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HomeMy WebLinkAbout2009 06 03NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JUNE 03, 2009 AT 6:00 PM at City Hall Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: May 28, 2009 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on May 28, 2009. Laura M. Nieto, CMC Deputy City Clerk City Council Special Meeting Agenda — June 3, 2009 Page 1 • F• JUNE 11' • 11 PM CITY HALL — COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Mayor /Chair Monica Garcia - Mayor Pro Tem/rlice Chair Anthony J. Bejarano - Council Member /Member Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /Member PLEASE TURN OFF CELL. PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Uounc-1 o! a %ly of !LJ Al,V.el /l. %es l /SteU oll tlllJ 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. City Council Special Meeting Agenda — June 3, 2009 COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra Ue SUS Ageilc is ^S ilCi rlbrada ^S 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 Agencies, 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. Page 2 CITY COUNCIL SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Council members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER 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 SERV1.1.3,10S. DEL INTERPRETE No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislafivo y su personal podran'- 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 One (1) matter RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. May 28, 2009. a- ;'n Laura M. Nieto, CIVIC Deputy City Clerk City Council Special Meeting Agenda — June 3, 2009 Page 3 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2„ d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inietop_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) City Council Special Meeting Agenda — June 3, 2009 Page 4 A A ilk REGULAR MEETING JUNE 37 2009 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 J BALDWIN :. Manuel Lozano Monica Garcia Anthony J. Bejarano Marien Garcia - Mayor - Mayor Pro Tern - Councilmember - Councilmember Ricardo Pacheco - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Co'u'ncil' or any of its Agencies listed oll II IIJ + liS 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 otia de sus Agendas nombradas ell 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 Agencies, 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. ,p t r, � �,. •� a ., a C 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 City of Baldwin Park Senior of the Year Maria Nieves Salinas and School District Senior of the Year Maria Orozco -P Certificates of Recognition for Spring Job Fair vendors and city staff participants 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. G' r o v e m me n t Code ',)'$ 5 --19 54. 2] L C ESTEE ES EL PERIODO DESIGNADO Pd Rd DIRIGIRSE AL CONCILI 10 FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alg0na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de 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. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF JUNE 3, 2009 — JUNE 16, 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 June 3, 2009 Page 2 3. MINUTES Staff recommends City Council approve the minutes of the special meeting of May 6, 2009 and the minutes of the special and regular meetings of May 20, 2009. 4. CITY TREASURER'S REPORT — APRIL 2009 Staff recommends City Council receive and file. 5. AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES FOR ALL CITY FACILITIES Staff recommends City Council authorize staff to advertise the RFP for the janitorial services for the City. 6. RESOLUTION NO. 2009 -023 FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2009 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA." 7. AUTHORIZE REQUEST FOR PROPOSALS FOR PROGRAM MANAGER AND ENGINEERING & ARCHITECTURAL SERVICES FOR TRANSIT CENTER PARKING FACILITY Staff recommends City Council authorize staff to advertise an RFP for Program Management Services and an RFP for Architectural / Engineering Services. 8. AUTHORIZE REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR MAINE AVENUE STREET IMPROVEMENTS Staff recommends City Council authorize staff to advertise an RFP for Design Services. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 9. PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDMENT TO FY 2008- 2009 ANNUAL ACTION PLAN TO INCLUDE THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (AARA) COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY (CDBG -R) Staff recommends City Council conduct the public hearing and following the public hearing 1) approve the proposed amendment to the FY 2008 -2009 Annual Action Plan to include the $395,726 in Community Development Block Grant - Recovery (CDBG -R) funds and 2) allocate the CDBG -R funds to Street Improvement Project. 10. PUBLIC HEARING FOR REGARDING THE APPLICATION FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Staff recommends City Council 1) conduct the public hearing to receive public comment on the application that will allow the City to receive $970,226 in Neighborhood Stabilization Program (NSP) funds from the State of California Department of Housing and Community Development to primarily help stabilize and revitalize communities hard hit by the mortgage crisis; 2) approve the NSP Sub recipient Agreement with the City of City Council Agenda June 3, 2009 Page 3 El Monte; 3) approve the City's Anti - Displacement and Relocation Plan; 4) waive further reading, read by title only and adopt Resolution No. 2009 -020 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE STATE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP;)" and 5) authorize the Chief Executive Officer to execute and submit all required documents on behalf of the City in conjunction with the NSP. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Report by the Police Department on Baldwin Park Crime Statistics and trends • Report by Mayor Lozano and Council member Marlen Garcia on the Home Depot and Day Labor issue • Request by Council member Bejarano and supported by Mayor Lozano, Mayor Pro Tern Monica Garcia and Council member Marlen Garcia for discussion on the following: Discussion and direction regarding an investigation to determine if Council member Pacheco engaged in berating an Executive Team Member ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. May 28, 2009. v Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e -mail at Inietopbaldwinpark.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 June 3, 2009 Page 4 n BALDWIN P A•R•K TO: FROM: DATE: SUBJECT: • *16� III 1' A2009 N srAFF -O- Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director �-" June 03, 2009 Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Bald.:iin Park consisting of check numbers 190260 — 190345. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 201286 — 201535 for the period of May 03, 2009 through May 16, 2009 inclusive, have been presented and hereby ratified, in the amount of $400,308.10. General Warrants, including check numbers 174776 to 175027 inclusive, in the total amount of $739,268.68 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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M Q Q Q tir H WW E i iHir ,Ni FC Q U (xj I cmfl U2 m w Cll 0 I H H O O 7k 1 h N 01 O r1 N M d� Ln l0 r-- Q O U' H H H N N N N N N N N q E W .'•[ O O O O O O O O O O O a H O z* a U I In Ln Ln Ln Ln N Ln Ln Ln Ln Ln FC O E F W w x O O U 1 E I � N a p� O W E a 1 F, RArnwr�J CITY OF BALDWIN PARK Y ' A' K' n TO: Honorable Mayor & Members of the City Council FROM: Vijay Singhal, Chief Executive Officer ;. DATE: June 3, 2009 � STAFF a� 1!' M �"D SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of June 3, 2009 — June 16, 2009 The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP The following requests for plaques and certificates were received: Requested By List of Honorees - Time /Date /Place of Presentation Date Needed Department of Swim Team End of the 7:30pm /May 22 nd Certificates Parks and Year Season Julia McNeil Senior 05 -22 -09 Recreation residents celebrated their Center Mayor Pro Tern Harvey Eberstein and 6:00pm /June 12T Plaque Monica Garcia Norm Hovsepian BPUSD Villa I epeyac 06 -12 -09 Retirement Recognition West Covina, CA The following emergency requests for plaques and certificates were received: Requested By List of Honorees Time /Date /Place of Presentation Date Needed' Mayor Pro Tern Fran and Tony Serpa long- 7:00pm /May 2 oth Certificate Monica Garcia time Baldwin Park City Council Meeting 05 -20 -09 residents celebrated their 60th Wedding Anniversary 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 If CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER Mayor Pro Tern /Vice Chair Monica Garcia called the meeting to order at 6:14 p.m. ROLL CALL Present: Council member / Member Bejarano, Council member / Member Pacheco, Mayor Pro Tern / Vice Chair Monica Garcia. Absent: Council member / Member Marlen Garcia. Also Present: Chief EXecutive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. Mayor' Chair Lozano arrived at 6:18 p.m. PUBLIC COMMUNICA"T"IONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION i. CONFERENCE �1%4EITH LEGAL COUI ISEL - EXIST ING LITIGATION (GC §54956.9(x)) Case Name: NRDC, et al v. County of LA Case Number: USDC Case No. CV -08 -01465 *Case Name: Baldwin Park Police Officer Association v. City of Baldwin Park & Baldwin Park City Council Case Number: BS117634 Page 1 of 2 *Amended Tuesday, May 5, 2009 @ 10:25 a.m. to include second case 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC §54956.9) Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of Cases: One (1) RECONVENE IN OPEN SESSION All members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7-00 p.m. Approved by the Council and Commission at their meetings held June 3, 2009. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, MAY 20, 2009 6:00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER Mayor / Chair Lozano called the meeting to order at 6:15 p.m. ROLL CALL Present: Council member / Member Bejarano, Council member / Member Pacheco, Mayor Pro Tern / Vice Chair Monica Garcia, Mayor / Chair Lozano. Absent: Council member / Member Marlen Garcia. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE • • • • 111milrailo''11 iiiii inwillip ; v 0 1,11 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) case RECONVENE IN OPEN SESSION The Council / Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken Page 1 of 2 ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council / Commission at their meetings held June 3, 2009. Laura M. Nieto, CIVIC Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL Z,"1111111111 11 WEDNESDAY, MAY 20, 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 CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Council member Pacheco PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano commented on the election results and the impacts they may have on local agencies; congratulated Judy Chu on her successful campaign. Council member Pacheco spoke about an upcoming work shop that would address foreclosure and loan modification issues, announced National Public Works week and requested to adjourn in memory of Teresa Estrada Present: Council member Bejarano, Council member Pacheco, Lozano. Absent: City Treasurer Contreras. Council member Marlen Garcia, Mayor Pro Tern Monica Garcia, Mayor 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, Director of Finance Lorena Quijano, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation proclaiming May 17 - 23 as Public Works Week in the City of Page 1 of 7 Baldwin Park Council member Pacheco read the proclamation and, joined by the Mayor, Council and Clerk presented the proclamation to staff members from the Department of Public Works Proclamation proclaiming May as older American's Month in the City of Baldwin Park Mayor Pro Tern Monica Garcia read the proclamation and, joined by the Mayor, Council and Clerk presented the proclamation to the seniors in attendance Certificate presentation to Tony & Fran Serpa in recognition of their 60th Wedding Anniversary Mayor Lozano, joined by the Council and Clerk presented the certificate and a bouquet of flowers. Their names will be placed on the marquee at Morgan Park 2010 Census Partner Proclamation Mayor Lozano read the proclamation and, joined by the Council and Clerk presented the proclamation to representatives from the Census Bureau Certificate presentation to Job Fair workshop presenters, contributors and planning committee members Mayor Pro Tern Monica Garcia spoke about the recent job fair and thanked those who collaborated with the City. Certificates were presented to those honorees in attendance PUBLIC COMMUNICATIONS Tony Mena, resident commented about statements made by Greg Ti ttle related to the City of Baldwin Park Levi Richard, resident requested to schedule a meeting with the Mayor regarding reading glasses for the visually impaired. He also spoke about the funds that were raised from the sale of fireworks and stated that the Lions Club can no longer can have a booth Colleen Castellano, East San Gabriel Valley Coalition for the Homeless acknowledged the Council for their continued support of the homeless in the community Thomas Cary, resident spoke about the locks on the restroom doors, credit card issues in the country; agenda items related to parking and the animal control facility and various other issues Ken Woods, resident / business owner commented about the proposed zone changes and the impacts that they will have on the properties and stated his Page 2 of 7 opposition to it Greg Tuttle, business owner commented about the fireworks issue and various matters related to the actions of the Council Magda Torrellas, resident expressed her desire that the community work together so that progress in the city could be made Jorge Pivaral, resident thanked the elected and appointed staff members for all of their support and encouraged positive discussion Cruz Baca Sembello, resident commented about her desire to work with the Council and community to re -build the businesses in Baldwin Park Public Communications were closed at 7:57 p.m. Mayor Lozano addressed comments made by speaker Tuttle. He requested that Chief Hadsell bring forward a report detailing the crime statistics in Baldwin Park. In response to the comments of speaker Baca, Council member Bejarano stated that if there was seriousness about change in the community, they should reach out to the elected officials as their contact information was public and accessible CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item Nos. 5 and 10 Moved by Mayor Lozano, seconded by Council member Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY �0, 2009 THROUGH JUNE 2g 2009 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the regular meeting of May 6, 2009. 4. MONTHLY FINANCIAL REPORT City Council received and filed the monthly financial report for the period ended March 2009. The following i #ern arras pulled by Mayor Pro Ter: Monica Garcia %r separate discussion; 5. APPROVAL OF AGREEMENT WITH GOODWILL SOUTHERN CALIFORNIA TO CREATE SUMMER AND YEAR -ROUND JOB Page 3 of 7 OPPORTUNITIES FOR CITY YOUTH Mayor Pro Tern Monica Garcia spoke about the actions of the ad -hoc committee, the summer proposed summer youth program and the possibility of having a year -round program. Council member Pacheco expressed his support and requested that new programs be brought forward. Mayor Pro Tern Monica Garcia announced that this was a new program that was funded by the American Recovery and Reinvestment Act (ARRA) monies and that it would be housed at the Family Service Center Council member Marlen Garcia stated that this was a new program and expressed her support of youth - employment programs for members of the community Council member Pacheco expressed his belief that the staff report may possibly mislead the public and that the Workforce Investment Act had been around for some time. He again stated his support of the proposed program Motion: Authorize the CEO to enter into an Agreement with Goodwill Southern California to establish a Summer Youth Employment Program at the Family Service Center and authorize the CEO to enter into an Agreement with Goodwill Southern California to establish a Year -Round Employment Program at the Family Service Center. Moved by Mayor Pro Tern Monica Garcia, seconded by Council member Marlen Garcia. 6. RESOLUTION NO. 2009 -015 CERTIFYING SECTIONS 3, 4, 6, AND 7 OF THE CITY'S SEWER SYSTEM MANAGEMENT PLAN City Council waived further reading, read by title only and adopted Resolution No. 2009 -015, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CERTIFYING SECTIONS 3, +, 6 AND 7 OF THE CITY'S SEWER SYSTEM MANAGEMENT PLAN (SSMP.)" 7. RESOLUTION NO. 2009 -021 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2009 -10 City Council waived further reading, read by title only and adopted Resolution No. 2009 -021 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2009 -10 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 8. RESOLUTION NO. 2009 -022 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS Page 4 of 7 MAINTENANCE ASSESSMENT DISTRICT FOR FY 2009-10 City Council waived further reading, read by title only and adopted Resolution No. 2009-022 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2009-10 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 9. APPROVE THE MCNEILL MANOR TENANT IMPROVEMENTS PROJECT AND AUTHORIZE ADVERTISING THE PROJECT FOR CONSTRUCTION BIDS City Council approved the Plans and Specifications for the McNeill Manor Tenant Building Improvements Project and authorized staff to advertise the project for construction bids. The following item was pulled by Co-un-cilmember Pacheco for separate discussion: 10. ADOPTION OF RESOLUTION NO. 2009-012 APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 91-67, RESOLUTION NO. 2006-059 AND SECTION 3 OF RESOLUTION NO. 2004- 037 Council member Pacheco expressed his opposition to the proposed expressed - - resolution and believed that funds could be raised in other ways and not by penalizing the community. Chief Hadsell presented various facts explaining the proposed increase, further stating that it had been several years since the fines had been modified. Motion: Waive further reading, read by title only and adopt Resolution No. 2009-012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 91-67, RESOLUTION NO. 2006-059 AND SECTION 3 OF RESOLUTION NO. 2004-037." Council member Pacheco objected Moved by Council member Bejarano, seconded by Mayor Pro Tern Monica Garcia. Vote: Motion carried 4-1. Ayes: Council member Bejarano; Council member Marlen Garcia; Mayor Pro Tern Monica Garcia; Mayor Lozano Noes: Council member Pacheco Page 5 of 7 REPORTS OF OFFICERS 11. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND /OR REAPPOINTMENTS TO FILL THE JUNE 30, 2009 SCHEDULED VACANCIES City Clerk Rubio presented the report A motion was made by Council member Bejarano to re- appoint the incumbent commissioners to the Housing Commission. The motion was withdrawn as there were not sufficient applicants to fill all vacancies. Motion: Direct staff to re- notice the un- filled vacancies, re -send the notices to Baldwin Park resident Housing participants and bring back all vacancies to a future meeting for consideration of appointment Moved by Mayor Lozano, seconded by Council member Bejarano. Motion: Direct staff to re- notice the vacancies on the Personnel Commission and bring back to a future meeting for consideration of appointment Moved by Mayor Lozano, seconded by Council member Bejarano. Motion: Appoint incumbent Commissioner James R. Dexter II to Office No. 1 of the Planning Commission Moved by Mayor Lozano, seconded by Council member Bejarano. Motion: Appoint Jack Cheng to Office No. 2 of the Planning Commission Moved by Council member Bejarano, seconded by Mayor Pro Tern Monica Garcia. Resolution No. 2009 -018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2009 -009 APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: JAMES R. DEXTER II TO OFFICE NO. 1 FOR A TERM TO EXPIRE JUNE 30, 2011; AND JACK CHENG TO OFFICE NO. 2 FOR A TERM TO EXPIRE JUNE 30, 2011" was adopted By Council consensus, appointments to the Recreation and Community Services Commission were deferred to a future meeting CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council member Bejarano spoke about alleged comments made by a Council member to an Executive Team member requesting that this staff member resign. He requested that Council member Pacheco apologize to this person. Council member Pacheco declined to comment. Council member Bejarano requested that a third -party investigation be done. Council member Pacheco stated that it should come forward to the Council as it may be a violation of the Brown Act to take any action on this item Page 6 of 7 In response to an inquiry from Council member Bejarano, City Attorney Pannone stated that this item should come forward on the next agenda for Council consideration. It was further stated that because this was an investigation of alleged actions by an elected official and not a staff member, it was not a personnel issue. Motion: Bring forward a request to conduct a third -party investigation of the alleged actions of Council member Pacheco. Council member Pacheco objected Moved by Council member Bejarano, seconded by Mayor Pro Tem Monica Garcia. Vote: Motion carried 4 -1. Ayes: Council member Bejarano; Council member Marlen Garcia; Mayor Pro Tern Monica Garcia; Mayor Lozano Noes: Council member Pacheco Cl V IL Qty Clerk Pb cnm odod fho WGman 's V I ub for s ccl,000fi . - rn commended staff member Irma Garcia for her coordination of a tea party for mothers and daughters Council member Marlen Garcia thanked the Council for excusing her at the prior meeting as she was a panel speaker at an event related to Childhood Obesity. She also commented about a recent event she took part in in the City of El Monte where she received favorable comments about the Concerts in the Park and other events that the city hosted for the community There being no other matters for discussion the meeting was adjourned in memory of Teresa Estrada at 8:22 p.m. Approved as presented by the Council at their meeting held June 3, 2009. Laura M. Nieto, CMC Deputy City Clerk Page 7 of 7 INVESTMENT DESCRIPTION State of California Local Agency Investment Fund City Community Develop. Comm. Housing Authority Fiscal Agent Funds - City Fiscal Agent Funds - CDC CITY OF BALDWIN PARK TREASURER'S REPORT April 30, 2009 JUN - 3 2009 INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 1.61% Varies Varies 1.61% Varies Varies 1.61% Varies Varies Varies Varies Varies Varies Varies Varies 16,918,937.50 16,918,937.50 16,918,937.50 16,918,937.50 12,184,873.25 12,184,873.25 12,184,873.25 12,184,873.25 3,454,394.06 3,454,394.06 3,454,394.06 3,454,394.06 32,558,204.81 32,558,204.81 32,558,204.81 32,558,204.81 3,930,915.16 3,930,915.16 3,930,915.16 3,930,915.16 2,065,428.86 2,065,428.86 2,065,428.86 2,065,428.86 $ 38,554,548.83 $ 38,554,548.83 5,996,344.02 $ 38,554,548.83 Total Investments $ 38,554,548.83 Cash City General Checking 571,017.30 City Miscellaneous Cash 12,638.01 Comm. Develop, Comm. 91168915 Housing Authority 299,333.59 Financing Authority 0.00 Total Cash 974,678.15 Total Cash and Investments $ 39,529,226.98 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of April and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Invesstments are In compliance to the City's Statement of investment Policy. Approved by: p ,Aj' !?. Ldfena Quijano Finance Director rll BALDWIN P ° A, R, K CITY OF BALDWIN PARK JUN 1' ITEM No. - STAFF -O- TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community Servic DATE: June 3, 2009 SUBJECT: AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES FOR ALL CITY FACILITIES - - -• The purpose of this report is to receive authorization from the City Council to advertise for requests for proposals (the "RFP ") for janitorial services at all City facilities. The City currently contracts out its janitorial services to United Maintenance Systems, which have provided janitorial services to the City for the last nine (9) years. At this time the City is on a month -to -month contract basis. Staff will advertise the project by publishing in selected trade publications, on -line and newspapers. DISCUSSION The RFP specifications reflect the current hours of operation for each specific building and the needs to maintain it properly thus, creating possible savings to overall service fees. Staff has also incorporated compliance - recycling requirements to assist the City's efforts in meeting AB 32 by year 2020. FISCAL IMPACT We do not anticipate a negative impact on the current budget and believe sufficient monies have been allocated for janitorial services. RECOMMENDATION Staff recommends City Council authorize staff to advertise the RFP for the janitorial services for the City. Attachments: RFP P A - R, K • IIIIIIIIIIIIIIIIIIIIIllllllililI IS FOR CITY FACILITIES I K I C%-rrJ I M A I PROPOSAL 1140 1 rNUICa"FIONS, GENEFX/-%L- (-.'#OND1T11ONS, "COPE OFF WORK, CONTRACTOR SELECTION AND f-% f---, K I -r 0 A 1-1 -rAVVIA_,D M IN I I IN Lj Mandatory Proposers Meeting: Friday, June 19, 2009, 8:OOAM Proposals Due: Monday, July • 9:OOAM I- - i J CITY OF BALDWIN PARK Recreation and Community Services Building Maintenance Division 2009 TABLE OF CONTENTS Notice Inviting Sealed Proposals ........................................................... ............................... 4 Part 1 - Introduction and Instruction to Proposers ........................... ............................... 5 1. General Scope of Work ............................................................ ............................... 5 2. Mandatory Pre - Proposal Meeting ............................................. ............................... 5 3. Proposal Form .......................................................................... ............................... 5 4. Signature ................................................................................... ..............................6 5. Form and Deliver of Proposals ................................................. ............................... 6 6. Modifications ............................................................................ ............................... 6 7. Erasures Inconsistent or Illegible Proposals ............................. ............................... 6 8. Examination of Site and Contract Documents .......................... ............................... 6 9. Withdrawal of Proposals ........................................................... ............................... 7 10. Agreements and Bonds ............................................................ ............................... 7 11. Interpretation of Documents ...................................................... ..............................7 12. Proposers Interested ii More L11 One Proposal .................... ............................... 7 13. Award of Contract ..................................................................... ............................... 7 14. Competency of P roposers ........................................................ ............................... 8 15. Anti - Discrimination ................................................................... ............................... 8 16. Hold Harmless .......................................................................... ............................... 8 17. Insurance ................................................................................. ............................... 9 18. Routine Inspections .................................................................. ............................... 9 19. Performance of Work ............................................................... ............................... 9 20. Schedule of work and Hours of Operation ................................ ............................... 9 21. Contract Term ........................................................................ ............................... 10 22. Compliance with Applicable Statures, Ordinates and Regulations ........................ 10 23. Governing Law and Partial Invalidity ...................................... ............................... 10 24. City License ............................................................................ ............................... 10 25. Prevailing Wages ................................................................... ............................... 10 Part2 - General Conditions .............................................................. ............................... 11 1. Representatives ..................................................................... ............................... 1 2. Proposed Costs ...................................................................... ............................... 11 3. Contractor Staff /Employees & Workers .................................. ............................... 11 4. Work Schedule ....................................................................... ............................... 11 5. Vehicle Limitations ................................................................ ............................... 12 6. Traffic Control, Public Convenience and Safety ..................... ............................... 12 7. Waiver ...................................................................................... .............................12 8. Data to be Furnished by the Contractor ................................. ............................... 12 9. Contractors Operations/ Storage ............................................. ............................... 12 10. Office, Telephone & Radios ................................................... ............................... 12 11. Signage .................................................................................. ............................... 12 12. Independent Contractor .......................................................... ............................... 12 13. Contractor Customer Service Standards ................................ ............................... 13 Part 3 - Performance of the Work .................................................... ............................... 14 1. Performance of Work - General ............................................. ............................... 14 2. No Assign or Delegation ............................... ............................... .......................... 3. Defective Work ....................................................................... ............................... 14 4. Communications Regarding the Work .................................... ............................... 14 z 5. Emergency Work .................................................................... ............................... 14 6. Subcontractors ....................................................................... ............................... 14 7. Cooperation with Other Work Forces ..................................... ............................... 15 8. Protection of Property ............................................................. ............................... 15 9. Cleaning and environmental Controls .................................... ............................... 15 10. Recyclable Products ............................................................... ............................... 16 Part 4 — Technical Specifications Scope of Work: Janitorial Services ........................ 17 1. General .................................................................................... .............................17 2. Cleaning Products, Paper Goods and Supplies ..................... ............................... 17 3. Painted /Hard Surfaces and Fixtures ....................................... ............................... 17 4. Floors ..................................................................................... ............................... 17 5. Kitchens ................................................................................. ............................... 18 6. Restrooms, Locker Rooms and Jail ........................................ ............................... 18 7. Doors, Switch Plates and Drinking Fountains ........................ ............................... 19 8. Trash Receptacles ................................................................. ............................... 19 9. Windows, Glass Doors and Partitions .................................... ............................... 19 10. Dusting ................................................................................... ............................... 19 11. Office Furniture, Desks and File Cabinets..... ..... --- .............. ............................... 19 Part 5 — Minimum Frequency Schedule ........................................... ............................... 20 1. Schedule ................................................................................ ............................... 20 2. Daily Janitorial Services ......................................................... ............................... 20 3. Weekly ................................................................................... ............................... 22 4. Bi- Monthly Janitorial Services ................................................ ............................... 22 5. Monthly Janitorial Services ..................................................... ............................... 22 6. Quarterly Janitorial Schedule ................................................. ............................... 22 7. Building Security ..................................................................... ............................... 23 Agreement........................................................................................... ............................... 24 Listof References ................................................................................ ............................... 28 Proposal............................................... ............................... ........... 29 3 NOTICE INVITING SEALED PROPOSALS The City of Baldwin Park invites sealed proposals on the following: JANITORIAL MAINTENANCE SERVICES FOR CITY FACILITIES Sealed proposals will be received up to the hour of 9:OOAM at City Hall on the Second Floor Lobby on Monday, July 6, 2009. All proposals thus received will be publicly opened and declared in the Second Floor Lobby of City Hall (14403 East Pacific Avenue, Baldwin Park, California 91706). It is anticipated the proposals will be presented to the City Council soon thereafter for award of contract. The proposer's Packet, which includes the specifications, proposal sheet, and other documents, may be obtained from the Department of Recreation and Community Services at 4100 Baldwin Park Blvd., Baldwin Park, California 91706, (626) 813 -5245, extension 316 or E--mail at mmorenot D_baldwin park. corm. All proposers interested in additinnal information may contact Maria Moreno at (626) 813- 5245, extension 316 Monday through Thursday, between the hours of 7:OOAM and 3:30PM. LAURA NIETO, CMC Deputy City Clerk City of Baldwin Park Date INTRODUCTION AND INSTRUCTIONS TO PROPOSERS GENERAL SCOPE OF WORK: The scope of this contract shall be to furnish all labor, equipment, tools, cleansers and disinfectants to do all work necessary to perform the required janitorial services at the following locations: SITE ADDRESS City Hall; Council Chambers, Basement, 1st, 2" and 3r Floors 14403 E. Pacific Avenue Arts & Recreation Center ARC 14403 -B E. Pacific Avenue Esther Snyder Community Center, Morgan Park Restrooms and Julia McNeill Senior Center 4100 Baldwin Park Boulevard Teri G. Muse Family Service Center 14305 Morgan Street Teen Center & Skate Park 15010 Badillo Avenue Barnes Park Family Recreation Center 3251 Patritti Avenue Walnut Creek Nature Park 701 N. Frazier Avenue Hamilton City Yard 13135 Garvey Avenue NOTE: a. City will furnish storage areas for cleaning supplies and miscellaneous paper goods such as trashcan liners, toilet paper, paper towel, etc. b. All employees must submit to a complete background check through the State of California Department of Justice and the FBI. Said check must be completed prior to receiving access to secure areas or where children are present. It will be the responsibility of the contractor to arrange with the Baldwin Park Police Department for this process. C, In addition, a day porter shall be scheduled daily for general cleaning at the Police Department for a minimum of 2 hours during business hours. 2. MANDATORY PRE - PROPOSAL MEETING: A mandatory pre - proposal meeting is scheduled for 8:OOAM, Friday, June 19, 2009 for all interested proposers. All participants will assemble at the Esther Snyder Community Center, Meeting Room 1 located at 4100 Baldwin Park Blvd., Baldwin Park, CA. Proposers MUST ATTEND the pre - meeting to address questions and tour the two major facilities. 3. PROPOSAL FORM: All proposals must be on the forms furnished by the City, completed in full, and signed by the authorized representative of the organization providing the proposal. All items and statements shall be properly filled out. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall govern. The signatures of all persons signing the proposal shall be in long hand. Prices, wording, and notations must be in ink or typewritten. Erasures or other changes shall be noted over by signature of the proposer. 4. SIGNATURE: The proposal shall bear the signature of the person or persons duly authorized to sign the proposal. If proposer is a corporation, the legal name of the corporation shall first be set forth, together with to signatures: one form from the Chairman of the Board, the President, or Vice - President, and one form from the Secretary, Chief Financial officer, or Assistant Treasurer. Alternatively, the signatures of other authorized officers or agents may be affixed, if duly authorized by the corporation. The proposal shall include the title of such signatories below the signature and shall bear the corporate seal. In the event that the proposer is a joint venture or partnership, the proposer shall submit certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall be the agent of the joint venture or partnership who shall sign all necessary documents for the joint venture or partnership, and who shall act on all matters relative to the contract resulting therefore for the joint venture or partnership. If proposer is an individual, his signature and post office address must be shown. 5. FORM AND DELIVER OF PROPOSALS: The complete proposal shall be enclosed in a sealed envelope, addressed and delivered or mailed to the City, and must be received on or before the time set forth in the notice calling for proposals for the opening of proposals. The envelope shall be plainly marked in the upper left hand corner with the proposer's name, the contract designation, and the date and time for the opening of proposals. It is the proposer's sole responsibility to ensure that its proposal is received prior to the scheduled closing time for receipt of proposals. Any proposal received after the scheduled closing time for receipt of proposals shall be returned to the proposer unopened. At the time set forth in the notice calling for proposals for the opening of proposals, the sealed proposals shall be opened and read aloud at the City's offices. 6. MODIFICATIONS: Changes in or additions to the proposal form, recapitulations of the work proposal upon, alternative proposals or any other modification of the proposal form which is not specifically called for in the contract documents may result in the City's rejection of the proposal as not being responsive to the invitation to proposal. 7. ERASURES INCONSISTENT OR ILLEGIBLE PROPOSALS: The proposal submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency, and is suitably authenticated by signatures of the person or persons signing the proposal. In the event that City determines that any proposal is unintelligible, inconsistent or ambiguous, the City may reject such proposal as not being responsive to the invitation to proposal. 8. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: At its own expense and prior to submitting its proposal, each proposer shall examine the contract documents; visit the site and determine the local conditions which may in any way affect the performance of the work, including the prevailing wages and other relevant factors; familiarize itself with all Federal, State and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; determine the character, quality, and quantities of the work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with the requirements of the contract documents. The contract documents show and describe the existing conditions as they are believed to be, and City shall not be liable for any loss sustained by the proposer resulting from any variance between the conditions and design data given in the contract documents and the actual conditions revealed during the proposer's examination or during the progress of the work. 9. WITHDRAWAL OF PROPOSALS: Any proposal may be withdrawn, either personally or by written request, at anytime prior to the scheduled closing time for receipt of proposals. 10. AGREEMENTS AND BONDS: The agreements form which the successful proposer, as Contractor, will be required to execute, and the form of the payment proposals which such Contractor will be required to furnish in accordance with Civil Code Section 3247 prior to execution of the Agreement, are included in the contract documents and should be carefully examined by the proposer. Unless otherwise specified, the payment bond shall be in the amount of fifty percent (50 %) of the amount of the contract. The Contractor may also be required to furnish a performance bona in the amount of one hundred percent (100 %) of the contract and in the form included in the contract documents, and certificates of insurance as required in the contract, all prior to execution of the contract. 11. INTERPRETATION OF DOCUMENTS: If any prospective proposer is in doubt as to the true meaning of any part of the contract documents, or finds discrepancies in, or omissions from same, a written request for an interpretation or correction thereof may be submitted to the City. The pProposer submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued by the City, and a copy of such addendum will be mailed or delivered to each pProposer receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents, nor shall any oral interpretation be binding on the City. 12. PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL: No person, firm or corporation shall be allowed to make, or file, or be interested in more than one proposal for the same work unless alternate proposals are specifically called for. A person, firm or corporation that has submitted a sub proposal to a proposer, or that has quoted prices of materials to a proposer, is not thereby disqualified from submitting a proposal or quoting prices to other proposers or making a prime proposal. 13. AWARD OF CONTRACT: City reserves the right to reject any or all proposals, or to waive any irregularities or informalities in any proposal. The award of the contract, if made by the City, will be by action of the City Council and to the proposer which the City Council determines can best fulfill the City's requirements and for which the public interest is best served. In making its determination, the City Council will use the following criteria, in no particular order of importance: a. Knowledge of the actual team to provide the work. b. References of the proposer c. Cost of services d. Apparent understanding of the proposer of the services needed by the City 14. COMPETENCY OF PROPOSERS: In selecting the successful proposer, consideration will be given not only to the financial standing, but also to the general competency of the proposer for the performance of the work covered by the proposal. By submitting a proposal, each proposer agrees the City, in determining the successful proposer and its eligibility for the award, may consider the proposer's experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the proposer's performance of the work. City reserves the right to reject the proposal of any proposer who does not pass the evaluation to the satisfaction of the City. No proposal will be accepted from a proposer who is not properly licensed in accordance with applicable State law. 15. ANTI- DISCRIMINATION: It is the policy of the City in connection with all work performed under contracts, there be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical cnnrlitinn The prop ---agree to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900 and Labor Code Section 1735. 16. HOLD HARMLESS: The selected proposer shall defend, indemnify and hold harmless City, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, which may be incurred by reason of: a. Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the selected proposer upon or in connection with the work called for in this Agreement, except for liability resulting from the sole negligence, or willful misconduct of the City, its officers, employees, agent or independent contractors who are directly employed by the City, and except for liability resulting from the active negligence of the City. b. Any injury to or death of persons or damage to property caused by any act, neglect, default of the selected proposer, or any person, firm or corporation employed by the selected proposer, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including City, arising out of, or in any way connected with the work covered by this Agreement, whether said injury or damage occurs either on or off City property, if the liability arose from the negligence or willful misconduct of anyone employed by the selected proposer, either directly or by independent contract, and not by the active negligence of the City. C. The selected proposer, at selected proposer's own expense, cost, and risk shall defend: At City's request, any and all actions, suits or other proceedings that may be brought or instituted against City, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered a against City, its officers, agents or employees in any action, suit or other proceedings as a result thereof. 17. INSURANCE: selected proposer shall secure, maintain in full force and effect and bear the cost of complete Workers' compensation Insurance in accordance with the Labor Code, for the duration of the project or contract and shall furnish to the City prior to the execution of the contract, a certificate of Workers' Compensation Insurance, which meets the requirements of Section 3700 of the Labor Code. Neither City nor any of its officers or employees shall be responsible for any claims or suit in law or equity occasioned by the failure of the selected proposer to comply with the provisions of this paragraph. During the performance of the work and until its acceptance by City, selected proposer shall maintain in force public liability and property damage insurance in an amount acceptable to City's Risk Manager to cover all awards judgments for any death, injury, loss or damage arising out of the performance of the work by selected proposer. Public liability insurance shall be in an amount of not less than Three Million Dollars ($3,000,000) for injuries, including accidental death, to any one person or one accident. Property damage insurance shall be in an amount of not less than Three Million Dollars ($3,000,000). Such insurance shall have the City of Baldwin Park as the named co- insured. The selected proposer shall furnish the City concurrently with execution of the contract a valid endorsement of Liability Insurance and Workers' Compensation in the amounts prescribed. 18. ROUTINE INSPECTIONS: The Director of Recreation and Community Services or his authorized agent shall at all times have access to the work, and shall be furnished with every reasonable facility for ascertaining full knowledge regarding the workmanship and equipment used and employed in the work. The inspection of the work shall not relieve the selected proposer of any of his obligations to fulfill the contract. 19. PERFORMANCE OF WORK: The selected proposer shall furnish all materials, tools equipment, safety equipment and labor necessary to perform in a good and workmanlike manner, the work as called for, in the manner designated in, and in strict conformity with, the instructions for said work. For non - performance or non - compliance, City shall withhold compensation for any period during which the selected proposer fails, in total or in part, to satisfactorily perform the full scope of work as set forth in the contract documents. 20. SCHEDULE OF WORK AND HOURS OF OPERATION: The selected proposer shall complete all of the work as during non - operation hours as indicated for each facility on page 20 and shall provide a schedule at the commencement of the contract as indicated in the Minimum Frequency Schedule. 21. CONTRACT TERM: The contract shall be valid for 24 months for the work as described in the proposal and specifications and may be terminated at any time by a 9 majority vote of the City Council. At the option of the City, the Agreement may be extended for four additional one -year terms based upon acceptable performance by the selected proposer, acceptable fees and subject to the same terms and conditions of the Agreement. Pricing is to remain firm for the initial contract term. If the option to renew for additional years is exercised, then the City and selected proposer shall negotiate any and all price modifications but no increase shall exceed the CPI for the 24 -month period immediately preceding the date of the commencement of the extended term. The contract shall not be assignable or transferable by either party without the express written consent of the other party. 22. COMPLIANCE WITH APPLICABLE STATURES, ORDINANCES AND REGULATIONS: The selected proposer shall comply with all applicable Federal, State of California, Los Angeles County and City statutes, ordinances and regulations. 23. GOVERNING LAW AND PARTIAL INVALIDITY: The laws of the State of California shall govern � this Agreement. If any provision in the contract is held by any court to be invalid, void or unenforceable, then the remaining provisions shall nevertheless continue in force. 24. CITY LICENSE: The successful proposer will be required to have or obtain and maintain a valid City of Baldwin Park Business License. Subcontractors are also required to obtain and maintain a valid City of Baldwin Park Business License. 25. PREVAILING WAGES: Prevailing wages as prescribed by the Labor Code of the State of California and as published by the Department of Industrial Relations shall apply for the various job classifications employed in this work. 10 Part 2 GENERAL CONDITIONS 1. REPRESENTATIVES: The Director of Recreation and Community Services shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. Instructions and information given by the Director to the designated representative of the selected proposer (the "Contractor ") shall be the same as if communicated directly to the Contractor. The decision(s) of the Director shall be final and binding on all questions concerning the acceptability of materials, supplies or machinery, the classification of materials or supplies, and execution of the work. The Director will make periodic observations of materials and completed work to observe their compliance with the Contract Documents, but he /she is not responsible for the site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about thle site of work. 2. PROPOSED COSTS: The monthly prices and lump sum amounts to be paid for the areas listed in the Compensation Schedules shall include full compensation for furnishing all labor, cleaning supplies, vehicles, equipment and incidentals necessary to complete the work under the Contract. This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, mobilization, public convenience and safety, storage of equipment and materials, security against theft and vandalism, clean -up and all other items incidental to the work. 3. CONTRACTOR STAFF /EMPLOYEES & WORKERS: The Contractor shall provide sufficient personnel to perform all work in accordance with this RFP. At no time, will the Contractor allow its crew to be diminished in size or labor hours so as to not effectively complete the assigned maintenance tasks. A qualified, English - speaking foreman in the employ of the Contractor shall supervise all of the Contractor's maintenance personnel. At least one (1) member of each crew working at each site shall be able to communicate both orally and in writing in English and a crew shall consist of no less than two (2) employees. At no time, shall the Contractor provide less than two persons at each site. Contractor shall require employees to wear a uniform identifying them as an employee of the Contractor while working in the City. This shall include proper work shoes and uniform clothing with a name badge and photo ID. If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out the directions of the Director, or is in the opinion of the Director, incompetent, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he /she shall be discharged from the facility immediately, and shall not again be employed on the work except with the written consent of the Director. 4. WORK SCHEDULE: The Contractor shall accomplish all maintenance required under this RFP between the hours of 10:OOPM and 5:OOAM, Monday through Sunday including holidays, except as where noted in the Minimum Frequency Schedules. Exceptions may be made to normal work hours where incidence of use may be too great during the specified hours to allow for proper maintenance. The City may grant, on an individual basis, permission to perform maintenance at other hours. Special 11 notification listing exact dates for infrequent operations shall be furnished to the Director at least five (5) days prior to performing these operations. The City shall have the authority to suspend the work, wholly or in part, for such a period as may be deemed necessary due to renovation or construction, or to such other conditions as are considered unfavorable for the suitable prosecution of the work. 5. VEHICLE LIMITATIONS: The Contractor shall at no time drive vehicles on turf for any reason unless prior authorization has been granted. 6. TRAFFIC CONTROL, PUBLIC CONVENIENCE AND SAFETY: The Contractor shall conduct its operations so as to offer the least possible obstruction and inconvenience to the public, and shall have underway, no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. 7. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 8. DATA TO BE FURNISHED BY THE CONTRACTOR: The Contractor shall furnish the Director with such information as it may desire respecting the progress and manner of the work, including all information necessary to determine its costs, such as the number of persons employed, their pay, the time during which they worked on site and other pertinent data. This may be requested at any time, and must be turned over to the City within five (5) days of request. 0. CONTRACTORS OPERATIONS /STORAGE: Storage space for small equipment will be provided by the City, any other needs required for its maintenance operations, should be provide by the Contractor at its own expense. City will furnish storage areas for cleaning supplies and miscellaneous paper goods such as trash liners, toilet paper, paper towels, etc. 10. OFFICE, TELEPHONE & RADIOS: Contractor is required to maintain an office and provide telephone service so that all calls from the City have no toll charge. If a telephone answering service is utilized, the answering service shall be capable of contacting Contractor by radio or pager. Contractor staff shall be capable of communicating with City staff using cellular phones. 11. SIGNAGE: Contractor shall display a sign indicating Contractor's name and license number on both sides of all maintenance vehicles. All signs used by the Contractor shall be kept "Graffiti Free" at all times. Contractor shall not post advertising signs and /or banners within the maintained areas. Contractor shall remove all unauthorized signs and advertising within the maintained areas. 12. INDEPENDENT CONTRACTOR: The Contractor in the performance of the work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. M 13. CONTRACTOR CUSTOMER SERVICE STANDARDS: The Contractor shall at all times represent the City in a professional, friendly and efficient manner. 13 Part 3 PERFORMANCE OF THE WORK PERFORMANCE OF WORK — GENERAL: Contractor shall, at its own cost and expense, furnish all necessary materials, supplies, labor, transportation, and equipment for doing and performing work required under this RFP. Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both work and materials will meet fully the requirements of this RFP. 2. NO ASSIGNMENT OR DELEGATION: Contractor shall not assign or delegate the duties or obligation under this Contract or its interest therein in whole or in part without the prior ;n;ritten Consent of the City, which may be Withheld at the City's sole discretion. 3. DEFECTIVE WORK: The Contractor shall redo at its own expense any part of the work that has been improperly executed, even though it has been included in the monthly estimates. If Contractor refuses or neglects to redo such defective work, prior to acceptance of the work, the City at the expense of the Contractor, plus 30% for overhead expenses may perform it, and Contractor's sureties shall be liable. 4. COMMUNICATIONS REGARDING THE WORK: After award of the Contract, all communications regarding the work covered by this RFP shall be addressed and mailed, or hand delivered to: Maria Moreno Acting Operations Supervisor City of Baldwin Park 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 5. EMERGENCY WORK: In case of an emergency that threatens loss or injury of property, and /or safety of life, the Contractor shall act, without previous instructions from the City, as the situation may warrant. Contractor shall notify the City of the emergency and the action taken immediately thereafter. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from Contractor's payment as provided in the Contract Documents. The performance of emergency work by City forces will not relieve the Contractor of any of its responsibilities, obligations, or liabilities under the Contract. 6. SUBCONTRACTORS: All subcontracts, if any, shall contain a reference to the Contract between the City and the Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby. Nothing contained in this RFP shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be considered the employer of any subcontractor, and is fully responsible to the City for the acts and omissions of persons employed by them as he /she is for the acts and omissions 14 of persons directly employed by Contractor. The Contractor shall be responsible for the coordination of the subcontractors, and material suppliers engaged upon its work. It shall be Contractor's duty to see that all of its subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers are remedied at Contractor's expense. The City will not undertake to settle differences between the Contractor and its subcontractors or between subcontractors. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the work, which are specified to perform by specialty Contractors. 7. COOPERATION WITH OTHER WORK FORCES: The City reserves the right to perform other work at or near the maintenance areas at any time by the use of its own forces or other contractors. Other contractors, utilities and /or public agencies and their contractors, and City personnel may be working in the vicinity during the Contract term. There may be some interference between these activities and the work completed under this RFP. The Contractor shall cooperate and coordinate its Wr%rk with that of other work forces to assure timely completion of work. 8. PROTECTION OF PROPERTY: The Contractor shall safely guard all public and private property or improvements from damage or loss in connection with this Contract at all times. Should any facility, structure, or property be damaged during operations of the Contractor, it shall immediately notify the proper owners or authorities. The Contractor shall pay all damages and losses incurred. Without exception, all exterior doors are to remain locked while the Contractor is in the building. Doors are to be locked and alarms set when the building is vacated following completion of work. Contractor shall be responsible for all costs associated with their failure to set the alarm or secure any facility (i.e. false alarm fees, stolen items or equipment, damage repairs, etc.). Contractor shall be issued keys to all facilities prior to the start of the work. in the event keys are lost or stolen while in Contractor's care, Contractor shall be responsible for all costs associated with the re- keying of any and all facilities, and duplication of keys for all authorized personnel. The Contractor shall be responsible for any materials, equipment and /or supplies so furnished and for the care of all work until its completion and final acceptance. Contractor shall at its own expense replace damaged or lost materials and repair- damaged parts of the work. 9. CLEANING AND ENVIRONMENTAL CONTROLS: Maintain areas free of waste materials, debris, and rubbish. Maintain sites in a clean and orderly condition. Remove waste materials, debris and rubbish from site and dispose of all trash. The Contractor shall take appropriate action to ensure that no dust originates from the maintained areas. Water containing mud, silt, or other pollutants from activities, shall not be allowed to enter the storm drains or surrounding landscaped areas. An approved NPDES recovery system must be used. Any equipment or vehicles driven and /or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be deleterious to aquatic life. The Contractor shall comply with all litter and pollution laws. All Contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Contractor to ensure compliance. 15 10. RECYCLABLE PRODUCTS: The Contractor is encouraged to support the City of Baldwin Park in recycling efforts. All recyclable trash containers are to be empty to its appropriate trash bin. We also encourage the use of green sealed cleaning products, whenever possible. 16 Part 4 TECHNICAL SPECIFICATIONS SCOPE OF WORK: JANITORIAL SERVICES 1. GENERAL: The work to be done consists of complete and thorough janitorial maintenance of the City's facilities. Said maintenance shall include but not be limited to: community centers, kitchens, restrooms, locker rooms, pool, elevators, stairways, gymnasiums, offices, meeting rooms, jail and classrooms; carpet and upholstery cleaning; cleaning and polishing drinking fountains and other metal surfaces; window washing, litter and debris removal; restocking restroom and kitchen, soap and paper supplies, clean, sweep, dry mop, wet mop, strip, wax, sanitize, scrub and vacuum floors; clean, scrub and maintain walls; clean ceiling vents; remove cobwebs; clean window sills, windows, light fixtures, plumbing fixtures and window coverings; and other maintenance required to maintain the facilities listed in the RFP. All facilities are to be cleaned and prepared for business by 6:OOAM. 2. CLEANING PRODUCTS, PAPER GOODS AND SUPPLIES: Contractor shall provide all labor, equipment, tools, cleansers, and disinfectants to do all work necessary to perform the required janitorial services. 3. PAINTED /HARD SURFACES AND FIXTURES: The Contractor shall thoroughly wash all interior painted surfaces with an approved cleaner, in accordance with the Minimum Frequency Schedules. Additionally, walls and counter surfaces shall be spot cleaned as needed to remove spills, finger marks, ink and pencil marks, and other dirty areas. Counter surfaces will be polished twice per week, or more often if necessary to maintain a clean surface area. Mirrors, powder shelves, plumbing fixtures, light fixtures, and ceiling grates, etc., shall be cleaned and dusted in accordance with the Minimum Frequency Schedules. All increased cleaning schedules for specialty areas are included In the IVfllnlrnum Frequency SvheM%A'- All JL"11M-�s steel Jurfaces shall be cleaned and polished with an approved polish. All basins, counter tops, fixtures, toilet bowls, and urinals shall be cleaned with an approved germicidal detergent solution. All dispensers shall be cleaned and disinfected and refilled with approved solutions. 4. FLOORS: Restroom floors shall be thoroughly cleaned with an approved germicidal detergent solution. Floors shall be waxed and polished as requested by the City to maintain a high luster gloss finish. Special attention shall be paid during floor cleaning and waxing to remove grout stains and to prevent wax from becoming built up at the base of the fixtures and on baseboards. All non -skid mats shall be rinsed and disinfected daily. Carpeted areas and rugs shall be thoroughly vacuumed daily and any staples, paperclips, etc., shall be removed from the floor. Carpet stains shall be spot cleaned with rug spotter at the time of detection. Carpeted surfaces shall be cleaned as needed to maintain a clean appearance. Doormats and chair mats shall be cleaned concurrently with vacuuming. Carpet cleaning methods shall be consistent with carpet 17 manufacturer's recommendations or as otherwise approved the by Director. All carpeted areas shall be thoroughly cleaned quarterly. Hard surface floors shall be swept and /or dust mopped using dust control sweeping mops. Special attention shall be paid during floor cleaning and waxing to prevent wax from becoming built up on baseboards. All hard surface floors shall be stripped and waxed in accordance with the Minimum Frequency Schedule, or more often if necessary to maintain a high luster finish. All baseboards and molding strips shall be cleaned as needed to remove stains, spots and dust. Wood floors shall be maintained in accordance with the manufacture's recommendations. Concrete floors shall be maintained in a manner consistent with composite flooring material. Gymnasium floors shall be cleaned with a City approved cleaner and specially treated dust mops. Remove trash, debris and spillages i� � areas arou� �d a� �d u� Eder bleachers. Dry mop /sweep gymnasium floors, including door thresholds /plates daily. Heel marks shall be removed from all floors upon detection. 5. KITCHENS: Kitchen floors shall be thoroughly cleaned with a germicidal detergent solution. Floors shall be waxed and polished as requested by the City to maintain a high luster gloss finish. Special attention shall be paid during floor cleaning and waxing to remove grout stains and to prevent wax from becoming built up at the base of the fixtures and on baseboards. Exterior surfaces of all appliances, including stove, refrigerator and microwave shall be cleaned daily. Sinks shall be thoroughly cleaned using an approved detergent. Floor drains shall receive an enzyme treatment weekly or more often if requested by the City. 6. RESTROOMS /LOCKER ROOMS AND JAIL: The Contractor shall clean basins, fixtures, countertops, partitions, toilet bowls an-a' urinals with an approved germicide detergent solution daily. All restroom dispensers shall be disinfected and refilled daily. Waterless urinals shall be cleaned with approved cleaner. All paper and soap supplies shall be restocked as needed, including toilet tissue, hand soap, seat covers, sanitary supplies and deodorizers. The Contractor shall wash and polish mirrors, powder shelves, bright work, etc., including flushometer, piping and toilet seat hinges, light fixtures, disposal bins and tops of stall partitions. Both sides of toilets shall be washed daily with an approved germicidal solution. The Contractor shall report any leaks or plugged drains to the Director upon discovery. Spit wads and other debris on ceilings and walls shall be removed daily. Walls and ceiling shall be cleaned as needed to maintain a clean surface. All restroom drains shall receive an enzyme treatment weekly or more often if requested by the City. Enzyme products must be approved by City prior to use. 18 Deodorant aerosol cans shall be replaced as needed. 7. DOORS, SWITCH PLATES AND DRINKING FOUNTAINS: All doors, door frames, kick plates, door hardware, switch plates, and drinking fountains shall be cleaned on a daily basis to remove any spillage, smudge marks, and ink and pencil marks. Stainless steel and brass hardware shall be cleaned and polished as needed to maintain a shiny appearance and to prevent scale and rust from forming. Drinking fountains shall be kept clean at all times. Every instance of damage and /or inoperable drinking fountains shall be reported to the Director. 8. TRASH RECEPTACLES: The Contractor shall empty all trash receptacles and replace liners daily. All trashcan liners shall be replaced at Contractor's expense. Trashcans shall be wiped down to remove spills, smudges or ink/pencil marks as needed. Trashcans shall be steamed cleaned at least monthly. 9. WINDOWS, GLASS DOORS AND PARTITIONS: The Contractor shall clean all interior and exterior windows in accordance with the Minimum Frequency Schedule. Finger marks, smudges, and spills shall be cleaned from all glass surfaces and mirrors at the time of detection. Cleaners shall be non - abrasive and special care shall be taken so that glass treatment (tinting) is not scratched, damaged or removed. 10. DUSTING: The Contractor shall dust all exposed surfaces daily, including desks, filing cabinets, cabinets, tables and chairs, telephones, bookcases and other office equipment using specially treated dust cloths or feather dusters, with the exception of desks and tables covered with papers and other work materials. Desk or cabinet tops will be thoroughly cleaned when left cleared. High dusting shall be performed monthly and shall include tops of doorframes, partitions, air vents, overhead shelves, special molding, and inside of florescent light coverings. All blinds shall be cleaned (dusted and washed) monthly. Vending machines shall be dusted on a weekly basis. 11. OFFICE FURNITURE, DESKS AND FILE CABINETS: The sides of all furniture shall be cleaned and waxed to remove smudges and /or marks on an as needed basis. Contractor is not to disturb any computers, papers, folders, etc., on desks. Desks are to be thoroughly cleaned when all items are removed from desk surfaces. All upholstered furniture shall be vacuumed twice monthly, or more often if necessary, to maintain the fabrics in a dirt and spot -free manner. 19 E Part 5 MINIMUM FREQUENCY SCHEDULE QrW=n1 11 P. SITE SERVICE DAYS SERVICE TIME City Hall: Council Chambers 2 Days (T & Thurs.) 12:OOAM to 4:OOAM Basement 7 Days 8:OOPM to 4:OOAM Directed by staff 1St 7 Days 8:OOPM to 4:OOAM Directed by staff - Day Porter 2hrs. Police Dept. 2nd 4 Days (M- Thurs.) 8:OOPM to 4:OOAM 3`d Floors 4 Days (M-Thurs.) 8:OOPM to 4:OOAM Arts & Recreation Center 7 Days 8:OOPM to 4:OOAM Historical Society 2 days Tues. & Thurs.). 8:OOPM to 4:OOAM Esther Snyder Community Center 7 Days 10:OOPM to 5:OOAM Aquatic Center 6 Days (Sun. -Fri.) 9:OOPM to 5:OOAM Day Care Center 5 Days (M -Fri.) 7:OOPM to 4:OOAM Morgan Park Restrooms 7 Days 10:OOPM to 7:OOAM _lulia McNeill Senior Center 7 Days 12:30AM to 6:OOAM Teri G. Muse Family Service Center 6 Days Sun. -Fri. 10:OOPM to 6:OOAM Teen Center & Skate Park 7 Days 10:OOPM to 6:OOAM Skate Park Restrooms 7 Days 10:OOPM to 6:OOAM Playground Restrooms 7 Days 10:OOPM to 6:OOAM Barnes Park Family Rec. Center 6 Days (Sun. -Fri.) 9:OOPM to 5:OOAM Restrooms 7 Days 9:OOPM to 5:OOAM Walnut Creek Nature Park Restrooms 7 Days 9:OOPM to 6:OOAM Hamilton City Yard 5 Days (M -F) 6:OOPM to 4:OOAM Outside Restrooms 7 Days 6:OOPM to 5:OOAM Mechanic Shop 4 Days M- Thurs.` 6:OOPM to 5:OOAM 2. DAILY JANITORIAL SERVICES: General Facilities: • Dust all desks, tables, chairs, filina cabinet tops, cabinets, telephones, bookcases and other office equipment using specially treated dust cloths or feather duster. • Feather dust around computers and computer equipment. • Empty and reline all interior wastebaskets and trashcans. Place trash in trash dumpsters. Wipe inside and outside of trashcans and spray with disinfectant. • Empty and reline exterior trashcans in the Police Department parking lot, north entrance, compound area and around City Hall. • Damp wipe glass top desks or counter areas. • Remove fingerprints, smudges and spills from glass windows, doors and partitions, and mirrored walls. • Remove smudges from doors, doorframes, handles, knobs, bars, and woodwork and wall switches. • Clean, polish and sanitize drinking fountains. • Remove finger marks, ink marks and smudges from tabletops, walls and counters. • Clean hard surface areas, partitions, doors, stairways, elevators and walls, etc. • Clean windowsills and ledges. • Clean baseboards and molding strips. • Remove cobwebs. 20 • Restock paper towel, toilet paper, seat covers and hand soap dispensers. • Wash tables and chairs when necessary. • Return all chairs to proper locations. • Clean door thresholds /plates and door frames. • Clean bleachers, and remove trash, debris and spillages in areas around and under bleachers. • Wipe down padded surfaces /mats. • Mop mats with disinfectant. • Clean showcases and directories. • Clean the interior and exterior on elevator cabs. • Clean and polish stainless steel surfaces and fixtures. • Notify City of any graffiti that cannot be removed with normal cleaning solutions. Kitchens: • Thoroughly germa -clean kitchen with approved disinfectant. • Clean exterior surfaces of all appliances (i.e. microwaves, stoves, refrigerators, etc.) • Clean sinks, counters, cabinets and fixtures. No cleaning of dishes, silverware, or coffeepots will be required. • Spot clean doors and walls. • Clean floor drains. • Notify City of any leaks or plugged drains. Restrooms /Locker Rooms and Jail: • Clean restroom floors with germicidal detergent solution. • Locker rooms and shower walls and floors with a fungicide. • Clean basins, countertops, fixtures, toilet bowls and urinals with germicidal detergent solution. • Clean and disinfect waterless urinals with proper cleaner only. • Clean, disinfect and refill restroom dispensers (paper goods, soap). Restock toilet tissue, hand soap, seat covers, paper towels, sanitary supplies and deodorizers. Toilet tissue to be replaced when more than 1/3 of the roll is gone. • Wash and polish mirrors, powder shelves, bright work, etc., including flushometer, piping and toilet seat hinges, light fixtures, disposal bins and tops of stall partitions. • Wash both sides of toilet seats with germicidal solution. • Spot clean restroom doors, walls and partitions. • Notify City of any leaks or plugged drains. • Remove all spit and paper wads from ceilings, walls, partitions, etc. • Remove grout stains. • The cleaning services in the jail will be at the direction of the jailer who will be in charge of providing access to all rooms within the jail area. All fixtures, walls, floors, etc., are to be thoroughly cleaned in accordance with the specifications found herein. 21 Floors: • Sweep and /or dust mop all hard surfaces using dust control sweeping mops. • Clean and vacuum floor mats. All non -skid mats shall be rinsed and disinfected. • Wet mop hard surfaces and composite floors with a City Facilities Manager approved cleaner. • Vacuum carpets and rugs COMPLETELY. Remove any staples, paper clips, confetti, etc., from carpets. • Clean locker rooms floors with a fungicide. • Sweep with chemically treated dust mop including gym. • Vacuum carpets in all areas and spot clean carpet stains with rug spotter. • Remove any spillage on floors. • Remove heel marks. • Pour clean water in all floor drains to flush traps. 3. WEEKLY JANITORIAL SERVICES: • Clean and dust vending machines. • Power wash locker rooms flooring and the areas. • Polish counter surfaces to maintain clean surface area. 4. BI- MONTHLY JANITORIAL SERVICES (Twice Per Month): • Polish all metal doorframes and kick plates. • Vacuum all upholstered furniture, such as desk chairs and guest chairs, etc. • Dust all blinds and window coverings. • Steam clean exterior concrete restroom floors. • Clean and dry interior windows and glass doors. • Perform high dusting, such as tops of doorframes, partitions, air vents, overhead shelves, book cases, cabinets, special molding, etc. • Clean all basketball backboards. • Clean inside /outside of florescent light covers. 5. MONTHLY JANITORIAL SERVICES: • Steam clean trashcans. • Clean roof top skylights. • Vacuum and wipe down all ceiling vents. Remove and wash as needed. • High dusting main lobbies (above 8 ft). • Clean all basketball backboards so as to remove blemishes from hand print and ball strikes. • Machine scrub all interior restroom floors. • Clean and dry exterior windows and glass doors, including hard water deposits. • Clean and machine polish hard surface floors. 6. QUARTERLY JANITORIAL SCHEDULE: • Strip, wax and machine polish tiles and all hard surface floors. • All carpeted areas shall be thoroughly cleaned stain free. • Scrub and wash janitor's room. 22 • Clean Upholstery with approved cleaner. 7. BUILDING SECURITY: • All exterior doors are to remain locked while cleaning crew is in the building. NO EXCEPTIONS. • Secure all exterior and interior doors and windows. Turn off all but security night lighting. • Reset alarms when leaving the buildings. 23 AGREEMENT THIS AGREEMENT made and entered into this day of 2009, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY ") and (hereinafter" CONTRACTOR "): WITNESSETH: The parties hereto do agree as follows: (1) RECITALS: This Agreement is made and entered into with respect to the following facts: (a) CITY has heretofore requested proposals for janitorial services as specified herein and accordance with the Request for Proposals; and (b) CONTRACTOR has a proposal to provide such services; and (c) The City Council of CITY has heretofore determined, in accordance vVith all applicable laws, CONTRACTOR'S proposal best serves the public interest and has awarded an agreement to CONTRACTOR to provide such services; and (d) CONTRACTOR is fully qualified to perform the work as hereinafter described. (2) CONTRACTOR DOCUMENTS: The following documents, incorporated herein by this reference shall constitute the contract documents referred to in this Agreement. (a) Notice Inviting Sealed Proposals dated (b) Introduction and instructions to Proposers (c) Parts 1 — 4 of the Request For Proposals dated (d) Contractor's Proposal dated (e) Workers Compensation Certificate (f) Liability Insurance Certificate (3) NATURE OF WORK: CONTRACTOR agrees to furnish all materials, tools, equipment, apparatus, transportation, labor and service necessary to perform and complete in a good and workmanlike manner the services in the manner designated in the Agreement and the contract documents. (4) TERM OF AGREEMENT: This Agreement shall commerce on the effective date and shall be valid for a period of twenty -four (24) months thereafter. The Agreement may be terminated at anytime by a majority vote of CITY's City Council. The Agreement shall not be assignable or transferable by either party without the express written consent of the other party. CITY reserves the right to negotiate an extension to the initial contract for four additional twelve -month (12- month) periods prior to expiration of the contract. [Note: See section 22 of Part 1 of the RFPJ (5) INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnity CITY and City's officers, agents and employees against all claims, demands, actions and suits brought against any of them arising from CONTRACTOR'S actions or omissions related to this Agreement. 24 (6) APPLICABLE LAW: This Agreement shall be governed by the law of the State of California. (7) ATTORNEY'S FEES: If any legal action is taken related to this Agreement by either party, then the prevailing party shall be entitled to recover reasonable attorney's fees and court costs. (8) INTEGRATED AGREEMENT: This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. (9' ) EFFECTIVE DATE: This Agreement shall be effective on the date it is signed on behalf of CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Date W Mayor Date Contractor: Signature Name Title Signature Name Title [NOTE: If the contractor is corporation we need to have two officers of the corporation sign the agreement] 26 NON - COLLUSION AFFIDAVIT The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Collusion Business Address Place of Residence Subscribed and sworn to before me this My Commission expires Signature of Bidder T:4-1.. IRe Date 27 day of, Notary Public in and for the County of Los Angeles, State of CA le LIST OF REFERENCES Provided at least five (5) references representing a good sample of the vendor's customers (i.e., new customers if less than 5 years, customers of 5 years or more and customers of 10 years or more). If any customers are municipalities or governmental agencies, please list them. NAME OF HOW TELEPHONE NAME OF COMPANY LONG NUMBER CONTACT (YEARS) OF PERSON COMPANY 28 . i s Proposer Name: The above -named Proposer, having examined the proposed Contract Documents and having visited the sites and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, supplies and equipment, and to perform operations necessary to complete the work as required by proposed Contract Documents. ITEM NO. LOCATION APPROX. SQ. FT. MONTHLY PRICE 1 City Hall 85,000 $ 2 Arts & Recreation Center 15,000 $ 3 Esther Snyder Community Center 54,000 $ 4 Teri G. Muse Family Service Center 5,150 $ 5 Teen Center & Skate Park 9,200 $ 6 Barnes Park Family Recreation Center 3,500 $ 7 Walnut Creek Nature Park 750 $ 8 Hamilton City Yard 10,000 $ TOTAL COST PER MONTH $ TOTAL ANNUAL COST $ THE ANNUAL SUM (spell out amount): Signature Print Name Title Company 29 TO: Honorable Mayor and Members of the y Council FROM: Vijay Singhal, Chief Executive Office ` DATE: June 3, 2009 SUBJECT: RESOLUTION NO. 2009 -023 FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND UNFUNDED MANDATES ARE ADOPTED BY THE S T ATE OF CALIFORNIA ME--•M The purpose of this report is to request City Council adopt Resolution No. 2009 -023 declaring severe fiscal hardship if certain mandates are adopted by the State of California. BACKGROUND AND DISCUSSION On May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital service. In order to start that process, the Governor would have to issue a proclamation declaring the existence of a "severe fiscal hardship." The legislature would then have to implement the "borrowing" program by passing urgency legislation (2/3 vote; which identifies how the "loan" will be repaid with interest. Since the state began taking property tax funds in the early 1990s, the City of Baldwin Park's cumulative losses, even after deducting payments received from Prop 172 public safety sales tax and the state COPS grant program is $10,462,492. During these already difficult economic times, the City of Baldwin Park has continued to offer new programs for the benefit of its community members. Additional "borrowing" of funds by the State could potentially have a negative impact the availability of these services and programs. Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2009 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING A. SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA." Attachment • Resolution No. 2009 -023 • Report from www.californiacityfinance.com RESOLUTION NO. 2009 -023 A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in FY 2007 -08 alone the state seized $895 million in city property taxes statewide to fund the state budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008 -09; and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes to fund the state budget; and WHEREAS, on May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past the Governor has called such "borrowing" proposals fiscally irresponsible because the state will find it virtually impossible to repay and it would only deepen the state's structural deficit, preventing the state from balancing its budget; and Resolution No. 2009 -023 Page 2 WHEREAS, the Legislature is currently considering hundreds bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, state agencies are imposing, or considering, many regulations imposing unfunded mandates on local governments without regard to how local agencies will be able comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn have placed the city's budget under serious fiscal pressure; and WHEREAS, our city simply can not sustain the loss of any more property tax funds or to be saddled with any more state mandates as they will only deepen the financial challenge facing our city; and WHEREAS, a number of the City's financial commitments arise from contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK has determined that the City will experience a severe fiscal hardship if the recommendation of the Department of Finance to "borrow" $2 billion of local property taxes is supported by the Governor and the Legislature; and i i the ., i.__ � ri• u RESOLVED FURTHER, Thal he lolly Council strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other state government proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the city's share of the Prop. 42 transportation sales tax; and RESOLVED FURTHER, that the City Council strongly urges the state legislature and Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered and urges the state to provide complete funding for all existing and any new mandates. RESOLVED FURTHER, that the City Clerk shall send copies of this resolution to the Governor, our state senator(s), our state assembly member(s) and the League of California Cities. Resolution No. 2009-023 Page 3 PASSED, APPROVED and ADOPTED this day of _, 2009 Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. 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STAFF REPORT Edwin "William" Galvez, Director of Public Works ��` June 3, 2009 SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR PROGRAM MANAGER AND ENGINEERING & ARCHITECTURAL SERVICES FOR TRANSIT CENTER PARKING FACILITY . ..W The purpose of this report is to request City Council approval of Request for Proposals (RFP) and authorize soliciting Program Management Services and Final Design Services for the Baldwin Park Metrolink Transit Center. _ rTZ�1T1r1�7 The City has been working on developing a parking facility adjacent to the Baldwin Park Metrolink Station. This parking facility has long been sought by our community, and would not only add significant transit benefits to our residents, but also improve regional transit. To date, the City has secured $6.1 million in Federal and State grant funds. In January 2007, city staff submitted a grant application to the Los Angeles County Metropolitan Transportation Authority (MTA) for funding of a parking structure and for a pedestrian over - crossing. Although some funding had previously been obtained, this application was for a significant amount exceeding $4 million. In April 2009, MTA signed an MOU whereby the City of Baldwin Park has been awarded an MTA Proposition C Discretionary grant in the amount of $4,187,000. This brings the total amount of funding available to $6.1 million. Funding availability for this type of project has been contingent on a commitment to allocate a number of new parking spaces for Metrolink transit commuters. Staff has increased the value and interest of this project by not just accommodating parking for transit users, but also by emphasizing the multiple uses this facility would support, including a Transit Oriented Development (TOD) adjacent to the Baldwin Park downtown. The multimodal nature of this facility has added value to this project and has made the project eligible for more funding. Staff will continue to seek more funds to ensure this facility is delivered at little to no impact on city funds. RFP's for Metrolink Transit Center June 3, 2009 DISCUSSION Page 2 of 3 The following table summarizes the funding status of the project along with corresponding deadlines to draw down on the funds. FUND AMOUNT EXPENDITURE DEADLINE FTA 5309 c $245,000 September 2009 FTA 5309 c $380,700 September 2009 FTA 5309 c $1,288,000 2011 MTA - Prop C Discretionary $4,187,000 2011 Total $6,100,700 Although some of the funds were secured as far back as 2006, moving forward with the project was not practical at the time due to a significant shortfall in funding and due to the desire to design the parking facility to interface with a larger downtown redevelopment project that was being planned. The MTA Grant for $4.187 million is contingent on developing a parking facility for 375 vehicles. It is possible to scale back the spaces depending on how much additional funding is identified. At the time of that grant application, in 2007, construction costs were estimated to be about $40,000 per space, which for 375 spaces resulted in an estimated cost of $15 million. Luckily, however, in today's economy it is possible the per space costs are much lower. T his means that the City may be able to develop the full scope of this facility for a lower amount. T Ilerefore it is Critical that we take advantage oil the present economic climate and we proceed to draw down on available grant funds as soon as possible. Since there is certainty on the magnitude and size of the project resulting from the latest $4.187 million grant, staff is recommending that we accelerate the development of the parking facility so that funding drawdown deadlines are met. An accelerated development can best be accomplished by engaging two consultants that will work in parallel. One consultant would be the Program Manager and the other would be the Architect / Engineer. O The Program Manager would perform the following services: I. Funding / Grant Reimbursements, Seek Added Funding, Project Processing II. Land Entitlement III. Coordination of Environmental Requirements IV. Coordination / Oversight of Architect / Engineer Design Optional Services V. Bidding and Advertisement for Construction Bids VI. Construction Management RFP's for Metrolink Transit Center Page 3 of 3 June 3, 2009 O The Architect / Engineer would perform the following services: I. Perform Traffic Engineering II. Develop Final Design of Parking Facility and Related Infrastructure III. Prepare PS &E package for Construction Bids IV. Design Support During Construction The Program Management services will be analyzed based on a flat fee and based on an hourly rate over and estimated man -hour effort. The Architect / Engineers services are recommended to be based a not -to- exceed amount based on an hourly breakdown of all tasks at specific service rates. After reviewing the proposals, staff will recommend an appropriate consultant contract. Staff anticipates that the cost for the program manager to be between $100,000 to $150,000 and the architectural services to be $400,000 to $500,000. The final cost will depend of the total size of the project. Funds need to be obligated by September 30, 2009 and staff anticipates that the hiring of these consultants and obligating funds prior to that date. FISCAL IMPACT There is no impact on the General Fund and there is no fiscal impact with approving the staff recommendation. Upon review of the proposals, staff will provide details on the actual fiscal impacts. RECOMMENDA T I ®N Staff recommends that the City Council authorize staff to advertise an RFP for Program Managear,,,,.em Seer vices RFP Architectural 1 Engineering c,,.-.,itcle. ement i lent �ci vi�,ca and an RFP for r�i �,i iiic�.«iral i �i oyii leering �GI vI�,CJ. ATTACHMENT Sample RFP for Program Management Services June 3, 2009 To: Qualified and Interested Consultants REQUEST FOR PROPOSAL (RFP) TO PROVIDE PROGRAM MANAGEMENT SERVICES INCLUDING MANAGEMENT OF DESIGN CONSULTANT, REVIEW OF PLANS, FUND MANAGEMENT, CONSTRUCTION MANAGEMENT, CONTRACT ADMINISTRATION, OR THE OPTION OF OVERSIGHT OF A DESIGN -BUILD FOR THE PROPOSED TRANSIT CENTER AND PARKING STRUCTURE PROJECT IN THE CITY OF BALDWIN PARK, CALIFORNIA The City of Baldwin Park is soliciting Proposals from qualified firms to provide program management services for the proposed Transit Center and Parking Structure Project. The City will also require readiness by the Program Manager to provide oversight of a Design -Build contract should that option be desired. Requirements for this RFP are enclosed. In order to be considered in the selection process, interested parties shall submit six (6) copies of their Proposal no later than 5:00 pm, TBD, 2009 to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Edwin "William" Galvez, Director of Public \n /orks Late proposals will not be accepted. If you have any questions, please contact: Edwin "William" Galvez, Director of Public Works Tel: 626- 813 -5251, Fax: 626- 962 -2625 e -mail: wgaivez@baidwinpark.com Sincerely, Vijay Singhal CEO, City of Baldwin Park REQUEST FOR PROPOSAL (RFP) TO PROVIDE PROGRAM MANAGEMENT SERVICES INCLUDING MANAGEMENT OF DESIGN CONSULTANT, REVIEW OF PLANS, FUND MANAGEMENT, CONSTRUCTION MANAGEMENT, CONTRACT ADMINISTRATION FOR THE PROPOSED TRANSIT CENTER AND PARKING STRUCTURE IN THE CITY OF BALDWIN PARK, CALIFORNIA Issued by: 7405150TWEETPOTH RFP Issue Date: June 3, 2009 RFP Due Date: TBD at 5:00 PM RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTER/PARKING STRUCTURE IN THE CITY OF BALDWIN PARK TABLE OF CONTENTS SECTION 1. INTRODUCTION 2. SCOPE OF WORK 2. KEY PERSONNEL 3. GENERAL TERMS AND CONDITIONS 4. INSURANCE REQUIREMENTS 5. CONSULTANT SELECTION 6 CONTRACT TYPE, OVERHEAD RATE, FEE, CONSULTANT ACCOUNTING SYSTEM AUDIT 7. REQUIRED FORMAT FOR PROPOSAL SUBMITTAL 8. QUESTIONS REGARDING THE RFP 9. PROPOSAL SUBMITTAL PROTOCOL 10. PRE - CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP ATTACHMENTS: RFP Attachment 1 - City of BALDWIN PARK, Standard Contract RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTER/PARKING STRUCTURE IN THE CITY OF BALDWIN PARK • _ M The City of BALDWIN PARK is soliciting Proposals (hereinafter referred to as RFP) from qualified firms to provide program management services for the proposed Transit Center And Parking Structure Project to be located on Bogart Avenue adjacent to and between the Baldwin Park Metrolink Station and Baldwin Park City Hall. This project will be funded by a combination of Federal, State and Local Funds, and has a total project budget of approximately $16,000,000. The following are maps and exhibits showing project location and concepts developed by the City. �9 _Oahiwia Park PROJECT LOCATION J0 �,F6 RFP, Page 1 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTER/PARKING STRUCTURE IN THE CITY OF BALDWIN PARK 2. SCOPE OF WORK The turn -key Program Manager shall be responsible for all project phases from initial design through construction. The following is the anticipated scope of services to be provided by the turn -key Program Manager: I. Federally Funding Project Processing: This project is funded by a combination of Federal, State and Local Funds. Because of federal funds, the project PS &E must be prepared in compliance with Caltrans LAPM (Local Assistance Procedures Manual) requirements, and the PS &E must be reviewed and certified by Caltrans prior issuance of E -76 form authorizing the City to proceed with the bidding and construction phase. The selected consultant shall prepare all necessary applications and paper work and submit them to Caltrans Local assistance for review and certification. Specifications shall include all necessary sections for federally funded projects as required by LAPM. The selected consultant shall obtain E -76 authorization from Caltrans to proceed with the construction phase of the project. Also, the construction of the project shall be managed in compliance with LAP Y ". In summary, the selected consultant shall be fully responsible for coordinating the project and obtaining all necessary approvals from Caltrans, CTC and FHWA, and ensure that the project is in full compliance with federal funding requirements as required by LAPM. 11. Entitlement Phase: The entitlement process involves completion of project specific (level) environmental clearance. The project level environmental document may include, but not necessarily limited to, focused studies for parking, traffic, air quality, and sound. The selected consultant shall prepare the IS (Initial Study), based on which the extent of the required project specific environmental documents will be established. The selected consultant shall provide necessary services and /or retrain necessary experts /consultants on behalf of the City to assist in the entitlement process. The Entitlement process also includes preparing and processing a CUP (Conditional Use Permit) application through the City. The CUP approval process involves DRB (Design Review Board), Planning Commission and City Council approvals. The selected consultant shall make all necessary presentation to DRB, Planning Commission and City Council, as well as any other City departments and Boards as necessary to have the CUP approved. III. Architect Selection Phase: The Program Manager shall assist the City in the selection of a project architect, and all other specialty engineering services, such as for surveying, pavement/geotech /soils engineering, civil engineering, landscape and utility coordination. The turn -key Program Manager, in consultation with City, shall prepare all necessary RFP's for these various specialty services, review proposals received, participate in the interview of short- listed architects, and in the negotiation of the final scope, fee and contract with the selected architect. IV. PS &E Phase: ■ Oversight and management of design architect and all other specialty consultants. Design plans and technical specifications to be provided by the design architect RFP, Page 2 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK specialty consultants. • Technical review of the design plans, including acting as an extension of City Building Department, building plan check and approval for compliance with the applicable codes. • Quality control plan check. • Value engineering. • Review of cost estimates. • Budget and funding control to make sure the project is completed within available budget with all aspects. • Preparation of all necessary paper work, including environmental clearances, for the approval of bid package by all involved regulatory agencies. • Preparation of Administrative Section of the specifications. • Compilation of complete bid packages. • Conducting a "Constructability Review" of the plans. • Functioning as City Building Department Extension, and providing complete plan check of all construction drawings for compliance with Building and all other applicable codes. The plans shall be reviewed and approved by certified plans examiner(s) who have worked as Building Official for Public Agencies. The consultant will report to City's in -house Building Official. • During the PS &E phase the consultant shall hold monthly progress meetings with the City staff, and prepare and make at least 3 presentations to the City Council on the project. The consultant shall also prepare Council staff report and present to the City Council the completed PS &E Bid package and request to advertise for construction bids. V. Bidding and Advertisement Phase: • Advertising bid notices on various trade publications. • Providing bid packages to potential bidders. • Establishing a web (ftp) site for the project to provide project information, and also post the bid package (plans and specifications) on the ftp site for access by potential bidders for file downIoadi1 g. • Maintaining a log of plan holder's information. • Conducting pre -bid meetings (2 pre -bid meetings shall be held). • Responding to bidder's questions. • Preparing and distributing addenda. The architect will provide technical answers related to his /her design. • Conducting bid evaluation and schedule of value analysis. • Background check of lowest 3 bidders. • Establishing lowest responsive qualified bidder. • Preparing Council staff report and presenting to the City Council to award the contract to the lowest responsible qualified bidder for the construction. • Coordinating the award and execution of the contract between the City and the contractor, including review of insurance, bonding, and other required documents. VI. Construction Phase: • Providing on -site Construction Manager and Quality Control Inspectors to manage all aspects of the construction. • Establishing a construction web -site and construction web -cam system for real time RFP, Page 3 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK monitoring of construction progress on internet. • Functioning as City Building Department Extension, and providing all necessary services, including inspection during construction for compliance with Building and all other applicable codes, and review and approval of all shop drawings during construction. The shop drawings shall be reviewed and approved by certified plans examiner(s) who has worked as Building Official for Public Agencies. The inspections shall be conducted by certified building inspector(s) with experience in building, electrical, mechanical, plumbing, etc. The consultant will report to City's in -house Building Official. • Retaining "Specialty Inspection and Testing ", "Construction Soils Engineer ", "Construction Staking" Consultants. Fee for "Specialty Inspection and Testing ", "Construction Soils Engineer ", "Construction Staking" Consultants will be determined after the architectural plans are completed, and the scope for such specialty services are finalized. PM shall be responsible to obtain proposals from qualified firms for these specialty services, and select the most qualified firm for each service based on a specific scope. The City Will review the prnposals and will have the final decision on the selection of these specialty service subconsultants. PM will be responsible for managing these specialty service subconsultants. • Developing a master construction schedule, and monitoring and updating construction schedule. • Conducting weekly construction meeting with the contractor, City, and other involved parties. Preparation and distribution of meeting minutes. • Preparing and distributing all required notices, and responding to complaints and resolving problems as necessary. • Reviewing contractor change order requests, and preparing necessary documentation for submittal and approval or denial by the City. • Reviewing contractor pay requests and preparing necessary documentation for submittal and approval by the City. • Managing all construction activities and project controls. • Managing contract cost accounting system. Co lducting project walk -u ii ough(s) and preparing punch Ii5<<B). m chitect will assist in the punch list review. ■ Ensuring the project is implemented per the approved set of plans, and preparing as- built drawings at the completion of construction. ■ Maintaining proper project files and documentation. ■ Coordinating close out of the project, obtaining necessary operation manuals, warranties, guarantees and other applicable necessary information. ■ Delivering a final completed project to the City which is in compliance with PS &E package, and all applicable codes, standards and requirements ■ Presenting to the City a complete project close out file. The City will may award the contract in 2 steps. First contract may include the following scope of work phases: 1. Federally Funding Project Processing II. Entitlement Phase 111. Architect Selection Phase IV. PS &E Phase RFP, Page 4 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK Second contract may include the following scope of work phases V. Bidding and Advertisement Phase VI. Construction Phase 3. KEY PERSONNEL It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project. The City reserves the right to request that the proposer replace a staff person assigned to the contract, should the City consider such a replacement to be for the good of the project. 4. GENERAL TERMS AND CONDITIONS Attachment 1 contains a copy of the anticipated contract the selected consultant will be required to sign for this project. Each prospective consultant is expected to review the general terms and conditions and acknowledge their acceptance of Attachment 1 (or their objections to specific parts of Attachment 1) as a mechanism to expedite the contract negotiation process. The Consultant will be required to maintain in force at all times during the performance of their work the following policy or policies of insurance covering its operations: a. General Liability: $1m(each occurrence) and $2m(general aggregate) b. Automobile Liability: $1m c. Professional Liability: $2m(per claim) and $2m(annual aggregate) d. Workers Compensation Liability: $1 m e. Excess Liability: $2m • 1 [01 Z The City will evaluate the proposals submitted, and select the most qualified consultant for the project. The proposals will be evaluated based upon several factors. These factors include the format, organization, and presentation of the proposal, the qualification and experience of the project staff, and the experience in the processes and procedures of the involved regulations. In evaluating the proposals, the City will consider the following factors: ■ Completeness of the Proposals and compliance with the required format. ■ Project understanding, scope and approach to develop the project efficiently. RFP, Page 5 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTER/PARKING STRUCTURE IN THE CITY OF BALDWIN PARK ■ Knowledge in Public Agency Procedures and Requirements. ■ Experience in managing similar Parking Structure projects. ■ Experience and qualifications of the firm and the project team members. ■ Experience in Public Contract Procedures, Requirements, Laws and Construction Claims. ■ Experience in federally Funded Project Requirements and Process. ■ Experience in working as an extension of City staff and providing turn -key services in similar capacities with minimal direction from City staff. Experience as working Contract City Engineer, Building Official, Plan Checker, Inspector. • Experience in managing multi contract projects, and qualifications and capabilities to function like a General Contractor to coordinate all aspects of construction of similar projects. California General Contractor B License is a plus. • References and performance records on similar assignments. Upon receipt of Proposals, City may select the most qualified consultant as 1 step process or may conduct additional interviews with the top 3 ranked consultants. The City will negotiate final scope and fee with the most qualified consultant, 7. CONTRACT TYPE, OVERHEAD RATE, FEE, CONSULTANT ACCOUNTING SYSTEM AUDIT The Fee for this contract will be based on hourly rates (which include overhead and a fee limited to 10 %) with a not -to- exceed target for each task subject to an overall contract cap. Eligible Reimbursable and Subconsultant costs will be reimbursed at cost without markup. Proof of the prime consultant's audited overhead rate and its contents must be provided during the contract negotiation period. A pre -award audit as required on Federally Funded Projects will be conducted prior to contract award. Proof of overhead rate, or an accepted provisional rate for the prime, would be required in addition to compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statues, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR). Any contract resulting from this RFQ /RFP will be awarded to a firm whose Technical Proposal and Proposals meet the technical requirements of the RFP and is evaluated as one of the three highest ranked proposals. Proposals will be ranked in accordance with the evaluation criteria stated in this RFQ /RFP. Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached. A pre -award audit of the consultant's accounting will be conducted prior to contract award. The pre -award audit will follow the Federal guidelines. Proof of overhead rate, or an accepted provisional rate for the prime, would be required in addition to compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statues, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR). RFP, Page 6 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK The City will negotiate a final scope and fee with the most qualified consultant, which will be selected through the process described in Section 7 above. The proposals to be submitted to the City in response to this request shall not contain any fee information. Proposal shall be submitted in the format specified below: Cover Letter /Executive Summary Provide and executive summary of your proposal. It should be brief (three pages maximum) and include the name, address, telephone number, title, and signature of the firm's contact person for this procurement. It shall state that the submittal is valid for 120 days, and shall contain an acknowledgment of receipt of all amendments and /or addenda to the RFP. Table of Contents Include contents of proposal. Section I - Approach and Scope of Work Provide your project approach and scope of work. Section 2: Project Team, Key Personnel and Resumes Provide an organization chart showing the names and responsibilities of key personnel. The key personnel shall include the following classifications and qualifications: • Project Principal /Director: This person shall be a professional engineer licensed in California, and shall have experience working with Public Agencies in similar assignments. This person shall have experience in project entitlement process, design, construction, Public Works /City Engineering, dealing with Public Agency Staff, Council and Commissions. This person shall have managed at least 3 projects of similar size and complexity. This person shall have extensive experience in managing construction of similar parking structure projects. • Contract Administrator: This person shall have experience in working for public agencies and in CIP administration and dealing with Public Relations, Public Agency Staff, Council and Commissions. • Federal Fund Manager /Contract Administrator: This person shall have experience in Federally Funded Projects, and in dealing with Caltrans Local Assistance and MTA. • Project /Construction Manager: This person shall have experience in project and construction management on large scale similar projects for public agencies. This person shall have managed at least 3 projects of similar size and complexity. This person shall have extensive experience in managing construction of similar parking structure projects. • Staff Members to function as City extension, working under the City Building Official for plan check and inspections for this project: Identify certified Plan Examiners, Inspectors and Building Official for this task. The selected consultant shall be responsible for the review of plans for code compliance as well as conducting inspections. RFP, Page 7 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK ■ Other support personnel: Identify other team members as necessary. Provide resumes of all key personnel identified in the organization chart. It is important that the key project team members have served public agencies in various capacities, and are accustomed to working with governmental agencies, and have good understanding of public agency issues, procedures, and policies. The City is looking for a qualified team that can provide turn -key services, and be the single Point of Responsible Party representing the City in the project development, entitlement, design and construction process. Section 3: Relevant Experience and References Provide minimum 3 maximum 5 public agency references for similar projects. Section 4: Compliance with Insurance and Standard City Contract Requirements Provide a statement that the proposer will comply with the insurance and Standard City Contract Requirements as stated in this RFP. Provide a copy of current insurance certificate showing coverage and limits. Section 5: Firm's Overall Service Capabilities, Qualifications and Experience Provide firm's general qualifications, including company profile, service capabilities, and various project examples. FEE: The City will negotiate a final scope and fee with the most qualified consultant, which will be selected through the process described in Section 7 above. The proposals to be submitted to the City in response to this request shall not contain any fee information. All inquiries and responses to this RFP must be submitted in writing to: Edwin "William" Galvez, Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Tel: 626 - 813 -5251, Fax: 626- 962 -2625 E -mail: wgaivez @baidwinpark.com In order to be considered in the selection process, interested parties shall submit ten (10) copies of their Proposal no later than PM, 2009; to: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 RFP, Page 8 RFP FOR TURN -KEY PROGRAM MANAGEMENT SERVICES FOR PROPOSED TRANSIT CENTERIPARKING STRUCTURE IN THE CITY OF BALDWIN PARK Attention: Edwin "William" Galvez, Director of Public Works Late proposals will not be accepted. 11. PRE - CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City of BALDWIN PARK shall not be liable for any pre - contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City of BALDWIN PARK from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre - contractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in: • Preparing and submitting information in response to this RFP • Negotiations with the City of BALDWIN PARK on any matter related to this procurement • Costs associated with interviews, meetings, travel or presentations All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. ATTACHMENT 1: City of BALDWIN PARK, Standard Contract RFP, Page 9 off ll r r 11111,11i t, P A � R- K TO: Honorable Mayor and Members of the City Council R. FROM: Edwin "William" Galvez, Director of Public Works DATE: June 3, 2009 SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR MAINE AVENUE STREET IMPROVEMENTS PURPOSE The purpose of this report is to request City Council approval of a Request for Proposals (RFP) and authorize soliciting a consultant to design and develop the Maine Avenue street improvements and construction documents. BACKGROUND This project consists of addressing traffic congestion on Maine Avenue at the intersection of Ramona Boulevard including traffic signal or roadway safety improvements. Improvements also included consideration to widen the Maine Avenue roadway at the Ramona intersection. In 2005, the Federal Highway Administration (FHWA) allocated funds to widen Maine Avenue at the intersection of Ramona Boulevard. These funds were part of demonstration funds allocated thru Congresswoman Hilda Solis, and which are now managed thru Metropolitan Transportation Authority (MTA). The construction funding available is $300,000 plus $60,000 in Prop C as local match. Additional funds in the amount of $111,000 were made available to plan improvement on Maine Avenue under FHWA Transportation, Community, and System Preservation Pilot Program (TCSPPP) and the MTA Proposition C discretionary funds. The total amount of funds available for this project is $471,000. Maine Avenue RFP June 3, 2009 DISCUSSION Page 2 of 3 Widening of Maine Avenue would require property acquisition. The grant only covers a small portion of the total project cost. Since sufficient funding is not available to acquire the adjacent properties the project cannot be fully implemented at this time. It was staffs hope that the project would have been implemented as part of the Downtown Revitalization Project, but since it is on hold the widening of Maine Avenue cannot be done at this time. Staff attempted to expand this project's scope by combining these improvements with other roadway improvement on Maine Avenue which are included for economic stimulus funding. Although there is some potential for future stimulus funds, the funds that are currently approved must be drawn down or the City would risk the lapsing of funds. Staff is therefore proposing that the grant money be used to make certain improvements to Maine Avenue and Ramona Boulevard and complete the ultimate rnrnlert dPClgn ;Nhirh Will assist the city in securing additional future funding The design of the improvements sought for Maine Avenue under Federal Stimulus funds will be included into this project so that if and when construction funds become available, a follow -up phase of improvements may be constructed. The services that staff recommends will include: • Right and improved left lane turning improvements at the intersection of Ramona Boulevard • Striping modifications • Pedestrian walk and bicycle lane improvements • Traffic signal pole relocations • Traffic signal improvements • Landscaping and irrigation • Crosswalk improvements • Rehabilitation of our historic fountains • Ultimate Design Intersection Modifications for future grant opportunities In addition, the City will also include design of the following improvements so that if federal stimulus funds become available these may begin construction: • Southbound right turn lane on Maine Avenue at Pacific Avenue • Street light improvements 6.6KV series lighting to a 250V parallel system • Street light pole relocations • Pavement Markings Modifications • Sidewalk, curb and gutter modifications • Pedestrian and bicycle crosswalk safety improvements Maine Avenue RFP Page 3 of 3 June 3, 2009 Proiect Timeline Date Solicit Proposals for Design Services .. ...........................June 3, 2009 Award Design Work ............................. ............................... July 1, 2009 Complete Design ............................. ............................... August 5, 2009 Obligate Funds .............................. ............................... August 27, 2009 Advertise for Construction Bids ................. ........................October 2009 Award Construction Contract ................... .........................January 2010 Begin Construction ...... ............................... ..........................March 2010 Complete Construction ............................ ............................... April 2010 FISCAL IMPACT There is no fiscal impact to the General Fund. Staff has secured authorization from MTA to expend up to $111,000 for design. Authorized Funds Federal TCSPPP Grant Funds MTA Proposition C Discretionary Funds Total Available Funds Anticipated Expenditures Construction Contract C (Local Match $91,000 $20,000 4, of off of 111 $111,000 Total Construction Phase $360,000 Total Funds Available $471,000 Staff recommends that the City Council authorize staff to advertise an RFP for Design Services. ATTACHMENTS Sample Request for Proposal City of Baldwin Park Department of Public Works i- REQUEST FOR PROPOSALS (RFP) BALDWIN DESIGN SERVICES FOR MAINE AVENUE IMPROVEMENT PROJECT June 3, 2009 The City of Baldwin Park is soliciting Proposals (RFP) from qualified firms to provide Design Services for Maine Avenue Improvement Project. Proposals are due by 5 PM, June 25, 2009 at: City Hall, 2`" Floor 14403 E. Pacific Avenue Baldwin Park, CA 917006 Three copies and one original of the proposal shall be submitted by the due date to: William Galvez, PE, Director of Public Works /City Engineer Attention: David Lopez, Associate Engineer Engineering Division Department of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 All inquiries and responses to this RFP must be submitted in writing via e-mail to: David Lopez, Associate Engineer e -mail: dlopez @baldwinpark.com. SCOPE OF WORK The City of Baldwin Park is soliciting Proposals (RFP) from qualified firms to provide Design Services for the Maine Avenue Improvement Project. The project limits on Maine Avenue is from 400 feet north of Ramona Boulevard to 600 feet on Sterling Avenue. The project is federally funds with an estimated construction cost of $360,000 and the construction duration is 70 calendar days. The project will be advertised for construction bids in August and September 2009, with construction to commence by the end of March 2010. The construction activities are anticipated to be completed in April 2010. RFP DesignMaineAve 06 -3 -09 Page 1 of 5 City of Baldwin Park Department of Public Works The City is seeking to engage a consultant to provide turn -key services. The scope of work for the project includes providing all necessary services to manage all aspects of the project in compliance with the Caltrans Local Assistance Procedures Manual (LAPM) including: Design Considerations in Phase I • Right and improved left lane turning improvements at the intersection of Ramona Boulevard • Striping modifications • Pedestrian walk and bicycle lane improvements • Traffic signal pole relocations • Traffic signal improvements • Landscaping and irrigation • Crosswalk improvements • Rehabilitation of our historic fountains • Ultimate Design Intersection Modifications for future grant opportunities Design Consideration in Phase II • Southbound right turn lane on Maine Avenue at Pacific Avenue • Improve and Converting Street lights from a 6.6KV series lighting to a 250V parallel system • Street light pole relocations • Pavement Markings Modifications • Sidewalk, curb and gutter modifications • Pedestrian and bicycle crosswalk safety improvements Award of construction contract • Evaluate all necessary documents to successfully award the construction contract • Conduct the preconstruction meeting • Process reimbursement requests and final reimbursement request for the design phase The scope of work will require providing the following staff and expertise: • Resident Engineer as needed and as required by LAPM. • CADD specialist in using AutoCAD 2006 or higher • Funding coordinator who will be responsible for federal compliance, labor compliance, preparation of reimbursement invoices and all required paper work, RFP DesignMaineAve 06 -3 -09 Page 2 of 5 City of Baldwin Park Department of Public Works reports and submittals per Caltrans Local Assistance Procedures Manual. The following scope of work is provided as a guideline. • Function as the City Engineer's Extension and providing all necessary services including Resident Engineer, as needed, and as required by LAPM; Specialty Inspector for pavement to validate City's Pavement Management System; and experience with federal compliance, labor compliance, for the preparation of the PS &E and all required paper work, 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. • Preparing necessary reports and paperwork, and submitting to Caltrans Local Assistance and obtaining their approval for post award, to proceed with construction, project reimbursement invoices. PROPOSAL SUBMITTAL FORMAT Proposals shall be limited to 20 pages, excluding proposal cover, cover letter, table of contents and dividers. The following information shall be provided in the format specified below. Cover Letter: Cover Letter shall not to exceed 3 pages. It shall provide a summary of firm's proposal and qualifications as an executive summary. Table of Contents: The table of contents shall list the following sections with page numbers, and information in each section shall be provided as indicated below: A. Scope of Work: Provide a detailed scope of work and your understanding and approach of the process to undertake similar projects and complete it in compliance with all applicable rules, regulations, standards and requirements. B. Proposed Staff Qualifications and Resumes: Provide an organization chart showing the names and responsibilities of key personnel. The proposed Project Resident Engineer shall be a professional engineer licensed in California, and shall have experience working with Public Agencies in similar assignments, including experience in providing Contract Resident Engineering Services and, dealing with Public Agency Staff, and City Council. It is important that the key project team members have served public agencies in various capacities, and are accustomed to working with governmental agencies, and have good understanding of public agency issues, procedures, and policies. The City is looking for a qualified team that can RFP DesignMaineAve 06 -3 -09 Page 3 of 5 City of Baldwin Park Department of Public Works provide turn -key services, and be the single Point of Contact and the Responsible Party representing the City in all aspects of the project. Provide resumes of key personnel identified in the organization chart. C. Work Schedule and Proposed Effort: Provide a project work schedule with milestone dates and appropriate work phases including a breakdown of the hourly effort of involved personnel across the various tasks. D. References: Provide 3 public agency references for past similar projects. E. Company Qualifications: Provide a summary of your firm's qualifications. Fee: Please submit a separate Fee Schedule. A not to exceed fee based on an hourly rate of personnel for each category of work should be sealed and included separately. 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 (LAPM). CONSULTANT SELECT ION METHODOLOGY The City will select the most qualified consultant in accordance with Caltrans Local Assistance Procedures, Chapter 10 using the procurement method specified as ENGINEERING SERVICES UNDER $100,000. Essentially, the City shall select the most qualified consultant based on Caltrans LAPM Chapter 10 Exhibit 10 -13, but will immediately consider the price for the consultant services based on the top three proposals. A final scope and fee may then be negotiated. The scope of work provided in this RFP will be used as a guideline; however, it will be the consultant's responsibility to identify all necessary tasks, design elements and costs associated with the services and to ensure the project design is completed efficiently and within budgeted parameters. Proposal shall be evaluated on the following elements: • Completeness of the Proposals and compliance with the required format. • Project understanding, scope and approach to execute the project tasks efficiently. • Experience in federally Funded Project Requirements and Process. • Experience of the staff assigned to the project. • Experience in working as an extension of City staff and providing turn -key services in similar capacities with minimal direction from City staff. Experience as working Contract Resident Engineer and Designer. RFP DesignMaineAve 06 -3 -09 Page 4 of 5 City of Baldwin Park Department of Public Works • Experience in similar projects. A reference check will be conducted for performance on similar past projects. • Firm's qualifications. The City may select the most qualified consultant as 1 step process or may conduct additional interviews with the top 3 ranked consultants. The City will negotiate final scope and fee with the most qualified consultant. GENERAL CONDITIONS City Standard Contract is provided as Attachment 1. Prospective firms shall review the City Standard Contract, and acknowledge their acceptance of the conditions and requirements (or their objections' as a mechanism to expedite the contract negotiation process. The Consultant will be required to maintain in force at all times during the performance of their work the following policy or policies of insurance covering its operations: a. General Liability: $1,000,000. The City shall be named as "additional insured" on all policies required to be furnished. b. Professional Liability: $1,000,000 per occurrence and $2,000,000 aggregate. c. Workers' Compensation coverage at statutory limits. The City shall not be liable for any pre - contractual expenses incurred by any firm considering or submitting a proposal. Submitting a proposal in response to this RFP shall constitute acknowledgement of acceptance to protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in this RFP. The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. Edwin "William" Galvez, PE, Public Works Director Date Attachment 1: City Standard Contract RFP DesignMaineAve 06 -3 -09 Page 5 of 5 �1 i r TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, Community Development Manage DATE: June 3, 2009 SUBJECT: Public Hearing to Consider Approval of an Amendment to FY 2008- 2009 Annual Action Plan to Include the American Recovery and Reinvestment Act of 2009 (ARRA) Community Development Grant Block Grant - Recovery (CDBG -R) PURPOSE The City Council is requested to: 1) hold a public hearing to consider the approval of the proposed Amendment to the FY 2008 -2009 Annual Action Plan to include the $395,726 in Community Development Block Grant - Recovery (CDBG -R) funds; and 2) allocate the CDBG -R funds to Street Improvement Project: On February 17, 2009, the President of the United States signed Title XII of the American Recovery and Reinvestment Act of 2009 (ARRA) into law. ARRA appropriates 1 billion in supplemental funds for the Community Development Block Grant (CDBG) Program commonly referred to as the Community Development Block Grant — Recovery (CDBG -R). The CDBG -R grant is a supplemental appropriation. As such, HUD is treating the City's use of its CDBG -R grant to be a substantial amendment to its current approved consolidated plan and 2008 -2009 Action Plan. The application /substantial amendment is due to HUD by June 5, 2009. Congress clearly intends that CDBG -R funds should primarily be invested in economic development, housing, infrastructure and other public facilities activities that will quickly spur further economic investment, increased energy efficiency, and job creation or retention. To this extent, HUD strongly urges Cities to use CDBG -R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities Public Hearing CDBG -R Amendment to Annual Plan June 3, 2009 Page 2 of 2 is available to Cities, HUD strongly suggests that Cities incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG -R funding. The funds were allocated to entitlement cities according to the current CDBG grant formula. Under the formula used, the City will receive or $395,726 in CDBG -R funds. Eligible and Proposed Use of CDBG -R Funds The Recovery Act makes clear that Cities are to identify projects that can achieve the Recovery Act purposes and can be quickly implemented. Language of the Recovery Act states that, "...in selecting projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 120 days after the date of the execution of the agreement." The Recovery Act further states, "In using funds made axinilahle in this Act for infrastructure- investment, recipients Shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the execution of the agreement. In order to meet the eligible use of CDBG -R funds that require, "Recipients use grant funds in a manner that maximizes job creation and economic benefit," staff recommends the funds be allocated to the Street Improvement Project. Streets will be selected from CDBG eligible Census Tracts and Block Groups. It is anticipated that approximately 4,000 linear feet of low income residential streets (4 streets) will be will be improved. Special Provisions of CDBG -R The CDBG -R Program has special provisions that are not applicable to regular CDBG funds. 1 1 lese provisions are as folloVVs: 1. The Recovery Act states "all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with funds under the Recovery Act must be produced in the United States, unless the Secretary finds that: the requirement is inconsistent with public interest; those goods are not reasonably available or produced in sufficient quantity in the U.S.; or the use of the goods will increase the project cost by more than 25 percent." 2. The Recovery Act requires that for each activity carried out with CDBG -R funds, Cities must report on the number of jobs estimated to be created or retained. This reporting requirement applies to all activities, and is unrelated to the reporting of jobs for purposes of meeting the low -and moderate- income benefit national objective requirements. Public Hearing CDBG -R Amendment to Annual Plan June 3, 2009 Page 3 of 3 Citizen Participation In an effort to assist Cities in meeting the submission deadline, HUD is waiving the requirement that the City follow its citizen participation plan for this substantial amendment. HUD is shortening the minimum time for citizen comments to 7 calendar days and required that the substantial amendment materials be posted on the City's official website as the materials are developed, published, and submitted to HUD. A public notice was published in the San Gabriel Valley Tribune in both English and Spanish as required by HUD. The public comment period begin May 21, 2009 and concluded at the June 3rd public hearing. (see Attachment "A "). FISCAL IMPACT There is no fiscal impact to the General Fund. Upon completion of the public hearing, staff recommends t1 ie City Council: 1) Approve of the proposed Amendment to the FY 2008 -2009 Annual Action Plan to include the $395,726 in Community Development Block Grant - Recovery (CDBG -R) funds; and 2) Allocate the CDBG -R funds to Street Improvement Project: Attachments: Attachment A — Draft FY 2008 -2009 Annual Action Plan Amendment and Required HUD forms • .Ilraft FY 2008-2009 Annual Action Plan Amendment and Required HUD forms BALMIN P L 3 COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG -R) City of Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 626- 960 -4011 Executive Summary Background On February 17, 2009, the President of the United States signed Title XII of the American Recovery and Reinvestment Act of 2009 (ARRA) into law. ARRA appropriates $1 billion in supplemental funds for the Community Development Block Grant (CDBG) Program. The grant program under Title XII is commonly referred to as the Community Development Block Grant — Recovery (CDBG -R). The Agency responsible for the implementation of the program is the United States Department of Housing and Urban Development (HUD). The supplemental CDBG -R funds have been allocated according to the current CDBG grant formula. Under the formula used, the City will receive $395,726 in CDBG -R funds. Ensuring Responsible Spending of Recovery Act Funds Funding available under the Recovery Act has a singular purpose — to stimulate the economy. HUD desires that Cities carefully evaluate proposed projects for consistency with the goals of the Recovery Act, especially the above -cited purpose. To this extent, HUD strongly urges Cities to use CDBG -R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to Cities, HUD strongly suggests that Cities incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG -R funding. Eligible and Ineligible Use of CDBG -R Funds The use of this supplemental appropriation of CDBG -R funds under the Recovery Act is subject to all regular CDBG program regulations an-a' the Uniform Administrative Requirements, except for the statutory and regulatory waivers granted to grantees under the Recovery Act as disseminated by HUD in the May 4, 2009 "Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009." In the planning and administration of CDBG -R funds, the City will adhere to the special CDBG -R program requirements and maintain close contact with its local HUD Representative to ensure that funds are spent in full compliance with the regulations, applicable statutory and regulatory waivers and HUD policy. While the City has the full range of CDBG - eligible activities at its disposal for CDBG -R, the intent of the Recovery Act is to stimulate the economy. In the Recovery Act, Congress states that "Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit." Congress clearly intends that CDBG -R funds should primarily be invested in economic development, housing, infrastructure and other public facilities activities that will quickly spur further economic investment, increased energy efficiency, and job creation or retention. The Recovery Act does not expand the list of eligible activities beyond those specified by the Housing and Community Development Act. However, HUD has determined that the overall intent of the Act, particularly regarding local fiscal stabilization, supersedes the requirement that CDBG funding not be used to substantially replace the amount of local financial support previously provided to community development activities. Certain specified activities and /or projects which may not be funded with CDBG -R funds pursuant to the Recovery Act include: swimming pools, golf courses, zoos, aquariums, and casinos or other gambling establishments. Other activities generally prohibited under regulations governing the regular CDBG program are also prohibited under CDBG -R. This includes prohibitions on the construction of buildings for the general conduct of government, political activities, purchase of equipment, and operating and maintenance expenses. Other CDBG restrictions may also apply including bans on assistance to professional sports teams, recreational facilities that serve a predominantly higher income clientele, and general promotional activities for the grantee. Title XII of Division A of the Recovery Act requires that in selecting CDBG -R projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 120 calendar days from the date the funds are made available to the City. Substantial Amendment Submission Requirements In order to secure CDBG -R funding for the City's projects as designated in the Substantial Amendment Narrative and the Spreadsheet for Reporting Proposed CDBG - R Activities, the Substantial Amendment document submittal to HUD includes the: • CDBG -R Sub: s:t& a ntial Amendment Narrative; M • i; ^R C" -r% Hi':t, v nntn "I i' • Signed and Dated Local Government Certifications; and • Signed and Dated SF -424. Jurisdiction(s): _City of Baldwin Park CDBG -R Contact Person:.Suzie Ruelas Address: ........ 14403 E. Pacific Avenue Baldwin Park, CA 91706 Jurisdiction Web Address: Telephone: .... (626) 960 -4011 ext 496 • www.baldwinpark.com Fax: ............... (626) 337 -295 Email: ........... sruelas(a baldwinpark.com ENSURING RESPONSIBLE .SPENDING OF RECD yERYACT FUNDS Funding available under the Recovery Act has clear purposes — to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG - R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG -R funding. A. SPREADSHEET FOR REPORTING PROPOSED CD-Bi -R AcTI vmES Grantees must provide information concerning CDBG -R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name; activity description, CDBG -R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery website at http: / /www.hud.gov /recovery. The CDBG -R Activity Data Spreadsheet is included in Appendix A. B CDBG -R INFORMATION BYA CTIVITY (COMPLETE FOR EACHACTIVITY) (1) Actiyi , Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG -R Activities — this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Activity Name: CDBG -R - Street Improvement Project Activity Description: The City of Baldwin Park will be rehabilitating approximately 5,000 centerline feet of local low- income residential streets. The rehabilitation consists of replacing damaged or failed concrete and asphalt roadway sections, and overlaying the roadway with new asphalt concrete resulting in new roadways. The street improvements will repair roadway features such as curb and gutters, sidewalks, and cross gutters, and will replace localized asphalt pavement failures. The actual streets will be selected from CDBG eligible Census Tracts and Block Groups. (2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG -R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG -R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG -R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: • Preserving and creating jobs and promoting economic recovery; The project is expected to create full time construction jobs. Further, in order to create a higher number of manual labor jobs, it is anticipated that smaller streets will be considered when selecting possible areas of improvements. Smaller streets have limited access by larger equipment and machinery therefore maximizing manual labor requirements to improve these streets and complete the projects. • Assisting those most impacted by the recession; The recession has meant the reduction in construction activity thereby resulting in a loss of jobs in the construction industry, primarily the local manual labor segment most present in Baldwin Park. Large construction companies with larger machinery have more opportunities than that of smaller companies whose main workforce is manual labor. The consideration of smaller streets will assist those companies most impacted by the recession and the local economy. • Providing investment needed to increase economic efficiency; On January 21, 2009 the City Council of Baldwin Park adopted a Policy to require a minimum of local labor and the purchase of material locally for all public improvement construction projects. This, in addition to the Federal mandate to use US made products in construction project will further stimulate the local economy and increase local recovery. Major fabricators and suppliers in the industry have estimated their sales to be 35 percent below their 2007 sales figures. The City of Baldwin Park also certifies that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG -R funds under the Recovery Act must be produced in the United States • Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; The subject infrastructure project will contribute to improving the transportation system in Baldwin Park by providing alternate useable routes for pedestrian, bicycles and smaller vehicles in their daily commute. These aspects will help reduce carbon emission and support long -term attitude change toward the use of personal mode of transportation. These projects have a higher rate of return on investment and long -term benefits due to the direct appreciable neighborhood benefits in relation to the investment. • Minimizing or avoiding reductions in essential services; or Smaller streets are not major transportation arteries for mass transit or carry substantial utility networks. Therefore, there will be no disruption of essential services during construction. Further, the existing conditions of streets in low - income neighborhoods are a safety hazard to area residents seldom used by residents or public services. Improving the streets will provide alternative access and additional options for essential services to the residents of that area. • Fostering energy independence. The City of Baldwin Park Public Works Department is committed to maximizing the use of recyclable in every construction project. Particularly, roadways application include the use rubberized asphalt and other recycled materials as available. This effort, combined with emerging solar power technology in traffic management and some area lighting, contribute significantly toward long term energy independence as outlined in the City vision documents. (3) Jobs Created: (Report the number of full- and part -time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Depending on the length, location, and designs of the actual streets selected, the estimated number of full -time position created for a three -month period will range from 3 to 6 employees. Nevertheless, we estimate the potential of these improvements will lead to creating one or two permanent full time jobs. (4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) The City of Baldwin Park is a built out city of approximately 80,000. As such, public investment is concentrated in urban areas consistent with smart growth policies. The City is compliant with all Federal and stare regulations relating to environmental discharge and most stringent California Environmental Quality Act. Also, the adoption of a Green Building Code, anticipated in the summer 2009, will further the City's goal toward energy conservation and responsible construction practices. The subject project will be consistent with all the City policies and standards in promoting these objectives to achieve long term improved quality of life for its residents. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG -R activity, including its name, location, and administrator contact information) Responsible Organization - City of Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Administrator - Vijay Singhal, Chief Executive Officer Tele: (626) 960 -4011 ext 482 Fax: (626) 337 -2965 Email: vsinghal(etbaldwinpark.co Contact person - Suzie Ruelas, Housing Manager Tele: (626) 960 -4011 ext 496 Fax: (626) 337 -2965 Email: sruelas ,baldwinpark.com C PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG -R Substantial Amendment. In accordance with the HUD Notice, the Notice of Public Hearing and 7 -Day Public Review for the CDBG -R Substantial Amendment to the 2008 -2009 One -Year Action Plan was published in the San Gabriel Valley Tribune newspaper on May 21, 2009 and posted on the jurisdiction's website for no less than 7 calendar days for public comment. The Public Comment period concluded upon the close of the Public Hearing at the regular meeting of the City Council held on June 3, 2009 in the Council Chambers located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Comments to the proposed amendments to the FY 2008 -2009 One -Year Action Plan were also accepted in writing at the office of the City of Baldwin Park, Housing Division, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, no later than 5:00 p.m. on June 3, 2009. Opportunity for comments was also available during the City Council Public Hearing on June 3, 2009. Beginning May 21, 2009, the document were available for public review at • Web site: www.baldwinpark.com • Baldwin Park City Hall, 3rd Floor, Community Development Departmentl4403 E. Pacific Avenue, Baldwin Park, CA 91706 • Baldwin Park Public Library, at 4181 Baldwin Park Blvd • Esther Snyder Community Center, 4100 Baldwin Park Blvd Response_ Public Comments Received The Public comments received can be found in Appendix "C ". ♦ ! 0 • • 1110i - - \ e) _ \\ 00 & 2 / � _ 3 % \ / / @ \ LO 3 /C0 o \ . \ G 2 & . . / \ . LO \wJ fBI % ±.y m7w \ \ +® e #\y \ m> . z aea . \ /ƒL / J = $ > 7 \ E / a ¥ ° = f Co / L $ =�7ca 7T) \\ \eJ ®f ( /f \ %f «S\ .gm=i nCL a) @— pma=e� a 2 = > 0 E e a in 4 ¥ c 2 ° £ \ CO 3 = Cl g= m= e o o §f t \E o . . \E a) -In�� =\�»±a» ƒS m�ol *E 0 . e ii&77 ® m ) $ / ° \ ` ° \ / : 3 a c (0 mo2ma:@@ 0 10«» m@ 2 g C: (D 2 ~ } ° @ \ J 2 o n E o m 0 } \ /k \ƒ$2/ j \ @ § u e 2 >- § \ / d \ \ i m a) seat= % / S @ q q / $ $ {. \ $Ft _ ye2 \ E . . � _ 3 % \ / / 0 ME 3 = ''ll liplipill IiIIIIIIIIIIiiii IIIIIIIIIIIIIII �illilli�ililillillilill, iiii I 11111111111111111111111 111111111111, PUBLIC NOTICE CITY OF BALDWIN PARK INVITING PUBLIC REVIEW AND COMMENT AND PUBLIC HEARING REGARDING AN AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN AND THE 2008-2009 ACTION PLAN AND THE PROPOSED EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG-R) PROGRAM FUNDS Notice is hereby given to the general public that the City of Baldwin Park (City) has prepared a DRAFT substantial amendment to the Consolidated Plan and the 2008-2009 Action Plan for the Community Development Block Grant — Recovery (CDBG-R) Program in accordance with the requirements of the U.S. Department of Housing and Urban Development (HUD). The CDBG-R was approved under Title XII of the American Recovery and Reinvestment Act of 2009 (ARRA). In accordance with the CDBG-R implementing regulations and the requirements of HUD, this notice is to invite review and public comment of the City of Baldwin Park's proposal to amend the gnnr)-gnln (-nn,-,n1idqtPd Plan and the 2008-2009 Action Plan to include the CDBG-R application to HUD for CDBG-R funds, required certifications, and related proposed program expenditures. The City anticipates receiving an allocation of CDBG-R funds in the amount of $395,726. Description of proposed activities to be funded under CDBG-R: Program: Amount Infrastructure Improvements $395,726 (such as storm drain installation and street and sidewalk improvements) In compliance with the City's approved Citizen Participation Plan and the Consolidated Plan implementing regulation 24 CFR 91.105, and the amended review period as per the CDBG-R, this notice is given to invite public review and comment of the City's draft amendment of the Consolidated Plan and 2008-2009 Act-Ion Plan. This document can be reviewed on the City's website at the website listed below or at the following locations: Web site: www.baidwinpark.com Baldwin Park City Hall, 3rd Floor, Community Development Department14403 E. Pacific Avenue, Baldwin Park, CA 91706 Baldwin Park Public Library, at 4181 Baldwin Park Blvd Esther Snyder Community Center, 4100 Baldwin Park Blvd The public review period shall run from May 21, 2009 to June 3, 2009. Individuals wishing to express their views concerning the above-referenced documents and proposed activities may provide written comments to the City on or before 5:00p.m. on June 3, 2009, to the City of Baldwin Park, Community Development Department, Attn: Suzie Ruelas, Housing Manager 14403 E. Pacific Avenue, Baldwin Park, CA 91706, In addition, a Public Hearing to solicit public comment from interested citizens will be held on June 3, 2009 at City of Baldwin Park, City Council Chambers, 14403 E. Pacific Avenue, Baldwin Park. The purpose of the Public Hearing for the Amendment is to allow the public the opportunity to comment on the manner in which the City proposes to utilize the CDBG- R funds. If you are unable to attend the hearing, written comments will be accepted up to the date of the hearing. If you have any questions, please contact Suzie Ruelas, (626) 960 -4011 ext 496. In compliance with the Americans with Disabilities Act, if you require assistance to participate in the meeting, please contact Michelle Bravo at (626) 960 -4011 Ext. 354. Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to these meetings (28 CFR 3.102.38.104 ADA Title HA). In addition should you require translation to a foreign language, please contact Michelle Bravo at (626) 960 -4011 ext. 354 at least 48 hours prior to the meetings to ensure translation at these meetings (24) CFR Part 91.105 (2). Publish: May 21, 2009 �1F CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti - displacement and relocation plan. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in effect and is following a residential anti- displacement and relocation assistance plan required under section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under CDBG -R. (3) Drug Free Workplace. The jurisdiction will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about — (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement- that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shah include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. (4) Anti - lobbying. To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (6) Consistency with Plan. The housing activities to be undertaken with CDBG -R funds are consistent with its consolidated plan. (7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Community development plan. The jurisdiction certifies that the consolidated housing and community development plan identifies housing and community development needs and specifies both short-term and long -term community development objectives that have been developed in accordance with the primary objective of the statute authorizing the CDBG program. (9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved by HUD. (10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority to activities that will benefit low- and moderate - income families or aid in the prevention of slums or blight. Additional activities may be included that are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG -R funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG -R funds by assessing any amount against properties owned and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG -R funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with CDBG -R funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG -R funds, unless CDBG - R funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds. In addition, with respect to properties owned and occupied by moderate - income (but not low- income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG -R funds if the jurisdiction certifies that it lacks CDBG -R or CDBG funds to cover the assessment. (11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non - violent civil rights demonstrations within its jurisdiction. (12) Compliance with anti - discrimination laws. The CDBG -R grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Pair Housing Act (42 U.S.C. 3601- 3619), and implementing regulations. (13) Compliance with lead -based paint procedures. The activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (14) Compliance with laws. The jurisdiction will comply with applicable laws. (15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the American Recovery and Reinvestment Act of 2009. (16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the recipient, and that will ensure maximum job creation and economic benefit. (17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG -R funds for infrastructure investments, the grantee will give preference to quick -start and finish activities, including a goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery Act. (18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG -R funds under the Recovery Act must be produced in the United States unless the Secretary finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent. (19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief executive, as appropriate certifies, that any infrastructure investments have received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official certifies that infrastructure investments will receive the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. (20) 70% of CDBG -R for LMI. The aggregate use of CDBG -R funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for activities that benefit such persons over the life of the CDBG -R grant. Vijay Singhal, Chief Executive Officer Date OPTIONAL CERTIFICATION - URGENT NEED N/A Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): Where the urgent need is the current economic conditions, the grantee certifies that the activity is alleviating current economic conditions which pose a threat to the economic welfare of the community in which the activity is being carried out, the recipient is unable to finance the activity on its own, and other sources of funding are not available. Vijay Singhal, Chief Executive Officer Date (8) Community development plan YesH No❑ (9) Following a plan YesE No❑ (10) Use of Funds Yes[Z No❑ (11) Excessive Force YesE Non (12) Compliance with anti-discrimination laws YesM No❑ (13) Lead-based paint procedures Yes[] No❑ (14) Compliance with laws YesE Non (15) Compliance with ARRA YesE Non (16) Project selection YesE Non (17) Timeliness of infrastructure investments YesE Non (18) Buy American provision YesE Non (19) Appropriate use of funds for infrastructure investments Yesrq Non (20) 70% of CDBG-R for LMI YesM Non Optional Certification Yes❑ No❑ (2 1) Urgent Need Yes® Non D. STATE CERTIFICATIONS —N/A The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes❑ Non (2) Anti-displacement and relocation plan Yes❑ Non (3) Drug-free Workplace Yes❑ No❑ (4) Anti-lobbying Yes❑ Non (5) Authority of State Yes❑ Non (6) Consistency with plan Yes❑ No❑ (7) Section 3 Yes❑ Non (8) Community development plan Yes❑ No❑ (9) Consultation with Local Governments Yes❑ Non (10) Use of Funds Yes❑ Non (11) Excessive Force Yes❑ Non ('12) Compliance with anti - discrimination 'laws I VNL-j No❑ (13) Compliance with laws Yes❑ No❑ (14) Compliance with ARRA Yes❑ No❑ (15) Project selection Yes❑ No❑ (16) Timeliness of infrastructure investments Yes❑ No❑ (17) Buy American provision Yes❑ No❑ (18) Appropriate use of funds for infrastructure investments Yes❑ No❑ (19) 70% of CDBG-R for LMI Yes❑ No❑ Optional Certification (20) Urgent Need Yes❑ No❑ umo��M i OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ Preapplication ® New ® Application ❑ Continuation *Other (Specify) ❑ Changed /Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: B- 08 -MC06 -0554 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Baldwin Park *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95- 600557 070207998 d. Address: *Street 1: 14403 E. Pacific Avenue Street 2: *City: Baldwin Park County: Los Angeles *State: CA Province: *Country: USA *Zip ! Postal Code 91 706 e. Organizational Unit: Department Name: Division Name: Community Development Housing f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms *First Name: Suzie Middle Name: *Last Name: Ruelas Suffix: Title: Housing Manager Organizational Affiliation: *Telephone Number: 626- 960 -4011 ext 496 Fax Number: 606 - 337 -2965 *Email: sruelas @baldwinpark.com OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: U.S. Department of Housign and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14 -253 CFDA Title: Community Development Block Grant Recovery (CDBG -R) *12 Funding Opportunity Number: N/A *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Low to moderate income CDBG eligible Census Tracts and Block Groups *15. Descriptive Title of Applicant's Project: The City of Baldwin Park will be rehabilitating approximately 5,000 centerline feet of local low- income residential streets. The rehabilitation consists of replacing damaged or failed concrete and asphalt roadway sections, and overlaying the roadway with new asphalt concrete resulting in new roadways. The street improvements will repair roadway features such as curb and gutters, sidewalks, and cross gutters, and will replace localized asphalt pavement failures. The actual streets will be selected from CDBG eligible Census Tracts and Block Groups. OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 31st *b. Program /Project: 31st 17. Proposed Project: *a. Start Date: June 3, 2009 *b. End Date: June 3, 2010 18. Estimated Funding ($): *a. Federal 395,726 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 395,726 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications ** and (2) that the statements herein are true complete and accurate t„ the bast of y knowledge. � � provide 'the r q ired ,,. sur � ** d y comply ,,,,,,,, �,,,�, „�, G.,�u � �„� .,��� �, rn k��.,�.��.. �. � also ����u� .e u���.. a��u�a��ces any agree to with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: Way Middle Name: *Last Name: Singhal Suffix: *Title: Chief Executive Office *Telephone Number: (626) 960 -4011 ext 496 Fax Number: (626) 337 -2965 * Email: vsingal @baldwinpark.com *Signature of Authorized Representative: *Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) CDBG -R Substantial Amendment Grantee Checklist For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG -R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG -R Activities, and SF -424. Contents of a CDBG -R Action Plan Substantial Amendment Jurisdiction(s): _City of Baldwin Park CDBG -R Contact Person: Suzie Ruelas Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Jurisdiction Web Address: Telephone: .... (626) 960 -4011 ext 496 • www.baldwinparkcom Fax: ............... (626) 337 -295 Email: ........... sruelas baldwinpark.com The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADSHEET FOR REPORTING PROPOSED CDBG -R AcT rviTTEs Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG -R Activities? Yes® Non Verification found on page Does the submission include an electronic version of the Spreadsheet for Reporting Proposed CDBG -R Activities sent to the email box CDBG- R@hud.gov? YesZ No( Tate Spreadsheet was emailed: Does the Spreadsheet for Reporting Proposed CDBG -R Activities include, for each activity: amount of funds budgeted for each activity, including CDBG -R funds, any additional Recovery Funds used and total activity budget, Yes® No❑ Verification found on page Abeniix • the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes® NoE] Verification found on page Appe -041 A • the CDBG national objective citation, Yes® No❑ Verification found on page B. CDBG -R INFORMATIONBYACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, including: • a narrative for each activity describing how CDBG -R funds will be used in a manner that maximizes job creation and economic benefit, Yes® No❑ Verification found on page(s) Page 3 and 4 • projected number of jobs created for each activity, Yes® Non Verification found on page(s) Page 3 and 4 • whether an activity will promote energy efficiency and conservation, Yes® No❑ Verification found on page(s) Page 3 • the name, location, and contact information for the entity that will carry out the activity, Yes® No❑ Verification found on page(s) Page 4 • evidence that no more than 10% of the grant amount will be spent on administration and planning, YesM Nou Verification found on page • evidence that no more than 15% of the grant amount will be spent on public services, Yes® No[—] Verification found on page Apeind� A • evidence that at least 70% of the grant amount will benefit persons of low and moderate income, Yes® No❑ Verification found on page C. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the jurisdiction's usual methods and nn the Internet for no less than 7 calendar days of public comment? Yes® NoR. Verification found on page(s) Appendix B Is there a summary of citizen comments included in the final amendment? Yes® NoR. Verification found on page(s) Apt Ada D. CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes® No❑ (2) Anti - displacement and relocation plan Yes® No❑ (3) Drug -free Workplace Yes® No❑ (4) Anti- lobbying Yes® NoR (5) Authority of jurisdiction YesE No[1 (6) Consistency with plan Yes® NoR (7) Section 3 Yes® NoR „A+ // i' Iasi ky M Honorable Mayor and Members of the City Council Marc Castagnola, Community Development Manag June 3, 2009 / YK.-y- SUBJECT: Public Hearing Regarding the Application for the Neighborhood Stabilization Program (NSP) Funds From The State Of California Department Of Housing And Community Development. The City Council is requested to open the public hearing and receive public comment and consider approval of: 1. the Neighborhood Stabilization Program (NSP) application that will allow the City to receive $970,226 in funds from the State of California Department of Housing and Community Development (Attachment "A "); 2. Approve the NSP Subrecipient Agreement with the City of El Monte (Attachment "B"); 3. Approve the City's Anti - Displacement and Relocation Plan (Attachment "C ") 4. Approve Resolution No 2009 -020 approving an application for funding and the execution of a grant agreement and any amendments thereto from the State of California Neighborhood Stabilization Program (NSP) (Attachment "D "). and 5. Authorize the Chief Executive Officer to execute and submit all required documents on behalf of the City in conjunction with the NSP. BACKGROUND / DISCUSSION On July 30, 2008, the President of the United States signed Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA) into law. The President's signature approved several new initiatives and substantial reforms to address the nation's current housing situation. HERA appropriates $3.92 billion for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties, and provides under a rule of construction that, unless HERA states otherwise, the grants are to be considered Community Development Block Grant (CDBG) funds. The grant program under Title III is commonly referred to as the Neighborhood Stabilization Program (NSP). The Agency responsible for the implementation of the program is the United States Department of Housing and Urban Development. Public Hearing NSP Amendment to Annual Plan June 3, 2009 Page 2 of 2 The statute allocated NSP funds to state, county, and local governments. The initial grantee universe was comprised of the 1,201 state, county, and local governments funded in FY 2008 under the regular CDBG formula. However, if a local government received an allocation based on their relative need of less than $2 million, its allocation amount was rolled up into the state government grant. NSP allocations were based on the number and percent of foreclosures, sub prime loans, and loans delinquent or default. As a result, the City was not eligible to receive a direct NSP allocation from HUD. Instead, the City will need to receive its NSP funds through the State NSP Program. The Application Process On rApril 30, 2009, the State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) detailing the requirements of the program. The C y of Bald4win Park expects to receive $970,226 in NSP funds. In order to receive these funds, the City must submit a Joint Use Agreement with a contiguous City so that the combined allocations under the application equal or exceed $1 million; submit a sub - recipient agreement between the lead agency and the subrecipient agency; and submit a complete application package to HCD by June 15, 2009. Partnership with Contiguous City The City will have to enter into a Memorandum of Understanding or a Joint Powers Agreement with other continuous jurisdictions in order to meet the minimum combined allocation of at least $1 million. On January 21, 2009, City Council authorized the Chief Executive Officer to enter into a Joint Use Agreement with the City of El Monte who is eligible to receive $623,142 in order to meet the minimum application threshold of $1 million dollars. Table 1 — Partnerina Cities CITY NSP ALLOCATION Baldwin Park $970,226 El Monte $623,142 TOTAL $1,593,368 The City of Baldwin Park will serve as the "lead- agency" and will be responsible for administrative and reporting requirements under the NSP program. NSP Uses & Eligible Activities The State NSP provides funds to help stabilize and revitalize communities hard hit by the mortgage crisis. NSP funds may be used for activities that include, but are not limited to the following programs /activities: Public Hearing NSP Amendment to Annual Plan June 3, 2009 Page 3 of 3 1. Financing Mechanisms (i.e. soft- seconds, loan loss reserves and shared equity loans for low- and moderate - income homebuyers) 2. Acquisition 3. Rehabilitation 4. Purchase and Rehabilitation 5. Re -Sale of abandoned or foreclosed upon homes or residential properties 6. Land Banks for homes that have been foreclosed upon 7. Demolition of blighted structures 8. Redevelopment of demolished or vacant properties NSP funds may not be used for foreclosure prevention activities, such as: refinancing mortgages and paying back - taxes; or to allow demolition of structures that are not blighted; or to allow for the purchase of residential properties and homes that have not been abandoned or foreclosed upon. The intent of the Neighborhood Stabilization Program is to provide targeted emergency assistance to state, county, and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. Aggressive timelines at the federal, state, and local levels for taking action with these new Neighborhood Stabilization funds have been established by HUD. The City will be required to encumber the funds for eligible activities within 18 months of award. Proposed NSP Project NSP funds will be used support an Acquisition, Rehabilitation and Resale Program. This program will be limited to assisting individuals and families whose income does not exceed 120 percent of the area median income adjusted for family size. In addition, funds will be targeted to helping those areas throughout the City that are hardest hit by foreclosure, abandonment, and bad loans. Attached to this agenda report are a series of maps (Attachment "E ") that will be used to determine the areas of greatest need. They are: 1. Low - Medium Income Areas by U.S. 2000 Census Block Groups (Exhibit A) 2. Areas of High Risk for Foreclosure /Abandonment by U.S. 2000 Census Block Group (Exhibit B) 3. Areas of High Cost Loan Rates by U.S. 2000 Census Block Group (Exhibit C) 4. Predicted 18 Month Foreclosure Rate by U.S. 2000 Census Block Group (Exhibit D) 5. Proposed NSP Target Areas by U.S. 2000 Census Block Group (Exhibit E) The City anticipates entering into an agreement with the East San Gabriel Valley Regional Occupational Program (ROP) for the rehabilitation aspect of this project. The labor for the rehabilitation of each house will be provided on a voluntarily basis by students as they receive hands -on training. The NSP funds will be used to purchase all necessary materials and pay for a portion of the teacher's salary. Public Hearing NSP Amendment to Annual Plan June 3, 2009 Page 4 of 4 Anti Displacement and Relocation Plan The State requires all applicants to submit a written Residential Anti - Displacement and Relocation Assistance Plan for any activities that could lead to the displacement of occupants whose property is receiving funds from these or other federal funding sources. The plan outlines reasonable steps, which the City will take to minimize displacement and ensure compliance with all applicable federal and state requirements. The City `s Anti - Displacement and Relocation Assistance Plan is attached to this report for approval by City Council (Attachment "C "). Citizen Participation Cities that enter into a Joint Powers Agreement (JPA) or Memorandum of Understanding (MOU), must provide an opportunity to all persons who may be affected by the proposed activities, especially low -, moderate- and middle- income (LMMI) persons to voice there concerns and comment on the proposed use of funds. Two public hearings are required under the State NSP Program, one for the Program Design Phase, and a second hearing for approval of the application submittal. The Program Design Phase meeting was held on January 21, 2009 and May 26, 2009. A public notice was published in the San Gabriel Valley Tribune in both English and Spanish as required by HUD. The public comment period for the NSP application began May 28, 2009 and concluded at the June 3, 2009 public hearing. A copy of the publication is on file with the Housing Division. FISCAL (IMPACT There is no impact to the General Fund. IREC ®Iy" ."ENDATION Staff recommends that the City Council: 1. Open the public hearing to receive public comment on the application that will allow the City to receive $970,226 in Neighborhood Stabilization Program (NSP) funds from the State of California Department of Housing and Community Development to primarily help stabilize and revitalize communities hard hit by the mortgage crisis; 2. Approve the NSP Subrecipient Agreement with the City of El Monte; 3. Approve the City's Anti - Displacement and Relocation Plan; 4. Approve Resolution No 2009 -020 approving an application for funding and the execution of a grant agreement and any amendments thereto from the State of California Neighborhood Stabilization Program (NSP); and 5. Authorize the Chief Executive Officer to execute and submit all required documents on behalf of the City in conjunction with the NSP. Public Hearing NSP Amendment to Annual Plan June 3, 2009 Page 5 of 5 ATTACHMENTS Attachment "A" - NSP Application Attachment "B" - Sub-recipient Agreement Attachment "C" - Anti-Displacement and Relocation Plan Attachment "D" — Resolution No. 2009-020 Attachment "E" — Maps Exhibit A - Low-Medium Income Areas by U.S. 2000 Census Block Groups Exhibit B - Areas of High Risk for Foreclosure/Abandonment by U.S. 2000 Census Block Group Exhibit C - Areas of High Cost Loan Rates by U.S. 2000 Census Block Group Exhibit D - Predicted 18 Month Foreclosure Rate by U.S. 2000 Census Block Group Exhibit E - Proposed NSP Target Areas by U.S. 2000 Census Block Group A Application Summary Forms California Department of Housing and Community Development n Neighborhood Stabilization Program (2009) 1 Lead Applicant Applicant Agency Name: City of Baldwin Park Address: 14403 East Pacific Avenue City: Baldwin Park State: CA Zip Code: 91706 Is this application being submitted on behalf of more than one jurisdiction? M Yes ;Complete all joint applicant sections.; ❑ NO Please note that the implementation of a joint agreement between all applicants is required. In addition, the lead agency must establish subrecipient agreements with any entity that will receive any NSP funds. 2. Authorized Lead Representative (per the Resolution) Name: Vijay Singhal Title: Chief Executive Officer Phone: (626) 960 -4011 Ext: N/A FAX: (626) 337 -2965 E -mail: vsinghal@baldwinpark.com ® Check here if address information is the same as above; if not, fill in information below. Address: City: State: Zip Code: Signature: Date: 3: Lead Applicant Contact (if different than above) ® Check here if address information is the same as above; if not, fill in information below. Note that this person will be contacted in the event that additional application information is required. Failure to respond to the Department's request in a timely manner may result in denial of the application. Name: Suzie Ruelas Title: Housinq Manager Address: City: State: Zip Code: Phone: (626) 960 -4011 ext. 496 E -mail: sruelas(Qbaldwinpark.com Application Summary Forms 4. Joint Applicant(s) (list all joint; applicants) 1. Agency: City of El Monte Contact: Javier Reyes Title: Housing Manager Telephone: (626) 580 -2070 E -Mail: ire r�(a�elmonteca.gov 2. Agency: Contact: Title: Telephone: E -Mail: 3. Agency: Contact: Title: Telephone: E -Mail: 4. Agency: Contact: Title: Telephone: E -Mail: 5. Agency: Contact: Title: Telephone: E -Mail: 6. Agency: Contact: Title: Telephone: E -Mail: 7. Agency: Contact: Title: Telephone: E -Mail: Neighborhood Stabilization Program 2 City of Baldwin Park City of El Monte Application Summary Forms Lead Agency: City of Baldwin Park Legislative Representatives Information: NSP Funding: $ 970,226 District # First Name Last Name Assembly Senate Congress Include information for all joint applicants in this NSP Application. 1. Joint Applicant: City of El Monte NSP Funding: $ 623,142 Legislative Representatives Information: District # First Name Last Name Assembly 57th Edward P. Hernandez Senate 24th Gloria Romero Congress 22nd Currently Vacant District # First Name Last Name Assembly Senate Congress Include information for all joint applicants in this NSP Application. 1. Joint Applicant: City of El Monte NSP Funding: $ 623,142 Legislative Representatives Information: Neighborhood Stabilization Program 3 City of Baldwin Park City of El Monte District # First Name Last Name Assembly 49th Mike Eng Senate 24th Gloria Romero Congress 22nd Currently Vacant Neighborhood Stabilization Program 3 City of Baldwin Park City of El Monte District # First Name Last Name Assembly Senate Congress Neighborhood Stabilization Program 3 City of Baldwin Park City of El Monte Application Summary Forms Applicant: City of Baldwin Park Activity: Acquisition /Rehabilitation /Resale Program Activity Description Total Activ ity Budget Activity Delivery % Activity Dollars Activity Delivery Dollars Acquisition- Single Family Homes $717,226 8.0% $664,098 $53,128 Rehabilitation- Single Family Homes $179,000 12.0% $159,821, $19,179 Homebu er Counseling $1,000 0.0% $1,000 $0 Sale- Sin le Family Homes $24,500 4.0% $23,558 $942 $0 $0 $0 $0 $0 $0 _$0 $0 $0 $0 $0 $0 $0 $0 $0 $a GENERAL ADMINISTRATION $48,500 5.0016 TOTAL FUNDING REQUESTED $970,226 Neighborhood Stabilization Program 4 City of Baldwin Park City of El Monte Application Summary Forms Applicant: City of El Monte Activity: Acquisition /Rehabilitation /Rental Program Activity Description Total Activity Budget Activity Delivery % Activity Dollars Activity Delivery Dollars Acquisition- Single Family Homes $538,168 4.0% $517,469 $20,699 Rehabilitation- Single Family Homes $43,053 4.0% $41,397 $1,656 Ac /Rehab- Soft Costs $10,764 4.0% $10,350 $414' $o $0 so $0 $0 $o $0 $0 $o $o $o $0 $0 $0 $0 $0' $o $o GENERAL ADMINISTRATION $31,157 5.0 % TOTAL FUNDING REQUESTED $623,142 Neighborhood Stabilization Program 5 City of Baldwin Park City of El Monte Application Summary Forms As applicable to all proposed activities within this NSP application, please identify the proposed number of families, properties and /or housing units for each activity. Applicant: City of Baldwin Park Activity: Acquisition /Rehabilitation /Resale Program (B) Purchase and Rehabilitation Proposed Number of Properties/ Housing Units Acquisition Rehabilitation Sale Rental Single - Family 3 3 3 0 Multi - Family Applicant: City of El Monte Activity: Acquisition /Rehabilitation /Rental Program (B) Purchase and Rehabilitation Proposed Number of Properties/ Housing Units Acquisition Rehabilitation Sale Rental Single - Family 3 3 0 3 Multi - Family Estimate assumes that a total of three units will be purchased, rehabilitated, and sold. 2 Estimate assumes that a total of three units will be purchased, rehabilitated, and rented. 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E (D = o 0 U) '0 m U- a) 4- a) m 4- a) Cu 0- (Do E E E m m 0 m Zvi 0 0 C LL 4- (1) U U) 1 �C: m= _r_ m -C 0 0 0 4-1 o C /) CD >1 a) >% tf a) re M 0-0 (1) 0 C/) - Cf) 06 m LL 06 m a) LL 0 a) CL CD (D CD m a) CD > (n a) — 0- a-) m cr E E cr C7 U3: .2 0 0 < a) 0 0.- < < 0 0 Ca 0 (n a) m O7 U m M 0 o 0 0 (D C: cn E E U- :3 4- O a) 0 Zi c m a) L- 0) 4- Q) M 3 �p c m U- 0) a) a) 0 > E 0 -0 (n 4- U) CD ry ,:', -2 t m a) U) 0 06 Q) > ,O C: 'n 0- CD G) (D lw (D >, :3 E-- 0 4- m C: cn 04- •a) cu -0 cn 0 E U) a) cn (D 4- > 0 E cr 0' 19 CL < 0 a) 0 < 0 c0 n L- 0- loo . lz ti Ic Zi O O 0 0 E E E 0 NSP Activity Detail Applicant: City of Baldwin Park Activity: Acquisition/Rehabilitation/Resale Program 1. Use of Funds Please indicate the proposed uses of the requested NSP funds (for this activity). Check only one eligible category and identify all applicable uses within that category. (Please see the NOFA for detailed descriptions and limitations of these uses.) ❑ Financing Mechanisms (check all proposed uses under this category) ❑ Soft Seconds F-I Down Payment Assistance ❑ Mortgage Write-Down F-I Loan Loss Reserves F-I Shared Equity Loans ❑ Other: Foreclosed Homes/Residential Properties (check all proposed uses under this category) M Acquisition M Rehabilitation Z Homebuyer Counseling F-I Landbanking (of foreclosed homes) (check all proposed uses under this category) F-I Acquisition F-I Landbanking ❑ Rental F-I Maintenance F-I Demolition (of structures that are blighted and pose a threat to human health, safety, and public welfare) F-I Redevelopment (of vacant or demolished properties) (check all proposed uses under this category) F-I Acquisition F-I Redevelopment F-I Rental F-I Sale F-I Other: (describe) ❑ New Construction Neighborhood Stabilization Program 9 City of Baldwin Park City of El Monte NSP Activity Detail Applicant: City of El Monte Activity: Acquisition /Rehabilitation /Rental Program Use of Funds (Continued) Please indicate the proposed uses of the requested NSP funds (for this activity). Check only one eligible category and identify all applicable uses within that category. (Please see the NOFA for detailed descriptions and limitations of these uses.) F-I Financing Mechanisms (check all proposed uses under this category) ❑ Soft Seconds ❑ Down Payment Assistance F-I Mortgage Write-Down ❑ Shared Equity Loans F-I Loan Loss Reserves F-I Other: Foreclosed Homes/Residential Properties (check all proposed uses under this category) N Acquisition M Rehabilitation ❑ Sale ❑ Homebuyer Counseling ❑ Landbanking (of foreclosed homes) (check all proposed uses under this category) F-I Acquisition F-I Landbanking F-I Maintenance F-I Demolition (of structures that are blighted and pose a threat to human health, safety, and public welfare) F-I Redevelopment (of vacant or demolished properties) (check all proposed uses under this category) F-I Acquisition F-I Redevelopment ❑ Rental F-I Sale F-I Other: (describe) ❑ New Construction Neighborhood Stabilization Program 10 City of Baldwin Park City of El Monte NSP Activity Detail 2. Total Budget for this Activity (including activity delivery) Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program The budget for the Acquisition, Rehabilitation, and Resale project using NSP funds is $921, 726.6 This amount includes $717,226 for acquisition, $179,000 for rehabilitation, $1, 000 for homebuyer counseling, and $24,500 for the sale of the acquired and rehabilitated single- family homes. It is anticipated that units acquired under this activity will be purchased at a discount rate of at least 15 percent (1594o) from the appraised value. The proposed budget may be adjusted based on market conditions or if circumstances warrant. Applicant: City of El Monte Activity Type: Acquisition /RehabilitationiRental Program The budget for the Acquisition, Rehabilitation, and Rental project using NSP funds is $591, 984.' This amount includes $538,168 for acquisitio ►, $43,053 for rehabilitation, and $10,763 for soft costs associated with the acquisition and rehabilitation of single - family homes. It is anticipated that units acquired under this activity will be purchased at a discount rate of at least 15 percent (15 9'o') from the appraised value. The proposed budget may be adjusted based on market conditions or if circumstances warrant. 6 This amount does not include the 5 percent (i.e. $48,500) committed to general administrative costs. 7 This amount does not include the 5 percent (i.e. $31,157) committed to general administrative costs. Neighborhood Stabilization Program 11 City of Baldwin Park City of El Monte NSP Activity Detail 3. Description of Activit Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program C D BG: 24 CFR 570.201 (a) (b) (n); 24 CFR 570.202 National Objective: Beneficiaries will be restricted to low- moderate, and middle - income clientele. Narrative Description: The presence of foreclosed and abandoned or vacant properties can lead to a host of ills including decreased property values and increases in crime and vandalism. Through the implementation of an Acquisition, Rehabilitation and Resale (ARR) program, the City of Baldwin Park hopes to bring stability to neighborhoods within the proposed target areas8. The overall objective of the City's ARR program is to create decent, affordable homes and rebuild the neighborhoods that have been hardest affected by the foreclosure cr %sis. I iris will be done by purchasing foreclosed properties at a discount rate, rehabilitating the properties to meet City and HUD Housing Standards, and selling the properties to low and middle - ii/cZime families at a price based on the appficairt'S incorire airs allffiLy to make payments. Specifically, the City of Baldwin will use funds from the NSP to facilitate the acquisition, rehabilitation and resale of abandoned and foreclosed single- family homes. While the City intends to purchase units individually, they will attempt to negotiate with lenders and financial inst €tutions to obtain a discount on the purchase of foreclosed properties. In negotiating with the fenders and financial institutions, the City will follow the required NSP purchase discount requirement of a minimum of 15 percent (1591o). The City plans to partner with the East San Gabriel Valley Regional Occupation Program (ROP) to complete the required rehabilitation of all single- family homes acquired with NSP funds. The City has successfully partnered with the East San Gabriel ROP in the past. The cost of materials required for the rehabilitation, and a portion of the instructor's salary will be paid for through NSP funds. East San Gabriel ROP student labor costs will be provided on voluntary basis. All of the properties will be sold to households earning 120% of Area Median Income (AMI) or below. Homebuyers will be required to own and occupy the property as their primary residence. The sale price of the property to the homebuyer will be not greater than the total cost for 8 See Area of Greatest Need. Neighborhood Stabilization Program 12 City of Baldwin Park City of El Monte NSP Activity Detail Description of Activity (Continued) Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Acquisition, rehabilitation, and holding costs. Eligible homebuyers will be required to attend a HUD certified, 8 -hour pre- acquisition home ownership class. In addition, homebuyers will also be required to obtain a low -risk mortgage loan, at a fixed interest rate. Homes purchased under the NSP program will be required to maintain a 15 -year affordability covenant. If the home is sold within the 15 -year period, then the full loan amount will be recaptured plus a declining equity share based upon the length of homeownership. Subsidies, if any will be based on the write down amount for the sales price of each property. The City does not propose to provide a direct subsidy to the applicant. Instead it proposed to write down the sales price of the property to enable a low- to middle - income household to qualify for the purchase of the dwelling. The City will retain the rigit, if necessary, to require a repayment of the write -down amount if the buyer sells the property prior to the completion of the affordability period. Neighborhood Stabilization Program 13 City of Baldwin Park City of El Monte NSP Activity Detail Description of Activity (Continued) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program CDBG: 24 CFR 570.209 (a); 24 CFR 570.202 National Objective: Beneficiaries will be restricted to low- moderate, and middle- income clientele. When people in the community lose their homes due to foreclosure, where do they go? Many previous homeowners turn to renting when they loss their homes. As such, the demand for rental properties has had an impact on the availability of affordable rental housing. Through the implementation of an Acquisition, Rehabilitation and Rental program, the City of El Monte, in partnership with a non- profit housing corporation, the Rio Hondo Community Development Corporation (Rio Hondo CDC), plans to bring stability to neighborhoods by increasing the availability of decent, affordable rental housing. This will be done by purchasing foreclosed properties at a discount rate, rehabilitating the properties to meet City and HUD Housing Standards, and renting the properties to low- to middle - income families at an affordable rental rate. Rio Hondo CDC and /or the City of El Monte will attempt to negotiate with lenders and financial institutions to obtain a discount on the purchase of foreclosed properties. In negotiation with the lenders and financial institutions, Rio Hondo CDC and /or the City of E/ Monte will follow the required NSP purchase discount requirement of a minimum of 95 percent (95%). Rio Hondo CDC, which has experience with acquisition, rehabilitation and property management, will be managing the implementation of the proposed program. Once the properties are acquired and rehabilitated, title to the properties will be turned over to the Rio Hondo CDC in exchange for affordability covenants on the properties. NSP funds will be leveraged with private funds (see Leverage Sources). NSP funds will be used to acquire, and rehabilitate the properties. An affordability covenant will be recorded on the property ensuring that the units will remain affordable for a minimum of 95 years, in compliance with HOME Investment Partnership Program affordability requirements. Neighborhood Stabilization Program 14 City of Baldwin Park City of El Monte NSP Activity Detail 4. Areas of Greatest Need Please indicate the areas that have been determined to have the greatest need for this activity. Be as specific as possible (census tract, block group, ZIP code(s), neighborhood boundaries, etc.). Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program The HUD data sets for Baldwin Park were evaluated and a priority ranking system, based on Census Tract Block Groups (CTBG), was developed to identify the areas most at risk of becoming blighted due to current and increasingly large numbers of foreclosed and vacant or abandoned single- family homes. As a result of the City's analysis, the NSP target areas are as follows: 1. Priority Area 1: Census Tract 40.50.02 (including CTBGs — 40.50.02.1; and 40.50.02.2) 2. Priority Area 2: Census Tract 40.52.01 (including CTBGs — 40.52.01.1; 40.52.01.2, and 40.52.01.3) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program The HUD data sets for El Monte were evaluated and a priority ranking system, based on Census Tract Block Groups (CTBG), was developed to identify the areas most at risk of becoming blighted due to current and increasingly large numbers of foreclosed and vacant or abandoned single- family homes. As a result of the City's analysis, the NSP target areas are as follows: 1. Priority Area 1: Areas with Risk Score of "8" (including Census Tracts — 43.28.02; 43.34.03, 43.39.01; and 43.39.02) 2. Priority Area 2: Areas with Risk Score of 7" (including Census Tracts — 43.26.00; 43.27.00; 43.28.00; 43.29.02; 43.32.00; and 43.38.01) Neighborhood Stabilization Program 15 City of Baldwin Baldwin Park City of El Monte NSP Activity Detail' Areas of Greatest Need (Continued) a. Include a map that clearly identifies the proposed target area for this activity and the applicable boundaries. The following exhibits provide a map which clearly identifies the proposed target areas for this activity: • City of Baldwin Park - Exhibit "E" • City of El Monte - Exhibit "E" In this application, the maps are in Appendix A for the City of Baldwin Park and Appendix B for the City of El Monte. Neighborhood Stabilization Program 16 City of Baldwin Park City of El Monte NSP "Activity Detail 5. Determination of Greatest Need Please describe the methodology that was used to determine the areas(s) of greatest need. Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program The City of Baldwin Park analyzed its needs in response to the housing crisis by identifying the CTBG in the City with income levels at or below 120% of the Area Median Income (AMI). For the purpose of this application, the low, moderate, and middle income area will be noted as "LMMH ". There are 40 CTBGs in the City and 97.5 percent are qualified LMMH areas (see City of Baldwin Park Exhibit «A„ In addition to the reviewing the income levels by CTBG, the City obtained "Local Level Foreclosure Data" from HUD at http: / /wvvw.huduser.oi-g /datasets /nsp foreclosure data.html. The data sets provided the City with information pertaining to the following: 1. Low-1`Wedian Income Areas by U.S. 2000 CTBGs; 2. Areas of High Risk of Foreclosure /Abandonment by U.S. 2000 CTBG; 3. Areas of High Cost Loan Rates by U.S. 2000 CTBG; and 4. Predicted 18 Month Foreclosure Rates by U.S. 2000 CTBG. Based on the HUD data sets, the City extrapolated the following information: 1. Estimated foreclosure /abandonment risk score (1 to 10) with 10 being the highest risk) — Baldwin Park's data ranged from 3 to 8 (see City of Baldwin Park Exhibit "B'); 2. Rate of high cost loans (2004 -2006) — Baldwin Park's data ranged from 26.6 percent to 36.5 percent (see City of Baldwin Park Exhibit "C'); 3. Predicted 18 month underlying problem foreclosure rate — Baldwin Park's data ranged from 7.5 percent to 9.1 percent (see City of Baldwin Park Exhibit «D) . 4. Proposed NSP Target Area risk score (1 to 10) with 10 being the highest risk) was developed by creating an overlay of the data reflected in Exhibits A -D (see City of Baldwin Park Exhibit "E') — Baldwin Park's data ranged from 4 to 8. 5. Rate of Housing Price decline since the peak in the housing market (as of June 2008) — Baldwin Park's rate is 14.3 percent, 6. Median unemployment rate (as of June 2008) — Baldwin Park's rate is 8.9 percent; and 7. Residential vacancy rate (as of June 2008) — Baldwin Park's rate ranges from 0.0 percent to 1.2 percent. Neighborhood Stabilization Program 17 City of Baldwin Park City of El Monte NSP Activity Detail Determination of Greatest Need (Continued) Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program The City of Baldwin Park also reviewed data that identified the number of bank - owned properties (REO), government owned properties, and preforeclosed properties from Dataquick. When comparing the data with the HUD data sets discussed above, there was no one area that could be identified by a series of common factors, as the area of "highest" need. Therefore based on the data outline above and City staff's understanding of the community's needs, the NSP target areas are as follows: 1. Priority Area 1: Census Tract 40.50.02 — (including CTBGs — 40.50.02.1; and 40.50.02.2) 2. Priority Area 2. Census Tract 40.552.01 (including CTBGs — 40.52.01.1; 40.52.01.2; and 40.52.01.3) a. Identify the data sources that were used to develop the methodology. Attach documentation. The data for this analysis was provided by the U.S. Department of Housing and Urban Development ("Ur)) and this data can be found on the HUD website at the following web address: http .//www.huduser.org/datasets/nsp foreclosure data.html. The data collected from DataQuick is available at the following web address: http: / /www. dataquick. cam In this application, the documentation is located in Appendix A, Exhibit F. Neighborhood Stabilization Program 18 City of Baldwin Park City of El Monte NSP Activity Detail Determination of Greatest Need (Continued) Please describe the methodology that was used to determine the areas(s) of greatest need. Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program The City of El Monte analyzed its needs in response to the housing crisis by identifying the CTBG in the City with income levels at or below 120% of the Area Median Income (AMI). For the purpose of this application, the low, moderate, and middle income area will be noted as "LMMH ". There are 79 CTBGs in the City and 89.9 percent are qualified LMMH areas (see City of El Monte Exhibit "A'). In addition to the reviewing the income levels by CTBG, the City obtained "Local Level Foreclosure Data" from HUD at http: i /wvwv.huduser.oru;datasets;nsp foreclosure daata.htmIl. The data sets provided the City with information pertaining to the following: 1. Lovv- Median income Areas by U.S. 2000 CTBGs; 2. Areas of High Risk of Foreclosure /Abandonment by U.S. 2000 CTBG; 3. Areas of High Cost Loan Rates by U.S. 2000 CTBG; and 4. Predicted 18 Month Foreclosure Rates by U.S. 2000 CTBG. Based on the HUD data sets, the City extrapolated the following information: 1. Estimated foreclosure /abandonment risk score (1 to 10) with 10 being the highest risk) — El Monte's data ranged from 3 to 7 (see City of El Monte Exhibit "B'); 2. Rate of high cost loans (2004 -2006) — El Monte's data ranged from 9.4 percent to 41.6 percent (see City of El Monte Exhibit "C'); 3. Predicted 18 month underlying problem foreclosure rate — El Monte's data ranged from 4.7 percent to 9.9 percent (see City of El Monte Exhibit "D'); 4. Proposed NSP Target Area risk score (1 to 10) with 10 being the highest risk) was developed by creating an overlay of the data reflected in Exhibits A -D (see City of El Monte Exhibit "E') — A majority of El Monte's data ranged from 4to8. 5. Rate of Housing Price decline since the peak in the housing market (as of June 2008) — El Monte's rate is 14.3 percent; 6. Median unemployment rate (as of June 2008) — El Monte's rate is 8.8 percent; and T Residential vacancy rate (as of June 2008) — El Monte's rate ranges from 0.0 percent to 1.1 percent. Neighborhood Stabilization Program ] 9 City of Baldwin Park City of El Monte NSP Activity Detail Determination of Greatest Need (Continued) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program The City of El Monte also reviewed data that identified the number of bank - owned properties (REO), government owned properties, and preforeclosed properties from Realty Trac. When comparing the data with the HUD data sets discussed above, there was no one area that could be identified by a series of common factors, as the area of "highest" need. Therefore based on the data outline above and City staffs understanding of the community's needs, the NSP target areas are as follows: 1. Priority Area 1: Areas with Risk Score of "8" (including Census Tracts — 43.28.02, 43.34.03; 43.39.01; and 43.39.02) 2. Priority Area 2: Areas with Risk Score of "7" (including Census Tracts — 43.26.00; 43.27.00; 43.28.00; 43.29.02; 43.32.00; and 43.38.01) b. Identify the data sources that were used to develop the methodology. Attach documentation. The data for this analysis was provided by the U.S. Department of Housing and Urban Development (HUD) and this data can be found on the HUD website at the following web address: http : / /www.huduser.orgldatasets /nsp foreclosure data.html. The data collected from Realty Trac is available at the following web address: http: / /www. realtytrac, com In this application, the documentation is located in Appendix B, Exhibit F. Neighborhood Stabilization Program 20 City of Baldwin Park City of El Monte NSP Activity Detail 6. Affordability Provisions Please describe how the applicant will ensure continued affordability for NSP - assisted housing activities. Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program At a minimum, all properties assisted with NSP funds will be subject to the HOME requirement of continued affordability as outlined in the regulations for the HOME Investment Partnership Program (HOME).9 The applicable affordability periods under HOME are as follows: Homeownership assistance HOME Minimum period of amount per unit affordability in years Under $15,000 5 $15,000 to $40,000 1 ^v Over $40,000 15 Continued affordability will be ensured for the entire period of affordability through monitoring. At a minimum, the City will follow the specific HOME monitoring requirements as defined in 24 CFR Part 92. Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program At a minimum, all properties assisted with NSP funds will be subject to the HOME requirement of continued affordability as outlined in the regulations for the HOME Investment Partnership Program (HOME). 10 The applicable affordability periods under HOME are as follows: Homeownership assistance HOME Minimum period of amount per unit affordability in years Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 Continued affordability will be ensured for the entire period of affordability through monitoring. At a minimum, the City will follow the specific HOME monitoring requirements as defined in 24 CFR Part 92. 9 24 CFR 92.254(a)(4). 10 24 CFR 92.254(a)(4). Neighborhood Stabilization Program 21 City of Baldwin Park City ofEl Monte NSP Activity Detail 7. Proposed Number of Beneficiaries by Income Levels Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Number of Households — (LMMH). This chart is only applicable to activities that specifically benefit households (such as housing acquisition, rehabilitation, sale, housing rental, etc.) that are low -, moderate -, and middle - income. Between Between Between 30% - Below TOTALS 81%-120% 51%-80% 31%-50% (Extremely (Middle (Moderate (Low Income) Low Income) Income) Income) 3 0 0 0 3 Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program Number of Households — (LMMH). This chart is only applicable to activities that specifically benefit households (such as housing acquisition, rehabilitation, sale, housing rental, etc.) that are low -, moderate -, and middle- income. Between Between Between 30% - Below TOTALS 81%-120% 51%-80% 31%-50% (Extremely (Middle (Moderate (Low Income) Low Income) Income) Income) 3 0 0 0 3 Neighborhood Stabilization Program 22 City of Baldwin Park City of El Monte NSP Activity Detail 8. Activity Implementation Indicate the type of entity that will carry out the implementation of the proposed activity and eligible uses. Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program F-1 Jurisdiction ❑ Consultant Combination of jurisdiction/consultant AS-0 ❑ Another unit of N Another public Non-profit local government agency ❑ F-1 For-profit n Faith-based Other: organization a. Contact Information. Provide the contact information for the entity responsible for the implementation of the proposed activity and eligible uses. Organ ization/Agency: City of Baldwin Park Contact Person: Suzie Ruelas Contact Title. Housing Manager Address: 14403 East Pacific Avenue City/State/Zip Baldwin Park, CA 91706 Telephone: (626) 960-4011 ext. 496 E-Mail Address: sruelas@baldwinpark.com FAX Number: (626) 337-2965 Neighborhood Stabilization Program 23 City of Baldwin Park City of El Monte NSP Activity Detail Activity Implementation (Continued) Applicant: City of Baldwin Park Activity Type: Acquisition/Rehabilitation /Resale Program Organization /Agency: East San Gabriel Valley Regional Occupation Program Contact Person: Dottie Misetic Contact Title: Instructional Coordinator Address: 1501 West Del Norte Avenue City /State /Zip West Covina, CA 91790 Telephone: (626) 472 -5103 E -Flail Address: dmisetic@esgvrop.org FAX Number: (626) 472 -5125 Neighborhood Stabilization Program 24 City of Baldwin Park City of El Monte NSP Activity Detail Activity Implementation (Continued) Indicate the type of entity that will carry out the implementation of the proposed activity and eligible uses. Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program b. Contact Information. Provide the contact information for the entity responsible for the implementation of the proposed activity and eligible uses. Organ ization/Agency: Contact Person: Jurisdiction ❑ Consultant Address: Combination of City/State/Zip El Monte, CA 91731 Telephone: (626) 401-2784 E-Mail Address: jurisdiction/consultant FAX Number: (626) 401-2778 OR F1 Another unit of Another public Non-profit local government agency F-1 For-profit El Faith-based ❑ Other: organization b. Contact Information. Provide the contact information for the entity responsible for the implementation of the proposed activity and eligible uses. Organ ization/Agency: Contact Person: Rio Hondo Community Development Corp. Tom Morgan Contact Title: Consulting Managing Director Address: 11401 Valley Boulevard, Suite 201 City/State/Zip El Monte, CA 91731 Telephone: (626) 401-2784 E-Mail Address: tom(a-)-riohondocdc.org FAX Number: (626) 401-2778 Neighborhood Stabilization Program 25 City of Baldwin Park City of El Monte NSP Activity Detail Activity Implementation (Continued) Applicant: City of E/ Monte Activity Type: Acquisition /Rehabilitation /Rental Program Organization /Agency: City of El Monte Contact Person: Javier Reyes Contact Title: Housing Manager Address: 11333 Valley Boulevard City /State /Zip El Monte, CA 91731 Telephone: (626) 580 -2081 E -Mail Address: jreyes @elmonteca.gov FAX Number: (626) 580 -2293 Neighborhood Stabilization Program 26 City of Baldwin Park City of El Monte NSP Activity Detail 9. Capacity to Implement the Proposed Activity Please describe the capacity of each agency /organization that will implement the proposed activity. Indicate capacity level and years of experience for similar successful activities, other similar successful programs that have been implemented, etc. Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Within the past five years, the City of Baldwin Park has administered the acquisition and rehabilitation of three properties. One of the three projects was completed in partnership with the East San Gabriel Valley Regional Occupation Program. In addition, the City has successfully administered a Rehabilitation Program since 1979. Since its inception, the City has completed over 250 rehabilitation projects. The City also offered and administered a First Time Homebuyer Program since 1994. The East San Gabriel ROP is a public education service that provides practical, hands -on career preparation and career guidance. The ROP is designed to provide students with technical skills required for particular jobs. Community - based internships in local business and industry sites are offered in many classes, including Residential and Commercial Construction. The Building Trades and Construction sector provides a foundation in the building trades and construction industry. Neighborhood Stabilization Program 27 City of Baldwin Park City of El Monte NSP Activity Detail Capacity to Implement the Proposed Activity (Continued) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program The Rio Hondo Community Development Corporation was incorporated in June of 2002 as a California public benefit corporation and is recognized by the United States Internal Revenue Service as a 501(c)(3) organization. The Rio Hondo CDC has been certified as a Community Housing Development Organization (CHDO) in accordance with 24 CFR Part 92 by the Cities of El Monte and Rosemead. The CDC's key El Monte accomplishments include: • Acquisition and leased -up of five rental homes for large families and the acquisition, rehabilitation and lease -up of an 18 unit apartment building that are collect�veiy known as the Alpha Apa►irnent and Homes. Five of the 23 total units are affordable to families at or below 50% of median income and the remaining 18 units are affordable to families at or below 80% of median income. • The new construction and sale of two homes at 11925 and 199927 Lansdale Avenue (El Monte) to five low - income families. • The acquisition, rehabilitation and lease -up of an existing single- family home at 9331 Glendon Way (Rosemead). • Nearing the completion of construction on two new single - family homes for low - income families at 1630 and 2632 Nevada Avenue (El Monte). • Recently secured entitlements for 7,500 s. f. parcel at 3375 California Avenue. The project will consist of two single - family homes being constructed for sale to two low- income families. • Have secured site control for 32,000+ s.f parcel at 11726 Asher Avenue. The City has approved the Project, which will consist of seven new affordable homes, and City Council approval of tentative map is pending. Neighborhood Stabilization Program 28 City of Baldwin Park City of El Monte NSP Activity Detail 10. Activity Timeline Include the anticipated start and end dates of each eligible use as well as the total proposed timeframe for activity implementation. Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Eligible Use Proposed Start Date " Proposed End Date 12 Total Timeframe (in months) Acquisition July 2009 July 2013 48 Rehabilitation July 2009 July 2013 48 Homebu er Counseling July 2009 July 2013 48 Sale of Single-Family Homes July 2009 July 2013 48 Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program Eligible Use Proposed Start Date Proposed End Date Total Timeframe (in months) Acquisition Sept. 2009 March 2010 7 Rehabilitation Nov.2009 Nov. 2010 12 Ac a. / Rehab. Soft costs Sept. 2009 Nov. 2010 14 Project Delivery Au . 2009 Dec. 2010 17 11 Actual start date will be determined based upon release of funds from HCD. 12 As long as funds are available (i.e. additional funds available through program income) the City will continue to acquire, rehabilitate, and sell foreclosed properties; however, the funds /program will end no later than July 2013. Neighborhood Stabilization Program 29 City of Baldwin Park City of El Monte I 0 7 M U Q IMMUNJ a • • a� «s a� N 0 U N O U Z3 E O t C13 � O � U o� "Z-3� N U N O � Q nn,1 W `V O J O P, tSi O O � N � r O M N L r � M V L u� a� "a 4) 0� 0 E 'a C C � G. d CO Z Z m O V L 4) M Q O W Lf) O F- t*- r r o � o U U 0 M 0 0 ° 0 0 ® ai x Q� s. m N 10 O 0 O O O O O O O 7 � O �f r O r r r E9 r (f). 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Z O v v d CL 0 . o 1 r • o � 'y o U U N M bo 0 0 Cn 0 0 0 E 7 t6 +1 C v Q_ C O ft5 t3 Q V a. co z Q) 0 U N O O t0 L„ N "O O N U O v L O v v U O V co W O z T- v Q) Q) w U LU Z's O a o w r a W r r a N O M d .Q cn C CL K a) im C a cn z O s 0 L d CL o • o � `o U U M M 15 0 O ti 0 0 O +r c� cs ." �. 00 r O N , A � Q} di 'L C Q � r C = ca N O r N � v O❑ e A Q. o � LO Q3 O ® 41 = O o Q CN O - O L M o O co (0 co o m LO c`7 o CO co C3 4 00 co t CD h N O N (� 4) I- co �° co 00 CD M "' U) V9, LO i co t�- CD ® •i i CD C� Q 0 a� ?' O U >- Y O � c o cn H g � O N w W :3 Q Q r r a N O M d .Q cn C CL K a) im C a cn z O s 0 L d CL o • o � `o U U M M 15 0 O ti 0 0 O NSP Activity Detail 13. Environmental Clearance Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation/Resale Program What is the anticipated level of environmental clearance under the National Environmental Policy Act (NEPA) for each eligible use that is being proposed under this activity? For the proposed activities of acquisition, rehabilitation and sale of single - family homes, the City of Baldwin Park and the City of El Monte anticipate preparing a Level of Environmental Review Determination (LOR) and statutory checklist or equivalent (e.g. Rehabilitation Review Record for rehabilitation activities) for each acquired and rehabilitated unit. If compliance is triggered when completing the statutory checklist, the City(ies) will then publish /post a Notice of Intent (NOI) and Request I or Release of Funds (RROF), wait 7 to I v^ days far any public comment, and send RRPF to HUD /HCD for approval. Homebuyer Counseling under the JIVEPA regulations is a categorically excluded activity and is not subject to 58.5. For this activity the City(ies) anticipate preparing a (LOR) and documenting its exempt status and compliance with 58.6 in the project's environmental review record. a. Does the grantee anticipate encountering any environmental concerns that may cause activity implementation to be delayed? M Neighborhood Stabilization Program 34 City of Baldwin Park City of El Monte NSP Activity Detail Environmental Clearance (Continued) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program What is the anticipated level of environmental clearance under the National Environmental Policy Act (NEPA) for each eligible use that is being proposed under this activity? For the proposed activities of acquisition, rehabilitation of housing (1 -4 units) and rental of single family homes activities, the City anticipates preparing a Level of Environmental Review Determination (LOR) and statutory checklist or equivalent (e.g. Rehabilitation Review Record for rehabilitation activities) for each activity. If compliance is triggered when completing the statutory checklist, the City will then publishfpost a Notice of Intent (NOI) and Request of Release of Funds (RROF), wait 7 to 10 days for any public %ii�id"ient, and send RROF to i itJ'DOState yr approval. b. Does the grantee anticipate encountering any environmental concerns that may cause activity implementation to be delayed? No. Neighborhood Stabilization Program 35 City of Baldwin Park City of El Monte NSP Activity Detail 14. Readiness Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Please describe the status of applicable readiness factors for each proposed eligible use, which demonstrate the applicant's ability to begin implementation expeditiously. (Please add other factors, as appropriate.) ENVIRONMENTAL Clearance by STATUS COMPLETED? State NSP (What has been done up to (Yes, No, NIA) (Identify each eligible use and the this point ?) specific environmental clearance activities.) 1. Acquisition- Single Family Homes Level of Environmental Preparation of form is in No Determination � progress. Waiting for specific site location. Statutory Checklist Preparation of forms is in No progress. Waiting for specific site location. Notice of Intent & Request of On hold until specific site No Release of Funds (if applicable) information is obtained. Request of Release of Funds (if On hold until specific site No applicable) informative is obtained. 2. Rehabilitation of Single Family Units Level of Environmental Done Yes Determination Statutory Checklist or Rehabilitation Environmental Review Form Notice of Intent and Request of Release of Funds (if applicable) Request of Release of Funds (if applicable) Rehabilitation Review I Yes Record (RER) has been prepared. Appendix A of this No application is on hold until a specific site is identified. On hold until specific site No information is obtained. On hold until specific site NO information is obtained. Neighborhood Stabilization Program 36 City of Baldwin Park City of El Monte NSP Activity Detail ENVIRONMENTAL Clearance by STATUS COMPLETED? State NSP (What has been done up to (Yes, No, N /A) (Identify each eligible use and the this point ?) specific environmental clearance activities.) 3. Sale of Single Family Units ` Level of Environmental Preparation of form is in No Determination progress. Waiting for specific site location. Statutory Checklist Preparation of form is in No progress. Waiting for specific site location. Notice of Intent and Request of On hold until specific site No Release of Funds (if applicable) information is obtained. Request of Release of Funds (if On hold until specific site No applicable) information is obtained. 4. Homebuyer Counseling Level of Environmental This document has been Yes Determination prepared and signed by the Certifying Official or his/her designee. Document This document has been Yes prepared and signed by the Certifying Official or his /her designee. 5. NSP Administration Form has been prepared Yes and signed. Neighborhood Stabilization Program 37 City of Baldwin Park City of El Monte NSP Activity Detail Readiness (Continued) Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program Please describe the status of applicable readiness factors for each proposed eligible use, which demonstrate the applicant's ability to begin implementation expeditiously. (Please add other factors, as appropriate.) ENVIRONMENTAL Clearance by STATUS COMPLETED? State NSP (What has been done up to (Yes, No, N /A) (Identify each eligible use and the this point ?) specific environmental clearance activities.) 1. Acquisition (Sing le- Family��: Level of Environmental Preparation of form is in No r-% uetermination Waiting I_._ progress. i, many for specific site location. Statutory Checklist Preparation of forms is in No progress. Waiting for specific site location. Notice of Intent & Request of On hold until specific site No Release of Funds (If applicable) information is obtained. Request of Release of Funds (If On hold until specific site No applicable) fall fell. information is ob* 2. Rehabilitation of Single Family Units` Level of Environmental Done Yes Determination Statutory Checklist or Rehabilitation Environmental Review Form Notice of Intent and Request of Release of Funds (if applicable) Request of Release of Funds (If applicable) - Rehabilitation Review Yes Record (RER) has been prepared. - Appendix A of this No application is on hold until a specific site is identified. On hold until specific site No information is obtained. On hold until specific site NO information is obtained. Neighborhood Stabilization Program 38 City of Baldwin Park City of El Monte NSP Activity Detail ENVIRONMENTAL Clearance by State NSP (Identify each eligible use and the specific environmental clearance activities.) 3. M STATUS (What has been done up to this point?) COMPLETED? (Yes, No, N/A) Neighborhood Stabilization Program 39 City ofBaldwin Park City of El Monte STATUS COMPLETED? SPECIAL CONDITIONS (What has been done up to (Yes, No, N/A) this point?) NSP Program Income Reuse Plan On hold until HCD No completed guidelines are released NSP Program Income Reuse Plan On hold until HCD No approved by Board Resolution (after mjirjtz _q 1inP are are released proper citizen participation) Evidence of Public Hearing for NSP On hold until HCD No Program Income Reuse Plan guidelines are released Rehabilitation Program Guidelines Preparation of form is in No completed and approved progress. Homebuyer Assistance Program Not Applicable No Guidelines completed and approved Anti-Displacement and Relocation Plan prepared for City Yes Assistance Plan Council approval Neighborhood Stabilization Program 39 City ofBaldwin Park City of El Monte NSP Activity Detail Neighborhood Stabilization Program 40 City of Baldwin Park City of El Monte STATUS COMPLETED? Other Factors (What has been done up to (Yes, No, N /A) this point ?) Waiting List — Eligible Participants Not applicable at this time N/A Waiting List — Eligible and Pre- Not applicable at this time N/A e qualified Participants Program Marketing Materials Preparation of form is in No progress. List of Potential Bidders On hold until specific site No information is obtained. All Financinq Secured Not applicable at this time N/A Neighborhood Stabilization Program 40 City of Baldwin Park City of El Monte FA Applicant: City of Baldwin Park Activity Type: Acquisition /Rehabilitation /Resale Program Q ,a xLL M w m v a. _ Q W Cl) \o -0 \o \° \o \ \ \o \° \o \o \ \ \° \o \° \o \° \o \ \o \ \° \ \° \° \o \o \° \° \° \o \o \ \o \o \o \ \o \° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO LO LO U) Cl) M Cl) O O N N N N 00 00 IT N N N (O (O d' d" N N N N Cl) 01 ;T d' d' U) U) ti ti ti' t d' O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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N N N N O d7 0) M M 00 00 00 00 O O (N It d' It 0) 0) O O N N N N (O (0 a1 O O N N O m 0) 00 00 (0 CO M M M N N N CO M N N N N CO M CO M CO M N N N N M M M M M CO N N N M M N N N N N N \° \o \° \o \ \° \o \° \° \o \ \° \ \ \ \ \° \° \° \° \o \o \o \o \° \ \° \° \ \ \o \° \° \° \° \o \ \° \o \o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) 07 O O 0) 0) 0) M 0) O m 0) O O 01 0) O 07 0) 0) O Cl) 0) r O 07 W 07 0) 0) Cl) O O m 0) 0) m 07 O 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 06 00 i` 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 \o \o \° \ \° \o \o \o \° \o \o \o \° \o \° \o \o \° \o \ \° \ \° \o \ \o \o \o \° \o \° \° \° \o \ \o \o \o \o \o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M CO M M M M M M M M CM M M M M (M M Cl) CM M M M M M M cM M CO M CO CO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r I- I-- I-- I- tl- fl- 1l- M M r I` I-- h tom- tl- N tl- tl- i`- t.- I- r- tl- (O (O 0 w w 00 I- r - Il- ti I` I- I- t` I- tl- M r O I- M M M O M N N M (D M N CT M LO M 00 t- (O d' O O t- M M M 00 N U) U) N M d' O O U) U) U) U) M O 01 (D Lf) O 0) O N r 00 N O (0 M U) 'IT (0 (O N O 14' LO r I'- U) 00 U) O Imo- U) N U) lqh 0) (O (0 "T ct M r 00 D) 0) CO (O 0) U) O r- (D 00 1'- 0) N O CO 00 0) O 0) M (0 M N 00 M N 0) O 00 t- OD M M N r r N r r N r N r r N r r r N N r r c- c- M r r N N (N M r r r r r M M r M O M r LO N d' rl- M M M O O 1` t` r �T M M M M O O U) N O M M I` N O r M 00 00 (() w M t` Orl- M M U) M M 4- LO (O N M t- Lo m O M d' M r M U) (0 r M M (D O M W d r O r I- t- M g M O 'T r d M O M U) N I-- LO (0 N r I- M M N I` M I-- St' CO !`- M r CO M CO N CO 0 (14 r N r N r r r r r r r r r r r r N r r r r i �i r r r r N N \° \o \o \o \° \o \o \o \o \o \° \° \° \° \ \° \o \ \o \° \° \o \° o \o \o \ \° \o \ \o \ \° \o \° \o \o \o \o \o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (^ O 0) 0) M M C'� rn ti� n r� rr r.0 (O O M d' CO 0 M O o0 1-0 ti O rW v) 0 00 M M� O ti L^ rW r"D Cl) 00 U) 00 O M r N d (O O �P LO cT (0 M LO M 00 (0 O 0) LO (O M � 0) � � N 00 �P 00 O N (O 0) O M 00 O OD ti I` (0 m 00 r t`� N (0 (O 00 (0 U) r- O (O O ti O O I` r U) t- 00 (0 (0 r- ti O Imo- I` O 00 (O (0 W W W W W W W W W W W W W W W W W W W W W W W o W W W W W W W W W W W W W W W W >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- z >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- r N M ;Tr N M r N r N M d' r N r r N M r N r- N M r N M r N r N M r N r N M r N r r r r r N N N M M r r r r N N M r r r N N M M r r r r N N r r r N N r r r N N M 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl Il- t- [,- t- r- rl- 1l- tl- rl- 00 00 00 00 00 00 00 0) 0) 0) 0) 0') 0) 0) O O O O O O r r r r r N N N N N N IT d' d' It I�r � Iq Iq d' IT cY "T d- d' d' d It dT �T d' d' Iq Iq U) U) U) LO LO LO U) U) U) U7 LO LO U) U) U) U) LO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d' dT ;T Iq I "qT IT Iq IT IT d IT It It It dT It dT d- d Iq "T I;7- d d efi IT It It IT It IT IT 11' IT IT IT d d- It Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z_ z _z_z_z_z_z_z_z_z_z_z_z_z_z_z_z_ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J a a Applicant: City of El Monte Activity Type: Acquisition /Rehabilitation /Rental Program i dQ dtis N G N d q1 L m LL ® I- Z m v W V E L 0. V 0 Q W to \° \° \ \ \° \° \ \° \o \o \° \o \° \° \° \° \° \° \° \o \o \o \° \° \° \° \° \o \° \° \ \o \o \o \o \o \° \o \o \o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.0 (p (0 00 00 r r O O O O N N r r r 'T q- q- q' d- q' q- q' r r r "t d' q Q- LC) LC) T q' q' N r r r O O O Cl O r r 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0(D 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \ 0 \ \0 0 \ \0 o 0 \o 0 \ \ 0 \ 0 \ 0 \ 0 \ 0 \ -.-0 0 \o 0 \° \ \ \ \o 0 \ 0 \ 0 \ \ 0 \ 0 \° 0 \o 0 \o 0 \° -0-0 \o Il- O h d t-- 00 M t- t+ 1` � Ln Lo O 07 M N N N N q' q' q' q' Lo LC) LC) O 0) 0) O r r O O 07 O 0) D7 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I- U) U) LO q q" IT (D (D (0 (O (O (o (o (o (o I` n 11 r- I-- 1` h- 1` M M M Il- I` M w m O m (O M (o M \o \o \° \o \° \o \° \o \° \o \° \o \° \° \° \° \° \o \° \o \° \o \° \o \° \o \o \o \° \ \o \ \o \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g M M q q q I- LC) LC) LC) L() M M d7 O 07 oo oo oo 00 r r r r N N N M M M M M M (O (O (O N q (o M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N LO LC) M M O M r r r r O O N N N q d q' T (0 O (D (D O O O O O 0) M O O r r r r- N N N M r r r r N N N N N N N N N N N N N N N N N N N N N N N N CO M g q q' r N N N o \ a \ o \ 0 \° 0 \ 0 \o 0 \° 0 \o 0 \o 0 \° 0 \ o \ \a o \ 0 \ \ -.-0 0 \° 0 \o \ \0 \ \ \ \0 0 \o 0 \ 0 \ 0 \ 0 \° \o \0 0 \ \ \ r r M M r M M M M 00 00 M 00 00 Oo 00 co 00 M M 00 O 00 00 00 00 00 00 00 M 00 M 00 OO M OR M 00 0o M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I` N 00 M i` 00 00 00 00 00 00 00 oo 00 M Co 00 00 00 00 M 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Oo -0 \o -.O �O `-0 -.O �O \o \o \o \ \ \ \° \° \o `0 \o �O \ \ \o \o \o \o \ � 0- \, \° \° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M C') CO M M M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r ti tf) (D (D Lt) Lf) LC) M M M M LC) LO LO LO M (D O (D O ti rl- I`- �- LO LO LO I` ti I` I` 1`- ti ti I-- 1` LS) LC) Lt) V) O O Imo- O O r 0 M O O M N N N O O N N M (O N (D O M N r- N M M r N N L() LO N N t- O O t- r M N O (o LO N O N O LC) M LO r- N LO N M O r t- O r r W LC) W O t- N O oo 0) q' N M O q' M (D O r- LC) LO LC) �- 0 r- O N M M M N M N N M M O LO r r r N CO r r r N r r N r r r r r N r r N r N q' N 0 0 LO 0 0 O O M r O M M LC) r r r q- O g r q M q (D 0 M N O I- h r (D M M M (0 O O N N M r- M O 0) (D M= O O r-- O t- CO LO N 00 Li) Lt) t- M M LO M r r r- 0) 1- N (D 0) (0 (0 00 0) LC) N O I` CO N r r g N O M 0) r O 0 M 00 N O O N (D r r M O LP) O r r N r r r r r r r r r r r N r r N r N M N 0 \ \0 \0 \0 0 \ \0 0 \ \ 0 \ \ \ \0 \ \0 0 \ \0 \0 0 \ 0 \ \0 \0 \0 \ \0 \0 \ \0 0 \0 o 0 ° \ 0 o 0 o \ 0 o \ \ 0 O O.- O O `i' O M N w (D q' N(D `c- u, N v, i� iv u i w iv _r Li, v u7 M CO (v v, i- O O i- N . . 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V! O 0 O r r r r In Lo U-) U-) Lo U) 0 (D 0 0 m Ui 0 0 r r. r Lo Lo La Ln Lo d d r r- r r r r- r r 0 cD m L O = N W Q a' N N O M M M d' d' (D M M r- r r O O M d' M M LO r- (D M M r O d' O M O N M U) n N In 'I M O O O M 0 0 0 q I (D M (D O O CD M M M r• M O N M M r O M (D U) M O O r M CD M d' r- M N m p r r N r O CD O M LO r M d' O r 00 LO r d �t (0 O r r LO M U) O (0 M (0 CY) (D M O r- r I- N r r N N N M r N r r r r N N r N r r r N N r r r r r N r N a E 0) rJ' r- O M M r 0 0 C? N O r O r M M (D CO N r= (3) %* O IT O M CO O r CF) M r O r r® C" (0 CO ._ U) wq O r (D N r- O 00 d dt N O O M (D O r O 00 0) r I- r CD LO r (D r-- r LO r- (D M O r- N r p a M O M N CO (D M (D d' M co M M M CO M CO r N (N M O r M N CT' O) d r M P- r r L() N r- N 2 L O N r N N r r r r r r N r N r r C r r r r r N N m G) N 'I a CD o oo 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 to Q rn_ n r r- 00 M rl N O N I O� rn Cl) °O ON., M 1-0 t-- M CD a) N sr O H O 0 O r O r If r � n L( Ln CD O O 4 ) LO r O N N O 0 r M (D M M M O) M M M r L) M M 1- CD M M M M O M M r O M D) O M O M co M r- M 0 M (0 a ��cnv�cncncncncncncnv�v�cncncnv�cncnfncnC/ �cncncncncnQcncncncnu�cncncncncncn {ncn H &W w w w W W W W w W W W W W w W W w w W W W W W w W w W W W W W W W w w w W W W .r 4) Y Q i4 0 p r N Cl) d r N CO c1' r N M ;T r N r N r N CO r N M d r N c7 r N CM r N M r N r N CO C13 CD L N O O O O r r r r N N M M M M r r N N M CM M N N N N r r r r r r N N N r r N N N O 0 0 0 0 0 0 0 0(D 0 0 0 0 0 Co 0 0 0 C) 0 0 C) 0 0 0 0 0 0 0 0 C) C) 0 0 0 Cl Cl 0 0 L, N N N N N CO M M M M CM CM M CO CO d d d' d' lq' 'T � Lf) L() L() L() (D M M 0) 0) O 6) 0) O O O O O O i i. M M M co M M M M M M M M M co M M co M M M c? M M M M M M co M M M co M M 'IT 'IT IT d' d N O M M M M co M co co M M M M M M (M CY) M M M M M M co M co (M M co co co M CY) M co co co co M M i � O m Q- y'' E X W= U Z W W W W W W W W W W W W W W W W W W W w w W W W W W W W W w w W W W W W W W W I- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- I' Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Wm 000000000000000000000000000000000000000 a. FE 7>- 2222 a x 0 J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J Q W fA w W W W W W w w W W W W W W W W W w W W W W W W W W w w W w W w W W W W W w W C City of EI Monte ~` \bpy Low - Medium Income US 2000 Census Block Groups o ®r so0o 0 2000 4000 SCALE CITY LIMITS BOUNDARY ow to medium incorne areas Not Eligible areas REVISED 11 -18 -08 Risk Score (1 a= Highest) A 3 4 5 6 7 5 9 10 City of El Monte Foreclosure /Abandonment US 2000 Census Block Groups 1000 300E 5000 0 2000 400C SCALE �•�� CITY LIMITS BOUNDARY REVISED 05 -25 -09 Risk Score L_ 4 City of El Monte High Cost Loan Rate US 2000 Census Block Groups D00 3000 5000 0 2000 4000 SCALE ..... CITY LIMITS BOUNDARY REVISED 05.....2 ..._09 'I'D Risk Score P� SF 2F, YQ B -1 11 Am City of El Monte Predicted 18 Month Foreclosure Rate US 2000 Census Block Groups 100E 3000 5000 0 2000 4000 SCALE CITY LIMITS BOUNDARY FE'VISED On- -25 -09 \�pSFVy` 'IRO 0 3 4 5 6 7 8 9 10 E. City of El Monte Eligible NSP Areas 000 3000 5000 0 2000 4000 SCALE —• —•— �iTY LIMITS BOUNDARY E__...... - - --t i = Not Eligible areas REVISED 05 -25 -09 lPR� no" I OP4 i -1 MR � SUBRECIPIENT AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation in the County of Los Angeles, hereinafter referred to as "BALDWIN PARK," and the CITY OF EL MONTE, a municipal corporation in the County of Los Angeles, hereinafter referred to as "EL MONTE": WITNESSETH WHEREAS, pursuant to the Housing and Economic Recovery Act of 2008, pursuant to Title III of Division B, under the heading Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes, reicrred to henceiurth as the Neighborhood Stabilization Program (NSP) and as permitted by NSP and the HUD regulations, 24 CFR 570.308, BALDWIN PARK and EL MONTE have entered into the certain Joint Use Agreement dated January 20, 2009, so the combined total of NSP funding received collectively by both would exceed the $1,000,000 threshold (the "Joint Use Agreement "); WHEREAS, pursuant to Section 14 of the Joint Use Agreement, each party is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503; WHEREAS, this Agreement shall serve as the subrecipient agreement required by 24 CFR 570.503; and vdHEREAS, on June 3, 2009, the City Council of BALDWIN PARK authorized and approved this Agreement and on June 2, 2009, the City Council of EL MONTE authorized and approved this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived by BALDWIN PARK and EL MONTE and of the promises herein contained, it is hereby agreed as follows: 1. This Agreement shall remain in effect during the entire period EL MONTE has control over CBDG funds received by EL MONTE pursuant to the NSP, including program income. 2. STATEMENT OF WORK. A description of the work to be performed, a schedule for completing the work, and a budget are attached to this Agreement as Exhibits A, B and C, and incorporated herein by this reference. Those descriptions are in sufficient detail to provide a sound basis for BALDWIN PARK to monitor, effectively, performance under the Joint Use Agreement. 01067/0013/67494.01 3. RECORDS AND REPORTS. BALDWIN PARK hereby specifies the following particular records and reports must be maintained and submitted by EL MONTE in order to assist BALDWIN PARK in meeting its recordkeeping and reporting requirements: • Quarterly Performance and Expenditure Report (due 15 days after the end of each quarter) • Quarterly NSP Program Income Report (due 15 days after the end of each quarter) • Annual Section 3 Report (due July 31 of each year) • For prevailing wage activities only: A Semi - Annual Wage Compliance Report must be submitted by October 31 and April 30 of each year during the construction period • For prevailing wage activities only: A Final Wage Compliance Report must be submitted within 30 days after construction has been completed NCOTn• Begiru ing July 1, 2010, all State NSP grantees may be required to submit the ��. L Performance and Expenditure Report on a monthly basis if total NSP funds are not obligated or expended. Failure to comply with submission of the required reports by the established due dates may result in termination of the Standard Agreement. Public Records Act Applications and grant agreements are public information and are available for review upon request. Applicants are advised that information submitted to the Department may be made available to the public under the Public Records Act unless an exemption under this Act applies to the information submitted and the applicant establishes a valid claim of confidentiality under such exemption. 4. PROGRAM INCOME. At the end of each NSP year, BALDWIN PARK may require remittance, by EL MONTE, of all or part of any program income balances (including investments thereon) held by EL MONTE (except those needed tvr immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs). Also, the following requirements, as set forth in 570.504(c), shall apply to this Agreement: a. Recording program income. The receipt and expenditure of program income as defined in 570.500(a) shall be recorded as part of the financial transactions of the grant program. b. Disposition of program income received by BALDWIN PARK. (1) Program income received before grant closeout may be retained by BALDWIN PARK if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. 2 0106710013167494.01 (2) If BALDWIN PARK chooses to retain program income, that program income shall be disposed of as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (iii) At the end of each program year, the aggregate amount of program income cash balances and any investment thereof (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump -sum drawdown, or cash or investments held for section 108 loan guarantee security needs) that, as of the last day of the program year, exceeds one - twelfth of the most recent grant made pursuant to 570.304 shall be remitted to HUD as soon as practicable thereafter, to be placed in the recipient's line of credit. This provision applies to program income cash balances and investments thereof held by BALDWIN PARK and EL MONTE. (This provision shall be applied for the first time at the end of the program year for which Federal Fiscal Year 1996 funds are provided.) (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of subparagraph b.(5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If BALDWIN' PARK does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in 570.901 and the eligibility requirements described in section 105 of the Act. c. Disposition of program income received by EL MONTE. Program income received by EL MONTE may be retained by EL MONTE and that income must be used 3 01067/0013/67494.01 only for the following activities and all provisions of this Agreement shall apply to those activities: • Purchase and rehabilitate homes and residential properties abandoned or foreclosed, in order to sell, rent, or redevelop such homes and properties • Establish land banks for foreclosed homes; and • Demolish blighted structures Transfers of grant funds by BALDWIN PARK to EL MONTE shall be adjusted according to the principles described in subparagraphs b. (2) (i) and (ii) of this section. Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall be paid to BALDWIN PARK as required by 570.503(b)(8). 5. UNIFORM ADMINISTRATIVE REQUIREMENTS. EL MONTE shall comply with applicable uniform administrative requirements, as described in 570.502. 6. OTHER PROGRAM REQUIREMENTS. EL MONTE shall carry out each activity in compliance with all Federal laws and regulations described in subpart K of these regulations, except that: a. EL MONTE does not assume BALDWIN PARK'S environmental responsibilities described at 570.0604; and b. EL MONTE does not assume BALDWIN PARK'S responsibility for initiating the review process under the provisions of 24 CFR part 52. 7. SUSPENSION AND TERMINATION. In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if EL MONTE materially fails to comply with any term of the award, and the award may be terminated for convenience in accordance with 24 CFR 85.44. 8. REVERSION OF ASSETS. Upon expiration of this Agreement, EL MONTE sha'l'l transfer to BALDWIN PARK any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under EL MONTE' S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan) in excess of $25,000 shall either: a. Be used to meet one of the national objectives in 570.208 (formerly 570.901) until five years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by BALDWIN PARK; or b. if not used as in accordance with this subparagraph a., immediately above, EL MONTE shall pay to BALDWIN PARK an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to BALDWIN OARK. (No payment is required after the period of time specified in that same subparagraph a.) 0 0106710013/67494.01 9. It is also mutually understood and agreed as follows: a. This Agreement may be amended or modified only by mutual written consent of EL MONTE and BALDWIN PARK and only if such amendment and modification is consistent with the requirements of the NSP. b. Any correspondence, communication, or contact concerning this Agreement shall be directed to the following: EL MONTE: James W. Mussenden, City Manager City of El Monte 11333 Valley Boulevard El Monte, CA 91713 BALDWIN PARK: Vijay Singhal, Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 90716 c. BALDWIN PARK and no any officer or employee of BALDWIN PARK shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of EL MONTE under or in connection with this Agreement. It is also understood and agreed, pursuant to Government Code, Section 895.4, EL MONTE shall fully indemnify, defend, and hold BALDWIN PARK 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 EL MONTE under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of EL MONTE under this Agreement. d. EL MONTE and no officer or employee of EL MONTE shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of BALDWIN PARK under or in connection with this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, BALDWIN PARK shall fully indemnify, defend, and hold EL MONTE 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 BALDWIN PARK under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of BALDWIN PARK under this Agreement. e. 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 5 01067/0013/67494.01 officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this Agreement 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. f. If litigation is instituted by either parry to enforce this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and court costs. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF EL MONTE on , 2009, and by the CITY OF BALDWIN PARK on , 2009. APPROVED AS TO FORM: City Attorney Vijay Singhal, Chief Executive Officer CITY OF EL MONTE i APPROVED AS TO FORM: City Attorney 01067/0013/67494.01 Cel James W. Mussenden, City Manager ♦ • s � a � � � � CITY OF City of Baldwin Park HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY RELOCATION PLAN The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) funds / Neighborhood Stabilization Program (NSP) funds to follow a written Residential Anti - displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Baldwin Park with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974. The Plan will outline reasonable steps, which the City will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The City's governing body has adopted this plan via a formal resolution. This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: CDBG, NSP and such other grants as HUD may designate as applicable, which take place with in the City limits. The City of Baldwin Park will provide permanent relocation benefits to all eligible "displaced" households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation program (See Section E below.). In addition, the City will replace all eligible occupied and vacant occupiable low income group dwelling units demolished or converted to a use other than low income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Communit Dlpnt t f 1974 as y mAco amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition: Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989. All City programs /projects will be implemented in ways consistent with the City's commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The City will provide equal relocation assistance available 1) to each targeted income group household displaced by the demolition or rehabilitation of housing or by the conversion of a targeted income group dwelling to another use as a direct result of assisted activities; and 2) to each separate class of targeted income group persons temporarily relocated as a direct result of activities funded by HUD programs. A. Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities: Consistent with the goals and objectives of activities assisted under the Act, the City will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs: Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary assist permanently displaced persons to find alternate housing in the neighborhood. 2. Stage rehabilitation of assisted households to allow owner occupants and /or tenants to remain during minor rehabilitation. 3. Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant knits on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants. 4. Work with area landlords, real estate brokers, and /or hotel /motel managements to locate vacancies for households facing temporary relocation. 5. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation /displacement payments to households permanently displaced by assisted activities. B. Lead Based Paint Mitigation Which Causes Temporary Relocation: On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control (LHC) went into effect. Among other things, it requires that federally- funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant - occupants) be present in work areas or designated adjacent areas while LHCO activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead -based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return. The tenant - occupants may not reoccupy a work area or adjacent area until post -lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions: 1. The work will not disturb lead -based paint, or create dust -lead or soil -lead hazard; or 2. The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead free entry; or 3. The interior work will be completed in one period of less than 8- daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or 4. The interior work will be completed within five (5) calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms. If temporary relocation benefits are not provided because the City believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the City to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities. C. Temporary Relocation of Owner Occupants: Owner occupants are not allowed to stay in units which are hazardous environments during lead based paint mitigation. When their home is having lead based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits up to $500, which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits up to $500, which will be provided as a grant. In no case shall the grant for temporary relocation exceed $500 for any one owner occupant. Owner occupants will be encouraged t.^, mCV- ". .ti�i ±h family nr frienr�lg di firing the course of rehabilitation, since they are voluntarily participating in the program. The housing rehabilitation loan specialist and /or the rehabilitation construction specialist will complete a temporary relocation benefits form to document that the owner occupant understands that they must relocate during the course of construction and what benefits they wish to be reimbursed for as part of their relocation. D. Temporary Relocation of Residential Tenants: If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public, or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The program administrator or construction supervisor will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable. Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. He or she may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred. The housing rehabilitation loan specialist and /or the rehabilitation construction specialist will ensure that each tenant occupied unit under the program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received) and the tenant will receive a Notice of Non- displacement (after loan approval), and each tenant occupied unit will have a temporary relocation benefits form completed for them. These notices will document that each tenant understands what their relocation rights are, and if they must relocate during the course of construction, that they receive the proper counseling and temporary relocation benefits. A tenant receiving temporary relocation shall receive the following: 1. Increased housing costs (e.g. rent increase, security deposits) and 2. Payment for moving and related expenses, as follows: a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified; b. Packing, crating, unpacking, and uncrating of personal property; c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary; d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property; e. Insurance for the replacement value of personal property in connection with the move and necessary storage; f. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of the displaced person, his or her agent, or employee) where insurance covering such loss, theft or damage is not reasonably available; g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling; h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determines to be reasonable and necessary, except the following ineligible expenses: 1) Interest on a loan to cover moving expenses; or 2) Personal injury; or 3) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or 4) Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations. E. Rehabilitation Activities Requiring Permanent Displacement: The City rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff responsible for the rehabilitation program will consult with City legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity then they will consult and follow the HUD Relocation Handbook 1378. F. Record Keeping and Relocation Disclosures /Notifications: The City will maintain records of occupants of Federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable program regulations. Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD - 40054) Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling. Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. {ll {aerate, foreign language, or impaired vision or other disability) will be provided with appropriate translation /communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below is only for temporary relocation. If permanent relocation is involved then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows: 1. General Information Notice: As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy his or her present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of his or her average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and he or she will be reimbursed for all reasonable extra expenses. The tenant will be cautioned that he or she will not be provided relocation assistance if he or she decides to move for personal reasons. 2. Notice of Non Displacement: As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance. 3. Disclosure to Occupants of Temporary Relocation Benefits: This form is completed to document that the City /County is following its adopted temporary relocation plan for owner occupants and tenants. 4. Other Relocation /Displacement Notices: The above three notices are required for temporary relocation. If the City /County is attempting to provide permanent displacement benefits then there are a number of other forms which are required. Staff will consult HUD's Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activities funded by CDBG or other federal programs. Attachment "D" RESOLUTION NO. 2009 -020 A RESOLUTION CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE STATE OF CALIFORNIA NEIGHBORHOOD STABILIZATION PROGRAM (NSP). WHEREAS, the City Council of the City of Baldwin Park is the lead agency for applying for NSP funding in conjunction with the City of El Monte; WHEREAS, the City Council has reviewed an application for that funding; WHEREAS, the City Council has determined federal Citizen Participation requirements were met during the development of that application NOW, THEREFORE, the City Council of the City of Baldwin Park DOES HEREBY RESOLVE, as follows: SECTION 1. Based upon all the foregoing recitations and determinations, the City Council hereby approves the application (and its contents) for up to One Million Five Hundred Ninety -three Thousand Three Hundred Sixty Eight Dollars ($1,593,368) for the following activities: Foreclosed Homes /Residential Properties c The City intends to acquire, rehabilitate and sale foreclosed or abandoned homes within the designated target area to families with incomes at or below 120% of the Area Median Income.111 If any additional NSP funding becomes available at a later date, the City Council authorizes the filing of an application for and acceptance of funding up to an additional Nine Hundred Seventy Thousand Two Hundred Twenty -six Dollars ($970,226). Any additional NSP funding will be used in accordance with funding requirements established by the State of California Neighborhood Stabilization Program. SECTION 2. Based upon all the foregoing recitations and determinations, the City hereby authorizes submittal of a joint application in collaboration with the cities of Baldwin Park and El Monte. SECTION 3. The Chief Executive Officer (CEO) of the City of Baldwin Park is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. Target areas in priority order are: 4050.02; 4052.01; and 4047.01. A map depicting the priority areas in include with the Neighborhood Stabilization Program Application. W SECTION 4. If the application is approved, then the CEO is authorized to enter into and sign the grant agreement, and any subsequent amendments thereto, with the State of California for the purposes of this grant. SECTION 5. If the application is approved and the grant agreement and subsequent amendments thereto, if any, are signed by the CEO, then the CEO or the Community Development Manager is authorized to sign Funds Requests and other required reporting forms. PASSED AND ADOPTED this day of , 2009 Manuel Lozano, Mayor STATE OF CALIFORNIA City of Baldwin Park I, Laura M. Neito, CIVIC, Deputy City Clerk of the City of Baldwin Park, State of California, do hereby certify the foregoing Resolution No. was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the day of , 2009. AYES: Council Members: NOES: Council Members: ABSTENTIONS: Council Members: Laura M. Nieto, CIVIC, Deputy City Clerk of the City of Baldwin Park, State of California WN Ml* ter:== Low-Medium by ��� - • EXHIBIT "N' City of Baldwing Park Low-Medium Income US 2000 Census Block Groups 1OP2 Nw, �j :�Mo �G, SCALE C11 UWTS BMRDAR1 R Eljgbk orear REVMED 05-21-08 • � _• r • Foreclosure/Abandonment by U.S. 2000 Census Block • • Risk Score (1 O=Highest) ............. . . ...... .. 3 4 5 6 7 EXHIBIT "B" City of Baldwin Park Foreclosure/Abandonment Risk US 2000 Census Block Groups aCALE — CITY UMITS 8bJNIDA ' PEwSED 05-21-0J Exhibit C Areas of High Cost Loan Rates by UmSm of Census Block • • Risk Score EXHIBIT "C City of Baldwin Park High Cost Loan Rate US 2000 Census Block Groups i600 30000 x.006 0 3�ua�dt "b3— �Vi� SCALE CITY WTS 80UNDA Y REMSED 05 -21-04 by -, • p Risk Score EXHIBIT "D" City of Baldwin Park Predicted 18 Month Foreclosure Rate US 2000 Census Block Groups ISIO �Pq SCALE C11Y UWFS BOUF40ARY REMSED 05-21-09 Proposed NSP Target Areas by 111 Census Block • • Risk Score (1 O=Highest) EXHIBIT "E" City of Baldwin Park Eligible NSP Areas 5 SCALE clT J.s 50U.DIRY mno Er4Ne — RFMIEa 0,1_2T-a9 I_T17_1 COMMUNITY •- MENT COMMISSION REGULAR MEETING JUNE 312009 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Monica Garcia Anthony J. Bejarano I01Q11G11 Garcia Ricardo Pacheco Chair Vice Chair Member Ivnem'Der Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed 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. t _ ! w x� if �'3 T a C t�. it,e f� :fir ;�. �7:T. i..;� r ?.a,., Community Development Commission Agenda June 3, 2009 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 §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the special meeting of May 6, 2009 and the special and regular meetings of May 20, 2009. ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. May 28, 2009. Laura M. Nieto, CMC Deputy City Clerk Community Development Commission Agenda June 3, 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 Inietoco�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) Community Development Commission Agenda June 31 2009 Page 3 - .• CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13090 - 13093 HECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME AMOUNT G/L ACCT # DESCRIPTION INVOICE # IS ---------------------------------------------------------------------------------------------------- - - - - -- 13090 $628.34 .05/18/09 00006 628.34 806 -40- 470 - 53100 - 14470 --2 13091 $255.15 05/18/09 09304 255.15 806 -40- 470 - 53100 - 14470 -2 13092 $1299.00 051181109 09116 1299.00 806 -40- 470 - 53320 - 14470 -2 13093 $17009.50 05/18/09 06714 17009.50 836 -00- 000 - 53370 - 14900 -2 TOTAL # OF ISSUED CHECKS: 4 TOTAL # OF VOIDED /REISSUED CHECKS: 0 TOTAL # OF ACH CHECKS: 0 TOTAL # OF UNISSUED CHECKS: 0 0 A -1 EVENT & PARTY RENTALS RENTAL TABLES JOB FAIR EVE 2- 104029 -02A 0 FEDEX OFFICE JOB FAIR POSTERS 319500004819 0 IRMA YOLANDA URQUIOLA SCRACH PADS 2107 0 LAIDLAW B.P. REALTY ASSOCIATES, LLC QRTLY PYMT 10/1 - 12/31/2008 05/06/09 TOTAL AMOUNT: 19191.99 TOTAL AMOUNT: 0.00 TOTAL AMOUNT: 0.00 CITY OF BALDWIN PARK . LD WEDNESDAY, MAY 06, CITY COUNCIL & COMMUNITY 2009 DEVELOPMENT COMMISSION 6:00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER Mayor Pro Tern /Vice Chair Monir-.q Garcia Walled the meeting to order at 6:14 p.m. ROLL CALL Present: Council member / Member Bejarano, Council member / Member Pacheco, Mayor Pro Tern / Vice Chair Monica Garcia. Absent: Council member / Member Marlen Garcia Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. Mayor / Chair Lozano arrived at 6:18 p.m. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name- NRDC, et al v. County of LA Case Number: USDC Case No. CV-08-01465 *Case Name: Baldwin Park Police Officer Association v. City of Baldwin Park & Baldwin Park City Council Case Number: BS1 17634 Page 1 of 2 *Amended Tuesday, May 5, 2009 @ 10:25 a.m. to include second case 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC §54956.9) Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of Cases: One (1) RECONVENE IN OPEN SESSION All members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved by the Council and Commission at their meetings held June 3, 2009. Laura M. Nieto, CMC Deputy City Clerk Paae2of2 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES LO A. WEDNESDAY, MAY 20, 2009 6:00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. Mayor/ Chair Lozano called the meeting to order at 6-15 p.m. ROLL CALL Present: Council member / Member Bejarano, Council member / Member Pacheco, Mayor Pro Tern / Vice Chair Monica Garcia, Mayor Chair Lozano. Absent: Council member / Member Marlen Garcia. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC§54956.9(b) One(l)case RECONVENE IN OPEN SESSION The Council / Commission reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken Page 1 of'2 ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council / Commission at their meetings held June 3, 2009. Laura M. Nieto, CIVIC Deputy City Clerk Pace 2 of 2 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION ►Lm WEDNESDAY, MAY 20, 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. CALL TO ORDER ROLL CALL Present: Member Bejarano, Member Marlen Garcia, Member Pacheco, Vice Chair Monica Garcia, Chair Lozano. Absent: City Treasurer Contreras. 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, Director of Finance Lorena Quijano, City Clerk Rubio, Deputy City Clerk Nieto. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. Commission received and filed. 2. MINUTES Commission approved the minutes of the regular meeting of May 6, 2009. 3. CONCEPTUAL REVIEW FOR THE PROPOSED REPLACEMENT OF A 1,576 SQUARE FOOT SPAY / NEUTER CLINIC BUILDING WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA - SUB AREA 3 Commission waived further reading, read by title only and adopted Resolution Page 1 of 2 No. 450 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE CONSTRUCTION OF A NEW REPLACEMENT SPAY / NEUTER CLINIC FACILITY AT THE LOST ANGELES COUNTY ANIMAL SHELTER LOCATED WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 4275 ELTON AVENUE; APPLICANT: JOE CAMARILLO, PROJECT MANAGER REPRESENTING THE COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL; CASE NO. CDC 09 -01." 4. CONCEPTUAL REVIEW FOR THE CONSTRUCTION OF A PROPOSED TWO -STORY 4,400 SQUARE FOOT MEDICAL OFFICE BUILDING LOCATED WITHIN THE C -1, NEIGHBORHOOD COMMERCIAL ZONE (CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA) Commission waived further reading, read by title only and adopted Resolution No. 451 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE CONSTRUCTION OF A TWO -STORY MEDICAL OFFICE BUILDING LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA; LOCATION: 4138 MAINE AVENUE; CASE NO. PR 06 -22; APPLICANT: JYH C. CHANG." ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:23 p.m. Approved as presented by the Commission at their meeting held June 3, 2009. Laura M. Nieto, CMC Deputy City Clerk Page 2 of 2