a fee pursuant to subdivision (a) may
34 retain a portion of the fee, as specified in subdivision (d). The store
35 shall remit the remainder of the fee to the State Board of
36 Equalization pursuant to Section 42252.7.
37 (2) A store shall coordinate with its host jurisdiction in
38 expending any revenue retained pursuant to this subdivision.
39 (3) A store shall not retain more than five cents ($0.05) of the
40 fee for each single -use carryout bag that is not a green carryout
98
AB 87 —8—
1 bag. For a single -use carryout bag that is a green carryout bag, a
2 store shall not retain more than seven cents ($0.07) of the fee for
3 each bag.
4 (d) A store charging a fee pursuant to this section shall use the
5 amount of the fee retained pursuant to subdivision (c) for all of
6 the following:
7 (1) Reimbursement of the store's costs associated with the
8 collection and remittance of the fee.
9 (2) The development of in -store educational materials for
10 distribution to customers encouraging the use of reusable bags.
11 (3) The development and implementation of an educational
12 campaign encouraging the use of reusable bags, including, but not
13 limited to, public service announcements.
14 (4) Reimbursement of the store's costs associated with providing
15 reusable bags to customers or as donations to community
16 organizations, nonprofit organizations, and other similar entities.
17 (5) Reimbursement of the store's costs associated with the
18 purchase of single -use carryout bags.
19 (e) Any other transaction fee charged by a store in relation to
20 providing a single -use carryout bag shall be identified separately
21 from the Bag Pollution Cleanup Fee.
22 (f) The fee imposed pursuant to this section shall not be charged
23 to either of the following:
24 (1) A customer participating in the California Special
25 Supplemental Food Program for Women, Infants, and Children
26 (Article 2 (commencing with Section 123275) of Chapter 1 of Part
27 2 of Division 106 of the Health and Safety Code).
28 (2) A customer participating in the State Department of Social
29 Services Food Stamp Program.
30 SEC. 7. Section 42252.7 is added to the Public Resources Code,
31 to read:
32 42252.7. (a) The Bag Pollution Fund is hereby established in
33 the State Treasury. All fees collected by the State Board of
34 Equalization pursuant to this chapter shall be deposited in the fund.
35 By January 31, 2011, and quarterly thereafter, a store that collects
36 the Bag Pollution Cleanup Fee pursuant to subdivision (a) of
37 Section 42252.5 shall calculate the amount of moneys collected
38 and shall remit the moneys to the State Board of Equalization for
39 deposit into the Bag Pollution Fund, less funds retained by the
40 store pursuant to subdivision (c) of Section 42252.5.
98
-9— AB 87
1 (b) The moneys in the Bag Pollution Fund shall be expended
2 by the board, upon appropriation by the Legislature, for the
3 following purposes:
4 (1) The board shall expend no more than 3 percent of the
5 revenue deposited into the Bag Pollution Fund for reimbursement
6 of the board's costs for administration, collection, enforcement,
7 and auditing requirements associated with this chapter, as well as
8 making refunds associated with the chapter.
9 (2) The board shall, in consultation with the California
10 Environmental Protection Agency, the State Water Resources
11 Control Board, and the Department of Toxic Substances Control,
12 expend no more than 5 percent of the revenue deposited into the
13 Bag Pollution Fund to develop and implement programs related
14 to the use of single -use carryout bags to encourage and support
15 pollution prevention, abatement and cleanup, enforcement, green
16 chemistry, water quality protection and cleanup, and environmental
17 and public education and outreach.
18 (3) The board shall expend the remaining moneys for payments
19 to counties and cities, on a per capita basis, for the following
20 activities to prevent and reduce the litter and environmental impacts
21 of single -use carryout bags:
22 (A) To establish and maintain local programs, including those
23 in partnership with nonprofit community -based organizations, for
24 purposes of litter cleanup activities, source reduction and recycling
25 efforts, educational and litter prevention programs, and other
26 programs to mitigate the environmental impacts of single -use
27 carryout bags.
28 (B) Mitigation projects relating to stormwater pollution,
29 including devices to prevent single -use carryout bag litter from
30 entering storm drain systems.
31 (C) Reusable bag giveaway programs, including those targeting
32 low- income residents.
33 (c) To receive these funds, a city, county, or city and county
34 shall fill out and return a funding request form to the board. The
35 form shall specify the activities to prevent and reduce the litter
36 and environmental impacts of single -use carryout bags for which
37 the funds will be used. Jurisdictions may also jointly fill out a
38 funding request for the purposes of pooling their funds.
39 (d) The board shall annually prepare and distribute a funding
40 request form to each city, county, or city and county. The form
98
AB 87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
7R
29
30
31
32
33
344
35
36
37
38
10—
shall specify the amount of funds for which the jurisdiction is
eligible. The form shall not exceed four double -sided pages in
length, and may be submitted electronically. If a city, county, or
city and county submits the funding request form and the board
deems that the proposed projects meet the funding purposes
specified in subdivision (b), the board shall distribute the funds
on a per capita basis as defined in subdivision (e). If a city, county,
or city and county does not return the funding request form within
120 days of receipt of the form from the board, the city, county,
or city and county is not eligible to receive the funds for that
funding cycle.
(e) For the purposes of this section, per capita population shall
be based on the total population of the incorporated area of a city
and the unincorporated area of a county.
(f) The revenues deposited in the Bag Pollution Fund that are
generated from the fee imposed pursuant to this chapter shall not
be expended for activities unrelated to the prevention or reduction
of litter or the environmental impacts of single -use carryout bags.
(g) If a city, county, or city and county prohibits the use of all
single -use carryout bags, including green carryout bags, and no
fees are collected pursuant to Section 42252.5 within that
jurisdiction, that city, county, or city and county shall not be
eligible for grant finds pursuant to this section.
SEC. 8. Section 42253 of the Public Resources Code is
amended to read:
42253. The manufacturer of a single -use carryout bag shall
develop educational materials to encourage the reducing, reusing,
and reevriirig single -use crarrvn»t hacsc and shall make those
materials available to stores required to comply with this chapter.
SEC. 9. Section 42254 of the Public Resources Code is
amended to read:
42254. (a) The Legislature finds and declares that all of these
are matters of statewide interest and concern:
(1) Requiring a store to collect, transport, or recycle plastic
carryout bags.
(2) Imposing a plastic carryout bag fee upon a store.
(3) Requiring a store to conduct auditing or reporting with regard
to plastic carryout bags.
98
1
2
3
4
5
6
7
8
9
10
1.1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31.
32
33
34
35
36
37
38
39
11— AB 87
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the following:
(1) Require a store that is in compliance with this chapter to
collect, transport, or recycle plastic carryout bags.
(2) Impose a single -use carryout bag fee upon a store that is in
compliance with this chapter.
(3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
(c) This section does not prohibit the adoption, implementation,
or enforcement of any local ordinance, resolution, regulation, or
rule governing curbside or drop off recycling programs operated
by, or pursuant to a contract with, a city, county, or other public
agency, including any action relating to fees for these programs.
(d) This section does not affect any contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.
SEC. 10. Section 42256 of the Public Resources Code is
repealed.
SEC. 11. Section 42256 is added to the Public Resources Code,
to read:
42256. On orhefore Tan��ary 1, 2012, andhiPnninllvthPrPaftPr
the board, in coordination with the State Water Resources Control
Board, the State Air Resources Board, the regional water quality
control boards and stakeholders, shall submit a report to the
Legislature regarding the effectiveness of this chapter. The report
shall also include recommendations to further encourage the use
of reusable bags by consumers and retailers and to reduce the
consumption of single -use carryout bags, including, at a minimum,
the following:
(a) Expanding the definition of stores that are subject to this
chapter to all other stores and retail establishments distributing
single -use carryout bags, including the retail establishments
specified pursuant to subdivision (b) of Section 42251.
(b) Increasing the fee imposed pursuant to Section 42252.5 to
increase this chapter's effectiveness.
SEC. 12. Section 42257 of the Public Resources Code is
repealed.
98
AB 87 — 12 —
1 SEC. 13. Section 42257 is added to the Public Resources Code,
2 to read:
3 42257. (a) Except as otherwise provided by this chapter, the
4 board shall administer and enforce this chapter.
5 (b) The State Board of Equalization shall administer and collect
6 the Bag Pollution Cleanup Fee pursuant to the Fee Collection
7 Procedures Law (Part 30 (commencing with Section 55001) of
8 Division 2 of the Revenue and Taxation Code).
9 (c) The State Board of Equalization may adopt rules and
10 regulations to carry out this chapter, including, but not limited to,
11 provisions governing collections, reporting, refunds, and appeals.
12 (d) (1) The Bag Pollution Cleanup Fee shall be due and payable
13 quarterly on or before the 25th day of the month following each
14 calendar quarter.
15 (2) Payments shall be accompanied by a form, as prescribed by
16 the State Board of Equalization, including, but not limited to,
17 electronic media.
18 (e) The State Board of Equalization may require the payment
19 of the fee for other than quarterly periods.
X
98
1141
CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION
ASSEMBLY BILL No. 1141
Introduced by Assembly Member Charles Calderon
February 27, 2009
An act to amend Sections 42250, 42253, and 42254 of, to amend and
renumber Section 42257 of, to repeal. Section 42256 of, and to add
Sections 42258, 42259, 42260, 42261, and 42262 to, the Public
Resources Code, relating to carryout bags.
LEGISLATIVE COUNSEL'S DIGEST
AB 1141, as introduced, Charles Calderon. Carryout bags.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
among other things, until January 1, 2013, requires the operator of a
store, as defined, to establish an at -store recycling program that provides
an opportunity for a customer of the store to return to the store clean
plastic carryout bags, as defined. The act imposes requirements for that
program. The act includes legislative findings and declarations that
certain matters concerning plastic carryout bags are matters of statewide
interest and concern and generally prohibits a city, county, or other
public agency from adopting, implementing, or enforcing specified
related ordinances, resolutions, regulations, or rules, unless otherwise
authorized.
This bill would extend the provisions regarding the at -store recycli,,g
program for plastic carryout bags until January 1, 2017, and define the
term "single use carryout bag" for those purposes.
The bill would require a manufacturer or distributor who sells a plastic
carryout bag to a store to make arrangements with the operator, upon
the operator's request, for the collection, transport, and recycling of
99
AB 1141 —2—
plastic carryout bags and other film plastic collected consistent with
the program.
The bill would revise the legislative findings and declarations of
statewide interest and concern, and related prohibition upon local action,
to refer to single use carryout bags, rather than plastic carryout bags,
and additionally would prohibit a city, county, or other public agency
from adopting, implementing, or enforcing an ordinance, resolution,
regulation, or rule that prohibits the use, import, sale, or distribution of
a single use carryout bag.
The bill would require the board to establish a 50% single use carryout
bag waste reduction goal by 2014, using 2010 as an initial baseline, to
reduce empty single use carryout bags going to landfill or becoming
litter. The bill would require the board and others to work to increase
the availability of plastic bag recycling and collection programs in areas
throughout the state.
The bill would require, on and after July 1, 2011, a manufacturer or
distributor of a single use carryout bag to pay a single use bag extended
producer responsibility fee, in an undetermined amount, for each single
use carryout bag that it sells directly or indirectly to a store. The bill
would prohibit the total fees collected annually from exceeding the total
annual costs to the state of administering and implementing certain
actions related to single use carryout bags, and from exceeding
$25,000,000 annually. The bill would require the fee revenue to be
expended, upon appropriation by the Legislature, for collecting and
processing the fee and administering and implementing certain actions
related to single use carryout bags. The bill would require the board to
convene an advisory panel to provide guidance and assist the board in
determining how the fee revenue should be distributed.
The bill would require every plastic carryout bag sold or supplied to
a store in the state and provided to a consumer to contain specified
percentages of recycled material beginning on July 1, 2011, with the
amount increasing on July 1, 2013, and July 1, 2014. The bill would
require a single use carryout bag provided to a consumer on and after
July 15 2011, to have printed on it a specified statement concerning
recycled content. If a manufacturer is unable to obtain sufficient amounts
of recycled post consumer material, the bill would authorize the board
to grant the manufacturer an exemption.
The bill would require manufacturers to obtain specified information
from their suppliers of recycled post consumer material for use in the
manufacture of plastic carryout bags, and, on or before June 30, 2012,
99
— 3 — AB 1141
and annually thereafter, to report to the board specified information
concerning carryout bags.
The bill would require wholesalers and distributors of single use
plastic carryout bags sold in this state, on and after July 1, 2011, to
certify to the board the name and physical location of each manufacturer
from whom it purchased the carryout bags, together with any other
information the board may require.
The bill would require the board, on or before December 31, 2012,
to survey manufacturers and report back to the Legislature on specified
information obtained from those manufacturers.
The bill would require the board to refer specified false or misleading
information to the Attorney General for prosecution for fraud.
The bill would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 42250 of the Public Resources Code is
2 amended to read:
3 42250. For purposes of this chapter, the following definitions
4 shall apply:
5 (a) "Manufacturer" means the producer of a plastic carryout
6 bag sold to a store.
7 (b) "Operator" means a person in control of, or having daily
8 responsibility for, the daily operation of a store, which may include,
9 but is not limited to, the owner of the store.
10 (c) "Plastic carryout bag" means a plastic carryout bag provided
11 by a store to a customer at the point of sale.
12 (d) "Reusable bag" means either of the following:
13 (1) A bag made of cloth or other machine washable fabric that
14 has handles.
15 (2) A durable plastic bag with ,wand's that is at least-2–.25 1.1
16 mils thick, has handles, can carry _15 pounds, and is specifically
17 designed and manufactured for multiple reuse.
18 (e) "Single use carryout bag" means a plastic, paper, or other
19 carryout bag provided by a store to a customer at the point of sale.
20 fa)
99
AB 1141
1.
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
—4—
69 "Store" means a retail establishment that provides plastic
carryout bags to its customers as a result of the sale of a product
and that meets either of the following requirements:
(1) Meet -Meets the definition of a "supermarket" as found in
Section 14526.5.
(2) Has over 10,000 square feet of retail space that generates
sales or use tax pursuant to the Bradley -Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of
Division 2 of the Revenue and Taxation Code) and has a pharmacy
licensed pursuant to Chapter 9 (commencing with Section 4000)
of Division 2 of the Business and Professions Code.
SEC. 2. Section 42253 of the Public Resources Code is
amended to read:
42253. The manufacturer of a plastic carryout bag shall develop
educational materials to encourage the reducing, reusing, and
recycling of plastic bags and shall make those materials available
to stores required to comply with this chapter. A manufacturer° or
distributor who sells a plastic carryout bag to a store subject to
this chapter shall make arrangements with the operator, upon the
operator's request, for the collection, transport, and recycling of
all plastic carryout bags and otherfilm plastic collected consistent
with this chapter. The arrangements may include contracts or
other agreements with third parties.
SEC. 3. Section 42254 of the Public resources Code is
amended to read:
42254. (a) The Legislature finds and declares that all of these
are matters of statewide interest and concern:
(1) Requiring a store to collect, transport, or recycle plastie
single use carryout bags.
(2) Imposing a-plast4e single use carryout bag fee upon a store.
(3) Requiring a store to conduct auditing or reporting with regard
to plastie single use carryout bags.
(b) Unless expressly authorized by this chapter, a city, county,
or other public agency shall not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule to do any of the following:
(1) Require a store that is in compliance with this chapter to
collect, transport, or recycle plastie single use carryout bags.
(2) Impose aplastie single use carryout bag fee upon a store
that is in compliance with this chapter.
99
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
AB 1141
(3) Require auditing or reporting requirements that are in
addition to what is required by subdivision (d) of Section 42252,
upon a store that is in compliance with this chapter.
(4) Prohibit the use, import, sale, or distribution of a single use
carryout bag.
(c) This section does not prohibit the adoption, implementation,
or enforcement of-any a local ordinance, resolution, regulation, or
rule governing curbside or drop off recycling programs operated
by, or pursuant to a contract with, a city, county, or other public
agency, including any action relating to fees for these programs.
(d) This section does not affect -any a contract, franchise, permit,
license, or other arrangement regarding the collection or recycling
of solid waste or household hazardous waste.
SEC. 4. Section 42256 of the Public Resources Code is
repealed.
42-256. This ehaptef shall beeome operative on 4uly 1, .
SEC. 5. Section 42257 of the Public Resources Code is
amended and renumbered to read:
42265. This chapter shall remain in effect only until January
1, 2013 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 201 2017, deletes or
extends that date.
SEC. 6. Section 42258 is added to the Public Resources Code,
to read:
42258. The Legislature finds and declares all of the following:
(a) In order to complement California's existing plastic carryout
bag recycling program, established pursuant to Chapter 845 of the
Statutes of 2006, there is a need to further encourage market
development programs to stimulate a steady demand for this
material.
(b) Minimum recycled content requirements for plastic carryout
bags will help spur domestic markets for collected plastic bags
and film.
(c) Policies developed to reduce plastic bag waste should not
increase the use of alternative single use bags that have been shown
to have a greater life -cycle environmental impact.
(d) California has a unique and critical role in protecting the
Pacific Ocean and preventing marine debris.
99
AB 1141 —6—
1 SEC: 7. Section 42259 is added to the Public Resources Code,
2 to read:
3 42259. The board shall establish a 50 percent single use
4 carryout bag waste reduction goal by 2014 using 2010 as an initial
5 baseline. The goal is to reduce empty single use carryout bags
6 going to a landfill or becoming litter. The goal shall take into
7 account single use carryout bag reduction and reuse of single use
8 carryout bags by consumers for other purposes, provided that it
9 can be clearly demonstrated that the reuse of single use carryout
10 bags avoids the need for the use of additional products, recycling
11 efforts, and recycled content. The board, in conjunction with bag
12 manufacturers, retailers, local governments, recyclers, waste
13 haulers, and end -users of recycled material, shall work to increase
14 the availability of plastic bag recycling and collection programs
15 in areas throughout the state.
16 SEC. 8. Section 42260 is added to the Public Resources Code,
17 to read:
18 42260. (a) On and after July 1, 2011, a manufacturer or
19 distributor of a single use carryout bag shall pay a single use bag
20 extended producer responsibility fee for each single use carryout
21 bag that it sells directly or indirectly to a store.
22 (b) The amount of the fee shall be . The total fees collected
23 annually under this chapter shall not exceed the total administrative
24 annual costs to the state of administering this section and all
25 programs authorized under this chapter, and in no event shall.
26 exceed twenty -five million dollars ($25,000,000) annually.
27 (c) The manufacturer or distributor shall remit the fee directly
28 to the state pursuant to regulations that the board shall establish.
29 The fee revenue shall be expended, upon appropriation by the
30 Legislature in the annual Budget Act or other statute, in the manner
31 and in the order of priority as follows:
32 (1) No more than 5 percent shall be expended by the state for
33 the costs of collecting and processing the fee.
34 (2) An am.ount shall be allocated to the board that the Legislature
35 determines to be necessary to administer and implement this
36 chapter.
37 (3) The remainder, upon appropriation to the board, shall be
38 allocated by the board to state agencies and to cities and counties
39 on a per capita basis, for the following purposes:
99
-7— AB 1141
1 (A) Establishing and maintaining programs to cleanup single
2 use carryout bag litter, including programs in partnership with
3 nonprofit community -based organizations.
4 (B) Litter education and outreach programs related to single use
5 carryout bags.
6 (C) Mitigation projects relating to stormwater pollution caused
7 by single use carryout bags, including devices to prevent single
8 use plastic carryout bag litter from entering storm drain systems.
9 (D) Public education efforts that promote recycling of single
10 use carryout bags.
11 (E) Reusable bag giveaway programs.
12 (F) In conjunction with the advisory panel established pursuant
13 to subdivision (d), the board shall develop a voluntary best
14 practices educational program geared primarily for retailers to use
15 at their discretion, that may help with the efficient use of single
16 use carryout bags by retailers. These best practices
17 recommendations shall be posted on the board's Internet Web site
18 and may include, but are not limited to, the following suggestions
19 or recommendations for use by retail establishments:
20 (i) A single use carryout bag should not be provided to a
21 consumer for a single item.
22 (ii) A consumer purchasing two items should be asked whether
23 he or she needs a single use carryout bag.
24 (iii) No double bagging.
25 (iv) A single use carryout bag should be filled with the
26 maximum item count or weight per bag.
27 (v) A cashier or bagger should remind customers to return plastic
28 carryout bags and other recyclable plastic bags to the store for
29 recycling and point out the location of recycling bins.
30 (vi) A store should strive to ensure that the plastic carryout bag
31 collection bins are highly visible and clearly marked with a single
32 logo approved by the board for all stores in the state.
33 (vii) Stores may allocate space on bags for prominent printed
34 messages to educate, request, and encourage consumers to use
35 plastic carryout bag recycling bins.
36 (d) The board shall convene an advisory panel, appointed by
37 the executive director of the board, to provide guidance and assist
38 the board in determining how the fee revenue should be distributed.
39 The advisory panel shall consist of representatives from the plastic
40 and paper bag manufacturing industry, recyclers, waste haulers,
99
AB 1141
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
—8—
local government, retailers, anti- litter organizations, manufacturers
that utilize recycled plastic film in the manufacturing of recycled
content products, and environmental organizations. Advisory
members shall serve without compensation. Any costs incurred
by the board pursuant to this subdivision shall be funded by
revenue from the fee.
SEC. 9. Section 42261 is added to the Public Resources Code,
to read:
42261. (a) Every plastic carryout bag sold or supplied to a
store in this state shall contain the following percentages of
recycled material:
(1) Plastic carryout bags provided to consumers on and after
July 1, 2011, shall contain at least 20 percent recycled material of
which at least 1.0 percent shall be post consumer.
(2) Plastic carryout bags provided to consumers on and after
July 1, 2013, shall contain at least 25 percent recycled material of
which at least 15 percent shall be post consumer.
(3) Plastic carryout bags provided to consumers on and after
July 1, 2014, shall contain at least 30 percent recycled material of
which at least 20 percent shall be post consumer.
(b) On and after July 1, 2011, all single use carryout bags
provided to consumers shall have printed thereon a statement of
the amount of the recycled content in letters at least half an inch
high using the following words: "This bag is made from_ percent
recycled material of which _ percent is post consumer."
(c) Each manufacturer shall obtain from its suppliers of recycled
post consumer material for use in the manufacture of plastic
carryout bags, a statement identifying the quantity, source location,
proximate prior usage of, and the actual post consumer material
content of; each shipment of recycled post consumer material
purchased by the manufacturer, and any other information that the
board. may, by regulation, require the manufacturer to obtain from
its suppliers, for purposes of inclusion in the annual report required
by Section 42262.
SEC. 10. Section 42262 is added to the Public Resources Code,
to read:
42262. (a) (1) On or before June 30, 2012, and annually
thereafter, each manufacturer subject to this chapter shall submit
a report to the board certifying that it has complied with this chapter
during the preceding 12 months, certifying the name and physical
99
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
9— AB 1141
location of each of its suppliers of recycled post consumer material
for use in the manufacture of plastic carryout bags, and containing
the information obtained pursuant to subdivision (c) of Section
42261 and any other information that the board may require by
regulation. A manufacturer that processes its own recycled post
consumer material shall certify to the board that it is the supplier
of the material.
(2) If a manufacturer subject to this section is unable to obtain
sufficient amounts of recycled post consumer material to comply
with this chapter within a reporting period because of unavailability
or because the available material did not meet recycled post
consumer material quality standards that may be adopted by the
board, the manufacturer shall certify that fact to the board. Price
shall not be a valid basis for that certification. A manufacturer
making that certification shall make reasonable efforts to identify
available supplies of material before submitting the certification
to the board and shall describe all efforts in detail and provide the
board with supporting documentation. The board shall determine
in its discretion whether to grant the manufacturer an exemption
based on the certification. The board shall apply consistent criteria
to manufacturers in granting those exemptions.
(b) On and after July 1, 2011, every wholesaler and distributor
of single use plastic carryout bags sold in this state shall certify to
the board the name and physical location of each manufacturer
from whom it purchased the carryout bags, together with any other
information that the board may require by regulation.
(c) On or before December 31, 2012, the board shall survey
manufacturers subject to this chapter and report back to the
Legislature. The survey shall do all of the following:
(1) Identify, the name and physical location of suppliers certified
by manufacturers pursuant to subdivision (a).
(2) Identify the quantity of recycled post consumer material
provided by suppliers within the state and the quantity of recycled
post consumer material provided by suppliers outside the state.
(3) Provide recommendations regarding recycled post consumer
material content requirements based on the availability of that
material.
(d) Each recycler, supplier, manufacturer, wholesaler, and
distributor required to provide a report, certification, or any
information pursuant to this chapter is subject to audit by the board.
99
AB 1141 —10
1 (e) (1) If a recycler or supplier provides a manufacturer with
2 false or misleading certification or other information regarding
3 recycled material, the board, within 30 days of determining that
4 fact, shall refer the false or misleading information to the Attorney
5 General for prosecution for fraud.
6 (2) If a manufacturer, wholesaler, or distributor provides the
7 board with a false or misleading certification or other information,
8 the board, within 30 days of determining that fact, shall refer the
9 false or misleading certification or information to the Attorney
10 General for prosecution for fraud.
11 (e) If a manufacturer places false or misleading information
12 regarding recycled content on a single use plastic carryout bag,
13 including the statement required by subdivision (b) of Section
14 42261, the board, within 30 days of determining that fact, shall
15 refer the false or misleading information to the Attorney General
16 for prosecution for fraud, and those bags shall be subject to seizure
17 and forfeiture without compensation.
ME
99
7
A A ,
,C:\Amy\AMY\WORD \Reports \Council Reports \Single Use Plastic Bags.doc
April 15, 2009
The Honorable Julia Brownley
California State Assembly, District 41
State Capitol Building, Room 2163
Sacramento, CA 95814
RE: AB 68 (Brownley), Single -Use Carryout Bags
Dear Assembly Member Brownley:
On behalf of the City of Baldwin Park, we are pleased to inform you that the City has taken
a position of `Support if Amended' on your measure, AB 68 as amended on March 31,
2009.
Primarily, AB 68 creates a new fee of $0.25 on single -use carryout bags in California as
well as creates a new Bag Pollution Fund to provide moneys for programs to address the
mitigation of single -use carryout bags.
While the City supports in concept legislation that charges a fee for single -sue carryout
bags at the point of sale, We still have several concerns:
(1) We believe that all consumers should be encouraged to recycle and use reusable bags
when shopping.
(2) We believe that the funds generated from the fee should also be utilized to address
recycling and litter abatement programs for existing and new bags that enter the solid
waste system.
(3) We would like to see a CEQA exemption for cities that ban single -use carryout bags in
their communities.
(4) We would like to see the limits on cities that ban plastic bags under this bill be
removed.
For these reasons, the City of Baldwin Park supports if amended AB 68. If you have any
questions about our position, please contact Vijay Singhal, CEO at (626) 813 -5204.
Sincerely,
Manuel Lozano
Mayor
Anthony J. Bejarano
Councilmember
Monica Garcia
Mayor Pro Tern
Marlen Garcia Ricardo Pacheco
Councilmember Councilmember
April 15, 2009
The Honorable Mike Davis
California State Assembly, District 48
State Capitol Building, Room 2160
Sacramento, CA 95814
RE: AB 87 (Davis), Single -Use Carryout Bags
Dear Assembly Member Davis:
On behalf of the City of Baldwin Park, we are pleased to inform you that the City has taken
a position of `Support if Amended' on your measure, AB 68 as amended on March 31,
2009.
Primarily, AB 68 creates a new fee of $0.25 on single -use carryout bags in California as
well as creates a new Bag Pollution Fund to provide moneys for programs to address the
mitigation of single -use carryout bags.
While the City supports in concept legislation that charges a fee for single -sue carryout
bags at the point of sale, we still have several concerns:
(1) We believe that all consumers should be encouraged to recycle and use reusable bags
when shopping.
(2) We believe that the funds generated from the fee should also be utilized to address
recycling and litter abatement programs for existing and new bags that enter the solid
waste system.
(3) We would like to see a CEQA exemption for cities that ban single -use carryout bags in
their communities.
(4) We would like to see the limits on cities that ban plastic bags under this bill be
removed.
For these reasons, the City of Baldwin Park supports if amended AB 68. If you have any
questions about our position, please contact Vijay Singhal, CEO at (626) 813 -5204.
Sincerely,
Manuel Lozano
Mayor
Anthony J. Bejarano
Councilmember
Monica Garcia
Mayor Pro Tern
Marlen Garcia Ricardo Pacheco
Councilmember Councilmember
CITY��~��K����\| ���N��
����`mw,� ����=��`
10, 1 M01 "
MMM
Your challenge:
• From April 20through 26, wear a pedometer 6om the time you get up until the rime YOU gotu
__
• Write down your steps each day. Airn for 1O,00 steps aday.
• Add up your week!ytota|
• Report that total 6v noon on April 78'2Q09.
• Walk 70,000 steps and you will have achieved the recommended physical activity level for
opdm�umheaJth.
How you benefit:'
0 Increased energy
• Leuss�ess
• \��\ �� management
• Decreased chance for chronic i||n*saea' such as diabetes and cardiovascular disease
* A free one-week pass to use the 8CHO Center for Health & Fitness to help you achieve your
goal
Tracking your steps:
Each day record how many steps you have taken. If you are ona walking team, report the number
of steps to your team leader each day or at the end of the week. Individuals and groups, report your
total steps to the school office by April 28,2O8g-
Name:
4/8/2O09
For rnooe inf�rrn�t�on,
c�m�i{
^ '
4/8/2O09
AGENDA
BALDWIN PARK
COMMUNITY DEVELOPMENT COMMISSION
APRIL 15, 2009
7:00 P.M.
REGULAR MEETING
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
Y
mp v.+' a P A, e
iii M,
+i M,
'BALDWIN
Manuel Lozano - Chair
Monica Garcia - Vice Chair
Anthony J. Bejarano - Member
Marlen Garcia - Member
Ricardo Pacheco - Member
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the 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 o
Agencies, you may do so during the PUBLIC alguna de sus Agencias, pods hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed five (5) minutes Communications) anunciado en la agenda. A cada
speaking time. A Spanish- speaking interpreter is persona se le permite hablar por cinco (5) minutos.
available for your convenience. Hay un interprete para su conveniencia.
ptI),lic record relating 1:D an t sei kx- an .h+tn sesSicn o a eg,,d�, 'ir $ ,Y,s
a 3i i� el$ Cornrois`r Je5l". . <cFT d l d " ri.i +f �i
:irn�5.; n th $ 1- ""7<4,,n,
.
.. _e TM. Y �, �to�' Y _ ,„- .r, .,a .. _ ....,
b" '?a! >., >r 1. � ,a. public io . ecti s,, at ci!' h 11 in fht C y � {..
C
fG4 f _., ... . .. t.. F
Community Development Commission Agenda
Page 1
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Vice -Chair Monica Garcia and Chair
Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or
questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a
future meeting. [Government Code §54954.21
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS/ON
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 consideraclon en juntas proximas. (Cod/go de Gobierno §54954.21
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. MINUTES
Staff recommends Commission approve the minutes of the special meeting of
February 25, 2009 and the regular meeting of April 1, 2009.
ADJOURNMENT
CERTIFICATION
I Laura M. Nieto, CIVIC, 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. April 9, 2009.
Laura M. Nieto, CMC
Deputy City Clerk
Community Development Commission Agenda
Page 2
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los
Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda
items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at
InietoCo)baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Public Works Department or Risk Management at 626.960.4011.
Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to
ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
Community Development Commission Agenda
Page 3
CITY OF BALDWIN PARK
CITY COUNCIL, COMMUNITY
DEVELOPMENT COMMISSION
& HOUSING AUTHORITY
MINUTES
Manuel Lozano, Mayor /Chair
Monica Garcia, Mayor Pro Tem /Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco
Council Members /Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING
AUTHORITY of the City of Baldwin Park met in SPECIAL MEETING at the above
time and place.
Mayor Lozano called the meeting to order at 6:25 p.m.
PUBLIC COMMUNICATIONS
"10"•IE
ROLL CALL
Present: Council member / Member Beiarano, Council member / Member
Marlen Garcia, Mayor Pro Tern / Vice Chair Monica Garcia,
Mayor / Chair Lozano.
Absent: Council member/ Member Pacheco.
Also Present: Chief Executive Officer Singhal, City Attorney Joseph W.
Pannone, Director of Public Works Galvez, Community
Development Manager Castagnola, Human Resources Manager
Lara, Director of Recreation & Community Services Carrillo, Chief
of Police Hadsell, City Clerk Rubio, Deputy City Clerk Nieto,
Mayor Lozano excused Council member Pacheco until he arrived. Council
member Pacheco arrived at 7:13 p.m.
• • • $- 1
CEO Singhal introduced Interim Finance Director Blazenski. He presented a
PowerPoint overview of the proposed budget, which showed that the budget
was balanced with a slight surplus. It was highlighed that there were not
program reductions; Baldwin Park was one of the few cities that had a balanced
Pagel of 5
budget in place for the next fiscal year.
Interim Finance Director Blazenski reported that revenues were significantly
decreasing and went over projected revenues, reporting that there was a fifteen
percent (15 %) drop in sales tax from the previous fiscal year. The franchise
agreement between the city and Royal Coaches was highlighted for the
revenues it generated. It was further reported that the number of permits issued
had decreased.
Interim Finance Director Blazenski highlighted expenditures, noting that they
were the same as last year. He reported an increase to personnel costs and
that no personnel levels will be cut. Council member Bejarano spoke
about management resource, specifically unfilled positions, placed in case there
is a need to fill; CEO Singhal stated that those positions have been vacant for
some time now
Interim Finance Director Blazenski reported that none of the General Fund
monies are being used for capital projects and provided personnel expenditures
by category
CEO Singhal spoke about the reasons for putting aside monies for capital and
that investments in infrastructure will boost the local economy
Director Galvez gave an overview of the projects that are on track for the next
fiscal year, including: street improvements, improvements to facilities and
capital acquisitions. It was reported that monies have been awarded but the
opportunity to draw down on them has not yet occurred. CEO Singhal reported
that the city is awaiting the guidelines
In response to an inquiry from Council member Marlen Garcia it was reported
that guidelines were currently available but the city had to work with MTA for the
approval. New busses have already been selected but they are waiting for
the green light from FTA (Federal Transportation Agency)
Public Works Director Galvez stated that the city was waiting for contracts for
transit services. Mayor Pro Tern Monica Garcia inquired if, because it's a
green project, would additional stimulus monies be available. CEO Singhal
reported that staff was looking into opportunities and will also be applying for
more busses. Director Galvez also spoke about the grant application for fast
fill station
Public Works Director Galvez highlighted the storm drain project and
announced that bids came in almost thirty- percent (30 %) lower than engineer's
estimeate. If the allocated funds are not spent, the monies could be re- allocated
for other projects. Director Galvez also reported a soft commitment from the
contractor to hire local works, per a Council- approved incentive plan
Council member Marlen Garcia spoke about traffic congestion relief and
recommended that it be kept in mind for the future because the city
may encounter many traffic issues
Page 2 of 5
It was reported that Capital Projects were not included in the budget
2. 2008/2009 MIDYEAR BUDGET UPDATE
Interim Finance Director Galvez provided overview of the current budget and
spoke about the surplus that the city has. CEO Singhal spoke about the
potential of things changing because there were still a few months left in the
fiscal year
A reduction in revenues for 2008 -09 was expected however, it was hoped that
the city would end the year in the black as a result of the conscientious efforts to
conserve resources. Staff will continue to evaluate the economy
Pr for ities include improving community safety; enhancing the city's image rage cx
pride through proactive programs; providing quality recreational programs;
promoting and encouraging healthy lifestyles and community service programs
Chief Hadsell spoke about the topic of improving community safety and
reported that crime & traffic accidents were lower and that enforcement had
increased. She spoke about various grants that the department had received.
It was reported that Part one crimes were down 29 %; traffic collisions were
down 21 %; in 2008 for the first time in more than ten years, there had not been
any fatal car accidents. Total arrests were up 5 %; moving citations had
increased by 9% since 2005 and the city had hired eleven police officers.
Council member Marlen Garcia expressed her satisfaction with these statistics
and spoke about how, in the past, officers did not want to lateral transfer into
Baldwin Park. Chief Hadsell commented that there are seven people waiting to
lateral into the department
Community Development Director Castagnola spoke about enhancing
the Community's image & pride through proactive & enforcement programs,
highlighting the Keep Baldwin Park Beautiful program.
Council member Bejarano commented about complaints he received from
those getting code violations; stated that in the past 8 -9 months he has not been
contacted by constituents; commended staff and the new processes they utilize
Housing Manager Ruelas reported that none of the First Time Homebuyer
Program participants have had foreclosures
In response to an inquiry from Mayor Lozano, Public Works Director Galvez
reported that the Council will be satisfied with the materials being used for
the street improvement projects. Council member Marlen inquired if CalTrans
was funding the drain relocation. Staff responded yes and that the city will be
be diligent about the funding. In response to an inquiry from Mayor Pro Tern
Monica Garcia it was stated that the utilities would be underground.
Recreation & Community Services Director Carrillo provided an overview of
Page 3 of 5
the Recreation Dept accomplishments; Human Resources Director Lara
spoke about the accomplishments that promoted healthy lifestyles in the
community
CEO Singhal talked about staff stepping up taking on additional duties;
acknowledged Sal Lopez for writing the grant application to receive funding for
walkable neighborhoods
Council member Marlen Garcia spoke about engaging community members;
Council member Bejarano encouraged the cross training of staff to gain more
skills for professional growth and advancement
Council member Pacheco inquired about the opening of Fresh and Easy.
Community Development Manager Castagnola advised that the opening was
moving forward and an inquiry had been made about opening a 2nd Fresh and
Easy
It was reported that expenditures have been lower than revenues
CEO Singhal spoke about improving operating performance and that it was a
continuous process; he acknowledged the dedication of staff; it was reported
that in 2005 there were 221 staff members and in 2009 there was 175 but that
no services had been impacted
CEO Singhal gave an overview of goals for the future and stated that his office
would continue to pursue and accomplish the City Council's vision of a better
Baldwin Park
Each director reviewed the goals for their respective departments for the
upcoming year; Council member Marlen Garcia commended the Recreation &
Community Services staff for their efforts; CEO Singhal acknowledged Maria
Moreno & Mike Salas
in response to an inquiry from Council member Pacheco it was stated that
staff had been looking into programs that would facillitate online payments for
city services, specifically for permits
The Crime Free Multi- Housing (CFMH) was highlighted as well as economic
development initiatives, green action program and the rehabilitation of
foreclosed properties
CEO Singhal spoke about the city's commitment to demonstrating fiscal
stewardship
Mayor Lozano and City Council thanked and commended staff for their efforts
and requested that it be placed in the next issue of the NOW that the budget is
balanced
It was reported that the public hearing to adopt the budget would be on March
18th and that the city was moving forward in the right direction
Page 4 of 5
There being no other matters for discussion the meeting was adjourned at 8:30
p.m.
Approved as presented by the Council, Commission and Authority at their
meetings held April 15, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 5 of 5
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
WEDNESDAY, APRIL 01,
2009
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met
in REGULAR SESSION at the above time and place.
• 0 ••�
ROLL CALL
Present: Member Bejarano, Member Marlen Garcia, Member Pacheco,
Vice Chair Monica Garcia, Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Director of Recreation & Community Services Manuel
Carrillo Jr., Community Development Manager Marc Castagnola,
Director of Public Works William Galvez, Chief of Police Lili
Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City
Clerk Nieto.
PUBLIC COMMUNICATIONS
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Member Bejarano, seconded by Chair Lozano.
1. WARRANTS AND DEMANDS
Commission received and filed.
2. MINUTES
Commission approved the minutes of the special and regular meetings of March
18, 2009.
Page 1 of 2
There being no other matters for discussion the meeting was adjourned at 8:17
p.m.
Approved as presented by the Commission at their meeting held April 15, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 2 of 2
APRIL 15,2009
/1 PM
COUNCIL REGULAR MEETING
14403
]68:'ALDWIN PARK, CA 91706
960-4011
Manuel Lozano - Chair
Monica Garcia - Vice Chair
Anthony J. Bejarano - Member
Marlen Garcia - Member
Ricardo Pacheco - Member
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 five (5) 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 jurisdiccidn. 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 cinco (5) minutos. Hay un interprete para
su conveniencia.
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection
at City Hall in the City Clerk's office at 94403 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: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Vice -Chair Monica Garcia and Chair
Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made
or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration
at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION
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 fi]ar
asuntos para tomar en consideraciAn on]untas prox,mas. (Codigo An Gobiernn §54954,2]
CONSENT CALENDAR
e. MINUTES
Staff recommends Authority approve the minutes of the regular meeting March 18,
2009.
ADJOURNMENT
CERTIFICATION
I, Laura M. Nieto, CMC, 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. April 9,
2009.
Laura M. Nieto, CMC
Deputy City Clerk
Finance Authority Agenda
April 15, 2009
Page 2
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los
Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda
items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at
Inieto6j?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)
Finance Authority Agenda
April 15, 2009
Page 3
CITY OF BALDWIN PARK
FINANCE AUTHORITY
® etrn®vvier4w rw I e 1v1 u
AGENDA
APR 15 2009
WEDNESDAY, IRMO 1.8�
2009
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR
SESSION at the above time and place.
ROLL CALL
Present: Member Bejarano, Member Marlen Garcia, Member Pacheco,
Vice Chair Monica Garcia, Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Interim Finance Director Mike Blazenski, Director of
Recreation & Community Services Manuel Carrillo Jr., Community
Development Manager Marc Castagnola, Director of Public Works
William Galvez, Chief of Police Lili Hadsell, City Treasurer
Contreras, City Clerk Rubio, Deputy City Clerk Nieto.
NONE
CONSENT CALENDAR
r
/lotion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Member Marlen Garcia.
1. MINUTES
Authority approved the minutes of the regular meeting of February 18, 2009.
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 9:36
p.m.
Approved as presented by the Authority at their meeting held April 15, 2009.
Page 1 of 2
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 2 of 2
141111"1 ILI rev-71- It
APRIL 15, 2009
7:00 PM
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
Manuel Lozano
- Chair
Monica Garcia
- Vice Chair
Anthony J. Bejarano
- Member
Marlen Garcia
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this agenda
on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address
the City Council or any of its Agencies, you may do
so during the PUBLIC COMMUNICATIONS period
noted on the agenda. Each person is allowed five
(5) 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 cinco (5) 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 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.)
HOUSING AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Members: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Vice -Chair Monica Garcia and Chair
Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or
questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a
future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION
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
urcvcr e n t e a u eC/ a racioieS o N reg intas h eCN aS po r personas; o 2/ Dirl g it personal' a inVeStiga r yiiv 71J611 aSUini U S
para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
1. MINUTES
Staff recommends Authority approve the minutes of the special meeting of February
25, 2009 and the regular meetings of March 18, 2009 and April 1, 2009.
ADJOURNMENT
CERTIFICATION
I Laura M. Nieto, CMC, 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. April 9, 2009.
/rt
Laura M. Nieto, CMC
Deputy City Clerk
Housing Authority Agenda
Page 2
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los
Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda
items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at
Inieto(a-),baldwin park. com .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Public Works Department or Risk Management at 626.960.4011.
Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to
ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
Housing Authority Agenda
Page 3
CITY OF BALDWIN PARK
CITY COUNCIL, COMMUNITY
DEVELOPMENT COMMISSION
& HOUSING AUTHORITY
MINUTES
N# VANJ
AGENI
Manuel Lozano, Mayor /Chair
Monica Garcia, Mayor Pro Tem /Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco
Council Members /Members
Maria Contreras, City Treasurer Susan Rubio, City Clerk
The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING
AUTHORITY of the City of Baldvvii► Park met in SPECIAL IV►EETING at the above
time and place.
Mayor Lozano called the meeting to order at 6 :25 p.m.
PUBLIC COMMUNICATIONS
NONE
ROLL CALL
Present: Council member / Member Bejarano, Council member / Member
Marlen Garcia, Mayor Pro Tern / Vice Chair Monica Garcia,
Mayor / Chair Lozano.
Absent: Council member / Member Pacheco.
Aiso Present: Chief Executive Officer Singhal, City Attorney Joseph W.
Pannone, Director of Public Works Galvez, Community
Development Manager Castagnola, Human Resources Manager
Lara, Director of Recreation & Community Services Carrillo, Chief
of Police Hadsell, City Clerk Rubio, Deputy City Clerk Nieto.
Mayor Lozano excused Council member Pacheco until he arrived. Council
member Pacheco arrived at 7:13 p.m.
14400 • •
1. FISCAL YEAR 2009/2010 CITY, COMMUNITY DEVELOPMENT
COMMISSION AND HOUSING AUTHORITY BUDGET
CEO Singhal introduced Interim Finance Director Blazenski. He presented a
PowerPoint overview of the proposed budget, which showed that the budget
was balanced with a slight surplus. It was highlighed that there were not
program reductions; Baldwin Park was one of the few cities that had a balanced
Page 1 of 5
budget in place for the next fiscal year.
Interim Finance Director Blazenski reported that revenues were significantly
decreasing and went over projected revenues, reporting that there was a fifteen
percent (15 %) drop in sales tax from the previous fiscal year. The franchise
agreement between the city and Royal Coaches was highlighted for the
revenues it generated. It was further reported that the number of permits issued
had decreased.
Interim Finance Director Blazenski highlighted expenditures, noting that they
were the same as last year. He reported an increase to personnel costs and
that no personnel levels will be cut. Council member Bejarano spoke
about management resource, specifically unfilled positions, placed in case there
is a need to fill; CEO Singhal stated that those positions have been vacant for
some time now
Interim Finance Director Blazenski reported that none of the General Fund
monies are being used for capital projects and provided personnel expenditures
by category
CEO Singhal spoke about the reasons for putting aside monies for capital and
that investments in infrastructure wily boost the local economy
Director Galvez gave an overview of the projects that are on track for the next
fiscal year, including: street improvements, improvements to facilities and
capital acquisitions. It was reported that monies have been awarded but the
opportunity to draw down on them has not yet occurred. CEO Singhal reported
that the city is awaiting the guidelines
In response to an inquiry from Council member Marlen Garcia it was reported
that guidelines were currently available but the city had to work with MTA for the
approval. New busses have already been selected but they are waiting for
the green light from FTA (Federal Transportation Agency)
Public Works Director Galvez stated that the city was waiting for contracts for
transit services. Mayor Pro Tern Monica Garcia inquired if, because it's a
green project, would additional stimulus monies be available. CEO Singhal
reported that staff was looking into opportunities and will also be applying for
more busses. Director Galvez also spoke about the grant application for fast
fill station
Public Works Director Galvez highlighted the storm drain project and
announced that bids came in almost thirty- percent (30 %) lower than engineer's
estimeate. If the allocated funds are not spent, the monies could be re- allocated
for other projects. Director Galvez also reported a soft commitment from the
contractor to hire local works, per a Council- approved incentive plan
Council member Marlen Garcia spoke about traffic congestion relief and
recommended that it be kept in mind for the future because the city
may encounter many traffic issues
Page 2 of 5
It was reported that Capital Projects were not included in the budget
2. 2008/2009 MIDYEAR BUDGET UPDATE
Interim Finance Director Galvez provided overview of the current budget and
spoke about the surplus that the city has. CEO Singhal spoke about the
potential of things changing because there were still a few months left in the
fiscal year
A reduction in revenues for 2008 -09 was expected however, it was hoped that
the city would end the year in the black as a result of the conscientious efforts to
conserve resources. Staff will continue to evaluate the economy
Priorities include improving community safety; enhancing the city's image &
pride through proactive programs; providing quality recreational programs;
promoting and encouraging healthy lifestyles and community service programs
Chief Hadsell spoke about the topic of improving community safety and
reported that crime & traffic accidents were lower and that enforcement had
increased. She spoke about various grants that the department had received.
It was reported that Part one crimes were down 29 %; traffic collisions were
down 21 %; in 2008 for the first time in more than ten years, there had not been
any fatal car accidents. Total arrests were up 5 %; moving citations had
increased by 9% since 2005 and the city had hired eleven police officers.
Council member Marlen Garcia expressed her satisfaction with these statistics
and spoke about how, in the past, officers did not want to lateral transfer into
Baldwin Park. Chief Hadsell commented that there are seven people waiting to
lateral into the department
Community Development Director Castagnola spoke about enhancing
the Community's image & pride through proactive & enforcement programs,
highlighting the Keep Baldwin Park Beautiful program.
Council member Bejarano commented about complaints he received from
those getting code violations; stated that in the past 8 -9 months he has not been
contacted by constituents; commended staff and the new processes they utilize
Housing Manager Ruelas reported that none of the First Time Homebuyer
Program participants have had foreclosures
In response to an inquiry from Mayor Lozano, Public Works Director Galvez
reported that the Council will be satisfied with the materials being used for
the street improvement projects. Council member Marlen inquired if CalTrans
was funding the drain relocation. Staff responded yes and that the city will be
be diligent about the funding. In response to an inquiry from Mayor Pro Tern
Monica Garcia it was stated that the utilities would be underground.
Recreation & Community Services Director Carrillo provided an overview of
Page 3 of 5
the Recreation Dept accomplishments; Human Resources Director Lara
spoke about the accomplishments that promoted healthy lifestyles in the
community
CEO Singhal talked about staff stepping up taking on additional duties;
acknowledged Sal Lopez for writing the grant application to receive funding for
walkable neighborhoods
Council member Marlen Garcia spoke about engaging community members;
Council member Bejarano encouraged the cross training of staff to gain more
skills for professional growth and advancement
Council member Pacheco inquired about the opening of Fresh and Easy.
Community Development Manager Castagnola advised that the opening was
moving forward and an inquiry had been made about opening a 2nd Fresh and
Easy
It was reported that expenditures have been lower than revenues
CEO Singhal spoke about improving operating performance and that it was a
continuous process; he acknowledged the dedication of staff; it was reported
that in 2005 there were 221 staff members and in 2009 there was 175 but that
no services had been impacted
CEO Singhal gave an overview of goals for the future and stated that his office
would continue to pursue and accomplish the City Council's vision of a better
Baldwin Park
Each director reviewed the goals for their respective departments for the
upcoming year; Council member Marlen Garcia commended the Recreation &
Community Services staff for their efforts; CEO Singhal acknowledged Maria
Moreno & Mike Salas
In response to an inquiry from Council member Pacheco it was stated that
staff had been looking into programs that would facillitate online payments for
city services, specifically for permits
The Crime Free Multi- Housing (CFMH) was highlighted as well as economic
development initiatives, green action program and the rehabilitation of
foreclosed properties
CEO Singhal spoke about the city's commitment to demonstrating fiscal
stewardship
Mayor Lozano and City Council thanked and commended staff for their efforts
and requested that it be placed in the next issue of the NOW that the budget is
balanced
It was reported that the public hearing to adopt the budget would be on March
18th and that the city was moving forward in the right direction
Page 4 of 5
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 8:30
p.m.
Approved as presented by the Council, Commission and Authority at their
meetings held April 15, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 5 of 5
CITY OF BALDWIN PARK
HOUSING AUTHORITY
MINUTES
WEDNESDAY, MARCH 18,
2009
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, 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 Beiarano, Member Marlen Garcia, Member Pacheco,
Vice Chair Monica Garcia, Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Interim Finance Director Mike Blazenski, Director of
Recreation & Community Services Manuel Carrillo Jr., Community
Development Manager Marc Castagnola, Director of Public Works
William Galvez, Chief of Police Lili Hadsell, City Treasurer
Contreras, City Clerk Rubio, Deputy City Clerk Nieto.
PUBLIC COMMUNICATIONS
NONE
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Vice Chair Monica Garcia.
1. MINUTES
Authority approved the minutes of the regular meeting of February 18, 2009.
PUBLIC HEARINGS
2. JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF FY 2009-2010
BUDGET (Related Item #10 on City Council agenda and Item #2 on Community
Development Commission agenda)
Motion: Approve The Fiscal Year 2009-10 budget as presented and waive
Page 1 of 2
further reading, read by title only and adopt Resolution No. HA 2009-001
entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL
YEAR COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2010".
Moved by Chair Lozano, seconded by Vice Chair Monica Garcia.
"11 fell] 11110 livil :40 k
There being no other matters for discussion the meeting was adjourned at 9:37
p.m.
Approved as presented by the Authority at their meeting held April 15, 2009.
Laura M. Nieto, CMC
Deputy City Clerk
Page 2 of 2
MINUTES
CITY OF BALDWIN PARK WEDNESDAY, APRIL 01,
HOUSING AUTHORITY 2009
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council
Members
Maria Contreras, City Treasurer Susan Rubio, 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 Bejarano, Member Marlen Garcia, Member Pacheco,
Vice Chair Monica Garcia, Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Director of Recreation & Community Services Manuel
Carrillo Jr., Community Development Manager Marc Castagnola,
Director of Public Works William Galvez, Chief of Police Lili
Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City
Clerk Nieto.
PUBLIC COMMUNICATIONS
NONE
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Member Marlen Garcia.
1. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) CAPITAL
FUND GRANT RESOLUTION NO. HA 2009-003
Authority waived further reading, read by title only and adopted Resolution No.
HA 2009-003 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF BALDWIN PARK AUTHORIZING THE ACCEPTANCE OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 CAPITAL
FUND GRANT."
2. AUTHORIZATION TO PROCEED WITH REQUEST FOR PROPOSALS FOR
Page 1 of 2
FAMILY SELF-SUFFICIENCY PROGRAM CONSULTING SERVICES
Authority authorized staff to proceed with the RFP for the development and
implementation of the Family Self-Sufficiency Program.
PUBLIC HEARINGS
3. PUBLIC HEARING TO CONSIDER THE BALDWIN PARK HOUSING
AUTHORITY'S FY 2009-2010 STREAMLINED ANNUAL PUBLIC HOUSING
AGENCY (PHA) PLAN
Housing Manager Ruelas presented the report. Chair Lozano opened the
public hearing for those wishing to speak in favor or opposition. Seeing no
interest the public hearing was closed
Motion: 1) Adopt the FY 2009-2010 Streamlined Annual PHA Plan and 2) waive
further reading, read by title only and adopt Resolution No. HA 2009-002
entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
BALDWIN PARK APPROVING AND ADOPTING THE PUBLIC HOUSING
AGENCY ANNUAL PLAN FOR FY 2009-2010."
Moved by Chair Lozano, seconded by Vice Chair Monica Garcia.
REQUESTS AND COMMUNICATIONS
Member Marlen Garcia requested that staff bring forward a report for
consideration of implementing no-smoking apartments in the city
There being no other matters for discussion the meeting was adjourned at 8:21
p.m.
Approved as presented by the Authority at their meeting held April 15, 2009.
Laura M. Nieto, CMC
Deputy City Clerk
Page 2 of 2