HomeMy WebLinkAbout2009 08 05TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
TWE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, AUGUST 05, 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: July 30, 2009
NO OTHER BUSINESS WILL BE DISCUSSED
Manuel Lozano
Mayor
1, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Cali of a Special Meeting to be delivered via email (h a rd copy to
follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as
required by law on July 30, 2009.
Laura M. Nieto, CMC
Deputy City Clerk
.7
City Council & Community Development Commission
Special Meeting
August 5, 2009
BALDWIN PARK
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION-"
August 5, !1`
• 11 PM
CHAMBER CITY HALL - COUNCIL
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
960-4011
Manuel Lozano
- Mayor /Chair
Monica Garcia
- Mayor Pro Tem/Vice Chair
Anthony J. Bejarano
- Council Member /Member
Marlen Garcia
- Council Member /Member
Ricardo Pacheco
- Council Member /Member
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
City Council & Community Development Commission
Special Meeting
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 POblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un interprete para su conveniencia.
August 5, 2009
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETING — 6:00 PM
CALL TO ORDER
ROLL CALL:
Council members/Members: Anthony J. Bejarano,
Marlen Garcia, Ricardo Pacheco, Mayor Pro Tem/Vice
Chair Monica Garcia and Mayor/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 CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
ut 'y U Lo u lu
No se podia tomar acciu6n en all-On asunt a menos que sea incluido en la agenda, o a menos que exiStUa -1gun-
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Difigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas, [Codigo de Gobierno §54954.2]
RECESS TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT
COMMISSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a))
Case Name: City of Alhambra, et al v County of Los Angeles
Case Number: Case No. BS 116375
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)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8
Property: 13100 Dalewood Street
Agency Negotiator: Vijay Singhal and Marc Castagnola
Negotiating Parties: State of California and City of Baldwin Park
Under Negotiation: Price and terms of payment
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
City Council & Community Development Commission
Special Meeting August 5, 2009
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. July 30, 2009.
! r
Laura M. Nieto, CIVIC
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los
Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda
items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at
InietoQbaldwinpark. com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Public Works Department or Risk Management at 626.960.4011.
Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure
accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il)
City Council & Community Development Commission
Special Meeting
August 5, 2009
J ,
nfffil
i
August 5, 0
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
Manuel Lozano
Monica Garcia
Anthony J. Bejarano
Marlen Garcia
°icardo Pacheco
- Mayor
- Mayor Pro Tern
- Councilmember
- Councilmember
Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS OUP-ANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al pGblico a dirigirse al Concilio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencies nombradas en esta agenda, para
agenda on any matter posted on the agenda or hablar sobre cualquier asunto publicado en la agenda o
on any other matter within its jurisdiction. If you cualquier tema que este bajo su jurisdiccion. Si usted
wish to address the City Council or any of its desea la oportunidad de dirigirse al Concilio o alguna de
Agencies, you may do so during the PUBLIC sus Agencias, podra hacerlo durance el periodo de
COMMUNICATIONS period noted on the Comentarios del Peblico (Public Communications)
agenda. Each person is allowed five (5) minutes anunciado en la agenda. A cada persona se le permite
speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutos. Hay un interprete para su
available for your convenience. conveniencia.
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 Tem Monica Garcia and
Mayor Manuel Lozano
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Administration of Oath of Office and Certificates of Appointment for newly appointed
and re-appointed Housing and Recreation & Community Services commissioners
• Recognition of outgoing Recreation & Community Services student Commissioners
Michael Arrelanes and Michael Ruvalcaba
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA St REQUIERE LOS SERVICIOS DEL INTERPRETS
No se podra tomar acci6n en alg0n asunto a menos que sea incluido en la agenda, o a menos que exista algOna
emergencia o circunstancia especial. El cueroo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council receive and file.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE
PERIOD OF AUGUST 5, 2009 THROUGH AUGUST 18, 2009
Staff recommends City Council approve the preparation and presentation of the plaques
and certificates as outlined in the staff report.
City Council
August 5,2009 Page 2
3. MINUTES
Staff recommends City Council approve the minutes of the regular meeting of July 1,
2009 and the special and regular meetings of July 15, 2009.
4. CITY TREASURER'S REPORT — JUNE 2009
Staff recommends City Council receive and file.
5. REQUEST TO HIRE A TECHNICAL FIRM TO ASSIST THE CITY WITH REVIEW OF
THE DRAFT ENVIRONMENTAL IMPACT REPORT BY THE CITY OF IRWINDALE
FOR THE MATERIALS RECOVERY FACILITY AND TRANSFER STATION
(MRF /TS)LOCATED AT THE INTERSECTION OF LIVE OAK AVENUE AND ARROW
HWY
Staff recommends City Council 1) authorize the Chief Executive Officer to enter into a
Consultant Services Agreement with ESA for a not to exceed amount of $31,540 to
provide the City with technical expertise in reviewing the City of Irwindale's DEIR for the
MRF/TS located at the intersection of Arrow Highway and Live Oak Avenue and 2)
authorize a transfer of funds from 100.00.299.53999.00000.2 in the amount of $31,450
into account 100.40.440.51100.00000.2
6. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR
PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR
2009/2010
Staff recommends City Council 1) approve the FY 09/10 contract with All City
Management Services for crossing guard services and 2) authorize the Mayor to
execute the agreement to continue services with All City Management Services.
7. RESOLUTION NO. 2009 -035 AUTHORIZING THE EXECUTION OF A MASTER
AGREEMENT AND PROGRAM SUPPLEMENTS FOR FEDERALLY FUNDED
PROJECTS
Staff recommends City Council waive further reading, ready by title only and adopt
Resolution No. 2009 -035 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
MASTER AGREEMENT AND PROGRAM SUPPLEMENTS FOR FEDERALLY
FUNDED PROJECTS "
8. APPROVAL TO ADOPT AND ADHERE TO THE LOS ANGELES COUNTY GREEN
RESOLUTION, RESOLUTION NO. 2009 -032, CREATION OF AND ACCESSIBILITY
TO REGION -WIDE PASSIVE / ACTIVE GREEN SPACE AND CONNECTORS
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2009 -032 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AUTHORIZING THE ADOPTION AND ADHERENCE TO
THE LOS ANGELES COUNTY GREEN RESOLUTION, CREATION FO AND
ACCESSIBILITY TO REGION -WIDE PASSIVE / ACTIVE GREEN SPACE &
CONNECTORS" and authorize the Mayor to execute any other associated documents
related to this initiative.
9. NOTICE OF COMPLETION AND PROJECT ACCEPTANCE OF FIRE DAMAGE
REPAIRS TO THE ESTHER SNYDER COMMUNITY CENTER
Staff recommends City Council 1) accept the construction improvements by Simgel
Company, Inc.; 2) consider the project complete and authorize the recordation of a
City Council
August 5, 2009
Page 3
Notice of Completion; and 3) authorize the payment of retention funds to Simgel
Company Inc. upon expiration of the 35 -day lien period.
10. AUTHORIZE STAFF TO ENGAGE WATRY DESIGN, INC. FOR ARCHITECTURAL
AND ENGINEERING SERVICES FOR THE TRANSIT CENTER PARKING
STRUCTURE AND AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO FINALIZE A
CONSULTANT SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED
$595,900
Staff recommends City Council approve hiring Watry Design, Inc for Architecture and
Engineering Services for the Transit Center Parking Structure and authorize the Chief
Executive Officer and City Attorney to finalize a Consultant Services Agreement with
Watry Design, Inc for Design and Construction Support for an amount not to exceed
$595,900.
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.
11. PUBLIC HEARING TO ADOPT A RESOLUTION AND THE CITY`S 2009
CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION REPORT
Staff recommends City Council conduct the public hearing and following the public
hearing waive further reading, read by title only and adopt Resolution No. 2009 -031
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE GIMP LOCAL
DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65089."
12. PUBLIC HEARING FOR PROPOSED INSTALLATION OF MULTI -WAY STOP SIGN
CONTROLS AT FOUR RESIDENTIAL INTERSECTIONS
Staff recommends City Council conduct the public hearing and following the public
hearing, authorize staff to proceed with the installation of stop sign controls at the
proposed four locations.
19118361611,N91 • •
�r
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. July 30, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
City Council
August 5, 2009 Page 4
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2" d Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at 626.960 -4011, ext. 466 or via e -mail at inieto baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council
August 5, 2009
Page 5
1,
F11 -1� "'
BALDWIN
P A, R, K
TO:
FROM:
DATE:
SUBJECT:
" O&I-A
Honorable Mayor and Members of the City Council
Lorena Quijano, Finance Director
August 5, 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.
BACKGROUND AND DISCUSSION:
The Finance Department has recently converted to a new financial system. The Claims
and Demands report format has been modified and continues to report the required
information in accordance with the Government Code.
The payroll of the City of Baldwin Park consisting of check numbers 1905076 - 190662.
Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of
City Employees from control numbers 202342 - 202614 for the period of June 28, 2009
through July 11, 2009 inclusive, have been presented and hereby ratified, in the amount of
$441,291.14.
General Warrants, including check numbers 175740 to 176158 inclusive, in the total
amount of $1,097,245.12 constituting claims and demands against the City of Baldwin
Park, are herewith presented to the City Council as required by law, and the same hereby
ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
RECOMMENDATION:
Receive and File
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Wi IN
Iql, CITY OF BALDWIN PARK STAFF RE MR0 2009
BA_ LDWIN IT NO.
P, A, R I K
TO: Honorable Mayor & Members of the City Council
FROM: Vijay Singhal, Chief Executive Officer
DATE: August 5, 2009
SUBJECT: Proposed Recognitions by the Mayor and City Council for the period
of August 5, 2009 - August 18, 2009
U119TWO-KII-5
The purpose of this report is to seek approval of the City Council of requests for
nkinues, nrr)r--Iamatinn-r, And certificates; and to recap approved emergency requests.
rl-� r- - - r, - ZI-1 '-.Y
. 0
The following requests for plaques and certificates were received-
The following emergency requests for plaques and certificates were received:
Requested By
I
List of Honorees
Time/Date/Place of
Date Needed
Requested By
List of Honorees
Presentation
Certificate
Department of
Swim Team Participants
6-OOpm/August 21--S F—
Certificates
Parks and
Summer Banquet
Spaghetti Factory
08-21-09
Recreation
Art piece created for the
Duarte, CA
07-23-09
The following emergency requests for plaques and certificates were received:
Requested By
I
List of Honorees
Time/Date/Place of
Presentation
Date Needed
Baldwin Park
Al R�eale 94 Birthday
1 1:00am/July ZO
Certificate
Senior Center
Celebration
Senior Center
07-20-09
Department of
Raoul De La Sota, Artist
7-OOpm/July 23"
Plaque
Parks and
Art piece created for the
Concert in the Park
07-23-09
Recreation
2009 summer concerts in
Morgan Park
I the park series
I
RECOMMENDATION
It is recommended that the City Council approve the preparation and presentation of the
above plaques, proclamations, and certificates.
Prepared By: Rosa Caballero, Administrative Clerk 11
k;l I Y UUUNUIL MULIMUM
AUG - 5 2009
MINUTES
,vis, PN, L , 1 61:
CITY OF BALDWIN PARK WEDNESDAY,
CITY COUNCIL 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.
N 0 A A L Cox*] 604 Q: 1 :4
INVOCATION
Led by Mayor Pro Tern Monica Garcia
Fzy����
ANNOUNCEMENTS
Mayor Lozano adjourned in memory of his aunt, Marina Davila
Present: Council member Bejarano, Council member Marlen Garcia, Mayor
Pro Tem Monica Garcia, Mayor Lozano.
Absent-. Council member Pacheco.
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, Director of Finance
Lorena Quijano, City Treasurer Contreras, City Clerk Rubio,
Deputy City Clerk Nieto.
Administration of Oath of Office and Certificates of Appointment to newly
appointed Planning Commissioner Jack Cheng and re-appointed Planning
Commissioner James R. Dexter 11
Mayor Lozano administered the Oath of Office to newly appointed Planning
Commissioner Jack Cheng and presented him with a Certificate of
Appointment. Commissioner Dexter's administration of Oath of Office was
Page 1 of 7
deferred.
Recognition of outgoing Planning Commissioner Andrea Carrillo
Mayor Lozano, joined by the Council, Clerk & Treasurer presented a certificate
of appreciation to outgoing Planning Commissioner Andrea Carrillo. Council
member Marlen Garcia spoke about Ms. Carrillo's contributions to the City of
Baldwin Park and her accomplishments
Certificate of Appreciation to United Day Workers of Baldwin Park
"JUBPARK"
Mayor Lozano, joined by the Council, Clerk & Treasurer presented a certificate
of appreciation to the members of JUBPARK
Representatives of the United Day Workers of Baldwin Park thanked the City for
working with them to resolve the issue at the Home Depot and spoke about the
work that they are willing to do in the community.
PUBLIC COMMUNICATIONS
Mary Dosa, Baldwin Park Woman's Club President introduced Andrea Guadez
Ambassador for HOBY Leadership conference. She was selected from several
hundred student participants to represent the Los Angeles area and the City of
Baldwin Park at a worldwide leadership conference. She announced that
contributions would be accepted to help fund her trip.
Mayor Lozano congratulated Ms. Guadez on her accomplishments and
announced that her name would be placed on the marquee and in the next issue
of the NOW
Thomas Cary, resident spoke about the economic crisis in the state, day laborers,
illegal dumping and street vendors
Jorge Mario Pivaral, resident representing residents on various streets submitted
a petition requesting a stop sign in the Syracuse, Ledford, Farnell & Westcott
Greg Tuttle, business owner commented about the Brown Act; walkability
workshops; the business incentive program; the former Albertson's shopping
center and the City's contract with ESA
Cruz Sembello, resident spoke about the recently -held walkability workshops and
expressed concern regarding English to Spanish / Spanish to English translation
of comments made at the Council meetings
Public Communications were closed at 7:43 p.m.
Mayor Lozano spoke about grant funds that had been made available for various
programs. He said that he would not retract any statements he had made in
Spanish. He commented that he had been contacted by residents who told him
that individuals approached them and were trying to derail the efforts of the
walkability grant.
Page 2 of 7
Mayor Lozano said that neither he nor the Council would bow down to those with
self - serving interests. The redevelopment project would be moving foward and
that the residents of the City of Baldwin Park have the right to have nice things in
their city
Council member Bejarano said that individuals who speak at the lectern are not
necessarily telling the truth. Regarding the walkability grant, he stated that people
are out in the community and that the Council is trying to promote a more walkable
city. He further commented that Superior Market would not be the savior of
Baldwin Park and that the alleged comments he and Mayor Pro Tem Monica
Garcia made about "Mexican" stores were untrue. He spoke about the
motiviations of those who are speaking against the Council and redevelopment
and the programs offered by the City for the residents
Mayor Pro Tern Monica Garcia commented about her request for the Council to
consider speaker cards, expressing her thought that the concept would promote a
more inclusive environment for those wishing to address the Council and that it
could potentially make people feel more comfortable to speak. Although the
Mayor had deferred this item, it was something that she would continue to
promote
Council member Marlen Garcia spoke about the pride that residents have in the
community and that the citizens are smarter than certain individuals may think.
She stated that she has seen the changes and knows the truth. It takes time for
changes to be made but they are taking place. She stated that the Council will be
there for the community and thanked them for their support
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Council member Bejarano, seconded by Mayor Lozano.
r
City Council received and filed.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD OF JULY 1, 2009 THROUGH JULY 14, 2009
City Council approved the preparation and presentation of the plaques and
certificates as outlined in the staff report.
3. MINUTES
City Council approved the minutes of the regular meeting of June 3, 2009 and
the minutes of the special and regular meetings of June 17, 2009.
4. CLAIM REJECTION
City Council rejected the claim of Mauricio Luprecio and directed staff to send
Page 3 of 7
the appropriate notices of rejection to the claimant.
5. RESOLUTION NO. 2009 -027 APPROVING THE ENGINEER'S REPORT FOR
THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT FOR FY 2009 -2010, DECLARING THE INTENT TO
LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING
City Council waived further reading, read by title only and adopted Resolution
No. 2009 -027 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S
REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY 2009 -2010, DECLARING
THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
TIME AND PLACE FOR A PUBLIC HEARING."
6. RESOLUTION NO. 2009 -028 APPROVING THE ENGINEER'S REPORT FOR
THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY
2009 -2010, DECLARING THE INTENT TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING
City Council waived further reading, read by title only and adopted Resolution
No. 2009 -028 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S
REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT
DISTRICT FOR FY 2009 -2010, DECLARING THE INTENT TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING."
7. AUTHORIZATION TO PURCHASE A NEW LOGGING RECORDER FOR THE
POLICE DEPARTMENT WITH ASSET FORFEITURE FUNDS
City Council 1) waived the formal bidding process pursuant to 34.37 of the
Baldwin Park Municipal Code on the purchase of the logging recorder as
existing contracts already exist with other governmental agencies; 2) directed
the Chief of Police to work in conjunction with the Finance Director to complete
a budget appropriation for the amount not to exceed $20,976.94 from account
205.30.000.44310.00000.2 to account 100.30.320.53100.00000.2 and
designate $20,976.94 for the purchase of the new logging recorder and 3)
authorized the Chief of Police or her designee to complete all appropriate
documentation to complete the purchases.
8. 2nd READING OF ORDINANCE NO. 1310 RELATING TO SPEED LIMITS ON
CERTAIN STREETS
City Council waived further reading, read by title only and adopted on second
reading Ordinance No. 1310 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 73 OF
THE BALDWIN PARK MUNICIPAL CODE RELATING TO SPEED LIMITS ON
Page 4 of 7
CERTAIN STREETS."
9. CITY TREASURER'S REPORT - MAY 2009
City Council received and filed the report.
REPORTS OF OFFICERS
10. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF
APPOINTMENTS AND /OR REAPPOINTMENTS TO FILL THE JUNE 30, 2009
SCHEDULED VACANCIES ON THE HOUSING, PERSONNEL AND
RECREATION & COMMUNITY SERVICES COMMISSION
Staff recommends City Council review all Commission applications and:
1) Take nominations and adopted Resolution No. 2009 -016 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
AMENDING RESOLUTION NO. 2008 -009 APPOINTING INDIVIDUALS TO
THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK,
SPECIFICALLY TO OFFICE NO. 1 FOR A TERM EXPIRING
JUNE 30, 2010; TO OFFICE NO. 2 FOR A TERM EXPIRING
JUNE 30, 2011; TO OFFICE NO. 3 FOR A TERM EXPIRING
JUNE 30, 2012; TO OFFICE NO. 4 FOR A TERM EXPIRING
JUNE 30, 2013; TO OFFICE NO. 6 (TENANT
COMMISSIONER); AND APPOINTMENT DEFERRED TO OFFICE NO. 7
(TENANT COMMISSIONER 62 YEARS +) ";
Motion: Adopt Resolution No. 2009 -016 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING
RESOLUTION NO. 2008 -009 APPOINTING INDIVIDUALS TO THE
HOUSING COMMISSION OF THE CITY OF BALDWIN PARK,
SPECIFICALLY BRAULIO OSCAR MARIN TO OFFICE NO. 1 FOR A TERM
EXPIRING JUNE 30, 2010; JORGE PIVARAL TO OFFICE NO. 2 FOR A
TERM EXPIRING JUNE 30,2011; BRYAN URIAS TO OFFICE NO. 3 FOR A
TERM EXPIRING JUNE 30,2012; MAGDA TORRELLAS TO OFFICE NO. 4
FOR A TERM EXPIRING JUNE 30, 2013; NORA AGUILA TO OFFICE NO. 6
(TENANT COMMISSIONER); AND APPOINTMENT DEFERRED TO OFFICE
NO. 7 (TENANT COMMISSIONER 62 YEARS +) ";
Moved by Mayor Pro Tern Monica Garcia, seconded by Mayor Lozano.
2) Take nominations and adopt Resolution No. 2009 -017 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
AMENDING RESOLUTION NO. 2008 -029 APPOINTING INDIVIDUALS TO
THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK,
SPECIFICALLY: TO OFFICE NO. 3 FOR A TERM TO JUNE
30, 2011; AND - TO OFFICE NO. 4 FOR A TERM TO
JUNE 30, 2011; AND - TO OFFICE NO. 5 FOR A TERM
TO JUNE 30, 2011"
Staff was directed to re- notice the vacancies on the Personnel Commission
Page 5 of 7
3) Take nominations and adopt Resolution No. 2009 -019 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
AMENDING RESOLUTION NO. 2008 -031 APPOINTING INDIVIDUALS TO
THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY
OF BALDWIN PARK, SPECIFICALLY: OFFICE NO. 4 for a
term to June 30, 2011; and - TO OFFICE NO. 5 FOR A
TERM TO JUNE 30, 2011; AND - TO OFFICE NO. 6 (SVHS)
FOR A TERM TO JUNE 30, 2010; AND - TO OFFICE NO. 7
(BPHS) FOR A TERM TO JUNE 30,2010; AND - TO OFFICE
NO. 8 (NPHS) FOR A TERM TO JUNE 30, 2010."
Motion: Adopt Resolution No. 2009 -019 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING
RESOLUTION NO. 2008 -031 APPOINTING INDIVIDUALS TO THE
RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF
BALDWIN PARK, SPECIFICALLY: CECELIA BERNALTO OFFICE NO. 4 for
a term to June 30, 2011; and
- APPOINTMENT DEFERRED TO OFFICE NO. 5 FOR A TERM TO JUNE
30, 2011; AND - DESTINEY SINGLETON TO OFFICE NO. 6 (SVHS) FOR A
TERM TO JUNE 30, 2010;
AND - ARIELLE ORTEGA TO OFFICE NO. 7 (BPHS) FOR A TERM TO
JUNE 30,2010; AND - ASHLEY C. AGUILAR TO OFFICE NO. 8 (NPHS)
FOR A TERM TO JUNE 30; 2010."
Moved by Council member Marlen Garcia, seconded by Mayor Lozano.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Mayor Pro Tern Monica Garcia for discussion on the following:
Request for Council discussion and direction to staff regarding the use of speaker
cards for the public communications portion of the City Council meetings
Discussion on this matter was deferred
City Attorney Pannone stated that the City Council could not require individuals
to sign in to attend a meeting
Council member Marlen Garcia requested Council support for providing INS
workshops for residents to educate them on the steps to become a citizen
Mayor Pro Tern Monica Garcia commented about the walkability grant from
Caltrans; community outreach would be conducted through October including the
NOW. She stated that the Council is trying to encourage individuals to attend
rather than discourage. She spoke about the City's balanced budget and that the
City was being conservative with its expenditures, just as in a regular household.
She spoke about additional services and programs being made available,
Mayor Lozano spoke about the possibility of doing a Mayor's Walk. The item
would be brought forward to the next agenda for further discussion.
Page 6 of 7
He spoke about public safety in the community and complimented the Baldwin
Park Police Department on the job they have done in the city. There was so much
to be proud of and Baldwin Park is a community in motion
Council member Bejarano congratulated newly appointed Housing
Commissioners Bryan Urias and Jorge Pivaral
Council member Marlen Garcia spoke about all of the grant opportunities that
the city is receiving to make positive changes in the community
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned in
memory of Marina Davila at 8:13 p.m.
Approved as presented by the Council at their meeting held August 5, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 7 of 7
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
WEDNESDAT, J111! L'T'll
L' ' 1
J
200
6:00 p.m. COUNCI
CHAMBE'
4
14403 E. Pacific Aven
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.
ROLL CALL
Present: Council member / Member Bejarano, Council member / Member
Marlen Garcia, Council member / Member Pacheco, Mayor Pro
Tern / Vice Chair Monica Garcia, Mayor / Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Deputy City Clerk Nieto.
Council member / Member Pacheco arrived at 6:40 p.m.
[01
Roffin
RECESS • CLOSED SESSION • THE CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
1. 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)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC
§54956.9(a))
Case Name: Richard Harper vs. City of Baldwin Park
Case Number: MON 338-273
RECONVENE IN OPEN SESSION
Page 1 of'2
The Council / Commission reconvened in open session with all members present
REPORT FROM CLOSED SESSION
No reportable action was taken
ADJOURNMENT
There being no other matters for discussion the meeting was adjourned at 7:00
p.m.
Approved as presented by the Council / Commission at their meetings held
August 5, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 2 of 2
CITY OF BALDWIN PARK
CITY COUNCIL
MINUTES
WEDNESDAY, JULY 15,
2009
7:00 p.m. COUNCIL
CHAMBERS
14403 E. Pacific Avenue
Baldwin Park
Manuel Lozano, Mayor
Monica Garcia, Mayor Pro Tem 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 Ricardo Pacheco
PLEDGE OF ALLEGIANCE
7*W
•
Present: Council member Bejarano, Council member Marlen Garcia,
Council member Pacheco, Mayor Pro Tern Monica Garcia, Mayor
Lozano.
Absent: City Clerk Rubio.
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 Treasurer
Contreras, Deputy City Clerk Nieto.
ANNOUNCEMENTS
Mayor Lozano acknowledged Joshua Ebiner & Cristina Ramos, King & Queen of
St. John's Church. Each student spoke about their experiences. Council
member Pacheco invited them to participate in the parade in November and
requested that they be placed in the next issue of the NOW.
Mayor Lozano introduced newly appointed St. John the Baptist Pastor Fr. Mike
Gutierrez. All Council members welcomed Fr. Gutierrez to Baldwin Park and
expressed their continued support of and partnership with the church
Page 1 of 6
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
NONE
PUBLIC COMMUNICATIONS
Monica Elber apologized for the previous disruption at a Council meeting and
praised City staff on the walkable community workshops
Thomas Cary, resident spoke about various issues in the city including stop
signs, traffic signals, the proposed downtown project
Ken Woods, resident / business owner announced that there were 784 foreclosed
properties in Baldwin Park; commented about the assessment items on the
agenda and previous statements made by Mayor Pro Tern Monica Garcia and
Council member Bejarano
Greg Tuttle, business owner spoke about a proposed development by the Olson
Company in Montebello; the proposed redevelopment in the City of Baldwin rr ark; ;
various developers in the city and campaign contributions
Vida Flores, resident announced a scholarship fundraising event in memory of
her son Mark Daniel Flores, the proceeds of which will be used for students in
Baldwin Park who are studying music
Ceclia Lee, business owner complimented the Council members for their
participation at the 4th of July event and expressed concern regarding the Mayor's
comments at the event
Magda Torrellas, resident asked the Council to reconsider the concept of a movie
theater in the downtown, something that would bring more jobs in the city
Council member Pacheco addressed comments made by speaker Tuttle
regarding his campaign contributions
Public Communications were closed at 7:33 p.m.
CONSENT CALENDAR
Motion: Approve CONSENT CALENDAR
Moved by Council member Bejarano, seconded by Mayor Lozano.
1. WARRANTS AND DEMANDS
City Council received and filed.
2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR
THE PERIOD OF JULY 15, 2009 THROUGH AUGUST 4, 2009
City Council approved the preparation and presentation of the certificates,
plaques and proclamations as outlined in the staff report.
Page 2 of 6
3. MINUTES
City Council approved the minutes of the special meeting of July 1, 2009.
4. FISCAL YEAR 2009-2010 STATEMENT OF INVESTMENT POLICY
City Council received and filed the Fiscal Year 2009-2010 Statement of
Investment Policy.
5. REVISIONS TO THE CITY'S FIRST TIME HOMEBUYER LOAN PROGRAM
City Council approved the following revisions to the City's First Time Homebuyer
Loan Program (FTHB:) 1) reduce the maximum loan amount from $140,000 to
$50,000; 2) reduce the maximum front-end ratio (monthly housing expenses) to
35% of the homebuyer's monthly income; and 3) honor the "Zero Down
Payment" benefit for VA qualified loans.
6. HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM
I- A
/A
FUNDING LLO%CATIO1N1'%3
City Council approved funding allocations for the Homelessness Prevention and
J
Rapid Re-Housing Program under the American Recovery and Reinvestment
Act of 2009 as follows: 1) $525,000 to Beyond Shelter; 2) $49,786 to East San
I EC to execute
Lne I lomeless; and 33) authorize the CEO
Gabriel Valley Coalition for th rl
the services Agreements with each agency prepared and approved by the City
Attorney.
7. PROPOSED REDUCTION IN INTEREST RATE FOR BALDWIN PARK
COMMERCIAL LOAN PROGRAM AND COMPLIANCE WITH THE PLAN
City Council 1) authorized staff to amend the Administrative Plan for the Baldwin
Park Commercial Loan Program to include the provision allowing for the
reduction in interest rate of 2.45% in accord with Economic Development
Administration Rules; and 2) waived further reading, read by title only and
adopted Resolution No. 2009-030 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN
COMPLIANCE WITH THE ADMINISTRATIVE PLAN FOR THE BALDWIN
PARK COMMERCIAL LOAN PROGRAM."
8. AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY
FACILITIES
City Council 1) awarded a janitorial contract to United Maintenance Systems for
a monthly fee of $9,785 for a period of twenty four (24) months; 2) excluded
Notice to Proceed and commence services July 15, 2009; and 3) authorized the
Mayor to execute the contract.
9. NOTICE OF COMPLETION - MODIFICATIONS TO THE CITY YARD IN
PREPARATION OF THE CALTRANS HOV PROJECT
City Council accepted the project as complete and authorized staff to issue a
Page 3 of 6
Notice of Completion.
SET MATTERS - PUBLIC HEARINGS
10. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2009 -033,
ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2009 -2010
Director Galvez presented the report to the Council. Mayor Lozano opened
the public hearing for those wishing to speak in favor or opposition.
FAVOR:
NONE
OPPOSITION:
-Ken Woods
- Thomas Cary
-Cruz Sembello
Seeing no further interest, the public hearing was closed
Motion: Adopt Resolution No. 2009 -033 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY 2009 -2010, AND
AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS
SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS."
Moved by Council member Bejarano, seconded by Mayor Pro Tern Monica
Garcia.
• • - �•- • • • t • �r•
- • �r•
Director Galvez presented the report. Mayor Lozano opened the public
hearing for those wishing to speak in favor or opposition.
FAVOR:
NONE
OPPOSITION:
- Thomas Cary
-Ken Woods
Seeing no further interest, the public hearing was closed
Mayor Pro Tern Monica Garcia commented that these assessments help
continue the maintenance of the city. Council member Bejarano also
commented about the services offered to the public
Page 4 of 6
Motion: Adopt Resolution No. 2009 -034 entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT
DISTRICT FOR FY 2009 -2010, AND AUTHORIZING THE LOS ANGELES
COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO
PROPERTY TAX BILLS."
Moved by Council member Bejarano, seconded by Mayor Pro Tern Monica
Garcia.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
* Request by Mayor Lozano for discussion on the following:
Discussion and consideration of creating a Mayor's Walk program in conjunction
with the Walkability Grant / Workshops
Mayor Lozano commented about his item, expressing that this would be a
Council and community event. It was requested that more information be
placed in. the NOW
Mayor Lozano announced the recenty approved Capital Improvement Plan and
all of the benefits and improvements that would be made. It was requested that
staff provide information to the public that the funds being used for these
improvements are restricted
Council member Bejarano also requested that maps of where the improvements
will take place be made available to the residents who may be impacted by street
closures, offering alternative routes
He spoke about discussions with a Bay -area organization and the League of
California Cities on the possibility of a California Constitutional Convention. He
requested that Council consider adoption of a resolution of support
Council member Pacheco spoke about his attendance at the ICA conference
and various sessions that he attended that were relevant to the City of Baldwin
Park. He also spoke about a tree - planting program through the Air Quality
Management District
Mayor Pro Tern Monica Garcia thanked Council member Pacheco for bringing
up the information on the tree planting effort, as it could possibly be incorporated
into the Baldwin Park Beautiful Program.
She also spoke about the Capital Improvement Plan and inquired about the
timeline for the installation of a four -way stop sign at Olive and Bleeker.
She commented on the approved agreements with homeless shelters and
organizations for the benefit of those in the community. She mentioned the
proposed redevelopment project and that the Olson Company has been strongly
urged and encouraged to work with residents and business owners to receive
Page 5 of 6
input from stakeholders in the area
Council member Marlen Garcia congratulated the city for its national "Playful
City USA" designation, noting that it was the first year that the deparment had
applied for it and that very few cities in the County and State had received the
recognition
She also reported on her attendance at the ICA Conference and the sessions that
she attended.
She announced the current budget negotiations, noting that they are considering
taking local redevelopment and Prop 1A funds
RITIMOMIOMMM
There being no other matters for discussion the meeting was adjourned at 8:18
p.m.
Approved as presented by the Council at their meeting held August 5, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
.. .
CITY OF BALDWIN PARK
TREASURER'S REPORT
June 30, 2009
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local
Agency Investment Fund
City
Community Develop. Comm.
Housing Authority
Fiscal Agent Funds - City
Fiscal Agent Funds - CDC
1.38%
Varies
Varies
19,918,937.50 19,918,937.50
19,918,937.50
19,918,937.50
1.38%
Varies
Varies
12,184,873.25 12,184,873.25
12,184,873.25
12,184,873.25
1.38%
Varies
Varies
3,279,394.06 3,279,394.06
3,279,394.06
3,279,394.06
35,383,204.81 35,383,204.81
35,383,204.81
35,383,204.81
Varies
Varies
Varies
2,866,116.10 2,866,116.10
2,866,116.10
2,866,116.10
Varies
Varies
Varies
2,065,444.86 2,065,444.86
2,065,444.86
2,065,444.86
$ 40,314,765.77 $ 40,314,765.77
4,931,560.96
$ 40,314,765.77
Total Investments $
40,314,765.77
Cash
City General Checking
1,391,027.16
City Miscellaneous Cash
12,321.61
Comm. Develop. Comm.
256,503.80
Housing Authority
97,026.86
Financing Authority
0.00
Total Cash
1,756,879.43
Total Cash and Investments $
42,071,645.20
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 June 2009 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 investments are in compliance to the City's Statement of Investment Policy.
V na ed by:
Quijano
Finance Director
e�
Fd z e 11'
rr-
''''..
'.
Honorable Mayor and City Council Members
Vijay Singhal, Executive Director
Marc Castagnola, AICP, Community Development Mana
August 5, 2009
SUBJECT: Request to hire a technical firm to assist the City with review of the
Draft Environmental Impact Report by the City of l: Al;ndale for the
Materials Recovery Facility and Transfer Station (MRF /TS) located at
the intersection of Live Oak Avenue and Arrow Highway.
Fa c.
To enter into a Consultant Services Agreement with Environmental Science Associates
(ESA) to assist with the technical review of the Draft Environmental Impact Report
(DEIR) for the Material Recovery Facility and Transfer (MRF/TS) Station located at the
intersection of Live Oak Avenue and Arrow Highway in the City of Irwindale.
On December 18, 2008, the City of Irwindale issued a Notice of Preparation to the
California State Clearinghouse stating that they were beginning the environmental
review process and prepare a Draft Environmental Impact Report (DEIR) relating to the
construction of a materials recovery facility and transfer station (MRF /TS) at the
intersection of Live Oak Avenue and Arrow Highway. Pursuant to the CEQA process,
the City of Irwindale, as the lead agency, held a Scoping Meeting to solicit input on the
proposed project on January 12, 2009. On February 12, 2009 the City of Irwindale held
a public meeting to provide additional information on the proposed MRF /TS to the public
and take additional public comments.
On January 21, 2009, the City Council adopted resolution 2009 -002 which expressed
opposition to the construction of a 322,972 square foot MRF /TS in the City of Irwindale
which immediately abuts the City of Baldwin Park. This opposition is based upon
several factors including, that the proposed facility, which will be allowed to process up
Consultant Services Agreement
DER for the MRF /TS
August 5, 2009
Page 2
to 6,000 tons per day of refuse, is located within, 400 feet of residential uses, 1,200 feet
of a public elementary school, and 100 feet of commercial /industrial uses. The refuse
material will be solely trucked in and out of the facility at an approximate rate of
approximately 1,500 to 1,800 truck trips per day not including those trips generated by
the general public. Furthermore, due to the proximity of the MRF /TS to sensitive land
uses such as schools and residences, the City is of the opinion that the proposed facility
will have a detrimental impact on the quality of life for our residents, students and
visitors.
At this time, and with the limited information available, staff believes that potential
significant adverse environmental impacts may occur as the result of the proposed
location of the MRF /TS. Such potential negative environmental impacts include:
(i) increased traffic; and
(ii) increased noise exposure and ground borne vibration; and
(iii) creation of significant, objectionable odors; and
(iv) creation of a hazard to the public regarding the handling of hazardous
substances; and
(v) potential degradation of the groundwater quality; and
(vi) conflicts with the City of Irwindale's General Plan, zoning map, and zoning
code.
In addition, staff concerns are further substantiated by Athens Disposal alleged failure to
meet various air quality regulations as evidenced by the Air Quality Management
District's lawsuit against Athens Disposal.
According to the City of Irwindale, the DER should be completed and ready for public
circulation and comment by the end of July; however, no specific release date was
provided by the City of Irwindale as of the printing of this report.
Because of the potential severe environmental impacts this proposed project may have
on the residents and businesses of Baldwin Park within proximity of this project and the
technical complexity of the environmental study, staff has been researching adequate
resources to appropriately evaluate the DEIR, its findings and potential mitigation
measures. Therefore, staff sought proposals from technical firms to assist the City in
reviewing the document and providing advisements and comments on its methodology,
assessment and mitigation measures.
The table below outlines the cost proposals from the respondent technical firms which
could assist the City with the review of the DER relating to the proposed materials
recovery facility and transfer station in Irwindale.
Consultant Services Agreement
DER for the MRF/TS
August 5, 2009
Page 3
TECHNICAL FIRMS
FIRM NAME
COST PROPOSAL
NOTES
ESA — Environmental
$22,900 to $31,540
Based on between 140 to
Science Associates
194 hours of labor.
Includes direct expenses.
Hogle-Ireland, Inc
Not to exceed budget of
Suggest that we be billed
$10,000 unless have written
for time and materials.
authorization.
Have a MRF/TS specialist
to assist.
The Planning Center
According to Table #1 (Cost
Optional tasks would be
Estimate) $12,703.
focused review of technical
studies and attendance at
Optional tasks $10,470
public hearings.
Total both: $23,173
Staff evaluated the technical experience and qualifications of the respondents and
concluded that ESA, and most specifically Mr. Dan Sicular, PhD, Senior Managing
Associate with ESA, has the most relevant technical expertise to review and analyze the
information contained in the DEIR for the MRF/TS. Dr. Sicular's relevant experience
includes:
1 ) Project Manager for the Redwood Landfill Expansion EIR
2) Project Manager for the South San Francisco Scavenger Company
MRF/TS EIR
3) Project Manager for the Liberty Transfer Station Expansion
opportunities and constraints analysis
4) Project Director for the Berkeley transfer Station Facility
Environmental Engineering.
Additional experience is listed in the proposal submitted by ESA which is dated May 29,
2009 and included as Attachment #1.
The total cost to review the DEIR is between $22,900 to $31,540. This amount was
already included in the FY 2009-2010 adopted budget under new programs.
Consultant Services Agreement
DER for the MRF/TS
August 5, 2009
Paae 4
It is recommended that the City Council:
1 Authorize the Chief Executive Officer to enter into a Consultant
Services Agreement with ESA for a not to exceed amount of
$31,540 to provide the City with technical expertise in reviewing the
City of Irwindale's DER for the MRF/TS located at the intersection
of Arrow Highway and Live Oak Avenue; and
1 Authorize a transfer of funds from 100.00.299.53999.00000.2 in the
amount of $31,450 into account 100.40.440.51100-00000.2
ATTACHMENTS
Attachment #1-- Technical Firm Proposals
ESA
Hogle-Ireland, Inc.
The Planning Center
Attachment #2—Consultant Services Contract
Report Prepared by: Amy L. Harbin, City Plan` e ,
r
i
C:\Amy\AMY\WOFZD\Memos\Memos to Marc\MRF EIR Quotes.doc
707 Wilshire Boulevard
Suite 1450
Los Angeles, CA 90017
213.599.4300
213.599.4301
Via E -Mail and US Mail
May 29, 2009
Marc Castagnola
Director
Community Development Department
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Re: Review of Draft EIR for Irwindale MRF and Transfer Station (ESA No. P209292)
Dear Marc:
Per our recent conversations, this letter proposal provides you with our proposed scope of work and preliminary
cost estimate to conduct a review of the forthcoming Environmental Impact Report (EIR) on the Athens -
Irwindale Materials Recovery Facility and Transfer Station (MRF /TS). We have attached the following
documentation in support of this proposal :
• Attachment A: Resumes for Dan Sicular, the Project Manager, and Deborah Kirtman, the Project
Director for this project;
• Attachment B: ESA's Salary and Rate Schedule.
We will send ESA's most recent Community Development qualifications under separate cover.
As you know, ESA was founded in California in 1969, shortly before enactment of the National Environmental
Policy Act (NEPA) and the California Environmental Quality Act (CEQA) landmark laws that have greatly
influenced environmental planning and analysis. Over the years ESA has grown into a broad -based environmental
consulting company with a nationwide presence and wide range of planning, management, documentation and
analytical services. The firm's seasoned staff helps clients define environmental and plamiing parameters, identify
opportunities and constraints, and save resources. We are an employee -owned firm that specializes in CEQA and
NEPA documentation, permitting, and planning. Our staff includes geologists, solid waste specialists,
hydrologists, cultural historians and archaeologists, planners, graphics artists, GIS technicians, air quality and
noise technical staff, wind and shadow specialists, airport planners, hazardous materials experts, and traffic
specialists. With eleven offices, ESA is a well- integrated and responsive company. All files and information is
accessible to every office.
ESA is prepared to conduct a detailed review of the EIR upon its publication, and to provide comments on its
adequacy in complying with CEQA statute and guidelines. We will also suggest mitigation measures and
alternatives that would reduce or eliminate project impacts on the City of Baldwin Park. The review will be led
by Dan Sicular, a Senior Managing Associate in our San Francisco office who specializes in preparation of EIRs
for solid waste facilities. Dan has completed numerous EIRs for MRF /TSs, landfills, and composting facilities, as
well as other industrial projects. He has also conducted critical review of EIRs on behalf of project opponents. He
is one of our most experienced CEQA practitioners and is well- suited to conduct this review.
Marc Castagnola
May 29, 2009
Page 2
We suggest the following as a scope of work and labor effort:
Meeting with City staff to define goals of the EIR review.
(Deborah Kirtman and Dan Sicular — 4 hours each plus 4 hours to review background materials plus DS
travel from San Francisco.)
Initial review of the document to identify areas of concern and vulnerability.
Deliverable: Memorandum to City outlining results of initial review (20 hours by Dan Sicular).
Detailed review by appropriate analysts (e.g., traffic, noise, air quality, aesthetics, health risk, land use,
alternatives) and drafting of comments; edit and compile comments and deliver to the City in draft form;
accept comments from the City and finalize. Provide electronic version that the City can place on own
letterhead, or the comments can be on ESA letterhead.
(Assume a minimum of four issue areas analyzed in depth at 18 hours each and a maximum of seven issue
areas analyzed in depth at 18 hours each, plus 10 hours by Dan Sicular to compile and edit; 10 hours to
revise = 92 hours to 146 hours depending on final scope.)
4. Contingency task.
Additional review and advice to the City; and /or additional work on tasks outlined above (16 hours).
The total estimated labor effort is as follows:
140 hours of labor to 194 hours of labor @ $160 (average) $22,400 to $31,040 labor
Direct expenses estimate $ 500 expenses
Total estimate $22,900 to $31,540
Please consider this a preliminary scope of work and cost estimate that depends on the final scope. We would be
happy to work with you to finalize the scope and negotiate the budget. Please give Dan Sicular and Deborah.
Kirtman a call at your earliest convenience to discuss. Dan can be reached at (41.5) 896 - 5900, x -345 or
dsicular (b)',esassoc.coin; Deborah can be reached at (21.3) 599 -4318 or dk1rtman('4)esassoc.com.
Marc Castagnola
May 29, 2009
Page 3
We are prepared to start work as soon as the Draft EIR is published to complete the assignment within the public
comment period. We look forward to assisting you with your participation in the CEQA process for this project,
which we understand is of great concern to the City.
Sincerely,
Deanna M. Hansen
Vice President and Director, Community Development
Cc: Dan Sicular
Attachments
707 Wilshire Boulevard
Suite 1450
Los Angeles, CA 90017
213.599.4300
213.599.4301 <<
Resumes for Principal Staff
DANIEL T. SICULAR, Ph.D.
Senior Managing Associate
Dan Sicular has 20 years of consulting experience in waste management, recycling, waste prevention, and
composting program planning, design, implementation, evaluation, and environmental review. He has broad
experience working with governmental agencies and recycling organizations, and has managed numerous
projects including environmental reviews, planning studies, waste characterization studies, surveys, program
implementation and oversight, and program evaluations. Dan is the author of numerous academic and
professional papers on local, national, and international trends in the waste management industry; low -cost
recycling and composting systems suitable for the third world; the history of recovery-based waste
management systems in the United States; and the social geography of waste collectors and scavengers.
South San Francisco Scavenger Company 1l RF/Transfer Station EIR.
Project Manager. Dan was the project manager and author of several technical
sections for this EIR. The project was intended to consolidate transfer and
materials recovery functions of the scavenger company which were occurring at
two locations in the City; and to provide increased opportunities for waste
diversion, as mandated by AB 939. The site location on the shore of San
Francisco Bay in an area zoned Coastal Commercial /Light Industrial was
inconsistent with the type of uses identified for this location in the City's East of
101 Area Plan. Dan also conducted an extensive examination of project
alternatives, including a comparative evaluation of different potential locations
for the facility. The EIR was certified by the City Council, was constructed, and
is now operating.
Relevant Experience
Education
Ph.D., Geography, University
of California, Berkeley
Redwood Landfill Expansion EIR, County of Mar -* —. Project Manager. ESA
prepared an EIR for a proposed expansion of the Redwood Landfill, which
M.A., Geography, university
of California, Berkeley
�' m
p serves as the repository for the of Marin and Sonoma Counties' solid
Y
B.A., Southeast Asian
waste, as well as �vr uiosolids from the greater Bay Area. The EIR was
Studies, University of
technically complex, and examined in depth issues including potential health
p � p g p
California
risks of toxic air contaminants; the possibility of leachate to contaminate ground
or surface water; impacts on special status species; and landfill and levee slope
stability. Through the EIR process, Marin County worked with the applicant to
re -focus the project on recovery of materials and energy from wastes, rather than
disposal; ultimately, the "mitigated alternative" to the project was approved by
the County. As part of the preparation of the Final EIR, Dan conducted a
lifecycle analysis of greenhouse gas (GHG) emissions for the facility, from its
opening in 1958 through the year 2098. Mitigation measures specified in the
EIR include maximizing capture of landfill gas and its use for power production;
increased recycling, as well as composting of organic wastes (which contribute
to landfill gas generation); extending the post- closure maintenance period as
long as the landfill continues to produce gas; and additional on -site and off -site
off -sets. The EIR was certified in 2008.
South San Francisco Scavenger Company 1l RF/Transfer Station EIR.
Project Manager. Dan was the project manager and author of several technical
sections for this EIR. The project was intended to consolidate transfer and
materials recovery functions of the scavenger company which were occurring at
two locations in the City; and to provide increased opportunities for waste
diversion, as mandated by AB 939. The site location on the shore of San
Francisco Bay in an area zoned Coastal Commercial /Light Industrial was
inconsistent with the type of uses identified for this location in the City's East of
101 Area Plan. Dan also conducted an extensive examination of project
alternatives, including a comparative evaluation of different potential locations
for the facility. The EIR was certified by the City Council, was constructed, and
is now operating.
Daniel T. Sicular, Ph.D.
Page 2
Relevant Experience (Continued)
Liberty Transfer Station Expansion Opportunities and Constraints
analysis. Project Manager. Dan worked with the private owner of a large -
volume transfer station in northern San Diego County to identify opportunities
and environmental constraints for expansion of the facility and addition of
materials recovery functions.
Yolo County Central Landfill Expansion and Full -Scale Bioreactor EIR.
Project Manager. ESA prepared a Draft and Final EIR for proposed
modifications to the Yolo County Central Landfill, including a height extension
and use of both anaerobic and aerobic bioreactor technologies in future cell
development. The EIR focused on impacts to aesthetic, biological and air
resources, and examined in detail the effectiveness of bioreactor technology for
reducing methane emissions and maximizing energy recovery. The Final EIR
was certified in March 2005.
Brentwood Transfer Station Expansion Initial Study. Project Manager
ESA prepared a CEQA Initial Study for a proposed expansion of the City of
Brentwood's solid waste transfer station. The City owns and operates the
..
1u11 Y , which is 'located witLi' ri a rapidly
growing area in relatively dose
proximity to recreational facilities, commercial developments, and residences.
The proposed project includes expansion of the facility onto an adjoining parcel,
construction of a transfer building, and the addition of processing capacity for
recyclable and compostable materials. Major issues included air quality,
noise and traffic that would be generated by project operations, and disturbance
0_r f sensi eve biological habitat in the expansion parcel.
Acme Landfill Composting Facility Initial Study, Martinez, CA. Project
Manager. Dan worked with the Contra Costa County Community Development
Department to evaluate Acme Landfill's use permit application. The permit
would allow the construction and operation of a green materials composting
facility and stormwater detention facility in a borrow pit adjoining a closed
portion of the existing Acme owned and operated landfill. Due to the site's
location, just 300 -feet from the nearest neighboring residence, the Initial Study
evaluated hydrology, air quality, biological resources, and cumulative land use
impacts affecting the landfill neighbors.
Orange County Integrated Waste Management Department On -Call
CEQA Services. Environmental Analyst. For several years, ESA held an on-
call contract with the Orange County Integrated Waste Management Department
to provide CEQA services at active and closed sites throughout the County.
Under this contract, ESA prepared initial study /mitigated negative declarations
for several projects, including gas system improvements at a closed site in
Huntington Beach, construction of a desilting basin at an active landfill in
Irvine, and a biomitigation plan for an active site near the City of San Clemente.
Dan contributed technical sections to several of these documents.
Daniel T. Sicular, Ph.D.
Page 3
Relevant Experience (Continued)
City of Berkeley Solid Waste Management Plan Update -75% Recycling
Plan. Project Manager. ESA developed a plan for 75% diversion from landfill
disposal (Solid Waste Management Plan Update) which presented options and
strategies for achieving 75 percent diversion by 2010, and for moving toward.
the City's goal of Zero Waste by 2020. The Plan Update was developed
collaboratively with the City's Solid Waste Management Commission
(appointed by elected officials), City staff, and interested groups and
individuals, through workshops and public meetings. The new plan provides a
framework for program and policy development that will conserve natural
resources and landfill capacity; that will enable the City to continue to comply
with the State of California- mandated requirement to divert at least 50 percent of
the City's generated waste from landfills, and with the Alameda County Measure
D requirement to divert at least 75 percent of the City's wastes.
Berkeley Transfer Station Facility Environmental Engineering. Project
Director. ESA conducted a review of the Berkeley Transfer Station to identify
mitigation measures to reduce air pollutant emissions from the site. The
Berkeley Transfer station receives solid waste from the City of Berkeley
garbage collection truck Beet and also from approximately 300 self -haul
vehicles daily. ESA reviewed over a year of hourly PM -10 data collected
immediately downwind, made multiple site inspections to understand typical
operations at the transfer station, and reviewed potential vehicle performance
improvements. Several ideas were explored for future improvements related to
the use of alternative fuels, including conversion of more vehicles to CNG,
adding catalytic converters to various vehicles, and use of ultra low sulfur diesel
fuel. The facility is currently using B 100 biodiesel fuel. Several
recommendations were also identified for reducing emissions from on -site dust
entrainment and refinements to the misting system to reduce fugitive dust
emissions.
South Bayside Waste Management authority Facilities and Operations
Consulting. Project Director. The South Bayside Waste Management Authority
purchased a large transfer station, recyclable materials processing plant, and
ancillary facilities, including the collection truck maintenance shop, from the
local refuse collection company, which continues to operate them. After a
competitive selection process, ESA was chosen to inspect the buildings, yards,
and equipment periodically to assure they are well maintained and are
performing optimally. ESA scrutinized the entire facility once each month and
provided summaries to the operator and the Authority; ESA also developed
specifications for major maintenance activities such as floor repaving and
equipment replacement. The working relationships among ESA, the Authority,
and the facility operator were highly cooperative.
City of El Cerrito Recycling Collection Program Implementation
Assistance. Project Manager. Assisted the City of El Cerrito in implementing
their new semi - automated refuse collection and greenwaste collection program.
Helped coordinate the planning and implementation of the project, prepare
Daniel T. Sicular, Ph.D.
Page 4
implementation schedule, research and recommend policies and equipment, and
coordinate the efforts of the City, the service provider, the equipment supplier,
and a public relations consultant.
City of San Francisco Disposed Waste Characterization Study. Project
Manager. ESA conducted the 2004 -2005 characterization of all waste disposed
from the City and County of San Francisco. The project involved developing
methodologies for sampling and analysis, close coordination with City and
County staff and with Norcal Waste Systems, the City's waste hauler; collection
of data through handsorting and visual observation, and preparation of final
report.
City of Santa Cruz Resource Recovery Facility Flan. Project Director.
ESA developed a long term plan for the evolution of the City's recycling
facilities, to provide a smooth transition to single - stream processing; increased
use of the site for public education; replacement of aging buildings and
equipment, and a corporation yard and shop for collection vehicles. The plan
also examined options for refuse sorting and baling, green waste processing, and
track ftieling and washing. Space requirements and traffic flows were analyzed;
schematic drawings were prepared; a phasing plan was developed; and costs
were estimated in detail, including cash outlays by phase, financing
requirements, and rate impact. Several workshops were held with City staff to
determine needs and preferences; and a detailed report and presentation were
submitted to City Council for approval. ESA also prepared the environmental
review documentation for this project.
Cold Creek Compost Facility EIR, Mendocino County, California. Project
Director. The proposed project was to expand an existing composting facility
located in a remote area of rural Mendocino County. The EIR was prepared
under court order after the court found a negative declaration inadequate. The
draft EIR received over 500 comments, which Dan cataloged and assigned to
team members for response.
Contra Costa Sanitary Landfill Closure (East Marcel) Initial Study and
Mitigated Negative Declaration. Project Manager. Dan managed the
environmental documentation for the project which involved development of
several facilities necessary for closing this landfill, located in Antioch,
California: a storm.water detention basin, toe berm, soil borrow area, and other
facilities. Despite project delays due to change in ownership of the landfill.
during preparation of the environmental document, the project was completed in
a timely fashion.
Countywide Integrated Waste Management Plan and related CEQA
documentation for San Mateo, Solano and Napa Counties. Project Manager.
Prepared Siting Element to demonstrate whether San Mateo County has a
minimum of 15 years of combined permitted waste disposal capacity.
Summarized significant waste management problems facing the County and
Daniel T. Sicular, Ph.D.
Page 5
provided an overview of the specific steps to be taken by local agencies to
achieve the goals of the California Integrated Waste Management Act
(Assembly Bill 939). Dan also prepared the related CEQA documentation.
Ostrom Road Landfill Expansion EIR. PrgjeetManager. Dan prepared a
Draft and Final EIR on proposed modifications to the landfill's existing
Conditional Use Permit, Solid Waste Facility Permit, and Waste Discharge
Requirements. Analysis included geology, hydrology and water quality, air
quality, traffic circulation and safety, hazardous materials, noise, and aesthetics
for a revised site grading plan that would increase the maximum allowable daily
tonnage limit from the current maximum of 1,000 tons per day to 3,000 tons per
day, and increase the allowable number of trucks delivering wastes to the
facility. The EIR successfully withstood legal challenge.
Comment on the EIR for University of California, Berkeley Memorial
Stadium UTpgrades. Prgjeet MU— eager ^. On behalf of the advocacy group, Save
Tightwad Hill!, Dan conducted a critical review of the EIR for a multi -phase
project to modernize and renovate the historic football stadium on the University
of California, Berkeley campus, and submitted comments on the Draft and Final
EIRs. Save Tightwad Hill! was concerned that a proposed new bank of seats on
the east rim of the stadium would block views from an adjacent hill, from which
fans have watched football games for free since the stadium was built in 1923.
Dan's comments formed the basis for a suit brought by the group against the
University, alleging inadequacy of the EIR's consideration of cultural resources
and publically accessible scenic views. The group settled with the University in
2008, when the University agreed in concept to modify stadium renovation plans
to preserve views from Tightwad Hill.
k fix:
Senior Managing Associate
Deborah Kirtman has over 15 years of planning experience including management of environmental
documentation, such as initial studies, EAs, and EIRs for general plans, general plan amendments, and
specific plans in Northern and Southern California. Her projects include large mixed -use transit - oriented
projects, mixed -use residential and school projects, general plan amendments for a variety of senior and
market -rate housing developments (including the expansion of historic buildings), specific plans and
redevelopment plans in downtown areas or newly created downtown areas, and environmental assessments
for HUD and the Department of Energy. Her experience includes several controversial projects involving
work on several pipeline projects, public and semi - public trail projects, land exchanges, office complexes,
hospitals, school projects, specific plans, cell phone towers, a college dormitory, University of California
projects, work on the Occidental Master Plan EIR, and a wastewater treatment plant. She has a broad -based
understanding of local and regional government issues, and public- private ventures.
City of San Bruno's U.S. Navy Site and Its Environs Specific Plan EIR and
Addenda. San Bruno, CA. Project Manager. Deborah coordinated preparation
of an EIR for the City of San Bruno's surplus U.S. Navy property. Deborah
wrote key sections, and coordinated completion of the traffic, air quality, and
noise sections. Later, Deborah wrote three Addenda for the project, as
developers came on -line.
Dudley Ridge Water District Transfer Project Negative Declaration, CA.
Project Manager. Deborah coordinated completion of a Negative Declaration
for a water transfer from a private water entitlements owner- located in the
Dudley Ridge Water District in Kings County to Mojave Water Agency. This
Negative Declaration is currently in circulation and does not appear to be
controversial. The project would result in fallowing agricultural fields adjacent
Recent Experience:
Education
B.A., Political Science,
Stanford University
Baldwin Park Specific Plan City of Baldwin k� P—i-It RiFana
a a EIR. C_ , dwin Par.. J� ,�wger.
Deborah coordinated the completion of a Draft EIR for proposed amendments to
M.C.P., City and Regional
Planning, University of
the Baldwin Park General Plan and Zoning Ordinance that would completely
g
California, Berkeley
change existing development patterns in the 120 -acre downtown area. This
controversial project has been placed on hold because of the current lack of
Years of Experience: 15
financing for new development. Issues focused on traffic and water supply.
Certifications { Registrations
American Institute of Certified
American Canyon Town Center EIR. American Canyon, CA. Project
Planners
Manager. Deborah serves as the Project Manager for this project, which is
Professional Affiliations
currently on hold. This project included a schedule of bi- weekly meetings with
American Planning
the developer and City staff to respond to CEQA- related questions and issues.
Association; American Institute
Issues for this project included traffic, water supply, drainage, affordable
of Certified Planners
housing, and growth inducement. ESA also provided a contract planner to act on
behalf of the City.
City of San Bruno's U.S. Navy Site and Its Environs Specific Plan EIR and
Addenda. San Bruno, CA. Project Manager. Deborah coordinated preparation
of an EIR for the City of San Bruno's surplus U.S. Navy property. Deborah
wrote key sections, and coordinated completion of the traffic, air quality, and
noise sections. Later, Deborah wrote three Addenda for the project, as
developers came on -line.
Dudley Ridge Water District Transfer Project Negative Declaration, CA.
Project Manager. Deborah coordinated completion of a Negative Declaration
for a water transfer from a private water entitlements owner- located in the
Dudley Ridge Water District in Kings County to Mojave Water Agency. This
Negative Declaration is currently in circulation and does not appear to be
controversial. The project would result in fallowing agricultural fields adjacent
Deborah H. Kirtman, AICP
Page 2
Relevant Experience (Continued)
to I -5, south of Kettleman City. Caltrans determined that it had no comments,
and the California Department of Fish and Game waived its fees.
City of Calexico, Calexico Wastewater Treatment Plant Expansion and
Update EIR. Calexico, CA. Project Manager. Deborah coordinated completion
of an EIR for Calexico's planned expansion and update of its wastewater
treatment plant. The wastewater plant discharges into New River, which is an
impaired water body that flows to the Salton Sea. This was not a controversial
project because it was built to address inflow and infiltration during wet
weather. The DEIR is currently in circulation with the comment period set to
end in one week. To date, no comment letters have been received.
City of Corona Reclaimed Water Master Plan EIR. Corona, CA. Project.
Manager. Deborah is coordinating the update of Corona's Reclaimed Water
Master Plan EIR. This update will include new storage facilities, and new areas
of the , that will . ioy be brought on-line for recycled water. TO date, there are no
controversial issues, although this project is just getting underway.
707 Wilshire Boulevard
Suite 1450
Los Angeles, CA 90017
213.599.4300 h s;
213.599.4301 °ax
ATTACHMENT B
J
Salary and Rate Schedulp..
Im
Exhibit B
ENVIRONMENTAL SCIENCE ASSOCIATES & SUBSIDIARIES
2009 SCHEDULE OF FEES
Personnel Category Rates
Charges will be made at the Category rates set forth below for time spent on project
management, consultation or meetings related to the project, field work, report
preparation and review, travel time, etc. Time spent on projects in litigation, in
depositions and providing expert testimony will be charged at the Category rate
times 1.5.
Executive Director
$250.00
Senior Director ii
$225.00
Senior Director I
$200.00
Director II
$190.00
Director l
$175.00
Senior Managing Associate / Technical Associate 11
$165.00
Senior Managing Associate / Technical Associate I
$160.00
Managing Associate / Technical Associate II
$150.00
Managing Associate / Technical Associate I
$145.00
Senior Associate II
$130.00
Senior Associate I
$120.00
Associate III
$105.00
Associate II
$95.00
Associate I
$85.00
Environmental Tech II
$75.00
Environmental Tech 1
$65.00
Senior Administrative / Graphics
$100.00
Administrative / Graphics
$85.00
Clerical
$70.00
(a) From time to time, ESA retains outside professional and technical labor on a.
temporary basis to meet peals workload demands. Such contract labor may be
charged at regular Employee Category rates.
(b) ESA reserves the right to revise the Personnel Category Rates annually to
reflect changes in its operating costs.
ESA 2009 SCHEDULE OF FEES
II. ESA. Expenses
A. Travel Expenses
1. Transportation
a. Company vehicle - IRS mileage reimbursement rate
b. Common carrier or car rental - actual multiplied by 1.15
2. Lodging, meals and related travel expenses - direct expenses multiplied
by 1.15
B. Communications Fee
In -house costs for phone, e -mail, fax, regular postage, walk -up copier, and
records retention - project labor charges multiplied by 3%
C. Printing /Reproduction Rates
ITEM RATE /PAGE
8 1/2 x 11 b/w
$0.05
11 x 17 b/w
0.10
8 1/2 x 11 color
1.00
11 x 17 color
1.50
Covers
0.50
Binding
1.00
11P Plotter
25.00
CD
10.00
D. Equipment Rates
ITEM RATE /DAY RATE /WEEK RATE /MONTH
Vehicles
$40.00 a
$180.00
Laptop Computers
50.00
200.00
500.00
LCD Projector
200.00
600.00
Noise Meter
50.00
Sample Pump
25.00
Surveying Kit
20.00
Field Traps
40.00
Digital Planimeter
40.00
Cameras/Video/Cell Phone
20.00
200.00
Miscellaneous Small Equipment
5.00
GIS Computer Time
120.00 b
Trimble GeoXT GPS
75.00
350.00
GIS Imagery
1.50 c
GIS Web Maps
200.00 d
Tablet GPS
100.00
400.00
1,000.00
Laser Level
60.00
Gannin GPS
25.00
250.00
a Actual project charges will be either the IRS mileage reimbursement rate or the
daily rate, whichever is higher.
b GIS computer time will be charged at S 15.00 per hour.
c A GIS image is based on 800 x 1,000 pixels. Custom size will be charged accordingly.
d GIS Web Maps will be charge in $200 per unit of disk space.
2
ESA 2009 SCHEDULE OF FEES
III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.
IV. Other
There shall be added to all charges set forth above amounts equal to any applicable
sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under
the authority of a federal, state, or local taxing jurisdiction.
IA
C:\Amy\AMY\WORD \Memos \Memos to MarcWR= EIR Quotes.doc
June 5, 2009
Amy L. Harbin
City Planner
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
SUB3E'CT, Proposal for Professional Critique of Draft EIR for Athens Services
Materials Recovery Facillity and Transfer Station
Dear Ms. Harbin,
Hogle-Ireland, Inc, (HI) is pleased to respond to your request for a proposal to conduct a
professional review of the Draft EIR (DEIR) for the Athens Services Materials Recovery
Facility and Transfer Station Project (MPF/TS), to be located in the City of Irwindale. We
understand that the DEIR is expected to be released for public review, and comment in
July.
There are residential neighborhoods in the City of Baldwin Park to the south of the
proposed MPF/TS site and Baldwin Park Boulevard, one of the City's main arterials, leads
directly to the site. With substantial daily truck traffic, plus handling and storage of a
variety of waste materials in large quantities, the MRF/TS could generate a variety of
environmental impacts that could adversely affect nearby residents, degrade local and
regional air quality, contribute to truck-traffic congestion, and possibly introduce
environmental and health risks that do not presently occur in this area.
HI is prepared to review the DEIP, with respect to compliance with the CEQA Statutes and
Guidelines, and to assess the adequacy of the document with respect to environmental
impacts that could adversely affect residents, businesses, traffic conditions or other
conditions in Baldwin Park, Our firm has been in business for more than 20 years,
specializing in planning services to local government agencies, along with land planning,
entitlement and environmental impact assessment services. Senior staff members have
all held management level positions in the public sector and collectively, our staff of 70
professionals provides a wealth of talent and experience to support local planning
programs. HI staff have prepared, managed, and critically reviewed numerous
environmental impact assessments under CEQA and NEPA, as an extension of City staff
and as a prime consultant.
The evaluation of the MRF/TS EIR would be Conducted under the supervision of Randy A.
Nichols, AICP, Director of Environmental Planning. Mr. Nichols is a veteran land use and
environmental planning professional, with 30 years of experience, including nearly 25
years as a specialist in the preparation of environmental impact assessments, pursuant to
CEQA and NEPA. His resume is attached for your reference. Joseph Riesdorf, a
consulting solid waste management facility specialist, will provide expert-level knowledge
Ms. Amy Harb,p, City -6fl%Mdvvjn Park
PrOPO5-4V-1&. O*Ije EIP Reviiew'Sevices
June 5, 200 w
3
Page 2
in the operations of a MRF/TS, which will strengthen our ability to assess the adequacy of
the Irwindale MRF/TS EIR with respect to its discussions of facility design and operational
characteristics and the associated environmental effects. Mr. Riesdorf's resume is also
attached.
We will work closely with City staff and any legal counsel you may retain to ensure all of
the City's concerns are addressed and to develop a set of comments that are targeted to
specific deficiencies in the DEIR such as insufficient explanations, insufficient information,
failure to address certain impacts, improper methodology, unsupportable conclusions,
failure to incorporate some requirement set forth in CEQA, inadequate mitigation
measures, etc. If we should identify certain issues that require additional expertise to
confirm the adequacy of the information presented in the DEIR, we will assist the City in
selecting and working with qualified consultants to provide more substantive and
defensible comments.
Professional services costs would be billed on a time and expense basis, in accordance
with HI's current Schedule of Fees (copy attached). Fees for any subconsultants would
also be billed for time and materials, in accordance with their current rate schedules. For
initial administrative purposes, it is suggested that a not-to-exceed budget of C�10,000 be
established for our services. Services and billings beyond that amount woulcl�occur only
with the City's written authorization.
If you have any questions concerning this proposal, or desire any additional information
concerning our insurance, company resources, etc. please call me, at 949.553,1427.
Sincerely,
Ll
Randy A. Nichols, AICP
Director, Environmental Planning
Cc Laura Stetson
Mike Thiele
Jerry Guarracino
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as S/MlCls for 13 on-campus, aieveioprrlen." Drojects, a tm�
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Effective February 1, 2008
CLASSIFICATION
Partner
Principal
Director of Environmental Planning
Senior Designer
Senior Project Manager
Project Manager
Senior Associate Project Manager
Associate Project Manager 11
Associate Project Manager I
Assistant Project Manager 11
Assistant Project Manager I
Project Technician
Word Processing
SalrEEDULE
RA 71ES
RATE
160.00 to 190.00
150.00 to 170.00
140.00
140.00 to 150.00
135.00 to 150.00
125.00 to 140.00
115.00 to 125.00
105.00 to 115.00
100.00
All hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc., will be billed at cost
plus 10%. Hourly rates are updated, periodically. Expert Witness for deposition & testimony will be billed at
$350.00/hour.
SUMMARY 0FQUALIFICATIONS
for Joseph Reisdorf
Joseph Reisdorf has been providing professional consulting services to private and
public sector clients in the Western States for more than twenty years. He has a degree
in engineering and extensive experience with the development of a variety of energy and
solid waste management projects.
Mr. Reisdorf'a professional background includes the following accomplishments:
~
Management, supervision and coordination ofcomplex, multidisciplinary
consulting projects,
~
Extensive experience with the planning, development and permitting of
solid waste faci|itiee, including nueteha| recovery facilities, composting
facilities, and landfills.
~
Development and eva|usation of solid waste and recycling programs.
providing auditing, contract compliance and reporting services to
municipalities.
~
Compliance with the environmental laws and regulations related tothe
Ueve|opmentofsolid waste and energy prnjec±a
F"ROJECTEXPERIEp0GE
Solid Waste Facility Development
Mc Reisdorf has extensive experience with the analysis, permitting, environmental
review, and marketing for solid waste management 'facilities, including material recovery
facilities, composting facilities, and landfills. A broad scope of services has been
provided to private waste management companieo, munioi o|ithes, and project
ranging in size from 5to5.0QO tons of
^
Siting surveys and evaluations
~
Market assessment and evaluation
^
Concept development and critical flaw analysis
~
Feasibility and cost analysis
^
Facility layout and preliminary site design
`
Environmental review and design assessment
~
Complete project permitting with |000| regiona!, and state agencies
~
Equipment specification
His previous clients include:
Gold Coast ng — Ventuna.CA
Wood Industries Company —Viaa1ia.CA
California VVaaba Solutions — Oakland and San Jose, CA
O.L.S. Energy— Vernon, CA
City of San Marcos, CA
City of San Bernardino, CA
California Wood Recycling — Camarillo, CA
Pacific Ethanol, Inc. —Modesto, CA
Health Sanitation Service —Ganta Maria, C/\
yWodoo County' CA
He also presented a course through the U.C. Berkeley Extension Program entitled "The
Design and Operation of Material Recovery Facilities".
Many clients have retained Mr. Reisdnrf'o services because of his knowledge of solid
waste management systems throughout Callifornia. He has completed regional and
statewide market eanesannento for the deve)c»pment of proposed solid waste disposal
facilities and has conducted the marketing elements of due diligence investigations for
clients engaged in the acquisition of solid waste facilities. '
Design and Implementation of Waste Reduction and Recvciing Plans
Comprehensive studies and plans have been completed for over 40 public agencies
throughout California,
Creation of Waste Disposal and Recycling Information Systems
Mc Reiodmf has designed and managed data reporting and tracking systems for
several municipalities and public agencies throughout California. His company, kAexoom
Data KAanagernent, inc.. currently manages the waste disposal origin reporting systems
for the Puente Hills and Sunshine Canyon Landfills in Loa Angeles County. These
oyctunns process and verify 'the waste origin information from over 1.800 vehicles per
`day.
Design and Implementation of Comprehensive Recycling and
Waste 'Management Plans
Programs have been designed for individual building and businesses as well os for large
scale p rojeota, such at the new airport concourse in C/ubei. UAE and the Kingdom
Center in Riyadh, Saudi Arabia.
EDUCATION
B.S. Industrial Engineering - Rochester Institute of Technology, Rochester, NY
EXPERIENCE
Maxcom Data Management, Inc. — Los Angeles & Nevada City, CA — President
Aurora Associates — Los Angeles, CA & Park City, UT — Principal
Clements engineers — Los Angeles, CA — Project Manager
CONTACT INFORMATION
Maxcom Data Management, Inc.
204 Providence Mine Rd Suite 112 Tel: 530-478-0671 323-933-5561
Nevada City, CA 95959 Fax: 530-478-0915
Email: j.reisdorf@maxcomdm,com
C: \Amy\AMY\WORD \Memos \Memos to Marc\MRF EIR Ouotes.doc
June 8, 2009
Amy Harbin, City Planner
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Transmitted via e -mail to: AHarbin @baldwinpark.com
Subject: Proposal for Third Party Technical Review of CEQA Documentation for the
Athens Services Material Recovery Facility and Transfer Station (MRF/TS) in
the City of Irwindale
Dear Ms. Harbin:
The Planning Center understands the City of Baldwin Park is concerned that the City of Irwindale has not adequately
consulted with the City of Baldwin Park on potential adverse environmental impacts associated with traffic, noise and
vibration, odors, hazards, water quality degradation, and land use conflicts associated with the proposed Athens
Services Material Recovery Facility (MRF) and Transfer Station (TS) in the City of Irwindale that would abut the City of
Baldwin Park. In June 2008, Irwindale's City Council approved a Memorandum of Understanding (MOU) with Athens
Services; however, the City of Irwindale failed to share information regarding the Athens MRF/TS with the City of
Baldwin Park prior to approving the MOU. As a result of the potential adverse affects to residents and businesses and
the lack of project related communication from the City of Irwindale, the City of Baldwin Park requests a third -party
review of the Draft Environmental Impact Report (EIR) for the Athens MRF/TS. This proposal describes The Planning
Center's approach and cost estimate to assess both the technical .adequacy of the Athens MRF/TS EIR and support
technical studies, and the stringent processing requirements under the California Environmental Quality Act (CE(A).
Upon notice to proceed, The Planning Center will review ava ilable CEQA- related information, including the Notice of
Preparation (NOP) and any other public noticing and /or documentation for the project. The Draft EIR for the project is
anticipated to be released sometime in July 2009. The Planning Center's initial review of the Draft EIR will focus on the
project description, alternatives, and an initial revievv of topical environmental sections for technical adequacy under
CEQA. We will also focus on whether the City of Irwindale has complied with CEQA processing and noticing
requirements.
The Planning Center's initial review will identify if there are any gross errors or processing issues which could
potentially warrant recirculation of the Draft EIR. Under Section 150885, recirculation is required when "new
information is added to the EIR after public notice is given of the availability of the draft EIR for public review under
Section 15087 but before certification." Under this provision, "significant new information" requiring recirculation
includes, for example, a disclosure that:
(1) A new significant environmental impact would result from the project or from a new mitigation measure
proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are
adopted that reduce the impact to a level of insignificance.
s
June 8, 2009
Page 2
(3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would
clearly lessen the environmental impacts of the project, but the project's proponents decline to
adopt it.
(4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public
review and comment were precluded.
Upon our initial review, we will coordinate with the City to determine whether a more detailed level of review is
desired. More detailed review of the individual technical studies, including traffic, air quality, noise and vibration,
odors, and health risk assessment could be conducted to identify potential issues no apparent during a more cursory
review, and also provides the basis for specific recommendations (such as mitigation measures). The detailed technical
review and attendance at project hearings are included as Optional Tasks.
Nicole Vermilion, Associate Environment Planner, will serve as project manager and the primary contact for the third -
party review. Nicole Vermilion was the project manager for the Puente Hills intermodal Facility (IMF) EIR in the City of
Industry. The Puente Hills IMF was a component of the Sanitation District No. 2 of Los Angeles County's Waste -by -Rail
project, which would receive containerized municipal solid waste from the Puente Hills MRF. Additional staffing is
detailed below.
PROJECT STAFFING
If selected for this project, the following key personnel will staff this project. Support staff hours are provided in the
cost proposal
Nicole Vermilion, Associate Planner, will have primary responsibility for project management, staff liaison, and
consultant coordination, and will direct the overall services to be provided to ensure CEQA defensibility of the
documents and processing. Nicole Vermilion served astheproject managerforthe Puente Hills IMF EIR in the City of
Industry.
JoAnn Hadfield, Director, Environmental Services, will provide quality control and project oversight. JoAnn has over 25
years environmental planning experience and a background in urban planning and civil engineering. She is a
recognized CEQA expert and a frequent instructor for CEQA training courses.
Tin Cheung, Senior Scientist, will have primary responsibility for review of the air quality, noise, and vibration technical
analysis. Tin Cheung has over 16 years of experience with complex air quality and noise analyses.
James Bahng, Senior Scientist, will have primary responsibility for review of the hazards, water quality, odor, and
health risk assessment. James Bahng has over 10 years of experience with all aspects of environmental, health, and
safety management.
Dennis Pascua, PTE, Traffic Engineer, Arch Beach Consulting, will have primary responsibility for review of the traffic
analysis.
SCOPE OF WORK;
The scope of services will include the following:
TASK 1 — GENERAL THIRD -PARTY REVIEW OF THE ATHENS MRF/TS EIR.
Prior to review of the Athens MRF/TS, The Planning Center will consult with the City of Baldwin Park to assess the
concerns the City has on the proposed Athens MRF /RS. After this initial consultation, The Planning Center will conduct
a Third -Party Review of the Athens MRF/TS EIR for legal and technical adequacy, with particular attention paid to the
project description, EIR process, scoping with responsible agencies, and alternatives. in addition, an initial review ofair
quality (including greenhouse gas emissions), odor, hazards and 'hazardous materials, heath risk, water quality, traffic,
June 8, 2009
Page 3
and land use and planning (for compatibility) will be conducted. The Planning Center will prepare a letter
summarizing our initial review findings and recommendations, including whether additional review of the technical
studies may be warranted. This initial letter summarizing ou r review findings and recommendations will be prepared
within a week after the release of the Draft EIR in order to determine if a more detailed review may be warranted.
After submittal of our initial letter summarizing our review findings and recommendation, The Planning Center will
conduct a more detailed review of the Draft EIR and any Optional Tasks listed in Task 2 below. The Planning Center
will then compile a complete review of recommendations from all members of the project team. The Planning Center
will prepare a letter summarizing our review findings and recommendations that can be incorporated into the City's
comment letter on the Athens MRF/TS EIR. Compilation of the final review of recommendations is anticipated to be
prepared within four weeks.
TASK 2 — FOCUSED REVIEW OF TECHNICAL STUDIES FOR THE ATHENS MRF/TS EIR — OPTIONAL TASK
Upon completion of our initial review of the Draft EIR and upon consultation with the City, if desired, The Planning
Center will conduct more detailed individual Third -Party Review of the Athens MRF/TS EIR technical studies, as follows:
• Task 2.1 — Air Quality Technical Study
• Task 2.2 — Health Risk Assessment
• Task 2.3 — Odor Assessment
• Task �. — lNoise and Vibration technical Study
• Task 2.5 —Traffic Impact Assessment
• Task 2.6 — Hazardous N/iateriais /Environmental Site Assessment
• Task 2.7 — Water Quality Assessment
A separate cost estimate is provided for each of the individual reviews bf the technical studies in Table 1 below.
TASK 3 - ATTENDANCE AT PUBLIC HEARING(S) — OPTIONAL TASK
At the request of the City of Baldwin Park, The Planning Center will attend public hearings conducted by the City of
Irwindale. The cost per meeting attendance is included in the cost estimate in Table 1.
TASK 4 — MANAGEMENT AND COORDINATION
The Planning Center's project manager will be the key contact for the City and will be responsible for (1) task
scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2)
management and coordination of contract administration and accounting; and (3) coordination and communications
with the City to ensure consistency with applicable policies and procedures.
SCHEDULE AND COST ESTIMATE
SCHEDULE
The initial letter summarizing our review findings and recommendations of the Athens MRF/TS EIR will be completed
within one week of authorization to review the Draft EIR for the project. The final letter summarizing our final review
findings and recommendations will be completed within four weeks, to account for additional time to review
technical modeling data., I
COST ESTIMATE
As shown in Table 1, our estimated cost for this project, including reimbursables is(i 3,153 (ecluding Optional L
Tasks). The attached spreadsheet provides the hourly rates of the staff proposed for 1(his proy"ctr'oased on the 2009
Standard Billing Rates. t,_ -,�'
June 8, 2009
Page 4
Table 1. Coast Estimate
TASK
COST
Task 1 Review of the Athens MRF/TS EIR'
$i 1,395
Task 2. Review of the Athens MRF/TS EIR Technical Studies — Optional Task
Task 2.1 — Air Quality Technical Study
Task 2.2 — Health Risk Assessment
Task 23 — Odor Assessment
Task 2.4 — Noise and Vibration Technical Study
Task 2.5 — Traffic Impact Analysis'
Task 2.6 — Hazardous Materials /Environmental Site Assessment
Task 2.7 — Water Quality Assessment
Total all Sub -Tasks
$ 1,120
$1,240
$1,240
$1, 120
$4,050
$620
$620
$10,010
Task 3. Attendance at Public Hearings (Cost Per Hearing) — Optiona I Task
$460
Task 4. Project Management and Administration
$920
Labor Subtotal' (Excludes Optional Tasks)
$12,315
Reimbursabies Subtotal'
$388
xf t Tldlrri�r%(pt "iodli as z w G
P 123
#D
Includes a 12.59/ markup for subconsuitant fees.
The reimbursables budget is an estimate only and will be billed at cost plus 12.5%.
ACKNOWLEDGMENT
This proposal shall remain valid for a period of 90 days from the time of submittal. Asa Director, I am authorized to
bind The Planning Center to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. If you have any
questions regarding the contents of this proposal, please feel free to contact Nicole Vermilion
(nvermilion@planningcenter.com) orJoAnn Hadfield '(jhadfield (!-2Dplanningcenter.com) at 714.966.9220.
Respectfully submitted,
THE PLANNING CENTER
JoAnn C. Hadfield
Director, Environmental Services
� ♦ a
THIS AGREEMENT is made and entered into this 5th day of August, 2009 by and
between the City of Baldwin Park, ("City"), and Environmental Science Associates (ESA)
(Consultant ").
In consideration of the following mutual covenants, provisions and agreements, and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City
and Consultant agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this
Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to
and incorporated into this Agreement as Exhibit "A."
2. COMPENSATION. City shall pay for the services performed by Consultant
pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of
Compensatinn" attached to and incorporated into this Agreement as Exhihit "B."
3. TIME FOR PERFORMANCE. Consultant shall perform the services above
described in a timely manner in accordance with the deadlines established pursuant to the
California Environmental Quality Act (CEQA) for public review periods of Draft Environmental
Impact reports. The public review period for the Draft Environmental Impact report will be a
minimum of forty -five (45) days, however may be extended to sixty (60) days pursuant to a
decision by the Lead Agency, the City of Irwindale. Time is of the essence in the performance
of this Agreement. All services to be performed by Consultant shall be in a timely manner.
4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received
from City and make them accessible for audit or examination for a period of three years after
final payments are issued and other pending matters.
5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel,
equipment and material, at its sole expense, in order to perform the services required of it
pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed,
for all purposes, an independent contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar services to be performed
for other entities while under contract with City. Consultant is not an agent or employee of City,
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Consultant shall be responsible to pay and hold City harmless from
any and all payroll and other taxes and interest thereon and penalties, therefore, which may
become due as a result of services performed hereunder.
6. ASSIGNMENT. This Agreement is for the specific services with Consultant as
set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement
without written approval of City is prohibited and shall be null and void; except that Consultant
may assign payments due under this Agreement to a financial institution.
7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided herein.
Consultant Services Agreement Page 2 of 5
8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance
with the applicable laws and regulations of all governmental agencies that are in force at the
time services are performed. Consultant shall be responsible for becoming aware of and
staying abreast of all such laws and ensuring that all services provided hereunder conform with
such laws. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials,
officers, and employees against any and all actions, claims, damages, liabilities, losses or
expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys'
fees, whether or not suit is actually filed, and any judgment rendered against City and /or its
officials, officers, or employees that may be asserted or claimed by any person, firm, or entity
arising out of Consultants' negligent performance, or the negligent performance of its agents,
employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant,
it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not
apply if there is concurrent passive or active negligence on the part of City, or its officials,
officers, agents or employees.
10. INSURANCE. Consultant shall maintain insurance coverage in accordance with
the following during the course of its performance hereunder:
(A) Comprehensive General Liability Insurance (including premises and
operations, contractual liability, personal injury and independent Consultants'
liability) with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and
(2) Property Damage -- $1,000,000, single limit, per occurrence; or
(3) Combined single limits -- $2,000,000.
(B) Comprehensive Automobile Liability Insurance including as applicable
own, hired and non -owned automobiles with the following minimum limits of
liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and
(2) Property Damage -- $1,000,000, single limit, per occurrence; or
(3) Combined single limits -- $2,000,000.
(C) Professional Liability Insurance with annual aggregates of $1,000,000 or
such other amount as may be approved in writing by the City.
(D) Worker's Compensation Insurance that complies with the minimum statutory
requirements of the State of California.
(E) Prior to commencement of services hereunder, Consultant shall provide City
with a certificate of Insurance reflecting the above, and an endorsement for
each policy of insurance which shall provide:
(1) the City, and its officials, officers, agents and employees are named
as additional insured (with the exception of Professional Liability and
Worker's Compensation);
(2) the coverage provided shall be primary (with the exception of
Professional Liability and Worker's Compensation) as respects to
City, its officials, officers, agents or employees; moreover, any
insurance or self- insurance maintained by City or its officials, officers,
Consultant Services Aareement
Paae 3 of 5
agents or employees shall be in excess of Consultants' insurance and
not contributed with it.
(3) the insurer shall provide at least thirty (30) days prior written notice to
City of cancellation or of any material change in coverage before such
change or cancellation becomes effective.
(F) With respect to Workers' Compensation Insurance, the insurer shall agree to
waive all rights of subrogation against City and City personnel for losses
arising from work performed by Consultant for City, and the insurer's
agreement in this regard shall be reflected in the Workers' Compensation
Insurance endorsement.
11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared
pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the
property of City. City's ownership of documents includes any and all analysis, computations,
plans, correspondence and /or other pertinent data, information, documents, and computer
media, including disks and other materials gathered or prepared by Consultant in performance
of this Agreement. Such work rnrnrii int shall be transmitter) to City within ten (10) days after a
written request therefore. Consultant may retain copies of such products. Any re -use by City
shall be at the sole risk of City and without liability to Consultant.
12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement. City shall have
free access at all reasonable times to such records, and the right to examine and audit the
same and to make transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and
telephone numbers for emergency contact after normal business hours.
13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a
complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by
the Internal Revenue Service.
14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential
conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall
comply with all applicable federal, state and county laws and regulations governing conflict of
interest.
15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee of any
governmental agency or body or member of Congress in connection with the awarding of any
federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the
election of candidates for public office during time compensated under the representation that
such activity is being performed as a part of this Agreement.
16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sole discretion, with thirty (30) days written notice.
17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of
this Agreement, City shall be liable to Consultant only for work performed by Consultant up to
and including the date of termination of this Agreement, unless the termination is for cause, in
which event Consultant need be compensated only to the extent required by law. Consultant
Consultant Services Agreement Page 4 of 5
shall be entitled to payment for work satisfactorily completed to date, based on proration of the
compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's
receipt of a close -out billing.
18. LITIGATION FEES. Should litigation arise out of this Agreement for the
performance thereof, the court shall award costs and expenses, including reasonable attorney's
fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any
court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid
and /or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable
and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles
County. This paragraph shall not apply and litigation fees shall not be awarded based on an
order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or
mediation of the dispute.
19. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a covenant and a
condition.
20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the City and Consultant. No verbal agreement or implied covenant shall be held to
vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or otherwise affected,
except by a written amendment signed by all parties.
21. DESIGNATED REPRESENTATIVES. The Consultant Representative (A)
designated below shall be responsible for job performance, negotiations, contractual matters,
and coordination with the City. The City Representative (B) designated below shall act on the
City's behalf as Project Manager.
(A) CONSULTANT
Environmental Science Associates (ESA)
707 Wilshire Boulevard Suite #707
Los Angeles, CA 90017
Attention: Deborah Kirtman, Proiect Director
(B) City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
Attention: Amy L. Harbin, City Planner
22. NOTICES. Notices pursuant to this Agreement shall be in writing and may be
given by personal delivery or by mail. Notices shall be directed to City's Designated
Representative identified in Paragraph "21" of this Agreement.
Consultant Services Agreement
5 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
ATTEST:
Laura M. Nieto, CMC Deputy City Clerk
CITY OF BALDWIN PARK
By:
Vijay Singhal, Chief Executive Officer
Dated:
CONSULTANT: Environmental Science
Associates (ESA)
By:
Name:
Dated: -7 -'24t "v`5
Title:— L) , P, I
Address: j7J-)W--. 4�:3eo
Telephone: LJL>S-
� /JJ1St
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1r .: wq
CITY OF BALDWIN PARK
AUG ® 5 2009
Consen 41 grid ar in
TO: Honorable Mayor and City Council Members
k
FROM: Lili Hadsell, Chief of Police
DATE: August 5, 2009 ;
SUBJECT: RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES FOR PROVIDING SCHOOL CROSSING GUARD
SERVICES FOR FISCAL YEAR 2009/2010
PURPOSE
This report seeks City Council approval for the police department to continue a contractual
agreement, with the listed amendments, with All City Management Services (ACMS). The
agreement is for the continued administration of school crossing guard services.
BACKGROUND
The City of Baldwin Park has been receiving crossing guard services through a contractual
agreement with All City Management Services since FY 2005 -2006. The current contract
expires on June 30, 2009.
All City Management Services has maintained a high level of service based on staff
interaction with school district staff, parents, the crossing guard supervisor, and crossing
guards. Staff has also observed crossing guards on duty.
The amendments to the agreement are an increase of hourly wage from $12.12 per hour to
$12.66 for guard service provided for the twenty (20) locations, as determined by the Police
Department. There has not been an increase in the agreement since FY 2007/2008.
The cost of providing this service is not to exceed $182,304.00 for the term of the
agreement. This agreement will expire on June 30, 2010. The city attorney has approved this
contract as to form and content.
FISCAL IMPACT
Funding for this agreement has already been approved in the FY 09/10 budget. There will be
no additional impact to the general fund.
This line item is in Cost Center 100.30.35.51100.13200.2.
h i t " „ 2, 0, ,.
9
is f
RECOMMENDATION
Staff recommends City Council:
1. Approve the FY 09/10 contract with All City Management Services for crossing guard
services.
2. Authorize the Mayor to execute the agreement to continue contract services with All City
Management Services.
ATTACHMENT
• Amendment to agreement with All City Management Services for crossing guard
services (two copies).
June 17, 2009
Lieutenant David Reynoso
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 9] 706
Dear Lieutenant Reynoso:
It is once again that time of the year when many agencies are formulating their budgets
for the corning fiscal year. To that end we would like to confirm our interest in
continuing to provide Crossing Guard Services and propose our pricing for the coming
2009 -2010 fiscal year.
Over the past two years we have experienced cost increases in almost every faucet of our
operations. While we absorbed these cost increases last year, the demands of the coming
fiscal year requires that we adjust our billing rate to keep pace with these costs.
As such, we must appeal for a 4.5% adjustment in our billing rate. This would increase
the current billing rate of $12.12 to Twelve Dollars and Sixty -Six cents ($12.66) per
hour. While I understand this increase is untimely for some agencies it will assure you of
stable pricing for the subsequent fiscal year.
We remain committed to providing a safe, cost - effective and professional School
Crossing Guard Program for City of Baldwin Park.
We have taken the liberty of forwarding two (2) partially executed Amendments to our
contract with the City of Baldwin Park. After the necessary signatures have been affixed,
please send us an original for our records.
If you have any questions or need additional information please contact me at (800) 540-
9290. Take care.
"T "te 0- offing Gward company",
1749 S. La Cienega Blvd. ® Los Angeles, CA 90035 ® 310- 202 -8284 ® 800 - 540 -9290 ® FAX 31.0 -202 -8325
• P'Y 1� � • � 1• Jl � ..� L , 1 { L
Amendment to Agreement between
All City Management Services, Inc. and the City of Baldwin Park
for providing School Crossing Guard Services
The City of Baldwin Park hereinafter referred to as the "City ", and All City
Management Services, Inc., located at 1749 S. La Cienega Blvd., Los Angeles, CA
90035, hereinafter referred to as the "Contractor ", mutually agree to amend the existing
Agreement entered into on September 21,2005 as follows:
Item #1 The City and the Contractor agree to extend the term of this
Agreement for the 2009 - 2010 fiscal year beginning July 1, 2009
thru June 30, 2010.
Item #16 The City agrees to pay Contractor for services rendered pursuant to
the Agreement the sum of Twelve Dollars and Sixty -Six Cents,
($12.66) per hour of guard service provided. It is understood that
the cost of providing Fourteen Thousand and Four hundred
(14,400) hours of service shall not exceed One - Hundred and
Eighty -Two Thousand, Three Hundred and Four Dollars,
($182,304.00). The Contractor will invoice the City for services bi-
weekly.
Except as provided for in Item #1 and Item #16, all other terms and conditions of the
original Agreement and Amendments thereto between the City and the Contractor
remain in effect.
City of Baldwin Park
2
Signature
Print Name and Title
Date
Attest:
City Clerk /Deputy
II City Management Services, Inc.
Demetr� Farwoll, Corporate Secretary
Date June 17 2009
P A, R • K
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
f
DATE: August 5, 2009 4
SUBJECT: RESOLUTION NO. 2009 -035 AUTHORIZING THE EXECUTION OF A
MASTER AGREEMENT AND PROGRAM SUPPLEMENTS FOR
FEDERALLY FUNDED PROJECTS
The purpose of this report is to present to the City Council a Master Agreement
between Caltr ai Is and the City of Baldwin Park covering federally funded projects, and
which is herein provided for City Council review and consideration.
BACKGROUND
The Master Agreement (MA) for Federally Funded Projects is a contract between the
Department of Transportation (Caltrans) and a local agency (Recipient — City of Baldwin
Park) who will receive funds for projects from the following federal funding sources:
0 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)
O Surface Transportation Program (STP)
71 Congestion Mitigation and Air Quality Improvement Program (CMAQ)
® Transportation Enhancement Program (TE)
O Highway Safety Improvement Program (HSIP)
• Highway Bridge Program (HBP)
• Other Subsequent Transportation Authorization Bills
The MA contains the legal and contract - related language specific to the individual
Recipient. The MA covers all transportation related funds throughout its term. The
typical term for the MA is ten years, and the last time a MA was approved by the City
Council was in October 1997. A new agreement is required so that we may begin
receiving reimbursements on our federally funded projects.
Specific technical information regarding each individual transportation project (including
a detailed cost, scope and schedule, etc.) would be contained in a Program
Supplement (PS) which is developed and customized for each project. The MA
together with the PS combine to define the Federal- State -Local Agency relationship on
federally funded projects.
Resolution No. 2009 -035, Master Agreement for Federal Aid Projects Page 2 of 2
August 5, 2009
DISCUSSION
The City has been awarded $1.414 million for the Francisquito Rehabiltation, $0.95
million for the Ramona Roadway Preservation Phase A (605 to Francsiquito), and $1.43
million for Ramona Roadway Preservation Phase B ( Francsiquito to Merced). Each of
these projects also requires a separate PS.
Staff therefore recommends that the City Council approve a new Master Agreement
and authorize the Chief Executive Officer to approve Program Supplements as they
materialize for each new project. Three Program Supplements are ready for full
execution and are required to initiate reimbursements. The first project we will receive
federal reimbursement is for the Francisquito Rehabilitation Project which is nearly
complete.
FISCAL IMPACT
There is no fiscal impact related to the execution of the Master Agreement. Fiscal
impacts will be reported by staff to the City Council when individual projects are initiated
as required by the Citv's procurement policies. Although the resolution as presented to
the City Council authorizes the Chief Executive Officer to execute PS's on behalf of the
City, the City's procurement policies ensures that the City Council is kept abreast of all
potential, proposed, and actual expenditures for design and /or construction activities,
and any other activities requiring expenditures.
RECOMMENDATION
It is recommended that the City Council waive further reading, read by title only, and
adopt Resolution No. 2009 -035 "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
MASTER AGREEMENT AND PROGRAM SUPPLEMENTS FOR FEDERALLY -
FUNDED PROJECTS."
EXHIBITS
A. Resolution No. 2009 -035
B. Master Agreement 07 -53238
RESOLUTION NO. 2009 -035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AUTHORIZING THE EXECUTION
OF A MASTER AGREEMENT AND PROGRAM SUPPLEMENTS
FOR FEDERALLY - FUNDED PROJECTS
WHEREAS, the City of Baldwin Park is eligible to receive federal funding for
transportation improvements; and
WHEREAS, the Federal and State
funding process for transportation projects,
Agreement; and
Agencies revised the programming and
which are incorporated into a new Master
WHEREAS, the statutes related to federally- funded transportation projects
require a local or regional implementing agency to execute an agreement with the
sponsoring State before it can reimburse project expenditures; and
WHEREAS, the Department utilizes Master Agreements for Federally- Funded
Projects, along with associated Program Supplements, for the purpose of administering
and reimbursing federal transportation funds to local agencies; and
WHEREAS, the City of Baldwin Park wishes to delegate authority to execute
these Program Supplements and any amendments thereto to the Chief Executive
Officer.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the City of Baldwin Park agrees to comply with all conditions
and requirements set forth in the Master Agreement and applicable statutes,
regulations, and guidelines for all federally- funded transportation projects.
SECTION 3. That the Mayor and City Council approves the Master Agreement
which is effective July 1, 2009 to June 30, 2019, and all Program Supplements and any
amendments thereto, for Federally- Funded Projects.
SECTION 4. That the Chief Executive Officer be authorized to execute the
Program Supplements and any amendments thereto for Federally- Funded Projects.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 5th day of August 2009.
MANUELLOZANO
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 No. 2009-035 was duly adopted by the City Council of the City
of Baldwin Park at a regular meeting thereof held on 'August 5, 2009 and that the same
was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CMC
DEPUTY CITY CLERK
IVIAb I th A(jHtt1V1t1\A I
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS
07 City of Baldwin Park
------------------------------------
District Administering Agency
Agreement No. 07-5323R
This AGREEMENT, is entered into effective this day of , 2008, by and
between the City of Baldwin Park, hereinafter referred to as "ADMINISTERING AGENCY," and
the State of California, acting by and through its Department of Transportation (Caltrans),
hereinafter referred to as "STATE, and together referred to as "PARTIES" or individually as a
"PARTY."
RECITALS:
1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act %. STPA\ of 1991 and SU k0eqU ent Transportation Authorization B
I
to fund transportation programs. -These transportation programs include, but are not limited to, the
Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement
Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS"); and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
federal-aid funds may be made available for use on local transportation related projects of public
entities qualified to act as recipients of these federal-aid funds in accordance with the intent of
federal law; and
3. WHEREAS, before federal-funds will be made available for a specific program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish
terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds
for a designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1 of 26
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project-specific Program Supplement to this AGREEMENT for federal-aid projects,
hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE
and ADMINISTERING AGENCY.
2. The term "PROJECT", as used herein, means that authorized transportation related project and
related activities financed in part with federal-aid funds as more fully-described in an
"Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to
as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway
Administration (FHWA).
3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type
of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been
initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT
rl. - -1 1 �, - L-1 V I
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future authorizations/obligations and invoice payments for any on-going or future federal-aid
project performed by ADMINISTERING AGENCY if any project-specific PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
7. Federal, State and matching funds will not participate in PROJECT work performed in advance
of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project-
specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed
with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD).
ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to
receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are
Page 2 of 26
neecieci or tor tnose tuture pnase(s).
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the
"Request for Authorization".
9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures Manual and the Local Assistance
Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES")
relating to the federal-aid program, all Title 23 federal requirements, and all applicable federal
laws, regulations, and policy and procedural or instructional memoranda, unless otherwise
specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in
accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design
standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects
off the National Highway System (NHS) allow STATE to accept either the STATE's minimum
statewide design standards or the approved geometric design standards of ADMINISTERING
AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-
approved standard specifications, standard plans, materials sampling and testing quality
assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE
PROCEDURES.
11. If PROJECT involves work within or partially within STATE-owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and Highway Design Manual and where
appropriate, an executed cooperative agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit
through STATE prior to commencing any work within STATE rights of way or work which affects
STATE facilities.
12. When PROJECT is not on the State Highway System but includes work to be performed by a
railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by
STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall
enter into an agreement with the railroad providing for future maintenance of protective devices or
other facilities installed under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of the State
Architect, or its designee, shall review the contract PS&E for the construction of buildings,
structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING
AGENCY shall not award a PROJECT construction contract for these types of improvements until
the State Architect has issued written approval stating that the PROJECT plans and specifications
comply with the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the California Code of
Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance
with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed
Page 3 of 26
P10Je(;L-bPe(;11K; rNUUM/AlVI OUrrLCIVICN 1.
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for
PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a
full-time employee to be in responsible charge of each PROJECT.
16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to
STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of
the award documents shall also be included with the submittal of the first invoice for a construction
contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting
Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274-
0001.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred
eighty(180) days of project completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE
PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973
which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the
Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of
disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant
to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor
of the State of California, each within their respective jurisdictions, have prescribed certain
nondiscrimination requirements with respect to contract and other work financed with public funds.
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT
PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION
ASSURANCES (Exhibit B attached hereto), ADMINISTERING AGENCY further agrees that any
agreement entered into by ADMINISTERING AGENCY with a third party for performance of
PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing
ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third
party as verified by ADMINISTERING AGENCY.
Page 4 of 26
ARTICLE 11 - RIGHTS OF WAY
1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be available by the
time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right of way for a PROJECT, including, but not limited to, being
clear as certified or if said right of way is found to contain hazardous materials requiring treatment
or removal to remediate in accordance with Federal and State laws. The furnishing of right of way
as provided for herein includes, in addition to all real property required for the PROJECT, title free
and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by
applicable law, of relocation costs and damages to remainder real property not actually taken but
injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non-
matching funds, any costs which arise out of delays to the construction of PROJECT because
utility facilities have not been timely removed or relocated, or because rights of way were not
available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures
incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT,
said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable
State and Federal laws and regulations, in accordance with State procedures as published in
State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual,
subject to STATE oversight to ensure that the completed work is acceptable under the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, relocation payments and services will be provided as set
forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent practicable, no person lawfully
occupying real property shall be required to move from his/her dwelling or to move his/her
business or farm operation without at least ninety (90) days written notice from ADMINISTERING
AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each
portion of the PROJECT, that no person will be displaced until comparable decent, safe and
sanitary replacement housing is available within a reasonable period of time prior to displacement,
and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide
Page 5 of 26
orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR,
Part 24.
6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title
in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement
Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances
included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as
appropriate.
�.111
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting
PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership,
liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized
representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of
another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate
maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies
providing for the operation, maintenance, ownership and liability of PROJECT. Until those
agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory to the authorized
representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from
STATE that a PROJECT, or any portion thereof, is not being properly oninrnfinri And maintained
and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the
approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the
PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE
and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated
through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
Page 7 of 26
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California Transportation Commission (CTC).
2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this
AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of
each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement
of participating PROJECT costs on a monthly or quarterly progress basis once the project-specific
PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six
(6) months commencing after the funds are encumbered on either the project-specific PROGRAM
SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves
the right to suspend future authorizations/obligations, and invoice payments for any on-going or
future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been
invoiced by ADMINISTERING AGENCY for a six (6) month period
5, Invoices shall he Qi ihmitted on ADMINISTERING AGENCY letterhead thnti-11 includes address
.- -- _ - 1 -1 - I �� I ��CAU MUL 111%.AUUV0 the
of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
6. Invoices must have at least one copy of supporting backup documentation for costs incurred
and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup
documentation includes, but is not limited to, agency's progress payment to the contractors,
copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of
actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related
documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review
and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred
within each fiscal year being claimed for federal reimbursement.
9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess
Federal Funds from the construction phase of PROJECT if the contract award amount is less than
the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT,
Page 8 of 26
11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES hereto with a
finance letter, a detailed estimate, if required, and approved E -76 (AMOD). Federal -aid funding
may be increased to cover PROJECT cost increases only if such funds are available and FHWA
concurs with that increase.
12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that
the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific
E -76 / E -76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY's own funds.
13. ADMINISTERING AGENCY shall use its own non - Federal Funds to finance the local share of
eligible costs and all expenditures or contract items ruled ineligible for financing with Federal
Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for
federal fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program (STIP)
are subiect to the timely use of funds provisions enacted bs Senate Bill 45, approved in 1997, and
subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7)
years from the beginning of the State fiscal year the funds were appropriated in the State Budget.
State funds encumbered for PROJECT are available for liquidation only for five (5) years from the
beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or
state funds not liquidated within these periods will be reverted unless an Cooperative Work
Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California
Department of Finance (per Government Code section 16304). The exact date of fund reversion
will be reflected in the STATE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT- related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid
rank and file STATE employees under current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on
demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB)
Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
Page 9 of 26
19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will
be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allowability of individual PROJECT cost items and (b) those parties shall comply with federal
administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments. Every
sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this
AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR,
Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY
to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty
30 days of demand, or within such other period as may be agreed in writing between the
PARTIES hereto, STATE is authorized to intercept and withhold future payments due
ADMINISTERING AGENCY from STATE or any third-party source, including but not limited to,
the State Treasurer, the State Controller and the CTC.
21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete
PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of
demand, or within such other period as may be agreed to in writing between the PARTIES,
STATE, acting through the State Controller, the State Treasurer, or any other public entity or
agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to
STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the
Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future
ADMINISTERING AGENCY federal -aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
Page 10 of 26
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees,
and shall require its contractors and subcontractors to agree, to cooperate with STATE by making
all appropriate and relevant PROJECT records available for audit and copying as required by
paragraph three (3) of ARTICLE V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred PROJECT costs
and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING
AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting
Principles, enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. For the purpose of determining compliance with Title 21, California Code of Regulations,
Chapter 21, section 2500 et seq., when applicable, and other matters connected with the
performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING
AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each
maintain and make available for inspection and audit all books, documents, papers, accounting
records, and other evidence pertaining to the performance of such contracts, including, but not
limited to, the costs of administering those various contracts. All of the above referenced parties
shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their
respective offices at all reasonable times during the entire PROJECT period and for three (3)
years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM
SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States, shall each have access to any books, records, and documents that
are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and
ADMINISTERING AGENCY shall furnish copies thereof if requested.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act
of OMB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal
year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the
Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY's annual audit and in the schedule of projects to be examined under its single audit
prepared in accordance with OMB Circular A-133.
6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other
contracts over $25,000 (excluding professional service contracts of the type which are required to
be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the prior
written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as
local match credit, must meet the requirements set forth in this AGREEMENT regarding local
match funds.
Page 11 of 26
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall
mandate that travel and per diem reimbursements and third -party contract reimbursements to
subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid
for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre -award requirements of third -party contractor /consultants with
ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.
Page 12 of 26
ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the
signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of
ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or
employee of any STATE or federal agency, a member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of
the Legislature or Congress in connection with the awarding of any STATE or federal contract,
including this AGREEMENT, the making of any STATE or federal loan, the entering into of any
cooperative contract, and the extension, continuation, renewal, amendment, or modification of any
STATE or federal contract, grant, loan, or cooperative contract.
B. 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 federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with this AGREEMENT, grant, local, or cooperative contract,
ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to
Rep Lobbying," in accordance with the form instructions.
C. This certification is a material renrP_qPntqfinn of fact Unnn which reliance IAI.S placed -hen this
AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.
Submission of this certification is a prerequisite for making or entering into this AGREEMENT
imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this
certification will be included in all lower tier sub-agreements which exceed $100,000 and that all
such sub-recipients shall certify and disclose accordingly.
Page 13 of 26
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and the relevant Federal Regulations.
2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE or the federal government.
4. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under the AGREEMENT. No federal or state
funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals
are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING
AGENCY agrees that it will notify STATE immediately in the event a Siicnnncinn or a deknrr-^^r-%+
y W1 debarment
I iul IL
occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the work actually performed, or in STATE's discretion, to deduct from the
price of consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in
the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of PROJECT under this
Page 14 of 26
10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to
deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such
rebate, kickback, or other unlawful consideration,
11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract
Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT.
13, Neither ADMINISTERING AGEN(Ynr)rnnx/nffirlaroremployinnthornr%fi responsible y ___ -- �s,� Hwil 11
injury, damage or liability occurring by reason of anything done or omitted to be done by, under or
in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including, but not limited to, tortuous,
contractual, inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGENCY under, or in connection with, any work, authority or jurisdiction arising under this
AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not limited to,
tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by ADMINISTERING AGENCY under this
AGREEMENT.
15. STATE reserves the right to terminate funding for any PROJECT upon written notice to
ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with
PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding
requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or
PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is
significantly endangered.
Page 15 of 26
16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably
susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds
thereafter to complete the cure in a manner and time line acceptable to STATE. Any such
termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of
Termination, which notice shall become effective not less than thirty (30) days after receipt,
specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT is terminated and the date upon which such termination becomes effective, if
beyond thirty (30) days after receipt. During the period before the effective termination date,
ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event
of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by
STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE
shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the
PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided,
however, ADMINISTERING AGENCY is not in default of the terms and conditions of this
AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT
completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-
specific PROGRAM SUPPLEMENT the tcarmcz stated in that PROGRAM Q1 IDDI r-:hAr-:r\[T shall
I L�Ivl M C-L
prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA City of Baldwin Park
DEPARTMENT OF TRANSPORTATION
M
Chief, Office of Project Implementation
Division of Local Assistance
EM
Page 16 of 26
go
City of Baldwin Park
Representative Name & Title
(Authorized Governing Body Representative)
Date
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or
national origin, physical disability, medical condition, marital status, political affiliation, family and
medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take
affirmative action to ensure that employees are treated during employment without regard to their
race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical
condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or
disability leave. Such action shall include, but not be limited to, the following: employment;
upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
ADMINISTERING AGENCY shall post in conspicuous places, available to employees for
employment, notices to be provided by STATE setting forth the provisions of this Fair Employment
section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.),
and the applicable regulations promulgated thereunder ((,q1ifnrnia code of Regulations, Title 9
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING
AGENCY'S contractors and all subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other
agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code Section 1426
which has become final or has obtained an injunction under Labor Code Section 1429.
Page 17 of 26
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
Page 18 of 26
I
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, "Nondiscrimination in Federally - Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as
the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which ADMINISTERING AGENCY receives
federal financial assistance from the Federal Department of Transportation. ADMINISTERING
AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take
any measures necessary to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY
hereby gives the following specific assurances with respect to its federal-aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in
subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program")
conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids
for work or material subject to the REGULATIONS made in connection with the federal-aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any
agreement entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, national origin, religion, age, or disability in
consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in
every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with
the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
Page 19 of 26
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a
facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for
the acquisition, of real property or an interest in real property, the Assurance shall extend to rights
to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C
and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid
Program; and
0..- . M
(b) for the construction or use of or access to space on, over, or under real property acquired, or
improved inner the fpciinmi-nisi Prr)nrqm
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal
financial assistance is extended to the program, except where the federal financial assistance is to
provide, or is in the form of, personal property or real property or interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the
property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the
program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients,
sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other
participants of federal financial assistance under such program will comply with all requirements
imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
Page 20 of 26
11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability,
color, national origin or sex in the award and performance of any STATE assisted contract or in
the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING
AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and administration of STATE assisted contracts. ADMINISTERING
AGENCY'S DBE Race-Neutral Implementation Agreement is incorporated by reference in this
AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved DBE Race-Neutral Implementation Agreement, STATE may
impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985
(31 USC 3801 es seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all
federal grants, loans, agreements, property, discounts or other federal financial assistance
extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.
Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients,
subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants
in the federal-aid Highway Program,
Page 21 of 26
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY)
agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during
the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub-applicants, including procurements
of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,
including employment practices when the agreement covers a program set forth in Appendix B of
the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitatinn.-, Pithtnr by noMnpfifivp hiridinn nr n�nnntintinn made by ADMINISTERING AG' EI\.1CY. fnr
I - Z, — ... 1w,
work to be performed under a Sub-agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING
AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the
REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports
required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its
facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with
such REGULATIONS or directives. Where any information required of ADMINISTERING
AGENCY is in the exclusive possession of another who fails or refuses to furnish this information,
ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set
forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance
with the nondiscrimination provisions of this agreement, STATE shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
Page 22 of 26
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials and
leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or
procurement as STATE or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY
becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of
such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to
protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the
United States to enter into such litigation to protect the interests of the United States.
��l
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United
States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of federal-aid for Highways and the policies and procedures prescribed by the
Federal Highway Administration of the Department of Transportation and, also in accordance with
and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 20004 to 20004 -4), does hereby remise,
release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest
of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached
hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and
its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures, are used for a purnn.-,,- fnr which federal financial n.q.qi.qtqnr'.e is extended or
for another purpose involving the provision of similar services or benefits and shall be binding on
ADMINISTERING AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said
,land, and the above-described land and facilities shall thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
Page 24 of 26
necessary in orcier to effectuate tne purposes of i itie vi of tne uivii H1gntS Act OT 1 Ub4.
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance
7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add "as covenant running with the
land") that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 25 of 26
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the
land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be
excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the ground of race, color, sex, national origin, religion, age or
disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination; and
(.q) that \"/ the (grantee, Hcen Se in, lessee, nnrmittee, e+c.,\
F 11111 L I Shall u0se + t he premises in compliance with
the Regulations.
(include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(include in deeds)`
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 26 of 26
2009
CITY OF BALDW/N PARK STAFF REPORT
�� NO.
B_ALDWI_N_
P A, R, K
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and Community Servic `'
DATE: August 5, 2009
SUBJECT: APPROVAL TO ADOPT AND ADHERE TO THE LOS ANGELES
COUNTY GREEN RESOLUTION, RESOLUTION NO. 2009 -032,
CREATION OF AND ACCESSIBILITY TO REGION -WIDE
PASSIVE /ACTIVE GREEN SPACE AND CONNECTORS
The purpose of this report is to request City Council approval to sign and adhere to the
Green Resolution: Creation of and Accessibility to Region -Wide Passive /Active Green
Space and Connectors Resolution No. 2009 -032.
Environmental stewardship and sustainability are at the forefront of all public and private
agencies in an effort to create eco friendly practices. The need for conservation, recycling
and increased green space have ignited a citywide campaign, entitled THINK GREEN in
Baldwin Park. The City of Baldwin Park has collaboratively gathered together to support
the objectives of a comprehensive Green Resolution. This resolution provides direction for
local access to "Regional Green Space and Connectors" through redevelopment and /or
enhancement of existing or the creation of new green space.
DISCUSSION
The Department of Recreation and Community Services has established a comprehensive
THINK GREEN program and campaign, to promote the importance of environmental
sustainability. Several efficiencies and "green" methods have been implemented over the
last year in the Facility Maintenance Division of the Department, including new waterless
urinals (eliminating the use of water in the public restrooms), four (4) CNG vehicles
replacing gas fuel in the Police, Administration and Public Works Departments, three (3)
hybrid vehicles (Toyota Prius) replaced existing fuel vehicles, new marquee at Morgan
Park uses LED lights (reducing energy used by 70 %), vending misers were added to all
vending machines to more efficiently utilize energy, lighting in the Council Chambers and
additional facilities were replaced with T8 lighting, (which uses 110 less watts) and
switching over to "environmentally - friendly" cleaning supplies. All of these changes and
modifications in facility maintenance have reduced energy usage while improving the
quality of services offered by the Department.
Several changes have also been made to internal operations and procedures within the
Department, including the Summer /Fall Recreation Guide, which was printed for the first
time on recycled paper with soy -based ink. In addition, the Department has also made
several city publications available online in English and Spanish. Several other practices
and modifications include:
• Ongoing THINK GREEN article in the Baldwin Park NOW
• Elimination of internal duplicate receipts
• Use of recycled paper and ink for a portion of internal printing
• Department -wide emphasis on recycling
• E- mailed receipts for participants /registrants
o E- mailed rosters to instructors and staff
• Availability of online registration for classes, activities, trips, program and payments
• Compiling of e-mail list for distribution of electronic flyers to the public
• Paperless communication with City Council and Commissioners
In accordance with the Los Angeles County's commitment to green space as well as other
Los Angeles public agencies, staff recommends the City of Baldwin Park to join the effort
to commit to preserving green space and implementing environmentally friendly practices.
Through the adherence of the resolution, the City of Baldwin Park will be in line with the
standards of the Los Angeles County.
FISCAL IMPACT
No fiscal imipact to the general fun d 1;g .g
ceremonial agreement with no fiscal commitment.
and improvements will be secured through the
opportunities and the existing budget.
It is recommended that the City Council:
4-k— —h .+;-- is . n ^n {min,4;m v nnA
Ulu i qUwIuuv11 to a a 1VI I -un luii ly a11u
Funding for various recommendations
process of new or existing grant
1. Authorize Mayor to sign Resolution No. 2009 -032 and any other associated documents
related to this initiative.
Attachment: Resolution No. 2009 -032
RESOLUTION NO. 2009 -032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AUTHORIZING THE ADOPTION AND ADHERENCE TO THE LOS ANGELES
COUNTY GREEN RESOLUTION, CREATION OF AND ACCESSIBILITY TO
REGION -WIDE PASSIVE /ACTIVE GREEN SPACE & CONNECTORS
WHEREAS, the City Council of the City of Baldwin Park residing within Los
Angeles County collaboratively support the objectives of a Green Resolution which
provides the direction for local access to "Regional Green Space and Connectors"
through redevelopment and /or enhancement of existing or the creation of new Green
Space.
WHEREAS, through the acceptance of this Resolution and incorporation of these
principals with its policies and procedures, the quality of life for residents residing within
and outside Los Angeles Region will significantly be improved;
WHEREAS, the City Council of the City of Baldwin Park recognizes that the
primary goal accomplished through passage of the Resolution, would include
Educational, Economical, Social, Cultural, Physical /Mental Health benefits and
improvements to the Ecological and Environmental condition of our Regions
Land /Air /Water;
WHEREAS, the City Council of the City of Baldwin Park recognizes the value of
natural, open park space of the Region as an important component of Green Space
planning; and
WHEREAS, the City Council of the City of Baldwin Park recognizes the value of
active recreational park space of the Region as an important component of Green
Space planning; and
WHEREAS, the City Council of City of Baldwin Park recognizes the value of
passive open park space of the Region as an important component of Green Space
planning; and
WHEREAS, the City Council of the City of Baldwin Park recognizes the value of
"green connectors" comprised of trails, corridors /paseos, urban plazas /streets and
watershed areas and their like, as important components of natural /passive /active green
space planning; and
Resolution No. 2009 -032
Page 2
THEREFORE, BE IT RESOLVED this City Council of the City of Baldwin Park supports
principals that:
• Recognizes the optimum for parkland acreage for park planning as four (4)
acres per 1,000 residents for local parks and six (6) acres per 1,000
residents for regional parks;
• Recognizes pedestrian accessibility to parks to be no further than '/4 mile in
distance;
• Encourages collaboration with other jurisdictions and organizations to build
and support local publicly accessible and regional greenway, watershed and
other viable connections;
• Advocates the inclusion and conservation of Green Space as a standard in
all new development;
• Encourage and develop connections between new and existing Green
Space to create workable communities;
• Supports the education of our elected officials and the general public in
sustainable design;
• Supports the revision of codes and policies to encourage sustainable design;
• Supports multi - jurisdictional and interdisciplinary projects which utilize
multiple funding sources to achieve multiple benefits;
• Supports and encourage projects that will receive Leadership in Energy and
Environmental Design (L.E.E.D.) certification;
• Supports partnerships and strategies for the acquisition and development of
Green Space;
• Addresses the issues associated with environmental justice and equity in the
distribution and access to Green Space in a fair and practical manner.
Examples of Green Space other than parkland provided at four (4) acres /1,000
residents are:
• Green Urban Connecting Paths including "land" bridges
• Paseos
• Green Alleys
• Green Utility Corridors
• Green Parking Lots
• Green Streets including parkway and planted medians
• Publicly Accessible Green Roofs
• Common Green Spaces in New Development
• Quality, visually contiguous natural or similar view shed
Bodies of water and associated riparian habitat
• Joint Use Green Space with Public Agencies (Public Schools, Public
Libraries, etc.) and other Park Jurisdictions
•
Trails
Wildlife Habitat
PASSED, APPROVED AND ADOPTED THIS
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES � ss:
CITY OF BALDWIN PARK
Resolution No. 2009-032
Page 3
DAY OF ', 2009.
MANUELLOZANO
MAYOR
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 its regular meeting of the City Council on
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
LAURA M. NIETO, CMC
DEPUTY CITY CLERK
P , A , R - K
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: August 5, 2009
SUBJECT: NOTICE OF COMPLETION AND PROJECT ACCEPTANCE OF FIRE
DAMAGES REPAIRS TO THE ESTHER SNYDER COMMUNITY CENTER
PURPOSE
The purpose of this report is to provide an overview of the completed work, summarize
the project's budget and final expenditure, and consider the project's acceptance.
In early 2008 during a routine repair by a plumbing contractor, an accidental fire broke
out which caused structural damage to the women's locker room near the recreation
center's swimming pool. After extensive` negotiation with the plumber's insurance, an
amount of $94,950.88 was offered to the City as compensation for fire and water
damage.
in late 2008, staff prepared plans and specification, and Elite Engineering provided
detailed structural drawings for the locker room repairs. The scope of the work
consisted of repairs to the electrical, HVAC, and plumbing systems, and replacement of
damaged tile.
On February 18, 2009, Simgel Company Inc. and was awarded a construction contract
in the amount of $67,720 for the repairs.
DISCUSSION
After execution of the contract and ensuring that all the preliminary documents were
completed and on file, construction repairs began on June 1, 2009. The original
contract was for $67,720. During construction, there were several unforeseen
conditions that the plans did not cover, and which were not apparent to staff or the
contractor. These conditions were revealed during the demolition and removal of walls
and other related items.
Notice of Completion — Ester Snyder Locker Room Repairs Page 2 of 2
August 5, 2009
There was one cost extra requested by the contractor which totaled $3,963, and this
was for adding structural ties to the existing ceiling outside the damage area to ensure
proper support. There were three staff requested cost extras totaling $5,335 to
upgrade lighting fixtures, replace air - conditioning ducts, and to add an improved non-
slip surface. These cost extras added up to $9,297.
There was one major cost item requested by staff to significantly improve the women's
locker room beyond the repair scope. The improvement was to replace all wall tiles in
the entire locker room. The initial quote was for $18,000. Although this was a
competitive cost, staff felt the work could be clone for a lower amount, and this cost was
negotiated down to $11,703. Therefore the total amount expended for construction is
$88,720.
FISCAL IMPACT
There is no impact on the General Fund, The table below summarizes the total funds
available and the total expenditures.
FUNDS AVAILABLE (Allied Insurance Claim Payment) $94,500
PROJIECT EXPEDITURES
Design (Elite) $5,000
Construction $88,720
Contract Amount $67,720
Change Orders $21,000
Construction M mt (by Public Works Staff) $0
TOTAL FUNDS EXPENDED $93,720
There are sufficient funds available from the payment received by the City from the
plumber's insurance company to cover costs including design, construction and locker
room enhancements. The retention amount of $10,000 has not yet been paid to the
contractor, but is included as a cost in the table above.
RECOMMENDATION
It is recommended that the City Council:
1. Accept the construction improvements by Simgel Company Inc.
2. Consider the project complete and authorize the recordation of a Notice of
Completion; and
3. Authorize the payment of retention fund to Simgel Company Inc. upon expiration
of the 35 -day lien period.
ATTACHMENT
Notice of Completion
WHEN RECORDED, MAIL TO:
CITY CLERK
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91707
Notice is hereby given that the certain work of improvement known as:
The City of Baldwin Park Ester Snyder Community Center Fire Damage Repairs
for the undersigned agency was accepted as completed on: August 5, 2009
The work of improvement was performed and completed by:
Simgel Company, Inc.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF BALDWIN PARK)
The undersigned, being duly sworn, is the Director of Public Works of the City of Baldwin Park,
makes this verification on behalf of said entity, has read the foregoing and knows the contents
thereof, and that the facts stated herein are true.
CITY OF BALDWIN PARK
By: Dater 2009
Edwin "William" Galvez, P.E.
Director of Public Works
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature/Notary
G:A120 City Council\2009\228 AttA EsterSnyderLockerRoom.doc
2009
Date
11'
TO: Honorable Mayor and Members of the City Cou
FROM: Vijay Singhal, Chief Executive Officer
Edwin "William" Galvez, Director of Public Woi
DATE: August 5, 2009
SUBJECT: AUTHORIZE STAFF TO ENGAGE WATRY DESIGN, INC FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE TRANSIT
CENTER PARKING STRUCTURE AND AUTHORIZE THE CHIEF
EXECUTIVE OFFICER TO FINALIZE A CONSULTANT SERVICES
AGREEMENT IN AN AMOUNT NOT TO EXCEED $595,900.
PURPOSE
The purpose of this report is to request from the City Council the authorization for the
Chief Executive Officer to finalize an agreement for the design and construction design
support of the Baldwin Park Metrolink Transit Center Parking Structure with Watry
Design, Inc. in an amount not to exceed $595,900.
The City has been working for several years on developing a parking facility adjacent to
the Baldwin Park Metrolink Station. This parking facility has long been envisioned to
not only provide needed parking to the civic center area, but would add significant
transit benefits to our residents and improve regional transit, and would also uniquely
position the City to initiate a redevelopment of our downtown area.
Between 2006 and 2009 the City has secured 6.9 million in federal and state grants for
the construction of a parking structure the bulk of the funding comprised of a $4.2million
MTA Proposition C discretionary grant. Although the grant was secured about two
years ago, the funding agreement was not fully executed until April of this year.
Additionally, the construction costs were much higher than the funding available to build
the structure. Staff, however, continued to pursue additional grants.
With the current construction market conditions, building the structure at much lower
cost is now possible.
Design Services for the Metrolink Transit Center Parking Structure Page 2 of 5
August 5, 2009
On June 3, 2009, the City Council authorized staff to publish a Request for Proposals
for the design of the Transit Center Parking Structure.
On July 13, 2009, at a special City Council meeting, a presentation and discussion was
held and to take advantage of the current low construction costs, staff recommended
and council approved and additional 2.5 million if Proposition C funds for the Transit
Center Parking Structure. This action essentially makes sufficient funding available to
deliver the project since the total funding is now approximately $9.4 million.
DISCUSSION
Funding for this type of project has been contingent on a commitment to allocate a
number of new parking spaces for Metrolink transit commuters. The $4.2 million MTA
grant is contingent on developing a parking facility for at least 375 vehicles. Staff has
increased the value and interest of this project by proposing to not just accommodate
parking for transit users, but to emphasize the multiple uses this facility would support,
including a Transit Oriented Development (TOD) adjacent to the Baldwin Park
downtown. The multimodai nature of this facility has added value to this project and
has made the project eligible for more funding. Now that the available funding exceeds
$9 million, staff will nonetheless continue to seek more funds to ensure this facility is
delivered at little to no impact on City funds.
On June 15, 2009, the city published a Request for Proposals (RFP) to solicit design
services for the Parking Structure. On July 8, 2009, the City received nine design
proposals. The proposals were reviewed by engineering and community development
staff. The proposals were ranked against clearly defined criteria which were revealed in
the RFP. Essentially, the criteria included the completeness and requested formatting,
the understanding of the project, the experience of the firm and the team, the
knowledge of agency procedures, and past performance. The cost of the proposals
would also be considered, but only after evaluating and identifying the firms offering the
highest quality services. Thereafter, the costs of all the proposals served to establish a
frame to negotiate and finalize the cost.
Staff is delighted to report that the two highest quality proposals were also priced in the
lower one -third of the cost range. Staff interviewed both firms, and it was apparent that
both forms were specialists in parking structures. This could be one of the reasons
their pricing was so attractive. However, one firm stood out as the right fit for Baldwin
Park's needs, since Watry Design, Inc. is also very experienced in interfacing parking
structures with mixed use development. This matches our needs very well to not only
provide parking but to make parking also support future redevelopment efforts.
Watry Design, Inc. has delivered some beautiful facilities, and their vast experience in
parking structure development gives staff confidence that not only will the project be
delivered within budget and on time, but most of all that the project will have the
functionality of being more that just parking, it is knowing that the structure will blend
Design Services for the Metrolink Transit Center Parking Structure Page 3 of 5
August 5, 2009
harmoniously with City redevelopment efforts, both from a layout and functionality
perspectives, but also from an aesthetic standpoint. This firm will help the city with
developing conceptual designs with alternate layouts, to then finalize the design and
fagade treatment, to participating in the construction effort.
The following list summarizes the firms that the City received proposals from.
International Parking Design
Johnson Fain
Martinez Architects
The Albert Group
Thomas P. Cox: Architects
Parkitects / Owen
The MDM Architects
Watry Design
Garo V. Minassian, Architect & TMAD Taylor & Gaines
Not submitted
$1,173,651
$1,010,229
$775,000
$973,820
$709;566
$658,000
$605,900
$478,430
One consultant did not provide a cost proposal as requested and the consultant with
the lowest cost proposal did not have experience with parking structures or with mixed
use / infill developments.
The cost proposed by Watry Design, Inc. was initially $605,900. However, after our
interview with them, our confidence level grew from the anticipation that the project
could be expanded within our budget to a more beautiful, functional, and more
accommodating facility. Although the RFP called for a 400 space parking design, our
negotiation has resulted in an offer from Watry to design upto 700 space parking
structure at no extra cost so long as enough funding is available. This is a significant
cost savings if the City builds a larger structure. We anticipate the structure to be about
500 to 600 spaces based on the current economy. Even with the increased tasks,
Watry has also agreed to perform the entire scope of services including the design
phase, bidding phase, and construction support phase while reducing their cost
proposal by $10,000. Watry's final negotiated cost proposal is a not to exceed fee is
$595,900.
If for any reason the project is cancelled or stalled, the city will not be liable to pay for
the entire scope of services. The consultant will perform only those services that are
authorized prior to their performance. In addition there are distinct milestones where
costs will also be controlled. The preliminary design and the design stage will flow
together for $445,100. Thereafter, the bidding phase will be capped at $37,700. and
finally the design support during construction will be $113,100.
Design Services for the Metrolink Transit Center Parking Structure Page 4 of 5
August 5, 2009
The following table summarizes the available funding for the project along with
corresponding deadlines to draw down on the funds.
TRANSIT CENTER PROJECT
Deadline
F 270 - Grants Fund
$6,971,000
Fed 5309 c (design)
Sept 2009
$245,000
Fed 5309 c (design)
Sept 2009
$381,000
Fed 5309 c (construction)
Sept 2010
$1,288,000
HR 5576 (construction)
Sept 2010
$100,000
MTA Prop C Grant (construction)
Sept 2010
$4,187,000
MTA Prop C Grant (Ped Bridge)
Sept 2010
$770,000
F 245 - Proposition C (City funds)
June 2011
$2,500,000
Total Funds Available for Transit Center
$9,471,000]
Staff anticipates that other non - construction costs related to the project will be for
program management, estimated to be between $100,000 to $150,000. The total
antiCinatari nrniart evnendltures are, shown in the, table, below: wi
ROJECT EXPEDITURES
Design $595,9
Program Management $150,0
Construction $8,000,0
Subtotal $8,7
CONTINGENCY $725,1001
The anticipated amount remaining would be over $725,000 which could serve as a
project contingency.
Initial funds need to be obligated by September 30, 2009 and staff anticipates that the
hiring of this consultant will obligate funds prior to that date.
FISCAL IMPACT
There is no impact on the General Fund. Funds to be spent on the project include
Federal and State grants and available Proposition C Funds.
Design Services for the Metrolink Transit Center Parking Structure Page 5 of 5
August 5, 2009
RECOMMENDATION
Staff recommends that the City Council approve hiring Watry Design, Inc for
Architecture and Engineering Services for the Transit Center Parking Structure and
authorize the Chief Executive Officer and City Attorney to finalize a Consultant Services
Agreement with Watry Design, Inc for Design and Construction Support for an amount
not to exceed $595,900.
This :
I I iis report requests City Council self - certification of compliance with the Los Angeles
County Congestion Management Program.
IZT-,W.,CCI 0 5 a
In 1992, the Congestion Management Program (CMP) forged new ground in linking
transportation, land use and air quality decisions for one of the most complex urban areas
in the Country. The CMP has been continuously updated approximately every two years
as a result of a voter-approved initiative (Proposition 111), the most recent update
approved by the MTA Board in July 2004. The state legislature requires the MTA to
annually monitor and determine that local jurisdictions are in compliance with the CMP. A
self-certification process has been established by the MTA to simplify the process for both
the local jurisdictions and the MTA.
The City's Planning Division has been tracking development projects in accordance with
the CMP Deficiency Plan process since 1994. However, as part of the approval of the
2003 Short Range Transportation Plan, the MTA Board authorized a nexus study to
evaluate the feasibility of implementing a congestion mitigation fee and, as a result, the
requirements for maintaining a positive credit balance have been suspended.
Attached to Resolution 2009-031 is a copy of the City's Local implementation Report
(LIR) for the reporting period of June 1, 2008 to May 31, 2009. The report shows
development activity for residential, commercial, and non-retail development sectors. The
balance was arrived at by subtracting the new development adjustments (i.e. demolitions)
and any exempted development activity from the sum of all new development.
CMP 2009 LIR
August 5, 2009
Page 2 of 2
1:7x ele TlI m 1:4'1 17_TAdroll]
It is recommended that the City Council adopt Resolution 2009 -031, "A RESOLUTION
OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE
WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE
CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089."
ATTACHMENTS
Attachment #1, Resolution 2009 -031 with 2009 CMP Local Implementation Report
Report Prepared by: Amy L. Harbin, City Planner
CAAmy\AMY \WORD \Reports \Council Reports \CMPLIR09.doc
C: \Amy \AMY \WORD \Reports \Council Reports \CMPLIR09.doc
RESOLUTION 2009-031
A RESOLUTION OF THE CITY BALDWIN PARK,
CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089.
WHEREAS, CMP statute requires the Los Angeles County Metropolitan
Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for
Los Angeles County, to annually determine that the County and cities within the County
are conforming to all CMP requirements; and
WHEREAS, LACMTA requires submittal of the CMP Local Development Report by
September 1 of each year; and
WHEREAS, the City Council held a noticed public hearing on August 5, 2009.
FOR TME CITT OF BAL DID IR PARr�
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City has taken all of the following actions, and that the
City is in conformance with all applicable requirements of the 2004 CMP adopted
by the LACMTA Board on July 22, 2004.
a) The City has locally adopted and continues to implement a
transportation demand management ordinance, consistent with
the minimum requirements identified in the CMP Transportation
Demand Management chapter.
b) The City has locally adopted and continues to implement a land
use analysis program, consistent with the minimum requirements
identified in the CMP Land Use Analysis Program chapter.
c) The City has adopted a Local Development Report, attached
hereto and made a part hereof, consistent with the requirements
identified in the 2004 CMP. This report balances traffic
congestion impacts due to growth within the City with
transportation improvements, and demonstrates that the City is
meeting its responsibilities under the Countywide Deficiency Plan
consistent with the LACMTA Board adopted 2003 Short Range
CMP 2009
August 5, 2009
Paae 2
Range Transportation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a copy of this Resolution to the Los Angeles County Metropolitan
Transportation Authority.
ADOPTED this 5th day of August, 2009.
MANUEL LOZANO, MAYOR
F.11101111=111
LAURA NIETO, CIVIC
DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK I
1, LAURA NIETO, CIVIC, Deputy City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2009-031 was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at a regular meeting thereof, held on
August 5, 2009 by the following vote:
UVA
►4 1:4 1/ 1 0-10 84,
NOES: MEMBER:
.• • a �
LAURA NIETO, CIVIC
DEPUTY CITY CLERK
C:\Amy\AMY\WORD\ResolutionsOrdinances\CounciI Resolutions\CMP09.doc
CITY OF BALDWIN PARK Date Prepared: June 25, 2009
2009 CMP Local Development Report
Reporting Period: JUNE 1, 2008 - MAY 31, 2009
Contact: Amy L. Harbin, City Planer
Phone Number: (626) 960 -4011 x475
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
* IMPORTANT: All " #value!" cells on this page are automatically calculated.
Please do not enter data in these cells.
DEVELOPMENT TOTALS
RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling Units
Single Family Residential (2600)
Multi- Family Residential (6.00)
Group Quarters (300)
COMMERCIAL DEVELOPMENT ACTIVITY
Commercial (less than 300,000 sq.ft.)
Commercial (300,000 sq.ft. or more)
Freestanding Eating & Drinking
NON - RETAIL DEVELOPMENT ACTIVITY
Lodging
Industrial
Office (less than 50,000 sq.ft.)
Office (50,000- 299,999 sq.ft.)
Office (300,000 sq.ft. or more)
Medical
Government
Institutional /Educational
University (# of students)
OTHER DEVELOPMENT ACTIVITY
ENTER IF APPLICABLE
ENTER IF APPLICABLE
EXEMPTED DEVELOPMENT TOTALS
Exempted Dwelling Units
Exempted Non - residential sq. ft. (in 1,000s
1,000 Net Sq.Ft.`
24.17
0.00
0.00
.. .,. P.z
J 14
'
� III
I
Z
1. Note: Please change dates on this form for later years. Section 1, Page 1
2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3.
CITY OF BALDWIN PARK Date Prepared: June 25, 2009
2006 CMP Local Development Report
Reporting Period: JUNE 1, 2007 - MAY 31, 2008
lEnter data for all cells labeled "Enter." If there are no data for that cateqory, enter "0."
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Single Family Residential
11.00
Multi-Family Residential
0.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial (less than 300,000 sq.ft.)
24.17
Commercial (300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
0.00
NON-RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
0.50
Office (less than 50,000 sq.ft.)
0.00
Office (50,000-299,999 sq.ft.)
0.00
Office (300,000 sq.ft. or more)
0.00
Medical
0.00
Government
0.00
Institutional/Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "0" if none)
ENTER IF APPLICABLE
ENTER IF APPLICABLE
0.001
Section /, Page 2
CITY OF BALDWIN PARK Date Prepared: June 25, 2009
2006 CMP Local Development Report
Reporting Period: JUNE 1, 2007 - MAY 31, 2008
Enter data for all cells labeled "Eater." If there are no data for that category, enter "0."
PART DEVELOPMENT ADJUSTMENTS
IMPORTANT: Adjustments may be claimed only for 1) development permits that were both
issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any
structure with the reporting period.
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Single Family Residential
1300
Multi - Family Residential
6.00
Group Quarters
3.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial (less than 300,000 sq.ft.)
0.00
Commercial (300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
0.00
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
0.00
Office (less than 50,000 sq.ft.)
0.00
Office (50,000- 299,999 sq.ft.)
0,00
Office (300,000 sq.ft. or more)
0.00
Medical
0.00
Government
0.00
Institutional /Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "3" if none
,ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Section 1, Hage J
CITY OF BALDWIN PARK
Date Prepared: June 25, 2009
2006 CMP Local Development Report
Reporting Period: JUNE 1, 2007 - MAY 31, 2008
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
'PART 3: EXEMPTED DEVELOPMENT
ACTIVITY
(NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
Low /Very Low Income Housing
—�
Dwelling Units
High Density Residential
�1
Dwelling Units
Near Rail Stations
Mixed Use Developments
0
1,000 Gross Square Feet
Near Rail Stations
Dwelling Units
Development Agreements Entered
111
1,000 Gross Square Feet
into Prior to July 10, 1989
0
Dwelling Units
Reconstruction of Buildings
Ill
1,000 Gross Square Feet
Damaged in April 1992 Civil Unrest
0
Dwelling Units
Reconstruction of Buildings
0
1,000 Gross Square Feet
Damaged in Jan. 1994 Earthquake
0
Dwelling Units
Total Dwelling Units
0
Total Non - residential sq. ft. (in 1,000s)
0
Section /, Page 4
Exempted Development Definitions:
1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community
Development as follows:
- Low - Income: equal to or less than 80% of the County median income, with adjustments for family size.
- Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size.
2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger
station and that is equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre
is automatically considered high density.
3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger
station, if more than half of the land area, or floor area, of the mixed use development is used for high
density residential housing.
4. Development Agreements: Projects that entered into a development agreement (as specified under Section
65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989.
5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed,
to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and
where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally
precluded projects do not have to be reported in the LDR.
1 , ��:
4
■ ■ AUG 299"
ITEM .,.,O
TO: Honorable Mayor and Members of the City Council
FROM: Edwin "William" Galvez, Director of Public Works
DATE: August 5, 2009
SUBJECT: PUBLIC HEARING FOR PROPOSED INSTALLATION OF MULTI -WAY
STOP SIGN CONTROLS AT FOUR RESIDENTIAL INTERSECTIONS
PURPOSE
The purpose of this report is to provide the City Council with an outline of the
justifications for proposed vehicle stop sign controls at four residential intersections and
,- ipporting infnrmatinn fnr the Publir Hearing,
BACKGROUND
At the July 13, 2009 Special City Council Meeting, Staff presented a citywide capital
improvement plan which included traffic safety improvements. The traffic safety
improvements consisted of traffic calming devices, speed humps, and four locations
where stop controls should be considered. Staff indicated that the stop sign
improvements would be separately brought back to the City Council for consideration.
There are four residential intersections where studies or other justifications support the
installation of stop sign controls. The intersections are:
1. Ahern Avenue and MacDevitt Street
2. Kenmore Avenue and Illinois Street
3. Olive Street and Bleecker /Phelan Avenue
4. Ledford Street and Westcott Avenue
The first two locations, Ahern / MacDevitt and Kenmore / Illinois, are currently controlled
by two way stops, meaning that vehicles traveling on one of the roadways has the right
of way while vehicles on the other roadway must stop as they approach the intersection
from either direction (or both directions, hence a `two -way' stop).
Public Hearing for Stop Sign Installation at Four Intersections Page 2 of 2
August 5, 2009
These two intersections are recommended for all way stop controls by the Citywide
School Traffic Safety Study completed last year by Willdan Engineering. The stop sign
warrants for these two intersections are met by the performance and completion of an
Engineering Study, and the study's recommendation to install multi -way stop controls.
The third intersection, Olive / Bleecker - Phelan, has a separate warrant study completed
by Minagar and Associates which justifies the installation of all way stop controls. This
means that, at the three intersections, all vehicles must stop as they approach from all
directions before entering the intersection.
The fourth intersection is at Ledford / Westcott. This location is a "T" intersection with
no existing stop controls. Per the California Vehicle Code, Section 21354 — Stop signs
on Local Highways, and the Manual of Uniform Traffic Control Devices (MUTCD), the
local authority (City of Baldwin Park) may designate a highway as a "through highway"
and therefore the may eruct stony signs at entrances thereto. Therefore it is
recommended that Ledford be designated as the `through' street, and that Westcott be
controlled by a single stop sign as the roadway enters the intersection. No warrants
need to be fulfilled for this recommendation.
A public hearing notice was published
2009 and posted at public buildings
recommended stop sign locations.
FISCAL IMPACT
in the San Gabriel Valley Tribune on July 24,
informing interested residents that of the
There is no impact on the General Fund. All stop sign installations will be done by staff
under the existing operations budget. The approximate cost of $500 for each `stop'
location will be absorbed in the current Public Works budget which has sufficient Gas
Tax funds for these improvements.
RECOMMENDATION
Staff recommends that the City Council:
1. Hold a Public Hearing; and
2. After considering testimony, authorize staff to proceed with the installation of stop
sign controls at the proposed four locations.
ATTACHMENTS
A Excerpt from Citywide School Traffic Safety Study (Ahern /MacDevitt and
Kenmore /Illinois by Willdan Engineering)
B Warrant Study for Olive /Bleecker - Phelan (Minagar & Associates)
C California Vehicle Code Section 21354 & MUTCD Section 213.05 STOP Sign
Applications
OU
Excerpt from Citywide School Traffic Safety Study
(Ahern/MacDevitt and Kenmore /Illinois by
Willdan Engineering)
The traffic volume was 106 northbound in the AM and 43 northbound in the PM. In the
southbound direction there were 47 vehicles in the AM and 34 vehicles in the PM.
There were only 35 vehicles eastbound in the AM and 20 vehicles eastbound in the PM
peak hour on Illinois Street. This indicates very low traffic.
We recommend that a stop sign should be installed on Illinois Street at Kenmore
to establish the right-of-way. A single stop sign can be installed using
engineering judgment. See California MUTCD Section 213.05 Stop Sign
Applications, subsection A: The intersection of a less important road with a main
road where application of the normal right-of-way rule would not be expected to
provide reasonable compliance with the law. Or subsection B: Street entering a
through highway or street.
The school staff requested and we recommend that the City try and revise their
Wednesday street sweeping route and times to accommodate the parents trying
to pick-up their kids on Wednesday.
We also recommend that a speed hump be installed 120 feet north of Illinois
Avenue. Av Also a handicapped ramp should be installed on the
Street on Kenmore enue I I U I I I L U
SL
west side of Kenmore at the end of the crosswalk.
• The old style school crossing signs at the crosswalk should be replaced with
yellow/green 51-1 Walking pedestrians symbol sign, with a W16-7 downward
pointing arrow sign underneath. Further there should be 51-1 signs with a W16-
9p "AHEAD" plate underneath installed 150 feet from the crosswalk on Kenmore
Avenue in the north and south direction.
• The school should consider letting the parents use the parking lot on Monterey
Avenue as a drive-through to pick-up and drop-off their children.
Baldwin Park Elementary School Traffic Safety Study Page 18
We recommend installing stop signs on Macdevitt at the intersection with Ahern
similar to the stop signs installed at Olive Street and Center Street. The
crosswalk is on the curve of the road and could cause blind spots for the
eastbound or northbound drivers when others are parked close to the
intersection. Vehicles approaching the intersection from both streets have limited
sight distance. The intersection is a 90 degree curve. Drivers just proceed
around the curve because there is no apposing traffic. The stop signs can be
justified under this study using optional criteria B, and D in the California MUTCD
Section 213.07 Multi-way Stop Applications. (See Appendices.)
We also recommend painting the southwest corner of Macdevitt and Ahern red
for 20 feet each direction at the corner.
The trees should be trimmed on northbound Vineland where the school speed
oil
sign is partially hidden.
Radar speed signs are recommended in both directions of travel on Vineland
Avenue.
We recommend more traffic enforcement at Macdevitt and Ahern, as well as on
Vineland in front of the school.
Baldwin Park Elementary School Traffic Safety Study Page 26
Attachment "B"
Warrant Study for Olive /Bleecker- Phelan
(Minagar & Associates)
MINAGAR & A.SOCIATES, INC.
FS Deployment/Engineering/Planning-Traffic Engineering-Transportation Planning Consultants
DATE: September 15, 2003
TO: Mr. Shafique Naiyer, P.E.
Director/City Engineer
Department of Public Works
City of Baldwin Park
FROM: Fred Minagar, P.E.
Minagar & Associates, Inc. flf(
SUBJECT: Stop Sign Warrant study for the intersection of Olive Street & Phelan
Avenue/Bleecker Street.
It is recommended that the intersection of Olive Street and Phelan
Avenue/Bleecker Street be all way stop controlled. The intersection does
meet dhe lResidential Warrants for Stop Signs.
DISCUSSION:
The intersection of Olive Street and Phelan Avenue/Bleecker Street is located between
Marion Avenue and Park Avenue in the City of Baldwin Park. The posted speed limit is
35 MPH for Olive Street and 25 MPH for Phelan Avenue/Bleecker Street.
An extensive site investigation and field data collection (i.e., the current traffic volumes)
at the intersection were conducted on September 4, 2003.
A complete Residential Warrants for Stop Signs was conducted. First, the typical
warrants were checked. The intersection was warranted under the following four
categories; Warrants 1, 2, 4 & D.
Therefore, it is concluded that the intersection of Olive Street and Phelan
Avenue/Bleecker Street does meet the warrants for the installation of all way stop signs.
The City can proceed with the design and construction of the stop signs for the
aforementioned intersection..
Enclosures:
0 Stop Sign Warrants
CITY OF fAld�- , CALIFOF A
In+er-&Uciiot l -,
1. Minimum Volume Warrant
The total vehicular volume entering the intersection from all approaches
averages at least 500 vehicles per hour during any 6 hours of an average day;
and the combined vehicular and pedestrian volumes entering the, intersection
from the minor street average at least 200 units per hour during the same 6
hours. When the 85 percentile approach speed of the major street traffic
exceeds 40 mph, the minimum volume warrant is 70 percent of these
requirements.
Major Street Approach Speed 13(_1
Reouirement
* 85th percentile speed 40 mph or greater
Satisfied? Yes No
2® Accident Experience Warrant
There is an obvious accident hazard disclosed by investigation or evidenced by a
history of three or more reported accidents in a recent 12-month period of a type
normally considered susceptible to correction with all-way stop control and where
adequate trial with less restrictive control has proven unsatisfactory.
c: \trafficlpofbeslstopsign2 . doc
U
I R*
ee J
�
t -
"
� t' "
12-.7—
1:0i-
6 Hr. Av.
Total Intersection Veh. Vol.
(501
350
S-�-f
6?'7
P7 Z-
Minor Street Veh. & Ped. Vol.
140 11g(
2 0� I/
1
2-1 Z-
* 85th percentile speed 40 mph or greater
Satisfied? Yes No
2® Accident Experience Warrant
There is an obvious accident hazard disclosed by investigation or evidenced by a
history of three or more reported accidents in a recent 12-month period of a type
normally considered susceptible to correction with all-way stop control and where
adequate trial with less restrictive control has proven unsatisfactory.
c: \trafficlpofbeslstopsign2 . doc
I —11TY OF rA(d- , CALIFORV-
lei
3. Intersection of Collector Street Warrant
Where the intersection is determined to be that of collector streets. Collector
streets are designated on the Circulation Element of the General Plan. In some
instances, streets may be functioning as collectors even though not so
designated. Some designated highways, particularly in fringe areas or
discontinuous situations, may be functioning as collectors and the collector street
warrant may be appropriately utilized. In some areas a street may function as a
collector, but be designated as a local street. Review of traffic volumes and the,' '
local circulation system, will aid in appropriate classification. At the intersection,
all approaches need not be designated collectors to satisfy this warrant.
Where an intersection meeting this criteria is within 600 feet of a stop sign or
signal control on the uncontrolled street, an all-way stop should not be
considered unless both streets are functioning as collectors with commensurate
traffic volumes, or the accident history indicates need for additional control.
General Plan Designation
Functional Determination
Distance to Closest Control on Uncontrolled Street*
Satisfied?
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> b 0 0 " I
Yes No [
-,ITY OF 641-w-r- P11-K , CALIFORt"
9 .
Where adjoining development is residential (single-family or multi-family) and
the plotted peak hour falls above the curve of the Residential Warrant Chart (see
page 6 of 6).
Streets within residential areas may experience high traffic volumes during peak
commuter periods without meeting the minimum volume warrants more
appropriately applied to arterials and higher volume collectors. Utilization of this,,
warrant is intended to assign right-of-way during peak traffic periods without
resulting in all-way stop control at every local street intersection.
Consequently, this warrant should not be utilized were the currently uncontrolled
street has a stop sign or signal control within 600 feet. Where an intersection
meets this criteria but is within 600 feet of a control, review of the reported
accident history . necessary
should determine whether an additional control is
U y
Peak Hour Residential Warrant
(Attach Residential Peak Hour Chart)
Distance to Closest Control on Uncontrolled Street*
Satisfied? Yes [ v-f N o
5. Interim Control Warrant
Where traffic signals have been authorized, all-way stop control may be
appropriate pending signal installation. Such installation may be considered
where volumes on the presently uncontrolled street will not exceed the capacity
of a stop control and where accident potential will be reduced as a result of the
interim installation. Installations where accident potential may increase should
not be considered, such as on high volume signal controlled arterials where stop
control would be unexpected.
Interim Warrant* Satisfied? Yes No A
*Traffic signal
installation.
authorized and more restrictive control required pending
c:\traffic\.r)oiicies�stopsion2,doc
1
OF CALIFORN 0
RESIDENTIAL WARRANTS FOR STOP SIGNS
Stop signs should he considered on all approaches to an intersection when the
following conditions are satisfied:
When the intersection is contiguous to a school and the uncontrolled street is
crossed on a pedestrian route to school; the combined pedestrian volume and
vehicular volumes entering the intersection from all approaches average at least
350 units per hour during any 2 hours of a school day; and the combined'
pedestrian and vehicular volumes entering the intersection from the minor stop
controlled) street average at least 140 units per hour during the same 2 hours.
School Area Volume*
Kequirement
Total Intersection Veh. Vol. 350
& PeC4- VOL
Minor Street Veh. & Ped. Vol. 140
y ; " — ); /4,r-o- ,
17a(;4 (06'
�
1,�lf
* Intersection is contiguous to school. Designated pedestrian route to school
crosses uncontrolled street.
Satisfied? Yes No
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Div. 11 —379— §21355
that is enacted before January 1, 2008, deletes or extends
that date.
Added and repealed Sec. 6, Ch. 979, Stats. 2002, Effective March 1, 2003. Repeal
operative January 1, 2008,
NOTE: The preceding section shall remain in effect only until
January t, 2008, and as of that date is repealed.
CHAPTER 2. TRAFFIC SIGNS, SIGNALS, AND MARKINGS
Article 1. Erection and Maintenance
State Authority
21350. The Department of Transportation shall place
and maintain, or cause to be placed and maintained, with
respect to highways under its jurisdiction, appropriate signs,
signals and other traffic control devices as required
hereunder, and may place and maintain, or cause to be placed
and maintained, such appropriate signs, signals or other
traffic control devices as maybe authorized hereunder, or as
may be necessary properly to indicate and to carry out the
provisions of this code, or to warn or guide traffic upon the
highways. The Department of Transportation may, with the
consent of the local authorities, also place and maintain, or
cause to be placed and maintained, in or along city streets
and coffin vy roads, appropriate signs, Sigiiaia aiiu Oa,11eT trauiC
control devices, or may perform, or cause to be performed,
such other work on city streets and county roads, as may be
necessary or desirahip to control, or direct traffic, or to
facilitate traffic flow, to or from or on state highways.
Amended Ch. 648, Stats. 1974. Effective January 1, 1975. Supersedes Ch.
545.
9
i Local Authority
21351. Local authorities in their respective jurisdictions
shall place and maintain or cause to be placed and
maintained such traffic signs, signals and other traffic
? control devices upon streets and highways as required
hereunder, and may place and maintain or cause to be placed
and maintained, such appropriate signs, signals or other
traffic control devices as may be authorized hereunder or as
may be necessary properly to indicate and to carry out the
i provisions of this code or local traffic ordinances or to warn or
guide traffic.
Use of Metric System Designations
21351.3. Local authorities in their respective
jurisdictions may place and maintain, or cause to be placed
and maintained, speed limit, speed advisory, and mileage
signs, or suitable plates affixed to or near existing signs,
which indicate speeds and distances' both in common
standards of measures, as specified in Section 12302 of the
Business and Professions Code, and in measures of the metric
system authorized by Congress.
Added Ch, 462, Slats. 1974. Effective January 1, 1975.
Stops Signs at Railroad Crossings
21351.5. The Department of Transportation or local
authorities, with respect to highways under their respective
jurisdictions, may erect stop signs to require the traffic on a
highway to stop before crossing any railroad grade crossing
designated by the agency having jurisdiction of the highway
as a major crossing with a demonstrated need for stop signs,
except a railroad grade crossing which is controlled by
automatic signals, gates, or other train- actuated control
devices.
Added Ch. 58, Stats. 1974. Effective March 8, 1974.
Deaf Child Warning Signs
21351.7. Local authorities in their respective
jurisdictions may place and maintain, or cause to be placed
and maintained, appropriate signs along city streets or
county roads which indicate that a deaf child is near.
Added Ch. 719, Stats. 1983, Effective January 1, 1984.
Traffic and pedestrian Regulation on State Highways
21352. The Department of Transportation may erect
stop signs at any, entrance to any state highway and
whenever the department determines that it is necessary for
the public safety and the orderly and efficient use of the
highways by the public, the department may erect and
maintain, or cause to be erected and maintained, on any state
highway any traffic control signal or any official traffic
control device regulating or prohibiting the turning of
vehicles upon the highway, allocating or restricting the use of
specified lanes or portions of the highway by moving
vehicular traffic, establishing crosswalks at or between
intersections, or restricting use of the right -of -way by the
public for other than highway purposes.
Amended Ch. 413, Stats. 1981. Effective January 1, 1982.
Local Regulation Affecting State Highway Traffic
21353. No local authority, except by permission of the
Department of Transportation, shall erect or maintain any
stop sign or traffic control signal in such manner as to require
the traffic on any state highway to stop before entering or
crossing any intersecting highway or any railroad grade
crossing.
Amended Ch. 413, Slats, 1981. Effective January 1, 1982.
Stop Signs on Local Highways
21354. Subject to the provisions of Section 21353, a local
authority may designate any highway under its jurisdiction
as a through highway and may erect stop signs at entrances
thereto or may designate any intersection ender its exclusive
jurisdiction as a stop intersection and erect stop signs at one
or more entrances thereto.
Stops Signs
21355. (a) Stop signs erected under Section 21350,
21351, 21352, or 21354 may be erected either at or near the
entrance to an intersection.
The Department of Transportation. and local authorities in
their respective jurisdictions may erect stop signs at any
location so as to control traffic within an intersection.
When a required stop is to apply at the entrance to an
intersection from a one -way street with a roadway of 30 feet
or more in width, stop signs shall be erected both on the left
and the right sides of the one -way street at or near the
entrance to the intersection.
Notwithstanding any other provision of this code, stop
signs shall not be erected at any entrance to an intersection
controlled by official traffic control signals, nor at any
railroad grade crossing which is controlled by automatic
signals, gates, or other train - actuated control devices except
where a stop sign may be necessary to control traffic on
intersecting highways adjacent to the grade crossing or when
Page 2B -6
2003 Edition
Sign
MUTCD
Section
Conventional
Expressway
Freeway
Minimum
Oversized
Code
Road
Keep Off Median
R11 -1
28.47
600 x 750
—
—
—
—
24 x 30
Road Closed
R11 -2
28.48
1200 x 750
—
—
—
—
48 x 30
Road Closed - Local
R11 -3,3a,
213.48
1500 x 750
—
—
—
—
Traffic Only
3b,4
60 x 30
Weight Limit
R12 -1,2
213.49
600 x 750
900 x 1200
—
—
900 x 1200
24 x 30
36 x 48
36 x 48
Weight Limit
R12 -3
213.49
600 x 900
—
—
—
—
24x36
Weight Limit
R12 -4
213.49
900 x 600
—
—
—
—
36x24
Weight Limit
R12 -5
213.49
600 x 900
900 x 1200
1200 x 1500
—
—
24 x 36
36 x 48
48 x 60
Metric Plaque
R12 -6
213.49
600 x 225
—
—
—
—
24x9
Weigh Station
R13 -1
213.50
1800 x 1200
2400 x 1650
3000 x 1100
—
—
72 x 48
96 x 66
120 x 84
Truck Route
R14 -1
213.51
600.450
—
—
—
—
24x18
Hazardous Material
R14 -2.3
1 213.52
600 x 600
750 x 750
900 x 900
—
1050 x 1050
24 x 24
30 x 30
36 x 36
42 x 42
National Network
R14 -4,5
213.53
600 x 600
750 x 750
900 x 900
—
1050 x 1050
24 x 24
30 x 30
36 x 36
42 x 42
Railroad Crossbuck
R15 -1
813.03
1200 x 225
—
—
—
—
48x9
Look
R15 -8
813.16
900 x
-
(36 x 18)
Notes:
1. Larger signs may be used when appropriate.
2. Dimensions are shown in millimeters followed by inches in parentheses and are shown as width x height.
Section 26.05 STOP Sign Applications
Guidance:
STOP signs should be used if engineering judgment indicates that one or more of the following conditions
exist:
A. Intersection of a less important road with a main road where application of the normal right -of -way rule
would not be expected to provide reasonable compliance with the law;
B. Street entering a through highway or street;
C. Unsignalized intersection in a signalized area; and /or
D. High speeds, restricted view, or crash records indicate a need for control by the STOP sign.
Standard:
Because the potential for conflicting commands could create driver confusion, STOP signs shall not be
installed at intersections where traffic control signals are installed and operating except as noted in Section
41.01.
Portable or part -time STOP signs shall not be used except for emergency and temporary traffic
control zone purposes.
Guidance:
STOP signs should not be used for speed control.
STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. At
intersections where a full stop is not necessary at all times, consideration should be given to using less restrictive
measures such as YIELD signs (see Section 28.08).
Sete. 2B.05
6 A
142MA
BALDWIN PARK
COMMUNITY DEVELOPMENT COMMISSIO1
REGULAR MEETINV
August 5, 2009
7:00 P.M.
Baldwin Park, CA 9170q
(626) 960-4011
im
BAIDWIN
I
Monica Garcia
- Vice Chair
Anthony J. Bejarano
- Member
Marlen Garcia
- Member
Ricardo Pacheco
- Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DEAPAGAR SUS rELEFONOS CELULARES Y BEEPERS DURANTFLA 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 p6blico a difigirse al Concitio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hab/ar sobre cualquier asunto publicado en la
agenda o cualquier tema que est6 bajo su jurisdicci6n.
Si usted desea /a oportunidad de dirigirse al Concilio o
aIguna de sus Agencias, podri hacerlo durante e/
periodo de Comentarios del POblico (Public
Communications) anunciado en la agenda. A cada
persona se /e permite hablar por cinco (5) minutos.
Hay un int6rorete para su conveniencia.
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 R,54054. 9,7
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comisl6N
No se podra tomar acc16n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista
algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.21
CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be
approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in
which case, the item will be removed from the general order of business and considered in its normal sequence on the
agenda.
1. WARRANTS AND DEMANDS
Staff recommends Commission receive and file.
2. MINUTES
Staff recommends Commission approve the minutes of the special and regular
meetings of July 15, 2009.
3. FIVE-YEAR IMPLEMENTATION PLAN - CONSULTANT SERVICES AGREEMENT
Staff recommends Commission authorize the Executive Officer to enter into a
Consultant Services Agreement with GRC Associates, Inc. for a not-to-exceed amount
of $16,400 for preparation of the 2010 - 2014 Five Year Implementation Plan.
REPORTS OF OFFICERS
4. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH OLSON
LAND PROJECTS, LLC FOR A POTENTIAL DOWNTOWN REVITALIZATION
PROJECT
Staff recommends Commission approve the proposed Exclusive Negotiation
Agreement with Olson Land Projects, LLC and authorize the Chairman to execute the
Agreement.
Community Development Commission
August 5, 2009 Page 2
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. July 30, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County
Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the
office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto&ba €dwinpark.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
August 5, 2009
Page 3
COMMISSION
2009
ITEMNO.-L-
!' 1 0 ' ` f il w Elm
REPORT: CHECKREG GENERATED: 28 FEB 08 17:19 RUN: THURSDAY JUL232009 17:14
CITY OF BALDWIN PARK
CHECK REGISTER
CHECK RANGE: 13108 - 13112
i
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME
WO # AMOUNT G/L ACCT # DESCRIPTION INVOICE #
------------------------------------------------------------- ------------------- - - - - --
2 13108
$1260.00
07/16/09 08688
11417
546.66
836 -00- 000 - 51101- 14900 -2
LEGAL SRV THRU 5/31/09
546 66
J26.67
834 -00 -000- 51101- 14900 -2
LEGAL SRV THRU 5/31/09
835 -00- 000 - 51101 - 14900 -2
LEGAL SRV THRU 5/31/09
86.67
831 -00- 000 - 51101- 14900 -2
26.67
832 -00- 000 - 51101- 14900 -2
1 SAN GABRIEL VALLEY TRIBUNE
26.67
833 -00- 000 - 51101 - 14900 -2
2 13109
$150.00
07/16/09 00617
SNACKS 6/16/09 WRKS
150.00
890 -00- 000 - 53370- 14900 -2
2 13110
$80.00
07/16/09 08878
80.00
801 -40- 400 - 53100 - 14900 -2
2 13111
$19.84
07/16/09 01099
19.84
806 -40- 470 - 53100- 14470 -2
2 13112
$3.53
07/16/09 00779
3.53
890 -00- 000 - 53370- 14900 -2
0 ALESHIRE & WYNDER LLP
LEGAL SRV THRU 5/31/09
11417
LEGAL SRV THRU 5/31/09
LEGAL SRV THRU 5/31/09
LEGAL SRV THRU 5/31/09
LEGAL SRV THRU 5/31/09
LEGAL SRV THRU 5/31/09
0 MARIPOSA LANDSCAPES INC.
JUN '09
45185
1 SAN GABRIEL VALLEY TRIBUNE
7/1- 6/1/10 CDC SUBSCRIP
74906358
0 SMART & FINAL
SNACKS 6/16/09 WRKS
187262A
1 SO. CALIF. EDISON
ROP 6/10 - 7/10/09
6/10- 4/10/09
CITY OF BALDWIN PARK
CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
MINUTES
(;UMMlb61UN r,oc-ivwr%
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
ROLL CALL
Present-. Council member / Member Bejarano, Council member / Member
Marlen Garcia, Council member / Member Pacheco, Mayor Pro
Tern / Vice Chair Monica Garcia, Mayor / Chair Lozano.
Absent: None.
Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W.
Pannone, Deputy City Clerk Nieto.
Council member / Member Pacheco arrived at 6:40 p.m.
UTP-T 9 us] ro Eel A E we Z [ 154 Tll [ •'•K
K
' 01TOW I
RECESS TO CLOSED SESSION • THE CITY COUNCIL & COMMUNITY
DEVELOPMENT COMMISSION
1. 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)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC
§54956.9(a))
Case Name: Richard Harper vs. City of Baldwin Park
Case Number: MON 338-273
RECONVENE IN OPEN SESSION
Page 1 of 2
The Council / Commission reconvened in open session with all members present
REPORT FROM CLOSED SESSION
No reportable action was taken
1539100��
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
August 5, 2009.
Laura M. Nieto, CIVIC
-Deputy City Cl,.nrL-
11
Page 2 of 2
CITY OF BALDWIN PARK
COMMUNITY DEVELOPMENT
COMMISSION
MINUTES
WEDNESDAY, JULY 15,
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
M
A
Present-: Member Blejarano, Member Marlen Garcia, Member Pacheco,
Vice Chair Monica Garcia, Chair Lozano.
Absent: City Clerk Rubio.
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 Treasurer
Contreras, Deputy City Clerk Nieto.
F0T.-Ilf 1411010- 0
NONE
Motion: Approve CONSENT CALENDAR
Moved by Chair Lozano, seconded by Member Marlen Garcia.
Ii RVITI-11 IN kzr-Al '! B 0
Commission received and filed.
2. MINUTES
rff -1
14
Commission approved the minutes of the special and regular meetings of July 1,
2009.
Page 1 of'2
There being no other matters for discussion the meeting was adjourned at 8:18
p.m.
Approved as presented by the Commission at their meeting held August 5, 2009.
Laura M. Nieto, CIVIC
Deputy City Clerk
Page 2 of 2
COMMISSION
TO: Honorable Chairman and Members of the Commission
FROM: Vijay Singhal, Executive Officer
Marc Castagnola, Community Development Manager p
DATE: August 5, 2009
SUBJECT: Five -Year Implementation Plan — Consultant Services Agreement
PURPOSE:
The purpose of this report is to enter into a consultant services agreement with GRC
Associates, Inc. to prepare the Commission's Five -Year Redevelopment and Housing
Implementation Plan, as required by state law.
BACKGROUND:
California Redevelopment Law ( "CRL ") requires the Community Development
Commission (Commission) to prepare a Five -Year Redevelopment and Housing
Implementation Plan (" Implementation Plan ") every five years, beginning in 1994.
The Commission previously adopted Implementation Plans in 1995, 2000, and 2005 as
required by law. The next five -year cycle is 2010 through 2014.
For the five year period, the Implementation Plan estimates the expenditures scheduled
and demonstrates how such programs, projects and expenditures will assist in
eliminating blight from the Project Areas. The Implementation Plan identifies programs
and potential projects, including housing activities targeted for low- and moderate -
income families. However, the Implementation Plan is not connected to any specific
development project.
The Implementation Plan is intended to be a policy statement rather than a specific
course of action and is prepared to set priorities for redevelopment and housing
activities while demonstrating how those activities will assist in eliminating blight. The
target date for completion of the Implementation Plan is by December 31, 2009.
DISCUSSION:
In order to prepare the Five -Year Implementation Plan, City staff requested proposals
from the following three consulting firms, as follows:
Five Year Implementation Plan
August 5, 2009
Page 2 of 2
Consultant Fee Amount
GRC Associates, Inc. $16,400
Urban Futures $20,000
Tierra West Advisors, Inc. $20,080
Staff reviewed the three proposals as received and GRC Associates, Inc. is
recommended for the following reasons:
• Firm has over 25 years experience and knowledgeable about redevelopment law
• Excellent reputation in the field of redevelopment
• Commission previously worked with GRC Associates, Inc. on other assignments
• GRC Associates, Inc. prepared Baldwin Park's 2000 -2004 Five -Year Implementation
Plan and the 2004 CBD Plan Amendment
• Require less assistance from Commission staff in completing the work
GRC Associates proposes to complete the Implementation Plan in 4 months.
As detailed in the proposal as attached, GRC Associates has provided redevelopment
consulting services to more than 60 agencies in California and prepared Five -Year
Implementation Plans for the cities of Azusa, Claremont, Colton, Lakewood, Montebello,
Pomona, Rosemead, and Stanton, including Baldwin Park.
The not -to- exceed fee to prepare the Five -Year Redevelopment and Housing
Implementation Plan by GRC Associates, Inc. would be $16,400, and paid by
Redevelopment account number 197.40.470.51100.14450.2. No impact to the General
Fund.
RECOMMENDATION:
It is recommended that the Community Development Commission authorize the
Executive Officer to enter into a Consultant Services Agreement with GRC Associates,
Inc. for a not -to- exceed amount of $16,400 for preparation of the 2010 -2014 Five Year
Implementation Plan.
ATTACHMENTS:
Attachment "A" — GRC Associates, Inc. Proposal
Attachment "B" — Urban Futures, Inc. Proposal
Attachment "C" — Tierra West Advisors, Inc. Proposal
GRC Associates, Inc. Proposal
June 22, 2009
REDEVELOPMENT Mr. Melecio G. Picazo
ECONOMIC DEVELOPMENT Redevelopment Manager
City of Baldwin Park
14403 East Pacific Avenue
REAL ESTATE CONSULTING Baldwin Park, CA 91706
AFFORDABLE HOUSING RE: Proposal for Professional Services: Implementation Plan 2010 -2014
URBAN PLANNING
Dear Mr. Picazo:
Pursuant to your request, GRC Associates, Inc. ( "GRC ") is pleased to submit
this proposal to prepare a Five -Year Implementation Plan for the Baldwin Park
Redevelopment Agency. It is our understanding that a single Implementation
Plan will be prepared for all of the project areas.
GRC has provided redevelopment and housing consulting services to more than
60 municipalities and redevelopment agencies in California. We are very
experienced in all facets of redevelopment plan adoption and implementation as
well as housing production plans. GRC has prepared the Five -Year
Implementation Plan for the Cities of Azusa, Claremont, Colton, Lakewood,
Montebello, Pomona, Rosemead and Stanton, as well as for Baldwin Park.
GRC estimates that it will take four months to complete the preparation and
adoption of the Implementation Plan. GRC would work cooperatively with the
Agency's staff. We propose an estimated not -to- exceed cost amount of $16,400.
We appreciate the opportunity to submit this letter proposal. If you have any
questions or require additional information, please contact me at 626 - 331 -6373.
858 OAK PARK ROAD. Respectfully submitted,
�SUITE 280
4 �. �
John N. Oshimo
COVINA, CA 91724 President
T: (626) 331 -6373
F: (626) 331 -6375
ra MTO =0
Prepared for:
Baldwin Park Redevelopment Agency
Prepared by:
GRC Associates, Inc.
858 Oak Park Road, Suite 280
Covina, CA 9172t
Contents
[ Executive Summary .................................. ............................. 1
U. Scope of Work and Time Schedule ........................................ 2
Ill. Firm Experience ..................................................................... 3
IV. Project Te@Dl------------------------.. 6
V. Fee Schedule ......................................................................... 8
VI. Proposed Budget ................................................................... S
GRC Associates, Inc. ( "GRC ") is pleased to offer its skilled and experienced
team for redevelopment consulting services. For over 25 years, GRC has
provided redevelopment, economic development, urban planning and housing
consulting services to over 60 cities and agencies in southern California. This
includes the Baldwin Park Redevelopment Agency ( "Agency "), in which GRC
prepared the 2004 Redevelopment Plan Amendment for the Central Business
District Project Area and the Redevelopment and Housing Implementation
Plan 2000 — 2004
GRC's proposal is designed to meet all Health and Safety Code, Government
Code, Housing and Community Development requirements, and will adhere to
all Compliance Audit Guidelines for California Redevelopment Agencies. The
Implementation Plan will be prepared and adopted as one document.
However, GRC will address blighting conditions, goals, objectives and budget
projections for each of the six project areas separately (West Ramona, Puente -
Merced, San Gabriel River, Central Business District, Delta and Sierra Vista
Project Areas).
The Scope of Services included in this proposal will be completed within the
not -to- exceed amount of $16,400 and within the four (4) month timeframe as
established in this proposal.
GRC believes that the key to the successful completion and adoption of the
Implementation Plan include two tasks. First, the comprehensive five -year
financial plan in connection with implementing the programs and projects
identified in the Implementation Plan, including a five -year cash flow
projection, must be carefully analyzed and completed early in the planning
process. Second, public participation in the form of community meetings is
crucial in developing a plan that meets the public expectations, yet provides the
Agency with a plan that is creditable of implementation.
All Agency- related work shall be conducted at GRC's office located in the City
of Covina.
Office Location: GRC Associates, Inc.
858 Oak Park Road., Ste. 280
Covina, California 91724
Contact Person: John N. Oshimo
President
(626) 331 -6373
joshimo L& acassoc. corn
Bahivin Perk-, Rode- veloplNurt tgeia
1
The following table is GRC's proposed scope of work and time schedule from
award of contract through final adoption. This table identifies each task, its
completion date and deliverables, if any, and the individuals who will be
responsible for completing the task.
Baldwin Park Five -Year Implementation Plan
I3aldwi7 Park Red vvhplvent,- ggen
Completion Date
Responsible
Task
from Notice to
Deliverables
Party
Proceed
1. Report on 2005 -2009 Plan goals, objectives,
Week 2
John Oshimo
programs and specific projects and how the
programs and specific projects eliminated blight
over the five -year period of time for the Project
Area.
2. Develop ten -year cash flow projection for the
Week 4
Draft projections
John Oshimo
Project Area
3. With Agency staff, develop goals, objectives,
Week 4
Outline of goals,
John Oshimo
programs and specific projects for the Project
objectives,
Area for the Plan
programs and
specific projects
4. Report on 2005 -2009 Plan achievements in
Week 6
John Oshimo and
production and inclusionary housing
Peter Chou
requirements.
5. Develop 2010 -2014 goals, objectives programs
Week 8
Outline of goals,
John Oshimo and
and expenditures to implement legal obligations
objectives,
Peter Chou
related to production and inclusionary housing
programs and
requirements.
specific projects
6. Two (2) Community Meetings. GRC Staff will
Weeks 7 and 8
Power Point
John Oshimo,
provide Spanish translation and interpretation
presentation
Robert Vasquez
services
7. Finalize the draft comprehensive 5 -year
Week 8
Final Financial
John Oshimo
financial plan.
Plan
8. Prepare the Draft Implementation Plan 2010-
Week 10
Draft Plan
John Oshimo
2014 for staff review and comment.
9. Prepare final Draft Implementation Plan 2010-
Week 12
Final Draft Plan
John Oshimo
2014 for Agency review and approval.
10. Prepare staff report, public notices for
Week 12
Public Notice
John Oshimo
newspaper and four posting in the Project Area.
11. Conduct Public Hearing
Week 16
John Oshimo and
Robert Vasquez
I3aldwi7 Park Red vvhplvent,- ggen
GRC Associates, Inc. has provided redevelopment, economic development
and housing consulting services to over 60 cities in southern California.
Continuous experience in redevelopment has kept GRC abreast of the ever -
changing laws and legal interpretations that affect both present and future
projects. In addition, GRC has shown the ability to deal with a variety of
redevelopment, economic development and adaptive re -use projects — i.e.,
residential, commercial and /or industrial uses. Equally impressive is GRC's
ability to complete projects in a cost efficient manner. The large number of
clients who have contracted with GRC on additional projects confirms
evidence of all of these traits.
GRC has provided consulting services to the clients listed below:
. Anaheim
Huntington Beach
Ontario
Artesia
Indio
Pasadena
Azusa
Irwindale
Perris
Bakersfield
La Mirada
Pomona
Baldwin Park
_ I a Puente
Rancho Cucamonga
Brea
La Verne
Redondo Beach
Buena Park
Laguna Hills
Rosemead
Burbank
Lakewood
San Fernando
Claremont
Lawndale
San Jacinto
City of Industry
Long Beach
Santa Clarita
Colton
Loma Linda
Sierra Madre
. Commerce
Los Alamitos
Stanton
Corona
Lynwood
Union City
Cypress
Mission Viejo
Upland
Downey
Montebello
Vacaville
Fullerton
Monterey Park
Vallejo
Garden Grove
Newport Beach
Visalia
Hawthorne
Norwalk
West Covina
Hesperia
Orange
Yorba Linda
Balelwin Park Redewlopment, gen
3
GRC staff has worked on over 20 redevelopment and implementation plans.
Recent examples of projects include:
Five -Year Implementation Plans
• Azusa Implementation Plan 2005 -2009
• Baldwin Park Implementation Plan 2000 -2004
• Claremont Implementation Plan 2005 -2009
• Colton Implementation Plan 2005 -2009
• Lakewood Implementation Plan 2002 -2007
• Montebello Implementation Plan 2005 -2009
• Pomona Implementation Plan 2007 -2012
• Rosemead Implementation Plan 2005 -2009
• Stanton Implementation Plan 2005 -2009 and 2010 -2014
• Yorba Linda Implementation Plan 2005 -2009
Redevelopment Plans
• Baldwin Park: Amendment 2004 to the Redevelopment Plan for the
Central Business District Redevelopment Project Area
• Buena Park: Redevelopment Project Area IV, Amended and Merged
Consolidated Redevelopment Project and the Amendment 2005 for
the Consolidated Project
• Claremont: Claremont Village Redevelopment Project, Amendment
No. 6 (Consolidated Redevelopment Project)
• La Mirada: Redevelopment Project Area No. 4 and the La Mirada
Merged Redevelopment Project Area
• La Puente: La Puente Redevelopment Project Area 2006
• Placentia: Amendment No. 2 to the Placentia Redevelopment
Project Area
• Rosemead: Redevelopment Project Area No. 2
• Stanton: Stanton Consolidated Redevelopment Project Area
Amendment 2006
• Yorba Linda: Amendment 2004 to the Redevelopment Plan for the
Yorba Linda Redevelopment Project Area
Administration and Implementation of Housing Programs
• Costa Mesa: Single Family Housing Loan and Grant Rehabilitation
Program (2006 -2009)
• Huntington Beach: CDBG Housing Rehabilitation Loan Program
(2006 -2010)
• Laguna Hills: 248 -unit Aliso Meadows Condominium Complex
Rehabilitation Program
• Rosemead: First -Time Homeowners Program
Baldylin Park Reda)ehpment Agvi
4
In addition to redevelopment services, GRC also provides: project
development analysis, economic development programs and strategies;
housing element updates, property acquisition and relocation services; general
plans and specific plans, environmental documentation (CEQA); development
agreements involving land sales, property exchanges, ground leases, and
participation; convnunity outreach programs; budgets and financial plans and
economic development business planning, including staffing, work program
and budgets.
References
City of Lakewood
Jack Gonsalves, Director of Community Development (562) 866 -9771
5050 Clark Avenue, Lakewood, CA 90712
City of Pomona
Joaquin Wong, Project Manager (909) 620 -2444
505 S. Garey Avenue, Pomona CA 91769
City of Gardena
Yvonne Mallory, Economic Development Director (310) 217 -9526
1700 West 162 Street, Gardena, CA 90247
Balrlri!in Aark Redo- velraprnva,4 rz:y
5
John Oshimo
Principal -in- Charge and
Project Manager
Robert Vasquez, Principal Peter Chou,
Community Participation Assistant Planner
0 , Housing Program Analysis
The GRC staff assigned to the Implementation Plan has extensive project
management, redevelopment and public participation experience. All persons
identified on this project team are considered key individuals and will be
available for the duration of the project.
The following individuals will act as the core project team:
John N. Oshimo, President of GRC Associates will serve as Principal -in-
Charge and Project Manager. Mr. Oshimo has over 30 years of urban
planning, land use, redevelopment and environmental experience in California.
He has managed redevelopment efforts in the cities of Buena Park, La Puente,
Placentia, Rosemead, Stanton, and Yorba Linda. In addition, Mr. Oshimo was
the project manager in the development of Implementation Plans for the
redevelopment agencies of Colton, Montebello and Pomona. He has also
conducted numerous community meetings related to redevelopment and land
use planning. Mr. Oshimo holds a Masters in Planning from the University of
Southern California and a Bachelor of Arts in Geography from the University
of California, Los Angeles.
13aldm irr P�irk Redeve1op1 erat, tg Y
Robert G. Vasquez, has prepared numerous economic and financial analyses
for public and private organizations. In addition, he has extensive real estate
development consulting work experience. Examples of some of the
consulting services completed included development feasibility, financial
analysis, site selection, appraisal reviews and preliminary valuation studies.
The types of work completed included development of economic strategies,
market research, project feasibility analysis, highest and best use, site location,
retail leakage and preliminary valuation studies. Mr. Vasquez is a graduate of
the University of Southern California — Bachelor of Science, Columbia
University — Masters of Business Administration, and Harvard University —
Masters Public Administration.
Peter Chou, Assistant, has assisted in preparing the 2007 Housing Element
Update for the City of Lakewood and Gardena. He has conducted blight
surveys and has prepared environmental documents. He holds a Bachelor of
Arts in Business Administration from the University of California, Riverside
and a Masters in Planning from the University of Southern California.
Baleb)in Park, Kedei elrjplwtlt, 4ve
The hourly rates for GRC Associates, Inc. are as follows:
Principal $160.00
Principal -1 $140.00
Analyst $70.00
Administrative Assistant $55.00
Out of pocket expenses include travel, lodging, third -party data, but exclude
printing, telephone and typical office expenses. Out of pocket expenses are
billed at 120% of direct costs.
B aIA,iii Park, Redevelaif lwa tverig
8
The total not -to- exceed cost of the project is $16,400. This cost providing the
scope of services from the notice to proceed to Implementation Plan
adoption. Factors that would increase the estimated cost include: attendance
at more than two (2) community meetings and at more than one (1) formal
public hearing; printing of additional copies of reports and major changes in
the project requiring reanalysis or rewriting of report sections. We would
propose to negotiate additional work items on a time- and - material basis with a
not -to- exceed amount, if necessary.
The following presents the estimated cost to complete the proposed project:
Proposed Cost Estimate
Baldwin Park Implementation Plan 2010 — 2014
Task - Document — Action
Fee
Task 1:
Report on previous 2005 -2009 Plan to eliminate
blight
$ 17500
Task 2:
Five -year cash flow
2,000
Task 3:
Develop goals, objectives, programs and specific
projects for 2009 -2014 Plan
2,000
Task 4:
Report on previous 2005 -2009 Plan
achievements in housing production objectives
1,500
Task 5:
Develop housing goals and legal obligations
2,250
Task 6:
Community Meetings (2 meetings)
1,600
Task 7:
Finalize Financial Plan
1,750
Task 8:
Prepare Draft Implementation Plan 2010 -2014
1,500
Task 9:
Finalize Draft Implementation Plan
1,250
Task 10:
Staff Report & Public Notice
250
Task 11: Conduct Public Hearing
500
Sub -total
$ 16,100
Indirect & Reimbursable Costs
300
TOTAL
$ 16,400
Baldvrin Park KedevelUprnenlA; env ° %
Urban Futures, Inc. Proposal
July 15, 2009
Mr. Melecio Picazo
City Manager
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
Re: Proposal for Preparation of a Redevelopment Implementation Plan
Dear Mr. Picazoe
I am pleased to forward you UF1's proposal and statement of qualifications to prepare the 2010-
2014 Implementation Plan for the Baldwin Park Community Development Commission. We feel
that Urban Futures, Inc. offers you the best expertise as the new Implementation Plan will build
on the 2005 -2009 Five -Year Implementation Plan which UFIJGRC prepared for you in 2004. As
you will recall, UFIIGRC also assisted the CDC with two of its redevelopment plan amendments.
As such, our staff is very familiar with the CDC, its project areas and history.
Having worked with over 150 different agencies since its inception in 1975, UFI has a proven
track record of meeting its clients' needs in a cost effective and timely way. We are confident
that our intimate knowledge of California Community Redevelopment Law and the extensive
experience and capabilities of our professional staff in all aspects of redevelopment
administration will continue to be. of significant assistance to Baldwin Park. Given our
qualifications, we believe we are uniquely able to provide the needed consulting services in an
innovative, comprehensive and effective manner.
As managing principal, I will manage the overall planning program. Mr. Holliman will be
available on a day -to -day basis and will be the primary points of contact. Ms. Wolf will assist
Mr. Holliman in project research and financial analysis. Mr. Glover will be available at all times
to assist in the project, to work with the community, and to make presentations.
We look forward to assisting Baldwin Park with respect to this important endeavor. If you have
any questions or need additional information, please contact me at (714) 283 -9334.
Sincerely,
URBAN F URES, INC.
rnest W. Glover
Managing Principal
Enclosures
3111 N. Tustin, Suite 230 Orange, CA 92865 -1753 ° (714) 283 -9334 Business • (714) 283 -5465 FAX
PROPOSAL
FOR '' ` • OF
REDEVELOPMENT
IMPLEMENTATION PLAN
BALDWIN PARK COMMUNITY DEVELOPMENT
(' ne Aft AIQQI nnI
vvrouviiooww
July 15, 2009
Urban Futures, Inc.
3111 North Tustin Street, Suite 230
Orange, CA 92865
(714)283 -9334 • FAX (714)283 -5465
www.urbanfuturesine.com
Baldwin Park Community Development Commission
Proposal for Redevelopment 5 Year Implementation Plan
Urban Futures, Inc. ( "UFI ") is pleased to submit this proposal for the preparation of the 2010-
2014 Implementation Plan (the "Implementation Plan ") for the Baldwin Park Community
Development Commission (the "CDC ") pursuant to all applicable provisions of the California
Community Redevelopment Law ( "CCRL "; Health and Safety Code Section 33000 et seq.),
most specifically, CCRL Section 33490. CCRL Section 33490, among other requirements,
obligates redevelopment agencies to prepare new implementation plans, conduct a public
hearing for the purpose of reviewing redevelopment programs, projected expenditures, and
corresponding goals and objectives, and to generally evaluate the progress of ongoing
redevelopment projects.
UFI's staff comprises a team of highly skilled professionals able to handle assignments ranging
from site - specific developer negotiations to community -wide development strategies,
redevelopment plans, grant programs, entitlement processing, financial advisement, affordable
housing programs, and economic development implementation strategies. Ernie Glover, Al
Holliman and Eva Wolf represent the key professional staff who will be assigned to work with
the CDC on this assignment. Ernie Glover will serve as the Managing Principal in charge of this
engagement. An overview of the experience and education of our key staff is provided below.
Other staff members will be used as necessary.
ERNEST GLOVER, Managing Principal
Ernest Glover joined UFI after 14 years as President of GRC Redevelopment Consultants, Inc.
He has been responsible for the adoption and /or amendment of over 200 Redevelopment Plans
and Implementation Plans throughout California, which include two amendments for Baldwin
Park. Mr. Glover has extensive experience in both the public and private sectors through work
on environmental impact reports and specific plans. His in -depth understanding of
redevelopment policy, urban design and its practical implementation is an invaluable
contribution to planning and design projects. Prior to joining GRC, Mr. Glover was a Senior
Associate for POD /Sasaki in charge of the specific planning, environmental and recreational
planning studio. Earlier, he was an Associate for Haworth & Anderson. He gained public sector
planning experience at the Cities of San Clemente, Garden Grove, and Simi Valley. He has
managed over 50 major studies and planning efforts in the fields of redevelopment planning,
specific plans, environmental analysis, land use planning, housing, economics, land use
regulation and recreation.
Education: Master of City Planning from San Diego State University; Bachelor of Arts in Political
Science and Sociology, with honors, from the University of California at Santa Barbara; Post
graduate studies completed at the University of Southern California.
AL HOLLIMAN, Principal
Al Holliman specializes in bond financings, economic development, redevelopment, and
housing. AI enjoyed a successful 33 year career in state and local government before joining
Urban Futures in late 2006. His career consisted primarily of assistant city manager, finance,
July 2009
-1-
Baldvilin Pardo Community Development Commission
Proposal for Redevelopment 5 Year Implementation Plan
and redevelopment administrative positions. As such, he has extensive experience in municipal
finance, economic development, redevelopment, and housing, which includes lead issuer
responsibilities for over $600 million in tax exempt debt offerings. He also has demonstrated
experience developer negotiations, development agreements, and capital project administration.
Mr. Holliman is a certified public accountant and received his Bachelors in Business
Administration from Cal State Fullerton and his Masters in Management from Claremont
Graduate University. He is currently in Doctoral Studies at the University of Maryland and has
taught government finance and economic development courses in the California State
University system since 1998.
EVA WOLF, Senior Planner
Eva Wolf has been involved in all aspects of public finance, including special tax bonds, 1915
Act assessment district bonds and tax allocation bonds. Mrs. Wolf has served as a project
manager and closing coordinator on numerous financings for cities, redevelopment agencies
and counties and is proficient in Munex, the municipal security industry's premier bond sizing
software. She is experienced in the compilation and composition of the redevelopment fiscal
consultant report, a key component of the preliminary and final official statement for
redevelopment financings as well as credit packages for rating agencies. Mrs. Wolf is
particularly proficient in the field of continuing disclosure, the issuer's on -going reporting
nhlinnfinne fnr outstanding debt. She is active in new buSinecs dP.VPInnmp-rit and client relatinns
with respect to continuing disclosure services. Ms. Wolf has been involved in the
redevelopment consulting services, with respect to the preparation of AB1290 updates and plan
adoptions. She has served as project manager for first time homebuyer programs such as
mortgage credit certificates, mortgage revenue bonds and redevelopment low /mod housing set
aside funds. She has served as project manager for multifamily housing programs, such as
Low Income Housing Tax Credits and Multifamily Tax Exempt Bonds. She has been with Urban
Futures since 1995.
Education: Ms. Wolf earned a Bachelor of Science Degree from the University of Redlands in
Business Management, with a Finance emphasis.
The Baldwin Park Community Development Commission was activated in July 1974.
The City Redevelopment program officially began in 1976 with the adoption of its first
Redevelopment Plan for the San Gabriel River Redevelopment Project.
The San Gabriel River Redevelopment Project was adopted December 2, 1976. The
Puente - Merced Redevelopment Project was adopted on August 16, 1978, and amended
on June 16 and December 5, 1984. The West Ramona Redevelopment Project was
adopted on September 6, 1979 and amended on September 19, 1984. The Central
Business District Redevelopment Project Area was adopted February 3, 1982, and
amended on May 19, 2004. The Delta Redevelopment Project Area, adopted on
December 21, 1983. The Sierra Vista Redevelopment Project Area, adopted on July 2,
1986 and amended on December 3, 1997.
July 2009
-2-
Baldwin Park Community Development Commission
Proposal for Redevelopment 5 Your Implementation Plan
• The Implementation Plan should serve as a history of the CDC's accomplishments to
date, and a description of its intentions going forward over the next five years.
• UFI will use the 2005 -2009 Implementation Plan as the basis for preparing the 2010-
2014 plan. We currently have background documentation in our offices, which will
reduce research costs and time.
The Scope of Work described below will be conducted in close cooperation with the staff.
TASK 1 PROJECT INITIATION AND ORGANIZATION
Task 1.1 Hold initial meeting with CDC staff to identify program priorities and goals, review
community issues, tour the Project Areas, establish expectations, and set up lines
of communications.
Task 12 Work with appropriate CDC /City staff to identify, collect, and review all pertinent
information and data sources necessary to complete this Scope of Work (also
referred to herein as the "Project "). UFI will give CDC staff a list of additional data
needs at the Task 1.1 initial meeting.
Task 1.3 Prepare detailed program schedule to include a production, meeting and hearing
schedule.
Task 1.4 Tour the Project Areas to generally identify and generally map remaining conditions
of physical and economic blight. Property value trends also will be evaluated if the
data are available. This is intended as a generalized survey to describe existing
conditions in the Project Areas, rather than to prepare detailed studies appropriate
for Project Areas adoption or amendments.
Task 1.5 As necessary and directed by Baldwin Park staff, UFI will participate in up to two (2)
staff meeting in Baldwin Park with the appropriate /designated staff members for the
purposes of facilitating Project management, providing Project status updates,
reviewing data collection /analyses, and related work tasks.
TASK 2 GENERAL REDEVELOPMENT IMPLEMENTATION ACTIVITIES
Task 2.1 Identify and evaluate specific CDC projects and programs ( "Activities ") that the CDC
has completed or initiated during the current planning period (2005 -09) and during
the Mid -Plan Report period. Both general redevelopment Activities and those
funded from LMI Housing Fund monies will be identified and evaluated. UFI will
establish and document the required ongoing nexus between CDC activities and
blight reduction in the Project Area(s).
Task 2.2 Review and compare the goals and objectives in the current Implementation Plan
July 2009
-3-
Baldt ,vin Park Community Development Commission
Proposal for Redevelopment 5 Year Implementation Plan
and Mid -Term Report with the status of Activities evaluated as a part of Task 2, and
then work with appropriate CDC staff to complete the following: i) analysis and
description of the CDC's success in meeting its present goals and objectives; ii)
develop goals and objectives for the 2010 -2014 Implementation Plan, which could
include any unmet objectives (or goals) contained in the last Implementation Plan
and Mid -Term Report; and iii) as necessary, make recommendations as to how the
CDC might be more effective in achieving existing or new goals and objectives.
Task 2.3 For general redevelopment fund Activities, track actual CDC receipts and
expenditures; determine and explain any significant divergence between actual and
projected receipts and expenditures.
TASK 3 LOW AND MODERATE INCOME (LMI) HOUSING IMPLEMENTATION
PROGRAM
Task 3.1 For LMI Housing Fund activities, track actual CDC receipts and expenditures over
the past five years, and determine and explain any significant divergence between
actual and projected receipts and expenditures.
Task 3.2 For LMI Housing Fund Activities proposed to be completed during the term of the
2010 -2014 Implementation Plan, work with appropriate CDC staff to establish
planning Cycle income and exrnar�dit�wrec fnr iriantified projects on an nnnwial hacic to
establish compliance with CCRL Sections 33334.2 and 33334.4.
Task 3.3 In accordance with CCRL Section 33334.4, evaluate CDC 10 -year expenditure
requirements; and determine the appropriate ratio between LMI Housing Fund
expenditures for assistance to housing units which are unrestricted by age of
resident and the housing units which could be restricted to persons over the age of
65 years, utilizing the latest (2000) US Census Bureau data, or ACS annual updates
as available.
Task 3.4 In accordance with all aspects of CCRL Section 33413, track and record on UFI
developed schedules, CDC inclusionary and replacement housing compliance.
Complete an inventory of housing units assisted, and to be assisted with funds from
the LMI Housing Fund, which have rent and income restrictions within and outside
of the Project Areas. (As an additional service, UFI can assist the CDC in meeting
its AB987 requirements. See Task 3.9, below.)
Task 3.5 Based upon information compiled in Task 3.4, determine whether the CDC is in a
deficit or surplus unit(s) position in either of the inclusionary or replacement housing
categories, and how either of those positions will affect the CDC during the term of
the 2010 -2014 Implementation Plan, subsequent five year planning cycle, and life of
the plan(s) as appropriate.
Task 3.6 Determine whether the CDC has an "excess surplus" (as defined under CCRL
Section 33334.12(g)(1)) in its LMI Housing Fund, and how that position will affect
the CDC's long -term, overall fiscal position pursuant to CCRL Sections 33334.10
and 33334.12.
Task 3.7 In conjunction with Tasks 3.4, 3.5 and 3.6, evaluate the CDC's position with respect
July 2009
-4-
Baldwin Park Community Development Commission
Proposal for redevelopment 5 Year Implementation Plan
to housing affordability covenants (pursuant to both CCRL Sections 33334.3 and
33413), and whether or not the CDC has adequate units which are subject to
appropriate covenants. If the CDC has, or is projected to have an inclusionary or
replacement housing deficit, identify the number and type of housing units needed
to erase the deficit during the five -year term of the Implementation Plan and the
subsequent five -year planning cycle or longer, as appropriate.
Task 3.8 Determine how known, proposed housing development projects and land use
changes (residential) may affect the CDC's future inclusionary and replacement
housing obligations, vis -a -vis life of the Plan(s) and next ten year periods.
Task 3.9 As an optional service, UFI can assist with on -going monitoring and compliance of
Affordable Housing Inventory in accordance with AB 987. An initial review of
Baldwin Park's web site shows that the required on -line summary of price- restricted
housing is available.
Work elements would include: obtain copies of recorded affordable covenants,
calculation of affordability period, prepare an inventory of affordable units including
address and parcel number of the property, number of units (including bedrooms),
year of construction, date of affordability covenant, document number of recnrrling
expiration date of covenant or restriction and date, posting of affordable inventory
on Agencies website, annual update of affordable inventory, and preparation of
rem iirnd Plntirn of Affnrulahle Reetrirtinn fnr frnnefer of Affnrdable projects. han
TASK 4 PLAN PREPARATION AND ADOPTION
Task 4.1 Prepare a draft Implementation Plan for staff review and comment. After staff
review is complete, UFI will prepare a second review draft for Baldwin Park staff to
verify. Following CDC review of the second draft of the Implementation Plan, UFI
will prepare a final draft for public review. Ten copies of this draft plus electronic
versions will be delivered. Also, an adopting resolution and staff report will be
delivered to the CDC.
Task 4.2 Identify the fiscal year in which various time limits are expected to expire. These
limits include limits on the commencement of eminent domain; time limits for
incurring of debt; time limit for the effectiveness of the redevelopment plan and its
amendment area(s), and the time limit for repaying debt from tax increment
proceeds.
Task 4.2 Prepare public hearing notice for staff review and comment. Implementation Plan
adoption procedures include a noticed public hearing, which notice must be posted
in a minimum of four (4) locations in the Project Areas. These postings must be for
a minimum of three (3) weeks ending at least ten (10) days prior to the CDC's
hearing. Also, the notice for the hearing needs to be published once a week for
three (3) weeks in a newspaper of general circulation. The initial notice must be
published no fewer than thirty -one (31) days prior to the hearing.
Task 4.3 Prepare for, attend and present the completed Implementation Plan at the required
public hearing. UFI will prepare a PowerPoint background briefing for the CDC
Board and City Council, to include a brief history of the Project Areas,
July 2009
-5-
Baldwin Park Community Development Commission
Proposal for Redevelopment 5 Year Implementation Plan
accomplishments over the past five years, proposed redevelopment programs and
projects, and a summary of the housing program.
Task 4.6 Upon adoption of the Implementation Plan, UFI will prepare and deliver to Baldwin
Park five bound copies of the Implementation Plan; one electronic version in Word
and Excel format; and an electronic version in PDF format.
Based on the above Scope of Services, UFI will complete the Implementation Plan in a
condition ready for public hearings within approximately five (5) months from receiving a notice
to proceed. The accomplishment of this schedule is dependent on the full cooperation of the
CDC /City appropriate /designated staff.
The following is a preliminary schedule. A refined production schedule will be prepared as part
of Task 1.
Week
Task
1 and 2
TA .RK 1 _ Project Initiation and Organization
2 through 10
TASK 2 — General Redevelopment Implementation Activities
4 throuah 12
TASK 3 — Low and Moderate Income Housing Implementation Program
12 through 20
TASK 4 — Plan Preparation and Adoption
UFI will accomplish the Scope of Work, subject to the conditions described in this proposal, for a
fixed Professional Services Fee of $19,000.
The Professional Services Fee does not include out -of- pocket expenses that may be incurred
during the accomplishment of the Scope of Work. Out of pocket expenses include, but are not
limited to all other necessary materials, supplies, services, printing, postage electronic data files,
travel, etc. All out -of- pocket expenses shall be charged on an actual cost basis, plus 10 %.
For budgetary purposes, UFI recommends that the CDC set -aside an estimated $1,000 to cover
out -of- pocket expenses. Therefore, the total recommended budget for the Scope of Work
described above, with an estimated allocation for out -of- pocket expenses, is $20,000.
Further, in the event that the CDC requires any services that are in addition to the Scope of
Work, such additional services will be charged on an actual cost basis at the following rates:
Managing Principal
$
195.00
Principal
$
175.00
Senior Planner
$
120.00
Planners
$
95.00
Associate Staff
$
75.00
Assistant/Technician
$
55.00
Administrative
$
45.00
July 2009
-6-
�MMJINMM
Tierra West Advisors, Inc. Proposal
TIERRAWEST
A D V I S 0 R
June 22, 2009
Mr. Melecio Picazo, Redevelopment Manager
Baldwin Park Community Development Commission
CITY OF BALDWIN PARK
14403 East Pacific Avenue
Baldwin Park, CA 91706
Dear Mr. Picazo:
Tierra West Advisors, Inc ( "Tierra West ") is pleased to submit the following budget and
schedule to prepare a Five Year Implementation Plan ( "Plan ") for the Community Development
Commission of the City of Baldwin Park ( "Commission "). The 2009/10 to 2013/14
Implementation Plan will incorporate the Commission's two (2) redevelopment project areas
the Central Business District Project Area and the Merged Project Area (encompassing the San
Gabriel River Project Area, Puente /Merced Project Area, West Ramona Project Area, Delta.
Project Area and the Sierra Vista Project Area).
Tierra West will prepare the Plan pursuant to Sections 33334.2, 33334.4, 33334.6, 33413(a),
33413(b) and 33490 of the Health and Safety Code. Tierra West has extensive experience
preparing 5 Year Implementation Plans, 10 Year Housing Compliance Plans, mid -Year reviews
of 5 Year Implementation Plans and amendments to 5 Year Implementation Plans. The Tierra
West team assembled for this assignment is readily available to work with the Commission to
provide the necessary services to complete the Plan.
Michael Garcia will serve as Principal -in- charge and facilitate all City Council /Commission
Board meetings. Mr. Garcia will be supported by Ms. Zoe Urrutia - Senior Analyst, who will
serve as Project Manager for this assignment handling all coordination with Commission staff
during this engagement. Mr. Blake Hopkins - Analyst will conduct property data
collection /analysis.
.. 261E c.._. __
1' X23; 265
! 323.;25.1 3673
REk r7 ,A`= VELOPME14T
ONYULIIANIS
Mr. Melecio Picazo, Redevelopment Manager
Baldwin Park Community Development Commission
5 Year Plan Proposed Budget and Schedule
Page 2 of 3
Tierra West proposes to provide services to complete the Plan on the actual time and materials
spent for an amount not -to- exceed $20,080. The detail is provided on the following page with
hourly detail, by task and assigned project team member.
Tierra West will work diligently to meet the following schedule:
Please feel free to contact me should you have any questions regarding this proposed budget
and schedule.
Sincerely,
Mike Garcia, Principal
TIERRA WEST ADVISORS, INC
' TIERRAWEST
A D V I S O R S
BUDGET
PROPOSAL FOR FIVE YEAR IMPLEMENTATION ENTATION PLAN SERVICES
City of Baldwin Park - Community Development Commission
TIERRAWEST
A D V I S 0 R S
5 YEAR PLAN PROPOSED BUDGET
Task No.
Scope of Service
Staff
Hours
Rate
Amount Subtotal amount
Principal (MG)
3
195
$585
1
Scoping Meeting with Staff
Senior Analyst (ZU)
0
160
$0
Analyst (BH)
3
115
$345
$930
Data Collection of past studies,
Principal (MG)
1
195
$195
2
plans, building permits and
Senior Analyst (ZU)
4
160
$640
affordable housing agreements.
Analyst (BH)
2
115
$230
$1,065
Data Analysis to determine
Principal (MG)
2
195
$390
3
development & public
Senior Analyst (ZU)
8
160
$1,280
infrastructure needs.
Analyst (BH)
6
115
$690
$2,360
Data Analysis - Tax Increment
Principal (MG)
1
195
$195
4
Projections and Agency
Senior Analyst (ZU)
4
160
$640
Financial Analysis.
Analyst (BH)
2
115
$230
$1,065
Replacement housing
Principal (MG)
1
195
$195
5
anticipated & resulting from
Senior Analyst (ZU)
6
160
$960
previous projects.
Analyst (BH)
3
115
$345
$1,500
The "inclusionary" requirement
Principal (MG)
1
195
$195
6
based on the residential units
Senior Analyst (ZU)
6
160
$960
that have or will be created.
Analyst (BH)
2
115
$230
$1,385
Dwelling units destroyed or
Principal (MG)
1
195
$195
7
removed by the Agency since
Senior Analyst (ZU)
6
160
$960
adoption, by income level.
Analyst BH
3
115
$345
$1,500
Agency and non - Agency
Principal (MG)
1
195
$195
8
developed dwelling units built
Senior Analyst (ZU)
6
160
$960
since adoption by income.
Analvst (BHl
3
115
$345
$1,500
Identify rehabilitated dwelling
Principal (MG)
1
195
$195
9
units since adoption by income
Senior Analyst (ZU)
6
160
$960
categories.
Analyst (BH)
1
115
$115
$1,270
Units privately developed and
Principal (MG)
1
195
$195
10
rehabilitated over 5 years, 10
Senior Analyst (ZU)
4
160
$640
years, and life of the Project
Analyst (BH)
2
115
$230
$1,065
Agency units developed &
Principal (MG)
1
195
$195
11
rehabilitated over 5, 10 years, & Senior Analyst (ZU)
4
160
$640
life of Projects by income.
Analyst (BH)
2
115
$230
$1,065
Prepare the report and identify
Principal (MG)
4
195
$780
12
the percentage of residents
Senior Analyst (ZU)
8
160
$1,280
over 65 years of age.
Analyst (BH)
8
115
$920
$2,980
Prepare the notice, staff report
Principal (MG)
1
195
$195
13
and resolution.
Senior Analyst (ZU)
2
160
$320
Analyst (BH)
2
115
$230
$745
Prepare and present a
Principal (MG)
4
195
$780
14
presentation for the Adoption
Senior Analyst (ZU)
4
160
$640
Meetings
Analyst (BH)
2
115
$230
$1,650
Subtotals
132
$
20,080
TIERRAWEST
A D V I S 0 R S
VVI"""' "I I T L!_r v:LUNMtN I
TO: Honorable Chairman and Members of-the Commission
FROM: Vijay Singhal, Executive Director
DATE: August 5, 2009
SUBJECT: Consideration of an Exclusive Negotiation Agreement with Olson
Land Projects, LLC for a potential downtown revitalization project.
uvmaaggl�
To consider an Exclus1VP Negotiation Agreement (ENA), for a total period of 20 months
(with three possible 60 -day extensions) with Olson Land Projects, LLC, for a potential
downtown revitalization project.
-•
It has been a vision of the City Council and Community Development Commission
(CDC) to revitalize the downtown into an exciting and vibrant urban center with quality
retail, dining, shopping and other amenities. Often community members have to go to
other communities for their shopping, dining and entertainment needs. This results in a
significant tax leakage. As a result, even though the City of Baldwin Park ranks 24th
among the cities in the Los Angeles County in terms of population, we rank far below at
64 in terms of per capita sales tax. Our per capita sales tax is only about 55% of the
average of other cities in the County. These statistics suggest that we have significant
sales tax leakage annually. This is the money that our residents might be spending at
other cities. There is a need to capture some of this leakage to provide additional
resources to improve City services and the quality of life in the community. A quality
mixed use development is expected to attract retailers, entertainment, dining and
housing opportunities, provide better land utilization and project economics and help the
City boost its economic base by capturing some of this sales tax leakage.
Our downtown is fiscally disadvantaged due to lack of growth and development. While
there are several shops and stores, the land is underutilized and tax revenue is
significantly lower than other shopping centers in the City. The average sales tax per sq.
ft. generated by other shopping centers in the city is much higher than the average
sales tax per sq. ft. generated by the Park Plaza shopping center in the downtown, even
after factoring a grocery store sales tax. This proves that there is a need and an
opportunity to improve the City's economy and amenities available to the community
through revitalization and redevelopment.
The City has demonstrated and proven that quality developments through revitalization
and redevelopment of fiscally distressed areas can transform a community. In the past
developments such as Walmart, Home Depot, Target, Smart & Final have transformed
Olson Land Projects ENA
August 5, 2009
Page 2 of 5
blighted areas into vibrant economic centers. The City of Baldwin Park's downtown is
strategically located within 17 miles to the downtown Los Angeles. Its proximity to City
Hall, a network of freeways and access to Metrolink offers significant opportunity for
growth and development. Market studies have identified good business opportunities
for new businesses that the City seeks.
Staff believes there is tremendous opportunity to improve the downtown and generate
much greater economic opportunity for the community as well as provide amenities that
are currently lacking in the City and desired by most residents. In 2006, staff was able
to attract Bisno Development Company (BDC), which proposed a major redevelopment
project in the City. Over the next two years, BDC and City staff explored the scope of a
feasible project. BDC invested a significant amount of effort and money during that
time; however, the economic downturn caused BDC to discontinue pursuit and
finalization of that development plan.
Despite that economic downturn, the downtown remains a very viable development
opportunity because of the many positives discussed earlier. A mixed -use development
offers even greater opportunity than a traditional development. As a result of these
numerous positive factors, staff has been able to attract another qualified developer.
The Olson Company sees opportunity in Baldwin Park and is interested in entering into
an ENA for the development of a viable and exciting downtown project.
DISCUSSION
The Olson Company (Olson), based in Seal Beach, CA, is a developer that has helped
revitalize communities in California since 1988. The company is recognized as a LEED
(Leadership in Energy and Environmental Design) certified builder by the U.S. Green
Building Council and received several regional and national awards including "America's
Homebuilder of the Year ". Olson is dedicated to building environmentally sensitive
development which combines innovative design with quality material to ensure
sustainable "smart environment" and a vibrant urban lifestyle offered with a wide range
of housing choices.
Olson has successfully partnered with over 70 California cities, including Claremont,
Covina, West Covina, Irwindale, El Monte and Pomona in the San Gabriel Valley. With
its past experience, the Company understands that successful redevelopment requires
a committed partnership between the property owners, the City, and the developer,
along with support from the community.
Olson shares the City's vision of a revitalization project in the core of our downtown to
enhance the City's economic base by capturing retail sales leakage and generating
additional tax revenues to fund public services. It also sees the framework to provide a
high quality of life by generating additional recreational, shopping, dining and
entertainment opportunities, as well as creating housing that caters to the varying needs
of young professionals, seniors and working families.
The new mixed -use development will create good- paying jobs, increase tax revenues
Olson Land Projects ENA
August 5, 2009
Page 3 of 5
and serve as a catalyst for future redevelopment in the City. If carefully planned, the
City's Downtown area could become the nucleus and incubator for quality
developments of the various opportunity sites within the City by attracting business
investment and growth.
Because of high cost of fuel, traffic delays and other health and environmental impacts,
there is a shift towards transit - oriented developments, such as developments which
eliminate and reduce driving by providing shopping and dining amenities in close
proximity to residents. The City's downtown offers tremendous opportunity for a transit -
oriented development. The City has been successful in securing approximately $7
million in grants from Federal and State Governments for construction of a transit center
parking structure to promote use of public transportation (Metrolink) and to support a
transit - oriented development to capitalize on the proximity of downtown to the Metrolink.
Pedestrian friendly walkways connected to satellite public parking structures /lots are
expected to promote healthy living. It is anticipated once complete, the new
development should offer most amenities either within the project or in close proximity
and elevate Baldwin Park to a place of choice that will offer a unique environment to
live, work and play.
The project site under consideration by this ENA is about 19.8 acres (see Exhibit A in
the Attachment) generally bounded by Palmrose Street to the north, Bogart Avenue to
the east and south, and Maine Avenue to the west, not including the properties at
Southwest corner of Bogart and Ramona Avenues.
The major objective of the ENA is for the City and Olson to develop a practical and
implementable scope for a project, which will revitalize our downtown. The ENA
emphasizes exploring partnerships /collaborations with stakeholders, other partners
such as non - profits and /or other specialty development partners. During the first phase
of the ENA, Olson is expected to conduct outreach with the community and all
stakeholders.
Following is a brief summary of the major parameters of the proposed ENA:
Develop an outreach program (to work with property owners, businesses,
tenants and other stakeholders in the project site) and explore potential
partnerships, collaboration and joint ventures. Olson shall also conduct outreach
in the community to gather community expectations and input. Olson shall seek
input from all stakeholders and assess its findings in the pursuit of formulating a
potential downtown revitalization project;
Identify development opportunities within the project area and define the
scope of a potential downtown revitalization project to: eliminate blight, remove
barriers to economic opportunities, create a critical mass for future development
and growth;
■ Identify a range of development and phasing options and make
recommendations on whether they are viable, practical and feasible to fulfill the
Olson Land Projects ENA
August 5, 2009
Page 4 of 5
City's revitalization goals for downtown;
■ The term of the ENA is broken down into three major periods with deliverables
as follows:
o First Period of 240 days with a potential 60 -day extension:
Olson shall conduct a comprehensive public outreach process and seek
community and stakeholder input to develop a proposed scope of
development.
o Second Period of 180 days with a potential 60 -day extension:
Olson shall prepare a Specific Plan and a financial feasibility study
o Third Period of 180 days with a potential 60 -day extension:
Preparation of all California Environmental Quality Act (CEQA)
compliance documents.
Olson will be expending a minimum of $50,000 during each Period. That total
minimum of $150,000 would be in lieu of the typical "good faith deposit" the CDC
requires from developers. Staff believes due to the current economic climate it
would be unreasonable and counter - productive to require the developer to
expend the $150,000 plus a good faith deposit. Except for time and efforts of
CDC Staff and general counsel and some possible printing, mailing and other
minor costs, no direct CDC costs are anticipated during the various phases of the
ENA.
During the ENA period, the CDC will not be permitted to discuss possible
development of the proposed project area with any other developer. However,
the CDC and City will retain the authority to review and consider proposals
submitted by existing property owners and tenants for possible development of
their properties.
In addition, although ENA's usually include language that allows a prevailing party in a
lawsuit regarding the ENA to recover attorney's fees, the likelihood of the CDC needing
to bring an action against Olson related to the ENA is very minimal. In addition, Olson
has a reputation of not bringing an action against public entities it has contracted with
and each party is expressly releasing the other from any damages that could arise from
the ENA. Based on the foregoing and in response to Olson's request, this ENA does
not include a provision for a prevailing party to recover attorney's fees.
Throughout the ENA period, Olson is committed to meet with the community to
understand their expectations, concerns and views and to incorporate them, as
reasonably feasible, into the project planning process and ultimately negotiate a
Disposition and Development Agreement (DDA) or Owner Participation Agreement
(OPA) for CDC consideration. If approved, then that agreement will govern the CDC's
and Olson's rights and obligations for exploring and considering a master plan for a
portion of the downtown area.
Olson Land Projects ENA
August 5, 2009
Page 5 of 5
IgZCCYA0 N ZU /I l
Commission General Counsel has reviewed and assisted with drafting the proposed
ENA.
FISCAL IMPACT
There is minimal fiscal impact as a result of this ENA. CDC will not hire or engage any
consultants. CDC costs will be in the form of staff time, minimal legal counsel costs as
well as some costs of office supplies. These costs will be absorbed within existing
budgets with no additional impact on the General Fund. The long term benefits of the
project will far outweigh these costs.
Staff recommends the Community Development Commission approve the proposed
Exclusive Negotiation Agreement with Olson Land Projects, LLC, and authorize the
Chairman to execute the Agreement.
1) Attachment A: Proposed Exclusive Negotiation Agreement
2) Attachment B: Marketing Information from The Olson Company
Proposed Exclusive Negotiation Agreement
EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (` ENA ") is entered into by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN
PARK, a public body, corporate and politic (the "Commission ") and OLSON LAND PROJECTS,
LLC, a California limited liability company ( "Developer ") under the terms and provisions set forth
below.
WHEREAS, in furtherance of the goals and objectives of the Redevelopment Plan for the
Central Business District and Sierra Vista Redevelopment Project areas (collectively, the "Project
Area "), which was adopted and amended by ordinances of the City Council of the City of Baldwin
Park (the "Redevelopment Plan "), incorporated herein by this reference, and the Community
Redevelopment Law of the State of California (California Health and Safety Code § §33000, et seq.),
Commission and Developer desire to enter into negotiations concerning the development of certain
land (defined below as the "Project Site ") related to the Redevelopment Plan; and
WHEREAS, it is the Commission vision to revitalize Downtown Baldwin Park as a vibrant
mixed -use pedestrian oriented urban village with sidewalk cafes, choice of residential living,
entertainment facilities, new retail opportunities, public parking, tree lined streets with fountains,
artscapes and amenities which offer exciting opportunities for community members and visitors to
gather and have a quality time; and
WHEREAS, the vision for Downtown Baldwin Park is further established in the 2020
General Plan Goal and Policies for Downtown Baldwin Park as a pedestrian- friendly mixed -use
environment with link between the Metrolink station and downtown; and
WHEREAS, the goals and objectives of the Redevelopment Plan and the goal and Policy of
the 2020 General Plan for Downtown Baldwin Park has not yet been realized and the area is still
challenged with a lack of commercial and residential investment evidenced by high underutilization
of prime commercial land, lower than average per square foot lease /revenue, underperforming retail
outlets, and a general lack of pedestrian amenities; and
WHEREAS, the potential Downtown revitalization project must generate sufficient retail,
commercial and residential opportunities to provide a strong employment base in the City by creating
new higher- paying jobs and attracting people to shop in the City; and
WHEREAS, the Project Site is approximately 19.8 acres and completely within the Project
Area and is designated as such on the Project Site Map ( "Exhibit A "); and
WHEREAS, the Developer has substantial experience in scoping, planning and implementing
downtown revitalization project, and
WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide
- 1 -
Developer an opportunity to develop, refine, and analyze a redevelopment proposal to accomplish
the objectives described in Paragraph 1, below.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, Commission and Developer hereto mutually agree as follows:
1. PURPOSE
The purpose of this ENA is to provide for the negotiation by the parties of a potential
Downtown revitalization project including, among other things, the following:
A. To allow Commission and Developer to identify development opportunities within
the Project area and define the scope of a potential downtown revitalization project in
accordance with the Commission vision, Redevelopment Plans and the General Plan,
to:
a. Eliminate existing physical, economical, and social blight in the downtown area
and thereby removing barriers to economic opportunities and enhanced revenues
generating commercial activity;
b. Create a critical mass sufficient to serve as an incubator for development and
J the
.tv•
growth in the downtown and tits l oti uiiuiu ��,
c. Bring about the development of a pedestrian- oriented master- planned downtown
urban village area with significant public amenities and infrastructure,
transportation and parking facilities, entertainment, retail, commercial, office and
residential uses and signage; and,
d. Create a pedestrian- and transit - oriented village along the Metrolink line that
would implement regional planning policy and create the synergies needed for the
vitality of a true urban experience.
B. Developer shall strive to work with property owners, businesses and other
stakeholders and explore potential partnerships, collaborations and joint ventures
with non - profits or other developers.
Developer shall also work with the City to develop a successful outreach strategy and
seek input from all stakeholders and assess its findings in the pursuit of formulating a
potential Downtown revitalization Project. Developer shall report to the City on a bi-
monthly basis on the progress made with stakeholders and achievements.
C. To identify the range of development options and make recommendations on whether
they are viable, practical and feasible to fulfill the City's revitalization goals for
Downtown.
D. To identify development phasing options and make recommendations on whether
they are viable, practical and feasible to fulfill the City's revitalization goals for
Downtown
-2-
E. To identify financing options and make recommendations on whether they are viable,
practical and feasible to implement the potential Downtown revitalization Project.
F. To coordinate the planning and design of a potential Downtown revitalization Project
and to maximize its compatibility with the abutting and adjacent uses and to
minimize environmental, traffic and other impacts on the abutting and adjacent uses.
G. Other provisions regarding the participation and responsibilities of the Developer and
Commission necessary to further the purpose of developing the Project Site, such as
provisions for processing approvals and permits.
H. The parties do not intend for Commission or City to acquire any properties pursuant
to this ENA. Developer may acquire any properties or invest in any properties for
future development on its own. However, in such event, Developer does so at its sole
risk and this ENA shall not grant any rights or presume any future entitlements rights.
2. EXCLUSIVE RIGHT TO NEGOTIATE
A. Commission hereby grants to Developer, and Developer hereby accepts this ENA for
three time periods based on the following deliverables:
a. An initial period of two hundred and forty (240) days during which Developer
shall 1) complete the outreach process discussed in subparagraph 1.8., above; 2)
define the Scope of a proposed Downtown Revitalization project; and 3) prepare
a concept diagram illustrating the proposed Scope and summarizing the
community input received during the outreach process. This initial period shall
commence on the date this ENA is signed on behalf of Commission, and
continuing in full force unless otherwise terminated pursuant to this ENA.
b. If the deliverables set forth in a., above, are satisfactorily provided, as reasonably
determined by Commission's Executive Director, then a second period of one
hundred and eighty (180) days shall commence at the end of the initial period
during which the Developer shall 1) complete a draft Specific Plan for the area
under consideration as described in the Scope defined during the initial period;
and 2) submit a Financial Feasibility analysis for the proposed Scope defined
during the initial period.
c. If the deliverables set forth in b., above, are satisfactorily provided, as reasonably
determined by Commission's Executive Director, then a third period of one
hundred and eighty (180) days shall commence at the end of the second period
during which documents required by CEQA are prepared in compliance with
subparagraph 3.H., below; provided, that if Developer fails to make any payment
required by that subparagraph, or any other provision of this ENA and such
failure continues for fifteen (15) days after Commission provides written notice
to Developer of such failure, then this ENA shall automatically terminate except
Developer's obligation (i) to make those payments and any other payments
incurred as a result of the CEQA analysis and (ii) the provisions of subparagraph
3.L. and paragraph 5. shall remain in full force and effect.
- 3 -
Developer may request an extension of up to sixty (60) days for each of the three
phases outlined above by providing to Commission a written request which
reasonably describes any event or action not within the control of Developer that
causes a material delay in Developer's ability to meet any required time frame of a
phase. Commission's Executive Director may, in his /her sole discretion, grant and
determine the length of each extension, if he /she determines such extension has or
will not negatively impact the general goals of this ENA.
B. Commission and Developer agree, for the period set forth in this Paragraph 2, to
negotiate diligently and in good faith to prepare future potential documents with
regard to the objectives described above. During the term of this ENA, Commission
agrees not to negotiate for the development of the Project Site, or portion thereof,
with any party other than the Developer, or approve or conduct a public hearing for
any other development of the Project Site, or portion thereof; provided, that the
parties understand City and Commission must process requests for entitlements duly
submitted by, or on behalf of, owners or tenants of some or all of the Project Site.
3. TERMS
Commission and Developer hereby agree to the following terms:
Developer Obligations. During the entire period of this ENA, Developer is
responsible for all Developer's expenses related to the production of deliverable as
required in Section 2 above and listed below. Developer expenses and obligations
shall be deemed equivalent to a "Good Faith Deposit" and in lieu of any other deposit
with Commission and shall include at a minimum:
a) During first ENA period:
Developer shall conduct and prepare the following actions and documents,
estimated at a minimum cost of $50,000.00
a. A comprehensive outreach process;
b. A project scope of development.
c. A concept diagram;
b) During second ENA period:
Developer shall prepare the following documents, estimated at a minimum cost
of $50,000.00
a. A Specific Plan;
b. A Financial Feasibility study.
c) During third ENA period:
Developer shall prepare the following documents, estimated at a minimum cost
of $50,000.00
a. All CEQA compliance documents pursuant to Section 3H below.
B. Monthly Status Reports. On or before the tenth (10`h) day of every other month
starting with the first full month after the effective date of this ENA, Developer shall
-4-
provide bi- monthly status reports to Commission's Executive Director in a format
reasonably requested by the Executive Director. These reports, at a minimum, will
include status reports regarding progress associated with the Developer's efforts to
work with current owners and tenants on the Project Site and Developer's efforts to
prepare the scope of the Proposed Development.
C. Commission's Right to Additional Information. Commission reserves the right,
during the term of this ENA, to request reasonable additional information and data
from Developer necessary for review and evaluation of the proposed development.
Developer agrees to provide such additional information or data as reasonably
requested in a timely manner. All information regarding the Developer's business
practice which may be provided to Commission, shall remain confidential to the
extent permissible by law.
D. Hazardous Materials. Commission shall not be responsible for conducting or
financing any testing of the Project Site for hazardous materials pursuant to any
applicable laws, statutes, rules and regulations. As between Commission and
Developer, Developer shall also be responsible for making site conditions suitable for
the Proposed Development, including, but not limited to, flood zones, Alquist- Priolo,
anu similar matters. For purposes poses of thus ENA, azaruous materials snail mean
asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas;
radioactive materials; explosives; chemicals known to cause cancer or reproductive
toxicity; hazardous waste, toxic substances or related materials; petroleum and
petroleum product, including, but not limited to, gasoline and diesel fuel; those
substances defined as a "Hazardous Substance ", as defined by section 9601 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the
Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely
Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as
defined by The Hazardous Waste Control Law under sections 25115, 25117 or
25122.7 of the California Health and Safety Code, or is listed or identified pursuant
to section 25140 of the California Health and Safety Code; a "Hazardous Material ",
"Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined
by the California Hazardous Substance Account Act, laws pertaining to the
underground storage of hazardous substances, hazardous materials release response
plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1
or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous
Substance" listed or identified pursuant to section 311 of the Federal Water Pollution
Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste"
or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22
of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed
by the State of California under Proposition 65 Safe Drinking Water and Toxic
Enforcement Act of 1986 as a chemical known by the State to cause cancer or
reproductive toxicity pursuant to section 25249.8 of the California Health and Safety
Code; a material which due to its characteristics or interaction with one or more other
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substances, chemical compounds, or mixtures, materially damages or threatens to
materially damage, health, safety, or the environment, or is required by any law or
public agency to be remediated, including remediation which such law or government
agency requires in order for the property to be put to the purpose proposed by this
ENA; any material whose presence would require remediation pursuant to the
guidelines set forth in the State of California Leaking Underground Fuel Tank Field
Manual, whether or not the presence of such material resulted from a leaking
underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide
and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances
regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any
radioactive material including, without limitation, any "source material," "special
nuclear material," "by- product material," "low -level wastes," "high -level radioactive
waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive
materials or radioactive wastes, however produced, regulated under the Atomic
Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101
et seq., or pursuant to the California Radiation Control Law, California Health and
Safety Code sections 25800 et seq.; hazardous substances regulated under the
Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California
Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or
regulated under the Clean Air Act, 42 U.S.C. 7401 et se�1. or pursuant to The
California Clean Air Act, sections 3900 et seq. of the California Health and Safety
Code. Any studies and reports generated by Developer's testing for hazardous
materials shall be made available to Commission upon Commission's request.
E. Owner Participation Procedures. Notwithstanding this ENA, the proposed
development of the Project Site remains subject to any applicable owner participation
procedures.
F. No Obligation by Commission or City. Nothing herein shall obligate or be deemed
to obligate Commission to approve or execute any other agreement with Developer or
anyone else, commence any actions for voluntary or involuntary acquisition of real or
personal property, or any interest therein, or convey any interest in any portion of the
Project Site to Developer. Developer acknowledges and agrees City is not a party to
this ENA. The parties each agree to negotiate in good faith to accomplish the
objectives described in this ENA.
G. Responsibility for Costs. Except as may otherwise expressly be set forth in another
agreement, if any, between Developer and Commission, Developer shall be and
Commission shall not be liable for any and all costs associated with the planning and
development of the Project Site pursuant to or arising from this ENA.
H. Commission Conditionally Responsible for CEQA Compliance at Developer Cost.
Commission, at Developer's sole costs, shall be responsible for complying with
CEQA in connection with the Project Site and the development of the Project Site, if
any; provided, that Commission shall not initiate, continue or complete any process
-6-
or work necessary for complying with CEQA unless and until Developer has
deposited sufficient funding to pay for that process and work.
I. Real Estate Commissions. Commission shall not be liable for any real estate
commissions or brokerage fees, which may arise herefrom. Commission represents it
has not engaged a broker, agent or finder in connection with this transaction.
Developer has not engaged a broker, agent or finder and shall pay any commission or
fee to such broker pursuant to a separate written agreement. Each party agrees to
hold harmless the other party from any claim by any broker, agent or finder retained,
or claimed to have been retained, by that first party.
J. Conflicts of Interest. For the term of this ENA, no member, officer or employee of
City or Commission, during the term of his or her service with City or Commission,
shall have any direct or indirect interest in this ENA or obtain any present or
anticipated material benefit arising; therefrom.
K. Change in Ownership or Control of Developer. Developer understands Commission
is entering into this ENA based on the prior experience and qualifications of
Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all
of itS lights under this ETNA to any party not owned, in the majority, or Controlled by
Developer, without the prior written approval of Commission, at its sole discretion.
L. Indemnity. Developer agrees to and hereby does defend, hold harmless and
indemnify Commission, City and each of their officers, agents and employees (the
"Indemnified Parties ") from damages arising from Developer's acts or omissions;
provided, that the obligation to defend does not apply to actions arising solely from
the Indemnified Parties' acts or omissions; and provided, further, that the obligation
to indemnify and hold harmless does not apply to the extent caused by the negligence
or willful misconduct of any of the Indemnified Parties.
M. Governing Law. This ENA shall be interpreted and enforced in accordance with the
provisions of California law in effect at the time it is executed, without regard to
conflicts of laws provisions.
N. No Third Party Beneficiaries. Commission and Developer expressly acknowledge
and agree they do not intend, by their execution of this ENA, to benefit any persons
or entities not signatory to this ENA. Developer hereby agrees to indemnify, defend
and hold harmless the Indemnified Parties from any claim or action brought by or on
behalf of any such broker related to their involvement with Developer or for
Developer's failure to pay any commissions or fees. No person or entity not a
signatory to this ENA shall have any rights or causes of action against either
Commission or Developer arising out of or due to Commission's or Developer's
entry into this ENA.
-7-
4. TERMS TO BE NEGOTIATED
Commission and Developer shall meet regularly with each other in order to discuss, without
limitation, the following provisions which may become part of a potential future agreement between
Developer and Commission:
A. A single development plan comprised of one or more phases (scope of development)
that is functional, aesthetic, and minimizes conflicts with, and is sensitive to,
adjoining and adjacent properties. Architectural and site design issues to be resolved
shall include, but not be limited to, acceptable architectural and landscape quality,
initial size and maturity of plantings, access and circulation, determination of parcel
boundaries, on -site and off -site improvements, Project Site - perimeter treatment,
landscaped buffers, parking, signage, lighting, and easements, if applicable.
B. The design and configuration of the site plan shall maximize, to the extent reasonably
feasible, the potential to attract retail /restaurant tenants /homeowners or tenants.
C. The timing and conditions precedent for the conveyance, if any, of the Project Site or
portions thereof.
D. The performance guarantees, amount of liquidated damages, and good faith deposit
to be required, if any.
E. A possible schedule of performance encompassing appropriate and necessary legal,
administrative, financial and construction benchmarks to be met by the appropriate
party.
F. The responsible party to prepare a subdivision tract map subdividing the Project Site
into parcels as might be appropriate and necessary.
G. The responsible party for all costs associated with the removal or remediation of any
potentially hazardous materials from the Project Site and demolition of all
improvements on the Project Site.
H. Ownership of all plans, drawings and specifications prepared by Developer.
L Appropriate controls to limit the use of the Project Site, including, but not limited to,
a requirement for the uses to meet the revitalization goals of City.
Operational and maintenance plans for the development, including the parking.
K. A financing plan.
- 8 -
LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF
CLAIMS
A. Neither party would have agreed to any part of this ENA if it were to be liable to the
other party for any amount of monetary damages. Accordingly, both parties
acknowledge and agree each party's exclusive right and remedy upon any breach or
default of the other party to negotiate in good faith, as set forth in this ENA, is to
terminate this ENA or seek specific performance regarding the exclusivity provisions
of this ENA, as applicable.
B. Each party acknowledges it is aware of the meaning and legal effect of California
Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him would have
materially affected his settlement with the debtor.
C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by
the limitation on remedies set forth in this Section, and each party hereby releases any
and all claims against the other party for monetary damages or other legal or
equitable relief, whether or not such released claims were known or unknown to the
releasing party as of its entry into this ENA. Each party hereby waives the benefits of
Civil Code Section 1542 and all other statutes and judicial decisions (whether state or
federal) of similar effect.
e"
Commission Initials Developer Initials
6. TERMINATION BY COMMISSION
Commission shall have the right to terminate this ENA in the event Developer (a) proposes
provisions for a possible future agreement, which (1) materially vary from those described in this
ENA or (ii) describe a development that materially varies from the development generally described
in Paragraph I of this ENA or (b) fails to comply with any provision of this ENA, if same are not
corrected within fifteen (15) days after Developer's receipt of written notice thereof.
7. TERMINATION BY DEVELOPER
Developer shall have the right to terminate this ENA in the event Commission (a) proposes
provisions for a possible future agreement, which materially vary from those described in this ENA
or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15)
days after Commission's receipt ol' written notice thereof.
-9-
8. NOTICES
A. Any notice, request, approval or other communication to be provided by either party
shall be in writing and dispatched by first class mail, registered or certified mail,
postage prepaid, return- receipt requested, or by electronic facsimile transmission
followed by delivery of a "hard" copy, or by personal delivery (including by means of
professional messenger service, courier service such as United Parcel Service or
Federal Express, or by U.S. Postal Service), to the addresses of Commission and
Developer set forth below. Such written notices, requests, approvals or other
communication may be sent in the same manner to such other addresses as either
party may from time to time designate.
B. Any notice that is transmitted by electronic facsimile transmission followed by
delivery of a "hard" copy, shall be deemed delivered upon its transmission; any
notice personally delivered (including by means of professional messenger service,
courier service such as United Parcel Service or Federal Express, or by U.S. Postal
Service), shall be deemed received on the documented date of receipt; and any notice
that is sent by registered or certified mail, postage prepaid, return - receipt requested
shall be deemed received on the date of receipt thereof.
C. If to Commission:
Baldwin Park Community Development Commission
Attn: Executive Director
14403 East Pacific Avenue
Baldwin Park, California 91706
Telephone (626) 960.4011, ext. 482
Facsimile (626) 337.2965
With a copy to:
Aleshire & Wynder, LLP
Attn: Joseph W. Pannone
1515 W/ 190th Street„ Suite 565
Gardena, CA 90248 -4946
Telephone (310) 527 -6663
Facsimile (310) 532 -7395
D. If to Developer:
Olson Land Projects, LLC
Att: Eric Everhart
3010 old Ranch Parkway, Suite 100
Seal Beach, CA 90740 -27.51
Phone: (562) 370 -2217
Fax: (562) 430 -5626
- 10-
With a copy to:
Olson Land Projects, LLC
Att: Todd Olson
3010 old Ranch Parkway, Suite 100
Seal Beach, CA 90740 -2751
Phone: (562) 370 -2217
Fax: (562) 430 -5626
9. COUNTERPART ORIGINALS.
This ENA may be executed in two (2) counterpart originals which, when taken together, shall
constitute but one and the same instrument.
10. ENTIRE AGREEMENT
This ENA represents the entire agreement of the parties and supersedes all negotiations or
previous agreements between the parties with respect to development of the Project Site. This ENA
may not be amended unless agreed as such in writing and certified by the signatures of the parties
hereunder.
I/
-11-
11. EFFECTIVE DATE
The effective date of this ENA shall be the date it is signed on behalf of Commission.
Dated:
APPROVED AS TO FORM:
ALESHIRE & WYNDER
General Counsel
Dated:
-12-
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
BALDWIN PARK
M.
Manuel Lozano, Chairman
The OLSON LAND PROJECTS, LLC, a
California limited liability company
By:
Todd Olson
President
By: �-
Eric E. Everhart
Vice President of Development
EXH I BIT A
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