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HomeMy WebLinkAbout2008 02 20IN TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on Wednesday, February 20, 2008 at 6:00 PM at City Hall, 3rd Floor -Room 307, 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. NO OTHER BUSINESS WILL BE DISCUSSED Dated: February 14, 2008 AFFIDAVIT OF POSTING "original signed" Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on February 14, 2008. Effl��� Laura M. Nieto Deputy City Clerk City Council & Community Development Commission Special Meeting Agenda — February 20, 2008 AGENDA FOR THE SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION FEBRUARY 20,2008 :00 PM CITY HALL -3rd Floor, Room 307 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 99706 Manuel Lozano - Mayor /Chair Anthony J. Bejarano - Mayor Pro Tem/Vice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Ricardo Pacheco - Council Member /Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. if you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for vour convenience. City Council & Community Development Commission Special Meeting Agenda — February 20, 2008 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 durance el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hav un interprete Para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Councilmembers/Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro TemNice Chair Anthony J. Bejarano and Mayor/Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera e/ limite Para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1g0n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos Para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS GC 54957 Title: Chief Executive Officer Title: Chief of Police Title: Recreation & Community Services Director Title: Public Works Director Title: Human Resources Manager 2. CONFERENCE WITH LABOR NEGOTIATORS GC 54957.6 A) Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer B) Agency Negotiator: Vijay Singhal, Chief Executive Officer Unrepresented Employees: Chief of Police, Recreation & Community Services Director, Public Works Director, and Human Resources Manager City Council & Community Development Commission Special Meeting Agenda — February 20, 2008 3. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION GC 54956.9(x) Name of Case: Valley County Water District v. San Gabriel Valley Water; City of Baldwin Park and Baldwin Park Redevelopment Agency Case No.: Los Angeles Superior Court Case No. BC 313462 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC 54956.8 Property: 13135 Garvey Avenue City Negotiators: Vijay Singhal, Joe Pannone and June Ailin Negotiating party: State of California Under negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated February 14, 2008. Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2„d Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e- mail at rgutierrez a-�baldwinpark. com or Inieto o1 baldwinpark. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council & Community Development Commission Special Meeting Agenda — February 20, 2008 2008 FEBRUARY 20, 00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 iyx� 4 L t DVV, A K K. Manuel Lozano Anthony J. Bejarano Marlen Garcia Monica Garcia Ricardo Pacheco Mayor Mayor Pro Tern - Councilmember - Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias 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 jurisdiction. 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 durante el periodo de COMMUNICATIONS period noted on the Comentarios del Publico (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 vour convenience. conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Marlen Garcia, Monica Garcia Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano NEW BUSINESS ANNOUNCEMENTS • Proclamation proclaiming February 20, 2008 "Wear Red for Women" Day in the City of Baldwin Park Administration of Oath of Office & Certificate of Appointment to Planning Commissioner Angela Alvarado 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: 9) 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 INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fi]ar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS & DEMANDS Staff recommends City Council receive and file. City Council Agenda — February 20, 2008 Page 2 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF FEBRUARY 20, 2008 TO MARCH 4, 2008 Staff recommends City Council approve the preparation and presentation of the awards as outlined in staff report. 3. MINUTES Staff recommends City Council approve the minutes of the February 6, 2008 meeting (special & regular). 4. CONTRACT AGREEMENT BETWEEN IRWINDALE POLICE DEPARTMENT AND THE BALDWIN PARK POLICE DEPARTMENT FOR JAIL SERVICES Staff recommends City Council approve the Agreement between the City of Baldwin Park and the Irwindale Police Department and authorize the Mayor to execute the Agreement. 5. 2nd READING OF ORDINANCE NO. 1312 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1312 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CHECK CASHING FACILITIES, MONEY WIRING FACILITIES, AND FREESTANDING ATM KIOSKS; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 160.° 6. 2nd READING OF ORDINANCE NO. 1313 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1313 entitled, "AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE DECLARING A TWO -HOUR PARKING RESTRICTION ON RAMONA BOULEVARD BETWEEN BADILLO STREET AND PARK AVENUE." 7. RESOLUTION AUTHORIZING THE APPLICATION FOR A HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT APPLICATION." 8. RESOLUTION IN SUPPORT OF A GRANT TO CONDUCT A TRANSPORTATION PLANNING STUDY FOR THE BALDWIN PARK TRANSIT CENTER Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -013 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROCLAIMING ITS SUPPORT FOR CONDUCTING A TRANSPORTATION PEDESTRIAN LINK STUDY FOR THE BALDWIN PARK TRANSIT CENTER ". 9. APPROVAL OF A LICENSE AGREEMENT FOR BURGER KING TO USE A PORTION OF RAMONA BOULEVARD FOR CODE - REQUIRED PARKING PURPOSES Staff recommends City Council approve a License Agreement with Jim Wilson (property owner), authorize the Mayor to execute the Agreement and authorize the Director of Public Works to enforce the terms of the Agreement. City Council Agenda — February 20, 2008 Page 3 10. RESOLUTION REQUESTING APPROVAL FOR THE REVISION OF THE HEALTHY POLICY YIELDS HEALTHY MINDS INITIATIVE Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -014 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE HEALTHY POLICY YIELDS HEALTHY MINDS RESOLUTION OF 2008" and authorize the Mayor to execute the Healthy Policy Yields Healthy Minds Initiative and any other related documents. 11. NOTICE OF COMPLETION AND PROJECT ACCEPTANCE - ARTS AND RECREATION CENTER, CIP 827 Staff recommends City Council 1) accept the improvements constructed by EMAE International, Inc.; 2) authorize staff to record a Notice of Completion; and 3) authorize payment of retention funds to EMAE International, Inc. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT � I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of February, 2008. Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e -mail at rgutierrez2baldwinpark.com or Lnieto ff baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — February 20, 2008 Page 4 1 �0 BAtDwrw CITY OF BALDWIN PARK P�A,R,K TO: Honorable Mayor and City Council FROM: Rose Tam, Assistant Accounting Manager DATE: February 20, 2008 SUBJECT: Warrants and Demands 8 I. .i.,C.... 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 the payroll of the City of Baldwin Park consisting of check numbers 177698 - 177792 inclusive, voids: 177698, 177700. Additionally, Automatic Clearing House (ACH) Payroll Deposits were made on behalf of City Employees from control numbers 011623 — 011852 for the period of January 13, 2008 through January 26, 2008 inclusive, have been presented and hereby ratified, in the amount of $424,905.32. General Warrants, including check numbers 167437 to 167602 inclusive, in the total amount of $941,550.64 constituting claims and demands against the City of Baldwin Park, are here with presented to the City Council as required by law, and the same hereby ratified. 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Undw Naw Rduf MH Paw BEA Mot Me Check Anum Sop 021 ENEQUIR COURERAS SCOTTVS TAF KW AP KMV OnM91 4"M Pol Sot MCI ME! 1wc of it Unnt Msont AN Mut Used Nd Awwix`, s 0 ugsgo 1=915 0Af 1ARCH 1549 0i Rduf AM DeRrith-, GL DJAMLK, Am bout Wark 110 EA `ANN;'1,'AL RALL.ET, T.MP 1510E2172 0 101 1 P9 LiVMR.,n Anwit 151101M 104M Vendor Now ---------- P&D Page Puk MY CS NN 50" Amot 7rds AP H750 07AS/05 3 3. 0 P1 Q F&TERAL EXPESS CRF I M GUSM SwU0,-.n vs: EuKh OWL AMMMEA lawal pt in 50 Mays 110 1.1 RY: Y !F07 7 piano SXF Kfvb)i isom 51"""my AWL 5MOS US14 o" AT! P�f SI 50 V, xv % "now 0F Rawss piano C: -, "A 'C' r� °, .. __ ,. , ,_. .�_r . ,w .� � ,,,_ , �_, .� —a�_. i_4, .. ._� .. .,.< <,EF r t. .. � .� €ii. a,. �wk.. .,. .� s, .. ,rs ..�. f VIM, Havy. WA I pwant Wan U/pAy to 9QqPQ99 ,Si nk/UH? 0 ANN tu 1002 WZYMN TY;3 wbad'., 1 Vow mw" 'W" p4n, But CHI! W h" Auk Aw= J, 05 Evil 711 A KKQ M WN 1 V STPA PH W AWAI NoWl 19W Dt Cress Amour Nsnont AM Wcont Wd No Awul"O' 15611 0 INWIR G101go WH W N 119 5HOEU owl em 7Q W 7 L 5 "1 OWN :101pq 9 K ? SAS 0 119 R NYWY, bon hoot Wuk 000 AIN Denrat Ari 13, 54 Q "1 (11 U 7 A -.1; 1 EA Amwornym =M MS a Mac TF ens MS Pon cir) PO Upidgin V7 A wif vs0dor lax W I pa"'e, Bur CW1 1,1 NN a9l A= Sep, W Y T 10uh, AP M75M 02PS100 40 - V, 0311 RETAKEMENT FOR WF11TD11,'AL 4 142 nond! Vendu Nw,,, Wto Pam-",! 04 HIM S DU M."1 Gross Amount Nownt Ad Esmat Used Nd Awn 4 L 4 2 4 L 4,,,. KRUNKNT RR ANUMUL =51S But Wal V 1psw KHOA0 pus Amut Two As "w"t 9sed St Amm � 1 M 0 a ", 031 44&&Vl� Un Sort Anh Dow,jUni '"WK! ?Y 07511 TUN S, SNSTi 0; 51BE A WDW 'J" a j M hwj, too 1 �qw Mys jo,Qowo w MAIM QpQTfS TY n low HTEM lie m:�k .11 hot: M mU page, MS MY 01 SO Sas A3001 pow 501 wnvaui Has! to C 10 Kv No A Des, pt, S-� fpvc vt cross Swrt Now in Anwvt umv sk Awn" vinquy 1 , A % 5 Dl oil 41 IV" Raw WWI urpro Anti 50"rylv-, PO4 Sut morass 01M NO wt cross awm Maya As Mw"L NO XS A w; 6 0 N12 Mo 2, Ica Town how! NOM Ordy I Aoki 0xv 01 m, L b_ wulfv Cyr w pwannNa wins ;00 uv; OIL ATT MY �L Jw Anif yj Von, w Anw"Q w Y ATA lot, 0 13', MY NY' yn v zj too v w?, Q! Mv 17 V QJQ !;I vvy !RQnn 5N UY! On, PC ww!A[Qr 07 52 Sol S-1 214 500, .. .a r. w Hinz, Vol I Am"A DOW 1APPROK to m/Pf"A WqX15 AW to QX NYWA TOP f4m I ims fgnnP;( QnrQw-,,, 1A SY NIATOT VERVIES AN 02 Pot 5W COPRKU Wves im C! Gras Amant Dhout As Tsum umd No Awo" 102 0 qosgy & , Dzj,.- OP nL 75 5L EAPRAW'i GmaAmug WMI UAW Ance Genrovy"', ITIV5W 0 AN X 0RUALTY 65HI AMUL NMIK =M! it PO fait 1 at On ii a. 1 ind! War Nal" =05 Payst Back pecks 711 %to Check Amm Sup H7 US AK _t. ANT. SERNTS DEW ? I A a. sm2ml Wmmptinri, APPE'57D," FEE PO4 Sot WWI lunmel luc fit Gross Amout DANY Ad WNW Owd NO Amu',', ?5095 9 VNCY olpsgo 2, mo 3 R OAO 2, " 119; GL WOWW'; Gro3s A-wuW, u1rdwi N,scriptzorl ,I O-o& 5 H (I 2,10,9111� 10WETY GNU' ARRENE PHU= FE FIX! IMUE PO Livi"Wi A N 12 5 5H oul VeWor Nu, Rem tq Pepe Chk C'1hc-.,,k. 30P UNC AKRICA GATEWC TITL[' AP mom ugggs IHAO f A fi ` N' IN . -A- Pi' PO4 Sht w2rW 1moical 1wC ut Grnq Amunt Dhout AM Wont Wd Nd Awun Vul 0 1 3W3 t1 4l "oAll W N 10 GL ywhOW-i RoB boat E Vitro AON Pemr*Vni 121 4, SON 4011 INERTY OHM' TIME PETUS FCR RGINNUIL QNS & -,AP N By SHMA A !UHRM -out NMI. tag AP Daymut Ws AURACH to MY9HI q ad! A Mill s, 1, r. 741 4 T V IN Undw Us'. 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HAP Armuss Papbm himse 6.0 PORUO !" S .pt PA A (UMU) HistOry. AP Payment Datma 00/00R0O0 W H/H10199 UN/ACM's 104N to l67602 PaYmnt Qa Cknok QW! Vsmor We Remi1# Papa Bank Cheut! Chk D6i8 CheCk A0& SSy 549 M8NTY'S [LEURIC AP Nov 02/m/M 47.0f, lni0# Gmmi,31 0esurip��on ON RU HR PH Stat OWN! 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":, ,, /PsT Nmamu, oil &P Q;"o" 8113 QT0/THO to SQ5000 onck/o00'� =37 to 1670 Ay%sA Typo 'Aeok -----------' --'—'--- —----'----'----'------'----'----------'-----'--' .sr�� Xemur U�m, Romit# P��a Bunk ��C�0 C�k 0ata Chon� Amnun� Soy �4;� Pk8r0R(� �� [WR3�Q�QT AP Y�7�Wg 0/�6/88 78.i2�,57 PUi Stot wrytk Iw)uk Invc 0t Gran AMC D|ouount AN 01uMmM XJ Nat hNunt �5v l�' " C � 2 5 �'0 01308 4 ,2 4.1 7 0A8 78,12W Q' Wmyo &mwnt owl ]rW XCLC! Wr1pt|on 7D.124.57 ESE WAS FOR ALL SWORN POWCI DUT P[RSOAWL AS ��PR5VE3 KY CITY 08NSTL 8N 0[CEM�EH i�' 2�07 POLiWiati Amw-12 �1�'25'��1U 78,12�.57 —'-------------'—'----------'-- --- ndf VsmRr Nx-, Rsmitl Pape Dank Gnss0 Chk D6C8 Cheap Amount 1*p loim& &sn8 al �mori�Uoo P84 Sot Coaradf Ino1s# Invc 0t Q^nnn Amount 0hou t Ad Dioout Umd RM Amo8 t 12/31/07 55A0 0.A0 000 GL 0|y1ributioo CrOSS bout Work OrOr0 AotCJ Desor1ytinn, |00-231O00 56.00 P RE -EMPLUYMEN T 00 TE�� -----------------------------'------------------------------------ YemA Vu�nr Nun" R801t& 7ay8 But Dodo Ckk We 0eck A@wu t Smy 8F THE V41-Ef DEPT AP i"�7S52 02/U6/08 17077.75 88�� J��SH0�0R 0 07-W2�S no SW 0000 I=11 Inm 0t Grmm Xmont DinW AM DiSW Wj No Ammgt 1660S C 8 0Z/85/08 1477.75 0.08 U7.75 1SQ3 O 0 02P5/08 P2.00 DA0 V2.80 Q- 0otrw=Vo 100H'5O0V Won AmOmt Wory 0rhn# AW Wr1Pi0 KBID& EXPENSES FOR: BMES H0UN; P0 L1wiJatir� %J"560 -V 0203 ^ANN�L'FY 07/08* lNIRENTION PNGRM F0R V]5TIM3 VF ROE OR SEXAL AZA0J ( XDNTHlY PAYMENTS | P0 LiquiW1on �0UDt 'QUO Page f'nk cheokt Chk D�ta ��Ck XmOml� %Gp VeDOr N*mw Rs8it# 56.001 :02 PSYMEM UI[3 WF1 AP 167551 0/ov08 loim& &sn8 al �mori�Uoo P84 Sot Coaradf Ino1s# Invc 0t Q^nnn Amount 0hou t Ad Dioout Umd RM Amo8 t 12/31/07 55A0 0.A0 000 GL 0|y1ributioo CrOSS bout Work OrOr0 AotCJ Desor1ytinn, |00-231O00 56.00 P RE -EMPLUYMEN T 00 TE�� -----------------------------'------------------------------------ YemA Vu�nr Nun" R801t& 7ay8 But Dodo Ckk We 0eck A@wu t Smy 8F THE V41-Ef DEPT AP i"�7S52 02/U6/08 17077.75 88�� J��SH0�0R 0 07-W2�S IS,AP An0uOts h|dIa 01010 6.11 N^APR 80 51 SAW A (SANWA! An Dt Crms A0O0t Want Ad 0iyomni Oed No &moUnt PH Stat WWI WHO 1660S C 8 0Z/85/08 1477.75 0.08 U7.75 Amm0t WE 0rJerl ACtCj 0WH|vn Q- DtSbRutioD Smsn 100H'5O0V 1'077.7S KBID& EXPENSES FOR: BMES H0UN; P0 L1wiJatir� Am0 18O'21-5000 1,077.73 IS,AP An0uOts h|dIa 01010 6.11 N^APR 80 51 SAW A (SANWA! cx �l T 0 A volar paw" 4141 Poy,, Dan AS Ohl Data facy Awn! 150 PAIRS � N Man Basm"PAT, 01 MIKKE lot "M Mudow Amph Aw st Gass Annat Mum As MA Uzi is Amu � A A 1 0 105.1,1 VAQ 0 , 21 A 11' Ali A m All I hwjwliw-ii 230 mmy wan wrorn AvAn 0201 wom oil! "M 14 OWN` WMALTY 0718, WHRIX GAIRM L:QMvi,xi Aumm, THROM", of kor Nab Qw, AP ONE AQ53 i K 2 D 2. A"', V. A, Ad A Aww", 001 NET'S ONO 1 0 WLE lot 'Pint AM Im: 4pv"� GAW WITHAQ. Q7 TUT71". 1& Sparo pesmPtfu 150 RUM M Kim 30104 1NOW inn Dt Son Ancunt PAM AV 11M Ywd TM fpwn� 15 K 0 PM07mv 011SPR 571 A 1, DAO 57141 - von bout WWI OrM AM Dexr1poW ph QW&TY CON' FOR CNAMUM ME ON FUUM(: 130515210 T R K PO UgSta', Aiic-u7, t low 51 ,,AP C -Pav,�b1e By %NMA A (UMM' -mat Hi0su. bank AD Pument Dals 00nOR000 to 9Q9y9H9 Chsck/AHO's 1674P to 57612 Paymut Ty" ChUR ------------------------- Wds vondcr =,-, WU pa"�" tank Wdf Ghk Date bes Want ss"' lN SEWTUN WFEWORS AP 97564 VIM 6,100.00 �701 AneW Desumption 151 11SWATTAN CF VALVYS. go Stu Anuld; 10001 in: lit Cons Amomp! Nimut AM Nsout Umd W WJ-- 119 c W" 1WHY WIN) 0 A 0 1 A 5 0 A 5153 1VISP7 1, 9 10 "), IAG 3, H 1 A U. Wributin, ton HOW Nor 5dul AW WrOtArn ,4 17 AW L 5H A CONITTE USTUATION OF P VES lN TE LVMR RNM IF RE COMUNITY "'FNTR 10151 Wl VWA� GEUX, DO UVWw"i An at NO VW", 17 17 AW" 10 Senora sawpUsn ly 9WEIIAL PTO 4 011-1 pp" W 0YQUI Wml hon c SIR= onsyl in nsy Mot Doom Ae YnOV jai 5: Ana: 2; Y 4�501.1 1513; ii0 Al, HOW slyY 0 ACT AlvaFf 41 wavUll'." 10TAFAN AW& Walso-, PARKS 21AWANK Alsbabl", lot In"j. 1"I T cqnx Wks DIM,ono 'j hjoh= !l:;PTKCL 0417 to = mysm �nm QW, av Vat hl"', Apt, pam I= VOW Cot 06 Vat! Annut fqp ;05; 7001 PA. AW 10", AJ: I mo lopqrs! hemp kin it 9F41- RN Sol 002rulf Hum 11A N Gross Amoun; Mut Am Isant 1H, Na Awn Otis 0 140A 0y2nas 5 L 3 31 QAI 5 0 A 451, MkIn AN! RM Act! sompytm WIM20-0 'WHY 079V WPM Q WS POK MMUS A ACMITIES: sw Hidwy. top AV Rqwv BaY5 hj"AFT to !QNSM W&ATI's 37447 to 1631; QW: IR; 5"M W Ott SKY knolm So PO4 17010 Sot wv1s, nvoys D SIM 7 1 To On 0! W: too! MA; it Y101, we! W anw. Q W, 24 0: zoo 2 10 DAM"r AM G KQ VMS 31 A IV S AM CAI 5 W I Con 52 AM MYWR,,- R&I Dwr7yw, 0 ;MR, no 09 AIRAN MAG PC L 1 jr MA War dat jon sw Was 071 MY Ohl W; Wn NOW 90 15i MW WaQVIri -4 FED cc Wmam AW i Cc W!" Am", pl? Ott 17,011 MOST ho At 7,01S Amount DAM"r AM WS001 so, It too LAS 1 At j Con van No! 0W AM MYWR,,- wt WStury. pak kP Paymen Coton H/08AU0A 10 W8/imp Ckw/&0uo 1�7/�7 tu 1�7602 Pa��ni Tyye C��sk �*r�� ye��r N�m Romit0 Payee Uank Ckeuk0 C�k 0a<o ��c� �munt S:� 7327 T"NSNT IN�QANCE COPANY 1 SlH�@0 I%S. UNlT 14.0� la>m# 3ento3l U8ncripti3n 801 F[O 08 PRMMM POUCY 0 00 =14 94' PO4 St6t CoDtryll ImmiCoI Imr Dt CrU p Amnint 05maDt 10 Diynot Used H8i A0Uu t 8L U tr\�ubuo Grnuo &mnut Wan VrMr§ AW DWption it, 08-2WIl 1'pS.q8 FIE 0D PR8N {AS]I> 0R Po 0 010" i32-�0'47�5 �.I(0.95 ----------'-----------------------------------------------------'--- %*Gd8 YSDdnr Nam Kw0it4 yayeo ��Ok �@Ck0 Ckk 83to CkSck �munt ��P 05 STEY[ RAIKEN AP 16791 0216188 608,3N )aimf G;ner6l Description 8qW [AKCBl[D PERMIT T0 RULUT N/NEW PEOIT # B0o -0v'177 PO& Sot YAW! Im0{csl lmC 0t Gross Amount Wout AM Dionut UK W Awnt 800-010'20� 0/�S/VH ��U.�0 0.00 �O8.50 SL Diotribxtiun A700% ��� 8,��# &c1Cd De�riPCion 10010001 ChNC8lE0 PERMIT T0 REPLACE EN PERMIT O,d0 Kjor We Romi0 Pay o Bank Chnuk! Ckk 08ie Ckock Amou t 3op W7 SUN TRUST AP U7574 02/05108 5,852.0 la|m# SonR ul Wo^|ptinO 000 LEASE 4 POLICE UMlQ 6 TWCKS PO4 Sot C0&W lW001 lnvC It Gross Amount Diomu t AM DiunmmL Wd IV X0OU t 15058 8 W601 01/31/08 E'O52.21.,,- 0.80 5.H2.20 GL 0ikr&U1w" Sr0oo Most Nnk DWI An0 08o:riPtioO 1 *ANl.,NU& -FY P&W[NT3 FOR A P0ICE PURSU T VGDCTS $955.0750 &TE80E I � LEX E PUMPS R0 5 TRUCKS P0 L��iJat�� Xmm� — -----' —-----'---------------'------------------------------- an�� Var�Sr N�� Romit# Pay�o 8ank Cksuk� Ckk ��8 CksCk �Qsnt CSy A8 T0A% SA% -CLIFFND,PH.0 A� �11M WOW 000t0o 0N2 EYXUATONFT: P. KTIATA, AC�� �110 Arommio PayIo hints 5.0 N^WRN0 hy 0424 A WW"� I UZ NAN., 001 5�1 invow NOW hoc On Irmo 'mono unw= A jown! W to nuo-ir: 15115 0 103 low I AN A 71 'Aluliv (WIN, A XUAB I moval uVe PC LQWA� i 524 11", W VOW Relt! 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Q Ey 2N9 U 5141AP WAK Al 104 , __,?� _ . �_ _�_. �r,:_. 15 A Blank pages purposely omitted: Non-issued "Void" checks: 23, 36, 45 167437 167458 167462 - 63 167593 167599 A �N, 1 U if I CITY OF BALDWIN PARK STAWP&b0IrAGENDA Ii�IDWIN FEB 2 0 2008 P, A, R• K TO: Honorable Mayor & Members of the City Council ITEM Nn, FROM: Vijay Singhal, Chief Executive Officer DATE: February 6, 2008 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of February 20, 2008 — March 4, 2008 The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP As of February 20, 2008 the following requests were received for the period of February 20, 2008 — March 4, 2008: Requested By List of Honorees Time /Date /Place of Presentation Date Needed Recreation & Baldwin Park Swim Team 5:30 p.m. /February 22, Certificates Community Participants 2008 /Julia McNeil 02/21/08 Services Senior Center Department Councilwomen League of Women Voters 11:00 a.m. /February Certificate Marlen Garcia 88th Anniversary Brunch 23, 2008 /Guadalajara 02/21/08 Grill There were emergency requests for plaques and certificates received for the period of February 20, 2008 — March 4, 2008. RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Laura Nieto, Deputy City Clerk CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, Fdmio� 06, 2008 5:00 p.m. ROOM 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Councilmember /Member Marlen Garcia, Councilmember /Member Monica Garcia, Councilmember /Member Pacheco, Mayor Pro Tern/Vice Chair Bejarano, Mayor /Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Rosemary M. Gutierrez, Chief Deputy City Clerk. Councilmember /Member Pacheco arrived at 5:10 p.m.: Councilwoman /Member Monica Garcia arrived at 6:20 p.m. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC §54957 Title: Chief Executive Officer Title: Chief of Police Title: Recreation and Community Services Director Title: Public Works Director Title: Human Resources. Manager 2. CONFERENCE WITH LABOR NEGOTIATOR GC §54957.6 A. Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer Page 1 of 3 B. Vijay Singhal, Chief Executive Officer Unrepresented Employees: Chief of Police, Recreation and Community Services Director, Public Works Director and Human Resources Manger 3. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION -- GC §54956.9(a) Name: People of the State of California v. Escobar, et al. Case No.: Los Angeles Superior Court Case No. BC383182 Name: People of the State of California v. Villalobos, et al. Case No.: Los Angeles Superior Court Case No. BC381206 Name: People of the State of California v. Escobar, et al Case No.: Los Angeles Superior Court Case No. BC383182 Name: People of the State of California v. Mobile Home Group I, LLP, et al. Case No.: Los Angeles Superior Court Case No. BC376770 Name: People of the State of California v. Steiny, et al. Case No.: Los Angeles Superior Court Case No. BC379254 Name: People of the State of California v. VCC Alameda LLC, et al. Case No.: Los Angeles Superior Court Case No. BC380431 Name: People of the State of California v. Villalobos, et al. Case No.: Los Angeles Superior Court Case No. BC381206 Name: People of the State of California v. Villescas, et al. Case No.: Los Angeles Superior Court Case No. BC380029 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Property: 12746 Via Van Cleave City Negotiators: Vijay Singhal and June Ailin Negotiating party: Hoang V. Nguyen & Bach Lan Thi Ngo Under negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Pannone reported that there was no reportable action on any of the four Closed Session items. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 7:05 p.m. Page 2 of 3 Approved as presented by the Council /Commission at their meetings held February 20, 2008. Laura M. Nieto Deputy City Clerk Page 3 of 3 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 06, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson. PLEDGE OF ALLEGIANCE ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tem Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, City Treasurer Contreras, City Clerk Rubio, Rosemary M. Gutierrez, Chief Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano adjorned in memory of Senior Gilbert Acedas; Katalina Velasquez, mother of very well known teacher Luz Velasquez; David Altman, business owner; friend of Mayor's Robert Lopez and Mayor's neighbor Bill Watkins, associate pastor at Faith Community. Councilmember Marlen Garcia, further commented on the passing of Robert Lopez, as well as Michael Carney, representative of AT &T external affairs department. City Clerk Rubio requested that the meeting also be adjourned in memory of Pagel of 8 Thomas Grycel. Mayor Lozano recognized Jack White, former Mayor of Baldwin Park and current School Board member; and Al Contreras, Director of Upper San Gabriel Valley Water District and newly elected Baldwin Park Unified School District Board Member Member Chris Lucero. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation of Certificates to Winners of 2008 Used Oil Block Grant Calendar Contest Mr, Kevin Sales thanked the principals and teachers for their participation. He also thanked Allen Company and San Gabriel Valley Water Company. Plaque presentation to Billy Rugh, Creative Planet for being awarded the David Chow Humanitarian Award Mayor Lozano, joined by the City Council presented a plaque to Billy Rugh. PUBLIC COMMUNICATIONS Mary Elmer, Women's Club and President Gloria Fiore, invited the Council to their annual scholarship dinner to be held March 13th and requested donations for this event. President Fiore invited all to attend. Pastor Jackson appealed to the Council on behalf of 13 year old Lawrence Garcia, who has been diagnosed with cancer. The search for bone marrow has commenced and the Chamber of Commerce is offering the building for people to go on March 9 to take the swab test to see if they can find a match. Daniel Clansey congratulated the Council for building houses for low income people. He also spoke about the busses. Dana Clansey, complained about the sewers. Chris Kuberry, Vice President of Baldwin Park POA stated that the Association supported Chief Lopez with a unanimous vote of confidence and recognized him and the entire command staff for making public safety a priority. He further annouced that Chief Lopez had been terminated. Detective Mark Adams, Baldwin Park Police Department, commented on his eight years of service to the City and on his dissatisfaction with the actions of the Council regarding Chief Lopez. Thomas Carey, Elton St., spoke about the dismissal of Chief Lopez. He also spoke about code enforcement regarding weeds. Kenneth Woods, business owner and resident, thanked the Council regarding the presentation to homeowners. Three points are necessary; local participation; business involvement and build around existing infrastructure. Page 2of8 Tony Mena, 10 year Baldwin Park resident & member of Chamber of Commerce, commented on the proposed development that will benefit Baldwin Park. Andrew Morales Miramontes, resident, expressed support for the proposed project. His support has not waivered in fact, it has increased daily with the knowledge and information he has researched about the project. Jim Treasurer, resident, requested Council to cease project and begin the procedures again. Amelinda Beas, resident, stated that development is not working. Greg Tuttle, business owner, thanked City Clerk's office and further commented on redevelopment, census information and surveys. James Park, business owner, asked Council to proceed with active role for the day labor situation at the Home Depot site. Rafael Ortiz spoke in opposition to the proposed downtown redevelopment project. Mr. Lopez, Downing Avenue resident & property owner, spoke about the proposed downtown redevelopment project. Stated that his property was appraised by city -hired appraiser at $375,000 Mr. Lopez hired a private appraiser who appraised his property at $470,000. He is not against redevelopment but spoke against the process. Fidel Vargas, resident, has heard various speakers state that they are not against development but don't want this to happen. Mr. Vargas expressed confusion with previous speakers' comments. Public Communications closed at 8:20 p.m. CONSENT CALENDAR Motion: Approve Consent Calendar as presented Moved by Councilmember Marlen Garcia, 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 FEBRUARY 6, 2008 TO FEBRUARY 19, 2008 City Council approved the preparation and presentation of the awards as outlined in staff report. 3. MINUTES City Council approved the minutes of the January 9, 2008 meeting (regular & Page 3 of 8 special). 4. CLAIM REJECTION City Council rejected the claims of Christina Cervantes and Juan Hinojosa and directed staff to send the appropriate notices of rejection to claimants. 5. TREASURER'S REPORT FOR PERIOD ENDING DECEMBER 31, 2007 City Council received and filed the report. 6. 2nd READING OF ORDINANCE NO. 1314 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1314 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 98.02 OF AND ADDING SECTION 98.07 AND 98.08 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT; APPLICANT: CITY OF BALDWIN PARK ". 7. RESOLUTION AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) UPON RECEIPT OF A TRANSPORTATION PLANNING GRANT City Council waived further reading, read by title only and adopted Resolution No. 2008 -006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF A TRANSPORTATION PLANNING GRANT: ENVIRONMENTAL JUSTICE CONTEXT - SENSITIVE PLANNING FROM THAT AGENCY ". 8. APPROVAL OF MEMORANDA OF UNDERSTANDING (MOU) FOR GENERAL UNIT OF MAINTENANCE EMPLOYEES - SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU) LOCAL 721 City Council waived further reading, read by title only and adopted Resolution No. 2008 -004 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU LOCAL 721 PROVIDING FOR EMPLOYEES REPRESENTED BY THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SEIU LOCAL 721 ". 9. AUTHORIZATION TO NEGOTIATE TERMS AND CONDITIONS OF A STREET ENCROACHMENT PERMIT FOR BURGER KING ON RAMONA BOULEVARD City Council granted the Chief Executive Officer the authorization to negotiate Page 4 of 8 the terms and conditions on a new encroachment permit, and upon confirmation of the City Attorney, bring back an agreement to the City Council for ratification. 10. NOTICE OF INTENT TO VACATE A PORTION OF CALMVIEW AVENUE BETWEEN NUBIA STREET AND OLIVE STREET - V -1 -2008 City Council waived further reading, read by title only and adopted Resolution No. 2008 -003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF STREET RIGHT -OF -WAY ON CALMVIEW AVENUE; V -1- 2008 ". 11. AUTHORIZATION TO PROCEED WITH A REQUEST FOR PROPOSALS FOR THE PLANNING AND DESIGN OF THE MORGAN PARK IMPROVEMENTS City Council approved the Request for Proposals and directed staff to review proposals and recommend to the City Council a design consultant for the project. SET MATTERS - PUBLIC HEARINGS 12. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ELIMINATING CHECK CASHING BUSINESSES AND MONEY WIRING BUSINESSES AS A LAND USE THROUGHOUT ALL COMMERCIAL OR INDUSTRIAL ZONES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -160 City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. There were no speakers, therefore, the public hearing was closed. Motion: Approve City Council waived further reading, read by title only and adopted Resolution No. 2008 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO CHECK CASHING BUSINESSES, MONEY WIRING BUSINESSES AND FREESTANDING ATM KIOSKS; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -160" and waived further reading, read by title and introduced for first reading Ordinance No. 1312 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CHECK CASING FACILITIES, MONEY WIRING FACILITIES, AND FREESTANDING ATM KIOSKS; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -160" Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. REPORTS OF OFFICERS 13. APPOINTING A COMMUNITY ORGANIZATION TO THE SIERRA VISTA Page 5 of 8 PROJECT AREA COMMITTEE - RESOLUTION NOS. 2008 -011 AND 2008 -012 Manager Picazo presented the report - as a result of the resignation of the Friends of the Library, several community organization have been contacted. Representatives from the Chamber, Christ Extended Hand, and East Side Little League and National Little League. All have provided letters of interest to participate. City Council has option of selecting. Councilmember Marlen Garcia recommended the appointment of East Side Little League. Motion: The City Council appointed community organization EAST SIDE LITTLE LEAGUE to the Sierra Vista Project Area Committee and waived further reading, read by title only and adopted Resolution No. 2008 -011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESCINDING RESOLUTION NO. 2007 -054 AND MAKING A FINDING OF CONFORMITY IN THE ELECTION OF THE PROJECT AREA COMMITTEE FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA, CONFIRMING THE MEMBERS OF THE PROJECT AREA COMMITTEE" and waived further reading, read by title only and adopted Resolution No. 2008 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESCINDING RESOLUTION NO. 2007- 055 AND MAKING A FINDING OF CONFORMITY IN THE ELECTION OF THE PROJECT AREA COMMITTEE FOR THE SIERRA VISTA REDEVELOPMENT PROJECT AREA, AND CONFIRMING THE MEMBERS OF THE PROJECT AREA COMMITTEE ". Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. 14. "KEEP BALDWIN PARK BEAUTIFUL" PROGRAM CEO Singhal presented the report. Program Coordinators Rudy Galindo, Helen Hernandez, Director Manny Carrillo and Manager Marc Castagnola spoke about the various elements of the proposed program. Motion: Authorize staff to proceed with the implementation of the program as presented Moved by Councilmember Marlen Garcia, no second required. CEO Singhal thanked the following: Waste Management, Sam Perdomo; Royal Coaches; Home Depot, WalMart, Target, School District, Churches, and Chamber of Commerce; Community members Pastor Jackson, Cecelia Bernal, Mary Ferrer, Fidal Vargas, Amanda Serrato, Principal of Birch Elementary, Cruz, Baldwin Park Principal, Calderon Teacher, Bertha Saavedra, Joseph Armendariz. Also recognized Program Supervisor Helen Hernandez, Program Coordinators Vanessa Carbaial & Rudy Galindo, Code Enforcement Officer Mike Jiles, Chief Deputy City Clerk Rosemary Gutierrez, and Housing Manager Suzie Ruelas. 15. APPOINTMENTS TO FILL UN- EXPIRED VACANCIES ON THE PLANNING AND HOUSING COMMISSIONS Motion: waive further reading, read by title only and adopt Resolution No. Page 6 of 8 2008 -009 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2007 -057 APPOINTING AN INDIVIDUAL TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY ERIC CABRERA TO OFFICE NO. 3 FOR A TERM EXPIRING JUNE 30, 2009. Moved by Mayor Lozano, seconded by Mayor Pro Tern Bejarano. Motion: waive further reading, read by title only and adopt Resolution No. 2008 -010 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2007 -029 APPOINTING AN INDIVIDUAL TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY ANGELA ALVARADO TO OFFICE NO. 5 FOR THE UN- EXPIRED TERM TO JUNE 30,2008". Moved by Mayor Pro Tern Bejarano, seconded by Councilmember Marlen Garcia. The City Clerk was directed to notice the vacancy of Office No. 4 of the Planning Commission created by the appointment of Commissioner Cabrera to the Housing Commission. 16. RE- INTRODUCTION OF ORDINANCE NO. 1313 Motion: waive further reading, read by title and introduce for first reading Ordinance No. 1313, entitled, "AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE DECLARING A TWO -HOUR PARKING RESTRICTION ON RAMONA BOULEVARD BETWEEN BADILLO STREET AND PARK AVENUE ". Moved by Mayor Lozano, seconded by Mayor Pro Tern Bejarano. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request from Mayor Lozano for discussion on the following: Request Council approval to establish an ordinance to ban /limit the usage of plastic bags at markets and pharmacies. The matter was referred to legal counsel to bring back report to affect the requested change. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Gilbert Acedas, Katalina Velasquez, David Altman, Robert Lopez, Bill Watkins and Thomas Grycel at 8:45 p.m. Approved as presented by the Council at their meeting of February 20, 2008. Page 7 of 8 Laura M. Nieto Deputy City Clerk Page 8 of 8 CITY OF BALDWIN PARK y Ulf -•'U P - A - R • K TO: Honorable Mayor and City Council. FROM: Michael Taylor, Acting Chief of Police DATE: February 11, 2008 SUBJECT: Contract Agreement Between Irwindale Police Department and the Baldwin Park Police Department for Jail Services PURPOSE Staff requests City Council approve, and make automatically renewable, a Contract Agreement between the Baldwin Park Police Department, and the Irwindale Police Department, for the latter to continue to utilize the City's jail for booking adult male prisoners. BACKGROUND I DISCUSSION Since May 1, 1996, the Irwindale Police Department has utilized the City's jail to book and incarcerate the adult male prisoners they arrest during the course of their duties. The original Agreement has been renewed yearly since 1996. Irwindale Police Department stopped using the City's jail service in March 2006, but requested to reinstate the Agreement because of more favorable operating conditions with the City. The relationship between the Irwindale Police Department and the City police department is interactive in nature and of mutual benefit to both agencies. Allowing this service to continue until either department has a need to change or end it will foster a continued harmonious relationship while reducing the number of criminal offenders at large within our community. The City Attorney has reviewed the Agreement and approved it as to form. FISCAL IMPACT It is recommended that the fee per adult male booking be set at $125,00. Irwindale Police Department averages about 240 adult bookings a year, resulting in generated revenue of $30,000. RECOMMENDATION Staff recommends the City Council approve the Agreement between the City of Baldwin Park and the Irwindale Police Department. INTERCITY AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND THE CITY OF IRWINDALE TO BOOK AND HOUSE IRWINDALE POLICE DEPARTMENT ARRESTEES AT THE BALDWIN PARK CITY JAIL THIS CONTRACT is made and entered into the {14st day of July, 20071, by and between the City of Baldwin Park and the City of Irwindale. Baldwin Park and Irwindale are municipal corporations. ARTICLE I — PURPOSE AND SCOPE The purpose of this Agreement is to establish the requirements between the City of Baldwin Park and the City of Irwindale for the booking and housing of Irwindale Police Department arrestees at the Baldwin Park City Jail. The Agreement delineates each party's responsibilities relative to this relationship. Subject to the provisions of this Agreement, the City of Baldwin Park agrees to accept and provide for the secure custody, care, and safekeeping of Irwindale Police Department arrestees in accordance with state and local laws, standards, policies and procedures, or court orders applicable to the operations of a Type I Jail Facility. Any physically and /or mentally ill or injured prisoner, pregnant/lactating woman, arrestee with a communicable disease, or prisoner taking prescribed medication(s) (as specified in the City of Baldwin Park Police Jail Manual Medical Procedures) will not be accepted in the Baldwin Park City Jail. Further, the City of Baldwin Park reserves the right to refuse to house any arrestee at the City of Baldwin Park's sole discretion. Neither this agreement nor any interest therein may be assigned or transferred to any other party without advanced written consent from the other party. ARTICLE II — TRANSPORTATION Irwindale Police Department agrees to transport those arrestees they desire to be held to the Baldwin Park City Jail. The Irwindale Police Department shall contact the Baldwin Park Police Dispatch Center prior to any such transport and advise the number of arrestees, the sex, and the charges of the arrestee(s). ARTICLE III — BOOKING Upon arrival at the Baldwin Park City Jail, the arresting /transporting officer from the City of Irwindale shall conduct a full pat -down search and remove all personal property from the arrestee (except clothing) including shoes. The arresting /transporting officer from the City of Irwindale shall conduct a timely booking search in the jail booking cage and be responsible for the seizure, documentation, and storage of located contraband. The arresting /transporting officer from the City of Irwindale shall complete the Baldwin Park Police Arrestee Pre - booking form. The Baldwin Park Jailer will perform a secondary booking search in the presence of the arresting /transporting officer from the City of Irwindale. Any evidence or contraband will be turned over to the arresting /transporting officer. The Irwindale Police arresting /transporting officer shall transport the arrestee to the appropriate medical facility as soon as possible for an "OK to book ", prior to 1 transporting the arrestee to the Baldwin Park City Jail, in the event that the Irwindale Police arresting /transporting officer has reason to believe that the arrestee might meet specified criteria disallowing booking at the Baldwin Park City Jail (i.e. visible injuries on the arrestee, use of force on the arrestee, the arrestee exhibiting signs /symptoms of illness or injury, etc.). The Jailer will conduct a Pre - booking Medical Screening of all arrestees. If during the medical screening process it is determined that the prisoner meets specified criteria disallowing booking at the Baldwin Park City Jail, the Irwindale Police arresting /transporting officer shall transport the arrestee to the appropriate medical facility as soon as possible for an "OK to book." If it is determined that a medical emergency exists the L. A. County Fire Department Paramedics shall be summoned to the jail. If the paramedics determine the prisoner needs to be transported to the hospital, the arresting /transporting officer from the City of Irwindale shall accompany the arrestee to the hospital. All costs associated with the emergency transportation of the arrestees by ambulance, as may be required in this paragraph, shall be borne by the City of Irwindale. All arrestees that have been injured or ill that have been seen and cleared by a doctor to be booked and housed at the Baldwin Park City Jail shall have written documentation from the attending doctor stating that the arrestee has been cleared or approved for booking and housing at the Baldwin Park City Jail. Up until the point where the Baldwin Park Police Jailer accepts full custody of the arrestee, the arresting /transporting officer from the City of Irwindale shall remain with his /her arrestee. The jailer shall enter each arrestee into the Los Angeles County Jail Booking System (JDIC). The jailer will Live -Scan fingerprint and take a digital photograph of each arrestee. An electronic copy of each arrestee photograph will be furnished to Irwindale Police. Irwindale Police officers shall be responsible for completing Probable Cause Declarations (PCD) as required by law. The PCD will be completed prior to the arresting /transporting officer leaving the Baldwin Park City Jail. Juvenile arrestees /detentions will be booked and housed in non - secure or secure housing for a maximum of six hours. If a juvenile will not be released within the six hour time limit, Irwindale Police personnel shall be required to remove the juvenile from the City of Baldwin Park Jail before the six hour time limit expires. Juvenile s requiring transportation to a juvenile detention facility will be the responsibility of Irwindale Police personnel. Irwindale Officers shall be allowed to utilize the City of Baldwin Park Jail Intoximeter for breath tests of DUI arrestees. 0 While utilizing the City of Baldwin Park Jail, the Irwindale Police Department and its employees agree to comply with all regulations and guidelines of the City of Baldwin Park Police Jail Manual. This manual is attached as Exhibit A of this Agreement. ARTICLE IV — PRISONER PROPERTY The Jailer shall receive the prisoner's property and itemize each piece of property on the booking sheet. Excess property that cannot fit within the approved Los Angeles County Sheriff's property bag is to be retained by the Irwindale Police Department. ARTICLE V — HOUSING Upon the completion of the booking process, the arrestee will be placed in general population, unless directed otherwise. The arrestees will remain in the custody of the City of Baldwin Park Jail up to the point they are transported to court, or are released on a citation, released pursuant to California Penal Code Section 849, or post bail or bond. Arrestees approved for release shall be released from the Baldwin Park City Jail unless otherwise directed by the Irwindale Police Watch Commander. ARTICLE VI — RELEASE NOTIFICATION Whenever possible, the jailers shall notify the Irwindale Police Watch Commander before any Irwindale Police Department arrestee is released from custody. ARTICLE VII — ADVISAL It will be the responsibility of the Irwindale Police Department to advise their arrestees of their constitutional rights and subsequent waiver and statement as required by law. Baldwin Park Police Department will make available interview rooms for Irwindale officers and detectives to conduct arrestee interviews. Also, a visitor interview room will be available for prisoner visits with family members, clergy, and attorneys. Visitor interviews will be handled by the jailer. ARTICLE VIII — COURT TRANSPORTATION The jailers or court officers will transport those arrestees designated for arraignment to the West Covina Superior Court, jail lock -up. It will be the responsibility of the Irwindale Police Department to notify the jailer which arrestees they want transported to court by 0800 hours each court day. Transportation to any court other than West Covina Superior Court will not be provided by the City of Baldwin Park, and shall be the sole responsibility of the City of Irwindale. ARTICLE IX — FEEDING Prisoner meal times are set at 0600 hours, 1200 hours and 1800 hours. Prisoners that come in between feeding periods will be afforded the opportunity to eat following the booking process. 3 ARTICLE X — WARRANT CHECKS Prior to booking, it will be the responsibility of the City of Irwindale to conduct warrant checks on each arrestee based on known aliases and date of birth. All applicable law enforcement data banks shall be queried. Verified warrants shall be added to the arrestee's primary charge. ARTICLE XI — CRIMINAL HISTORY /RAPS The arrestee's criminal history records for criminal filing will be processed by the Irwindale Police Department. ARTICLE XII — MEDICAL EMERGENCY TRANSPORTATION Once an arrestee is booked and placed in general population, and if an emergency condition develops, the L. A. County Fire Department Paramedics will be summoned. If the paramedics determine the inmate needs to be transported to a hospital for treatment, a Baldwin Park Police Officer will provide security to the hospital and while at the hospital. The Irwindale Police Watch Commander shall be notified as soon as possible whenever one of their arrestees is transported from the Baldwin Park City Jail. If due to medical conditions, the arrestee cannot be returned to the Baldwin Park City Jail, the Irwindale Police Watch Commander will be notified. The arrestee maybe cited out, released under California Penal Code Section 849, or transported to LA County Jail for housing at the discretion of the Baldwin Park Police Watch Commander. All costs associated with inmate transfer as provided for under this paragraph shall be borne by the City of Irwindale. ARTICLE XIII - NON- EMERGENCY MEDICAL TRANSPORTATION Inmates in need of non - emergency medical treatment shall be transported to the respective medical facility under guard by a Baldwin Park Police Officer. The inmate may not return to the Baldwin Park City Jail unless he /she has been approved to be booked /housed at the Baldwin Park City Jail by a medical doctor. Responsibility and costs associated with inmate transfer as provided for under this paragraph shall be borne by the City of Irwindale. ARTICLE XIV — BOOKING /HOUSING CHARGES It is agreed that the Irwindale Police Department will be charged $125.00 for each of their arrestees booked into the Baldwin Park City Jail. Additional costs associated with necessary medical services, including transportation and /or booking fees for an arrestee being transferred to LA County Jail prior to arraignment will be the responsibility of the City of Irwindale. The Baldwin Park City Jail will maintain a ledger reflecting the arrestee's name, booking number /case number, date and time booked, date and time released, and method of release. Each month a copy of this ledger, along with an invoice, will be sent to the Irwindale Police Department for payment. 4 The Irwindale Police Department will submit payment for any invoices received within 30 days of receipt. A Cost of Living Adjustment of 3% shall be added to the booking charges for each arrestee beginning July 1St of each fiscal year. ARTICLE XV — LIABILITY Pursuant to Government Code Section 895.4 the parties have agreed to mutually indemnify each other as provided for in this section. Irwindale shall defend, indemnify, and hold harmless the City of Baldwin Park, its officers, and employees, from and against all liability for false arrest, false imprisonment, violation of Civil Rights, and all other claims arising out of intentional or negligent acts by Irwindale, its officers, and employees relating to its detention, arrest, transportation of arrestees, or other activities, duties, or obligations under this agreement. The City of Baldwin Park shall defend, indemnify, and hold harmless Irwindale, its officers, and employees from and against all liability for false arrest, false imprisonment, violation of Civil Rights, and all other claims arising out of intentional or negligent acts by the City of Baldwin Park, its officers, and employees relating to the activities, duties, or obligations under this agreement. ARTICLE XVI — TERMINATION OF AGREEMENT Either party may discontinue this agreement with 90 -days written notice or sooner if mutually agreed upon in writing by both parties. 5 ARTICLE XVII - NOTICE Notice to either party shall be to the following addresses: Baldwin Park Police Department Irwindale Police Department Attn: Lieutenant Bob Delgado Attn: Lt. Robert Barnes 14403 Pacific Avenue Baldwin Park, CA 91706 City of Baldwin Park Vija inghal, G130 01 / 10/0 $ Date Ed Lopez, Chief of Police ATTEST: Rosemary Gutierrez Chief Deputy City Clerk APPROVED AS TO FORM Baldwin Park City Attorney 1 on 5050 N. Irwindale Ave. Irwindale, CA 91706 City of Irwindale Robert Grie , Cit Manager Date Sol Benudiz, Chief of ATTEST: Linda J. Kimbro, CMC Deputy City Clerk APPROVED AS TO FORM Irwindale City tt ey BY'£' 1 / / / /�I f 11 � BALDWIN P - A : R • K 4001T,B DATE: CITY OF BALDWIN PARK FEB 2 iI 2008 l:'. Honorable Mayor and Councilmembers Marc Castagnola, Community Development Manager -�Vl/ February 20, 2008` SUBJECT: Second reading of Ordinance 1312. Approval of amendments to Section 153.003 of the Municipal Code relating to definitions for financial institutions, check cashing facilities, money wiring facilities, and freestanding ATM kiosks (Applicant: City of Baldwin Park; Case No.: AZC -160). This report requests City Council approval of Ordinance 1312 amending Section 153.003 of the Baldwin Park Municipal Code relating to financial institutions, check cashing facilities, money wiring facilities, and freestanding ATM Kiosks. BACKGROUND/DISCUSSION This Ordinance was introduced at the City Council meeting on February 6, 2008 for first reading, and at that meeting Ordinance 1312 was approved by the City Council. The Ordinance amends Section 153.003 of the Baldwin Park Municipal Code relating to definitions for financial institutions, check cashing facilities, money wiring facilities, and freestanding ATM Kiosks. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1312 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment #1, Ordinance 1312 REPORT PREPARED BY: Amy L. Harbin, City Planner ATTACHMENT #1 ORDINANCE 1312 C:\Amy\AMY\WORD \Reports \Council Reports\AZC -160 2nd reading.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.003 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CHECK CASHING FACILITIES, MONEY WIRING FACILITIES, AND FREESTANDING ATM KIOSKS (APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 160) WHEREAS, In February 15, 2006, the City Council adopted Ordinance 1279 declaring a moratorium on the establishment of check cashing facilities, money wiring facilities and freestanding ATM kiosks within the City of Baldwin Park for a period of 45 days; and WHEREAS, on March 15, 2006, the City Council adopted Ordinance 1284 extending the initial moratorium on the construction of check cashing facilities, money wiring facilities and freestanding ATM kiosks for an additional twenty -two (22) months and fifteen (15) days; and WHEREAS, the City of Baldwin Park desires to improve its visual and aesthetic image; and WHEREAS, in an effort to assist in attaining a positive, aesthetically pleasing city image, the City desires to eliminate the future establishment of check cashing facilities, money wiring facilities and freestanding ATM kiosks within the City of Baldwin Park; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Section 153.003 of the Baldwin Park Municipal Code is hereby amended by inserting the following definitions to that section in correct alphabetical order: § 153.003 Definitions. BANK/FINANCIAL INSTITUTION. A full - service state or federally chartered bank, savings association, credit union or industrial loan company, but does not include any business whose primary function is check cashing, money wiring or operation of freestanding automated teller machines /kiosks. CHECK CASHING. A person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts money orders or other commercial paper serving the same purpose. Check cashing does not include a retail seller (i) engaged primarily in the business of selling consumer goods, including consumables to retail buyers, and (ii) that also cashes checks or issues money orders for a minimum flat fee not exceeding Two Dollars ($2.00) as a service to its customers that is incidental to its main purpose of business. MONEY WIRING. A person or entity that for compensation primarily engages in the business of sending money to an end entity via a transfer for pick -up by an individual or business entity. FREESTANDING AUTOMATED TELLER MACHINE /KIOSKS. A machine not on the premises of a financial institution, either manned or unmanned, that engages in receiving deposits and dispensing cash money from walk -up individuals. This definition does not include an unmanned automated teller machine that is located wholly within the confines of a retail seller engaged primarily in the business of selling consumer goods and or perishables. Section 2. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. APPROVED, and ADOPTED this 6th day of February, 2008. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary Gutierrez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1312 was introduced at a regular meeting of the City Council held on February 6, 2008, and was adopted by the City Council at its regular meeting held on February 20, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary Gutierrez, CIVIC Chief Deputy City Clerk AU1LLL/ • TO: FROM: DATE: SUBJECT PURPOSE CITY OF BALDWIN PARK FEB 2 x i 2008 ITEM NO, 16 AGENDA STAFF REPORT Honorable Mayor and Members of the City Council,,--,,,,, Edwin "William" Galvez, Director of Public Works«s� February 20, 2008 r` 2nd READING OF ORDINANCE NO. 1313 The purpose of this staff report is to request City Council adopt on second reading Ordinance No. 1313, which has been amended from the first reading. BACKGROUND At its meeting of February 6, 2008, the City Council introduced Ordinance No. 1313 for first reading. In order for the ordinance to become effective, it must be adopted on second reading. Once adopted the ordinance will take effect 30 days from the date of adoption. Staff surveyed the area for comments from businesses prior to the first reading. Since the first reading one business approached staff with comments over the restrictions on Ramona Boulevard between Badillo Avenue to Auction Avenue. Since parking restrictions may change from time to time, staff recommends that this minor amendment be included now to satisfy all affected businesses. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1313 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE DECLARING A TWO -HOUR PARKING RESTRICTION ON RAMONA BOULEVARD BETWEEN BADILLO STREET AND PARK AVENUE ". Attachment: • Ordinance No. 1313 ORDINANCE NO. 1313 AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE DECLARING A TWO -HOUR PARKING RESTRICTION ON RAMONA BOULEVARD BETWEEN BADILLO STREET AND PARK AVENUE WHEREAS, the City Council of the City of Baldwin Park has determined that restricting parking at certain locations and at certain times during the day helps equitably distribute the availability of public parking on public streets; and WHEREAS, in orderto prevent individuals from parking theirvehicles on the streets adjacent to the Baldwin Park Metrolink Station the city must restrict parking on said adjacent street to allow business and resident fair and equitable access to park or stand vehicles on those streets during daytime hours; and WHEREAS, the City Council has previously authorized the establishment of Chapter 74 of the Baldwin Park Municipal Code to help with equitably providing parking opportunities to the public in public streets adjacent to residences and businesses; and WHEREAS, Section 72.13 (c) of the Baldwin Park Municipal Code authorizes the Director of Public Works to place signs and curb markings specifying a parking restriction between the hours of 8:00 a.m. and 6:00 p.m., establishes a permit to park without limitation, and confirms a schedule designating the restricted two -hour parking set forth in Chapter 74, Schedule I. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Chapter 74 of the Baldwin Park Municipal Code is hereby amended as follows: Add to Schedule I. Two -hour Parking Restriction: Ramona Boulevard, Badillo Street to Park Avenue SECTION 2. Chapter 74 of the Baldwin Park Municipal Code is hereby revised to read as follows: Ordinance 1313 Page 2 of 3 Schedule I. Two hour parking restriction. Cross - reference: Parking time regulated, see § 72.13 SCHEDULE 1. TWO -HOUR PARKING RESTRICTION. Those streets and parts of streets enumerated in this schedule are declared to be areas where no operator of any vehicle shall stop, stand or park the vehicle in such areas between the hours of 8:00 a.m. and 6:00 p.m., of any day except Sundays and holidays, for a period of time longer than two hours, unless the vehicle displays a valid city permit. Street Location Ord. No. Date Passed Bogart Avenue Pacific Avenue to Ramona Boulevard 07 -19 -2000 Central Avenue Downing Avenue to Vineland Avenue 07 -19 -2000 Chevalier Avenue Downing Avenue to Vineland Avenue 08 -16 -2000 Court de la Gair Pacheco Drive to Lozano Drive including all off - street parking 1191 07 -02 -2002 Downing Avenue Pacific Avenue to Ramona Boulevard 08 -16 -2000 Jeremie Avenue Downing Avenue to Vineland Avenue 08 -16 -2000 Lozano Drive Badillo Street to Pacheco Drive 1191 07 -02 -2002 Pacheco Drive Lozano Drive to Court de la Gair 1191 07 -02 -2002 Ramona Boulevard Badillo Street to Park Avenue 1313 02 -20 -2008 (Ord. 1165, passed 8- 16 -00) Ordinance 1313 Page 3 of 3 SECTION 3. That the City Clerk shall certify the adoption of this Ordinance and shall cause the same to be processed in the manner required by law. PASSED AND APPROVED ON THE day of 12008 MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 6, 2008. That thereafter said Ordinance No. 1313 was duly approved and adopted at a regular meeting of the City Council on , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY M. GUTIERREZ, CHIEF DEPUTY CITY CLERK QTY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: February 20, 2008 SUBJECT: RESOLUTION AUTHORIZING THE APPLICATION FOR A HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT 101:1001-44 The purpose of this report is to obtain approval of a Resolution which would authorize the City to submit an application to the California State Department of Transportation for a Highway Safety Improvement Program Grant. BACKGROUND The HSIP grant was previously known as the Hazards Elimination Safety (HES) Grant Program. Changes were made to the safety programs resulting in a separate call for projects to place greater emphasis on a Safety Index and on a new category of traffic data collection and analysis systems. This call for projects covers federal fiscal year (FFY) 2007 -2008 and IFFY 2008 -2009. This Federal program is funded on a competitive basis up to a total of about $70 million statewide. A 90% federal reimbursement ratio will apply. Applications are due to Caltrans District 7 Office of Local Assistance on February 29, 2008. DISCUSSION The City of Baldwin Park is in the midst of developing a citywide traffic safety and traffic calming master plan. This effort is to improve the safety of our streets. The master plan implementation would likely be phased in as funding opportunities become available. However, one of the strategies employed by the City to rapidly deliver on the master plan results is to aggressively apply for grants. The funding sought by the City under the Highway Safety Improvement Program (HSIP) Grant will be used to replace dilapidated, faded, and /or missing street name signs. A second component will be the installation of additional speed feedback signs to place at strategic locations that require traffic calming. Resolution Authorizing HSIP Grant Application Page 2 February 20, 2008 The grant application will also include the procurement of traffic counters so that we may improve the tracking and monitoring of traffic volumes, speeds, and vehicle classifications. The cost of replacing all of the street name signs, installing additional sped feedback sign, and procurement of traffic counters is estimated to be $400,000. FISCAL IMPACT The total cost of this project is estimated to be $400,000. The City will be applying for a grant based on a 90% reimbursement ratio and a 10% match. Therefore, if the City successfully secures a grant, the City would be reimbursed $360,000, with a matching amount of $40,000. The matching funds for this grant may be included in the next Fiscal Year's budget, and it may be covered utilizing Proposition 1 B funds that the city will be receiving. There will be no impact on the General Fund. RECOMMENDATION It is recommended that the City Council waive further reading, read by title only, and adopt Resolution No. 2008 -008 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT APPLICATION." A. Resolution No. 2008 -003 B. Transmittal letter from CalTrans Exhibit -A- RESOLUTION NO. 2008 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT APPLICATION WHEREAS, the City of Baldwin Park may receive state funding from the California Department of Transportation (Department) now or sometime in the future for the traffic safety programs; and WHEREAS, the Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23 United States Code (23 U.S.C. §148) was elevated to a core program as a result of the ratification of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETY -LU); and WHEREAS, the statutes related to state - funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and WHEREAS, the competitive amount available for this combined call for projects is approximately $70 million; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements 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 this agreement and applicable statutes, regulations and guidelines for all Federal and State funded safety projects. SECTION 3. That the Chief Executive Officer be authorized to execute the HSIP grant Agreement which is effective FFY 2007/2008 and FFY 2008/2009, and all Program Supplements and any Amendments thereto, for Sate /Federally- Funded Safety Projects with the California Department of Transportation. PASSED, APPROVED, AND ADOPTED this 20th day of February, 2008. MANUEL LOZANO MAYOR Resolution 2008 -008 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2008 -008 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 20, 2008, and that the same was adopted by the following vote to wit: AYES: COUNCILMEMBERS Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK Exhibit "" S ATE OF CALIFORNIA — BUSINESS, TR 1NSPORTATION AND HOTJSING AGENCY ARNOLD SCH WARZENEGGER ovemor DEPARTMENT OF TRANSPORTATION OFFICE OF LOCAL ASSISTANCE AND ALAMEDA CORRIDORS 100 S. MAIN STREET, SUITE 100 LOS ANGELES, CA 90012 PHONE (213) 897 -0784 FAX (213) 897 -2999 December 19, 2007 Mr. Shafique Naiyer Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Mr. Naiver: Subject: Highway Safety Improvement Program (HSIP) Flex your power! Be energy efficient! This is to announce the call for projects for the HSIP program, a safety program that uses transportation funds for construction of local transportation safety projects. This call for projects covers FFY 2007/2008 and FFY'2008/2009. The amounts available for this combined call 1lur projects is approximately $ 70 million. The HSIP Guidelines and application are available on the Internet at http://www.dot.ca.gov/hq/LocalPrograms/. Significant changes to the HSIP (previously known as HES) program have been made. • greater emphasis on Safety Index. • new category of traffic data collection and analysis systems, in which there will be a separate call for projects announced in the future. HSIP applications and support documents should be mailed or submitted in person to: KIRK CESSNA, Chief Office of Local Assistance and Alameda Corridors Caltrans, District 7 100 S. Main Street, 12� Floor Los Angeles, CA 90012 °Caltrans improves mobility across California" December 19, 2007 Page 2 Applications must be submitted to the Caltrans District Office by Friday, February 29, 2008. Should you have any questions, please contact Dale Benson, of my staff. at (213) 897 -2934. Sincerely, F KIRK CESSNA, Chief Office of Local Assistance "Caltrans improves nsohilaY across California" TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: February 20, 2008 SUBJECT: RESOLUTION IN SUPPORT OF A GRANT TO CONDUCT A TRANSPORTATION PLANNING STUDY FOR THE BALDWIN PARK TRANSIT CENTER ENEU The purpose of this report is to obtain approval of a Resolution which would provide support to obtain a Planning Grant from the California State Department of Transportation to conduct a transportation link study. Staff has submitted a grant application to obtain a Planning Grant from the California State Department of Transportation to conduct a transportation link study. The evaluation of the application and the amount of the grant award is contingent on the content of the application and a required resolution of support to conduct such a study. The study would be conducted only if the City is awarded the grant. The Baldwin Park Transit Center is located within the City's central business district, and the center's sphere of influence includes City Hall, the Cultural Arts and Recreation Center, the downtown redevelopment project, a variety of commercial businesses, park - n -ride lots, and the Metrolink Station. The City would benefit from conducting a study which would establish functional pedestrian and bicycle linkages within the entire sphere of influence to promote the walkability and quality of public spaces, which will reduce the communities reliance on automobile travel. In addition, This study would only help the effort to design the Transit Center Parking Structure as it is a required element during conceptual design layout phase. Once completed, the study would provide an advanced starting point in finalizing the Transit Center design. Resolution Supporting a Transportation Planning Grant Page 2 February 20, 2008 DISCUSSION If the City is awarded the grant, a study would be conducted which would focus on Downtown Baldwin Park's major activity nodes including Morgan Park, the Civic Center, and the Metrolink station; community serving retail; and housing. Although the area has retained much of its original pedestrian building orientation, the newer retail and commercial projects have compromised this pattern in favor of automobile- orientated design since the 1970s. Nevertheless, Downtown has managed to retain much of its sense of place and identity as the City's core with the development of the civic center, Metrolink station, and adaptive reuse of older commercial buildings. Through the City's established planning policies the city now seeks to establish pedestrian linkages between the Metrolink station and downtown, pursue the redesign of auto - oriented retail to provide enhanced pedestrian access and reestablish downtown's pedestrian - oriented street system, and to guide future development that will support the following New - Urbanist principles- 0 Interconnected street networks that are designed to encourage walking, reduce the number and length of automobile trips, and conserve energy. 71 The revitalization of urban space depends on safety and security. The design of streets should reinforce the safe environments, but not at the expense of accessibility and openness. O Streets and squares should be interesting, safe, and comfortable for pedestrians. Properly configured, they encourage V calking and a!lor�,= for social interaction. In addition to the above planning elements, other benefits that may result include: • Congestion relief • Efficient movement of people, goods, and services • Safe and healthy communities • Pedestrian, bicycle, and transit mobility and access • Public and stakeholder participation • Measures to reduce air pollution and greenhouse gas emissions • Conservation of energy and other natural resources These same elements will be required to be addressed upon the final design and layout of upcoming noteworthy projects including the multi - million dollar Metrolink Transit Center Parking Structure and the Downtown Redevelopment effort, and also how the development of both of these projects will interface with each other and with the public. The study will help the City plan and design the transit center. The $20,000 hard match may include funds already set aside for the Metrolink Transit Center Parking Structure and the study's results would fulfill many design elements that would be nonetheless necessary. Resolution Supporting a Transportation Planning Grant Page 3 February 20, 2008 FISCAL IMPACT There is no fiscal impact on the General Fund. The study will only be conducted if the city is awarded the grant. The grant amount of $160,000 requires matching funds totaling $40,000. The matching funds may include $20,000 of in -kind services from City staff, leaving only $20,000 as a hard match. The total budget to complete the study is $200,000. RECOMMENDATION It is recommended that the City Council waive further reading, read by title only, and adopt Resolution No. 2008 -013 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROCLAIMING ITS SUPPORT FOR CONDUCTING A TRANSPORTATION PEDESTRIAN LINK STUDY FOR THE BALDWIN PARK TRANSIT CENTER." 1. Resolution No. 2008 -013 2. Letter of Support from Metropolitan Transportation Authority ATTACHMENT 1 RESOLUTION NO. 2008 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROCLAIMING ITS SUPPORT FOR CONDUCTING A TRANSPORTATION PEDESTRIAN LINK STUDY FOR THE BALDWIN PARK TRANSIT CENTER WHEREAS, the City would benefit from conducting a Transportation Linkage Study which would establish functional pedestrian and bicycle linkages within the entire sphere of influence to promote the walkability and quality of public spaces, which will reduce the communities reliance on automobile travel; and WHEREAS, the City of Baldwin Park is submitting a grant application to receive funding by way of the FY 2008 -09 California State Transportation Planning Grant; and WHEREAS, the Baldwin Park Transit Center is located within the City's central business district, and the center's sphere of influence includes City Hall, the Cultural Arts and Recreation Center, the downtown redevelopment project, a variety of commercial businesses, park -n -ride lots, and the Metrolink Station; and WHEREAS, through the City's established planning policies the city seeks to establish pedestrian linkages between the Metrolink station and downtown, pursue the redesign of auto - oriented retail to provide enhanced pedestrian access and reestablish downtown's pedestrian- oriented street system, and to guide future development that will support New - Urbanist principles; and 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 FY 2008 -2009 Community Based Tansportation Planning Grant, the grant agreement conditions, and applicable statutes, regulations and guidelines for all state - funded transportation studies. SECTION 3. That the Chief Executive Officer be authorized to execute the Grant Agreement and any amendment thereto. PASSED, APPROVED, AND ADOPTED this 20th day of February 2008. MANUELLOZANO MAYOR Resolution 2008 -013 Page 2 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, ROSEMARY M.GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2008 -013 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 20, 2008, and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY M.GUTIERREZ CHIEF DEPUTY CITY CLERK 2P Las Angeles County One, Gateway Plaza 213,922.2000 Tel Metropolitan Transportation Authority Lo, Angeles, CA 90012-2952 MAAM-r-&-1 ATTACHMENT january 8, BUS NY NOW ]NIciton CaliformaDeparmitnt of'-F:arisportadon D, -'c 7 100 S out ti'Main Street Lc)s A ngelcs, (,,A 90012 Dear Air. )Aeluni: Re: Recommend-ation for the City of BaJdWiTl Paik's Non- fotorized Transportation,\ester Plan lllcat"e accept this reco.'ain-wundation ietter suppor, ng t1le G", of al(: win Park"'; effort to ""ecj-re fuindirig for flne. developmeri,,. of its Non-I'vlov- . wi.:zed TrkansportaTion Mist Plan. T") e NI'l,"A 'h-as parwercd N-6th &,ddwii'r Parl-,: u-, 'rlan andl im ple.ment avrariet�,,- ofelifferent, transportation pro*�ecv. dear it.uprove tegAonal trioldIty, pri.-miote the use of transit, and emphasize tr"'InSportatiort /land use coonlinatio a, 1-he rv:*i-norable of these p0ects include: * The city's fixed rout.e bus circulator * 11-ic Ba ld-,.wan Rark (Center and Ilansit (hie nted Ek"Awnent ywc1ect whue thc Nfl'A funded $12 milli on of le cost of building the projeci!s coininincr parking StrUC1UJ'(' * Ile proposed San (Urtel Valky W Valley Raod Bus Ttanspanation Ckw6dor along Ramona A.venwt A series, of sureetscape ilmprcyverv),erit prf.-)jects that inaprove pedestnan access to rh& Baldwin Park- Nletroitnk, St-aLian '-I '"ivic Center Bicycle -and Pedestrian iniprwvement projectw-here- And fl 1he C funded rnore than $3 miffion tel imprcive bicycle au, ,xcces, -,e Tran. t,� ti sit Center arid Oic N •errofiak stabon Rwidw-ay improvernent projecf's tli. ut ivnprcivc: tb, efficiency of the city s v;vo rm-ijor rion-r)- south arteri d{ ita i:jrder to relieve local traffic but also irnprove regional m6bilitl,' with ,in the mk-!.-Sa.-n Gabriel Valley- These pTo eras atso rebalance the streets in, order to �,,ccori-In-joclatc t>ic.),cLing and w,.alking. Bald-vvin Park's ptoposec11, N can- Nlotori7 ce ransonation. Alaster Plan will bui, d on dhe siaccessful o e c -Z PT',:"jeC-vi and make, the city more corripetitive m the f ths earli�' te""(')Urces f(.-n Inciects that QJ achkve the caul s goal of beconuij a phwe Nvhuc pwolAe cmi travel NOWn Ile use of a car. J)Jca.;e conmcr me At 213 shoIld yc)u require additional inkWwWom snCerely, i A 1AC W.Al ahmad Antiri Depuy; ISNOCUNt Officer San Gabriel Area CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: February 20, 2008 SUBJECT: APPROVAL OF A LICENSE AGREEMENT FOR BURGER KING TO USE A PORTION OF RAMONA BOULEVARD FOR CODE - REQUIRED PARKING PURPOSES PURPOSE The purpose of this report is to request City Council approve a license agreement with Burger King at 14130 Ramona Boulevard to allow the temporary use of City -owned property for parking purposes to meet code required parking regulations. BACKGROUND On July 17, 1977 City Council granted to San Gabriel Investments, LTD., a then Colorado Limited Partnership, the privilege of encroaching into the public street right -of- way at the southwest corner of the intersection of Ramona Boulevard and Baldwin Park Boulevard for the purpose of constructing and maintaining a parking lot. The encroachment permit allowed certain conditions to encourage the opening of the franchise fast food restaurant known as "Burger King." The permit allowed successive owners to continue the use of the encroachment permit. The agreement allowed for an initial term of (15) fifteen years, commencing from the date of opening of the Burger King Restaurant and allowed for renewals at the option of the owner for three (3) five (5) year periods up to a maximum time period of thirty (30) years. The permit lapsed as of July 17, 2007. DISCUSSION In mid January, 2008, the current Franchisee owner of Burger King, Anil Manaktala, requested a permit renewal. By renewing this permit, the property owner, not the current or future Franchisee will be obligated to abide by the terms of this agreement. Approval of a License Agreement with Burger King Page 2 February 20, 2008 Staff recommends any agreement extended to Burger King require full maintenance of the parking area and landscaping while allowing access to utility companies. It is also recommended the agreement allow the City to terminate the license agreement with cause, as well as without cause if the City determines such termination will assist with opportunities for revitalization of the area. The term of the license agreement is not to exceed 20 years. The licensee shall pay the City a one -time administrative fee of $1,200 and an annual inspection fee of $250. Without this parking area, the existing Burger King facility will not meet the City's parking requirements and, therefore, is an illegal non - conforming use. This agreement will permit the Burger King facility to remain. FISCAL IMPACT The General Fund will benefit from a revenue of a one -time administrative fee of $1,200 and an inspection fee of $250 per year. RECOMMENDATION Staff recommends City Council approve a license agreement with Jim Wilson (property owner), authorize the Mayor to execute the agreement and authorize the Director of Public Works to enforce the terms of the agreement. ATTACHMENT Agreement ATTACHMENT CITY OF BALDWIN PARK LICENSE AGREEMENT WITH JIM WILSON FOR SURFACE PARKING ON RAMONA BOULEVARD The City of Baldwin Park City ( "City ") hereby grants a non - exclusive, temporary License to Jim Wilson ( "Licensee ") for the use by Licensee of City's public right -of -way at the southwest corner of the intersection of Ramona Boulevard and Baldwin Park Boulevard for the purpose of maintaining a landscaped parking area for approximately seventeen (17) parking spaces, as approved by the Public Works Director, in his reasonable discretion and as described in the exhibit attached hereto as Exhibit A ( "Premises "), subject to all the following terms and conditions: 1. USE: Except as provided herein and subject to all the following, Licensee shall have exclusive use of the Premises only for vehicular parking by Licensee's employees and invitees and related landscaping improvements as described below: a. Licensee agrees to allow pedestrian and vehicular access over the Premises by the public. b. The days and hours of Licensee's usage of the Premises shall only be when the existing Burger King facility located at 14130 Ramona Boulevard (the "Property ") is open to the public for business. c. The term of this License shall be until March 1, 2018; provided, that, without any implied or expressed commitment to do so, the parties could agree, on mutually acceptable conditions, to extend this License for two additional five -year (5 -year) terms, or portions thereof, but in no event shall this License be extended beyond March 1, 2028. d. Licensee shall, at all times, maintain in proper working condition all drainage devices and will adhere to National Pollutant Discharge Elimination System (NPDES) storm water pollution prevention program. e. On or before June 30, 2008, Licensee shall improve all portions of the Premises which are not to be used for vehicular travel, as approved by the Public Works Director, in his sole discretion, to create a first class, aesthetically pleasing, well- irrigated landscaped area, similar to that found at McDonalds at 14008 Ramona Boulevard, Target Center at 3100 Baldwin Park Boulevard and In and Out Burger at 13850 Francisquito Avenue and as approved by the Public Works Director, in his reasonable discretion. 2. CITY REQUIREMENTS: In connection with its use of the Premises, Licensee shall comply with all applicable City rules and regulations. In addition, upon a finding by the City Council at a public meeting the Premises and the Property, is not being properly maintained so as to detrimentally affect the value and /or use of other property or public rights -of -way, City Page 1 may cause the improper conditions to be corrected and Licensee shall pay all internal and third -party costs incurred by City to perform such corrections. City may record a lien on the Property for any and all costs which remain unpaid after thirty -days' (30- days') written notice. 3. EFFECTIVE DATE OF LICENSE: This License shall be effective beginning February 21, 2008. 4. IMPROVEMENTS TO THE PREMISES: Licensee (i) shall be responsible to pay for all costs of improvements, if any, made by Licensee to the Premises and (ii) shall not make any improvements of any kind to the Premises without the prior written consent of the City. 5. MAINTENANCE OBLIGATIONS AND OPERATIONAL COSTS: Licensee shall be responsible to pay for all costs of parking operations, including, but not limited to, all installation, development, repair, and maintenance costs for the use of parking lot, and appurtenant landscaping, driveway, planters, irrigation system, and signs to create and maintain the Premises in a first class, clean and aesthetically pleasing manner, as determined in the reasonable discretion of the Public Works Director. 6. CONDITION ON RETURN OF PREMISES: Upon termination of this License, Licensee shall return the improved Premises to City in the same condition, less reasonable wear and tear, at which it existed when the improvements received final City approval. 7. FEE: Licensee shall pay City a one -time license fee of One Thousand Two Hundred Dollars ($1,200.00), and an annual inspection fee on Two Hundred Fifty Dollars ($250.00). The annual fee is due on or before March 1, 2008, and each annual fee is due on or before the July 31 of each year this License is in effect. 8. RIGHT OF ENTRY: In addition to the provisions of Paragraph 1, above, provided such right does not unreasonably interfere with Licensee's use of the Premises, during the term of this License, City and its agents shall have the right to enter the Premises. In addition, City and any public utility shall have the right of access for installation, repair, and maintenance of public roadways and public facilities and utilities. 9. LICENSEE OBLIGATIONS AFTER TERMINATION: Termination of this Licensee shall not terminate Licensee's obligations pursuant to Paragraphs 10 and 11. 10. TAXABLE INTEREST: This License is not intended to create any interest in real property. However, if it is determined this License creates a taxable possessory interest, then Licensee shall be solely responsible to pay such Page 2 taxes. Except for possessory interest tax, City shall pay all other required property taxes, if any. 11. HOLD HARMLESS: Licensee agrees to and hereby does hold harmless, indemnify and defend City and each of their officers, agents and employees from any claim, loss or expense arising out of the use of the Premises by Licensee. Without limiting the obligation set forth in the immediately preceding sentence, Licensee shall provide evidence of liability insurance naming City and its officers, agents and employees as additional insureds, in a form and with endorsements approved by the City Attorney. 12. NO LIENS ON PREMISES: Licensee shall not permit or suffer any mechanic's or materialman's or other lien of any kind or nature to be recorded or enforced against the Premises for any work done or materials furnished thereon at the instance of requirement of or on behalf of Licensee, and Licensee agrees to indemnify and hold harmless City and the Premises against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with such work done, labor performed or material furnished in connection with Licensee's use of the Premises. 13. RIGHT TO TERMINATEMO DISPLACEMENT LIABILITY: City or Licensee shall have the right to terminate this License, with cause, upon six months' (6- months') written notice. City shall have the right to terminate this License, upon six months' (6- months') written notice, if City determines, in its sole governmental discretion after a public meeting, termination will assist with opportunities for revitalization of the area. Neither City nor the Community Development Commission, or any successor or assigns of either shall not be liable for any inverse condemnation damages, loss of goodwill, compensation for any taking, displacement or relocation benefits or expense experienced by Licensee, or for reimbursement for any improvements installed by Licensee, as a result of any termination of this License. 14. GOVERNING LAW: The terms of this License shall be interpreted according to the laws of the State of California. If arises out of this License, then venue shall be in the Superior Court of Los Angeles County. 15. LITIGATION FEES: If litigation arises out of this License for the performance thereof, then the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and reasonable attorney's fees paid or incurred in good faith. Page 3 16. TRANSFERABILITY AND ASSIGNABILITY: The License is neither transferable nor assignable by Licensee. City may assign or transfer this License. 17. NOTICES: All notices given or required to be given pursuant to this License shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows: To City: City of Baldwin Park Attn: Public Works Director 14403 Pacific Avenue Baldwin Park, CA 91706 To Licensee: Jim Wilson 5 Polo Field Lane Denver, Colorado 80209 18. ENTIRE AGREEMENT: This License constitutes the entire agreement of the parties hereto relating to the Premises and shall supersede prospectively from the date it is entered into any and all prior written or oral negotiations or agreements of the parties relating to the Premises. This License shall not be modified in any particular except by a written amendment duly executed by the parties. ATTEST: Rosemary M. Gutierrez, Chief Deputy City Clerk JIM WILSON CITY OF BALDWIN PARK Page 4 Vijay Singhal, Chief Executive Officer EXHIBIT A PREMISES DESCRIPTION Page 1 of 1 w> Location of City Owned Property adjacent to Assessor's Parcel Map 8553- 009 -033 (14130 Ramona Boulevard). Page 2 of 2 Y y- N <tif'��L 5 E � a Y �� rs� 6 � •,`., f y <9 Vin, k ,,�,�t ^.� as � _�} w,y" 4 '} -.. co 4 ti P c., e z x � Location of City Owned Property adjacent to Assessor's Parcel Map 8553- 009 -033 (14130 Ramona Boulevard). Page 2 of 2 CITY OF BALDWIN PARK B_ALDWIN P A, R, K TO: FROM DATE: SUBJECT: STA Honorable Mayor and City Council Members Manuel Carrillo Jr., Director of Recreation and Community Services'_ February 20, 2008 Resolution requesting approval for the revision of the Healthy Policy Yields Healthy Minds Initiative The purpose of this Staff Report is to request the City Council approval to revise the Healthy Policy Yields Healthy Minds Initiative Resolution No. 2008 -014. BACKGROUND Growing out of the need to increase awareness about health and nutrition, staff has been collaborating with other community -based organizations to provide services and opportunities for families in our community to lead healthier lifestyles. Through this collaboration, a grant from The California Endowment created the Healthy Eating Active Communities (HEAC) Initiative, which has been the foundation for a movement to educate the community about the benefits of adopting a healthier lifestyle. Partners in this collaboration include the California Center for Public Health Advocacy, Kaiser Permanente, Los Angeles County Department of Health Services, Baldwin Park Unified School District, Citrus Valley Health Partners, and other key non - profit organizations. The outcome of this three (3) year collaboration has proved to be beneficial for the community. HEAC has conducted fitness demonstrations, nutrition classes, walkability studies, and other key events that have sparked the attention of our community. Through this partnership, the City of Baldwin Park is fighting obesity and making a life long impact to the community environment. Additionally, recent changes at the State level have paved the way for children to have healthier options while at school and in after school programs. To reflect these new changes, staff wanted to revise Resolution No. 2003 -072, which was approved by the City Council in 2003. DISCUSSION Prior to the opening of the Baldwin Park Teen Center and Skate Park, the City of Baldwin Park has been taking proactive steps to educate youth about developing healthier eating habits. In 2005, with the help of the California Center for Public Health Advocacy (CCPHA) vending machines in City operated buildings began offering lower fat snack choices as well as water and sport drinks to replace sugar filled snacks and soda. The Healthy Eating, Active Communities (HEAC) Initiative was designed to demonstrate how collaborative approaches can change environmental risk factors. HEAC has engaged local youth, families, community leaders, and health professionals in creating healthier environments in order to facilitate better choices. HEAC has also increased understanding and awareness of environmental influences on food choices, physical activity behaviors, and the health consequences of poor diets and physical inactivity. By involving residents directly in the program, policy efforts to improve local food and physical activity environments has produced amazing results. Schools have revamped their vending machines, extra - curricular fundraising sales are taking place with alternative non- food items, and residents are showing their commitment to making a change. Through this collaborative, we are directly making an impact in preventing future health problems, especially for our children. The attached revised policy will ensure the City of Baldwin Park is moving forward and in compliance with more stringent rules that have been passed at the State Level such as SB 965, which has improved the level of nutrition standards for schools. By revising our policy, our standards will be in line with state guidelines. FISCAL IMPACT No fiscal impact to the general fund. All program changes and modifications will not affect the current budget. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -014 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE HEALTHY POLICY YIELDS HEALTHY MINDS RESOLUTION OF 2008 ". Attachments: 1) Resolution No. 2008 -014- Healthy Policy Yields Healthy Minds Initiative; 2) Healthy Eating Active Communities Accomplishments; and 3) Newsletter from California Center for Public Health Advocacy -The Growing Epidemic RESOLUTION NO. 2008 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ADOPTING THE HEALTHY POLICY YIELDS HEALTHY MINDS RESOLUTION OF 2008 WHEREAS, the City Council is desirous of amending Resolution No. 2003 -072; WHEREAS, the City of Baldwin Park has a strong interest and moral obligation in providing an all encompassing environment that is conducive to the health of children, which leads to better school attendance, improved behavior, lower incidence of illness, and increased attention, creativity, and academic achievement; WHEREAS, the California Center for Public Health Advocacy analyzed the 2005 California Physical Fitness Test of 5 t 7th and 9th graders by State Assembly Districts and found that epidemic proportions of childhood obesity were prevalent around the State. More specifically in the 57th Assembly Districts results showed that 34.3% of children are overweight -among the highest in the state, up from 32.4% in 2001. 41.0% of children in the district are unfit. WHEREAS, childhood obesity has increased two -fold over the past two decades and adolescent obesity has increased three -fold, a 1998 UCLA survey of 900 students in 14 Los Angeles Unified School District elementary schools found that 40 percent were obese, and research has shown that an extra soft drink a day increases a child's risk for obesity by 60 percent, WHEREAS, a Harvard School of Public Health study of ninth and tenth grade girls found that those who drank colas were three times more likely to develop bone fractures than those who did not, and among physically active girls, those who drank colas were five times more likely to break bones than those who did not; WHEREAS, heart disease, diabetes, cancer death and overall chronic disease death rates are low in the 57th Assembly District, preventive measures must be established locally to educate youth because 80% of the population is under 35 years of age (one of the youngest districts in the state). WHEREAS, many county health facilities, clinics and hospital have closed in the last few years due to state and local budget constraints significantly reducing access to constituent treatment of chronic diseases, preventative health measures and health education; WHEREAS, obese children are at higher risks for long -term health problems such as cardiovascular disease, Type 2 diabetes, asthma, and certain cancers; WHEREAS, obesity costs California an estimated $14.2 billion a year in direct medical costs and lost productivity; WHEREAS, there are healthier, alternatives to soft drinks and sugary snacks that can be made accessible to participants in programs and facilities throughout the city; Resolution No. 2008 -014 Page 2 WHEREAS, research has confirmed that a policy approach to preventing disease confers significant benefit to the populations at large. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. That all of the food, beverages & snacks authorized for sale in vending machines throughout the City of Baldwin Park, shall provide healthier options to youth and residents in the following manner: a. Effective July 1, 2007, the State of California Legislature implemented SB 12 and SIB 965 in all California elementary, middle, and high schools mandating all snack food and beverages on campus to specific content requirements. Effective immediately in the City of Baldwin Park SB12 and SB965 will be applicable in all city buildings and events sponsored by the city to occur no later than March 15, 2008. Senate Bills 12 and 965 (Escutia, 2006) set Nutrition Standards: For Food and Snacks; i) Have no more than 35% of its calories from fat ii) Have no more than 10% of its calories from saturated fat iii) Be no more than 35% sugar by weight iv) Be no more than 250 calories For Beverages: i) Beverages must be fruit based and vegetable based drinks that are at least 50 percent fruit juice without added sweeteners; sanitary drinking water without added sweeteners; milk products including two - percent, one - percent, nonfat, soy, rice and other similar non- dairy drink and electrolyte replacement beverages that contains no more than 42 grams of added sweetener per 20 -ounce serving. Flavored milk must be no more that 35% sugar by weight; b. Mandate City of Baldwin Park staff to receive yearly training and updates on incorporating healthy vending and healthy snacks for special events (holiday functions, youth special events and teen center special events) to comply with SB12/965 Standards. SECTION 2. That youth - orientated programs funded by the city will ensure that snacks served during programs will comply with this motion and ensure that the message of health is modeled for participating youth; SECTION 3. That youth- orientated programs that use city facilities will be encouraged to comply with this motion and ensure that the message of health is modeled for participating youth. City staff will offer a healthy snack guide and healthy fundraising options to program leaders to support compliance with the motion; Resolution No. 2008 -014 Page 3 SECTION 4. That to further promote health in all youth programs, any program that is not primarily physical activity -based will provide 10 minutes of physical activity for every 50 minutes of programming; SECTION 5. That to assist in the implementation of this resolution, the Mayor and City Council members will appoint and authorize staff, in collaboration with health organizations, such as California Center for Public Health Advocacy, Los Angeles Public Health Department, Kaiser Permanente and CanFit to disseminate information on healthier foods and beverages and physical activity program options to all staff and facility participants. Employees will also participate in a City -wide Wellness Program encouraging good health. SECTION 6. That this resolution shall become effective immediately and that by July 2008, staff will report to the Mayor and City Council regarding the progress of this resolution. SECTION . That all other resolutions in conflict with this resolution are hereby repealed. PASSED, APPROVED and ADOPTED this day of 2008. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on February 20, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK Heotthy FoOnq Adive mu a r # g Pr f rho C00 [t sat Policy Accomplishments September 2005 Baldwin Park Unified School district, in partnership with Baldwin Park HEAL, implement SB 19 and SB 677 food and beverage standards ahead of the required implementation deadlines. March 2006 Baldwin Park Unified School District adopted a comprehensive school Wellness Policy that calls for compliance with SB12 and SB965 and with the 200 -400 minutes of Physical Education during the school day. October 2006 Community input from youth and adult resident committees was accepted by city's Recreation and Community Services Department for input into City's Park Master Plan December 2007 The City of Baldwin Park adopted an ordinance to expand their existing No Smoking Ban in parks and city facilities. This ordinance prohibits smoking in public locations throughout Baldwin Park. These locations include outdoor dinning areas, outdoors service areas, areas within 20 feet of entrances, exits or open windows of buildings open to the public, and farmer markets. The Los Angeles County Tobacco Program Recognized the city's visionary Smoking Ban at a March 2007 City Council Meeting. Residents from Baldwin Park Resident Advisory Committee testified in favor of this bill. The City of Baldwin Park introduced a motion to explore their jurisdiction to ban transfat ban in Baldwin Park Restaurants. February 2007 The Baldwin Park Unified School District contracted the Think Together! after - School Program at 13 Elementary Schools with 80 students at each school site. The program, made possible through Prop 49 funding includes a nutrition and physical activity component as part of the program. April 2007 Kaiser Permanente after- school programs have completed a nutrition and physical activity compliance plan to ensure that all programs they provide to children 6 -18 years of age receive healthy food and participate in physical activity during their participation in Kaiser Programs. City of Baldwin Park received a Kaboom! grant award to fund a playground for Walnut Creek park. Kaboom! build day is on May 17, 2007 Activity Highlights 2006 -2007 Neighborhood Sector Activities • Assessment of 500 residents completed in June 2006 • Walkability Audit by teens and organizers of five Baldwin Park Neighborhoods • Walk Baldwin Park! held April 1, 2006 with attendance by City Council, School Boards, City Planning and Building Departments • PhotoVoice of nutrition and physical activity environments completed in 3 phase: 1) Development of youth display; 2) Prioritizing of barriers in the nutrition and physical activity environment; 3) Display used as advocacy tool with policymakers BP Resident Advisory Committee elected and trained on Obesity Prevention and Marketing and Media Awareness • Youth Committee elected and trained on PhotoVoice, Nutrition, Obesity Prevention • Promotoras have been trained in Common Sense Media Training and have educated 200 residents in deceptive marketing and advertising to children • Promotoras have trained over 1,000 residents on ways to improve nutrition and physical activity environments for their children • In April 2007 youth from Healthy Teens on the Move completed a campus marketing snack standards compliance audit of the two main Baldwin Park high schools to determine new student needs for creating healthy marketing environments • In May 2007 youth and resident groups along with other HEAC partners implemented a marketing and advertising audit at corner stores near schools. Policy recommendations derived from this report will be discussed with the City Council in September 2007. • In June 2007 Recreation and Community Services staff and other after staff from After- school programs that use city facilities were trained in nutrition and physical activity curriculums to expand their programs to include nutrition AND physical activity components School Sector Activities • Nutrition classes for parents and kids implemented in 10 elementary schools. • BPUSD Elementary Physical Education Program assessed and curriculum guide for elementary teachers was developed • BMI- for -age measurements done in 5th, 7th and 9th graders • School Sector Kick -Off .Ian 2006 • Six (6) successful Kaiser Educational Theater PLAY HEALS presentations and nutrition fairs held • Five (5) Staff Newsletters and one Parent Newsletter sent out on HEAC Staying Healthy Program pilot phase for parents and students launched March 2007 with (31 students, 20 families recruited) • District -wide training of teachers in physical fitness testing • Training for Teachers on P.E. Standards' Guide for K -6 Healthcare Sector Activities • Promotoras selected, trained to provide P/aticas to the community: 100 sessions have been implemented impacting over 1,000 BP residents • Promotoras Assessment tested 'to measure changes in people's understanding of the environment as a contributor of childhood obesity Four (4) Train the Trainers implemented for healthcare providers serving Baldwin Park residents Healthcare providers recruited for advocacy for policy change in the environment (12 providers and 15 medical students have been recruited) • Healthcare Provider baseline survey implemented • Wellness Initiative implemented in SPA 3 & 4 LA County Public Health, Healthcare Facilities • Task Force established for gap analysis of current clinical practice • Task Force established to research best practices and implement wellness policies inside the healthcare facilities s During the past three decades, the prevalence of over- weight among young people in the United States more than tripled among children 6 to 11 years and more than doubled among adolescents aged 12 to 1.9 years.1 These figures are particularly alarming because of the health problems associated with children being over- weight. Children and adolescents who are overweight are at increased risk for type 2 diabetes mellitus, asth- ma, and orthopedic problems; they are more likely to have risk factors for cardiovascular disease (such as increased blood pressure and cholesterol); and they are more likely to have behavioral problems and depres- sion31 In addition, children and adolescents who are overweight are more likely to remain so as adults,`',' with an estimated 75% of overweight adolescents being obese as young adults.' Obese adults are at increased risk for heart disease, stroke, osteoarthritis, and several forms of cancer .6-8 These health risks result in increased human suffer- ing, reduced quality of life, and premature death.9-11 In addition, costs for health care attributable to excess body weight account for up to 7% of annual U.S. health- care expenditures among adults, at a cost of more than $90 billion per year.12-" In 2005, medical care, work- ers' compensation, and lost productivity attributable to overweight, obesity, and physical inactivity among adults will cost California an estimated $28 billion.l" The increasing prevalence of overweight is a reflec- tion of critical and fundamental health problems that plague our children: poor diet and a lack of regular physical activity. These problems are the result of a variety of individual, social, and envi- ronmental factors. These factors include increased availability and consumption of soft drinks and high -fat, high- calorie foods; increasing amounts of time spent in sedentary activities, including televi- sion viewing; and limited access in many neighbor- hoods to healthy foods and safe places to be physi- cally active. Since CCPIiA released its 2002 report on overweight children in California, far too few significant statewide policies have been enacted to promote healthy eating and physical activity in California. The California Center for Public Health Advoca- cy (CCPHA) analyzed data collected in the 2004 California Department of Education Physical Fit- ness Test from almost 1.4 million children to de- termine the number of children enrolled in grades 5, 7, and 9 who were overweight. 15 The California Physical Fitness Test evaluates children using the FITNESSGRAM assessment tool, which consists of six measures of physical fitness." The Healthy Fitness Zone is the FITNESSGRAM term used to describe the minimum level of fitness (that is, the level thought to provide some protection from health risks imposed by a lack of fitness) in each component of the test. Each Healthy Fitness Zone is based on criterion- referenced standards that have been tested and shown to be valid and reliable. CCPHA analyzed one of these measures, body com- position, as an indicator of whether or not children were overweight. Each student's body composi- tion was assessed based on either body mass in- dex (BMI) calculated from measured height and weight, triceps skin fold thickness, or bioelectrical impedance.'-, Children who exceeded the Healthy Fitness Zone were considered to be overweight. In this study, overweight is generally equivalent to the 90th percentile of BMI -for -age, and is slightly lower than the commonly used Centers for Disease Control and Prevention (CDC) definition of over- weight as a BMI -for -age at or above the 95th per - centile." CCPHA used data from the California Senate Of- fice of Demographics to assign children to the 80 Assembly districts in California based on their school zip codes.19 The percentage of overweight children was determined for each Assembly district by gender, grade, and race /ethnicity. The percent- age of children who were overweight in 2004 was compared to the percentage of children who were overweight in 2001 as determined by CCPHA's pri- or analysis .20 TABLE 1. OVERWEIGHT CHILDREN IN GRADES 5, 7, AND 9- CALIFORNI.A, 2004 2 Cap- IFOENI.A C, }.. S'EE << ,, Pt 13Lic HEALTH Al. (l S "C 2005 v r-M VON ALL CHILDREN �. r African American American Indian/ Alaskan 1 Pacific Islander ui I�9 2 Cap- IFOENI.A C, }.. S'EE << ,, Pt 13Lic HEALTH Al. (l S "C 2005 STATEWIDE PERCENTAGES OF OVERWEIGHT CHILDREN Overall, more than one in four (28.1 %) children en- rolled in grades 5, 7, and 9 in California were over- weight in 2004 (TABT F 1). Boys (33.9 %) were more like- ly to be overweight than girls (22.0 %). The percentage of children who were overweight decreased with in- creasing grade level, from almost one out of three in grades 5 and 7 to one out of four in grade 9. The percentage of children who were overweight was highest among Pacific Islanders (35.9 %), followed by Latino (35.4 %), American Indian/Alaskan Na- tive (31.7%), and African- American (28.7 %) children. Lower percentages of overweight were found among non - Latino white children (20.6 %) and Asian children (17.9°/x). CHANGE IN PERCENTAGE OF OVERWEIGHT CHILDREN FRO Statewide, the percentage of children enrolled in grades 5, 7, and 9 who were overweight increased from 26.5% in 2001 to 28.1% in 2004 (FTGURF 1). The percentage of overweight children increased among both boys and girls, among children in all three grade levels, and among children of all ra- cial /ethnic backgrounds. The percentage of children who were overweight increased among all race /ethnicity categories from 2001 to 2004 (FIGURE 2). American Indian/ Alaskan Native children experienced the larg- est increase in overweight, from 25.1% in 2001 to 31.7% in 2004. FIGURE 1. PERCENTAGE OF CHILDREN IN GRADES 5, 7, AND 9 IN CALIFORNIA WHO WERE OVERWEIGHT IN 2001 COMPARED TO 2004, BY GENDER AND GRADE 35% 30% 0 925% U U 20% 15% All Children 3 33.9% Boys Girls 5th grade 7th grade El 2004 25.4% 23.6% 9th grade _1. (flu5T 00,5 CUAFORNTA CENTER , ;)h �Pui�I.Tc� AlI -r1c AcY..� � .3�_ FIGURE 2. PERCENTAGE OF CHILDREN IN GRADES 5, 7, AND 9 IN CALIFORNIA WHO WERE OVERWEIGHT IN 2001 COMPARED TO 2004, BY RACE/ETHNICITY 35% X30% a� �a I2e tj25% 20% 15% All Children African American 35.4% 35.9% 2001 EJ 2004 24.4% 20 American Asian Indian/ Alaskan Native PERCENTAGE OF OVERWEIGHT CHILDREN BY ASSEMBLY DISTRICT Across all 80 Assembly districts, the percentage of children enrolled in grades 5, 7, and 9 who were overweight in 2004 ranged from 18.2% to 39.1% (SEE MAP). In 55 out of 80 (69 %) Assembly districts, at least one out of four (25 %) children was overweight. Assembly districts in the Los Angeles area had par- ticularly high percentages of children who were over- weight. Eight out of ten (80 %) Assembly districts with the highest percentages of overweight children were located in the Los Angeles area. CHANGE IN PERCENTAGE OF OVERWEIGHTCHILDREN BYASSEMBLY DISTRICT F 00 2004 Between 2001 and 2004, the percentage of children enrolled in grades 5, 7, and 9 who were overweight increased in 71 out of 80 (89 %) Assembly districts. Of Filipino Latino Pacific Islander White Other the 80 districts, 50 experienced a 5% or greater in- crease in the percentage of children who were over- weight (TABLE 2). Only nine out of the 80 districts (11 %) experienced a decrease in the percentage of children who were overweight. TABLE 2. CHANGE IN PERCENTAGE OF OVERWEIGHT CHILDREN FROM 2001 TO 2004 — CALIFORNIA ASSEMBLY DISTRICTS 4 Tl f,r,w 14r 2�i.,rsf Al -)V "A(7y An c.-r 2005 ff PERCENTAGE OF CHILDREN IN EACH ASSEMBLY DISTRICT WHO WERE OVERWEIGHT IN 2004 "N 3 4 10 6 siG 14 54 a 17 37 LM 74 75 76 79 78 Each range represents one-fifth of all Assembly Districts. . . . . . . . . . . . . . . . . Aurl:iT,- 2005 CA1,AF'dCN'_,'� CENTEIR F'OU PU)FIiAC, HIIAI,Tf� Al�v�w.,w,,r 18.2%-23.2% 23.3%-26.6% EM 26.7%-28.3% 28.4%-32.6% 32.7%-39.1% 74 75 76 79 78 Each range represents one-fifth of all Assembly Districts. . . . . . . . . . . . . . . . . Aurl:iT,- 2005 CA1,AF'dCN'_,'� CENTEIR F'OU PU)FIiAC, HIIAI,Tf� Al�v�w.,w,,r WISIM, Across California, the percentage of children in grades 5, 7, and 9 who were overweight increased 6% in three years to 28.1 per 100 children in 2004, from 26.5 per 100 children in 2001. The increase occurred among both boys and girls and among children of all racial /ethnic backgrounds. An increase in the percentage of children who were overweight occurred in 71 out of 80 Assem- bly districts — almost 90% of all districts. The increase in the percentage of overweight chil- dren in California is a reflection of two of the most critical public health problems facing Cali- fornia children today: unhealthy diets and low levels of physical activity. In order to address these problems, statewide policies must be im- plemented to support parents in helping their children make healthy choices about eating and physical activity. 6 I. P'i ?Ytil1 CENTE'., FOR Pt:!'LH, 11'?LT3 AIT(,'T ".ma'005 SA 1. National Center for Health Statistics. Health, United States, 2004 with chartbook on trends in the health of Americans. Hyattsville, MD: 2004. Available on -line at http:// www. cdc .gov /nchs /data/husihusO4.pdf. Accessed on May 11, 2005. 2. Reilly JJ, Aletheven E, McDowell ZC, et al. Health consequences of obesity. Arch Dis Child. 2003; 88:748 -52. 3. Institute of Medicine (United States). Preventing childhood obesity: health in the balance (Committee on Prevention of Obesity in Youth, Food and Nutrition Board, Board on Health Promotion and Disease Prevention), 2005. Washington, D.C. 4. Freedman DS, Khan LK, Serdula MK, et al. The relation of childhood BMI to adult adiposity: the Bogalusa heart study. Pediatrics. 2005; 115:22 -7. 5. Guo SS, Wu W, Chumlea WC, Roche AF. Predicting overweight and obesity in adulthood from body mass index values in adolescence. Am J Clin Nutr. 2002; 76:653 -8. 6. U.S. Department of Health and Human Services. The Surgeon General's call to action, to prevent and decrease overweight and. obesity. Rockville, MD: U.S. Department of Health and Human Services, Public Health Service, Office of the Surgeon General; 2001. 7. National Institutes of Health. Clinical guidelines on the identification, evaluation, and treatment of overweight and obe- sity in adults. Bethesda, AID: Department of Health and Human Services, National Institutes of Health, National Heart, Lung, and Blood Institute; 1998. 8. Calle EE, Rodriguez C, Walker- Thurmond K, Than MJ. Overweight, obesity, and mortality from cancer in a prospectively studied cohort of U.S. Adults. NEngl Jilted. 2003; 348:1625 -38. 9. Willett WC, Dietz WH, Colditz GA. Guidelines for a healthy weight. NEngl JMed. 1999; 341:427 -34. 10. Sturm R. The effects of obesity, smoking, and drinking on medical problems and costs. Health Aff. 2002; 21:245 -53. 11. Flegal lal, Graubard BI, Williamson DF, Gail MH. Excess deaths associated with underweight, overweight and obesity JAA>LIA. 2005: 293:1861 -7. 12. Wolf AM, Colditz GA. Current estimates of the economic cost of obesity in the United States. Obes Res. 1998; 6:97 -106. 13. Finkelstein EA, Fiebelkorn IC, Wang G. National medical spending attributable to overweight and obesity: hour much, and who's paying' Health Aff. 2003; W3- 219 -W3 -226. 14. Chenoweth D. The economic costs of physical inactivity, obesity and overweight in California adults: health care, workers' compensation, and lost productivity. Sacramento: Cancer Prevention and Nutrition Section, California Department of Health Services; 2005. 15. Additional information about the California Physical Fitness Test is available on -line at http://www.ede.ca.gov/ta/tg/pf/in- dex.asp. 16. Additional information about FITNESSGRA I is available on -line at http: / /www.fitnessgram.net. 17. Body mass index is a ratio measurement of weight to height, reported as kg /m2. For most persons, the body mass index is a reliable proxy for fatness. Skinfold thickness and biolelectrical impedance are both estimates of body fatness. 18. Centers for Disease Control and Prevention. BMI for children and teens. Atlanta, Georgia, 2005. Available on -line at: http://www.ede.gov/needphp/dnpa/bmifbmi.-for-age.htm. 19. Additional information about the Assembly district zip code files is available on -line at http://www.sonate.ca.gov/ftp/son/of- fices/demographics/-HOME/. 20. California Center for Public Health Advocacy. An epidemic: overweight and unfit children in California Assembly Districts. Davis: California Center for Public Health Advocacy; 2002. 21. Strategic Alliance for Healthy Food and Activity Environments. Taking action for a healthier California.: recommendations to improve healthy food and activity options, 2005. Available on -line at: http : / /www.catbottormovemore.org. �_t.L�, LO(t;> CA I .E :�nrf1 1;�.N�`P;R b )h PC,r�,..�, 11 ...1.T3 -i Ar�c 2. .. �� a � ,_... „.a.......,.. ,.., .► TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works r DATE: February 20, 2008 SUBJECT: NOTICE OF COMPLETION AND PROJECT ACCEPTANCE ARTS AND RECREATION CENTER, CIP 827 CONSTRUCTED BY EMAE INTERNATIONAL, INC . ..0 The purpose of this report is to provide an overview of the completed improvements, recommend the project's acceptance, and summarize the project's budget and expenditure status. BACKGROUND This project consisted of the design and rehabilitation of the auditorium next to City Hall, originally inaugurated in 1936, into a cultural arts and recreation center (ARC). The culmination of the improvements has created a state of the art, ADA accessible building for our entire community to enjoy. Brief Renovation Chronology 0 December 15, 2004 — The City Council authorized the award of a design contract to Martinez Architects, Inc. in the amount of $350,000. This included $50,000 for design support during construction. O July 20, 2005 — The City Council approved the plans and specifications, and authorized staff to advertise to solicit bids for the construction of the ARC. 0 October 3, 2005 — The City Council authorized the award of a construction contract to EMAE International, Inc. in the amount of $4.48 million and authorized the Director of Public Works to approve cost extras up to 10% beyond the contract award. Notice of Completion, Arts & Recreation Center, CIP 827 Page 2 February 20, 2008 O December 21, 2005 — The City Council held a public hearing to authorize $500,000 of Community Development Block Grant funds to use on the ARC in exchange for a like amount of Community Center Bond funds that would thereafter be used on the Senior Center Project, CIP 619. The exchange of funds was due to HUD restrictions. M July 21, 2007 — The City re- dedicates the building and inaugurates the ARC. Although the Contractor has substantially completed the building renovation, there still remained minor follow up items that the Contractor would need to address. M November 1, 2007 — All punch list items have been addressed. There are building systems which, from time to time, require repairs and maintenance, however there are warranties on file to cover repairs. Staff therefore recommends acceptance of the improvements. DISCUSSION The building renovation included 3,400 square feet of added floor space within the original building footprint and shell for a total floor space of 15,270 square feet. The building amenities include remodeled multi - purpose rooms, an arts and crafts studio, an art exhibit gallery, a dance studio, restrooms, storage rooms, a performance stage, and administrative offices. Essential improvement included re- roofing portions of the building, seismic retrofits throughout, a new HVAC system, new plumbing and electrical systems, a security system, and a fire alarm system. The building fapade and exterior received new windows and the majority of the exterior doors were replaced. Outside improvements included landscaping with an integrated interpretative nature park and varying planting themes. The construction contract was awarded to EMAE International, Inc in the amount of $4.48 million. The Contractor was directed to begin work on November 7, 2005, and the construction contract allowed for 425 calendar days to complete the project. Therefore construction was anticipated to be completed on or before January 25, 2007. A project of this magnitude and complexity invariably experiences unforeseen conditions which would result in cost extras and time delays. The expectant cost extras for this type of project are in the range of 5% to 15 %. There were 70 contract change orders that were approved by the City for a total of $465,632, which is a 10.37% cost overrun. Although the Director of Public Works was given authorization to approve cost extras up to an aggregate total of $448,000 (10 %), there were design changes requested by the City during the construction that resulted in cost extras totaling $155,000. Therefore the cost extras were completely within staff authorized limits. Notice of Completion, Arts & Recreation Center, CIP 827 Page 3 February 20, 2008 The Contractor delivered substantial completion of the building renovation 172 days beyond the original contract allowance. However, the time extensions approved by the change orders and weather delay allowances amounted to a total time extension of 190 days. Therefore liquidated damages do not apply. After the renovations had been substantially completed in July 2007, retention funds were held by the City until punch -list items were appropriately addressed. As of November 2007, the building renovations are ready for official acceptance by the City Council. The construction contract award of $4,480,000 and the change order total of $465,632 resulted in a total construction cost of $4,945,632. The retention funds represent the final payment to EMAE International, Inc. which is the amount of $49,456, and such payment will be made only upon authorization by the City Council of the staff recommendations. The total project cost including design, construction, construction management, and inspection is $5,463,297 which is shown in the summary table under "Fiscal Impacts" of this report. FISCAL IMPACT There is no impact on the General Fund. The total amount authorized for this project was $5,464,688, while the total amount expended (final total project cost) is $5,463,297, resulting in a savings of $1 ,391. The actual expenditures differed slightly from authorized expenditures due to change orders, design revisions, shop drawing changes, and changes requested by the City. This is typical of projects that are under construction. As stated in the "Discussion" section of this report, the construction cost extras were within reasonable and anticipated limits. The authorized expenditures are summarized below: AUTHORIZED EXPENDITURES Design & Construction Support Martinez Architects $390,000 Construction Contract $4,480,000 10% Construction Contingencies $448,000 Construction Inspection and Testin $146,688 Total Authorized to Expend $5,464,688 Notice of Completion, Arts & Recreation Center, CIP 827 Page 4 February 20, 2008 The table below summarizes the total final and actual project expenditures: ACTUAL EXPENDITURES Construction Documents Martinez Architects $334,665 Design Award $300,000 Design Change Orders Added Design Work $34,665 Construction EMAE $4,945,632 Contract Award $4,480,000 Chan e Orders Changed Conditions - 10.39% $465,632 Construction Management $183,000 Construction Technical Supp ort Martinez Architects $50,000 Specialized Inspection & Testing Consultants $133,000 Construction Administration (City Staff $0 Total Expenditures $5,463,297 RECOMMENDATION It is recommended that the City Council: 1. Accept the improvements constructed by EMAE International, Inc; 2. Authorize staff to record a Notice of Completion (Attachment "A "); and 3. Authorize payment of retention funds to EMAE International, Inc. ATTACHMENT A. Notice of Completion Attachment "A" WHEN RECORDED, MAIL TO: CITY CLERK City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91707 NOTICE OF COMPLETION Notice is hereby given that the certain work of improvement known as: The City of Baldwin Park Arts and Recreation Center, Project No. CIP 827 for the undersigned agency was accepted by this agency on: February 20, 2008 The work of improvement was performed and completed by: EMAE International, 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 go Edwin "William" Galvez, P.E. Director of Public Works Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature /Notary GA120 City CounciP,2008\148 NoticeCompletion.doc Date COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING FEBRUARY t i0: 00 - COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING iS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. if you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, pods hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete pare su conveniencia. Community Development Commission Agenda — February 20, 2008 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite Para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos pare tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS & DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of February 6, 2008 (special & regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT Community Development Commission Agenda — February 20, 2008 Page 2 CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14`" day of February, 2008. &a_ . ?Q0 Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e-mail at routierrez abaldwinpark.com or lnieto Baldwin park. corn In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — February 20, 2008 Page 3 -Lit 0- COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK February 20, 2008 WARRANT REGISTER NO. 672 (I Chp v y B, I "! RA P e 'L D 0 Cj LO C. 1 11F G ne,- I 1 7 1.. E GAL 91V I 1`l._::_ I n v c I c 14, p, v Amownt D s c ol uici t A m, t u it mc Net A,�ino, PH, c, n 1, L j "A 12 10 5 0' if u U wln yy G ro 3� Ar- r i"I .. ��el -',,i b ljQ 12 1 11F G ne,- I 1 7 1.. E GAL 91V I 1`l._::_ —rip - c I n v c I c 14, p, v Amownt D s c ol uici t A m, t N ti.4 A r, Net A,�ino, PH, c, n 1, L j "A r i rz wln yy G ro 3� Ar- r i"I .. ��el -',,i b ljQ 12 0 0 A,,,T ou r 0 r r L 21, (J T R A t IS ILAA T 10 N 7 A I A, i ti c rt SG!" •J 'Iliit `Jendor Hkrc,',� P1-12v.ee R 0. 0 0 7 1"; 1", I AiN;dll 2, P17(0,I)AN R n rf C lh k D,1 t e ­k kiiound, —rip - c I n v c I c 14, J. -n v c 1.1 t Amownt D s c ol uici t A m, t A t Net A,�ino, PH, c, n 1, L j "A U, 1 wln wl j r e r C, r 1 A c, T1 0 0 A,,,T ou r 0 r r 21, (J T R A t IS ILAA T 10 N T P iR 0 11, Lr, 1C A 2 0 R e i t 1q. p o. z n rf C lh k D,1 t e ­k kiiound, 0 'H7 0 'i 7 0 ,A f 4 p Nu ov, FA i Si G; - - D uri A r, t co I i ' o j S A t '1 1, a 01. L j U, 1 wln wl j r e r C, r 1 A c, T1 0 0 r1 -J,°) U � N1 01 - Warrants Register No. 672 Page 2 -------------------------- V00 vemor laic Routi Page Mnk UockD Chk Date Check Mount SOP "VF --'A J, RA u2HO 02A7AS MKOO 5t,7 L u 1 pot sot wraul 1mulgh IWO A Grms Ammot DNwunt AM Nsmub WGd ut ANN Olpipo 3 A9 L 0 0 0 A 0 3 A 9 L 0 GL Smss Amunt Won f1rh AUCd D0KMPnc,-i 2, 16 sin -21 0 i 0 A % 9u A i � mm VDiAK ROIBISNO THU 4003 A0 veQ vescr ReCtO Pape Bank Dodo Chk Date Ch,. y Awl Sfr, li�71�'T'' - -- - — - - -1 1 -- ER: R.,A, �j 12 � 0,.,, 02/07/ir -1 '. of nn ,Ssnoca-I oesc-r�pt�c-n BISNO DEVRIKM invc Dt Gross Amount DQmnt AM Nswnh Used Not Amut OINN4 OV0710 M0110 &L DiMrRulw,, Diss Amount Won hdarO AcV• RamMption, 0 11 f" )r:" G 1., ;!R 1 H.0(11 BISNO PROJECT 12/1/07 12 2 �0, 0 "ond-fr VC-5dor Naze =0 Page Bank Dock! Chk Date Dock Amut Sep 9061 VIRT MURY PLANNING AND ENVIROAMEIN RA OU910 02PI99 MR-310 ClaiTfl GGD�cal 304K DISNO PROXT PH gat ContrK4 im=4 !me ot Gross Amount 00mat AM Nscout Und Net Amut 0 11 IS uglgl 3, HE 0 it 0 A 0 3, HL 01, GL Distrhutiun Gros ftiount. W3rk Ord�iI Ar'C esc. ipthiin HICUICOA Mie PROjECT 11,111t5V 1 THRU NOV 70/2007 "' C..(171 0A Vend! Von& Nam RsMtD Page Bank ChecH Chk Date Chon Amot Sep 5N NMIPWA HNTICULTMAL Rik DIHII G2107100 I r, 0 , 0 (!, �IT:IILY 'I,,IA-,'NT7ENAN,'CE f!-': I'IG POP PH Sol undacto invowel !me Dt Grws Amount Nscaut Ad Dismut Used Nm Am', V-'., f) 4 7 0 4 0, 4 5 0111go 20 A 0 OAO 20 A G R. Distrbution Gross A-mount et vE t, Ordert ActCd nFO*INGA 15030 *ANJNUAL--FY FOR CONTINUIATIONI OF movN-m-ILY 07/09* MAINKNANCE OF PROPEWY AT 4100 NUEE AK ( ROP HME PO Ligiltion Amount 2BY ODA 51GOA 2010 Warrants Register N0.672 Page) PA Checks, An Ded 321 MA SO PC Li"AtIon Total 15L 00 DsY'F'��UP ",0thh0"jdjw! TO,' R by AM: ACH Wwif, AGN Total 0 30 PC L4NII92ju TotTn-,! ('11, 0 0 MAP wMholdmg Toul OAO Total wqmnqj,, F);'vimep.t I'O."mt 7 paymm iota-,t "MAII) RO Total 15CIA8 BGckt,!P Withh6lding Totil Void clacks. Rock CMMIL c k \%! OA PO 2 g2Rlg Total! 0 0 0 WithhOldiilg, Tctal 0AO CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES 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: Councilmember /Member Marlen Garcia, Councilmember /Member Monica Garcia, Councilmember /Member Pacheco, Mayor Pro Tem/Vice Chair Bejarano, Mayor /Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Rosemary M. Gutierrez, Chief Deputy City Clerk. Councilmember /Member Pacheco arrived at 5:10 p.m.; Councilwoman /Member Monica Garcia arrived at 6:20 p.m. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC §54957 Title: Chief Executive Officer Title: Chief of Police Title: Recreation and Community Services Director Title: Public Works Director Title: Human Resources Manager 2. CONFERENCE WITH LABOR NEGOTIATOR GC §54957.6 A. Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer Page 1 of 3 B. Vijay Singhal, Chief Executive Officer Unrepresented Employees: Chief of Police, Recreation and Community Services Director, Public Works Director and Human Resources Manger 3. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION -- GC §54956.9(a) Name: People of the State of California v. Escobar, et al. Case No.: Los Angeles Superior Court Case No. BC383182 Name: People of the State of California v. Villalobos, et al. Case No.: Los Angeles Superior Court Case No. BC381206 Name: People of the State of California v. Escobar, et al Case No.: Los Angeles Superior Court Case No. BC383182 Name: People of the State of California v. Mobile Home Group I, LLP, et al. Case No.: Los Angeles Superior Court Case No. BC376770 Name: People of the State of California v. Steiny, et al. Case No.: Los Angeles Superior Court Case No. BC379254 Name: People of the State of California v. VCC Alameda LLC, et al. Case No.: Los Angeles Superior Court Case No. BC380431 Name: People of the State of California v. Villalobos, et al. Case No.: Los Angeles Superior Court Case No. BC381206 Name: People of the State of California v. Villescas, et al. Case No.: Los Angeles Superior Court Case No. BC380029 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Property: 12746 Via Van Cleave City Negotiators: Vijay Singhal and June Ailin Negotiating party: Hoang V. Nguyen & Bach Lan Thi Ngo Under negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Pannone reported that there was no reportable action on any of the four Closed Session items. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 7:05 p.m. Page 2 of 3 Approved as presented by the Council /Commission at their meetings held February 20, 2008. Laura M. Nieto Deputy City Clerk Page 3 of 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, FEBRUARY 06, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, City Treasurer Contreras, City Clerk Rubio, Rosemary M. Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve Consent Calendar as presented Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Commission approved the minutes of the January 9, 2008 meeting (regular). ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:46 p.m. Approved as presented by the Commission at their meeting held February 20, Page 1 of 2 11: Laura M. Nieto Deputy City Clerk Page 2 of 2 AGENDA FINANCE AUTHORITY FEBRUARY 20, 2008 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish speaking interpreter is available for your convenience. Finance Authority Regular Meeting— February 20, 2008 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 hacer /o durante e/ periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS 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: 9) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o rijar asuntos para tomar en consideraci6n en juntas proximal. [Codigo de Gobierno §54954.21 CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of January 9, 2008 (regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of February, 2008. Laura M. Nieto Deputy City Clerk Finance Authority Regular Meeting— February 20, 2008 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 (94403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park(4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or via e-mail at nqutierrez(c_baldwinpark.com or Inieto(d)-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 11 Finance Authority Regular Meeting— February 20, 2008 CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES ® sow so-waaaup rNFw"?P P AGEWA 09, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Chair Anthony J. Bejarano, Vice Chair Marlen Garcia, Monica Garcia, Ricardo Pacheco, Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR ADJOURNED SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, City Treasurer Contreras, City Clerk Rubio, Rosemary M. Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS Thomas Carey, resident, inquired about number of vehicles that are purchased versus leased. He also inquired about the size of vehicles. Margarita Vargas, resident, spoke on ordinances, stating that the Police Department would need to be educated on the information and requested that city collaborate with the school district. CONSENT CALENDAR Motion: Approve Consent Calendar as presented Moved by Chair Lozano, seconded by Vice Chair Bejarano. 1. MINUTES Authority approved the minutes of December 19, 2007 (Regular). ADJOURNMENT n Page 1 of 2 There being no other matters for discussion the meeting was adjourned at 9:54 p.m. Approved as presented by the Authority at their meeting held February 20, 2008. Laura M. Nieto Deputy City Clerk Page 2of2 5 . HOUSING AUTHORITY .-EBRUARY 20, 2008 00 - REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea /a oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. I Housing Authority ' Regular Meeting- February 20, 2008 HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fgar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.21 CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of January 9, 2008 (regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of February, 2008. (%'. a. )n. Laura M. Nieto Deputy City Clerk Housing Authority Regular Meeting- February 20, 2008 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(14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park(4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or via e-mail at rgutierrez(a)baldwinpark.com orinieto @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) Housing Authority Regular Meeting- February 20, 2008 CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES 1' 09, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Chair Anthony J. Bejarano, Vice Chair Marlen Garcia, Monica Garcia, Ricardo Pacheco, Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR ADJOURNED SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, City Treasurer Contreras, City Clerk Rubio, Rosemary M. Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve Consent Calendar as presented Moved by Vice Chair Bejarano, seconded by Chair Lozano. 1. MINUTES Authority approved the minutes of December 19, 2007 (Regular). ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:55 p.m. Approved as presented by the Authority at their meeting held February 20, 2008. Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2 of 2