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2007 04 04
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, APRIL 4, 2007 at 6:00 P.M. at City Hall Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: March 29, 2007 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING "original signed" Manuel Lozano Mayor I, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park, certify that 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 March 29, 2007. Rosemary M. Gutierrez Chief Deputy City Clerk City Council & Community Development Commission Special Meeting Agenda — April 4, 2007 At ►T1i�A:1 AGENDA FOR THE SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION APRIL 4, 2007 Please Time Note 6.00P.M. & Location CITY HALL - COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Mayor /Chair Marten Garcia - Mayor Pro Tem/Vice Chair Anthony J. Bejarano - Council Member /Member David J. Olivas - Council Member/Member Ricardo Pacheco - Council Member/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. ff you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. City Council & Community Development Commission Special Meeting Agenda - April 4, 2007 COMENTARIOS DEL PUBLICO Se invita al pOblico a dirigirse al Concilio o cualquiera otra de sus Agenclas nombradas en esta agenda, Para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dingirse al Concilio o alguna de sus Agencias, pods hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Nay un interprete Para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING -- 6:OOP.M. CALL TO ORDER ROLL CALL: Council members /Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tem[Vice Chair Marlen Garcia and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion on algun asunto a mends que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial, El cuerpo legislative y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en considerecion en juntas proximal. [Codigo de Gobierno §54954.2] ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54966.8) Properties: 13979 Garvey Avenue 13919 Corak Street 13911 Corak Street 13905 Corak Street 3097 Feather Avenue 3091 Feather Avenue 3081 Feather Avenue 3073 Feather Avenue 3069 Feather Avenue 3067 Feather Avenue 3060 Feather Avenue 13755 Francisquito Avenue 13904 Corak Street 13853 Garvey Avenue 13851 Garvey Avenue 13822 Garvey Avenue 13916 Garvey Avenue City Council & Community Development Commission Special Meeting Agenda — April 4, 2007 Negotiators: Vijay Singhal, Stephanie Scher, and Joe Pannone Separate Negotiating Parties: NewMark Merrill Companies Meruelo Maddux Under Negotiation: Price and Terms of Conveyance of Property 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Rosemary M. Gutierrez, Chief 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. Gated March 29, 2007. Rosemary M. Gutierrez Chief 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 Nall, 2 "d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4019, ext. 108 or 626.960.4091, ext. 466 or via e -mail at Lqutierrez2baldwin2ark.com or Inietogbaldwinpark.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 626.960.4091. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.902.904 ADA TITLE ll) City Council & Community Development Commission Special Meeting Agenda — April 4, 2007 AGENDA BALDWIN PARIS CITY COUNCIL REGULAR MEETING APRIL 4, 2007 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Marlen Garcia Anthony J. Bejarano David J. Olivas 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 jurisdiccion. Si usted wish to address the City Council or any of its desee la oportunidad de dirigirse al Concilio o alguna de Agencies, you may do so during the PUBLIC sus Agencias, pods hacerlo durante el periodo de COMMUNICATIONS period noted on the Comentarios del POblico (Public Communications) . agenda. Each person is allowed five (5) minutes anunciado en la agenda. A calla persona se le permite speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutes. Hay un interprete Para su available for your convenience. conveni end .a. CITY COUNCIL REGULAR MEETING — 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Legislative Update and Transportation Summit Report presented by the Honorable Ed Hernandez, 57th District Assemblymember • Presentation of Certificate of Recognition presented to the Women's Club for their commitment and dedication to the Annual Women's Club Scholarship Program • Proclamation proclaiming April 8th — 14th as National Dispatchers' Week Proclamation proclaiming April as Child Abuse Prevention Month • Introduction of Recreation & Community Services Employees Monica Killen, Program Supervisor; Rudolph R. Galindo, Program Coordinator; Vanessa Carbajal, Program Coordinator and Roman Rodriguez, Program Coordinator • Plaque presentation to Recreation & Community Services Commissioner Cecelia Bernal for her recognition as "Woman of Distinction for the 82nd Congressional District" by Congresswoman Hilda Solis 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 OFAN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. ["Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion an algon asunto a menos qua sea incluido an la agenda, o a menos qua exista aigona emergencia o circunstancia especial. El cuerpo legislative 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 an consideracion en juntas proximas. [Codigo de Gobierno §54954.21 City Council Agenda — April 4, 2007 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. "there will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence an the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD APRIL 4, 2007 TO APRIL 17, 2007 Staff recommends City Council approve the preparation and presentation of the above plaques and certificates. 3. MINUTES Staff recommends City Council approve the minutes of the March 21, 2007 meeting (Special and Regular). 4. 2 "d READING OF ORDINANCE NO. 1301 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1301 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 153.440, 153.441, 124.010,124.020, 124.040, 124.060, 1 24.080, 124.090, 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT- ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC- 159A ". 5. 2 "a READING OF ORDINANCE NO. 1302 Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1302 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 97.135,97.136, 97.137 AND 97.138 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION ". 6. CONFLICT WAIVER RELATING TO THE CITIES OF IRWINDALE AND BALDWIN PARK (Related Item - Community Development Commission Agenda Item #2) Staff recommends City Council authorize the Chief Executive Officer to execute the Letter of Agreement — Conflict of Waiver Relating to the Cities of Irwindale and Baldwin Park on behalf of the City of Baldwin Park and Community Development Commission of the City of Baldwin Park. 7. RESOLUTION APPROVING AND ADOPTING THIRD AMENDED AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -020 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS ". City Council Agenda — April 4, 2007 Page 3 8. ADOPTION OF RESOLUTION NO. 2007 -014 ADDING PENALTIES FOR LATE PAYMENT OF FINES FOR PARKING VIOLATIONS Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -014 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK READOPTING PENALTIES FOR PARKING VIOLATIONS, ADOPTING PENALTIES FOR LATE PAYMENTS OF THOSE FINES AND RESCINDING RESOLUTION NO. 2006 - 059 ". 9. APPROVAL OF AGREEMENT FOR OVERTIME POLICE SERVICES AT THE RENAISSANCE FAIRE Staff recommends City Council approve the Agreement for Police Services for overtime reimbursement between the City of Irwindale and the City of Baldwin Park and authorize the Chief Executive Officer to execute the Agreement. 10. APPROVAL OF AGREEMENT WITH CHRISTIANSEN AMUSEMENTS FOR CARNIVAL SERVICES Staff recommends City Council approve the Agreement with Christiansen Amusements for carnival services and authorize the Mayor to execute the Agreement. 11. APPROVAL OF FACILITY USE AGREEMENT WITH BASSETT LITTLE LEAGUE Staff recommends City Council approve the Facility Use Agreement with Bassett Little League and authorize the Mayor to execute the Agreement. REPORTS OF OFFICERS 12. INFORMATIONAL REPORT TO THE CITY COUNCIL CONCERNING THE STATIONING OF A CROSSING GUARD AT ELWYN ELEMENTARY SCHOOL Staff recommends City Council provide staff with further direction concerning this matter. 13. ORDINANCE NO. 1303 - COMMUNITY DEVELOPMENT COMMISSION PROGRAM FOR USE OF EMINENT DOMAIN Staff recommends City Council waive further reading, read by title only and introduce for first reading Ordinance No. 1303 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DESCRIBING THE PROGRAM FOR THE USE OF EMINENT DOMAIN BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK (THE "CDC ")" and direct staff to record all necessary statements with the Los Angeles County Recorder. CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS 14. Request by Mayor Pro Tem Marlen Garcia for Council approval to direct staff to bring back a resolution declaring Council support of SB 120 — Nutritional Information on Menus & Menu Boards. 15. Request by Councilmember Ricardo Pacheco for discussion of the establishment of a Day Labor Center and approval to direct staff to bring back options for consideration of approval. City Council Agenda -- April 4, 2007 Page 4 ADJOURNMENT CERTIFICATION I, Rosemary M. Gutierrez, Chief 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 291" day of March, 2007 Rosemary M. Gutierrez Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e -mail at rgutierrez@baldwinoark.com or lnieto ca.baldwinpark.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 Ci=R 34.102.104 ADA TITLE 11) City Council Agenda — April 4, 2007 Page 5 ," BALDW I N r_.A_,.,R • K TO: FROM CITY OF BALDWIN PARK Honorable Mayor and City Council: APR - 4 2007 ITEM N0. STAFF REPO Hennie E. Apodaca, interim Finance Director DATE: APRIL 4, 2007 SUBJECT: Warrants and Demands PURPOSE: 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 payroll of the City of Baldwin Park consisting of check numbers 174709 - 174848 inclusive, voids: 174709 - 174721, 174733 Additionally, Automatic Clearing House (ACH) Payroll Deposits were made on behalf of City Employees from control number 006741 — 006923 for the period of February 11, 2007 through February 24, 2007 inclusive, have been presented and hereby ratified, in the amount of $384,513.49. General Warrants, including check numbers 162015 to 162273 inclusive, in the total amount of $770,178.40 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. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. RECOMMENDATION: Receive and file. T WOUT Am y"Nol URI ;F1 WID UP". oll 40dar Au" paps Pop. Ono 00 ban 070 Sol vivo AM 590*04", 100550 AP Q T&A ARE WIDY ---------- ----------- 01 T&A Wd,"A F pot snt Wranl lRY& inn pf Evau AMM Wout AV WNW Umd ot Am"t 0 Nmr Hgm Now Mmul OUR AWri WU WQTW� 12044050 T'. 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PAREF', PC! 5tA NOW 5,00 NO Dt Gross Avult Onow so WSK ymy No, Aw"T I A 7 7 G BMW 2152SI Aw"t Acvd 0jo ?a 0 1 Wy Wnt WK WN ANd wwrwtk' DO L i W "t 1 ACCU7� 1 H 115 2 1 T; im Arl ------------------ ---------- wof Wor ------- pump N!imminl, ----------- Tq REST MY -1 ? 0 I-IATIROTS AV QUW WWWO-ECIP PAI sn, knoWl NOW Qv; Ot Poo Ammmt Msunt AM Mmul Mad No Am ui. G BMW 2152SI Aw"t Acvd Penroton S. 'I'P Al '� 4L q w i L r iL i I L I- Y blank pages purposely omiited: Non- issued "Void" checks: BAI,DWI�i P -A,R,K TO: '0911 1.: CITY OF BALDWIN PAF. Mayor and City Council Vijay Singhal, Chief Executive Officer April 4, 2007 CITY COUNCIL AGENDA APR - 4_2007 CONSENT CALENDAR SUBJECT: Proposed Recognitions by the Mayor and City Council for the period April 4, 2007 to April 17, 2007 r,1 tr%r%r%^r- 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 April 4, 2007, the following requests were received for the period from April 4, 2007 to April 17, 2007. TimellDate /tstace of . Date Needed Requested Ry List of J11onprees Presentation City Clerk's City Clerk's Week 7:00 pm, Wednesday, Proclamation Office April 29 -May 5, 2007 April 18, 2007 4/18/07 City Council Meeting Employment May as "Veteran 7:00 pm, Wednesday, Proclamation Development Appreciation Month" April 18, 2007 4118/07 Department City Council Meeting (Central San Gabriel Valley WorkSource) American Red March as American Red To be mailed. Proclamation Cross Cross Month 4/18/07 Vijay Singhal, Commissioner Esteban 7:00 pm, Wednesday, Plaque CEO Torres, California April 18, 2007 4/18/07 Transportation City Council Meeting Commission Proposed Recognitions April 4, 2007 Page 2 The following requests for plaques and certificates were approved by the Chief Executive Officer and were ordered and/or prepared: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Sharon Thompson, Executive Secretary to CEO Time /Date /Place of Date Needed' Requested B List of Honorees Presentation; Mayor Lozano C. Lic. Daniel Omar 8:30 a.m., Friday, Plaque Gonzalez Garza, March 30, 2007 3/29107 Presidente Municipal State of the City Sabinas Hidalgo, N.L. breakfast Mexico Mayor Lozano Dolores Huerta, labor and 10;30 a.m., Monday, Plaque civil rights leader, guest April 2, 2007 3129/07 speaker at Sierra Vista Sierra Vista High High School School Gym Recreation and Tae Kwon Do team 8:00 p.m., Tuesday, Certificates Community members for participation April 3, 2007 4/3/07 Services Dept. in Aztecan Tae Kwon Do Community Center Championship Councilmember Baldwin Park Women's 17:00 p.m., Wednesday, Certificate Pacheco Club April 4, 2007 4/4107 City Council Meeting RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques and certificates. Prepared By: Sharon Thompson, Executive Secretary to CEO CITY OF BALDWIN PARK CITY COUNCIL. MINUTES y, APR - 4 7 WEDNESDAY, 21, . gll)07 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco 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 Aaron Barbosa of the Apostolic Worship Center. PLEDGE OF ALLEGIANCE ROLL CALL Present: Council Member Olivas, Council Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: Council Member Bejarano. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Public Works Director, Chief Lopez, Marie Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary Gutierrez, Chief Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano recognized City Treasurer Contreras for being selected as Associate of the Year of Macy's Department Store. Councilmember Pacheco welcomed all audience members to the meeting and congratulated those who would be recognized. City Treasurer Contreras recognized Alfonso Contreras, chosen to be a representative of the Water Quality Authority of San Gabriel Valley. He was also recognized as the outgoing President of the Baldwin Park Sister Cities Association. Mayor Pro Tern Garcia congratulated Recreation & Community Services Commissioner Cecelia Bernal for being selected as the Woman of the Year of Page I of 6 the 32 Congressional District. City Treasurer Contreras congratulated Housing Commissioner Margarita Vargas for her nomination as Outstanding Woman of the 24th Senate District. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS * Presentation by Bank of the West David Fierro, representative of the Bank of the West spoke in regards to the Matricula Consular program. He requested to include a flyer in the Baldwin Park NOW. The program offers individuals check cashing services without paying fees for the service. Mayor Lozano thanked Mr. Fierro for the presentation. * Proclamation proclaiming April 8th - 14th as National Dispatchers' Week Postponed to April 4, 2007 * Certificate presentation to Gloria Hernandez for her recognition as Outstanding School Crossing Guard of the Year by All City Management Services Certificate of Recognition presented * Presentation of Certificates of Achievement to the Baldwin Park Adult Education Essay winners & Certificates of Recognition to Adult Education instructors Mayor Lozano congratulated all of the recipients and commended each of them on their extraordinary talent. Dr. Kerr introduced Linda Gunatella & Debra .tones. The Council were each presented a bound copy of the students' essays. * Presentation of certificate to the City of Baldwin Park by the Los Angeles County Department of Public Health, Tobacco Control & Prevention Program, the Asian Youth Center and Healthy Eating, Active Communities (HEAC) for its recent tobacco control efforts Agnes Hamm of the Asian Youth Center and others presented the Award of Recognition for establishing a smoke -free environment. Mayor Pro Tern Garcia thanked the four entities for their attendance and commented that this was the first milestone in ensuring that Baldwin Park residents are provided with a better quality of life. Councilmembers Olivas & Pacheco thanked the agencies for the recognition. * Presentation of Check to the Baldwin Park Police Department K9 Program by Jan's Towing Page 2 of 6 Steve of Jan's Towing presented a check in the amount of $6,194 for use toward the purchase of a new K -9. Mayor Lozano thanked Steve & Jan's Towing for their generous contribution. PUBLIC COMMUNICATIONS Dr. Ken Smith expressed his appreciation for the Council's work on the 19 -05 Freeway funding. He also commended Jan's Towing for the generosity of their donation towards the K -9 program. Dr. Smith invited all to attend the groundbreaking ceremony at the Kenman Center. Linda Moncada, American Cancer Society, thanked Mayor Lozano for accepting Keynote Speaker for the Relay for Life to be held in Baldwin Park on June 39 -July 1, 2947. Mayor Lozano requested that this information be printed in the NOW. Bill Baca from Senator Romero's office presented a Certificate of Recognition to the Women's Club for their work. Margaret Solonisan and Mary Doza thanked the Council for their participation and support of the scholarship dinner. The Women's Club announced their scholarship tea, March 28th when students give resume before judges - the event is open to the public. Councilmember Pacheco thanked the Women's Club for their service in the community and requested that the Women's Club be invited to a future meeting for certificate presentation. CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 - 9 as presented and as follows: Moved by Council Member Pacheco, seconded by Mayor Lozano. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD MARCH 21, 2007 TO APRIL 4, 2007 City Council approved the preparation and presentation of the above plaques and certificates. 3. CLAIM REJECTIONS City Council rejected the claim of Lulu Bateman (8.31.96) and directed staff to send the appropriate notice of rejection to claimant. 4. MINUTES City Council approved the minutes of the March 7, 2907 meeting (Special and Regular). Page 3 of 6 5. CITY TREASURER'S REPORT - FEBRUARY, 2007 City Council received and filed the report. 6. 2nd READING OF ORDINANCE NO. 1300 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1300 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.197 AND 153.227 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRUCKING/TERMINALS/STORAGE YARDS; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC159b) ". 7. MONTHLY BUDGET REPORTS City Council received and filed the report. S. PRELIMINARY ENGINEERING REPORT AND AUTHORIZATION TO PROCEED WITH BALLOTING City Council waived further reading, read by title only and adopted Resolution No. 2007 -021 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING THE FORMATION AND STATING ITS INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND DIRECTING ACTIONS WITH RESPECT THERETO, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". `Amended to correct Resolution Iiw il.T�'ii IFOXOYA 9. APPROPRIATION OF ADDITIONAL FUNDS FOR THE JULIA MCNEIL SENIOR CENTER PROJECT, CIP 604 City Council authorized staff to proceed with Option 1 to complete the Julia McNeil Senior Center Project, CIP 604, as designed and authorized the appropriation of CDBG Funds in the amount of $100,000 to account number 120.53.5020.604. SET MATTERS - PUBLIC HEARINGS 10. PUBLIC HEARING TO REQUEST APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE MODIFYING STANDARDS FOR ADULT - ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO. AZC -159a (Continued from March 7, 2007) Mayor Lozano opened the Public Hearing for public participation. There were no speakers, therefore the Public Hearing was closed. Councilmember Olivas referenced the requested red -line version of the report and expressed his satisfaction with the changes. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2007 -017 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING Page 4 of 6 THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO ADULT - ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC -159A" and waive further reading, read by title only and introduce for first reading Ordinance No. 1301 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 153.440, 153.441, 124.010,124.020, 124.040, 124.060, 124.080, 124.090, 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT- ORIENTED BUSINESSES; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC- 159A ". Moved by Mayor Pro Tern Garcia, seconded by Mayor Lozano. REPORTS OF OFFICERS 11. DAY LABORER ORDINANCE City Attorney Scher presented the report. Councilmember Olivas noted that the congregation is a visual blight. He requested that staff research an alternate location for individuals to congregate. Mayor Pro Tern Garcia reminded the Council that Home Depot had previously expressed opposition to siting a location on their premises. She requested that a meeting be scheduled with Home Depot to work on a possible solution. Motion: A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1302 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 97.135,97.136, 97.137 AND 97.138 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION ". Moved by Council Member Olivas, seconded by Mayor Pro Tern Garcia. CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion on the following: 1) Request to send a congratulatory fetter to Congresswoman Hilda Solis for on her appointment to the newly created Select Committee on Energy Independence and Global Warming Mayor Lozano requested a letter be sent. There were no objections. Request by Councilmember Olivas for discussion on the following: 1) Request for update on banner program for veterans of the Iraq war 2) Request for staff to review long -range transportation plans for MTA and SCAG and to have Baldwin Park's transportation needs incorporated in them; and Page 5 of 6 Councilmember Olivas requested staff look up procedures for Baldwin Park to see how it can be done individually, specifically when are the times and deadlines to get into a long range plan. 3) Request to review ordinances on "medicinal marijuana clubs" Councilmember Olivas requested staff work with the City Attorney to bring back an ordinance. There were no objections. Matter will come back at a future matter. Request by Councilmember Pacheco for discussion on the following: 1) Request for a crossing guard at Elwin Elementary School Councilmember Pacheco requested staff to look into placing a crossing guard at Elwin and what the fiscal impact would be on the budget. Councilmember Pacheco requested that staff research bringing in consultants to assist with engineering reviews with redevelopment, especially with larger programs. Mayor Pro Tem Garcia spoke about the HEAC project wanting to conduct an assessment of areas, stores, convenient stores, supermarkets. They have scheduled April 21, 2007 as day to conduct assessment and would like City Council to review letter and approve for their distribution to the business owners. A sample of the letter was provided for Council review. There were no objections. Councilmember Olivas requested a report on complaints of food at the Senior Center. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:12 p.m. Approved as presented by the Council at their meeting held April 4, 2007. Laura M. Nieto Deputy City Clerk Page 6 of 6 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, MARCH 21, 2007 6 :00 p.m. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair David J. Olivas, Mayor Pro Tem/Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Council Members /Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member Olivas, Council Member Pacheco, Mayor Pro Tern Garcia, Mayor Lozano. Absent: Council Member Bejarano. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Chief Lopez, Rosemary Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees RECONVENE IN OPEN SESSION The City Council reconvened in open session with all members present at 7:00 p.m. REPORT FROM CLOSED SESSION City Attorney Scher reported that discussions were not held on Item #1 and Page I of 2 there was nothing further to report. PRESENTATIONS Compass Blue Print Presentation Presentation was given by Peter Brandenberg, Senior Regional Planner with Southern California Association of Governments (SCAG). Councilmember Pacheco inquired about the length of time it would take to complete the process. Mr. Brandenberg responded that the process would take approximately twelve months and would be at no cost to the City. Councilmember Olivas asked if the project was associated with a GIS system. Mr. Brandenberg stated that it depended on what type of data is needed, however, Compass uses its available outside resources. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p. M. Approved as presented by the Council at their meeting held April 4, 2007, Laura M. Nieto Deputy City Clerk Page 2 of 2 r 11M 1�r4 BAIw DWIN P. A - R, K CITY OF BALDWIN PARK TO: Honorable Mayor and Councilmembers FROM; Amy L. Harbin, City Planner DATE: March 21, 2007 PURPOSE U i Y UUUNUIL AUMA ;P irk 9xiVY&ME SUBJECT: Second reading of Ordinance 1301. Approval of amendments to Sections 153.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.090, 124100 AND 124.120 of the Baldwin Park Municipal Code pertaining to regulations applicable to adult- oriented businesses (Applicant: City of Baldwin Park; Case No.. AZC- 159b). This report requests City Council approval of Ordinance 1301 amending various sections of the City's Municipal Code pertaining to regulations applicable to adult- oriented businesses. BACKGROUNDIDISCUSSION This Ordinance was introduced at the City Council meeting on March 21, 2007 for first reading, and at that meeting Ordinance 1301 was approved by the City Council. The Ordinance amends Sections 153.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.090, 124.100 and 124.120 of the Baldwin Park Municipal Code pertaining to regulations applicable to adult - oriented businesses. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1301 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment #1, Ordinance 1301 C:\Amy1AMY1WQRD1Repor-ts\Council Reports\AZC -159a 2nd readirig.doc ATTACHMENT #1 ORDINANCE 1301 C:1Amy\AMY\WORD\Reports\Council Reports\AZC -159a 2nd reading.doc ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 153.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.090, 124,100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT - ORIENTED BUSINESSES WHEREAS, the City Council of the City of Baldwin Park ( "City Council ") wishes to promote the City of Baldwin Park's great interest in protecting and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and WHEREAS, in August of 1996, the City Council adopted Ordinance No. 1117 establishing regulations for Adult- Oriented Businesses; and WHEREAS, when the City Council adopted Ordinance No. 1117, it took legislative notice of the existence and content of the numerous studies concerning the adverse secondary effects of adult businesses in other cities, and since 1996, numerous additional studies have reconfirmed those effects. The City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to refine the adopted regulations so as to better address the adverse secondary effects of adult businesses and more specifically finds that these studies provide convincing evidence that: 1. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 2. Regulations for adult businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. WHEREAS, in 1996, the City Council took judicial notice of factual findings and legal conclusions in numerous judicial decisions and since that time, there have been further number numerous judicial decisions on the regulation of adult businesses which the City Council hereby takes notice of, including but are not limited to City of Los Angeles v. Alameda Books, 122 S.Ct. 1728 (2002); City of Erie v. Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Gammoh v. City of La Habra (91" Cir. 2005) 395 F.3d 1114; World Wide Video of Washington, Inc. v. City of Spokane, 2004 WL 1171686 (9" Cir.(May 2004)); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cent. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cent. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam 1"), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam 11 "), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam !II "), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Tily B., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 (1998); Department of Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California ( "Vicary') 99 Cal.App.4th 880 (2002); all of which decisions are public records,; and WHEREAS, the City Council believes the following statements are true, in part based upon its understanding of the experiences of cities such as Seattle, Washington; Austin, Texas; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; Newport Beach California, Anaheim California, and Phoenix, Arizona; and in part on medical evidence of the effects of illegal drugs such as methamphetamine and cocaine on human behavior: A. Adult Oriented Businesses (as that term is defined in Baldwin Park Municipal Code Section 153.440) should not be located in areas of the City which are in the vicinity of churches or other religious institutions, public parks, the public library and its branches, and children's schools, due to the fact that such Adult - Oriented Businesses create secondary effects which are wholly incompatible with those sensitive uses; B. Concentration of Adult - Oriented Businesses on the main commercial thoroughfares of the City would cause a loss of sensitivity to the adverse effect of pornography upon children, established family relations, respect for marital relationship and for the sanctity of marriage relations of others, and the concept of non - aggressive consensual sexual relations; as well as increase vacancy rates in those commercial districts, thereby reducing the City's tax base; C. Ordinance No. 1117, which permitted Adult - Oriented Businesses in the manner and areas provided therein, was appropriate because such areas include ample accessible real estate that is easily accessible by freeways, highways and roads and the changes made by this ordinance do not affect that conclusion since the change in the manner of measuring distance from sensitive uses will put the Municipal Code in alignment with the actual method used since 1996 to measure such distances and with the actual method used in 1996 to determine the availability of accessible real estate for such uses; D. In the more than ten (10) years that the City has regulated the areas in which Adult- Oriented Businesses are allowed, there has been not one complaint that insufficient areas are provided for such Businesses, and the provisions of this ordinance will not change the amount of land available for such Businesses; E. A reasonable regulation of the location and manner of operation of Adult - Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult - Oriented Businesses, while providing those who desire to patronize Adult- Oriented Businesses an opportunity to do so in appropriate areas within the City; WHEREAS, the aforementioned studies and cases show that sex - related offenses are included within the category of secondary effects caused by under - regulated Adult - Oriented Businesses; and WHEREAS, the City Council believes that persons who have been convicted of or pled guilty or polo contendre to sex - related offenses have shown a propensity to commit such offenses and should not be permitted to operate Adult - Oriented Businesses for five years after such conviction and/or while such persons are on parole or probation for such conviction or plea. This is because the sexually oriented nature of the business creates an increased opportunity for the commission of sex - related offenses by persons who have exhibited a propensity for the commission of such offenses; and WHEREAS, the City Council believes as true the medical documents and judicial decisions in the public record referred to in the adoption of Ordinance No. 1117 and in this ordinance which demonstrate that various operational practices of Adult - Oriented Businesses increase criminal activity, which includes but is not limited to sexually related criminal activity, and increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ( "AIDS ") and hepatitis -B; and WHEREAS, the City Council believes the following statements are true based upon its understanding of the discussed above: A, Evidence indicates that dancers, models, entertainers, and other persons who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in Adult Oriented Businesses (as those terms are defined in Section Baldwin Park Municipal Code Section 153.440) (collectively referred to as "Performers ") have been found to engage in sexual activities with patrons of Adult- Oriented Businesses on the site of the Adult- Oriented Business; B. Evidence has demonstrated that Performers employed by Adult- Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; C. Evidence indicates that Performers at Adult- Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interior cannot be seen from public areas of the establishment ( "Individual Viewing Areas ") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Individual Viewing Areas have been found to contain "glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; F. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; G. Medical science has found that the AIDS and hepatitis -B viruses are carried in the semen of infected males and have a potential life span of 2 to 3 hours outside the human body; H. The existence of semen on the walls and floors of the Individual Viewing Areas, as well as other areas of Adult- Oriented Businesses, can facilitate the transmission of the AIDS and hepatitis-13 viruses; I. The practice of individuals having anonymous and /or unprotected sexual relations in Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis -B viruses as well as other sexually transmitted diseases; J. Poorly lit or unlit areas of Adult- Oriented Businesses provide a location for people to engage in illegal sexual and narcotics activities; K. Police agencies have determined that some Adult - Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; L. The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes legislative notice that according to statistics provided by the Los Angeles County Health Department, in 1998 1,624 cases of AIDS were diagnosed in Los Angeles County and 184 AIDS- related deaths were reported; while 464 cases of AIDS were diagnosed in Los Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS - related deaths were reported for that same period. Further, the City Council takes legislative notice of the County of Orange Communicable Disease Summary 1998, County of Orange Health Care Agency, issued January 2000 ( "Communicable Disease Summary"). The Communicable Disease Summary states that 5,149 cases of AIDS were reported in Orange County between 1982 and 1998. In 1998, 305 cases of AIDS were reported in Orange County, an 8% increase over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the number six years prior. As of December 2000, an estimated 5,700 Orange County residents were living with HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001, by the County of San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology ( "AIDS Surveillance Report ") and the report entitled San Diego County HIV /AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency ( "AIDS Status Report "). According to the AIDS Surveillance Report, 10,876 AIDS cases were reported throughout the County since 1981 through July 2001, 150 of which were reported in 2001 and 420 of which were reported in 2000. M. The City is also concerned with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The Communicable Disease Summary further indicates that between 1994 and 1998, 211 cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases of chlamydia were reported in the County. The City also takes legislative notice of the STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency ( "STD Fact Sheet ") and the Sexually Transmitted Diseases Annual Summary, San Diego County, 1993 -1994, by the Sexually Transmitted Disease Control Program, dated December 1995 ( "STD Annual Summary"). According to the STD Fact Sheet and STD Annual Summary, 1109 cases of syphilis were reported throughout the County between 1990 and 2000, 27 of which were reported in 2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported between 1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia reported within the County dramatically exceeds the number of reported cases of syphilis and gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be noted that according to the AIDS Status Report, numerous studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the transmission of HIV. WHEREAS, the City Council has a reasonable basis to believe that the experiences of Los Angeles County, Orange County and San Diego County as to these sexually transmitted or blood borne diseases are relevant to the experiences of Baldwin Park. WHEREAS, while the City Council desires to protect the rights of those who provide adult- oriented entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertainment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records comprising the record for Ordinance No. 1117 and this ordinance, the City Council finds as follows: A. The City has an interest in ensuring that individuals who operate Adult - Oriented Businesses have not been convicted nor pled guilty or polo contendre of certain criminal offenses, particularly sexually related offenses. The restrictions arising from such pleas contained in this ordinance further that interest; B. The requirement that Adult - Oriented Businesses only allow performances which are characterized by Specified Sexual Acts or feature Specified Anatomical Parts in such a way that patrons are not be permitted within 6 feet of the Performers is likely to: reduce the opportunities for illegal sexual activity to occur between Performers and patrons; reduce the opportunities for illegal drug transactions to occur between Performers and patrons; and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult- Oriented Business; C. Requiring Performers.in Individual Viewing Areas or Performers desiring to perform within 6 feet of patrons to be completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier which physically prevents any physical contact between patrons and performers is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons, reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons, and reduce the possibility that illegal drug transactions will occur on the premises; D. Prohibiting any physical contact between Performers and patrons of Adult - Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual and narcotics activity between patrons and Performers; E. Prohibiting patrons of Adult- Oriented Businesses from directly providing payments or gratuities to and prohibiting Performers from directly accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers, F. The City also takes legislative note of the number of courts which have upheld distance limitations between performers and patrons, prohibitions against physical contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at adult businesses that provide live entertainment, including, based on the presence of secondary effects including, but not limited to: Gammoh v. City of La Habra (9t" Cir. 2005) 395 F.3d 1114; Tily B. v. City of Newport Beach (1999) 69 Cal.App.4th 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104, 111011 (9th Cir. 1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995). G. The City Council, in adopting the additional operational standards set forth in this ordinance, recognizes that these standards do not preclude reasonable alternative avenues of communication. The City Council takes note of the proliferation of adult material on the Internet, satellite television, direct television, CDs, and DVDs, and that these various media provide alternative avenues of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. H. The City Council further takes note that the form in which adult materials are available has affected the manner in which Adult- Oriented Businesses are operated and that such changes in such Businesses require corresponding changes in the City's existing ordinances. WHEREAS, the additional regulations enacted by this ordinance will enable the City to more effectively reduce or eliminate the secondary effects caused by the Adult - Oriented Businesses, so that resident of the City need not be forced to suffer the deleterious impacts of such secondary effects which include but are not limited to increased crime and blight; and WHEREAS, it is not the intent of the City in adopting this ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which provides additional regulations to address the secondary effects Adult - Oriented Businesses have on the City and to provide appropriate hearing and appeal procedures for the matters set forth herein; and WHEREAS, the City Council finds that the amendments to the City's existing ordinances made by this ordinance are content neutral and regulate the time, place and manner of operation of sexually oriented businesses pursuant to Government Code Section 65850 sub. (g)(1). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 153.440 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions contained in said section are hereby amended to read as follows: ADULT-ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and /or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or b. Regularly features persons who appear semi- nude; and /or c. Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b. Rents, leases, or lets any room for less than a six - hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO, A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. APPLICANT A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult- Oriented Business. NUDITY OR A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. B. The definition of "CHURCH' contained in said section is hereby deleted. C. The following definitions are hereby added to said section: PERFORMER. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult - oriented business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities at least two days per week. SECTION 2. Section 153.441 of the Baldwin Park Municipal Code is hereby amended to read as follows: §153.441 Location and Zoning Requirements For Adult- Oriented Businesses No adult - oriented business shall be established, located, or operated in any zone in the city other than the I and I -C zones and only when within the ascribed distances of the certain specified land uses or zones as set forth below: (a) No such business shall be established or located within 1000 feet from any existing legal or legal non - conforming residential zone or use, unless separated from the residential use or zone by a major freeway (Interstate 10 or State Highway 605) or by a right of way at least 100 feet in width. (b) No such business shall be established or located within 1000 feet from any existing legal or legal non - conforming park, religious institution, day care facilities, or schools. The required distances for separation shall be measured using a straight level line, without regard to intervening structures or objects. The required distance separation shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an adult - oriented business, if it is located by itself in a free standing structure, or from the tenant space if the business is located in part of a building. The measurement shall end at the closest lot line of the property containing the sensitive use. The distance requirements imposed by this section shall be evaluated as of the date the adult - oriented business files a business license application with the city. SECTION 3. Section 124.010 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions contained in said section are hereby revised to read as follows: ADULT - ORIENTED BUSINESSES. Any one of the following: (1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, slides or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and /or other printed matter, photographs, films, motion pictures, video cassettes, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. (3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and /or b. Regularly features persons who appear semi- nude; and /or c. Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) ADULT HOTEUMOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed - circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b. Rents, leases, or lets any room for less than a six- hour period, or rents, leases, or lets any single room more than twice in a 24 -hour period. (5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 00% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. APPLICANT A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult- Oriented Business. NUDITY OR A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. B. The definition of "CHURCH' contained in said section is hereby deleted. C. The following definitions are hereby added to said section: PERFORMER. Any dancer, entertainer, model, or other person who performs Specified Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. The term "religious institution" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. SECTIQN 4. Section 124.020 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.020 PERMITS REQUIRED. (A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the operation of an adult - oriented business unless the person first obtains and thereafter maintains a valid adult - oriented business permit and, if necessary, adult - oriented business performer permit(s) as required under this chapter, a city business license, and any other permits required by state or federal law. All such licenses and permits shall be maintained in full force and effect during the life of the adult - oriented business. (B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult - oriented business unless the person first obtains from the city and thereafter maintains a valid adult- oriented business performer permit as required under this chapter, if necessary, a business license, and any other permit required by state or federal law. All such licenses and permits shall be maintained in full force and effect during the life of such persons engagement in such actions. SECTION 5. Section 124.040 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.040 APPLICATIONS. (A) Adult- oriented business permits are nontransferable, except in accordance with § 124.070. Therefore, all applications shall include the following information: (1) If the applicant is an individual, the individual shall state his or her legal name, (including any aliases), address, telephone number(s) and date of birth. The applicant shall also submit satisfactory written proof that he or she is at least 18 years of age. With the exception of the applicant's name, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names, aliases if any, addresses, telephone numbers and dates of birth of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any. The applicant shall also submit satisfactory written proof that each of the partners is at least 18 years of age. With the exception of the partner's names, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, aliases if any, addresses, telephone numbers, dates of birth, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process. The applicant shall also submit satisfactory written proof that each of the above referenced people is at least 18 years of age. With the exception of the name of the corporation, and the names and titles of the officers, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. (B) if the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application. (C) If the applicant intends to operate the adult - oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult - oriented business and show proof of registration of the fictitious name. (D) A description of the type of adult - oriented business for which the permit is requested and the proposed address where the adult- oriented business will operate, plus the names, aliases if any, phone numbers, dates of birth and addresses of the owners and, if applicable, lessors of the adult - oriented business site. (E) The address to which all notices related to the application and the operation of the business are to be mailed. (F) The full names, aliases if any, addresses, telephone numbers and dates of birth of all employees, independent contractors, and other persons who will perform at the adult - oriented business, who are required by § 124.080 to obtain an adult- oriented business performer license. (For ongoing reporting requirements see § 124.080.) (G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult- oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale. (H) A certificate and straight -line, to scale drawing prepared by a registered architect showing: (1) The scale and the north arrow. (2) The street address of the lot or lots to be included as part of the adult - oriented business. (3) The size of lots accurately dimensioned. (4) The size and location of all existing and proposed structures. (5) The size and location of all existing and proposed parking stalls. (6) The location of all landscaped areas. (7) The location of all trash areas. (8) The location of the proposed exterior lighting system required by this chapter. (9) The property lines of any religious institution, school, park, residential zone or use within 1000 feet of the adult - oriented business as described in § 153.441. The drawing shall be prepared within 30 days prior to the submission of the application, and the preparer shall state on the face of the drawing the date on which it was prepared. (l) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult - oriented business permit. (J) A statement signed and verified by the applicant if an individual, each partner if a partnership, and each corporate officer and each person owning a 25% or greater interest in the corporation attesting to the fact that within the past five years none of the above has been convicted of or plead guilty or polo contendre to any of the following: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. SECTION 6. Section 124.060 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.060 DECISION TO GRANT OR DENY PERMIT. (A) Upon determination an application is complete, the City Clerk shall promptly grant the application and issue the adult- oriented business permit unless: (1) The building, structure, equipment, or location used by the business for which an adult- oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State, or with the requirements of this chapter and § 153.441. (2) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult- oriented business permit. (3) An applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age. (4) The required application fee has not been paid. (5) Within the past five years, the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation has been convicted of or plead guilty or polo contendre to any of the following offenses: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 2661, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or any equivalent violation of the code of another state; or has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. (B) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in § 124.050(a), the applicant may begin operating the adult- oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter, including but not limited to the requirements of § 124.120. SECTION _7. Section 124.080 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.080 ADULT - ORIENTED BUSINESS PERFORMER PERMIT. (A) No person shall engage in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult - oriented business, without a valid adult - oriented business performer permit issued by the city. All persons who have been issued an adult - oriented business permit shall promptly supplement the information provided as part of the application for the permit required by § 124.030, with the names of all performers required to obtain an adult- oriented business performer permit, within five business days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the adult - oriented business permit. (B) The City Clerk shall grant or deny adult business performer permits as provided herein. (C) The application for an adult - oriented business performer permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. (D) The completed application shall contain the following information (which shall be kept confidential by the city to the extent permitted by law) and be accompanied by the following documents: (1) The applicant's legal name and any other names, including "stage name" and aliases, used by the applicant; (2) The applicant's age, date and place of birth; (3) The applicant's height, weight, and hair and eye color; (4) The applicant's present residence address and telephone number; (5) Whether the applicant has ever been convicted of or plead guilty or polo conendre to : (i) Any of the offenses set forth in Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 2668, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code as those sections now exist or may hereafter be amended or renumbered; or (ii) The equivalent of the aforesaid offenses outside the State of California. (6) Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution, (7) The applicant's State driver's license or identification number; (8) Satisfactory written proof that the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is at least 18 years of age; (9) The applicant's fingerprints on a form provided by the Police Department, and a color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (10) Whether the applicant has ever had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked. (E) The application shall be accompanied by a non - refundable application fee. The amount of the fee shall be set by resolution of the City Council. (F) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application. SECTION B. Subsection (E) of Section 124.090 of the Baldwin Park Municipal Code is hereby amended to read as follows: (E) The City Clerk shall deny the application for any of the following reasons: (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application; (2) The applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age; (3) The adult - oriented business performer permit is to be used for performing in a business prohibited by State or city law; (4) The applicant has been registered in any state as a prostitute; (5) The applicant has been convicted of or pled guilty or nolo contendre to any of the offenses enumerated in § 124.080(d)(5) or convicted of or plead guilty or nolo contrendre to an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction or plea occurred more than five years prior to the date of the application. (8) The applicant has had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to if the revocation was more than three years prior to the date of the application. SECTION 9. Section 124.100 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.100 SUSPENSION OR REVOCATION OF ADULT - ORIENTED BUSINESS PERMITS AND ADULT - ORIENTED BUSINESS PERFORMER PERMITS. An adult- oriented business permit or adult- oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section. (A) On determining that grounds for permit revocation exist, the City Clerk shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted by a hearing officer in accordance with procedures established by the City Clerk, but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross - examine witnesses. (2) The hearing officer shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. (3) The status quo shall be maintained pending the hearing officer's decision on the suspension or revocation, unless the permitee seeks judicial review pursuant to Code of Civil Procedure Section 1094.8, in which case, the status quo shall be maintained until a trial court decision on the writ. (B) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, performer, independent contractor, agent, partner, director, stockholder, or manager of an adult - oriented business: (1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city. (2) The permittee, employee, agent, partner, director, stockholder, or manager of an adult - oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult - oriented business, or in the case of an adult- oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult- oriented business: (i} Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code. (ii) The occurrence of acts of lewdness, assignation, prostitution, or sexual misconduct such as any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation or use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur including any conduct constituting violations of Sections 243.4, 261, 266x, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or Subdivisions (a) (b) or (d) of Section 647 of the California Penal Code. (iii) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. (iv) Any act constituting a violation of provisions of the California Health and Safety Code relating to the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance as specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code. (v) Any conduct prohibited by this Chapter. For the purposes of this section, an adult - oriented business permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. (3) Failure to abide by a disciplinary action previously imposed by an appropriate city official. (C) After holding the hearing in accordance with the provisions of this Section, if the hearing officer finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following; (1) Suspension of the permit for a specified period not to exceed six months; (2) Revocation of the permit. SECTIQN 10. Subsection (K) of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: (K) The following additional requirements shall pertain to adult- oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities: (1) Live entertainment shall only be performed either: (1) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or (2) in a location other than on the stage such that the Performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the area in which the entertainer is performing is completely separated from the individual viewing area, or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patronlentertainer physical contact. (2) The adult- oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performer's use. (3) The adult- oriented business shall provide an entrance /exit for performers which is separate from the entrance /exit used by patrons. (4) The adult - oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult- oriented business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and entertainers. (5) No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business. (6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection. (7) No patron shall directly pay or give any gratuity to any performer, and no performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person -to- person transfer of the gratuity. This section shall not prohibit the establishment of a non -human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying. (8) No owner or other person with managerial control over an adult- oriented business shall permit any person on the premises of the adult - oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and /or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. SECTION 11. The final paragraph of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: The foregoing applicable requirements of this Section shall be deemed conditions of adult - oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations. SECTION 12. 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. APPROVED, and ADOPTED this 7th day of March, 2007. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1301 was introduced at a regular meeting of the City Council held on March 7, 2007 and was adopted by the City Council at its regular meeting held on March 21, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, CMC Chief Deputy City Clerk P - A - R - K CITY OF BALDWIN PARK CITY COUNCIL AGENDA APR - 4 2007 ITEM NO.�� AGENDA STAFF REPORT This report requests the City Council adopt, on second reading, Ordinance No. 1302 relating to places permitted for solicitation. ,1 s �.. '�:. 1 f At its meeting of March 21, 2007, the City Council introduced Ordinance No. 1302 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 recommends City Council waive further reading, read by title only and adopt on second reading, Ordinance No. 1302 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 97.135, 97.136 AND 97.137 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATIONi9. Attachments) Ordinance No. 1302 ORDINANCE NO. 13{}2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 97.135, 97.136, 97.137 AND 97.138 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PLACES PERMITTED FOR SOLICITATION The City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1, The City Council hereby finds and determines as follows: A. The City of Baldwin Park maintains a system of streets, the purpose of which is to provide for the public health and safety by making available areas where motorized vehicles may travel with the least possible conflict with pedestrians. To provide an additional barrier between vehicular and pedestrian travelers and to improve the aesthetic character of the City, the paved portion of the public right- of-way dedicated to vehicular use is usually separated from the areas utilized for pedestrian travel by parkways developed with ground cover and other landscaping. B. Commercial and industrial property owners within the City are required by the City to maintain areas on their properties which are dedicated to use by persons occupying such properties or utilizing the businesses and services located on such properties for parking of their motorized vehicles so as to assure the vehicular access to such businesses and services which is necessary for the economic viability of such businesses and services. The City, too, maintains areas which are developed as parking lots to supplement the parking provided by private property owners so as to increase the ease of access to public and private facilities and to improve traffic flow by allowing for the restriction or elimination of parking on the street. Such parking areas may also include landscaping to provide shade and aesthetic improvement to the area, and walkways designated for use by pedestrians intended to help them travel safely from their parked vehicles to the structures on site. C. The City further maintains a system of sidewalks within public rights -of- way, generally adjacent to the public streets and /or the City's or privately owned properties' parking areas, the purpose of which is to provide for the public health and safety by providing places where pedestrians, including but not limited to persons in wheelchairs or utilizing other assisted modes of transportation, may safely travel without conflict with motorized vehicles. Minimum size standards for sidewalks to accommodate access for handicapped individuals have been developed by federal, state and county governments and clear passageways of such width are necessary to maintain that access. D. Commercial and industrial properties €' €` ay ads-. - 'Ue-, z I r. where vehicular access is restricted or prohibited so that pedestrian access to lf�e businesses and services on the properties is more safely accommodated, including access by handicapped persons. One purpose of the design review required by the 01067!0026149057.01 Ordinance No. 1302 Page 2 City for such properties is, in fact, to assure that the conflict between vehicles and pedestrians on private property is minimized to the greatest extent possible, to avoid the potential for injury to persons or property which arise from such conflicts. E. Pursuant to constitutional requirements, publicly owned sidewalks, as well as certain areas within certain commercial shopping centers, are recognized as a forum for the expression of activities protected by the First Amendment to the United States Constitution. Among such protected activities is the use of such areas for the solicitation of employment, business, or contributions of money or other property. F. Usage of areas developed and intended for non - pedestrian use, such as streets, parkways, driveway approaches, and parking lots, by persons who sit, stand or walk in such areas in order to solicit employment, business, or contributions, or by persons in vehicles who seek to solicit or respond to solicitation of employment, business or contributions from persons sitting, standing or walking in such areas creates a threat to the public health and safety, by significantly increasing the potential for damage to persons or property, including the potential for deadly accidents, which may involve the persons who are not in locations intended for pedestrians and/or others, as vehicles attempt to avoid persons in such areas, drivers of vehicles are distracted by such persons, and traffic becomes congested due to the interference with the normal flow of traffic caused by the use of such areas for such non - vehicular uses. G. Furthermore, solicitation activities on sidewalks or other areas developed and intended for pedestrian passage may, if they interfere with the intended purpose of such areas, also create a threat to the public health and safety by causing pedestrians or persons requiring assisted mobility to have to leave appropriately paved and segregated areas and move into areas where the footing may be uneven, such as landscaped areas, or into areas where vehicular traffic is present. H. It is the intention of the City Council in adopting this ordinance to strike a balance between the needs of vehicles and pedestrians, including handicapped individuals, for safe passage and the constitutional rights of persons to utilize for solicitation those areas which have been determined by law to be public forums. SECTION 2. Section 97.135 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.135 DEFINITIONS. For the purposes of this subchapter, the following meanings shall apply: EMPLOYMENT. Any service, industry, or labor performed by a person for wages or other compensation, or under any contract for hire, whether written or oral, express or implied. PARKING AREA. Any portion of any property, whether publicly or privately owned, which is designed for the parking of vehicles including but not limited to any areas reserved within such portion of such property for access by vehicles to such Ordinance No. 1302 Page 3 parking (e.g., a drive aisle), for landscaping, or for pedestrian access to structures on the property from a parked vehicle. PEDESTRIAN AREA. Any area of any publicly or privately owned property which is not within a parking area but which is designed for the passage of pedestrians, such as public sidewalks and walkways adjacent to privately owned structures. PARKWAY. Any strip of land abutting a street on one side and a pedestrian area or parking area on the other which is either (i) not paved but covered with ground cover or otherwise developed with landscaping, or (ii) developed with a driveway or driveway approach designed for the passage of motorized vehicles. SOLICIT. The making of any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or a request for money or other property; or of any request, offer, enticement, or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. A solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or are exchange of money or other property takes place. STREET. Any public street, avenue, boulevard, lane, road, alley, or other publicly owned property which is designed primarily for the passage of motorized vehicles. SECTION 3. Section 97.136 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.136 PROHIBITION OF SOLICITATION IN STREETS, PARKWAYS AND PARKING AREAS. (A) It is unlawful for any person to solicit while lying, sitting, standing or walking in any place which is a street, parkway, or parking area. (B) It is unlawful for any person, while the occupant of a vehicle, to solicit any person who is lying, sitting, standing or walking in any place which is a street, parkway, or parking area. SECTION 4. Section 97.137 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.137 SOLICITATION IN PEDESTRIAN AREAS. It is unlawful for any person to utilize any pedestrian area for the purpose of soliciting if such use results in there being less than four (4) feet of free and clear passageway in, along, and through such pedestrian area. Notwithstanding the foregoing, nothing in this section shall be deemed to require a private property owner to permit solicitation at his/her premises. Ordinance No. 1302 Page 4 SECTION 5. Section 97.138 of the Baldwin Park Municipal Code is hereby amended to read as follows: § 97.138 PENALTY. Notwithstanding any other provision of this code, a violation of this subchapter shall be deemed a misdemeanor, provided, however, that at the discretion of the enforcing or prosecuting authority, a violation of this subchapter may be charged and prosecuted as an infraction. SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. � , r . m � STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK day of , 2007 I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1302 was introduced at a regular meeting of the City Council held on March 21, 2007, and was adopted by the City Council at its regular meeting held on , by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK iz 11 BALDWIN P - A - RrK FROM: DATE: SUBJECT: Pl IRPORP CITY OF BALDWIN PARK APR - 4 007 ITEM NO AGENDA STAFF REPORT Honorable Mayor and City Council Members Honorable Chair and Community De o ment Commis ion Members Rosemary M. Gutierrez, Chief Deputy City April 4, 2007 Conflict Waiver Relating to the Cities of Irwindale and Baldwin Park This report requests the City Council to approve a Conflict Waiver relating to simultaneous representation of the Cities of Irwindale and Baldwin Park by Aleshire & Wynder, the City Attorney's new law firm. BACKGROUND DISCUSSION The City Attorney, Assistant City Attorney, and City/CDC condemnation counsel recently moved to the law firm of Aleshire & Wynder, LLP ( "A &W "). This firm has represented the City of Irwindale for several years. Because the cities are geographically contiguous, potential conflicts of interest may arise in the future relative to representation of the cities. The Rules of Professional Conduct of the State Bar of California require that before an attorney may concurrently represent two or more clients in the same subject matter, or represent clients in different matters where their interests may conflict, the attorney must inform the clients in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the clients. The Rules of Professional Conduct also require that when the clients' interests potentially conflict, the attorney may not represent them without informed written consent. The purpose of the Letter of Agreement, Exhibit "A" attached, is to document that Irwindale and Baldwin Park will be giving informed written consent to joint representation subject to the provisions outlined on Exhibit "A ", which have been developed to avoid any true conflict. A &W Conflict Waiver April 4, 2007 Page 2 Disclosure, as defined in the Rules of Professional Conduct Rule 3 -310, requires that A &W suggest to the cities the circumstances which might arise involving conflicts between the two clients. Accordingly, A &W has listed several situations which could arise for your consideration: 1) Both cities are involved in a regional issue such as storm water issues, where for various reasons, they have different positions; 2) Both cities are involved in a regional body such as Contract Cities, the Joint Powers Insurance Authority, or otherwise, where they have different positions; 3) One city takes a position on state legislation not consistent with the desire of the other; 4) One city is pursuing economic development and negotiates with a developer who might alternatively consider a site in the second city; 5) One city offers services to the other through a contract, such as a jail contract; 6) One city is constructing public improvements such as street or sewer improvements which would service or affect the other city; 7) One city is considering a development project which will have physical impacts beyond the boundary of the approving city, and the other city is commenting on the project through the environmental review process or otherwise In any of the above situations, one or the other of the cities, or both, might seek legal advice from its City Attorney. The Rules of Professional Conduct do not prohibit the providing of such advice, even to both parties, if the clients are informed of the potential for adverse consequences. At the present time, the City Attorney is not aware of any reasonably foreseeable adverse consequences to the cities, with respect to A &W representing the cities in these types of matters. By the getter of Agreement, however, A &W is suggesting a process to be followed by the two City Attorneys in the event the above or similar situations arise to assure there are no adverse consequences to continued representation. Without revealing confidential client information, they will keep each other informed of projects which may affect the other city and the informed City Attorney will then share the information with their City Manager. If the City Manager sees no likelihood of conflict between the cities, he may approve the matter. If he sees a possibility of conflict, the matter will be presented in closed session for the consideration and approval by the City Council of each city. In those situations where an actual conflict of interest between the cities arises, including the potential institution of legal action by and among the various cities with respect to these or related issues, A &W will withdraw from representing all of the cities in the matter which constitutes the actual conflict of interest, provided the withdrawal is permitted under the Rules of Professional Conduct of the State Bar of California and will also assist the cities in each obtaining outside legal representation. A &W Conflict Waiver April 4, 2007 Page 3 � mI IT, 1:4 -6117- -I i[�l�l Staff recommends City Council authorize the Chief Executive Officer /Director to execute the Letter of Agreement — Conflict of Waiver Relating to the Cites of Irwindale and Baldwin Park on behalf of the City of Baldwin Park and Community Development Commission of the City of Baldwin Park. Attachment(s) • Exhibit "A" - Letter of Agreement 1 Conflict Waiver ..:'.. ... .:w. ALESHIRE WYNDER, LLP VIAR 1 9x.007 A'1'I'OltALys ,41` LAW W WWI awattorncys.com ADM i:.., , t(oAf N EMAIL: sscher @awadtorneys.com March 16, 2007 Honorable Mayor and Members of the city Council Vijay Singhal, Chief Executive Officer/ Executive Director City of Baldwin Park/Community Development Commission of the City of Baldwin Parr 14403 East Pacific Avenue Baldwin Park, California 91706 Honorable Mayor and Member of the City Council City of Irwindale 5050 N. Irwindale Avenue Irwindale, California 91706 Re: Conflict Waiver Relatin tg o the Cities of Irwindale and Baldwin Parr Dear Mayor and Members of the City Council: x,us t'eacacACa vRxz..c, 1515 W. 190rh Sir= $Mite 565 Gardena, California 96428 Phone 310.527.6660 Fax 310.532,7395 orange County Office: 28881 von Kalman Avenue saiLe 4.0 {} Ievine, California 92612 Piton 949.223,11.70 Fax 949-223.1180 David Aleshire has represented the City of Irwindale and its Redevelopment Agency (collectively "Irwindale ") as City Attorney and Agency Counsel since 1996, Stephanie Scher has represented the City of Baldwin Park and its Community Development Commission (collectively "Baldwin Park ") as City Attorney and Agency Counsel since 2003. In 2003 David Aleshire and William. Wynder formed the firm of Aleshire & Wynder, now consisting of some 20 lawyers with various specialties. In January 2007, Stephanie Scher and several of her 1-. . n fi-o AIa„ 11 r &' erkman iner� fA1es ire & Wynder a a err viiliva�ile� uisial au��e iL rile � B kiixC.ca j�= �....�Fi,... `��.. u.., 8` p,�rtn Irwindale and Baldwin Park (collectively, the "Governmental Clients ") have accordingly each retained the law firm of Aleshire & Wynder, LLP ( "A &W ") to provide legal advice pertaining to general legal services as city attorney and general counsel., (hereinafter referred to as "this Engagement "), Because the Governmental Clients are geographically contiguous, we would like to inform you of potential conflicts of interest that may arise in the future relative to our representation. of the Governmental Clients and obtain your consent to concurrent representation in ongoing matters with the express understanding that either Client may withdraw this approval and require that special representation be obtained as stated herein. The Rules of Professional Conduct of the State Bar of California require that before an attorney may concurrently represent two or more clients in the same subject matter, or represent clients in different anatters where their interests may conflict, the attorney must inform the clients in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the clients. The Rules of Professional. Conduct also require that when the 01067/0001/48505.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin. Park March 14, 2007 Page 2 clients' interests potentially conflict, the attorney may not represent there without informed written consent. By signing this letter agreement, the Governmental Clients will be giving informed written consent to joint representation subject to the provisions herein. We believe that certain situations could arise where informed written consent is required. We would like to summarize the applicable roles. "Mules of Professional Conduct Rule 3 -310. Avoiding Representation of Adverse Interests A) For purposes of this rule: (1) 'Disclosure' means informing the client or former client of the relevant, circumstances and of the actual and reasonably foreseeable adverse consequences to the client or former client; (2) 'Informed written consent' means the client's or former client's written agreerrrent to the representation following written disclosure; (3) 'Written' means any writing as defined in Evidence Code section 250. (B) A member shall not accept or continue representation of a client without providing written disclosure to the client where: (1) The member has a legal business, financial., professional, or personal, relationship with a party or witness in the same matter; or ... (C) A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the elrents po entia" ly corE,}`hct; or (2) Accept of ccntinure represe : awion o f r, ore than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and a/ /lie same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. " The above rules are interpreted by the State Bar as follows: "Subparagraphs (C) (1) and (C) (2) are intended to apply to all types of legal employ7nent, including the concurrent representation of multiple parties in litigation or in a single transaction or in some other common enterprise or legal relationship. Examples of the latter include the formation of a partnership for several partners or a corporation for several shareholders, the preparation of an ante - nuptial agreement, or joint or reciprocal wills for a husband and wife, or the resolution of an 'uncontested' marital dissolution. In such situations, for the sake of convenience or economy, the parties may well prefer to employ a single 01067/0001148505.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Park- March 14, 2007 Page 3 counsel, but a member inust disclose the potential adverse aspects of such multiple representation (e.g., Evid. Code, §962) and must obtain the informed ivritten consent of the clients thereto pursuant, to subparagraph (C) (1). Moreover, if the potential adversity should become actual the member must obtain the further informed written consent of the clients pursuant to subparagraph (C) (2). Subparagraph (C)(3) is intended to apply to representations of clients in both, litigation and transactional matters. " Disclosure, as defined above, requires that we suggest to the Governmental Clients, circumstances which might arise involving conflicts between the two clients. Accordingly, we would life to raise several situations which could arise for your consideration: I ) Both cities are involved in a regional issues such as storm water issues where for various reasons they have different positions; 2) Both cities are involved in a regional body such as Contract Cities, the Joint Powers Insurance Authority, or otherwise, where they have different positions; 3) One city takes a position on state legislation not consistent with the desire of the other; 4) One city is pursuing economic development and negotiates with a developer who aright alternatively consider a site in the second city; 5) One city offers services to the other through a contract, spr-1- as a ja-d contract; 6) One city is constructing public improvements such as street or sewer improvements which would service or affect the other city. 7) One city is considering a development project which will have physical impacts beyond the boundary of the approving city, and the other city is commenting on the project through the environmental review process or otherwise. 01067/000ll495 05.04 Honorable Mayor and Member of Conflict Waiver Re- Irwindale and Baldwin Park March 14, 2007 Page 4 In any of the above situations, one or the other of the Governmental Clients might seek legal advice from its City Attorney. At the present time, we are not aware of any reasonably foreseeable adverse consequences to the Governmental Clients, with respect to A &W representing the Governmental Clients in this Engagement. In fact, to our knowledge, in the last 10 years of the representation of these clients, an extremely harmonious relationship has been maintained among all these entitles and there has not been any litigation nor even the threat of litigation among these parties. However, it should be recognized that potential issues or situations may arise durilig this Engagement, as suggested above where the interests of the Governmental Clients may become adverse. By this letter, we would like to suggest a process to be followed by the two City Attorneys in. the event the above or similar situations arise. Without revealing confidential client information, they will keep each. other informed of projects which may affect the other Governmental Client and the informed City Attorney will then share the information with their City Manager. If the City Mai-Lager sees no likelihood of conflict between the Governmental Clients, he may approve the matter. If he sees a possibility of conflict, the matter will be presented in closed. session for the consideration and approval by the City Council of each Governmental Client. In those situations where an actual conflict of interest between. the Governmental Clients arises, including the potential of the institution of legal action by and among the various Governmental. Clients with respect to this Engagement or related issues, A &W will withdraw from representing all of the Governmental Clients in the matter which) constitutes the actual conflict of interest, provided the withdrawal is permitted under % - ` --.les of Professional. Conduct of the State Bar of California and will assist the Governmental Clients in each obtaining outside legal representation. We appreciate that this conflict issue has not arisen from any action by either City. There are a number of adjacent cities in Southern California which share the same firm as City Attorney. Where these relationships are carefully handled, we are not aware of adverse consequences which have arisen in these other jurisdictions. Nevertheless, the potential for conflict requires careful monitoring. We appreciate our clients' support. We do believe that the additional expertise available to each Govermnental Client from the growth of the firm will be beneficial to them. 0 1067,'000 1148505.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Parr March 14, 2007 Page 5 If the waiver of the conflicts described above is acceptable to you, then }Tease sign this letter where indicated below and return a signed copy to me for our files. If you have any questions, please feel free to give us a call. Very t1 my you,: s, ALESHIRE & Wi'NDER, LLP David J. Ales 'r Stepha .' .. Scher w _ J WP /sgc ACKNOWLEDGED AND AGREED TO ON BEHALF OF THE CITY OF BALDWIN PARK AND COMMUNITY DEVELOPMENT COMN4ISSION OF THE CITY OF BALDWIN PARK Dated: 2007 Vijay Singhal, Chief Executive Officer/ Executive Director ACKNOWLEDGED AND AGREED TO ON BEHALF OF THE CITY OF IRWINDALE AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF IRWINDALE Dated: 2007 Agency Director 01067/0001/48505.04 City Manager/ 14 APR ® 4 2007 ITEM NO, FOR, BALDWIN CITY OF BALDWIN PARK AGENDA STAFF REPORT P A, R � K TO: Honorable Mayor and City Council Members FROM: Rosemary M. Gutierrez, Chief Deputy City Cl DATE: April 4, 2007 SUBJECT: Resolution Approving and Adopting Third Amended Agreement of the San Gabriel Valley Council of Governments PURPOSE This report requests the City Council adopt Resolution No. 2007 -020 approving the Third Amended and Restated Joint Exercise of Powers Agreement of the San Gabriel Valley Council of Governments. BACKGROUND DISCUSSION The County of Los Angeles has agreed to join the San Gabriel Valley Council of Governments (SGVCOG). The Board of Supervisors unanimously passed a resolution to that effect in January and at its February 15 Regular Meeting the SGVCOG Governing Board approved the Third Amended and Restated Joint Exercise of Powers Agreement. The most significant changes to the Amended JPA Agreement are as follows: 1. The County will join as one legal entity, but it will have up to three representatives with individual votes on the Governing Board representing the First, Fourth and/or Fifth Supervisorial Districts. 2. The dues paid by the County will be in proportion to the number of people living in unincorporated communities in each Supervisorial District that actively participate in the SGVCOG. Currently the three identified Supervisorial Districts all intend to be active in the SGVCOG. 3. The Governing Board Representatives and Alternate Governing Board Representatives for the County will be selected by the Supervisor(s) for the respective District(s) 4. The County will continue to participate in the Alameda Corridor — East Construction Authority, but it will continue to have only one Member in that organization and the selection process for that Member will remain unchanged. SGVCOG JPA Amendment Staff Report April 4, 2007 Page 2 5. if it wishes to do so, the County may partially withdraw from the SGVCOG at a future date. Under this scenario, the County would continue to participate in the SGVCOG but with fewer active Supervisorial Districts. The County's voting rights and dues would be adjusted accordingly. The County would also have the option of completely withdrawing from the SGVCOG, as does every member city. If sixteen cities approve and execute the Amended Agreement, it will be effective and the County will be able to join the SGVCOG as soon as it too approves and executes the Amended Agreement. As a result of this anticipated change, the SGVCOG Bylaws were modified to reflect the change and were approved by the SGVCOG Governing Board at their March 15th meeting. The County Board of Supervisors voted and approved the Agreement at their March 20th meeting. Resolution No. 2007 -020 and the Amended JPA Agreement are attached to this report for your consideration and adoption. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2007 -020 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS ". Attachment(s) • Resolution No. 2007 -020 • Amended /Restated Agreement with SGVCOG RESOLUTION NO. 2007 -020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS WHEREAS, the San Gabriel Valley Council of Governments ( "SGVCOG ") was established and that certain Joint Exercise of Powers Agreement entered into as of March 1, 1994; and WHEREAS, an Amended and Restated Joint Exercise of Powers Agreement for the SGVCOG was approved and adopted by the majority of the member cities effective September 17, 1998; and WHEREAS, a Second Amended and Restated Joint Exercise of Powers Agreement for the SGVCOG was approved and adopted by the majority of the member cities effective November 21, 2000; and WHEREAS, membership in the SGVCOG has been limited to cities in the San Gabriel Valley; and WHEREAS, there is a growing need to have the SGVCOG consider and address the interests of the unincorporated parts of Los Angeles County that are located in the San Gabriel Valley in the development of regional policies and planning; and WHEREAS, the County of Los Angeles has indicated a willingness to join the SGVCOG and actively participate in its activities; and WHEREAS, the participation of Los Angeles County in the activities of the SGVCOG would further the public interest by assisting the SGVCOG to achieve it goals and objectives; and WHEREAS, the Third Amended and Restated Joint Exercise of Powers Agreement for the SGVCOG would enable the County of Los Angeles to join the SGVCOG and participate in the SGVCOG's activities through representatives of the three County Supervisorial Districts that are located in the San Gabriel Valley. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Third Amended and Restated Joint Exercise of Powers Agreement for the San Gabriel Valley Council of Governments, attached hereto and incorporated herein by this reference, is approved and adopted. Resolution No. 2007 -020 Page 2 SECTION 2. That the City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of April, 2007. MANUEL LOZANO MAYOR 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 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 4th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS A JOINT POWERS AUTHORITY THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT EFFECTIVE MARCH 4, 2007 San Gabriel Valley Council of Governments A3 - i RV 44833- 9006-- 7457v5 TABLE OF CON'V'ENTS San Gabriel Valley Council of'Governments A3 - ii RV #4833- 9006- 7457v5 Page No. Section1. Recitals ........................................................................... ..............................1 Section 2. Creation of Separate Legal. Entit .................................. ..............................2 Section3. Name. ........................................................................... ..............................2 Section 4. Purpose and Powers of the Council ............................... ..............................2 a. Purpose of Council ................... b. Common Powers ............................................................ ..............................2 C. Exercise of Powers ......................................................... ..............................3 Section 5. Creation of Governing Board ......................................... ..............................4 a. Designation of Governing. Board Re resentatives ......... ..............................4 b. Desi nation of Alternate Governing Board Representatives .......................4 c. Eligibility Section 6. Use of Public Funds and Property ................................. ..............................4 Section 7. Functioning of Governing Board ................................... ..............................5 a. Voting and Participation ................................................ ..............................5 b. Proxy Votin. .................................................................. ..............................5 C. Quorum .......................................................................... ..............................5 d. Committees .................................................................... ..............................5 e. Actions ........................................................................... ..............................5 Section 8. Duties of the Governing Board ...................................... ..............................5 Section 9. Roberts Rules of Order .................................................. ..............................6 Section 10. Meetings of Governing Board ....................................... ..............................6 Section 11. Election of President and Vice - President ...................... ..............................6 Section. 12. Executive Directoi .......................................................... ..............................6 Section 13. Designation of Treasurer and Auditor ........................... ..............................7 Section 14. Council Treasurer ........................................................... ..............................7 Section 15. Designation of Other Officers and Employees .............. ..............................7 San Gabriel Valley Council of'Governments A3 - ii RV #4833- 9006- 7457v5 Section 16. Obligations of Council ................................................... ..............................7 Section 17. Control and Investment of Council Funds ..................... ..............................7 Section 18. Implementation Agreements .......................................... ..............................7 Section19. Term ............................................................................... ..............................7 Section 20. A plicati.on of Laws to Council Functions .................... ..............................7 Section21. Members ........................................................................ ..............................8 a. Withdrawal ..................................................................... ..............................8 b. Non - Payment of Dues .................................................... ..............................8 C. Admitting Eligible Members ......................................... ..............................8 d. Admitting New Members .............................................. ..............................8 Section 22. Interference With Function of Members ...................:.... ..............................9 Section 23. Dues of Members ........................................................... ..............................9 Section 24. Disposition of Assets ..................................................... ..............................9 Section25. Amendment ................................................................... .............................10 Section26. Effective Date ............................................................... .............................10 Section 27. Alameda Corridor — East ,..Gateway to America Construction Authorit ..10 San Gabriel Valley Council of Governments A3 - iii RV #4833 - 9006- 7457v5 THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE "SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS" (A JOINT POWERS AUTHORITY) This Third Amended and Restated Joint Exercise of Powers Agreement ( "Agreement ") is made and entered into by and between the public entities (collectively, "Members ") whose names are set forth on Exhibit A, attached hereto and incorporated herein by this reference, pursuant to Section 6500 et seq. of the Government Code and other applicable law: WITNESSETH: The parties hereto do agree as follows: Section 1. Recitals. This Agreement is rnade and entered into with respect to the following facts: a. Historically, the San Gabriel Valley Association of Cities, an unincorporated association, played a valuable role in serving as a forum for the exchange of ideas and information among its Member cities; however, the growing need for the cities in the San Gabriel Valley to develop and implement their own subregional policies and plans and voluntarily and cooperatively resolve differences among themselves required a more representative and formal structure; b. There is further a growing need for the cities in the San Gabriel Valley to involve the unincorporated areas of Los Angeles County (the "County ") located in the San Gabriel Valley in the development and implementation of subregional policies and plans and in the voluntary and cooperative resolution of differences between the cities and the unincorporated areas. C. The public interest requires a joint powers agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and subregional basis through the establishment of a council of governments; d. The public interest requires that an agency explore areas of inter- governmental cooperation. and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its Members; C. The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its Members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues); f. Each Member is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; g. Each Member, by and through its legislative body, has determined that a subregional organization to assist in planning and voluntary coordination among the cities and San Gabriel Valley Council of Governments A3 -1 R V 44833- 9006- 7457v5 unincorporated areas in the San Gabriel Valley is required in furtherance of the public interest, necessity and convenience; and h. Each Member, by and through its legislative body, has independently determined that the public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each such Member. Section 2. Creation of Separate Le al Entit . It is the intention of the Members to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the Government Code. Accordingly, there is hereby created a separate legal entity which shall exercise its powers in accordance with the provisions of this Agreement and applicable law. Section 3. Name. The name of the said separate legal entity shall be the San Gabriel Valley Council of Governments ( "Council'). Section 4. Purpose and Powers of the Council. a. Purposc of Council. The purpose of the creation of the Council is to provide a vehicle for the Members to voluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. It is the clear intent among Members that the Council shall not possess the authority to compel any of its Members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues). The goal and intent of the Council is one of voluntary cooperation among Members for the collective benefit of cities and unincorporated areas in the San Gabriel. Valley. b. Common Powers. The Council. shall have, and may exercise, the following powers: (1) Serve as an advocate in representing the Members of the Council at the regional, state and federal levels on issues of importance to the San Gabriel Valley; (2) Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with regional significance; (3) Assemble information helpful in the consideration of problems peculiar to the Members; (4) Utilize Member resources or presently existing single purpose public and public /private groups to carry out its programs and projects; (5) Explore practical avenues for voluntary intergovernmental cooperation, coordination and action in the interest of local public welfare and improving the administration of governmental services; San Gabriel Valley Council of Governments A3 - 2 RV #4833 - 9006- 7457v5 (6) Assist in coordinating subregiorial planning efforts and in resolving conflicts among the cities and unincorporated areas in the San Gabriel Valley as they work toward achieving planning goals, (7) Build a consensus among the Members on the implementation of policies and programs for addressing subregional and regional. lsstles; (8) Serve as a mechanism for obtaining state, federal and regional grants to assist in financing the expenditures of the Council; (9) Make and enter into contracts, including contracts for the services of engineers, consultants, planners, attorneys and single purpose public /private groups; (10) Employ agents, officers and employees; (11) Apply for, receive and administer a grant or grants under any federal, state, or regional programs; (12) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, farms, corporations and any governmental entity; (13) Lease, manage, maintain, and operate any buildings, works, or improvements; (14) Delegate some or all of its powers to the Executive Director as hereinafter provided; and (15) Borrow money, incur indebtedness and /or issue bonds pursuant to the Constitution of the State of California and any of the laws of the State of California and to exercise any implied power necessary to exercise the express powers provided for in this subparagraph 15, provided, however, that any borrowing hereunder shall be for the purpose of financing the Project, as defined in Section 27 of this Agreement and shall be repaid solely from funds pledged or otherwise designated for the Project. Borrowings authorized hereunder shall be subject to Section 16 of this Agreement. C. Exercise of Powers. The Council shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. For the purposes of determining the restrictions to be imposed on the Council in its manner of exercising its powers pursuant to Government Code section 6509, reference shall be made to, and the Council shall observe, the restrictions imposed upon the City of West Covina. San Gabriel Valley Council of Governments A3 -3 RV #4833 - 9006- 7457v5 Section 5. Creation of Governing= Board. There is hereby created a Governing Board for the Council ( "Governing Board ") to conduct the affairs of the Council. The Governing Board shall be constituted as follows: a. Designation of Governing Board Representatives. Except with regard to the County, one person shall be designated as a representative of the Governing Board by the legislative body of each of the Members ( "Governing Board Representative "). The County, in its sole discretion but subject to the requirement that it shall pay dues and assume all obligations under this Agreement in proportion to the number of its Representatives, shall have one, two or three Governing Board Representatives. The Governing Board Representative(s) for the County shall reside in and /or represent one of the First, Fourth or Fifth Supervisorial Districts and shall be selected by the respective County Supervisor. No Member shall be entitled to "ex officio" nonvoting representation on the Governing Board; however, the Governing Board, at its sole discretion, may allow "ex officio" non - voting representation from public entities that are not Members. b. Designation of Alternate Governing Board Representatives. Except with regard to the County, one person shall be designated as an alternate representative of the Governing Board by the legislative body of each of the Members ( "Alternate Governing Board Representative "). The County shall have one, two or three Alternate Governing Board Representatives, each acting as an alternate for only one of the First, Fourth and /or Fifth Supervisorial Districts. The Alternate Governing Board Representative(s) for the County shall be selected by the respective County Supervisor(s) for the First, Fourth or Fifth Supervisorial Districts and shall reside in and /or represent that same Supervisorial District. C. Eligibility. No person shall be eligible to serve as a Governing Board. Representative or an Alternate Governing Board Representative unless that person is, at all times during the tenure of that person as a Governing Board Representative or Alternate Governing Board Representative, a member of the legislative body of one of the appointing Members except that Governing Board Representatives and Alternate Governing Board Representatives for the County do not have to be members of any legislative body but shall serve at the pleasure of their respective County Supervisors. Should any person serving on the Governing Board fail to maintain the status as required by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement. Section 6. Use of Public Funds and Property. The Council shall be empowered to utilize for its purposes, public and /or private funds, property and other resources received from the Members and /or from other sources. Subject to the approval of the Governing Board of the Council, the Members shall participate in the funding of the Council in such a manner as the Governing Board shall prescribe, subject to the provisions of Section 23 of this Agreement. Where applicable, the Governing Board of the Council may permit one or more of the Members to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Council's activities. San Gabriel Valley Council of Governments A3 - 4 RV #4833 - 90106- 7457v5 Section 7. Functioning of Governing Board. a. Voting and Participation. Each Member may cast only one vote for each issue before the Governing Board through its representative except that each Governing Board Representative for the County may cast one vote which shall be independent of and separate from the vote of any other Governing Board Representative for the County. An Alternate Governing Board Representative may participate or vote in the proceedings of the Governing Board only in the absence of the respective Governing Board Representative. Governing Board Representatives and Alternate Governing Board Representatives seated on the Governing Board shall be entitled to participate in and vote on matters pending before the Governing Board only if such person is physically present at the meeting of the Governing Board and if the Member which that Governing Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues as required by this Agreement and the Bylaws. Each Governing Board Representative (or the Alternate Governing Board Representative) for the County who is physically present at the meeting of the Governing Board shall be entitled to participate in and vote on matters pending before the Governing Board without regard to the attendance or vote of any of the other Governing Board Representatives for the County if all dues owed by the County for the Supervisorial District of said Governing Board Representative are timely and fully paid as required by this Agreement and the Bylaws. b. Proxy Voting. No absentee or proxy voting shall be permitted. C. Quorum. A quorum of the Governing Board shall consist of not less than fifty percent (50 %) plus one (1) of its total voting membership. d. Committees. As needed, the Governing Board may create permanent or ad hoc advisory committees to give advice to the Governing Board on such matters as may be referred to such committees by the Governing Board. All committees shall have a stated purpose before they are formed. Such a committee shall remain in existence until it is dissolved by the Governing Board. Qualified persons shall be appointed to such committees by the pleasure of the Governing Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Governing Board, may be composed of representatives to the Governing Board and non - representatives to the Governing Board. e. Actions. Actions taken by the Governing Board shall be by not less than fifty percent (50 %) plus one (1) of the voting Governing Board Representatives who are present with a quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry a particular motion. Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for all purposes, the policy making body of the Council. All of the powers of the Council, except as may be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing Board. San Gabriel Valley Council of Governments A3 - 5 RV #4833- 9006- 7457v5 Section 9. Robert's Rules of Order. The substance of Robert's Rules of Order shall apply to proceedings of the Governing Board, except as may otherwise be provided by provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board. Section 10. Meetings of Governing. The Governing Board shall, by means of the adoption of Bylaws, establish the dates and times of regular meetings of the Governing Board. The location of each such meeting shall. be as directed by the Governing Board. Section 11. Election of President and Vice - President. The President shall be the chairperson of the Governing Board, shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice - President shall serve as President in the absence of the President and shall perform such duties as inay be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board or the President. At the first regular meeting of the Governing Board, a Governing Board Representative shall be elected to the position of President by the Governing Board, and a different Governing Board Representative shall be elected Vice - President of the Governing Board. The terms of office of the President and Vice - President elected at the first regular meeting of the Governing Board shall continue through the first July 1 of their terms and expire on the second July 1, and elections to deter nine their successors shall not be held until the first regular meeting of the May preceding the second July 1. Thereafter, a Governing Board Representative shall be elected to the position of President of the Goveming Board, and a different Governing Board Representative shall be elected to the position of Vice - President of the Governing Board at the first regular meeting of the Governing Board held in May of each calendar year. The terms of office of the President and Vice - President shall commence and expire on July 1. If there is a vacancy, for any reason, in the position of President or Vice - President, the Governing Board shall forthwith. conduct an election and fill such vacancy for the unexpired term of such prior incumbent. Section 12. Executive Director. The Governing Board may appoint by a vote of fifty percent (50 %) plus one (1) of the total voting membership a qualified person to be Executive Director on any basis it desires including, but not limited to, a contract or employee basis. The Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section 21 (c) of this Agreement). The Executive Director shall be the chief administrative officer of the Council. The Executive Director shall serve at the pleasure of the Governing Board and may be relieved from such position at any time, without cause, by a vote of fifty percent (50 %) plus one (1) of the total voting membership of the Governing Board taken at a regular, adjourned regular or special meeting of the Governing Board. The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board. San Gabriel Valley Council of Governments A3 - 6 RV 44833- 9006 -74570 Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in accordance with applicable law, designate a qualified person to act as the Treasurer for the Council and a qualified person to act as the Auditor of the Council. If the Governing Board so designates, and in accordance with provisions of applicable law, a qualified person may hold both the office of Treasurer and the office of Auditor of the Council. The compensation, if any, of a person or persons holding the offices of Treasurer and/or Auditor shall be set by the Governing Board. Section 14. Council Treasurer. The person holding the position of Treasurer of the Council shall have charge of the depositing and custody of all fiends held by the Council. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Board. The Council's Auditor shall perform such functions as may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction of the Governing Board. Section 15. Designation of Other Officers and Employ. The Governing Board may employ such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Council. Section 16. Obligations of Council. The debts, liabilities and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever. Section 17. Control and Investment of Council Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section IS. Implementation Agreements. When authorized by the Governing Board, affected Members may execute an Implementation Agreement for the purpose of authorizing the Council to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by the Council in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that Implementation Agreement. Section 19. Tenn. The Council created pursuant to this Agreement shall continue in existence until such time as this Agreement is terminated. This Agreement may not be tenninated except by an affirmative vote of not less than fifty percent (50 %) plus one (1) of the then total voting membership of the Governing Board. Section 20. Application of Laws to Council Functions. The Council shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code.) Sane Gabriel Valley Council of Governments A3 - 7 RV #4 &33- 9006- 7457v5 Section 21. Members. a. Withdrawal. A Member may withdraw from the Council by filing its written notice of withdrawal with the President of the Governing Board 60 days before the actual withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60- day period. The withdrawal of a Member shall not in any way discharge, impair or modify the voluntarily - assumed obligations for the withdrawn Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. The annual dales of a withdrawn Member shall be adjusted, on a pro rata basis, using the effective date of the withdrawal and a withdrawn Member shall be entitled to the balance of the annual dues paid for the fiscal year by that Member which were intended for the remaining part of that fiscal year. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the Council. In addition to being entitled to completely withdraw from the Council, the County may also partially withdraw and reduce its annual dues with a corresponding reduction in its ability to participate in and vote on matters before the Governing Board by filing a written notice of partial withdrawal with the President of the Governing Board 60 days before the actual partial withdrawal. Such partial withdrawal shall indicate which Supervisorial District(s) shall remain active in the Council and which are being withdrawn and shall be effective at 12:00 o'clock am on the last day of that 60 -day period. Partial withdrawal shall not change the rights and obligations of the County under this Agreement except that the County's annual dues shall be adjusted, on a pro rata basis, using the effective date of any Supervisorial District withdrawal and the County shall be entitled to the balance of the annual dues paid for the fiscal year by the County which were intended for the remaining part of that fiscal year for the Supervisorial District(s) being withdrawn from participation and the County shall no longer be able to participate in or vote on behalf of the withdrawn Supervisorial District(s) on any matter before the Governing Board or Council committees. b. Nan - Payment of Dues. If a Member fails to pay dues within three months of its annual dues assessment as required under Section 23 of this Agreement and the Bylaws, and after a 30 -day written notice is provided to that Member, the Member shall be deemed to be suspended from this Agreement and the Council.. When a Member is suspended, no representative of that Member shall participate or vote on the Governing Board or any committee. Such a Member shall be readmitted only upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension. In the case of the County, if the County fails to pay dues for one or more of its Supervisorial Districts within three months of the County's annual dues assessment as required under Section 23 of this Agreement and the Bylaws, and after a 30 -day written notice is provided to the County, no representative of the delinquent Supervisorial District(s) shall participate or vote on the Governing Board. The delinquent Supervisorial District(s) shall be able to resume participation and voting on the Governing Board only upon the payment of all dues then owed by the County on behalf of the delinquent Supervisorial District including dues incurred prior to and during the period of non- payment by the County. C. Admitting and Readmitting Eligible Members. Eligible public entities whose names are set forth on Exhibit A to this Agreement ( "Eligible Public Entities ") shall be admitted to the Council by: adopting this Agreement by majority vote of the legislative body of the Eligible Public Entity; properly signing this Agreement; and paying in full all dues owed for Scan Gabriel Malley Council of Governments A3 - 8 RV 94833- 9006- 7457v5 then current fiscal year. Since County may be admitted to the Council with voting representatives from one, two or three Supervisorial Districts, the dues to be paid by County will be based upon the number of Supervisorial Districts that will represent the County in the Council. County, in its sole discretion, may be admitted to the Council with representation from fewer than three Supervisorial Districts and may subsequently increase County's representation by one or more additional Supervisorial Districts contingent only on payment in full at the time that any additional Supervisorial District commences representation of the County of all dues for the then current fiscal year for said Supervisorial District. An Eligible Public Entity may be admitted regardless of whether it adopted and signed this Agreement before or after the Effective Date (as defined in Section 26 of this Agreement). An Eligible Public Entity that has withdrawn. from the Council in accordance with Section 21 may be readmitted to the Council by adopting this Agreement or any subsequent version of this Agreement by a majority vote of the legislative body of the Eligible Public Entity; properly signing this Agreement or any subsequent version of this Agreement and paying in frill all dues owed for the current fiscal year and any fiscal years for which the Eligible Public Entity had been withdrawn from the Council. No vote of the Governing Board shall be required to admit or readmit an Eligible Public Entity. County may reactivate representation. by any withdrawn Supervisorial District (as defined in this Section 21) by paying in full all dues owed for the then current fiscal year and any fiscal years for which the Supervisorial District has been withdrawn and no vote of the Governing Board shall be required for said reactivation. d. Admitting New Members, New Members who are not Eligible Public Entities may be admitted to the Council upon an affirmative vote of not less than fifty percent (50 %) plus one (1) of the total voting membership of the Governing Board provided that such a proposed new Member is a city or public entity whose jurisdiction, or part thereof, lies within and /or immediately adjacent to, the San Gabriel Valley. Admission shall be subject to such terms and conditions as the Governing Board may deem appropriate. Section 22. Interference with Function of Members. The Governing Board shall not take any action which constitutes an interference with the exercise of lawful powers by a Member of the Council. Section 23. Dues of Members. The Members of the Council shall be responsible for the payment to the Council, annually, of dues for each fiscal year in the amounts periodically budgeted by the Governing Board, as and for the operating costs of the Council as provided in the Bylaws. An annual dues assessment will be issued to all Members in July of each calendar year except that the annual dues assessment for the County will be issued in July of each calendar year on behalf of those Supervisorial Districts whose representation of the County began in the first six months of a Council fiscal year and in January of the following calendar year on behalf of those Supervisorial Districts whose representation of the County began in the last six months of a Council fiscal. year. Section 24. Disposition of Assets. Upon termination of this Agreement, after the payment of all obligations of the Council, any assets remaining shall be distributed to the Members in proportion to the then obligation. of those Members' obligation to participate in the funding of the Council as provided in Section 23 hereof.. San Gabriel Valley Council of Governments A3 - 9 RV #4833 - 9006 -74570 Section 25. Amendment. This Agreement may be amended. at anytime with the consent of fifty percent (50 %) plus one (1) of all of the legislative bodies of the then parties hereto. Section 26. Effective Date. The effective date ( "Effective Date ") of this Agreement shall be March 1, 1994 if fifty percent (50 %) plus one (1) of the Eligible Public Entities, whose names are set forth in Exhibit A, adopt this Agreement by a majority vote of the legislative body of each Eligible Public Entity and sign this Agreement. If fifty percent (50%) plus one (1) of the Eligible Public Entities have not adopted and signed this Agreement by March 1, 1994, then the Effective Date of the Agreement shall be the first date on which fifty percent (50 %) plus one (1) of the Eligible Public Entities adopt and sign this Agreement. Section 27. Alameda Corridor — East, Gateway to America Construction Authority. a. In addition to the Governing Board of the Council, there shall be an Alameda Corridor — East, Gateway to America Construction Authority (the "ACE Construction Authority "). The ACE Construction Authority shall have responsibility for the day -to -day implementation of the Alameda Corridor — East, Gateway to America Project (the "Project ") as ultimately adopted and approved by the Governing Board pursuant to Federal, State and local regulations. To facilitate such implementation of the Project, the ACE Construction Authority, upon the assignment of funds to it and subject to such restrictions imposed by Federal, State and local governmental entities and by the Governing Board, shall have the following powers to act on behalf of the Council: (1) To make and enter into contracts, including public works contracts and contracts for design, materials and coaistruction, and for the services of engineers, consultants, planners, and single purpose public or private groups, on behalf of aAid in the name of the Council; (2) To employ agents, officers and employees; (3) To acquire, by purchase or eminent domain, construct, reconstruct, rehabilitate, maintain in whole or in part, dispose of in whole or part on behalf of and in the name of the Council, land, facilities and appurtenances necessary or convenient for the completion of the Project; (4) To lease, manage, maintain, and operate on behalf of and in the name of the Council any buildings, works or improvements; and (5) To provide for or obtain insurance for the Council and Members of the ACE Construction Authority, and their agents, officers, and employees. b. The powers of the ACE Construction Authority shall be exercised only in furtherance of the Project and may be further limited and/or expanded by the Council Bylaws, as adopted or amended by the Governing Board. San Gabriel Valley Council of Governments A3 - 10 RV #4833-9006-- 7457v5 c. The ACE Constriction Authority shall be comprised of seven (7) Members, the qualifications for which shall be set forth. in the Bylaws. The ACE Construction Authority shall consist of one Member each from the City of El Monte, the City of Industry, the City of Montebello, the City of Pomona, and the City of San Gabriel, one Member from the County of Los Angeles, and one Member from the Council. d. It is contemplated that the Council will receive funds to be used for the Project from various federal, state and local funding sources and that the receipt of such funds will be conditioned by regulation, law or agreement. The Governing Board shall have control of all such funds until such time as responsibility for management and /or use of the funds is transferred to the ACE Construction Authority by the Governing Board by appropriate action. Such action., in addition to the delegation of annual budgeting authority, may contain restrictions on the use of such fiends and on the ACE Construction Authority, in addition to any found in the Governing Board- adopted Bylaws, and as is required by Federal, State and local entities and the Council. e. The ACE Construction Authority may be dissolved by the Governing Board upon a majority (50% + 1) vote. In the event that the ACE Construction Authority is dissolved by the Governing Board, the Governing Board shall succeed to the rights, responsibilities, obligations and duties of the ACE Construction Authority. That the Members of this Joint Powers Agreement have caused this Agreement to be executed on their behalf, respectively, as follows: CITY OF: BALDWIN PARK, CALIFORNIA MAN UEL LOZANO, MAYOR ATTEST: ROSEMARY M. GUTIERREZ, CHIEF DEPUTY CITY CLERK Approved by the Baldwin Parr City Council: April 4, 2007 San Gabriel Valley Council of Governments A3 - 11 RV #4833-9006- 745 70 EXHIBIT A Eligible Public Entities Alhambra La Verne Arcadia Monrovia Azusa Montebello Baldwin Park Monterey Park Bradbury Pasadena Claremont Pomona County of Los Angeles Rosemead Covina San Dimas Diamond Bar San Gabriel Duarte San Marino El Monte Sierra Madre Glendora South El Monte Industry South Pasadena Irwindale Temple City La Canada- Flintridge Walnut La Puente West Covina CITY OF BALDWIN PARK III BALDWIN P • A, R, K TO: Honorable Mayor and City Council Membe FROM: dward Lopez, Chief of Police DATE: Aril 4, 2007 STA SUBJECT: ADOPTION OF RESOLUTION NO. 2007- 014 ADDING PENALTIES FOR LATE PAYMENT OF FINES FOR PARKING VIOLATIONS PURPOSE This report requests that the City Council consider adopting Resolution 2007 -014 to add penalties for the late payment of parking violation fines. BACKGROUND /DISCUSSION Baldwin Park Municipal Code § 10.99 (F) authorizes the City Council to set penalties for parking violations. Resolution No. 2006 -059, adopted by the City Council on October 18, 2006, established those fines at no more than $50.00 for all parking violations except those involving the illegal parking of trucks and/or similar larger vehicles. The fine for illegally parked trucks and /or heavy vehicles was set at $250.00 by that same resolution. However, when the payments of the abovementioned fines are late, additional staff and consultant effort are expended to collect them. Therefore, when the fines are not timely paid, staff suggests that the City Council assess penalties for late payments of parking violation fines. The city attorney's office assisted with preparation of this report and the attached resolution. FISCAL IMPACT This resolution could result in revenue enhancement dependent upon the number of late parking penalty payments. RECOMMENDATION Staff recommends: 1. That the City Council adopt Resolution No. 2007 -014 entitled: A RESOLUTION OF THE CITY OF BALDWIN PARK, READOPTING PENALTIES FOR PARKING VIOLATIONS, ADOPTING PENALTIES FOR LATE PAYMENTS OF THOSE FINES AND RESCINDING RESOLUTION NO. 200£ -059. ATTACHMENTS ➢ Resolution 2007 -014 RESOLUTION NO. 2007- 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, READOPTING PENALTIES FOR PARKING VIOLATIONS, ADOPTING PENALTIES FOR LATE PAYMENTS OF THOSE FINES AND RESCINDING RESOLUTION NO. 2006 -059, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Baldwin Park Municipal Code § 10.99 (F) allows the City Council, by resolution, to establish penalties for parking violations; and WHEREAS, the City Council desires to add penalties for late payment of parking fines. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The penalty for each violation of Baldwin Park Municipal Code § 72.21 (A) shall be Two Hundred Fifty Dollars ($250.00). Section 2. Except for a violation of Baldwin Park Municipal Code § 72.21 (A) as set forth above, the penalty for each parking violation shall not exceed Fifty Dollars ($50.00). Section 3. In addition to Sections 1 and 2, above, if the applicable penalty for a parking violation is not paid within fifteen (15) days after the first notice of the violation is transmitted to the owner of the subject vehicle, then a late penalty of Twenty -five Dollars ($25.00) shall apply to that late payment. Section 4. In addition to Sections 1, 2 and 3, above, if a notice is sent to the Department of Motor Vehicles to hold the issuance of a vehicle registration or driver's license due to one or more unpaid parking violation penalties, then an additional penalty of Ten Dollars ($10.00) shall apply to that late payment. Section 5. This resolution shall become effective immediately upon its adoption. Resolution No. 2007 -014 Page 2 Section 6. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this 4th day of April 2007. MANUELLOZANO MAYOR 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 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the 7th day of March, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK CITY OF BALDWIN PARK II BALDWIN P A, R, K STA CITY COUNCIL. AGENDA TO: Honorable Mayor and City Council FROM: d Lopez, Chief of Police L_�5 Y, DATE: April 4, 2007 SUBJECT: REQUEST AUTHORIZATION FOR THE APPROVAL OF AN AGREEMENT FOR OVERTIME POLICE SERVICES AT THE RENAISSANCE FAIRE PURPOSE 1 . MP ,f To seek approval of an agreement between the City of Irwindale and the City of Baldwin Park, from April 7, 2007 to May 20, 2007, for overtime expenditures incurred during the provision of police services at the Renaissance Faire at the Santa Fe Dam. The contract would reimburse the City of Baldwin Park for the utilization of police officers providing patrol, enforcement, and parking control services. BACKGROUND The City of Irwindale hosts the Renaissance Faire at the Santa Fe Dam. The annual event attracts several thousand people during its six -week operation. The Irwindale Police Department has requested assistance from the Baldwin Park Police Department to provide officers to help manage the expected crowd. Baldwin Park personnel will be reimbursed at the overtime rates listed in the contract. The City of Baldwin Park will be compensated at an overtime rate for this service by the City of Irwindale. The contract was reviewed and approved as to form and content by the City Attorney. FISCAL IMPACT No negative impact to the general fund. RECOMMENDATION It is recommended that the City Council (1) Approve the agreement for overtime reimbursement between the City of Irwindale and the City of Baldwin Park, and (2) City Council authorize the Chief of Police to sign and execute the contract agreement. ATTACHMENTS • Agreement for police services at the Santa Fe Dam at the Renaissance Faire. Prepared by Lieutenant Bob Delgado AGREEMENT FOR POLICE SERVICES AT THE SAN'T'A FE DAM DURING THE RENAISSANCE FAIRE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement "), is made and entered into this 4"' day of April, 2007 by and between the CITY OF IRWINTDALE, a municipal corporation, (herein "City ") and the CITY OF BALDWIN PARK, a municipal corporation (herein "Baldwin Parr "). The parties hereto agree as follows: 1.0 SERVICES OF BALDWIN PARK 1.1 Scope of Services. In compliance with all terns and conditions of this Agreement, Baldwin Parr, through its Chief of Police and sworn peace officers, shall perform the work, or services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of this Agreement shall prevail. Baldwin Park represents and warrants that all work, and services set forth in the Scope of Services will be performed in a competent, professional and. satisfactory manner. 1.2 CornDliance with Law. All services rendered hereunder shall be provided in. accordance with all applicable ordinances, resolutions, statutes, rules, and regulations. 1.3 TaxMer. Identification. City's taxpayer identification number is 95- 6005899. Baldwin Park's taxpayer identification number is 95- 6005574. 2.0 Compensation. For the services rendered pursuant to this Agreement, Baldwin Park, shall submit invoices to City, in arrears, in a form approved by the City's Director of Finance. In general, Baldwin Park shall be compensated in accordance with the "Schedule of Compensation" attached herein at Exhibit "C ". The maximum contract amount under this Agreement shall not exceed S 10,000.00 ( "Contract Surn "), unless a written order for additional . services is given by City's Chief of Police to Baldwin Park's Chief of Police for an increase in compensation up to five percent (5 %) of the Contract Sum. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence: Time is of the essence in the performance of this Agreement. 3.2 Tern. Unless earlier terminated in accordance with Section 7.4 of this Agreement, this Agreement shall continue in full force and effect until completion of the services or the expenditure of the Contract Sun-i or any authorized increase thereto, whichever occurs :first, but not exceeding two (2) years from the date hereof, 4.0 COORDINATION OF WORK 4.1 Prohibition a airist Subcontracting or Assignment. The Agreement is not assignable in whole or in part without consent of both parties as memorialized and signed by each City. Any such prohibited assignment or transfer shall be void. 4.2 Independent_ Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Baldwin Park, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Baldwin Park's employees or agents, or in fixing their number, compensation or hours of service. Baldwin Park shall. perform all services required herein as an independent contractor of City. 5.0 INSURANCE AND INDEMNIFICATION Baldwin Park and City each carry and acknowledge the other carries sufficient insurance or is sufficiently self-insured to protect itself and each other from liability to third parties that may arise from the performance of this Agreement. 5.1 Indemnification. Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or omission occurring in the performance of that party's obligations under this Agreerxrent to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other party for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2.0 6.0 REPORTS AND RECORDS 6.1 Confidentiality of Data. All data and infor-rnation relating to City's or Baldwin Park's operations which are designated confidential by City or Baldwin Park, as applicable, and made available to City or Baldwin Park, as applicable, or which becomes available to either party in order to carry out this Agreement, shall. be protected by each party from unauthorized use and disclosure by the observance of the samme or more effective procedural requirements as are applicable to Baldwin Park or City. The identification of all. such confidential data and information as well as Baldwin Park or City's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided in writing to by each party to the other. 62 Examination and Audit. Baldwin Park shall be subject to the examination and audit by City for a period of three (3) years after final payment under this Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering the Agreement. 2 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the appropriate court of the County of Los Angeles, State of California. 7.2 Teim.ination Prior to Ex iration of Term. Either party may terminate this Agreement at any tine, with or without cause, upon thirty (30) days' written notice, except that where termination is due to the fault of either party, the period of notice nnay be such shorter time as may be determined by the non - defaulting party. Upon delivery of any notice of termination, the party not terminating this Agreement shall immediately cease all services hereunder except such as may be specifically approved. by the party terminating this Agreement. Baldwin Park shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by City thereafter in accordance with the Schedule of Coanpensation or such as may be approved by City. 8.0 CITY OFFICERS AND EMPLOYEES: NON - DISCRIMINATION 8.1 Conflict of Interest. No officer or employee of either party shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his/her financial interest or the financial 'interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation.. Baldwin Park warrants it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.2 Covenant against Discrimination. The parties covenant, by and for themselves, their heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Each party shall tale affinnative action to insure applicants are employed and employees are treated during employment without regard to their race, Color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of City, to the City Manager and to the attention of the Chief of Police, CITY OF IRWINDALE, 5050 Ni. Irwindale Ave., Irwindale, California 91706, and in the case of Baldwin Dark, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto relating to the subject platter of this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties relating to the subject matter of this Agreement, and none shall be used to interpret this Agreement. This Agreement zn.ay be amended at any time by the mutual consent of the parties by an instrument in writing. 9.3 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 4 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date :First written above EST: AFTT �.. .m..:r.. C� Clerk y APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP David Aleshire City Attorney ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Stephanie R. Scher City Attorney CITY: CITY OF Irwindale, A municipal corporation By: City Manager BALDWII PARK: CITY OF BALDWIN PARK, A municipal. corporation By: Vijay Singhal, Chief Executive Officer Mailing Address: 14403 East Pacific Street [END OF SIGNATURES] Baldwin Park, CA 91706 EXHIBIT A. SCOPE OF SERVICES In accordance with the terms of this Agreement and for the periods betvreen April 7, 2007 and May 20, 2007, Baldwin Park shall assigl officers to conduct patrol and enforcement services inside the Santa Fe Daarn. or traffic control services at the entrances outside of the Santa Fe Dan-1 in the City of Irwindale during such limes and in such amounts as requested by City's Chief of Police or his designee in writing at least 48 hours before any event at the Santa Fe Danl. The assignment of officers shall be coordinated between City's patrol. watch commander and Baldwin Park's watch commander. For each shift Baldwin Park's officers will be assisting City, each of Baldwin Park's officers shall attend City's shift briefing. Baldwin Park shall provide, as needed, one supervisor to work each shift when officers are assigned. For each shift Baldwin Park is providing officers to City, Baldwin. Park shall provide all necessary documentation and other information requested by City to City as may be reasonably necessary for City to secure reimbursement Porn the Renaissance Faire management for police services. A -1 Ws ' i W SC14EDULE OF COMPENSATION 1. Compensation. City agrees to reimburse the Baldwin Parr for hourly salaries paid to uniformed personnel assigned by the Baldwin Parr under this Agreement, at the following rates: Officer: S49.02 /br Sergeant: $60.78/hr Lieutenant: $77.12/6r Baldwin Park will not be reimbursed for mileage, benefits, or any other expenses, including, but not limited to, overhead and indirect costs, beyond the reim. bursement listed above. 2. Method of Pa ent. Baldwin Park agrees to submit requests for reimbursement to City within thirty (30) days of each individual shift worked by Baldwin Park's officers. Each request shall include: a. Invoice of hours spent providing services under this Agreement, in a Corm approved by City's Finance Director. b. Time Sheet /Overtime sheet listing officer names and the number of hours worked by each. C. Documentation showing the hourly salary of each officer. Ian no case will Baldwin Park be reimbursed for more than twelve (12) hours of time per police officer per shift. BALDWIN P K APR - 4 2007 CITY OF BALDWIN PARK STAj�.REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo, Jr., Director of Recreation & Community Sery es DATE: April 4, 2007 SUBJECT: Approval of Agreement for Carnival Services — Christiansen Amusements :0• = This report requests City Council approval of an Agreement with Christiansen Amusements to provide carnival services during the summer from July 19 -July 22, 2007, BACKGROUND In the past, the City of Baldwin Park has offered a carnival as part of the "Celebrate Baldwin Park " Anniversary Celebration. Proceeds from the carnival help underwrite the cost of the anniversary parade and other activities associated with the celebration. For the last eighteen (18) years, the Department has contracted these services through Christiansen Amusements. Staff is very satisfied with their current carnival operations and has an excellent working relationship. In addition, staff is pleased with the revenue generated through the current contract and it is reflected in the compensation portion of the agreement. Each year, the carnival generates approximately $10,500 in revenue. During FY 2006 -2007, staff found new methods to generate $68,000 in additional revenue to assist the budget process and offset other departmental expenditures. Out of the $68,000 in new revenue, $10,000 came from the second carnival held in July. The remaining $58,000 revenue came from several other new sources including fee increases for all recreational programs. DISCUSSION Since July is National Parks & Recreation Month, staff created a special program to celebrate the profession while creating a fun family - orientated atmosphere. Due to rising gas costs, many local families will not have the financial means to travel very far this summer for day trips or long vacations, thus limiting their recreational opportunities. With this in mind, staff would like to bring back the carnival during the month of Julyforfourdays to generate additional revenue for the general fund, while providing a valuable service to the community. April 4, 2007 Page two Approval of Agreement for Carnival Services - Christiansen Amusements Once again, bringing the carnival to Morgan Park will fill the need for another recreational outlet and complement already existing summer programs such as Summer Concerts in the Park., Summer Lunch Program and Summer Day Camp, all of which are successful and well received by the community. Under the proposed Agreement, Christiansen Amusements would agree to provide the City with 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Christiansen Amusements agrees to provide an insurance policy naming the City as additionally insured in the amount of $3 million dollars. In addition, Christiansen Amusements will also pay for all security, including additional police coverage. FISCAL IMPACT It is anticipated that the City will generate approximately $10,500, which will be used as an additional source of revenue for the general fund account. RECOMMENDATION Staff recommends that the City Council approve the attached agreement and authorize the Mayor to execute the necessary documents. Attachment: Agreement THIS AGREEMENT is made and entered into this 4th day of April, 2007 by and between the City of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements, (hereafter "LICENSEE "). The parties hereto do agree as follows: 1. This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, July 19, 2007 through Sunday, July 22, 2007 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) The CITY has determined that LICENSEE is qualified person to provide such services; and (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in this Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. CARNIVAL. The Carnival shall be conducted commencing on Thursday, July 19, 2007 at 5:00 p.m. through 10:00 p.m.; continuing Friday, July 20, 2007 from 5:00 p.m. through 11:00 p.m. and Saturday, July 21, 2007 from Noon through 11 :00 p.m.; and concluding on Sunday, July 22, 2007 from Noon through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom, facilities, including portapotties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival. Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and THIS AGREEMENT, is made and entered into this 21st day of March, 2007 by and between the City of Baldwin Park, a general law city (hereafter "CITY") and Christiansen Amusements, (hereafter "LICENSEE "), The parties hereto do agree as follows: This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, July 19, 2007 through Sunday, July 22, 2007 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) The CITY has determined that LICENSEE. is qualified person to provide such services; and (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in this Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 2. CARNIVAL. The Carnival shall be conducted commencing on Thursday, July 19, 2007 at 5:00 p.m, through 10:00 p.m.; continuing Friday, July 20, 2007 from 5:00 p.m. through 11:00 p.m. and Saturday, July 21, 2007 from Noon through 11:00 p.m,; and concluding on Sunday, July 227 2007 from Noon through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom facilities, including portapotties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival. Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per section 8 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of five major rides and five kiddie rides; and (e) advertising for the carnival and festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the carnival; and (g) waive entrance fees for all children under the age of 12 when accompanied by a paying adult (18 years and older); and (h) LICENSEE will provide 700 unlimited ride passes to be used either Thursday July 19, 2007 or Sunday July 22, 2007 during designated hours as indicated by LICENSEE. In exchange for this increased product value offered by LICENSEE, the CITY will waive all permit and licenses fees normally charged LICENSEE, except for the $125 fee for the Temporary Use Permit. It is intended that LICENSEE shall provide a full- service Carnival as a part of the festival, which shall consist of the entertainment as described herein. 6. FOOD AND BEVERAGE SALES. LICENSEE shall be limited to one "candy wagon ", located on the carnival midway to sell food and beverages to patrons of the festival. All other food and beverage sales will be provided and operated by local Non - profit and community organizations as designated by the CITY and mutually agreed to by LICENSEE so long as product is non - duplicated with LICENSEE and meets Health Department requirements. LICENSEE shall also provide two food booth spaces no bigger than 10' -12' square for community groups within the carnival site area at no cost to the group with LICENSEE providing electrical power only, no cords or cables. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of the CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set -ups for community groups within the carnival site area at the current market rate paid for by LICENSEE. 8, SECURITY. Security for the festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of the CITY'S Police Chief. LICENSEE does hereby agree to save the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from any claim, demand, action, or judgement arising out of any security provided by CITY. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub - Licensees. 10. Sub- Licensees. LICENSEE shall have the right to license a sub - Licensee, a qualified person, or entity, approved in advance by the CITY, for the purpose of providing the festival with the carnival activities required hereunder. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by the CITY other than security. The LICENSEE shall provide such liability insurance coverage as approved by the Chief Executive Officer of the CITY and in amounts and in coverage of at least $3,000,000 general liability combined single limit per occurrences for bodily injury, personal injury and property damage and $3,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name the CITY, the CITY'S Redevelopment Agency and their respective authorized and affected officers, employees and agents as additional insured on such policies. LICENSEE shall file with the CITY an Endorsement and a Certificate of insurance evidencing the existence of all required insurance coverage prior to July 12, 2007. Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 hours prior written notice to CITY by the carrier or carriers. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from all liability: (a) on account of any and all claims under Workers Compensation Acts and other employee or his/her subcontractors' or subficensees employees arising out of LICENSEE'S activities pursuant to this Agreement; and; (b) on account of any and all claims for damages because of personal injury or death, damage to property, or other oNigation(s) directly or indirectly arising out of or attributable to, in whole or part, the performance by LICENSEE or its subficensees, subcontractors, employees, or agents in the performance of the obligations stated in this Agreement, including, without limitation, attorneys' fees and court costs incurred by CITY, CITY's Redevelopment Agency, or any of their respective officers, agents or employees, as well as payment of any final judgment rendered against CITY, CITY's Redevelopment Agency or any of their respective officers, agents, or employees resulting from any action for which indemnification is required by this Agreement. 13, INDEPENDENT AGENTS. The parties hereto agree that LICENSEE, its agents, employees, consultants, subficensees, and subcontractors shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of the CITY. 14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of insurance required by law, including specifically, but not limited to, Worker's Compensation coverage. 15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to provide the same indemnification to the CITY, the CITY'S Redevelopment Agency and their respective officers, agents and employees, as is required of LICENSEE. 16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 days written notice to LICENSEE. 17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Gross receipts are to be determined based upon cash sales on the grounds and do not include the advance ride book tickets, if used. Payment is to be delivered to the CITY within 5 working days of the conclusion of the Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales personnel. 18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally served or given by mail. Any notice by mail shall be deemed to have been given when deposited in the United States mail, postage prepaid addressed to the party to be served as follows: To CITY: Manny Carrillo Director of Recreation & Community Services City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 To LICENSEE: Ralph "Buzz" Christiansen President Christiansen Amusements 3136 Bernardo Lane (mailing: P. O. Box 997) Escondido, CA 92029 (Escondido, CA 92033) 19. ATTORNEY'S FEES. In the event that either party hereto fails to comply with any of the terms of this agreement, and the other party commences legal proceedings to enforce any of the terms of this agreement or terminate this agreement, the prevailing party in any such suit shall receive, from the other, a reasonable sum including attorney's fee and costs as may be established by the court. 20. EXTENT OF AGREEMENT. This document represents the entire integrated agreement between CITY and LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as follows: DATED: CITY by: Mayor ATTEST City Clerk APPROVED AS TO FORM: City Attorney ok RI�A F BA�,DWTN P A,R�K TO: FROM: DATE; CITY OF BALDWIN PARK UI I Y UUUNUIL 98tatNU APR - 4 2007 STAFF R,EPORTg j Honorable Mayor and Members of the City Council Manuel Carrillo, Jr., Director of Recreation and Community Sery s April 4, 2007 SUBJECT: Approval of Facility Use Agreement — Bassett Little League Falliffl-06W2 This report requests City Council approval of a facility use agreement with Bassett Little League for the use of Syhre Park. BACKGROUND/DISCUSSION The City of Baldwin Park owns the property identified as Syhre Park. The property is located on Vineland Avenue south of Walnut Creek Flood Channel along the border of the unincorporated area of the County of Los Angeles (Bassett). The property was donated to the City to be utilized as a youth baseball field on April 2, 1973. Due to the location of the park and the boundaries established for little league, the league primarily serves residents of the Bassett community. Bassett Little League utilizes the field on an annual facility use agreement, since 1973. The City of Baldwin Park and Bassett Little League have entered into a facility use agreement in respect to the following: 1. The public interest will be served by allowing Bassett Little League to use the City owned property identified as Syhre Park for little league activities, including the operation of the snack bar. 2. Bassett Little League shall provide and keep in effect a liability insurance policy naming the City as co- insured in the amount of $1,000,000 and by a company approved by the Director of Recreation and Community Services. 3, Bassett Little League shall provide, operate and maintain, at its sole expense, all equipment, supplies and materials for the operation of a Little League facility. League officials shall provide an annual up to date inventory of all equipment to the Director of Recreation and Community Services. Myi�ocum ents�f.Stafff2 pri0asseflLt.�7 Page Two April 4, 2007 Bassett Little League Facility Use Agreement 4. The term of this agreement shall be for a period of one (1) year, with a one (1) year extension. Either party may, with or without cause, terminate this contract upon giving a thirty (30) days written notice. 5. The Syhre Park facility is available to the general public during the Bassett Little League offseason, which is approximately August through January. Also any other Baldwin Park Baseball Organization approved by the Director of Recreation of Community Services will be eligible to utilize the baseball diamond. The Department will continue to offer seasonal programs at Syhre Park. In addition, the park will serve as much needed open space to the community. 6. Bassett Little League will reimburse the City for the actual cost of lighting the Park (baseball field lights), as determined by bills to the City by Southern California Edison. This action is consistent with the other three baseball organizations in the City. FISCAL IMPACT No fiscal impact, other than routine maintenance regularly performed at other City facilities. RECOMMENDATION Staff recommends that the City Council approve the attached Facility Use Agreement with Bassett Little League and authorize the Mayor to execute the necessary documents. Attachment: Facility Use Agreement Exhibit A MyCccd ments:iStaffRprtBassettLi67 AGREEMENT THIS AGREEMENT, made and entered into this April 4, 2007, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY "), and BASSETT LITTLE LEAGUE (hereinafter "LEAGUE). WITNESSETH The parties hereto do agree as follows: (1) RECITALS: This Agreement is made and entered into with respect to the following facts: (a) That the public interest, convenience and necessity require that CITY obtain a suitable organization and concessionaire for the purpose of operating a little league program, and the food and refreshment facility at the City -owned property known as Shyre Park (hereinafter "Park "); and (b) That LEAGUE desires to enter into this Agreement enabling LEAGUE to provide a little league program and concession services hereinafter referred to by this Agreement; and (c) That LEAGUE is qualified to conduct little league programs and act as concessionaire. (2) NATURE OF ACTIVITY AND CONCESSION: CITY does hereby grant to LEAGUE, and LEAGUE does hereby accept, the exclusive right, privilege and duty to operate a little league program and conduct a concession for the sale of food and refreshments at the Park, at a location to be approved by Director of Recreation and Community Services. The operation of the concession stand shall be limited to servicing LEAGUE activities during the little league season (February 2007 through July 2007), except as provided at Section 13, below. For the purpose of this Agreement, the term "food and refreshments" shall mean and include soft drinks, candy, ice cream, prepared sandwiches, coffee and other miscellaneous items customarily available from operation of the type herein established. LEAGUE is specifically precluded from the dispensing or serving of any food or materials in glass containers to patrons. LEAGUE shall maintain the area around the concession facility in a clean condition at all times. (3) TERM: The term of this Agreement shall be for a period of one (1) year, commencing February 5, 2007, unless sooner terminated as provided herein. Either party hereto, may, with or without cause, upon the giving of thirty (30) days written notice to the other, terminate this Agreement. CITY, not later than ninety (90) days prior to the expiration of said one (1) year period shall, at its sole discretion, have the right to extend this Agreement for an additional period of one (1) year upon the same terms and conditions as set forth herein. (4) RENTAL: For and in consideration of the grant of this concession license and use of the Park, LEAGUE does hereby agree to provide building and field maintenance and utility service on the Park, at a level determined by the members of the CITY'S Department of Recreation and Community Services, as designated by the Director. Maintenance services shall include all labor, materials, equipment and utility costs for the duration of this Agreement. City shall provide lighting of the Park. LEAGUE shall pay City for the actual cost of lighting the Park, as determined by bills to the City by Southern California Edison. LEAGUE shall pay City as follows: March 2007 $300.00 April, 2007 $300.00 May, 2007 $300.00 June, 2007 $300.00 July, 2007 $300.00 TOTAL $1 ,500.00 Payment shall be made to the Department of Recreation and Community Services no later than the tenth (10th) day of each month, commencing March 10, 2007. Should any payment be delinquent, the City shall not be obligated to continue to provide such lighting to the Park. No later than September 1, 2007, City shall provide a written accounting to LEAGUE of the actual amount paid by City to Southern California Edison for providing lighting to the Park for the period of February through July, 2007. If the actual amount charged to the City is less than $1,500.00, City shall refund the difference at the time it provides LEAGUE with the accounting. If the actual amount charged to the City by Southern California Edison exceeds $1,500.00, LEAGUE shall pay the difference to City within ten (10) days following receipt of such accounting. Failure of LEAGUE to pay City the amount as specified herein shall be a material breach of this Agreement. (5) FACILITIES & SERVICES TO BE PROVIDED BY CITY: CITY shall provide a facility (hereinafter referred to as "playing field and concession area ") in substantially the condition as it presently exists for the operation of said activities. The Director of Recreation and Community Services may, upon direction of City Council, cause, at CITY's expense, the playing field and concession area to be relocated at such other location on Shyre Park as may be required in the public interest. (6) LIABILITY: LEAGUE agrees to hold CITY, and its officers, agents and employees, free and harmless from any and all loss, claim, demand or judgment for injury to persons or property caused by LEAGUE's negligent or willful act or omission to act, arising out of its use and occupancy of the 2 concession area, its operations hereunder, and its use of Shyre Park for LEAGUE activities. LEAGUE shall promptly give notice to CITY of any claim or suit instituted or filed against it for any alleged act involving liability of either LEAGUE or CITY, arising out of operation under this Agreement. In order to assure compliance with the foregoing provisions, LEAGUE shall meet all of the insurance requirements as set forth herein. (7) INSURANCE: LEAGUE shall, during the term of this Agreement, provide and keep in effect, naming the CITY as coinsured, liability insurance in amounts and companies as approved by the Director of Recreation and Community Service. Each of the policies of insurance shall bear an endorsement providing for a thirty (30) day notice of cancellation to be given to the Director of Recreation and Community Services, prior to the effective date of such cancellation. Contemporaneously with the execution of this Agreement, LEAGUE shall file an endorsement of insurance with the CITY, reflecting the existence of the above described insurance policies. Should LEAGUE fail to maintain, during each day of the term hereof, the policies of insurance required hereunder, the Director of Recreation and Community Services, at his or her discretion, , may: (a) terminate this Agreement and remove all property of LEAGUE from the concession area, and store the same at LEAGUE's expense; or (b) obtain, at LEAGUE's expense, the required insurance coverage. (8) SIGNS AND ADVERTISEMENTS: No signs or advertising matter of any kind shall be displayed unless and until approved in writing by the Director of Recreation and Community Services. (9) FIXTURES AND EQUIPMENT: LEAGUE shall provide, install and maintain at its sole expense all necessary equipment for the operation of the concession. Any and all such furniture, trade fixtures and appliances shall be approved by the Director of Recreation and Community Services before installation, and shall remain the property of said LEAGUE, and may be removed by LEAGUE at the termination of this Agreement, provided that, if such removal occasions any damage to the premises, the cost of repair shall be borne by LEAGUE. (10) MAINTENANCE: LEAGUE shall be solely responsible for the cost of maintenance of equipment provided by them and all equipment listed on h Exhibit "A" attached hereto. Exhibit "A" shall be an inventory list of assets. Any substantial change in equipment shall require prior approval of CITY. (11) CONTROL AND REPAIR OF PREMISES: Not withstanding section 4 herein, CITY shall have full and absolute control of the Park, and all buildings, and all appurtenances thereto during the term of this Agreement and shall have the right to make changes and alterations therein in the surrounding grounds as may be determined by said CITY in its sole discretion. (12) FOOD AND BEVERAGE PRODUCTS: All food, drinks, beverages, confectioneries, refreshments, etc., sold or kept for safe by LEAGUE shall be of the highest quality. The prices to be charged therefore shall be uniform at all times and seasons, and shall be equal to prices charged in similar establishments in the neighborhood. No imitation, adulterated, mis- branded or impure articles shall be sold or kept for sale by LEAGUE, and all merchandise kept on hand by said LEAGUE shall be stored and handled with due regard for public health and sanitation. LEAGUE shall comply withal health and safety statutes, regulations, ordinances and standards in connection with the furnishing of food and beverages under this Agreement. CITY shall have the right CITY shall have the right to order the improvement of the quality of any merchandise to adequately serve the public. (13) DAYS AND HOURS OF OPERATION: From the months of February 2007 through July 2007, LEAGUE shall keep the concession open in accordance with the following schedule: (a) During all organized programs under jurisdiction of the LEAGUE, scheduled by LEAGUE. (b) For additional special activities approved in advance by the CITY. The Director of Recreation and Community Services shall have the sole discretion to modify the above schedule of operations upon the request and showing of good cause by LEAGUE. (14) LEAGUE shall at all times conduct its business in a professional and orderly manner. (15) LAWS AND ORDINANCES: LEAGUE shall conduct its business in accordance with all the laws, ordinances, rules and regulations applicable to such business as set forth by the CITY, County, State and Federal Government, including, but not limited to, the Baldwin Park Municipal Code, as the same now exists, or as the same may be in the future. 4 (16) PERMITS AND LICENSES: LEAGUE shall be required to obtain any and all permits or licenses that may be required by law in connection with the operation of the concession. (17) TAXES: LEAGUE, as additional rental, shall promptly pay all taxes which may be lawfully levied upon all property, real or personal, including, but not limited to, any possessory interest tax involved in the operation hereunder. (18) VENDING MACHINES: LEAGUE shall first obtain approval from the Director of Recreation and Community Services before installing, or permitting to be installed, any vending machines of any kind. (19) RIGHT OF ENTRY: CITY, its authorized representative, agents and employees, shall have the right to enter upon the playing field and concession area at any and all reasonable times during the term of this Agreement for the purpose of inspection to determine whether or not LEAGUE is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of CITY. (20) CLEANLINESS: LEAGUE shall keep the playing field, concession area and parking lot clean, sanitary and graffiti free at all times to satisfaction of CITY, and in compliance with the regulations of the County Health Department. (21) USE: LEAGUE shall not assign any rights relating to this Agreement or allow the playing field and concession area to be used or occupied by any other person for any purpose without the prior written consent of the Director of Recreation and Community Services; nor shall LEAGUE assign this Agreement nor convey any of the rights or privileges hereunder granted, without the prior written consent of the Director of Recreation and Community Services. If such assignment, by process of Court or otherwise, is attempted, or in the event of the insolvency or bankruptcy, either voluntary or involuntary, of LEAGUE, CITY may, at its sole option, terminate and cancel said Agreement, in which event all rights of LEAGUE hereunder shall immediately cease and be terminated. (22) UTILITIES: During the term this Agreement is in effect, LEAGUE shall have the right to obtain adequate service from CITY's storm water drainage system and sewerage facilities, but shall acquire no title thereto. LEAGUE shall have the right to request and receive at its own expense, illuminating, heating or industrial gas, electrical services, telephone services, and all other utility services subject to the customary rules and regulations of such utility companies, whether the companies deliver such services directly through their own conduits or pipes, or through conduits and pipes owned by CITY. (23) SURRENDER OF POSSESSION: LEAGUE agrees to yield and deliver to CITY possession of the Shyre Park concession area at the termination 5 of this Agreement in good condition and in accordance with the express obligations hereunder, except for reasonable wear and tear, subject to the provisions of this Agreement with respect to removal by LEAGUE of certain property upon such termination, and shall execute and deliver to CITY a good and sufficient document of relinquishment, if and when requested. (24) WAIVER OF CLAIMS: LEAGUE hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency or impairment of the water system, drainage or heating systems, gas mains, electrical apparatus or wires furnished for the premises covered by this Agreement which may occur from time to time from any cause or for any loss resulting from water, tornado, civil commotion or riot; and LEAGUE hereby expressly releases and discharges said CITY from any and all demands, claims, actions and causes of action from any of the aforesaid causes. (25) SUCCESSORS: This Agreement shall bind and inure to the benefit of any successor of CITY and any successor or assignee of LEAGUE, provided that the same is first approved by CITY. (26) NOTICES: All notices required to be given under the terms of this Agreement shall be given by United States mail, postage prepaid, addressed as follows: CITY: (a) Director of Recreation and Community Services City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 LEAGUE: (b) Frank Villanueva, President Bassett Little League P.O. Box 2217 La Puente, CA 91746 (27) TIME: Time is of the essence on this Agreement. 6 IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed on the day, month and year f=irst above written:3:- APPROVED AS TO FORM City Attorney City Clerk CITY OF BALDWIN PARK Im Manuel Lozano, Mayor By; Frank Villanueva, President Bassett Little League 7 Exhibit A Bassett Little League Syhre Park Youth Baseball Field 1209 Vineland Avenue La Puente, CA 91746 (626) 337 -0300 Equipment Inventory Item Count 1 1 1 1 Equipment Electric Fryer Star 510E ' Sparklettes Coffee Machine Star Food Warnmer Realistic MPA -95 amplifier Model # #510F #8543 #3WLA4H #32 -2035 Serial # #510 -05185 1 #12CO531 #3A007528 #92802105 1 ; Toro Power Sweeper (Blower #210079971 #51586 1 3 Charbroil Master Flame Bar -b -clue #4638013 #001 198798 1 J.C. Penny Microwave Oven #5910 -00 -30 #05154622 1 Beverage Air Small Refrigerator #UR30GE 3 #NSF141485 1 Dog -e -roo Hot Dog Machine #8002 #87 -01082 1 American Permanent Ware Co. Hot Dog Machine #DR18 #98027495 1 3 x 6 Particle Board Table wlfolding Legs NIA N/A 1 Casio PCR -260 Cash Register #PCR -260 90209038 1 Merco Lam Warmer #A19174 #B -2 1 General Electric Solid State Record Player 33 rpm/45 rpm i N/A NIA 1 Sakar Phone # GXACHN #25749 -TE -E W Pt)ocs,l0iiicitBasscttlnvenwry APR - 4 2007 dk F BALDWIN P A, R- K CITY OF BALDWIN PARK TO: Honorable Mayor and City Council Members FROM: 5KEdward Lopez, Chief of Police DATE: April 4, 2007 TARM SUBJECT: INFORMATIONAL REPORT TO CITY COUNCIL CONCERNING THE STATIONING OF A CROSSING GUARD AT ELWYN ELEMENTARY SCHOOL PURPOSE The purpose of this report is to provide City Council with information concerning a crossing guard near Elwyn Elementary School at the intersection of Waco Street and Cosbey Avenue. Council made the request at the regular meeting of the City Council on March 21, 2007. BACKGROUND/DISCUSSION At recent City Council meetings members of the public have requested the services of a crossing guard in front of Elwyn Elementary School to assist students with crossing the street. The intersection in front of the school, Waco Street and Cosbey Avenue, has existing crosswalks. Elwyn Elementary has 617 students and as a result, this area has a high volume of pedestrian traffic associated with the school. All -City Management Services, Inc. ( "The Crossing Guard Company') and police staff have confirmed that this intersection is heavily traveled during school hours by pedestrian and vehicular traffic. A crossing guard at this intersection would increase the safety of students walking to and from school. The staffing of a crossing guard at Elwyn Elementary School for the remainder of the FY 2006107 would cost $2,314.13. The subsequent school year would cost $9,325.36. It should be noted that All City Management Services, Inc. is increasing their rates effective July 1, 2007.' Council budgeted $218,000.00 in General Fund Account 100.27.5000 to pay All -City Management for crossing guard services for FY 2006107. To date there are savings in General Fund Account 100.27.5000 that could be used to pay for a crossing guard at Elwyn Elementary School for the remainder of FY 2006107. These savings of about $18,000.00 were made possible because of the elimination of crossing guards at Pacific Ave./Big Dalton Ave. and Maine Ave. /Hallwood Dr. during the current school year. (This was a result of traffic signals being installed at these locations). 1 Refer to Attachment A FISCAL IMPACT The staffing of a crossing guard at Elwyn Elementary School would not negatively impact the General Fund as sufficient funds are available in General Fund Account 100.27.5000 to pay for this expense in its FY 2006/07 budget. RECOMMENDATION Staff recommends that the City Council provide staff with further direction concerning this matter. ATTACHMENTS A All City Management Services, Inc. pricing letter ➢ Cost Analysis ➢ Photograph of crosswalk at Elwyn Elementary School Page 2 of 2 TvC 135 March 16, 2007 Sergeant Joe Cowan City of Baldwin Parr 14403 East Pacific Avenue Baldwin Paris, CA 91706 Re: Crossing Guard Services Amendment Dear Sgt. Cowan: We recently forwarded a letter informing you of our pending Dourly Billing Rate increase for the 2007 -2008 fiscal year. Should our pricing be acceptable, we have taken the liberty of forwarding two (2) partially executed Amendments to your Contract. After the necessary signatures have been affixed, please send us an original for our records. Thanks again. Sincerely,; r ar arwe , General M:ana er Enclosures "The Cg- oaging Guard Ca parry q 1749 S. La Cienega Blvd. ® Los Angeles, CA 90035 ® 310- 2028284 . 800 -540 -9290 . FAX 310- 202 -8325 L M W i ..irr featly Sce i3a. VFW. 1 Crossing Guard $10.89 4.25 50 $2,314.13 This total is based on the rate for fiscal year 2006 -2007 and includes the number of school days left in the 2006 -2007 school year from April 4, 2007 through the end of the school year. ..,� 1 Crossing Guard $1119 425 180 $9,325.35 This yearly total is based on the rate starting fiscal year July 1, 2007 Attachment B L: :. U I Y UU NG11- AGENDA APP A94 CITY OF BALDWIN PARK ST F REPO B_ALDWIN P , A , R, K TO: Honorable Mayor and Members of the City Council i THROUGH: Vijay Singhal, Chief Executive Officer FROM: Stephanie R. Scher, City Attorney Joseph W. Pannone, Commission General Counsel DATE: April 4, 2007 SUBJECT: Community Development Commission Program for use of Eminent Domain, Ordinance No. 1303 PURPOSE: The purpose of this staff report is to recommend the City Council introduce, :.for first reading; an ordinance to comply with Health and Safety Code section 33342.7 relating to the Community Development Commission's use of eminent domain to acquire property. BACKGROUND: On January 1, 2007, Health and Safety Code section 33342.7, which was adopted by the State Legislature last year, became effective. That section requires every community with a redevelopment plan that was adopted prior to January 1; 2007, to adopt an ordinance describing the agency's program to acquire real property by eminent domain. That ordinance must be adopted on or before July 1, 2007. The Central Business District Redevelopment Plan for the CBD Project Area was adopted on February 3, 1982. The Baldwin Park Merged Redevelopment Plan for the San Gabriel River Project Area, Puente Merced Project Area, West Ramona Boulevard Project Area, Delta Project Area and Sierra Vista Project Area was adopted on April 26, 2000. DISCUSSION The general counsel for the Community Development Commission of the City of Baldwin Park ( "Commission ") has prepared an ordinance to comply with Section 33342.7. That ordinance does not change the Commission's current program for use of eminent domain. Last year, the State Legislature also amended Health and Safety Code section 33373. That amended section also became effective on January 1, 2007. It requires the Commission to re-record with the Los Angeles County Recorder a description of the land within the Sierra Vista and Central Business District Redevelopment Project Areas and a statement that proceedings for the redevelopment of those Project Areas have Introduction of Ordinance fro. 1303 Re Eminent Domain April 4, 2007 Page 2 of 2 been instituted. In addition, pursuant to subsection (b) of section 33373, that statement must now include the following- (1 ) a prominent heading in boldface type noting the property that is the subject of the statement is located within a redevelopment project, (2) a general description of the provisions of Ordinance No. 1303, and (3) a general description of any limitations on the use of the power of eminent domain contained in the applicable redevelopment plans, including, without limitation, the time limit for its use. That statement must be recorded on or before December 31, 2007; and pursuant to that new law, the Commission cannot commence an eminent domain action until it has been recorded. Staff will file the statement with the Los Angeles County Recorder as soon as the ordinance recommended for introduction by this report becomes effective, which will be 30 days after its adoption. FISCAL IMPACT None if the ordinance is adopted, except for any possible fees for legal services required for the preparation of this report, the ordinance and the recorded document and any fees related to the document being delivered to and recorded. by the Los Angeles County Recorder. If the ordinance is not adopted, then the City and Commission could experience significant loss of potential future revenue as a result of the Commission not having authority to acquire property by eminent domain for redevelopment, which is a useful tool for implementing the community's continuing efforts to eliminate blight and revitalize the City through its redevelopment program. RECOMMENDATION. It is recommended the City Council introduce Ordinance No. 1303 for first reading by title and direct staff to record all necessary statements with the Los Angeles County Recorder. ATTACHMENTS: Exhibit "A" — Ordinance No. 1303 Exhibit #A Ordinance No. 1303 CITY OF BALDWIN PARK ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DESCRIBING THE PROGRAM FOR THE USE OF EMINENT DOMAIN BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK (THE "CDC ") WHEREAS, Section 33342.7 of the California Health and Safety Code became effective on January 1, 2007; WHEREAS, the Central Business District. Redevelopment Plan ( "CBD Plan ") and Merged Redevelopment Plan ( "Merged Plan ") were adopted before January 1, 2007; WHEREAS, the project areas governed by the Merged Plan are the: San Gabriel River Project Area - Puente Merced Project Area - West Ramona Boulevard Project Area - Sierra Vista Project Area - Delta Project Area WHEREAS, pursuant to Section 33342.7 of the California Health and Safety Code, the City Council is required to adopt an ordinance on or before July 1, 2007, describing the CDC's program to acquire real property by eminent domain (the "Program ") for any redevelopment plan adopted before January 1, 2007; WHEREAS, the Program permits the CDC to use eminent domain to acquire real property, except (i) real property in the San Gabriel River Project Area, Puente Merced Project Area, West Ramona Boulevard Project Area and Delta Project Area components of the Merged Plan and (ii) real property legally used for residential purposes in the Central Business District Project Area of the CBD Plan; and WHEREAS, this ordinance does not change the Program as it currently exists and is implemented. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: Section 1. The Program to acquire real property by eminent domain is as follows: a. The CDC shall comply with all applicable law in acquiring real property by eminent domain, and 01067/00122/48463.01 b. The CDC may use the power of eminent domain to acquire any real property, except (i) real property in the San Gabriel River Project Area, Puente Merced Project Area, West Ramona Boulevard Project Area and Delta Project Area components of the Merged Plan and (ii) real property legally used . for residential purposes in the Central Business District Project Area of the CBD. Section 2. 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. APPROVED, and ADOPTED this ATTEST: day of , 2007. Manuel Lozano, Mayor 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 ordinance 1303 was introduced at a regular meeting of the City Council held on 2007, and was adopted by the City Council at its regular meeting held on 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Gutierrez, CMC Chief Deputy City Clerk 01067/0012/48463.01 CITY COUNCIL AGENDA APR - 4 2007 RESOLUTION NO. 2007 -022 ITEM Na. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF SB 120 — NUTRITIONAL INFORMATION ON MENUS & MENU BOARDS WHEREAS, obesity rates in adults doubled over the last twenty years - currently, two - thirds of American adults (65 %) are overweight or obese and the percentage of seriously overweight children tripled in the past two decades (from 4% to 15 %); and WHEREAS, obesity is a major risk factor for many health problems, including heart disease, which is the leading cause of death in the United States, diabetes, and some cancers; and WHEREAS, since 1994, pursuant to the Nutritional Labeling and Education Act (NLEA), food manufacturers have been required to provide nutritional information on nearly all packaged foods. However, the NLEA explicitly exempts restaurants; and WHEREAS, in 1970, Americans spent just 26% of their food dollars on foods prepared outside the homes, like restaurant meals; today the amount is 46 %; and WHEREAS, at most restaurants, people can only guess the nutritional quality of the food. Larger portions, higher calories and fat and lack of nutritional information have become a huge problem for the health of today's Americans; and WHEREAS, studies have found a positive association between eating out and higher caloric intakes and body weights. For example, children eat almost twice as many calories when they eat a meal at a restaurant (770 calories) as at home (420 calories); and WHEREAS, recognizing the need for consumers to have the information they need to make healthier choices when eating out, State Senator Alex Padilla (Pacoima) has introduced SB 120; and WHEREAS, SB 120 would require chain restaurants with 10 or more outlets in California to provide nutritional information per item on printed menus and menu boards; and WHEREAS, SB 120 is an important step in giving consumers the information they need to make healthier food choices. Consumers have the right to know the nutritional content of restaurant meals. Resolution 2007 -022 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: Section 1. On behalf of the citizens of the City of Baldwin Park, we hereby express our support of SB 120, Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to the California legislature. Section 3. That this resolution shall become effective immediately upon passage and adoption. PASSED, APPROVED AND ADOPTED this day of 2007. MANUEL LOZANO MAYOR 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 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the day of , 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK AGENDA COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING APRIL 4, 2007 7.00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Marlen Garcia - Vice Chair Anthony J. Bejarano - Member David J. Olivas - 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. COMEIJTARIOS 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 jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el perfodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A calla persona se /e permite hablar por cinco (5) minutes. Hayun interprete para su conveniencia. Community Development Commission Agenda — April 4, 2007 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Vice -Chair Marlen Garcia 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 §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar action en algun asunto a menos que sea incluldo en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en consideration 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. MINUTES Staff recommends Commission approve the minutes of the March 21, 2007 meetings (Regular). 2. CONFLICT WAIVER RELATING TO THE CITIES OF IRWINDALE AND BALDWIN PARK (Related Item - City Council Agenda Item #6) Staff recommends Commission authorize the Executive Director to execute the Letter of Agreement — Conflict Waiver Relating to the Cities of Irwindale and Baldwin Park on behalf of the City of Baldwin Park and the Community Development Commission of the City of Baldwin Park. Community Development Commission Agenda — April 4, 2007 Page 2 3. THREE -PARTY CONSULTANT SERVICES AGREEMENTS WITH BISNO DEVELOPMENT, GRC REDEVELOPMENT CONSULTANTS (GRC) AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) Staff recommends Commission approve the Three -Party Consultant Services Agreements with Bisno Development and GRC for Redevelopment Plan Amendment Services; and Bisno Development and Environmental Science Associates (ESA) for Environmental Consulting Services related to the downtown revitalization project, and authorize the Chairman to execute the Agreements. ADJOURNMENT CERTIFICATION I Rosemary M. Gutierrez, Chief 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 29th day of March, 2007. Rosemary M. Gutierrez Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2'd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e -mail at rutierrez{ rbaldwin park. com or Inieto(cDbaidwinoark.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 11) Community Development Commission Agenda — April 4, 2007 Page 3 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISISON MINUTES UUMMUNITY DEVELOPMENT COMMISSION AGENDA APR - 4 2007 WEDNESDAY, MMqwll 21, 2001 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park Manuel Lozano, Chair David J. Olivas, Vice Chair Anthony J. Bejarano, Marten Garcia, Ricardo Pacheco Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISISON of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Olivas, Member Pacheco, Vice Chair Garcia, Chair Lozano. Absent: Member Bejarano. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Public Works Director, Chief Lopez, Marie Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary Gutierrez, Chief Deputy City Clerk. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 - 2 as presented and as follows: Moved by Member Olivas, seconded by Member Pacheco. 1, WARRANT AND DEMANDS Commission received and filed the report. 2. MINUTES Commission approved the minutes of the February 7, 2007 meeting (Regular) and the March 7, 2007 meetings (Regular & Special). Pagel of 2 The following item was pulled by Mayor Lozano for separate discussion. 3. 'APPROVAL OF EXCLUSIVE NEGOTIATION AGREEMENT WITH NEWMARK MERRILL COMPANIES, LLC FOR A POTENTIAL 14 -ACRE RETAIL DEVELOPMENT AT FRANCISQUITO AVENUE AND GARVEY AVENUE Motion: A motion was made to table this item indefinitely. Moved by Chair Lozano, seconded by Member Pacheco. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:15 p.m. Approved as presented by the Commisison at their meeting held April 4, 2007. Laura M. Nieto Deputy City Clerk Page 2 of 2 :• 1 P • A - R- K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION AGENDA APR ° 4 2007 ITEM NO._2iL--. AGENDA STAFF REPORT Honorable Mayor and City Council Members Honorable Chair and Community De o ment Commission Members An Rosemary M. Gutierrez, Chief Deputy City April 4, 2007 Conflict Waiver Relating to the Cities of Irwindale and Baldwin Park This report requests the City Council to approve a Conflict Waiver relating to simultaneous representation of the Cities of Irwindale and Baldwin Park by Aleshire & Wynder, the City Attorney's new law firm. BACKGROUND DISCUSSION The City Attorney, Assistant City Attorney, and City /CDC condemnation counsel recently moved to the law firm of Aleshire & Wynder, LLP ( "A &W "). This firm has represented the City of Irwindale for several years. Because the cities are geographically contiguous, potential conflicts of interest may arise in the future relative to representation of the cities. The Rules of Professional Conduct of the State Bar of California require that before an attorney may concurrently represent two or more clients in the same subject matter, or represent clients in different matters where their interests may conflict, the attorney must inform the clients in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the clients. The Rules of Professional Conduct also require that when the clients' interests potentially conflict, the attorney may not represent them without informed written consent. The purpose of the Letter of Agreement, Exhibit "A" attached, is to document that Irwindale and Baldwin Park will be giving informed written consent to joint representation subject to the provisions outlined on Exhibit "A ", which have been developed to avoid any true conflict. A &W Conflict Waiver April 4, 2007 Page 2 Disclosure, as defined in the Rules of Professional Conduct Rule 3-310, requires that A &W suggest to the cities the circumstances which might arise involving conflicts between the two clients. Accordingly, A &W has listed several situations which could arise for your consideration- 1 ) Both cities are involved in a regional issue such as storm water issues, where for various reasons, they have different positions; 2) Both cities are involved in a regional body such as Contract Cities, the Joint Powers Insurance Authority, or otherwise, where they have different positions; 3) One city takes a position on state legislation not consistent with the desire of the other; 4) One city is pursuing economic development and negotiates with a developer who might alternatively consider a site in the second city; 5) One city offers services to the other through a contract, such as a jail contract; 6) One city is constructing public improvements such as street or sewer improvements which would service or affect the other city; 7) One city is considering a development project which will have physical impacts beyond the boundary of the approving city, and the other city is commenting on the project through the environmental review process or otherwise In any of the above situations, one or the other of the cities, or both, might seek legal advice from its City Attorney. The Rules of Professional Conduct do not prohibit the providing of such advice, even to both parties, if the clients are informed of the potential for adverse consequences. At the present time, the City Attorney is not aware of any reasonably foreseeable adverse consequences to the cities, with respect to A &W representing the cities in these types of matters. By the Letter of Agreement, however, A &W is suggesting a process to be followed by the two City Attorneys in the event the above or similar situations arise to assure there are no adverse consequences to continued representation. Without revealing confidential client information, they will keep each other informed of projects which may affect the other city and the informed City Attorney will then share the information with their City Manager. if the City Manager sees no likelihood of conflict between the cities, he may approve the matter. If he sees a possibility of conflict, the matter will be presented in closed session for the consideration and approval by the City Council of each city. In those situations where an actual conflict of interest between the cities arises, including the potential institution of legal action by and among the various cities with respect to these or related issues, A &W will withdraw from representing all of the cities in the matter which constitutes the actual conflict of interest, provided the withdrawal is permitted under the Rules of Professional Conduct of the State Bar of California and will also assist the cities in each obtaining outside legal representation. A &W Conflict Waiver April 4, 2007 Page 3 RECOMMENDATION Staff recommends City Council authorize the Chief Executive Officer /Director to execute the Letter of Agreement — Conflict of Waiver Relating to the Cites of Irwindale and Baldwin Park on behalf of the City of Baldwin Park and Community Development Commission of the City of Baldwin Park. Attachment(s) ® Exhibit "A" - Letter of Agreement / Conflict Waiver A LESITYRE WYNDEF, LLP kc'I`nRN'L'Y5 A'l' LAW www.awattorneys.coIn Honorable Mayor and Members of the City Council Vijay Singhal, Chief Executive Officer/ Executive Director City of Baldwin Park/Community, Development Commission of the City of Baldwin Parr 14403 East Pacific Avenue Baldwin Park, California 91706 . . Letter of Agreement MAR 1 9 2007 A P0," u EMAIL. sscher @awaifarneys.com March 16, 2007 Honorable Mayor and Member of the City Council City of Irwindale 5050 N. Irwindale Avenue Irwindale, California 91706 Re: Conflict Waiver Relatingo t11e Cities of Irwindale and Baldwin Park Dear Mayor and Members of the City Council'. 1.515 W. 190th Z=t Suite 565 Gardena: California 9D428 Phone 310.527.6660 Fax 310.532.7395 orange County office: 18881 von Karman Avenut Sane 4oa Irvine, California 92612 Phouc 949.223.1170 R 949.223.[ 180 David Aleshire has represented the City of Irwindale and its Redevelopment Agency (collectively "Irwindale ") as City Attorney and Agency Counsel since 1996. Stephanie Scher has represented the City of Baldwin Park and its Community Development Commission (collectively "Baldwin Park ") as City Attorney and Agency Counsel since 2003. In 2003 David Aleshire and William Wynder formed the firm of Aleshire & Wynder, now consisting of some 20 lawyers with various specialties. In January 2007, Stephanie Scher and several of her coil agues from K n =e Ballmer & Berk-man Joined Aleshire &. 1��ynder as Partners. Irwindale and Baldwin Park (collectively, the "Governmental Clients ") have accordingly each retained the Iaw firm of Aleshire & Wynder, LLP ( "A &W ") to provide legal advice pertaining to general legal services as city attorney and general counsel, (hereinafter referred to as "this Engagement "). Because the Governmental Clients are geographically contiguous, we would like to inform you of potential conflicts of interest that may arise in the future relative to our representation of the Governmental Clients and obtain your consent to concurrent representation in ongoing matters with the express understanding that either Client may withdraw this approval and require that special representation be obtained as stated herein. The Rules of Professional. Conduct of the State Bar of California require that before an attorney may concurrently represent two or more clients in the saane subject matter, or represent clients in different matters where their interests may conflict, the attorney must inform the clients in writing of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the clients. The Rules of Professional. Conduct also require that when the 01067100011485 05.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Parr March 14, 2007 Page 2 clients' interests potentially conflict, the attorney may not represent them without informed written consent. By signing this letter agreement, the Governmental Clients will be giving informed written consent to joint representation. subject to the provisions herein. We believe that certain situations could arise where informed written consent is required. We would like to summarize the applicable relies. "Rules of Professional Conduct Rule 3 -310, Avoiding Representation of Adverse Interests A) For purposes of this rule: (1) 'Disclosure' means informing the client or former client of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to the client or former client; (2) 'Informed written consent' means the cli'ent's or former client's written agreement to the representation following written disclosure; (3) 'Written' means any writing as de fined in Evidence Code section 250. (B) A member shall not accept or continue representation of a client without providing written disclosure to the client where: (l) The memher has a legal, business, ,financial., professional, or personal relationship with a party or witness in the same matter; or ... (C) A member shall not, without the informed written consent of each client: (l) Accept representation of more than one client in a matter in which the interests of the clLeriEs po el'�tially= co??,gict, or (2) Accept or ccnt:nux r epresc_�!ation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. " The above rules are interpreted by the State Bar as follows; "Subparagraphs (C) (1) and (C) (2) are intended to apply to all types of legal employment, including the concurrent, representation of multiple parties in litigation or in a single transaction or in some other common enterprise or legal relationship. Examples of the latter include the formation of a partnership for several partners or a corporation for several shareholders, the preparation of an ante - nuptial agreement, or joint or reciprocal wills for a husband and wife, or the resolution of an 'uncontested' marital dissolution. In such situations, for the sake of convenience or economy, the parties may well prefer to employ a single 0106710001148505.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Park March 14, 2007 Page 3 counsel, but a member must disclose the potential adverse aspects of such multiple representation (e.g., Evid. Code, ,962) and must obtain the informed written consent of the clients thereto pursuant to subparagraph (C)(1). Moreover, if the potential adversity should become actual, the member inust obtain the further informed written consent of the clients pursuant to subparagraph (C) (2). Subparagraph (C)(3) is intended to apply to representations of clients in both litigation and transactional matters. " Disclosure, as defined above, requires that we suggest to the Governmental Clients, circumstances which might arise involving conflicts between the two clients. Accordingly, we would like to raise several situations which. could arise for your consideration: 1) Both cities are involved in a regional issues such as storm water issues where for various reasons they have different positions; 2) Both cities are involved in a regional body such as Contract Cities, the Joint Powers Insurance Authority, or otherwise, where they have different positions; 3) One city takes a position on state legislation not consistent with the desire of the other; 4) One city is pursuing economic development and negotiates with a developer who might alternatively consider a site in the second city; 5) One city off?.rs services to the other throLigh a contract, surh`as a jail contract; 6) One city is constructing public improvements such as street or sewer improvements which would service or affect the other city. 7) One city is considering a development project which will have physical impacts beyond the boundary of the approving city, and the other city is commenting on the project through the environmental review process or otherwise. 01067/0©01/48505.44 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Park March 14, 2007 Page 4 In any of the above situations, one or the other of the Governmental Clients might seek legal advice from its City Attorney. At the present time, we are not aware of any reasonably foreseeable adverse consequences to the Governmental Clients, with respect to A &W representing the Governmental Clients in this Engagement. In fact, to our knowledge, in the last 10 years of the representation of these clients, an extremely harmonious relationship has been maintained among all these entitles and there has not been any litigation nor even the threat of litigation among these parties. However, it should be recognized that potential issues or situations may arise during this Engagement, as suggested above where the interests of the Governmental Clients may become adverse. By this letter, we would like to suggest a process to be followed by the two City Attorneys in the event the above or similar situations arise. Without revealing confidential client information, they will keep each other informed of projects which may affect the other Governmental Client and the informed City Attorney will then share the information with their City Manager. If the City Manager sees no likelihood of conflict between the Governmental Clients, he may approve the matter. If he sees a possibility of conflict, the matter will be presented in closed session for the consideration and approval by the City Council of each Governmental Client. In those situations where an actual conflict of interest between the Governmental Clients arises, including the potential of the institution of legal action by and among the various Governmental Clients with respect to this Engagement or related issues, A &W will withdraw from representing all of the Governmental Clients in the matter which ),constitutes the actual conflict of interest, provided the withdrawal is pern:nitted under %L- ales of Professional Conduct of the State Bar of California and will assist the Governmental Clients in each obtaining outside legal representation. We appreciate that this conflict issue has not arisen from any action by either City. There are a number of adjacent cities in Southern California which share the same firm,. as City Attorney. Where these relationships are carefully handled, we are not aware of adverse consequences which have arisen in these other jurisdictions. Nevertheless, the potential for conflict requires careful monitoring. We appreciate our clients' support. We do believe that the additional expertise available to each Governmental Client from the growth of the Firm will be beneficial to them. C)1067/0001/48505.04 Honorable Mayor and Member of Conflict Waiver Re: Irwindale and Baldwin Park March 14, 2007 Page 5 If the waiver of the conflicts described above is acceptable to you, then please sign this letter where indicated below and return a signed copy to me for our files. If you have any questions, please feel free to give us a call. Very y Ll my yours, , ALESHIRE & WYNDER, LLP i David J. Ales 'r Stepha4i ,Scher JWP /sgc ACKNOWLEDGED AND AGREED TO ON BEHALF OF TIC CITY OF BALDWIN PARK AND CONIMUTITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK Dated: 2007 Vijay Si.n.ghal, Chief Executive Officer/ Executive Director ACKNOWLEDGED AND AGREED TO ON BEHALF OF THE CITY OF IRWINDALE AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF IRWINDALE Dated: 2407 Agency Director 01067/0001/48595.04 City Manager/ COMMUNITY DEVELOPMENT GOMMISSION AGENDA 1 COMMUNITY DEVELOPMENT COMMISSION STAFI�"Jo 007 ITEM N0, BALDWIN P A - R, K TO: Honorable Chairman and Members of the qommission FROM: Vijay Singhal, Executive Director DATE: April 4, 2007 77 111 SUBJECT: Three -Party Consultant Services Agreements with Bisno Development, GRC Redevelopment Consultants (GRC) and Environmental Science Associates (ESA). PURPOSE: The purpose of this staff report is to recommend the Community Development Commission ( "Commission ") approve three -party Consultant Services Agreements with 1) Bisno Development and GRC for redevelopment plan amendment services and 2) Bisno Development and ESA for environmental consulting services, in relation to the downtown revitalization project. BACKGROUND: On February 7, 2007, the Commission approved an amendment to the Exclusive Negotiation Agreement (ENA) with Bisno Development Co. LLC (developer), which was originally approved December 6, 2005, for the potential revitalization of the Downtown as an urban village with pedestrian friendly mixed -uses, including entertainment, restaurant, shopping and residential. The amended ENA provided an accelerated project timeline, specifically the timeline relating to the public input, and preparation of environmental analysis (CEQA) and all required General Plan, Zoning and the Redevelopment Plan amendments. The three -party agreements would allow the Commission and potential developer to initiate, as part of the extensive public outreach that has already begun, the review and preparation of required General Plan, Zoning and Redevelopment Plan amendments, as well as required CEQA review. That review will assist with establishing needed mitigation measures to reduce potential impacts and concurrently process blight studies in order to comply with new redevelopment regulations. GRC and ESA — Consultant Agreements April 4, 2007 Page 2 of 3 DISCUSSION: Due to the limited number of staff and other responsibilities assigned to that staff, the Commission will need assistance from consulting firms for applicable land use and redevelopment plan amendments and for CEQA environmental services for the review and processing of the proposed downtown revitalization project. Pursuant to the ENA, the developer has agreed to pay for those services. Based upon the developer's experience and established working relationships, they have selected and recommended to work with the reputable firms of GRC and ESA for redevelopment plan amendment services and environmental consulting services, respectively. The Commission has also. worked with GRC on previous and most.recent redevelopment plan amendments. GRC has been involved with the preparation of redevelopment plans and plan amendments for the past 20 years, and has successfully completed over 200 redevelopment projects, amendments and implementation plans. GRC is known for being responsive to the .needs of its clients both through personalized service and attention to detail. ESA is.a multidisciplinary firm whose services include the preparation of Environmental Impact Reports (EIR), and feasibility and site selection studies, and related documents required by CEQA. Since ESA's inception in 1969, they have prepared more than 5,000 environmental documents in compliance with CEQA, National Environmental Protection Act, Clean Air Act, Clean Water Act, and other local, state and federal environmental requirements. Staff and the developer have met with representatives of GRC and ESA in order to discuss the proposed project scope and timelines. Staff and the developer have reviewed the proposals and firm qualifications of GRC and ESA and believe they meet the needs of the Commission and developer. The total contract price for each consulting firm, including sub - consultant costs, is as follows: Firm Contract Price GRC Redevelopment Consultants (GRC) $ 166,350 Sub - Consultant: Keyser Marston Associates 12,600 Contract Total $ 178,950 Environmental Science Associates (ESA) $ 392,993 Sub - Consultants: Linscott, Law & Greenspan $ 630,751 California Environmental $ 91,368 Hamilton, Rabinovitz, & Alshuler $ 65,262 Contract Total $1,180,374 The developer will be responsible to pay for the services provided by the proposed consultants. GRC and ESA — Consultant Agreements April 4, 2007 Page 3 of 3 As detailed in GRC's Schedule, Exhibit "B" of the agreement, the proposed redevelopment plan amendment process will require the formation of a Project Area Committee (PAC). The developer has requested GRC to provide the following timeline with the PAC formation and will include the following actions. • City Council calls for election of a PAC - August 8, 2007 • PAC Election Meeting - October 11, 2007 • First PAC Meeting - November 28, 2007 • Last PAC Meeting - March 31, 2008 FISCAL IMPACT: The developer will be responsible to pay for the services provided by the proposed consultants. The developer is required to provide: a good faith deposit and increase that deposit, as described in the ENA. Those moneys will be used by the Commission to pay?for services provided by the consultants, in accordance with Exhibit C of the attached three -party agreements. RECOMMENDATION: Staff recommends the Community Development Commission approve the attached Three -Party Consultant Services Agreements with Bisno Development and GRC for redevelopment plan amendment services and Bisno Development and ESA for environmental consulting services, related to the downtown revitalization project, and authorize the Chairman to execute the Agreements. ATTACHMENTS: Attachment "A" — Three -Party Consultant Agreement — GRC Attachment "B" — Three -Party Consultant Agreement — ESA Staff Report prepared by Melecio Picazo, Acting Redevelopment Manager Attachment # A Three -Party Consultant Agreement - GRC THREE -PARTY CONSULTANT AGREEMENT With GRC for Redevelopment Plan Amendment Consultant Services THIS AGREEMENT is made and entered into by and among the Community Development Commission of the City of Baldwin Park, a public body, corporate and politic, (hereinafter referred to as "CDC "), Bisno Development Company LLC, a California limited liability company (hereinafter referred to as "DEVELOPER ") and GRC Redevelopment Consultants, Inc., a California corporation (hereinafter referred to as "CONSULTANT"). WHEREAS, CDC and DEVELOPER entered into that certain revised exclusive negotiation agreement dated. February 7, 2007, (the "ENA ") for public participation, the proposed design, entitlement processing and the potential development of a downtown village project in the 125 -acre area described in the ENA (hereinafter referred to as the "PROJECT "); WHEREAS, in order for CDC to be able to review and proceed with all necessary actions required as a result of the potential PROJECT, CDC has determined Redevelopment Plan Amendment consultant services (the "Scope of Services ") are needed for reviewing and processing the PROJECT, and DEVELOPER has agreed to pay for the Scope of Services; WHEREAS, DEVELOPER may also require research, analysis and advice from CONSULTANT in connection with the PROJECT; and WHEREAS, CDC, DEVELOPER and CONSULTANT desire to contract for CONSULTANT to conduct the Scope of Services, as described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF WORK. 1 CONSULTANT shall provide all the professional work .(i) necessary for the satisfactory completion of the Scope of Services, as described in Exhibit "A," attached hereto and incorporated herein, (ii) as reasonably needed and requested by CDC'S Executive Director, or his/her designee, after consultation with DEVELOPER, or (iii) as reasonably needed and requested by DEVELOPER. The requested work shall be deemed part of the Scope of Services. CONSULTANT shall coordinate the Scope of Services with the Redevelopment Plan Amendment consultants also being engaged by CDC and DEVELOPER for the PROJECT. 2. TERM OF AGREEMENT. The Scope of Services shall be provided during the term of this Agreement which shall begin on the effective date, as defined in Paragraph 18 of this Agreement and end not later than fifteen (15) complete calendar months after that effective date, unless otherwise terminated or the time is condensed or extended pursuant to this Agreement. Said term may be condensed or extended by letter in the reasonable discretion of CDC'S Executive Director or his/her designee after consultation with DEVELOPER, or by formal amendment by the parties. CONSULTANT acknowledges and agrees the 15 -month period is an estimate only and CDC and DEVELOPER desire the Scope of Services be completed in a diligent and expeditious manner in less than 15 months. CONSULTANT agrees to take reasonably feasible steps to condense the time period for completion of the Scope of Services. The Scope of Services shall be provided pursuant to the Schedule attached hereto and incorporated herein as Exhibit "6." 2 3. CONSULTANT REPRESENTATIVE, CONSULTANT'S professional services shall be actually performed by or shall be immediately supervised by Ernest Glover, who shall act as CONSULTANT'S representative. Any change in CONSULTANT'S representative shall require prior written approval by CDC'S Executive Director, or his/her designee, after consultation with DEVELOPER before such change, which approval shall be made in his/her sole discretion. 4. CONTRACT PRICE AND PAYMENT SCHEDULE For all labor, materials and services provided by CONSULTANT, including all out -of- pocket expenses and reimbursables, and based on the fee schedule set forth in the Schedule of Compensation, attached hereto and incorporated herein as Exhibit "C," CDC shall pay CONSULTANT total fee not to exceed One Hundred Seventy Eight Nine Hundred Fifty Dollars ($178,950.00) (the "Not -to- Exceed Fee "). Such fee shall not be exceeded without the express prior written consent of CDC'S Executive Director, or his/her designee, after consultation with DEVELOPER. Notwithstanding, CDC'S Executive Director, or hislher.designee, in his /her sole discretion, after consultation with Developer, may increase this foregoing amount by an aggregate total of up to Eight Thousand Nine Hundred Forty Eight Dollars ($8948.00) for unforeseen circumstances (the "Contingency "). The Not -to- Exceed Fee and Contingency shall be referred to herein as the "Contract Price." CONSULTANT shall submit billings in accordance with Exhibit "C" for work satisfactorily rendered to CDC and DEVELOPER. CONSULTANT shall submit billings to CDC on a monthly basis, which billing shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional and his or her hourly rate and the cost of materials. 3 Prior to paying any such cost or expense for Services on the Service List, CDC shall provide DEVELOPER a copy of the invoice or personnel time sheet, as applicable, provided to Commission for payment of those costs and expenses. DEVELOPER shall .have the right to object to the payment .,of any cost or expense by written notice to the Executive Director delivered within ten (10) days after the delivery of the subject invoice or personnel time sheet to DEVELOPER, as applicable. Those costs or expenses not objected to by DEVELOPER within ten (10) days after delivery of the subject invoice or personnel time sheet, as applicable, shall be deemed approved by DEVELOPER and may be paid by CDC. 5. FINANCIAL OBLIGATIONS BY DEVELOPER. DEVELOPER shall be solely responsible to pay the Contract Price as provided in Section 3.61 of the ENA. In the event CDC determines additional services not covered by the Scope of Services are needed for the PROJECT, then CDC shall consult with DEVELOPER, whose approval shall not be unreasonably withheld_ CDC shall not authorize CONSULTANT to proceed with any additional work unless DEVELOPER has agreed to the additional work. 6. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless DEVELOPER, CDC, and each of their elected and appointed boards, officers, agents, attorneys and employees (collectively, "INDEMNIFIED PARTIES ") from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees, for injury to or death of any person, and for injury to any properly, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT. CDC does not, and IH shall not, waive any rights against CONSULTANT which it may have by reason of the above hold harmless agreements, because of the acceptance by CDC of the insurance policies described in this Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONSULTANT, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless: that settlement includes a full release and dismissal of all claims by the third party against INDEMNIFIED PARTIES. 7. INSURANCE Without limiting its obligations pursuant to Paragraph 6, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages (a) Profess io na I/Neg ligent Acts, Errors and Omissions Insurance in an amount of One Million Dollars ($1,000,000.00); (b) Comprehensive general liability in the amount of One Million Dollars ($9,000,000.00), including premises- operations, productslcompleted operations, broad form property damage and blanket contractual liability, and, except as may be stricken out by CDC'S Executive Director, independent contractor and personal injury, and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in 5 a form approved by CDC'S General Counsel must be provided prior to payment pursuant to this Agreement. 8. WORKERS' COMPENSATION INSURANCE. In addition to the insurance coverage in Paragraph 7, above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to supply specified insurance policies and coverage, nor the failure of CDC to approve the same, shall alter or invalidate the provisions of Paragraph 6 of this Agreement. 9. ASSIGNMENT. Unless otherwise provided in writing by CDC, no assignment by CONSULTANT of this Agreement will be recognized by CDC and DEVELOPER unless such assignment had prior written approval of CDC and DEVELOPER. Any such assignment without such consent shall be voidable and shall, at the option of CDC and DEVELOPER, terminate this Agreement. 10. TERMINATION OF AGREEMENT. CDC or DEVELOPER may terminate this Agreement at any time by giving the other parry ten (10) working days' prior notice in writing to all the parties; provided, that CONSULTANT is entitled to payment for services satisfactorily rendered prior to such termination based on time and materials actually expended. ilGl��Ti'il��I ■7�'�t�l►� Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the parties hereto, in writing and signed by all parties hereto. 12. INDEPENDENT CONTRACTOR STATUS. At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CDC and DEVELOPER, shall not be (nor hold its employees, agents or officers out to be) employees, officers or agents of CDC or DEVELOPER. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non - payment of the same. 13. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 14. GOVERNING LAW ! COMPLIANCE WITH LAWS.. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The parties hereto agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the services to be performed hereunder. If litigation arises out of this Agreement, then venue for shall be the Superior Court of Los Angeles County. 15. WAIVER. Waiver by CDC or DEVELOPER of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 7 I 16. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the parties hereto for the services described herein and supersedes any and all prior negotiations, representations or agreements, either oral or written. 17. OWNERSHIP OF REPORT. Without prior written approval from CDC and DEVELOPER, CONSULTANT shall not provide any information, data, and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement to any person other than CDC and DEVELOPER. All such reports, information, data, and exhibits shall be the property of CDC, as- well as the property of DEVELOPER. The original shall be delivered to CDC` and DEVELOPER upon demand without additional cost or expense to CDC and a copy shall be delivered to DEVELOPER upon demand without additional cost or expense to CDC and DEVELOPER. CONSULTANT shall have the right to retain copies of CONSULTANT'S work upon completion of CONSULTANT'S services pursuant to this Agreement. All written documents shall be provided to CDC in digital and in hard copy form. All Ot VAN �1 VAN "]ai�at�rvr Exhibit A and Exhibit C SCOPE OF SERVICES AND BUDGET The following table estimates the total budget for the project. Total budget for the planning program would be $178,950 including all options, as well as labor and direct expenses. ex- clusive of advertising, County Clerk/Recorder, and environmental fees. Page - 1 Costs (Time and materials, not Task to exceed) Notes GRC Keyser- Total Marston 1.0 Program Initiation 1.1 Staff Start-Up Meeting - This is the initial meet - $1,250 $500 $1,750 ing to refine the scope of the plan amendment pro- gram, to review the schedule, and to identify major issues. At this meeting, GRC Redevelopment Con- sultants will tour the existing Project Areas and with Agency staff and others as appropriate. This tour will be with an eye towards identifying poten- tial blight - related issues. 1.2 Prepare and Maintain Program Schedule - $1,500 $0 $1,500 1 The project production schedule will be finalized and maintained as part of this task. The schedule will contain all major steps required to complete the project. 1.3 Strategy Memorandum -- This memorandum is $7,500 $2,500 $10,000 intended as a generalized evaluation of current conditions in the CBD Project Area and the Merged Project Area, plan amendment issues, an evalua- tion of different scopes and approaches to the amendment (e.g., re- adopting the CBD project, re- negotiate 33401 agreements, increasing financial limits, etc.). The project scope can be refined at this point, Costs include preliminary data collec- tion and base mapping. Sub -Total $10,250 $3,000 $13,250 Page - 1 Exhibit A and Exhibit C Page -2 Costs (Time and materials, not Task to exceed) Notes GRC Keyser- Total Marston 2.4 Plan Preparation 2.1 Preliminary Report - The CRL requires a pre- $42,500 $5,500 $48,000 2 liminary report for all major plan amendments, in- cluding mergers. This report will detail economic and physical conditions in the CBD Project Area and the Merged Project Area, the proposed pro- grams to implement the amended Redevelopment Plan, and the manner in which the proposed pro- grams and projects will alleviate blight. The finan- cial feasibility of the proposed redevelopment pro- gram also must be documented by Keyser - Marston Associates. SB1206 blight standards will be used to evaluate remaining blight. The Preliminary Report also will be drafted to con- tain the data required in. Section 33451 .5 and Sec- tion 33486. 2.2 Report to State Department of Finance and $1,500 $0 $1,500 3 Housing and Community Development De- partment — SB1206 requires that the Agency to send what is tantamount to a Section 33352 Report to City Council and a notice of the public hearing to the State Department of Finance and Department of Housing and Community Development at least 45 days before the public hearing. GRC will pre- pare the notice and transmit it and the Draft Re- port to City Council to the State. 2.3 Redevelopment Plan Amendment — The $2,500 $0 $2,500 amended plan will ultimately be adopted by the City Council as the official Amended Redevelop- ment Plan for the CBD Project Area. This docu- ment should be prepared and circulated with the Preliminary Report to provide the broadest public information possible. At a minimum, the re- drafted plan will include up- dated plan Sections 210 through 255 (probably to just incorporate the General Plan and any Specific Plans by reference), updated projects list if neces- sary, incorporation of any recently changed dead- Page -2 Exhibit A and Exhibit C Page - 3 Costs (Time and materials, not Task to exceed) Notes GRC Keyser - Total Marston lines, and other updates as required. GRC Redevelopment Consultants will draft an up- dated redevelopment plan in close coordination with Agency counsel. 2.4 Taxing Agency Consultations— Affected taxing $2,500 $2,500 $5,000 entities, including the County, special districts and the school districts should be offered the opportu- nity to meet with Agency staff to discuss any ques- tions or concerns. Initial meetings with County CAO, the appropriate Supervisor's staff, and school districts may be appropriate to avoid any misun- derstandings late in the adoption process. Consul- tation meetings often identify issues between agen- cies early on and allow for resolution of any issues. GRC Redevelopment Consultants.will play a sup- port role in this regard. Sub -Total $49,000 $8,000 $57,000 3.0 Public Participation 3.1 Public Newsletter — One newsletter will be circu- $3,500 $0 $3,500 4 lated to each resident, business and property owner in the Merged Project Area and the CBD Project Area. The newsletter will contain the formal public notification of the joint public hearing, and will an- nounce a community meeting. All newsletters will be mailed pre - sorted f"irst.ciass to all addresses in the Project Areas and to all absentee property own- ers. 3.2 PAC Election Procedures - Prepare PAC election $5,000 $0 $5,000 procedures, including City -wide procedures apply- ing to both areas, two resolutions calling for the election of PAC and setting PAC composition for each area, and legal ads and display ads notifying the public of the PAC elections for each area. At- tend City Council hearing to adopt PAC Election Procedures and call for the election of the PACs. Page - 3 Exhibit A and Exhibit C Page - 4 Costs (Time and materials, not Task to exceed) . Notes GRC Keyser- Total Marston 3.3 PAC Elections -The PAC elections involve three $14,500 $0 $14,500 major steps: mailing a newsletter announcing the elections to each business, community organization, and resident in the Project Area; holding one pre- election community meeting in each project area; and holding a PAC election meeting in each project area. GRC Redevelopment Consultants will pre- pare and mail a separate newsletter to each area. GRC Redevelopment Consultants also will help conduct the community meetings and the election meetings. GRC Redevelopment Consultants will prepare all election materials, including application forms and ballots. GRC will retain court-certified translation and interpreting services as necessary for the public meetings. 3.4 City Council Affirms PAC Elections. Attend a $2,500 $0 $2,500 City Council meeting to affirm the PAC elections and resolve any appeals. GRC Redevelopment Consultants will prepare the resolution and staff report. 3.5 Staff PAC Meetings. GRC Redevelopment Con- $9,600 $0 $9,600 sultants will provide staff resources for up to four PAC meetings in each project are, for up to eight meetings total. Services will include general back- ground, briefings, PAC bylaws, agendas and min- utes. Ernie Glover will moderate the meetings as necessary and appropriate. (This depends a lot on the PAC members are and their preferences.) In- terpretation services may be needed for the PAC meetings, but have not been budgeted. Interpret- ers typically cost between $300 and $400 per meet- ing, but are usually not required. 3.6 Second Set of Community Meetings — The sec- $2,500 $0 $2,500 and round of community meetings will be held about two weeks before the joint public hearing, and will be focused on answering the public's ques- tions in an informal manner prior to the hearing before the City Council /Agency Board. One meeting will be held in each of the two project areas. Page - 4 Exhibit A and Exhibit C Page - 5 Costs (Time and materials, not Task to exceed) Notes GRC Keyser- Total Marston 3.7 City Council, Agency and Planning Commis- $5,500 $0 $5,500 5 sion Meetings — GRC Redevelopment Consultants will attend all necessary City Council, Agency and Planning Commission meetings. This proposal an- ticipates four City Council or Redevelopment Agency meetings, and one Planning. Commission meetings. Sub -Total $43,100 $ 0 $43,100 4.0 Plan Adoption 4.1 Environmental Coordination — GRC will coor- $4,800 $0 $4,800 dinate with the environmental consultant in pre- paring all environmental documentation. This, step will include input on the project description, tech- nical assistance in preparing plan- related portions of the environmental documents, assistance in re- sponding to comments, and project management. 42 Planning Commission Review —The Planning $1,200 $0 $1,200 Commission is required to review the proposed Re- development Plan, amendment and make appropri- ate findings and recommendations prior to the amended Plan's being heard by the City Council. GRC will prepare a staff report and resolution for this item, and will be available to make a presenta- tion to the Planning Commission. 4.3 Report to the City Council — This final report is $10,500 $1,500 $12,000 an expanded version of the Preliminary Report, and will address the material required in CRL Section. 33352. In essence, the Report to City Council is a record of the plan adoption process. Besides the technical information relative to blighting condi- tions, community impacts, financial feasibility, the manner in which the plan will reduce the incidence of blight, the Report to City Council will contain a five -year implementation plan, summaries of com- munity meetings and discussions with taxing enti- ties. Page - 5 Exhibit A and Exhibit C Page - 6 Costs (Time and materials, not Task to exceed) Notes GRC Keyser- Total Marston 4.4 Updated Implementation Plan — Prepare an $4,000 $0 $4,000 updated 5 -year implementation plan to be included in the Report to City Council and to be published under separate cover. The new implementation . plan will update the existing plan based on the Plan Amendment and the CBD specific plan, hous- ing changes, the effects of the increment cap in- crease, and changes in proposed projects and pro- grams. 4,5 Joint Public Hearing — Besides attendance at the $4;000: $0 $4,000 joint public Bearing, GRC Redevelopment Consult- ants will provide all .resolutions and ordinances adopting the Redevelopment Plan. This item also includes responding in writing to written objections to the proposed Redevelopment Plan submitted at or before the Joint Public Hearing. 4.6 Final Transmittals — GRC Redevelopment Con- $1,500 $0 $1,500 sultants will provide all final transmittals for re- cording the newly adopted Project Area pursuant to SB1809. GRC also will prepare revised recording statements as necessary pursuant to SB1809. 4.7 Project Management and Coordination —This $20,000 $0 $20,000 item is to allow for costs associated with project team coordination and project management. Sub -Total $46,000 $1,500 $47,500 Total —Labor $148,350 $12,500 $160,850 6 Expenses Newsletter Printing and Mailing Labels $5,500 $0 $0 7 Postage $4,000 $0 $0 8 Report Production and Printing $4,500 $0 $4,500 9 Travel, Database and Miscellaneous $4,000 $100 $4,100 10 Total Expenses $18,000 $ 100 $18,100 11 Grand Total $166,350 $12,600 $178,950 12 Page - 6 Exhibit A and Exhibit C Notes: 1. This budget item is intended to cover the cost of preparing the initial program schedule and maintaining it through plan adoption. 2. Research for the preliminary report will include a parcel -by- parcel evaluation of the CBD Project Area and the nearby portions of the Sierra Vista component of the Merged Project Area. Between 75 and 120 hours have been allocated to the Meld survey and building evaluation. 3. This fee is somewhat speculative at this point, because the report requirement is new and there is no experience with what the State Department of Finance and the Depart- ment of Housing and Community Development will require. 4. The public information program includes costs for preparation of one newsletter. This item includes writing, editing of the newsletter, typography, and design. Printing and mailing costs are not included in this line item. 5. Fee includes attendance at meetings as outlined in the scope of work. Additional meet- ing attendance will be billed as an extra item based on the following hourly rates: GRC Redevelopment Consultants Principals $120 to 165 /hour Senior Associate $100 /hour Associate $ 75/hour Graphics Specialist $55/hour Clerical/Word Processing $45/hour 6. The above labor costs are estimates based on anticipated time to complete each task. Labor will be billed on an hourly basis for each staff member, but not to exceed the above task amounts except by written authorization of Baldwin Park. Labor costs will be billed based on the fee schedule in item 5, above. 7. Fee includes the cost of purchasing a mailing list for the Merged Project Area and the CBD Project Area, printing of one newsletter, and handling by a mailing house. 8. Postage includes the costs of first class, pre- sorted postage for newsletter, certified mail- ings to taxing agencies (three rounds), and other incidental mailing costs. 9. Includes estimated costs for photocopying and binding of 30 Preliminary Reports, 30 Redevelopment Plans, and 20 Reports to City Council. Miscellaneous photocopying also is included. 10. Data base costs are estimated at $3,000. This line item also includes a $2,000 allowance for travel, meals, lodging and miscellaneous expenses. 11. Fee does not include various fees and legal advertising costs normally the responsibility of the Agency. These fees and costs include the various filings with the County Clerk, the State Board of Equalization, and to the newspaper for five legal ads (EIR notice of availability, and four joint public hearing ads). These costs would be borne directly by the Agency, rather than by the GRC Redevelopment Consultants. It is estimated that these fees would amount to no more than $2,500. Direct expenses will be billed on a cost plus 15% basis. Page - 7 Exhibit B SCHEDULE Based on the steps required by the CRL and recent state legislation, we recommend that the redevelopment plan amendment be adopted in the Spring of 2008. The table below shows the major steps in the plan adoption process, and the approximate dates for each. This schedule assumes that no unwarranted delays will be experienced due to project notification and taxing agency consultations. Upon project commencement, GRC Redevelopment Consultants' first step will be to prepare a detailed schedule of all items necessary for the adoption of the project. We will work with staff to see which actions can be accelerated and develop a timeline that meets the needs of the Agency and the community. Start -Up Meeting 411107 First meeting with affected taxing agencies 5111107 Strategy Memorandum Prepared 5116107 City Council calls for election of Project Area Committees PAC 818107 Draft Program Environmental Impact Report circulated 914107 First Community Meetings 9127107 Planning Commission reviews DER and comments 10/10/07 PAC Election Meetings 10111107 Draft Preliminary Report circulated for internal review 11119107 First PAC Meetings 11/26107 Preliminary Report and Draft Redevelopment Plan Amend - ment circulated 12/17107 Last PAC Meetings 3131108 Planning Commission makes recommendation on Redevel- o ment Plan 419108 Last Community Meeting 511/08 Joint Public Nearing 5/14108 Page - 1 Three -Party Consultant Agreement - ESA THREE -PARTY CONSULTANT AGREEMENT Environmental Science Associates CEQAINEPA Related Consultant Services THIS AGREEMENT is made and entered into by and among the Community Development Commission of the City of Baldwin Park, a public body, corporate and politic, (hereinafter referred to as "CDC "), Bisno Development Company LLC, a California limited liability company (hereinafter referred to as "DEVELOPER ") and Environmental Science Associates (ESA), a California corporation (hereinafter referred to as "CONSULTANT "). WHEREAS, CDC and DEVELOPER entered into that certain revised exclusive negotiation agreement dated February 7, 2007, (the "ENK) for public participation, the proposed design, entitlement processing and the potential development of a downtown village project in the 125 -acre area described in the ENA (hereinafter referred to as the "PROJECT "); WHEREAS, in order for CDC to be able to review and proceed with all necessary actions required as a result of the potential PROJECT, CDC has determined CEQAINEPA related consultant services (the Scope of Services ") are needed for reviewing and processing the PROJECT, and DEVELOPER has agreed to pay for the Scope of Services; WHEREAS, DEVELOPER may also require research, analysis and advice from CONSULTANT in connection with the PROJECT; and WHEREAS, CDC, DEVELOPER and CONSULTANT desire to contract for CONSULTANT to conduct the Scope of Services, as described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF WORK. CONSULTANT shall provide all the professional work (i) necessary for the satisfactory completion of the Scope of Services, as described in Exhibit "A," attached hereto and incorporated herein, (ii) as reasonably needed and requested by CDC'S Executive Director, or his/her designee, after consultation with DEVELOPER, or (iii) as reasonably needed and requested by DEVELOPER. The requested work shall be deemed part of the Scope of Services. CONSULTANT shall coordinate the Scope of Services with the CEQA /NEPA related consultants also being engaged by CDC and DEVELOPER forthe PROJECT. 2. TERM OF AGREEMENT. The Scope of Services shall be provided during the term of this Agreement which shall begin on the effective date, as defined in Paragraph 18 of this Agreement and end not later than twenty four (24) complete calendar months after that effective date, unless otherwise terminated or the time is condensed or extended pursuant to this Agreement. Said term may be condensed or extended by letter in the reasonable discretion of CDC'S Executive Director or his/her designee after consultation with DEVELOPER, or by formal amendment by the parties. CONSULTANT acknowledges and agrees the 24 -month period is an estimate only and CDC and DEVELOPER desire the Scope of Services be completed in a diligent and expeditious manner in less than 24 months. CONSULTANT agrees to take reasonably feasible steps to condense the time period for completion of the Scope of Services. The Scope of Services shall be provided pursuant to the Schedule attached hereto and incorporated herein as Exhibit "B." 3. CONSULTANT REPRESENTATIVE. CONSULTANT'S professional services shall be actually performed by or shall be immediately supervised by Deborah Kirtman, AICP, who shall act as CONSULTANT'S representative. Any change in CONSULTANT'S representative shall require prior written approval by CDC'S Executive Director, or his /her designee, after consultation with DEVELOPER before such change, which approval shall be made in his /her sole discretion. 4. CONTRACT PRICE AND PAYMENT SCHEDULE For all labor, materials and services provided by CONSULTANT, including all out -of- pocket expenses and reimbursables, and based on the fee schedule set forth in the Schedule of Compensation, attached hereto and incorporated herein as Exhibit "C," CDC shall pay CONSULTANT a total fee not to exceed One Million One Hundred Eighty Thousand Three Hundred Seventy Four Dollars ($1,180,374.00) (the "Not -to- Exceed Fee "). Such fee shall not be exceeded without the express prior written consent of CDC'S Executive Director, or his /her designee, after consultation with DEVELOPER.. Notwithstanding, CDC'S Executive Director, or his /her designee, in his /her sole discretion, after consultation with Developer, may increase this foregoing amount by an aggregate total of up to six percent (6 %) (Seventy Thousand Eight Hundred Twenty Two Dollars ($70,822.00) for unforeseen circumstances (the "Contingency "). The Not -to- Exceed Fee and Contingency shall be referred to herein as the "Contract Price." CONSULTANT. shall submit billings in accordance with Exhibit "C" for work satisfactorily rendered to CDC and DEVELOPER, CONSULTANT shall submit billings to CDC on a monthly basis, which billing shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional and his or her hourly rate and the cost of materials. -3- Prior to paying any such cost or expense for Services on the Service List, CDC shall provide DEVELOPER a copy of the invoice or personnel time sheet, as applicable, provided to CDC for payment of those costs and expenses. DEVELOPER shall have the right to object to the payment of any cost or expense by written notice to the Executive Director delivered within ten (70) days after the delivery of the subject invoice or personnel time sheet to DEVELOPER, as applicable. Those costs or expenses not objected to by DEVELOPER within ten (10) days after delivery of the subject invoice or personnel time sheet, as applicable, shall be deemed approved by DEVELOPER and may be paid by CDC. 5. FINANCIAL OBLIGATIONS BY DEVELOPER. DEVELOPER shall be solely responsible to pay the Contract Price as provided in Section 3.8.7: of the ENA. In the event CDC determines additional services not covered by the Scope of Services are needed for the PROJECT, then CDC shall consult with DEVELOPER, whose approval shall not be unreasonably withheld. CDC shall not authorize CONSULTANT to proceed with any additional work unless DEVELOPER has agreed to the additional work. 6. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless DEVELOPER, CDC, and each of their elected and appointed boards, officers, agents, attorneys and employees (collectively, "INDEMNIFIED PARTIES ") from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT; provided, that M CONSULTANT'S obligation to indemnify and hold harmless shall only be to the extent CONSULTANT causes the damages. CDC does not, and shall not, waive any rights against CONSULTANT which it may have by reason of the above hold harmless agreements, because of the acceptance by CDC of the insurance policies described in this Agreement. In the event any of INDEMNIFIED PARTIES are sued -by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONSULTANT, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against INDEMNIFIED PARTIES. 7. INSURANCE Without limiting its obligations pursuant to Paragraph 6, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages. (a) Professional /Negligent Acts, Errors and Omissions Insurance in an amount of One Million Dollars ($1,000,000.00), (b) Comprehensive general liability in the amount of One Million Dollars ($1,000,000.00), including premises - operations, products /completed operations, broad form property damage and blanket contractual liability, and, except as may be stricken out by CDC'S Executive Director, independent contractor and personal injury; and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). -5- A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in a form approved by CDC'S General Counsel must be provided prior to payment pursuant to this Agreement. 8. WORKERS' COMPENSATION INSURANCE. In addition to the insurance coverage in Paragraph 7, above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to supply specified insurance policies and coverage, nor the failure of CDC to approve the same, shall alter or invalidate the provisions of Paragraph 6 of this Agreement. 9. ASSIGNMENT. Unless otherwise provided in writing by CDC, no assignment by CONSULTANT of this Agreement will be recognized by CDC and DEVELOPER unless such assignment had prior written approval of CDC and DEVELOPER. Any such assignment without such consent shall be voidable and shall, at the option of CDC and DEVELOPER, terminate this Agreement. 10. TERMINATION OF AGREEMENT. CDC or DEVELOPER may terminate this Agreement at any time by giving the other party ten (10) working days' prior notice in writing to all the parties; provided, that CONSULTANT is entitled to payment for services satisfactorily rendered prior to such termination based on time and materials actually expended. Son 11. AMENDMENT Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the parties hereto, in writing and signed by all parties hereto. 12. INDEPENDENT CONTRACTOR STATUS. At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CDC and DEVELOPER, shall not be (nor hold its employees, agents or officers out to be) employees, officers or agents of CDC or DEVELOPER. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non - payment of .the same. 13. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 14. GOVERNING LAW i COMPLIANCE WITH LAWS. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California_ The parties hereto agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the services to be performed hereunder. If litigation arises out of this Agreement, then venue for shall be the Superior Court of Los Angeles County. -7- 15. WAIVER. Waiver by CDC or DEVELOPER of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 16. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the parties hereto for the services described herein and supersedes any and all prior negotiations, representations or agreements, either oral or written. 17. OWNERSHIP OF REPORT. Without prior written approval from CDC and DEVELOPER, CONSULTANT shall not provide any information, data, and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement to any ,person other than CDC and DEVELOPER. All such reports, information, data, and exhibits shall be the property of CDC, as well as the property of DEVELOPER. The original shall be delivered to CDC and DEVELOPER upon demand without additional cost or expense to CDC and a copy shall be delivered to DEVELOPER upon demand without additional cost or expense to CDC and DEVELOPER. CONSULTANT shall have the right to retain copies of CONSULTANT'S work upon completion of CONSULTANT'S services pursuant to this Agreement. All written documents shall be provided to CDC in digital and in hard copy form. la Exhibit A Scope of Services -10- ESA SECTION 3 Approach and Scope of Mork A. Scope of Work Task 1: Project Management and Coordination The Project Manager, Deborah Kirtman, A1CP, will be primary point of contact for the ESA project team, and will ensure the team's responsiveness to the requirements of the developer and City of Baldwin Park. She will oversee the preparation of all work products, monitoring project progress, ensure the technical accuracy of all deliverables, maintain the performance schedule, resolve any scheduling conflicts that arise, monitor budget expenditures, coordinate meetings, and interact as necessary with developer, City staff, and other parties involved in the environmental documentation process. Deborah brings a strong technical and management background to the project, having worked on numerous complex projects throughout the state. The Project Director, Laura Kaufman, will ensure that the resources required to satisfy the project scope and schedule are applied effectively, and will provide policy oversight, as well as technical quality assurance for all submitted work products. Laura's work with residential, commercial and mixed use projects, as well as her work.in northern Los Angeles County and throughout Southern California provides a solid background for this project. ESA's technical sections will be reviewed by the head of each of ESA's technical groups_ This process will provide additional technical accuracy and quality control for technical sections_ Task 2: Project Meetings and Hearings The Project Manager and other members of the project team, as appropriate, will participate in a total of as many as nine project - related meetings and public hearings, including the following_ • A kickoff meeting and site visit, at which appropriate members of the consultant team may tour the site together with City staff (and at the City's discretion, representatives of the applicant) to gain a first -hand Amendments to the Baldwin Park General Alan, Zoning Ordinance and Redevelopment Plans E1R 3 -1 3. Approach and Scope of Work and on -site understanding of their thinking to date concerning the project and its relationship to the site; A public scoping session facilitated by City staff and/or conducted by ESA, or facilitated by a combination of both City staff and ESA staff; Up to four public hearings; and Up to three meetings with City staff. Team members would be available upon request to attend additional meetings on a time - and - materials basis. Task 3: Project Scoping ESA will review all plans and reports provided by the developer and the City for the proposed project. ESA understands that this project will evolve over the next few months, and therefore ESA anticipates some changes to the project description. This effort would include the review of any other applicable technical reports completed for the site. Project team members will conduct field visits) to the project site (outside of the kick -off meeting site visit), as may be required. Also identified in Task 2, above, ESA will also attend and/or conduct, in consultation with City staff, a public scoping session to solicit input on the potential environmental concerns associated with the project. On the basis of the data review and field studies, and the public scoping session, the project team will identify any additional information that may be required to prepare a brief Initial Study and the EIR/EIS. ESA will also consult with City staff and the developer to confirm the final assumptions to be used in the EIR/EIS analyses concerning the project description, the alternatives to be examined, the basis for cumulative impact analyses, impact significance criteria, impact assessment methodologies, and any other analytic assumptions that may require further resolution. Following this consultation, ESA will then identify any appropriate recommendations for revising the scope of work, if necessary. Task 4: Prepare Initial Study and Notice of Preparation ESA will prepare a brief Initial Study that will be used to focus out of the EIR/EIS further discussion of issues and impacts clearly demonstrated to be less than significant. ESA anticipates that discussion in the Initial Study will focus on Agricultural Resources, Mineral Resources, and hazards related to proximity to airports and/or private airstrips. The Initial Study will indicate that a full discussion of potential impacts on the remaining environmental topics outlined in Appendix G of the CEQA Guidelines will be provided in 3 -2 Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans EIR ESA3. Approach and Scope of Work the EIR/EIS. The EIRIEIS will provide complete discussions and analysis of these topics. ESA will prepare one draft of the Notice of Preparation (NOP). ESA will identify all potential Responsible Agencies that should receive copies of the NOR Upon approval by the City and the developer, ESA will finalize the NOP, and, in consultation with the City, ESA will coordinate all copies, mailouts, filings with the State Clearinghouse and with the County Recorder's Office, legal notices, and postings at locations identified by the City. ESA anticipates that all property owners and tenants will need to be noticed because of the location of the project within redevelopment plan areas. Task 5: Prepare Administrative Draft EIRMS It is assumed that the appropriate environmental document for the project is a joint EIR/EIS. The EIR is also intended to be a Program EIR; as consistent with CEQA Guidelines Sections 15168 and 15170. The ESA team will prepare one iteration of the Administrative Draft EIR/ElS based. on the information, criteria and analyses developed in Tasks 2, 3 and 4. The Administrative Draft EIR/EIS will be prepared in accordance with the current CEQA Guidelines, the National Environmental Policy Act (NEPA) and case law. If the scope of work required to prepare the joint EIR/EIS materially exceeds that required for an EIR under CEQA. (including without limitation the current CEQA Guidelines and case law), ESA will prepare a scope of work and budget for such additional work for the approval of developer and City. Five (5) copies, one (1) unbound original, and up to five CDs of the Administrative Draft EIR/EIS will be submitted to City staff and developer for review. (ESA can provide up to five additional copies for no additional charge, as needed.) The following discussion presents the proposed outline of the Draft EIR/EIR and considerations related to the preparation and presentation of individual sections. Introduction The Introduction will briefly describe the relationship of the City's planning process to the CEQA/NEPA process; the principal characteristics and objectives of the proposed project; and the planning and scoping processes through which the EIR/EIS scope was developed. The Introduction will also briefly describe the role of the EIRJEIS in the overall planning process and the procedural steps by which the EIR/EIS and the project application will be processed. Amendments to the 6aldwsn Park Genera) Ptan, Zoning Ordinance and Redevelopment. Pfans FIR 3 -3 3. Approach and Scope of Work Summary The Summary will provide a brief summary description of the project and the alternatives, and will provide a summary table and narrative that outline the project's significant environmental effects, mitigation measures that would reduce or avoid those effects, residual levels of impact significance after mitigation, and principal areas of public controversy. Project Description The project will be described in text, tabular, and graphic forms that rely primarily on the documents provided by the applicant and on any additional information provided by the City, and the developer's architects and/or engineers. Environmental Setting, impacts, and Mitigation To facilitate report continuity and minimize redundancy in the discussions of each environmental topic, the MUMS will present the environmental setting, impacts, and mitigation in one section. As required by CEQA, the setting will describe the environnnent in the study area "as it exists before the commencement of the project" at the time the N ©P is issued. The EWEIS will present the Environmental Setting from site- specific, neighborhood, local, and/or subregional perspectives, as. appropriate to each environmental topic. The EIRIEIS will present the environmental effects of the project under each topic of analysis. As required by CEQA, the effects of the project will be defined as changes from the Environmental Setting that are attributable to the project. The operational effects of the project will be described as of a reasonable projected time of buildout of Phase 1, Phase 2, and of reasonably foreseeable cumulative development. The buildout years will be determined in consultation with the developer and the City. The EIR will describe foreseeable construction impacts as well as operation impacts. The setting and impact discussions will emphasize the use of graphics to depict setting, constraints, opportunities, and other information about the impact topics. The mitigation discussion will be presented by environmental topic, based (to the extent possible) on threshold, and, as required by CEQA, will include measures proposed or accepted by the applicant as well as any other measures identified as a result of the analysis. As required by CEQA, any significant environmental effects of the mitigation measures will also be identif ed. The mitigation measures will be presented in the form of permit 3-4 Rmendmems to the 6aldwin Park General Plan, Zoning Ordinance anti Redevelopment Plans E1R E_ 3. Approach and Scope of Work conditions ( "shalls ") that can be inserted into the City's standard "Conditions of Approval" document. Alternatives CEQA requires that an EIR address a reasonable range of feasible alternatives that meet most of the objectives of the project and that reduce or avoid one or more significant effects of the project.. At a minimum, these alternatives must include a "no project" alternative and, if the no project alternative is environmentally superior to the proposed project, at least one other "environmentally superior" alternative. ESA anticipates that the Alternatives chapter will include a discussion of off-site alternatives that have been excluded, based upon the project sponsor's statement of project objectives. • No Project Alternative. The No Project Alternative will evaluate what could reasonably be expected to occur on the site if the currently proposed project were not approved (consistent with current planning and zoning). The No Project Alternatives . would be developed in consultation with City staff and the developer. • Two additional alternatives that would reduce or avoid one or more significant effects of the proposed project. These altematives would also be developed in consultation with City staff and developer, once the impact analysis is underway and the project impacts are better known. ESA would be pleased to address additional alternatives (as an addition to the approved scope and cost estimate), at the developer's and/or City's request. The narrative discussion of each alternative will consist of three subsections: Description of the Alternative, which will describe the uses, intensities, and design concept of each alternative, and will contain a brief narrative description of its distinctive characteristics and objectives. Distinctive Environmental Characteristics of the Alternative, which will identify the major differences between the impacts of the proposed project and those of the alternative; and . Comparison of the Alternative, which will summarize the alternative's impacts relative to the other alternatives considered, and identify the environmentally superior alternative. This section will also discuss any limitations of the alternative and the reasons for not selecting the alternative. Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans SR 3 -5 3. Approach and Scope of Work Statutory Sections Based on information presented in the EWEIS sections described above, and through consultation with the developer and City staff, the EIR will contain the following additional EIR sections as required by CEQA: • Significant Environmental Effects of the Proposed Project (including significant, unavoidable effects); • Effects Found Not to be Significant; • Growth - Inducing Impacts of the Proposed Project; and • Preparers, and Persons and Organizations Consulted. Appendices Technical reports and data provided by the subconsultant team and ESA technical analysts will be included in the Appendices, as appropriate. We anticipate including: • Notice of Preparation and Initial Study, and the appropriate NEPA notices; • Responses to the Notice of Preparation, • Amendments to the General Plan; Zoning Ordinance, and possibly to Redevelopment Plans; and • Traffic Study and appendices to the Traffic Study; • UR13EMIS data (air quality). • Memorandum regarding student generation rates and student population projections; • Memorandum regarding population, housing, and jobs; and • Water Assessment. Task 6: Prepare Draft ElRMS After the developer and City staff have reviewed the Administrative Draft EIR/EIS, ESA will incorporate the necessary revisions into the document. The Project Manager and any other appropriate members of the consultant team propose to meet with the developer and with City staff to discuss and revise the Administrative Draft EIR/EIS --- either in person or by conference call, as appropriate. ESA will mare the necessary revisions to the Administrative Draft EIR/EIS and will submit one (1) copy of a Screencheck Draft EIR, which is an electronic, editable version of the document, for approval by the developer and by City staff. Upon staff approval, ESA will prepare and submit to the City a maximum of seventy -five (75) copies of the Draft EIRIEIS for distribution. 3 -6 Amendments to the Baldwin Park Genera! Plan, Zoning Ordinance and Redevelopment Plans EIR 3. Approach and Scope of work ESA would be pleased to manage distribution of the Draft EIR/EIS in consultation with the developer and the City, as well as send the appropriate copies of the Draft EIR to the State Clearinghouse and coordinate all notices, including postings with the County Recorder's Office. (ESA's Sacramento office is within walking distance of the State Clearinghouse.) ESA will also prepare a Notice of Availability and, in coordination with the developer and the City, will copy and distribute the Notice to the appropriate parties. (As with the NOP, ESA will be required to provide notices to all property owners and tenants within the redevelopment areas.) ESA will also, in consultation with the developer and the City, coordinate distribution of the Draft EIR to i libraries, or other locations. Funds are included in the scope and cost estimate for this task and for other noticing tasks below. If these tasks are handled by the City, ESA will reduce its cost estimate by the amount included in the budget. Task i, Prepare Administrative Final EIR At the conclusion of the 45 -day public review period for the Draft EIR, ESA's Project Manager will discuss with the developer and with City staff the comments received, and the appropriate responses and response strategies to those comments. It is anticipated that ESA, the developer, and the City will agree on the overall approach to responding to comments and will assign specific tasks associated with the preparation of these responses. The Administrative Final EIR will consist of the Draft EIR plus the response to comments document. Should the public comments raise issues not previously within the scope of work, ESA will consult with the developer and with City staff to achieve cooperative resolution of the out-of-scope issues. ESA will submit five bound copies and one unbound copy (and up to five CDs) of the Administrative Final EIR to the City and to the developer for review. City staff and the developer will each review the document and provide comments to ESA. ESA will meet with the City and developer as necessary to discuss unresolved conflicts, if any, between the two sets of comments. As with the Draft EIR, ESA would be pleased to manage distribution of the Final EIR in consultation with the developer and with the City. Task 8: Prepare Final EIR ESA will incorporate the necessary revisions into the Final EIR and will provide screencheck copies to the developer and to City staff for final approval. Upon screencheck approval, ESA will submit one original and 50 copies of the Final EIR to the City for distribution. ESA will, in Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans EIR 3 -7 3. Approach and Scope of Work consultation with the developer and the City, distribute copies of the Final EIR to all applicable agencies, and individuals requesting copies. ESA will prepare and distribute the Notice of Determination to the State Clearinghouse and will coordinate posting the Notice at the County Recorder's office. Task 9: Prepare Mitigation Monitoring and Reporting Program (MMRP) ESA will prepare an MMRP in compliance with Public Resources Code Section 21081.6. For any significant impact identified in the EIR, the MMRP will describe the required mitigation, and the responsible parties, tasks, and schedule necessary for monitoring mitigation compliance. ESA will submit copies of the draft MMRP to the City and to the developer with the Administrative Final EIR, will respond to City and developer comments on the draft MMRP, and will prepare a screencheck and final MMRP for submission to the City. ESA will submit five (5) bound copies and one unbound copy of the MMRP to the City for its use. Task 10: Prepare Draft Findings and Possible Statement of Overriding Considerations ESA will assist the developer and the City in preparing draft findings of fact for each significant impact identified in the EIR, pursuant to CEQA Guidelines Section 15091 and 15096(h). The findings will explain how the City will deal with each significant impact and alternative in the EIR. The findings will contain a conclusion regarding each significant impact, and an explanation of how the substantial evidence supports the conclusion. If the EIR concludes that the project would have significant and avoidable environmental effects, ESA will also assist the developer and the City in preparing draft statement of overriding considerations as required by Public Resources Code Section 21081 and CEQA Guidelines, Section 15093. It is ESA's understanding that the developer and the City will finalize these documents. Task 11: Coordination of Subconsultants and Review of Subconsultant's Work As directed by the developer and the City, ESA will coordinate the work of its subconsultants, by malting sure that subconsultants are aware of the project schedule, particularly for all deliverables; by providing regular updates to the subconsultants regarding the project description and changes to the project; and by reviewing all deliverables (and coordinating revisions) 3 -8 Amendments to the Bafdwin Park General Pan, Zoning Ordinance and Redevelopment Plans l=tR S3. Approach and Scope of Work with the subconsultants. ESA does not take responsibility for communications made directly to the subconsultants without ESA's knowledge. Task 12: Tiered Environmental Review of Specific Plan for Development ESA acknowledges that the EIR is intended to be a Program EIR pursuant to CEQA Guidelines Section 15168 for the purpose of addressing potential general plan amendments, zone changes, redevelopment plan amendments, and other entitlements associated with the Project. The Project is also anticipated to include a Specific Plan for Development and particularized entitlements that will be identified by developer and City as the Project progresses. As part of Task 12, ESA will conduct tiered environmental analysis (an Initial Study) pursuant to CEQA Guidelines Section 15168(4) to determine additional "tiered" analysis that may be necessary for the Specific Plan for Development and other particularized entitlements under CEQA to enable the City to determine whether such later activity may have any new significant effects not considered in the Program EIR, and focus subsequent tiered environmental review, if any, solely on new effects which had not been considered before in the Program EIR. If.additional tiered analysis is necessary after the completion of the Initial Study (e.g. a Mitigated Negative Declaration or focused EIR), ESA will prepare a scope of work and budget for the same for the approval of developer and City. B. Technical Issues and Tasks 1. Aesthetics/Visual Impacts Issues The proposed project site falls within and would require amendments to the following: the General Plan, Zoning Regulations, and possibly to both the Central Business District Redevelopment Plan and the Sierra Vista Redevelopment Plan. This project will, among other things, allow construction of "an urban village" with up to 8,000 residential units.in condominium complexes, 1.5 million square feet of commercial uses, and 0.5 million square feet of retail. Buildings would range in height from one -story retail buildings to buildings that could exceed 10 stories near transit. Currently occupied by buildings that do not exceed three- stories, the visual quality of downtown area would be transformed by more dense development Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Flans EIR 3-9 3. Approach and Scope of Work designed to attract residents, businesses, and customers. This development would likely become a landmark, visible from several miles away. Using the criteria identified in the CEQA Guidelines Appendix G Checklist, this EWEIS will evaluate the effects of the proposed project on scenic vistas or views, and on the existing visual character in the project vicinity. In addition, the proposed project would be evaluated for its potential as a new source of light and glare in the project area. Thus analysis would not include visual simulations unless specifically requested by the City, nor would it include massing models. Because of the scale of development that would be allowed by the proposed project, this analysis would likely result in a need for design guidelines. Tasks • Generally describe important elements of the visual quality in the regional and local area surrounding the project site, and of the site itself. • Describe existing scenic vistas from publicly accessible locations on or near the project site. • Conduct a site visit, and photograph the project site from key representative public viewpoints in the project vicinity. Consideration will be given to locations along Ramona, Maine, Clark and east west connectors such as Palm and Morgan, and all areas located near parks, and public venues. • Qualitatively discuss the visual impacts of the proposed project, based on available land use plans and other available documents, on nearby existing residences, open space areas, and public rights -oft -way. Assess long -, medium -, and short -range views, as well as specific aspects of the proposed development, if known. • Identify potential sources of intrusive glare and night lighting, including street lights. • Identify existing plans and policies; Zoning Regulations and city codes that would affect the visual quality of the proposed project, including light and glare. • Describe the visual impacts of the alternatives on nearby residences, the school, and rights-of-way. • Identify mitigation measures that would reduce any significant visual impacts (including cumulative impacts) of the proposed project. 3 -10 Amendments to the Baldwin Park Generaf Plan, Zoning Ordinance and Redevefopment Ptans OR 3. Approach and Scope of Work 2. Air Quality Issues The project site lies within the South Coast Air Basin, which is designated as a "nonattainment" area with respect to state and federal standards for ozone and particulate matter, both respirable (PM)()) and fine (PM2.5). Regional air quality plans have been developed to improve air quality within the Basin through enhanced control measures. The South Coast Air Quality Management District (SCAQMD) is the agency responsible for enforcing air quality regulations in the Baldwin Park area. The District has established not only criteria for assessing the significance of air quality impacts of projects but also screening criteria for determining the necessity of a detailed air quality analysis. The air quality analysis will include a cumulative analysis of the project in combination with other development in the City. Air quality issues for the project include the following: 1) During various construction activities, the project would generate dust that could cause local violations of particulate standards; ozone precursors from engine emissions; and diesel particulate matter (DPM) that has been identified by the state of California to cause cancer. Demolition activities could also release common toxic air contaminants (TACs) such as asbestos and lead paint from demolished structures. 2) Future uses could contribute to regional ozone and particulate matter primarily through the generation of motor vehicle trips. 3) Both construction and operation of the project would result in greenhouse gas emissions. 4) Because the plan area is mostly within the City's Downtown Central Business District with congested and heavily traveled arterial roadways (Baldwin Park Boulevard, Ramona Boulevard) and is just east of Interstate -605 (near Ramona Boulevard), development associated with the proposed project could expose sensitive residential receptors to an increase in criteria air pollutants. ESA does not, however, anticipate the need for a Health Risk Assessment (HRA) to supplement this FIRIEIS. • Discuss the regional and local air quality setting as it pertains to the proposed specific plan. Summarize the local and regional meteorology, topographic factors affecting pollutant dispersion, and ambient air monitoring data. Discuss current air quality management efforts that Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans OR 3 -1.1 3. Approach and Scope at Work may have an effect on the plan. Identify sensitive air pollutant receptors in the proposed project vicinity. • As available from the SCAQMD, investigate existing emissions from nearby industrial and transportation operations, including emissions related to the engines along the MetroLink San Bernardino Line and at the MetroLink Rail Station. • Use the Urban Emissions Model, URBEMIS 2002, version 8.7 model to estimate future criteria air quality emissions from the proposed development. Identify whether the air quality emissions that would be associated with the construction and operation of the proposed project would exceed SCAQMD significance criteria for NO,;, ROG, FM,a and Co. • Discuss recent findings in the ARB's Air Quality And Land Use Handbook: A Community Health Perspective, and, based on the handbook, determine whether the sensitive land uses within the project are likely to be affected by air emissions from the freeway. • Evaluate the estimated emissions of greenhouse gas emissions at a program level • Identify practical, feasible mitigation measures for air quality impacts that would be associated with the proposed Specific flan. Evaluate whether mitigation measures would reduce the impacts below a level of significance and identify the parties responsible for implementing each measure. Incorporate standard control measures provided by the City and/or SCAQMD (e.g., implementation of Rule 403 to control fugitive dust), as appropriate. 3. Biological Resources Issues Most of the 124 -acre project site is located in an area that has been subject to previous disturbance. The project site is neither part a Habitat Conservation Flan nor a natural community conservation plan. The project boundaries do, however, cross Dalton Wash, considered to be waters of the United States. Disturbance of the Wash shores or waters may require both state and federal permits. The project site also provides potential habitat for protected bats. As the first steps in preparing the Initial Study and EIR/EIS Biological Resources section, ESA will review additional existing information on biological and wetland resources in the study area and region and conduct a reconnaissance -level survey of the project site. The reconnaissance survey will validate and update existing information as well as provide a basis for the analysis of direct, indirect, and cumulative impacts on biological resources as well as any wetlands. 3 -12 Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans E1R 3. Approach and Scope of Work Projects approved through the CEQA process should demonstrate that planned land uses are in compliance with the wetland provisions of the federal Clean Water Act (CWA) and with the federal and state endangered species acts (FESA and CESA). CEQA requires consideration of, and a determination of significance for, potential impacts to biological resources, including rare and endangered plants and animals, as well as any wetlands and other sensitive plant communities. This scope does not provide for a wetland delineation or any protocol level surveys. ESA will inform the City and the developer immediately if either are deemed necessary for the purposes of this EHUEIS. Tasks During the CEQA process for the project, ESA will develop an accurate and detailed biological assessment of the project site; an analysis of potential direct, indirect, and cumulative impacts resulting from the project; and the development and refinement of a mitigation strategy for the project. This will be accomplished through the following specific tasks: • Obtain information on special status species, communities of concern and permit requirements through consultation with the California Department of Fish and Game's California Natural Diversity Database (CNDDB), the U.S. Fish and Wildlife Service Endangered Species Office, and the California Native Plant Society. • Verify and assess the relevance of existing biological studies relating to the project region. Determine the applicability of the biological analyses in other available planning and site - specific environmental compliance documents written for the region. • Conduct a reconnaissance -level survey of the project site. For each special status species for which suitable habitat is identified on -site the following specific information will be determined: — Species distribution and abundance; — Species historic and recent status within the region; — Habitat quality ors -site and in adjacent areas; — Species ecology and behavior; and — Aspects of each species' biology that could be relevant in light of the proposed construction, development, and ongoing uses of the project site. • Characterize and describe the extent of natural communities on -site. Determine which communities, if any, are of special concern (e.g., any wetlands) because of their rarity, sensitivity, importance as wildlife habitat, potential to support special status species, or designation as such by State or local agencies, plans, or policies. Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans Elf? 3 -1.3 3. Approach and Scope of Work Characterize Dalton Wash and its potential relationship, if any, to biological resources. Summarize and evaluate federal, state, and local regulations and policies as they pertain to biological resources on the project site. Based on the above actions, identify potential biological resources impacts, including cumulative impacts. Propose mitigation measures to reduce impacts to less - than - significant levels when possible. 4, Cultural /Archaeological Resources Issues Baldwin Park's history dates as far back as 1860 when it was used for cattle grazing as part of the San Gabriel Mission, located approximately 10 miles west in what is today known as San Gabriel. hater, north of Ramona Boulevard, small farms and vineyards dominated what became known as Vineland. In the 1890s, a general store was located at Los Angeles and La Rica, and the first school was located at N. Maine Avenue and Los Angeles. In 1914, the.community'.s name was changed to Baldwin Park and the city was incorporated in 1956 as a general law city. The City's Central School Auditorium is an historic building that has been renovated for use as the City's Cultural Arts and Recreation Center. ESA will provide general research and a reconnaissance -level survey for the EIRIEIS. However, ESA will rely on work provided by Kaplan Chen Kaplan, which will provide a scope and cost estimate in the near future. This following scope of work is designed to be adequate for the purposes of compliance with CEQA. If potentially significant cultural resources that cannot be avoided by the project are identified, additional tasks not covered by this scope of work may be necessary. Tasks • ESA archaeologists will conduct prefield research necessary before field studies. Prefield research will include a records search at the appropriate Information Center of the California Historical Resources Information System; and contacts with the Native American Heritage Commission and appropriate Native Americans. This research will result in the identification of any known or suspected historical resources at the proposed project site and will be used to guide field studies. ESA cultural resources staff will evaluate the project site and related structures on the property for their potential eligibility for listing in the National Register of Historic Places (NRHP) and the California 3 -14 Amendments to the Baldwin Park General Alan, Zoning Ordinance and Redevelopment Plans E1R ESA3. Approach and Scope of Work Register of Historic Resources (CRHR), using the standard evaluation criteria established for these listings. A reconnaissance level pedestrian survey will be conducted in project areas with exposed and visible native surfaces. Any identified archaeological sites will be recorded using standard California Department of Parks and Recreation Primary Record forms. For archaeological sites, if any are identified, an assessment of the project's potential impacts will be made and a preliminary assessment of the site's potential eligibility will be conducted. A complete evaluation of archaeological deposits generally involves controlled excavation and is not included in this proposed scope of work because it is unlikely that this will be necessary. The scope and cost estimate for an independent assessment of any potentially historic buildings will be provided at a later date. Based on the evaluation of potential cultural and archaeological resources at the site, ESA staff will prepare the Cultural Resources section of the Dram EIR/EIS, which will describe the existing setting, the regulatory setting, and identify impacts (including cumulative impacts) and potential feasible mitigation measures that would reduce or avoid any potentially significant impacts, if needed. 5. Geology, Soils, and Seismicity Issues The project site trends slopes gently downward from the northeast to the southwest. The site is near, but not adjacent to local quarries, located along I -605 and the San. Gabriel River, and located north in Irwindale. The City requires project - specific geotechnical reports as a part of a development application, and therefore a site - specific geotechnical report is not included as part of this scope. . Tasks • Review available data on the geologic conditions of the proposed project site using published reports and maps. Evaluate, summarize, and critically review existing geotechnical investigations of the site for completeness and consistency with known information about geological and seismic hazard conditions of the areas. Summarize regional reports on soils, geologic materials and groundwater levels. Verify the reported conditions and the current site status by completing a site reconnaissance visit. Using the soil association maps, identify soil types present at the proposed project site and identify related key soil constraints. These constraints may include depth, permeability and susceptibility to high groundwater, limitations for foundation bearing and placement of buried infrastructure and roads. identify any special problems, such as Amendments to the Baldwin Park. General Plan, Toning Ordinance and Redevelopment Plans EIR 3-15 3. Approach and Scope of Work expansion and shrinkage problems (shrink/swell), poor drainage, and compressibility. • Identify and describe the major earthquake fault systems in the region and their distance to the site, and update their earthquake histories, maximum probable and credible earthquake (moment) magnitudes, recurrence probability, and general potential to affect the project site. • Using available maps and reports of the California Geological Survey (CGS), the Geological Survey (USGS), and local fault studies, if available, identify the presence of any known or suspected earthquake faults. Using published information, identify whether any portion of the site is known to contain soils subject to liquefaction and/or soils and conditions that may be potentially subject to such hazard based on their known performance elsewhere. If such site constraints are present, discuss the potential limitations that such faults may pose for site development. • Describe proposed grading associated with the project, and the potential for soil erosion during construction. Identify how soil conditions at the project site may influence the design and future performance of the proposed storm water drainage system. • Identify measures to mitigate significant impacts (including cumulative impacts), if any are found. 6. Hazards and Hazardous Materials Issues The project site includes at least one brownfield that is also a Superfund site. The project area may also include other sites that could result in contamination to soil or groundwater or those that could expose construction workers and future residents to certain health hazards, from sources such underground storage tanks at the site or in the vicinity. Such activities could have produced soil contamination that might still be present. Any residual contamination that might be present in the project area could pose health threats to workers or future residents, and could pose constraints to development. Construction of the proposed project could result in short-term hazards associated with construction materials and discharge of contaminated water. California Environmental (a scope and cost estimate are attached) will coordinate preparation of a Phase 1 for the entire project area. ESA will prepare the Hazards/Hazardous Materials section of the EIWEIS, based on the Phase 1, prepared by California Environmental. The project site is not located within two miles of a public or private airport or airstrip. 3 -16 Amendments to the Baldwin Park Genera[ Pian, Zoning Ordinance and Redevelopment Plans EIR 3. Approach and Scope of Work Tasks • Summarize applicable federal, state, and local hazardous waste regulations as they pertain to conditions in the project area. • Review for completeness, environmental site assessment reports and review soil testing reports, if available. If applicable, review underground storage tank installation and removal data. • Perform a reconnaissance /survey of the project area to assess current uses and any evident signs of hazardous waste storage, contamination, or potential sources of contamination. Discuss the potential for asbestos and lead -based paint to be present in the structures located on the project sites. • ESA will coordinate the completion of a Prase I hazards report by California Environmental; ESA will also peer review the report and incorporate the final version in the EI /EIS. • Based on information gathered, describe activities known to have produced hazardous wastes or soil contamination or to have caused releases of hazardous materials in the project area, if any. Identify and discuss known contamination of soil or groundwater in the project area. Include areas, if any, that have not been tested but where contamination is likely based on known land use. • Based on information gathered, document the history and compliance status of any historic remediation activities conducted on, and in the immediate vicinity of, the project site. • Discuss general impacts on public health and safety of contaminants found in the project area, if any. In a generic manner, discuss the potential for site workers during project excavation and construction to be exposed to the hazards described above (if any are identified). Identify potential hazardous waste - related impacts on workers during project construction. Identify impacts, if any, of hazardous waste disposal on waste handlers, public health, and the environment. • Based on information provided by the applicant, prepare a brief discussion of the range of hazards posed by the project. Discuss, in a generic manner, the potential for the project to handle hazardous materials, generate hazardous wastes, or produce toxic discharges, if any. Identify impacts of hazardous materials use, if any. Discuss potential health hazards or other risks from use of those hazardous materials. Describe required health and safety measures employed to minimize potential health hazards. • Based on available information, describe potential fire safety issues for the project site. • Provide mitigation measures for any identified significant impacts. Amendments lo the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans E!R 3 -17 3. Approach and Scope of Work 7. Hydrology, Drainage, and Water Quality Issues The project area is extensively developed and would not be expected to result in the creation of impervious surface area that would be larger than existing impervious areas. Dalton Wash provides drainage for a portion of the project site; the Santa Fe Reservoir, -located in Irwindale, is operated by the US Army Corps of Engineers, and is a detention basin north of the project site designed as part of a system to prevent flooding along the San Gabriel River. The project site is located within the flood inundation area for the Reservoir. This scope assumes that the developer would provide a drainage study and/or that the City would require a drainage study from the developer because of its location. However, ESA will consult with Fuseoe as appropriate. Tasks • Discuss existing climatic conditions in the project's vicinity, including the amount and distribution of precipitation. • Discuss and evaluate existing and post - project hydrology of the project area, including runoff concentration, points of surface water collection, off-site discharge, and locations and character of surface water features on the site. Identify any history or known sources of pollution from the sites or vicinity that may affect the projects. • Review flood hazard insurance maps from the Federal Emergency Management Agency to describe the extent of flood hazard and inundation depth at the sites and vicinity. • Describe requirements of the National Pollutant Discharge Elimination System (NPDES) storm water pollution prevention permits as administered by the Regional Water Quality Control Board. The proposed projects would disturb over one -acre and therefore may require an NPDES construction permit. Discuss requirements and provisions of the Storm Water Pollution Prevention Plan (SWPPP). ESA's work scope does not include preparation of an SWPPP. • Discuss and evaluate the effects that proposed grading would have on the existing hydrology of the site, including formation or alteration of drainage courses. Identify potentially significant soil erosion hazards resulting from exposure of bare soils to wind and water erosion. • Based on information from the project sponsor's engineering consultant, describe the proposed storm drain system and discuss the potential effectiveness of the proposed system features and related operational and maintenance requirements. • Qualitatively describe potential sources of surface and groundwater pollution from short -term grading/construction and long -term operation of the project including continued application of herbicides, pesticides, petroleum hydrocarbons, oil and grease, and other 3 -18 Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans E1R r" ESA 3. Approach and Scope of WoT% pollutants associated with general or landscape maintenance. Identify any pollutants that may be related to continued or proposed uses. Identify mitigation to reduce long -term pollutants from entering surface water systems and adversely affecting water quality downstream. • Using published reports of the USGS, California Department of Water Resources, the Regional Water Quality Control Board, and local agencies, discuss local and regional groundwater conditions and policies at the site. Describe existing water quality issues associated with the project site and discuss how the project may impact water quality of storm runoff generated from the site. Identify and evaluate the significance of issues related to high groundwater conditions or to groundwater withdrawal. Describe impacts that the project's construction and long -term use could have on groundwater quality. • Based on data and calculations provided, qualitatively evaluate whether a significant increase in peak flood flows would result from the project through changes in impermeable surface area and alteration of overland sheet flows associated with the proposed storm water collection, + Describe the impact that the proposed project may have on downstream flooding impacts, including the available capacity for the municipal storm drain system to accommodate additional project flows. • Identify practical, feasible mitigation measures, as appropriate, to reduce and control pollutant loads to surface water and groundwater, minimize potential erosion impacts to the project site, for storm water management, and to minimize impacts to groundwater systems. 8. Land Use and Planning Policies Issues The project site comprises a variety of land uses that include single - family, multi - family, institutional uses, commercial, and light and heavy industrial uses. Development assumed for the proposed project could result in a maximum of approximately 8,000 residential condominium units in buildings ranging from five- stories to ten - stories; six -story commercial buildings; and ground floor and one -story retail. This would reshape land uses in the Central Business District and a portion of the Sierra Vista Redevelopment plan area near existing Baldwin Park neighborhoods and would remove older underused industrial uses. Amendments to existing plans and zoning would be required. Tasks • Identify and map existing land uses on the project site and in the immediate vicinity. Amendments . to the Baldwin Park General Plan, zoning Ordinance and Redevelopment Plans E!R 3-19 3. Approach and Scope of Work • Review applicable land use plans, policies and objectives of all public agencies having jurisdiction over the projects, including, but not limited to the General Plan, the General Plan EIR, the applicable redevelopment plans and possible amendments to those plans. • Discuss the project's consistency with City and other relevant land use plans and policies, in accordance with Section 15125[b] of the CEQA Guidelines. • Discuss the maximum development anticipated by the proposed project and the compatibility of those uses with adjacent land uses and the compatibility of the proposed project in concept with relevant land use plan general goals and policies. • Discuss briefly the relationship of the proposed project to development plans for adjacent and nearby properties. + Discuss the changes in land use and character of the sites and surrounding areas that would result from proposed development. Discuss the compatibility between the proposed use of the project areas and adjacent uses. • Discuss whether the project would directly or indirectly divide the established neighborhood(s) adjacent to the site. • Identify measures to mitigate any identified land use impacts. 9. Noise Issues The proposed project would permit dense residential uses, which are often the most sensitive noise receptors, and which would be affected by increases in roadway noise and exposure to noise from trains, including the MetroLink. The City's 2020 General Plan Noise Element identifies future Community Noise (CNEL) 65 dBA contours that extend approximately 250 feet from the centerlines of Ramona Boulevard and Baldwin Park Boulevard. However, with the proper mitigation (i.e., sound rated window and wall systems) both residential and other uses (i.e., office, retail, and community uses) can generally be located near these heavily traveled roadways; this will be explored in the noise analysis. Development anticipated by the proposed project would contribute to the cumulative future traffic near the project area. The noise analysis will use a combination of trip generation information from the traffic analysis with actual noise measurements collected in the project area.to determine future noise levels at off -site sensitive receptor locations. 3 -20 Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans EIR ESA3. Approach and Scope of Work Tasks Describe and discuss existing major noise sources in the vicinity of the project area based on. information available from the Baldwin Park 2020 General Plan Noise Element, field reconnaissance, and site specific noise measurements (described below). • Summarize applicable noise regulations, policies, and standards, including the Baldwin Park noise /land use compatibility guidelines in the City 2020 General.Plan Noise Element as well as any applicable ordinances- • Identify the noise - sensitive land uses or activities in the vicinity of the Specific Plan area and roads that will receive traffic from the Specific Plan land uses. • Conduct noise measurements to define the existing noise levels generated by traffic from Ramona Boulevard and Baldwin Park Boulevard and MetroLink San Bernardino train station. Noise measurements will include up to four 48 -hour measurements and up to eight (8) short -term 15- minute measurements. • Based on applicable laws, policies, and regulations, develop significance criteria to be'applied to the impact analysis. Assess the level of impact based on the identified significance criteria and the noise modeled for the project. • Evaluate the potential for significant noise impacts (including cumulative impacts) based on the estimated change in noise levels at the most noise- sensitive uses (i.e., residential buildings). • Predict future noise levels based upon existing noise measurements at the site and changes in the future traffic volumes. The analysis will focus upon both the ofsite and offsite noise effects of traffic from the Specific Plan. • Review the buffer distances between the MetroLink train and adjacent uses. At a programmatic level identify areas that could be affected by vibrations from the train. This review will be based on recommended buffer distances identified in Transit Noise and Vibration Impact Assessment, 2006. • Identify feasible, appropriate noise mitigation measures to avoid or reduce adverse impacts in consultation with the City of Baldwin Park. Optional Task If necessary, site specific vibration measurements could be included to help define appropriate setback distances from the train and/or architectural treatments for structures near the train. ESA will provide a cost estimate once the desired scope is agreed upon. Amendments to the Baldwin Park General Plan, Toning Ordinance and Redevelopment Plans EIR 3-21 3. Approach and Scope of Work 10. Population and Housing Issues The proposed project would allow dense residential, commercial, and retail development, now occupied by a much lower number of residences, businesses, and institutional uses. The project would result in substantial number of new residents, employees, and customers at the site throughout the day. This section will make use of a technical report to be prepared by Hamilton, Rabinovitz & Alshuler, Inc. (HRA), which will provide background information on the number of existing residents, employees, and customers, and project, by phase, the number of future residents, employees, and customers as a result of the proposed project to 2030 or whichever year is agreed upon by the developer and the City. A proposed scope and cost estimate are attached. Tasks ESA will: + Peer review HRA methodology and conclusions. + Describe existing conditions at the site, based on the HRA report. + Describe population and housing trends in the vicinity, based on US Census data and data provided by SCAG and State Department of Finance. • Summarize all applicable plans and policies that address growth inducement and population growth. • Summarize all applicable plans, policies, and regulations that affect housing development within the City, particularly the General Plan Housing Element, and redevelopment plans, as well as regional plans and state law. + Assess the likelihood that the project would directly or indirectly induce additional growth in the area (or result in a decrease in growth in the area) based on new infrastructure, the provision of shopping opportunities, etc. + Propose feasible mitigation measures, if needed. 11. Public Services and Utilities Issues Development on the project site would increase the demand for public services and utilities in the City of Baldwin Park. Although the immediate area is generally developed, the proposed project may also require expansion 3 -22 Amendments to the Baldwin Park General Plan, Zoning Qrttinance and Redevelopment Plans Elk 3. Approach and Scope of Work of the City's public utility infrastructure. The development allowed by the proposed project would result in additional people (residents, employees, shoppers, and other visitors) on the site, which would result in an increased need for fire and police protection services. Increased employment opportunities and new residential development would also contribute to increased demand for other public services such public schools, local public parks and recreational facilities. Working with the developer and City staff, ESA will assess the need for utility services, which include water, sanitary sewer service, solid waste disposal (including recycling), gas, electricity and communications services. The project would require an SB 610 water assessment by the City's water provider(s). Tasks ESA will send out letters to all service providers and utility companies to request background information, such as the existing demand for services at the site, and questions such as how the project could affect the provision of services at the site. Fire Protection and Emergency Medical Services • Describe existing fire protection and emergency medical services, including the station and service locations, response times, staffing and equipment, and agreements with other jurisdictions. + Describe average number of calls for assistance, and types of incidents for which calls are made. • Describe any existing policies for fire protection and emergency medical services from applicable plans. • Describe applicable city, county, and state code requirements for fire protection, including required plan reviews and assessment fees. + Describe plans the City may have for future fire stations or expansion of the staff. • Describe the developer's plans for fire protection at the site. • Describe where fire hydrants would be required and whether or not there is adequate fire flow for development at the site. • Determine whether additional fire protection or emergency medical services staff or equipment would be required to provide service to the proposed project. • Assess whether new or expanded public facilities would be required to serve the project. If additional facilities are required, assess whether Amendments to the Baldwin Park General Plan. Zoning Ordinance and Redevelopment Plans EIR 3 -23 3. Approach and Scope of Work the facilities could have a substantial adverse impact on the environment. • Identify approved and/or foreseeable future development in the City that, in combination with the proposed project, could result in significant cumulative impacts on the provision of fire protection and emergency medical services. + Identify measures to. mitigate any identified impacts on the environment generated by a need to expand or improve fire protection, and emergency medical services. Police Protection Services • Describe existing police protection services in the proposed project area and current response times. • Describe any existing policies for police protection and emergency medical services from applicable plans. • Describe applicable city, county, and state code requirements for police protection, including required plan reviews and assessment fees. it Describe plans the City may have for future police stations or substations or expansion of the staff. • Describe the developer's plans for security at new development(s). • Describe current relevant crime statistics. • Assess the number of additional personnel and/or equipment that would be required on site as a result of the new development. • Assess whether additional security procedures would be required as a result of new development. • If additional personnel and/or equipment are required, assess whether new or expanded facilities would be required; describe whether new or expanded facilities could have a significant impact. • Identify approved and/or foreseeable future development in the City and surrounding area that, in combination with the proposed project, could result in significant cumulative impacts on the provision of police protection services and security procedures to the project site or vicinity. • Identify measures to mitigate any identified impacts on the environment generated by a need to expand or improve police protection services or security procedures. Public Schools • In consultation with the school officials, ESA will describe current student enrollments and capacities at the schools within the school districts that could serve the project. • Describe any plans for expanding or locating new schools in the area. 3 -24 Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopmeni Plans E!R ESA3. Approach and Scope of Work • Discuss any potential school impacts fees that may apply to the project to ameliorate potential school impacts. • Describe the Leroy Greene School .Facilities Act and its applicability to land use decisions under CEQA. • No mitigation measures are anticipated. Parks and Recreation Facilities • Identify existing parks and recreational opportunities in the vicinity of the project site. • In consultation with the City, evaluate the effects of the proposed project on existing or proposed recreational facilities in the project area, and generally discuss effects in the surrounding community. • Identify measures to mitigate any identified impacts to recreational facilities or to the environment as a result of recreational facilities needed as a result of the proposed project. Public Utility Services • Identify utility service providers at the project site. • Contact utility service providers to obtain information regarding their ability to service the development proposed at the site based on existing infrastructure, as well as the size and type of proposed development. • Identify the goals and policies of The Solid Waste Diversion Program as well as legislation, including AB 939 and AB 2020, that are relevant to the project. Discuss current compliance with relevant agencies and legislation. • Estimate solid waste generation from project development and operation and identify potential impacts on the collection service and on landfill capacity. • Contact the local solid waste service provider to obtain information regarding the capability of that operator to serve the proposed project. • In consultation with Fuscoe, the developer's civil engineer, estimate the domestic and emergency fire flow requirements for the project and in consultation with the applicable water service provider, and determine the availability of public water supplies to serve the project site. • In consultation with Fuscoe, the developer's civil engineer, estimate project demand for water and assess the ability of the current water provider to provide adequate water at the site. • In .consultation with the City's and applicant's engineers, identify any special measures necessary to serve the project. • Describe sanitary sewer transport facilities proposed under the project and nearby. Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plans E1R 3 -25 3. Approach and $rope of Work • In consultation with Fuscoe, the developer's civil engineer, estimate sanitary sewer flows from the project, and in consultation with both Fuscoe and the City, estimate the demand for waste water treatment. • In consultation with the applicable public wastewater treatment provider, describe wastewater treatment facilities that would serve the project and describe the plant's capacity to serve the project. • Identify feasible measures to mitigate any identified impacts on the environment generated by a need to expand or improve utility capacity and/or the delivery of services as a result of new project development. • Potential project - associated impacts associated with storm drainage will be addressed in the Hydrology and Water Quality section of the EIR/EIS. • Identify measures to mitigate significant impacts if any are found. 12. Traffic, Circulation, and Parking Issues Linscott Law & Greenspan will complete a traffic impact analysis that will provide a description of existing traffic conditions in Baldwin Park; forecast traffic conditions after completion of development anticipated in Phase 1, at completion of the development anticipated by the project, and in the horizon year; and will analyze potential circulation and parking issues. A detailed scope and cost estimate are attached as a part of this scope. Tasks ESA will: • Coordinate with Linscott Law & Greenspan on the scope of the traffic study. • Peer review the traffic impact analysis; • Based on the traffic study, write the traffic section of the EIR/EIS; • Incorporate all graphics from the traffic impact analysis; • Incorporate the mitigation measures identified in the traffic impact analysis. 13. Growth Inducement Growth permitted by the proposed project could result in intended or unintended growth in nearby neighborhoods, or nearby cities. The Growth Inducement section of the EIR/EIS will be written by HRA and peer reviewed by ESA. A scope and cost estimate for growth inducement is included in HRA's attached. scope and cost estimate- 3-26 Amendments to the Baldwin Park General Alan, Zoning Ordinance and Redevelopment Plans E1R ESA3. Approach and Scope of Work Amendments to the Baldwin Perk General Pfan, ,Zoning Ordinance and Redevelopment Plans EIR 3-27 a y1 SCOPE AND COST ESTIMATE California Environmental Amendments to the Baldwin Park Genera! Pfan, Zoning Ordinance and Redevelopment Plans OR ATTACHMENT 3A —CALIFORNIA ENVIRONMENTAL Cali forma 0 1\ ei engineers Environmental PROPOSAL ENVIRONMENTAL SITE ASSESSMENT - PHASE T Baldwin Park Redevelopment Project Central Business District North and South Sierra Vista #2 and Sierra Vista #3 FOR CITY OF BALDWIN PARK AND IRELL AND MANELLA LLP c/o ESA COMMUNITY DEVELOPMENT 707 Wilshire Boulevard, Suite 1450 Los Angeles, California 90017 Attention: Deborah H. Kirtman Dear Ms. Kirtrnan: February 8, 2007 As requested, California Environmental is pleased to present this proposal to conduct a Preliminary Environmental Site Assessment - Phase I on the subject property. Preparation of this proposal follows a meeting conducted at the office of Irell and Manella with the project team. The project area encompasses the central business district within the City of Baldwin Park in the general vicinity of Baldwin Park Boulevard and Ramona Boulevard. The project area has been divided into four core areas which include the Central Business District North, Central Business District South, Sierra Vista #2, and Sierra Vista #3. The project civil engineer has provided a summary of the project cadastral information. The project area encompasses approximately 117 acres. There are residential, commercial, industrial, and government owned lands within this property mix. Most of the properties are developed. The developments include single - family residences, multi - family residences, retail, commercial, and some industrial developed sites. Review of preliminary use data indicates that one service station, along with several auto repair facilities, and manufacturing facilities are present on about two dozen properties. Most of the properties are not currently owned by the City of Baldwin Park, and therefore, access may not be obtainable for some of these sites. MYRO California Environmental Geologists & Engineers, Inc. Central Business District North and South; Sierra Vista #2 and Sierra Vista #3 February 8, 2007 City of Baldwin Park, California Page 2 For this project, California Environmental is recommending that the report and our investigation conform to the four Baldwin Park redevelopment areas as delineated by the City. The report will contain a detailed description of individual properties along with the identified recognized environmental conditions (if any), associated with each of the four sub areas. California Environmental proposes to prepare a synopsis of environmental concerns identified in lieu of a fall ASTM 1 527 -05 All appropriate Inquiries Report. This is deemed appropriate since some significant data gaps such as the inability to access specific parcels may be encountered. Ultimately, once the project is finalized, a complete ASTM Compliant 1527 -05 report will be prepared. The surrunmy report proposed for this phase of the project will assist the E1R consultant in preparing the CEQA documentation. Site assessments are performed in two phases. A Phase I consists of research of data regarding the site utilization history. In addition, a site reconnaissance is performed to observe the property and to view adjacent properties for potential impacts on the subject property. A Phase 11 includes a subsurface exploration to test for soil or groundwater contamination. The scope of this proposal is for a Phase I study. The American Society for Testing and Materials (ASTM) has published standards for performing preliminary environmental assessments. The proposed Phase 1 Preliminary Environmental Site Assessment will comply with ASTM E 1527 2005, Standard Practice for Environmental Site Assessments, and the final report is intended to satisfy the requirements of all appropriate inquiry for CERCLA liability protection. For this phase of the study, a summary report will be prepared. The following is the Scope of Work of our Phase I Environmental Site Assessment. t) Records Review - Research publicly available records to identify past and present owners of the site and nearby properties, as well as property usages. These records are helpful in ascertaining portions of the property or nearby sites, where storage, use or disposal of hazardous substances may have occurred. The following standard environmental record sources will be searched: o Federal National Priorities List (NPL Superfund) site list ♦ Federal CERCLIS list ♦ Federal RCRA transport, Storage & Disposal (TSD) facilities list ♦ Federal RCRA generators list ♦ Federal Emergency Response Notifications System (ERNS) list * CA CalSites list a CA Cortese list ♦ CA Solid Waste Assessment & Testing (SWAT) list ♦ CA Regional Water Quality Control Board (LUST, SLIC) list CBP.PRo California Environmental Geologists & Engineers, Inc. Central Business District North and South; Sierra Vista #2 and Sierra Vista 43 February 8, 20€37 City of Baldwin Park, California Page 3 Local environmental record sources will also be researched. ♦ Leaking Underground Storage Tank (LUST) list a Fire Department Hazardous Materials Information ♦ Air Pollution Control District ♦ Environmental Health Department Standard historical sources will be researched to ascertain land use for the past 50 -100 years. These will include the following sources, depending on availability: ♦ City directories ♦ Historical topographic maps ♦ Sanborn fire insurance maps ♦ Aerial photographs ♦ Building pen -nit records 2) Site Reconnaissance - Conduct a reconnaissance of the property to observe evidence of hazardous substance use, storage or disposal onsite or nearby. It is understood that some properties may not be accessible. Visually check for the presence of onsite tanks. Identify current and past uses of the property and adjacent properties where possible. Observe and describe the topographic, hydrologic and geologic setting of the property. 3) Interviews - Conduct interviews with current and prior owners and occupants of the property when contact information is provided and/or available. A questionnaire will be completed for each interview. Interviews may also be conducted with local governmental officials, or others with knowledge of the site history. Review documentation of onsite activities, such as material safety data sheets, process manuals, safety plans, etc., where available. 4) Report - Present our findings in a summary report suitable for use by the project team agency review. This report may recommend that a subsurface exploration be performed as a separate phase of work. 5) California Environmental is asking the City of Baldwin Park, the property owner, key site manager, i = and/or current user(s) of the subject property to determine if any of the following helpful documents exist and, if so, California Environmental requires a copy of such documents prior to the site walls. Environmental site assessment reports 4 Environmental compliance audit reports ♦ Environmental permits ♦ Registrations for underground and aboveground storage tanks ♦ Registrations for underground injection systems Material safety data sheets ♦ Community right -to-know plan CnPTRO California Enviromnental Geologists & Engineers, Inc. Central Business District North and South; Sierra Vista #2 and Sierra Vista #3 February 8, 2007 City of Baldwin Park, California Page 4 Safety plans t Reports regarding hydrogeologic conditions on the subject property or surrounding area. ♦ Notices or other correspondence from any government agency relating to past or current violations of environmental laws with respect to the subject property or.relating to environmental liens encumbering the subject property Hazardous waste generator notices or reports ♦ Geotechnical studies Risk assessments ♦ Recorded Activity and Use Limitations (AULs), such as a deed restriction or environmental liens, (should be contained in Title Data to be provided by Fidelity). Califomia Environmental is requesting assistance to contact the property owner, key site manger, and/or current user(s) of the subject property to assess if they have any knowledge of the following: s Any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the subject property. ♦ Any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on, or from the subject property. ♦ Any notices from any governmental entity regarding possible violations of environmental laws or possible Iiability relating to hazardous substances or petroleum products. The following issues are beyond the scope of this proposal. Indications of potential hazards associated with these issues will be noted if encountered during the Phase I Assessment, but these issues will not otherwise be assessed unless requested as additional work. ♦ Sampling of asbestos- containing materials ♦ Radon sampling ♦ Lead-based paint sampling Lead in drinking water sampling ♦ Wetlands or other natural resource issues We propose to conduct the Phase I Environmental Site Assessment Summary and Final ASTM1527 -2005 Compliant Final Report per the following cost breakdown. Should you desire California Environmental to execute the above - described work„ please provide written authorization to proceed. CBP_PRO California Environmental Geologists.& Engineers, Inc. Central Business District North and South; Sierra Vista #2 and Sierra Vista #3 February 8, 2007 City of Baldwin park,. California Page 5 Cost Breakdown 1. Principal manager and Meetings 40 hrs. @ $200/hr. = $8,000.00 2. Site Walkovers, Interviews, and Field Work 300 hrs. @ $105/lm = $31,500.00 3. Office Data Reduction, Research 150 hrs. @ $105/hr. = $15,750.00 4. Office Stall', Drafting and Support 120 hrs. @ $75/hr. = $9,000.00 5. Outside Services Environmental Database Reports = $1,500.00 Sanborn Maps = $850.00 City Directories = $500.00 Aerial Photographs - $350.00 Topographic Maps = N/C Building Permit Records = $6,000.00 Review of Title Reports — Environmental Liens = $2,500.00 Expenses — Graphics and Report Copies = $3;500.00 $79,450.00 The Phase I Summary can be completed within 5 -6 weeks following our receipt of the authorization to proceed. California Environmental maintains $2,000,000.00 General Liability Insurance and $2,000,000.00 Professional Liability/Contractor's Pollution Insurance. Any questions regarding this proposal should be directed to the undersigned. Respectfully submitted, Charles 1. Buckley President i Encl. Fee Schedule Cc: Mr. Eric Hoffman CBP.PR© California Environmental Geologists & Engineers, Inc. .E S. SCOPE AND COST ESTIMATE Hamilton, Rabinvi z & Alschuler, Inc. Amendments to the Baldwin Park General Plan, Zoning Ordinance and Redevelopment Plens E!R ATTACHMENT 313 -- HAMILTON, RABINOVITZ & ALSCHULER, INC. Analyze. Advise- Act. WmILTON, RABINOviTz & ALSCHULER, INC. Policy, Financial & Management Consultants February 12, 2007 VIA ELECTRONIC MAIL Deborah Kitman ESA 707 Wilshire Blvd., Suite 1450 Los Angeles, CA 90017 Re: Bisno Development Company Proposal for the Baldwin Part Downtown Redevelopment Project Dear Deborah: In response to your request, Hamilton, Rabinovitz & Alschuler, Inc. {HR &A} is pleased to present this proposal to prepare technical reports and certain other analyses for the pending Program Environmental Impact Report {PEIR} on the project referenced above. As we understand it, the PEIR will analyze a project that has been defined at a conceptual level to include about 8,000 dwelling units, 1.5 million square feet of commercial office development and 0.5 million square feet of retail uses. The project site involves the current Central Business District Redevelopment Project area in the City of Baldwin Park C'City") and portions of the City's Sierra Vista Redevelopment Project area. We further understand that the PEIR is being developed at the same time that a variety of other entitlements will be processed, including Redevelopment flan amendments, General Plan amendments, zoning code amendments and development of a Specific Plan. Entitlements for more specific project elements, and related environmental review, will follow at a later date. Simultaneously with the scope of work described herein, HR &A will be preparing related analysis directly for Bisno Development Company, including an analysis of the tax revenues generated by the project and a general assessment of how these revenues compare with the cost of public services required to serve the project. HR &A is a full service policy, financial and management consulting firm. Pounded in 1976, the firm has a distinguished track record of providing realistic answers to complex housing, real estate, economic development, public finance and strategic planning problems. HR &A clients include Fortune 500 corporations, all levels of government, the nation's leading foundations, and not -for profit agencies_ The firm has extensive experience working for the legal community in such roles as court- appointed special master, consent decree monitor, technical advisor and expert witness. 2800 28TH STREET, SuiTE 325, SANTA MONICA, CALIFORNIA 90405 • TFL: 310.581.0900 • FAx: 310.581.0910 Los Angeles No. California Portland, OR New York Deborah Kitman ESA February 12, 2007 HR &A's practice lines include real estate analysis and advisory services, local and regional economic analysis, economic development program formulation and analysis, fiscal impact analysis, land use policy analysis, development impact fees, housing policy research and analysis, population forecasting and demographic analysis, transportation and other capital facilities analysis and financing. HR &A's domestic and international consulting is provided by a staff of 30 people located in offices in Los Angeles area, Carmel, California, Portland, Oregon and New York. Staff members include public finance professionals, planners, economists, architects, lawyers, and experienced project managers. Virtually every member of the firm has substantial public or private sector experience in financial and policy analysis, real estate development and planning. Proposed Scope of Work HR &A proposes to provide the following services for the PEIR, consistent with the general level of detail that will be available for the project: Prepare a Technical Report on .Employment, Housing and Population Impacts This task includes conducting research and analysis about recent trends, base year (2006) and baseline future (2030) employment, housing and population characteristics and forecasted growth in several official geographic areas relevant to the project, including the County of Los Angeles, the Southern California Association "of Governments' (SCAG) San Gabriel Valley Subregion, the City of Baldwin Park, and the project boundaries. Recent trends will be based on 2000 US census data; 2006 base year and 2430 baseline future will be based on SCAG's regional growth forecast adopted as part of the 2004 Regional Transportation Plan.' The Project's direct employment, housing and population characteristics, including impacts associated with new development, existing development to be demolished, and any households and/or businesses likely to require relocation; will be estimated, described and "` compared with baseline projections for each of the relevant geographic analysis areas. This will i� include estimates of the direct, indirect and induced employment and general economic impacts of the Project (due to construction, annual operation and household occupancy) in Los Angeles -< County, based on the IMPLAN input - output model of the County economy_ The analysis will also include comparisons of Project impacts with official local and regional planning policies it should be noted that SCAG is now in the process of updating its regional growth forecast to coincide with the next update of the Regional Transportation Plan (RTP), The new forecast and RTP are scheduled for adoption in April 2007. This may require certain revisions to HR &A's technical report and the associated DraftP EiR sections. The budget estimate includes an allowance for making such revisions. is HAMILTON, RABINOVffZ & ALSCIiuLER, INC. Page 2 Deborah Kitman ESA February 12, 2007 related to employment, housing and population.2 The Project impacts will be evaluated. against CEQA significance thresholds for these topics as presented in the population and housing section of the environmental checklist in the CEQA Guidelines' Appendix G and any other CEQA thresholds that the City may have adopted for implementing CEQA. We will also evaluate cumulative impacts and impacts of project alternatives. In order to commence work on this task we will need to receive the Project Description, graphics illustrating the project boundaries, and estimates of number and type of existing households and businesses that might be displaced. We will also need to discuss with you the approach that the PEIR will use for cumulative impacts analysis, and the specifications for project alternatives. We will produce one electronic file of the Preliminary Draft Employment, Housing and Population Technical Report, review it with you, City staff and the Bisno Development Company as needed, and produce a final draft that will be included as a technical appendix to the Draft PEIR. We will also be available to assist as needed with the preparation of the Draft PEIR sections on these topics, which will be prepared by ESA. 2. Prepare a Technical Report on Public School Impacts This task includes conducting research and analysis about recent trends, base year (2006) and baseline future (2030) public school facilities, enrollment and the student seating capacity situation in the Baldwin Park Unified School District (BPUSD). The baseline will be based on school- specific data to be provided by BPUSD, including any planned new schools or school expansions. The analysis of project impacts will be based on analysis developed for the Preliminary Draft Employment, Housing and Population Technical Report, which will yield estimates of the project's net direct (from new housing) and indirect (from some new employee households) demand for new school facilities, and student generation rates developed by BPUSD, as reflected in its most recent school fee justification study. Statutory development impact fees will also be estimated, based on current BPUSD fee schedules. The Project's impacts will be evaluated in terms of the applicable CEQA significance thresholds. This analysis will also include consideration of cumulative impacts and project alternatives. Here again, in order to commence work on this task we will need to receive the Project 3 Description, graphics illustrating the project boundaries, and estimates of number and type of existing households and businesses that might be displaced. We will also need to discuss with you the approach that the PEIR will use for cumulative impacts analysis, and the specifications for project alternatives. s SCAG is also in the process of updating its Regional Comprehensive Guide and Plan (RCPG), which is the basis for regional planning policies that are used in its CEQA - related "consistency" determinations. It is unclear at this writing when those revisions will be completed and adopted, and how different these revisions may be as compared to the current RCPG. The need to adjust the HR &A technical reports and associated PEIR sections to reflect any such changes will have to be evaluated at a later date. Any additional cost for HR &A to snake such adjustments is not expected to be significant. HAMILTON, RABINOVITZ & Al scnULER, INC. Page 3 Deborah Kitman ESA February 12, 2007 We will produce one electronic file of the Preliminary Draft Schools Impacts Technical Report, review it with you, City staff and the Bisno Development Company as needed, and produce a final draft that will be included as a technical appendix to the Draft PEIR. We will also be available to assist as needed with the preparation of the Draft PEIR. sections on this topic, which will be prepared by ESA. 3. Growth - Inducing .Impacts Draft PEIR Section Based on the foregoing analyses, HR &A will also prepare the growth - inducing impacts section for the Draft PEIR. This section will respond to CEQA's requirements that the PEIR. evaluate the project for its potential to directly or indirectly foster economic development or population growth, and whether such growth could affect the surrounding environment.' This will include discussion of the project's potential to eliminate impediments to growth and/or otherwise stimulate economic and fiscal activity. This analysis will also include a general assessment of competitive market circumstances between the project and surrounding market areas for the project's residential, commercial office and retaiI uses, consistent with recent interpretations requiring attention to the concept of "urban decay. "a We will produce one electronic file of the draft PEIR section far review with you, City staff and the Bisno Development Company, and revise it as needed for incorporation into the Draft PEIR. In order to complete this task, we will need; in addition to the other information already noted above (i.e.; project description, project boundaries, displacement potential), any information generated by the project team with respect to market research or project positioning in the competitive market. 4. Assist in Preparing Responses to Comments on the Draft PEIR We also propose to assist ESA as needed in preparing responses to public and/or agency comments on the Draft PEIR regarding the analyses prepared by HR &A, along with any other assistance required to complete the Final PEIR. Inasmuch as it is not possible to predict with certainty how many such comments may require our assistance, our budget includes an allowance of time for this task. Only hours actually needed will be billed. S. Assist With Public Meetings and Presentations Response Our proposed budget includes an allowance for time to prepare for and participate in public meetings and hearings when the topics described above may be discussed, which will be used only to the extent that you or the City requests HR &A's participation. Here again, only hours actually needed will be billed. j 3 CEQA Guidelines Sec. 15126.2(d). a For example, Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.AppAth 1 184 E at 1204. HAMILTON, RABINOVITZ &.Ai sCHULER, INC. Page 4 Deborah Kitman ESA February 12, 2007 Project Staffing HR &A proposes to devote its most experienced West Coast staff to this assignment. The core of this team includes most of the same professionals who have provided similar services on a variety of real estate development projects over the past 20 years. All of HR &A's services will be prepared by me and other qualified HR &A professional staff working under my direct supervision. As you know, I am the HR &A Partner who heads the firm's Los Angeles area office. I have been with HR &A since 1986, more than half that time as { one of its seven Partners. My areas of specialization include providing exactly the binds of analytic services described in this proposal. ._ Other HR &A staff who will contribute to the work include Dr. Robert H. Sims, an HR &A Managing Director and its chief economist, Bonnie Gee Yosick, an economic analysts, one or more of the firm's analysts. Project Schedule and Budget HR &A will produce the preliminary drafts of the Employment, Housing and Population Technical Report, Schools Technical Report and growth - inducing impacts section by April 9, 2007. The schedule for revising these documents for publication in the Draft PEIR, and ' assistance with responses to comments and any participation in public meetings and/or hearings will be determined at a later date. HR &A proposes that the Technical Reports and growth- inducing impacts section be compensated on a fixed -fee basis, and that work on the responses to comments and meeting participation be compensated on a time and materials basis, with certain caps, as follows. A copy of our hourly billing rate schedule is included as Attachment A. Our budget also includes a small allowance for customary reimbursable expenses, which we bill at their direct cost to HR &A without mark -up. Employment, Housing & Population Technical Report $17,500.00 r' Schools Technical Report 12,750.00. Growth- Inducing Impacts Section 7,500.00 Allowance for Responses to Comments 12,500.00 Allowance for Public Meetings and Hearings 6.500.00 Total $56,750.00 i� As we understand it, HR &A will provide the foregoing services as a subcontractor to ESA, which will, in turn, contract with the City_ We are prepared to comply with whatever standard contract conditions ESA and/or the City may require. i- HAMILTON, RABINOVrrz & ALscHuLER, INC- Page 5 E Deborah Kitman ESA February 12, 2007 Please contact me by phone (310- 581 -0940) or e-mail (pishra[a A,aol.com) if you have any questions about this proposal_ We look forward to collaborating with you on this unusually challenging assignment. Sincerely, PAUL J. SILVERN, Partner Encl. cc_ Robert Bisno, Bisno Development Company Allan J. Abshez, Esq., Irell & Manella HAMILTON, RAB1NOViTZ & A- T- SCHULER, INC. Page 6 IP(SNA-Artalyze. Advise. Act. 11AmfuroN, RASENOViTZ & ALsc"uLER, INC. Policy, Financial & Managemenr Consultants ATTACHMENT A HR&.A. Hourly Rate Quotation* FY 2006 -2007 Hourly rates for the named individuals and other HR &A staff are as follows: Partners (Hamilton, R.abinovitz, Alschuler) ....... ............................... $450 Partners(Silvern, Baer) .......................................... ............................... 325 ManagingDirectors ................................................. ............................... 250 Principals................................................................. ............................... 200 Directors .............175 Managers................................. ............................... ............................150 Senior Analysts ..1.25 Analysts....................................... ............................... ............................100 ResearchAssociates ................................................... ............................... 75 * Depositions and trial testimony hours are billed at time and one -half. '1 HR &A bills for customary out-of-pocket expenses (e-g., travel costs, mass reproduction, specialized graphics, long- distance telephone, messenger and overnight delivery) at their direct cost to HR &A without marls -up. F 2800 28TH STREET, Stan 325, SANTA MoNicA, CALIFORNIA 90405 • Tel,: 310.581.0" • %Ax: 310.581.0910 Los Angeles No_ California Portland, OR New York SA SCOPE AND COST ESTIMATE Linscott Law & Greenspan Amendments to tha $aldwfn Park General Plan, Zoning Ordinance and Redevelopment Plans EIR ATTACHMENT 3C - LINSCOTT LAW & GREENSPAN February 12, 2007 Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to provide traffic engineering and parking consulting services associated with the proposed Baldwin Park Redevelopment project located in the City of Baldwin Park, California. Based on our recent coordination, it is understood that a traffic impact and parking demand analysis will be required by the City of Baldwin Park as part of the entitlement process. These evaluations will be incorporated into an Environmental Impact Report (ElR) to be prepared for the proposed project. Although the project description and site plans are not yet finalized, we understand that the proposed Baldwin Park Redevelopment project area encompasses approximately 120 acres and overlaps a portion of the City's Central Business District (CBD). The proposed project may consist of the development of multi- family residential, retailfmixed -use, and commercial (e.g., general office, light industrial, etc.) land uses. The project description may be refined as the project team continues the discussions with the City of Baldwin Park representatives and local coilrainunity members. LLG has extensive experience related to preparing traffic and parking evaluations for Engineers & Planners mixed -use and residential projects based on our work on a wide variety of projects Traffic Ms. Deborah. H. Kirtman Transpar#ation Work to prepare a traffic impact study and parking analysis for the proposed Baldwin Parking ESA .lack M. Greenspan, PE #Sep} 707 Wilshire Boulevard, Suite 1450 William A. Law. PElner.l Los Angeles, California 90017 Linsaan, Law & Greenspan, Engineers studies for projects located m Baldwin Park. 284 E. Colorado Blvd. LLG Reference: 1- 063668 -1 suite 400 Pasadena, CA 91161 Subject: Proposal to Provide Traffic Engineering and Parking Consulting 626.796.2322 r Services Associated with the Baldwin Park Redevelopment 626.792,0541 F Project wvuvv.11gengineers.cvrn City of Baldwin. Park, California M 6e7M Comaanu Founded 1965 Pasadena Costa Mesa Dear Deborah.: San Diego Las Vegas Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to provide traffic engineering and parking consulting services associated with the proposed Baldwin Park Redevelopment project located in the City of Baldwin Park, California. Based on our recent coordination, it is understood that a traffic impact and parking demand analysis will be required by the City of Baldwin Park as part of the entitlement process. These evaluations will be incorporated into an Environmental Impact Report (ElR) to be prepared for the proposed project. Although the project description and site plans are not yet finalized, we understand that the proposed Baldwin Park Redevelopment project area encompasses approximately 120 acres and overlaps a portion of the City's Central Business District (CBD). The proposed project may consist of the development of multi- family residential, retailfmixed -use, and commercial (e.g., general office, light industrial, etc.) land uses. The project description may be refined as the project team continues the discussions with the City of Baldwin Park representatives and local coilrainunity members. LLG has extensive experience related to preparing traffic and parking evaluations for mixed -use and residential projects based on our work on a wide variety of projects throughout Southern California. This proposal letter outlines our proposed Scope of Work to prepare a traffic impact study and parking analysis for the proposed Baldwin Philip M. Unsc u, PE n974 -mmi Park Redevelopment project. The following Scope of Work has been developed .lack M. Greenspan, PE #Sep} based on the City of Baldwin Park traffic study guidelines, our recent discussions William A. Law. PElner.l with City staff and project team members, and our experience in preparing traffic Paul W. Wilkinson, PE studies for projects located m Baldwin Park. John c Keating, PE David S. Shvelar, PE John A. Boarman, PE Clare M. Look - Jaeger, PE Richard E. Barretta, PE Keil D. Maberry, PE M 6e7M Comaanu Founded 1965 Ms. Deborah H. K rtman Febtuary 12, 2007 Page 2 SCOPE OF WORK A. TRAFFIC IMPACT STUDY Task 1: Project Mobilization 1.1 Confirm the development description with the project team, work schedule, and assumptions to be utilized in the traffic study. Obtain the current project site plan that illustrates the access scheme to the project site in both hard copy and digital formats- 1.2 Contact City of Baldwin Park Department of Public Works staff to discuss the proposed project and analysis criteria, confirm the study approach, identify pertinent traffic issues and concerns, and formalize the Scope of Work for the traffic study. Task 2: Data Collection and Research In tlus task, we will collect the data necessary to prepare the traffic impact analysis. 2.1 Visit the project study area to confirm existing conditions with respect to existing development, site access, parking use, and areas of congestion. in order to verify our overall understanding of traffic conditions in the area, which might affect this project. 2.2 In conjunction with Task 2.1, confirm the existing roadway striping, traffic control treasures, curbside parking restrictions, adjacent intersection configurations, and other pertinent roadway features. 2.3 Research City of Baldwin Park and LLG files for recent weekday morning (7:00 to 9:00 AM) and afternoon (4:00 to 6:00 PM) peak period manual airing movement counts at tip to 85 intersections to be determined for analysis in conjunction. with City staff The number and location of the study intersections will be verified with City staff prior to commencing the analysis. For purposes of this proposal, it is asstuncd that new manual weekday AM and PM peak period traffic counts will be required at all 85 study intersections. Should City staff and/or authorized representatives from the project team request traffic counts and/or analysis of additional intersections (i.e., more than 85 intersections), an amendment to our contract will be necessary. 2.4 Research City of Baldwin Park and LLG files for recent automatic 24-hour machine traffic counts for up to 20 street segments in the project vicinity. The number and location of the sturdy street segments will be verified with City staff prior to coiTir aencing the analysis_ 0:1j0B 1LZ\3bWCa,amc1%366S Baldwin Park Naposail.doc Ms. Deborah H. Kirtman February 12, 2007 Page 3 For purposes of this proposal, it is assumed that new automatic 24 -hoar machine traffic counts will be required for all 20 study street segments for one weekday and one weekend day. Should City staff and/or authorized representatives from the project tearn request 24 -hour traffic counts and/or analysis of additional street segments (i.e., more than 20 locations), an amendment to our contract will be necessary. 2.5 Research data at the Cities of Baldwin Park, West Covina, Covina, Irwindale, El Monte and the County of Los Angeles regarding the status of other proposed developments (related projects) in the area which may contribute cumulative impacts to the adjacent street system and study locations in the vicinity of the proposed project. The compiled list of related projects will be forwarded for review and approval by City of Baldwin Park staff. Task 3: Trip Generation, Distribution, and Assignment 3.1 Prepare trip generation forecasts for the proposed redevelopment project for a typical weekday over a 24 -hour period, as well as for the commuter AM and PM peak hours. The trip generation forecasts will be derived from trip rates listed in Trip Generation, 7th Edition, published by the Institute of Transportation Engineers (ITE) in 2003. Appropriate trip generation credits will be applied to the forecast to account for the existing land uses in the proposed project study area which are planned for demolition. In addition, applicable internal capture trip generation credits will also be utilized in order to account for the mixed -use nature of the proposed project as well as transit opportunities in the project vicinity. The project trip generation forecast will be submitted for review and approval by City staff prior to finalization. 3.2 Assign the forecast weekday AM and PM peak hour trips expected to be generated by the proposed redevelopment project to the study intersections based on existing and anticipated traffic patterns to and from the project site. The assumed distribution pattern will be submitted for review and approval by City staff prior to finalization. 3.3 Prepare trip generation forecasts for the related projects for a typical weekday over a 24 -/your period, as well as for the commuter AM and PM peak hours utilizing the ITE Trip Generation manual. The forecast weekday AM and PM pear hour trips expected to be generated by the related projects will be distributed and assigned to the street system. 3.4 hi addition to related projects, consider utilization of an ambient traffic growth factor for purposes of assessing the trips generated by related projects that are currently unknown, and/or are located outside the study area. The ambient growth factor to be utilized in the calculations will be confirmed with City staff..przor to eorrrnicniceinent of the analysis. . 0 Ur)13_FILEVIMCCon1r.rc03666 Boldwin Park FroposaIi.doc Ms. Deborah H. Kir€man February 12, 2007 Page 4 Task 4: Proiect Evaluation and Mitigation Mea� 4.1 Prepare weekday AM and PM peak honer Level of Service calculations at the study intersections for the following conditions: (a) Existing Conditions; (b) Future Without Project Conditions; (c) Future With Project Conditions; and (d) Future With Project and Project Mitigation, if necessary. Utilize the City of Baldwin Park's approved capacity analysis methodologies (i.e., Intersection Capacity Utilization method) for Level of Service calculations for study intersections located within the City of Baldwin Park. For those study intersections located within other agencies' jurisdictions, we will utilize their respective capacity analysis methodologies for the determination of intersection Levels of Service. Intersection analyses of up to three adjacent agencies (e.g., City of West Covina, County of Los Angeles, City of Irwindale) are assumed in this proposal. 4.2 Assess the impact of the project based on the results of the peak hour intersection analyses and application of the City of Baldwin Park significance criteria for study intersections located within the City of Baldwin Park. For those study intersections located within the City of West Covina, County of Los .Angeles, and the City of Irwindale, we will utilize their respective significance criteria for the determination of significant impacts. 4.3 Based on this assessment, determine which intersections (if any) will require improvements to mitigate potential traffic impacts associated with the proposed redevelopment project to less than significant levels. 4.4 Provide recommended mitigation measures which may include intersection and/or signalization improvements, striping modifications, the addition of auxiliary turn lanes, traffic control /limitations at site access points, etc. Please note that this proposal asstunes the recommended mitigation measures can be adequately described within the text of the report. Should the City request preparations of plans to further demonstrate the feasibility of the mitigation measures, an amendment to our contract will be necessary. Task 5: Site Access and Circulation Review 5.1 Review the proposed site plan and provide recommendations to address any City concerns regarding site access and internal circulation_ 0:VO8 FILFM6fi51Coni..A3668 Mdwin Pork Pm sa[I.dor Ms. Deborah H. Kirtman February 12, 2007 Page 5 5.2 Provide recommendations regarding the location of site access driveways, the number of driveways, potential turn restrictions, and cornlectivity with the internal site circulation system. 53 Review the need and feasibility for the installation of site access enhancing measures (e.g., installation of left -turn pockets /lanes, acceleration/deceleration lanes, median installation, potential traffic signal modification, etc.). Task 6: Congestion Management Pro am CMP Roadway In act Analysis 6.1 Prepare an analysis of potential impacts at monitoring location($) identified in the 2004 Congestion Management Program for Los Angeles County manual, Metropolitan Transportation Authority, July 2004. The CMP impact thresholds will be reviewed to determine if an analysis is required and, as needed, an evaluation will be prepared of the potential project impacts on the CMP system. 6.2 Prepare an analysis of potential impacts to public transit consistent with procedures outlined in the CMP manual. Task 7: Freewav Se. meat Annalvsis 7.1 Research freeway traffic volumes available from the California Department of Transportation (Caltrans) for segments in the vicinity of the project site, as well as freeway segments identified for analysis /monitoring by the Los Angeles County CMP. 7.2 Assign the forecast AM and PM peak hour trips expected to be generated by the proposed project to the identified freeway segments (i.e., up to five segments) based on existing and anticipated traffic patterns to and from the project site. 7.3 Prepare an analysis of potential impacts to the freeway segments due to the project as required by the CMP manual. The analysis will be prepared in accordance with the procedures outlined in the CMP manual. Task 8: Project Parking Analysis 81 Review the parking requirements for the proposed redevelopment project based on rates provided in the City's Municipal Code. Compare the proposed parking supply and the Code parking requirements and identify any surplus or deficiency. 8.2 Review the feasibility of shared parking for the proposed redevelopment project. Research and review parking rates applicable to the proposed redevelopment project based on the 3 "d Edition of Parking Generation, published by the hnstitute of Transportation Engineers. Identify the parking O:L10ii- 5[L�l1G6illConirsci43GG6 Hatdwin Vaii: Propos ll.doc Ms. Deborah H. Kirtinan February 12, 2007 Page G demand for the project based on a review of these various rates and application of the Urban Land Institute (ULl) Shared Parking methodology. 8.3 Prepare a shared parking analysis to demonstrate the adequacy of the proposed parking supply. Compare the parking demand with the proposed parking supply and identify any surplus or deficiency. 8.4 Review the project parking layout scheme as shown on the site plan and provide recommendations regarding parking access, number and location of handicap accessible spaces, valet parking, tandem spaces, etc., as requested and required_ Task 9: Construction Traffic Impact Analysis 9.1 Obtain from the project team a description of the anticipated construction - related activities during each phase of construction (i.e., grading, material export, structure construction, etc.). In addition,, obtain information regarding trucks (i.e., type, size, number, frequency, etc.), as well as the construction workers (i.e., number ofwarkers, shift times, schedule, etc.). 9.2 Prepare a trip generation forecast of construction traffic related to the development of the proposed project. Compare the construction traffic and the project traffic generation. 93 Assign the forecast AM and PM peak hour trips expected to be generated by construction related activities to the study intersections based on a review of the existing and/or anticipated tnick routes /traffic patterns to and from the project site. 9.4 Prepare AM and PM peak hour Level of Service calculations at the study intersections utilizing the approved capacity analysis methodologies of the respective jruisdictions. 9.5 Assess the traffic impacts during the construction phase of the redevelopment project based on the results of the peak hour intersection analyses and application of the respective jurisdictions' significance criteria. Based on this assessment, determine which intersections (if any) will require improvements to mitigate traffic impacts during the construction phase of the proposed redevelopment project to less than significant levels. 9.5 If necessary, identify improvements to mitigate the potential construction traffic impacts associated with the redevelopment project to less than significant levels. O:'JOii F1LLL166StCantnetL ' i6[iS fiaEri, +'in PaiC hrahosal k.dae Ms. Deborah H. Kirtman Febmary 12, 2007 Page 7 Task 10: Prr aration of the Traffic Impact Study 10.1 Prepare a draft traffic impact analysis in report format which details all of the above mentioned items including our analysis, findings and conclusions. The draft study will be suitably documented with tabular, graphic and appendix material. The draft study will be submitted for your review and review by appropriate members of the project team, 10.2 If necessary, revise the draft traffic impact study based on project team and City staff comments, and submit to the City for review upon your authorization. Task 11: Meeting Representation. Related to Prgaration of the Traffic Impact St dy 11.1 This proposal includes preparation for and attendance by LLG Engineers at up to ten (10) meetings with the project team and/or City .staff as part of the traffic and parking impact study process.. B. EIRIPUBLIC REVIEW CONSULTATION Task 12: Alternatives Assessment 12.1 Prepare trip generation forecasts for up to three project alternatives for a typical weekday over a 24 -hour period, as well as for the commuter AM and PM peals fours utilizing the ITE Trip Generation publication. Appropriate trip generation credits will be applied to the forecast to account for the existing land uses on the redevelopment project site which are planned for demolition. In addition, applicable internal capture trip generation credits will also be utilized in order to account for the various components of the proposed project alternatives. Submit the trip generation forecasts for the project alternatives to the project team. 12.2 Assign the forecast AM and PM peak hour trips expected to be generated by the project alternatives to the study intersections based on existing and anticipated traffic patterns to and from the project site. 12.3 Prepare AM and PM pear hour Level of Service calculations at the study intersections utilizing the approved capacity analysis methodologies of the respective jurisdictions. 12.4 Assess the impact of the project alternatives based on the results of the peak hour intersection analyses and application of the respective jurisdictions' significance criteria. Based on this assessment, deterrnine which intersections (if any) will require improvements to mitigate potential traffic impacts associated with the project alternatives to less than significant levels. O:U013_FILEU6fi8T0 tractN366S Baldwin Park, Fmpasail.dat Ms. Deborah H. Kirtiraan February 12, 2007 Page 8 12.5 Provide recommended mitigation measures which may include intersection and/or signalization improvements, striping modifications, the addition of auxiliary turn lanes, traffic control /limitations at site access points, etc. Please note that this proposal asstnnes the recommended mitigation measures can be adequately described within the text of the report. Should the City request preparation of plans to further demonstrate the feasibility of the mitigation measures, an amendment to our contract will be necessary. 12.6 Compare the project impacts with the impacts associated with each of the project alternatives. Prepare a table that summarizes the comparison of significant impacts associated with the proposed project to the three project alternatives. 12.7 This proposal includes preparation of a quantitative analysis of up to three project alternatives (i.e., full impact analyses of the study intersections and/or freeway Locations). It is assumed that firll parking analyses .will not be required for each alternative project, Should further alternative project analyses (i.e., parking analyses) be required, an amendment to our contract will be necessary.. Task 13: Consultation Related to the Draft EIR 13.1 Review the Draft EIR Traffic and Circulation Section and provide comments to the project team. This task includes one complete review of the Draft EIR Traffic and Circulation Section (i.e., the initial draft). Task 14: Response to Comsnents/Final EIR Support 14.1 Coordinate with the environmental consultant in obtaining a response to comments template. It is assumed that the template will include copies of all of the cone ent letters received as of the close of the public comment period and that each comment letter /individual comment will be numbered and allocated to each area of discipline (e.g., to traffic and transportation). 14.2 Review the comment letters and individual comments associated with traffic and transportation issues. Prepare written responses to those comrrsents included in the traffic and transportation discipline and forward to the project team for incorporation into the Final EIR. As the extent of the comments is not known at this time, it is estimated that up to 40 hours of Principal Engineer, 20 hours of Senior Transportation Engineer, and 80 hours of Senior Transportation. Planner staff time will be required as past of this work effort. Should the number of cosnnients be extensive and require additional consultation or formal written, responses to hearing transcripts be required, an amendment to our contract will be necessary. 14.3 Assist the project team in preparing any corrections or additions for incorporati oil into the Final EIR_ WJOB_f[LZI366E ContracftMbE Baldrcin Park Yroposali.doc Ms_ Deborah H. Kirtman February 12, 2007 Page 9 Task 15: Attendance at Public Hearings/Meetings Related to the EIR 15.1 This proposal includes preparation for and attendance by LLG Engineers at up to five (5) meetings with the project team and/or City staff will be necessary as part of the EiR process. 15.2 This proposal includes preparation for and attendance at up to four (4) public heari�lgs and/or community meetings. We would be pleased to provide additional public hearing representation, if requested. An amendment to our contract would be provided for your approval prior to providing any additional meeting support. FEE ESTIMATE Our services will be billed monthly, on an hourly basis, according to the attached Fee Schedule. On a preliminary basis, we recommend a not to exceed budget of $548,479.00 based on the Tasks 1 through 15 outlined in the Scope of Work. Linscott, Law & Greenspan, Engineers may request that the fee budget be modified based on the actual level of effort required to complete the tasks in the Scope of Work. We will notify you in writing if such adjustments are required. A detailed fee estimate by work effort is attached for reference. Listed below is a summary of the Fee Estimate by work effort: A. Traffic impact Study: Tasks I -11 $391,855.00 B. EIRIPublic Review Consultation: Tasks 12 -15 $156,624.00 Total Fee Estimate: ADDITIONAL SERVICES $548,479.00 Work items requested outside the Scope of Work outlined in this letter, such as preparation of preliminary opinions of probable costs of recommended mitigation measures, preparation of conceptual roadway improvement plans, additional analyses, quantitative project alternative parking analyses, additional consultation associated with the preparation of responses to connnents, and/or attendance at additional meetings or public hearings may require a contract amendment. No additional work will be perfonned without prior authorization. 0AJO B FILES ORNCcntracs13653 Baldwin Para: Proposal I.doc Ms. Deborah H. Kirtman February 12, 2007 Page 10 AUTHORIZATION If this proposal is acceptable, you may indicate approval by signing in the space provided at the end of this letter and returning the original for our files. Alternatively, you may issue a purchase order or consultant contract with this proposal attached as an exhibit. A copy of this proposal is enclosed for your convenience. This proposal is valid for 90 days from the elate of this letter. Please note that for the ptuposes of preparing contract document, Linscott, Law & Greenspan, Engineers, is a DBA for LG2WB Engineers, Inc., a California corporation. TERMINATION The services covered by this proposal may be terminated by either party at any time by written notice. Upon termination, Linscott, Law & Greenspan, Engineers will stop all activities immediately, notify all subcontractors (if any) to stop work, and prepare an invoice for any services rendered but not already submitted to the client. We appreciate the opportunity to submit this proposal and look forward to working with you on this interesting project, Please call us if you have any questions or comments regarding this proposal. Very truly yours, LINSCOTT, LAW & GREENS]PAN, ENGINEERS David S. Shender, P.E. Principal California Registration CE 45324 DSS /ACY/KC7:ci Attachment 0.1106_PILC-136661C'om=L"66B Baldwin Park Pmposal i.dac Ms. Deborah H. Kirtmaa February 12, 2007 Page I I PROPOSAL ACCEPTED FOR TASKS 1 THROUGH 15 AS OUTLINED ABOVE NOT TO EXCEED $548,479.00 WITHOUT PRIOR AUTHORIZATION. (Authorized Agent) (Firm) (Address) (Title) (Federal I.D. Number) (Date) O:UOII T {4EL',6tiSlCnntroc[136U8 Biidwin Palk Proposali.dE FEE SCHEDULE Effective November 13, 2006 TITLE PER HOUR Principals Principal Engineer ...................................................... ......... .....................$ 225.00 Associate Principal Engineer ..................................... ..............................$ 195.00 Transportation: Engineers Senior Transportation Engineer ................................. ..............................$ 163.00 Transportation Engineer 1II ........................................ ..............................$ 144 -00 Transportation Engineer II ......................................... ..............................$ 122.00 Transportation Engineer I .......................................... ..............................$ 105.00 Transportation Planners Senior Transportation Planner $ 144.00 Transportation Planner 111 ........ ................................................................ $ 122.00 Trarnsportation Planner 11— ............................................ ......................... 105.00 Transportation :Planner I ............... ............................. ............... ............. 1 -$ 93.00 Technical Support Engineering Associate II ........................ .....$ 104.00 .............. ............................... Engineering Associate I ...................................................... --- ............ $ 100.00 Engineering Computer Analyst II ..... ......................... ..............................$ 99.00 Engineering Computer Analyst I ................................ ..............................$ 78.00 Senior CARD Drafter ................................................ ..............................$ 100.00 CADDDrafter III... ..................... — .......................................................... $ 93.00 CARDDrafter H ........................................................ ..............................$ 82.00 CARDDrafter I ............................................... ......................... . . . . .. ... .....$ 71.00 Senior Engineering Technician .................................. ..............................$ 100.00 Engineering Technician 1I ................ Engineering Technician I ............. ...................... $ 71.00 Word Processor/ Secretary .......................................... ..............................$ 66.00 Engianee;r ng Aide I ..................................................... ..............................$ 50.00 Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with litigation and Court appearances wil I be quoted separately. Project- related mileage will be billed at the prevailing standard mileage rate as determined by the IRS, Subcontractors and ether project related expenses will be billed at cost plus 15 %. The above schedule is for straight time. Overtime will be charged at 1.511 times the standard hourly rates. Interim and /or monthly statements will be presented for completed work. These will be due and payable upon presentation unless prior arrangements are made- A finance charge of 1.5% n-tay be charged each nionth on the unpaid balance. LINSCOTT, LAW & GREENSPAN, ENGINEERS FEE ESTIMATE - NOVEMBER 2006 FEE SCHEDULE JOB NO. 1- 063668 -i JOB DESCRIPTION: 13ALt)WIN PARK REDEVELOPMENT 1lA_Faia -7nn7 HOURS COST TASK. PRIM SR TE TEIO TEII TEI I SR TP CAD ECAll ETI WP PER TASK PER TASK 0 0 A. TRAFFIC IMPACT STUDY 0 SO 1.1 Project Mohilizal'ron 4 4 8 4 20 $3,100 1.2 4 8 8 20 $3,356 2.1 Data CotlectionlReseareh 12 12 36 60 $9,840 2.2 8 20 90 400 100 318 $35,020 2.3 4 20 28 20 40 112 $14,944 2.4 10 72 20 174 $20,422 3.1 Trip Gen/Dist/Ass€gn 16 20 80 11fi $48,380 3.2 4 20 60 100 $14,384 3.3 4 8 60 32 R40 144 $18,0@2 3.4 2 10 24 $2,954 4.1 Pro! Eval/Mit ation 8 30 24 112 224 $30,656 4.2 20 20 24 50 124 $19,328 4.3 4 8 8 20 $2,596 4.4 16 16 48 $ 88 $18,912 5.1 Site Accessl0rculation 6 4 4 32 $9,152 - 5.2 16 4 4 44 $7,526 10 4 4 34 $5,662 6,1 CLAP RQadway Anal sis 4 4 6 V210 4 36 $5,228 6.2 2 24 8 42 $5,198 7.1 F Se mentAnalysis 2 12 22 $2,942 72 4 2 20 4 38 $5,214 7.3 4 2 1fi 8 1 38 $5,122 63 PsrkingAnalysis 8. 10 28 1 46 $7,462 8.2 8 4 24 36 $5908 8.3 4 4 32 4 44 36,556 8.4 10 8 20 38 16,434 9.1 constnocticn impacls 4 4 16 24 $3,856 9.2 A 9 20 28 $4,432 9.3 6 4 20 12 42 $6,070 9.4 4 4 16 €0 34 $4,846 9.5 4 4 16 24 $3,856 9.6 6 4 12 22 $3,730 10.1 Prepare Report 24 20 24 60 24 172 $25,484 10.2 6 8 32 8 56 $8,504 11.1 Meetings (10) 60 _ 4 60 10 134 $23,782 112 0 0 0 $0 l E B. ElPfPUBL1C REVIEW 12.1 Alternatives Assess. 3) 8 8 24 32 4 76 $11,035 12.2 4 12 32 32 26 100 $13,348 12.3 4 12 44 50 40 156 $20,336 12.4 16 8 60 64 $13,544 12.5 16 16 48 8 88 $13,912 12,6 4 4 24 12 6 52 $7,000 12.7 0 $0 13.1 Review DEIR Traffic Sao. 12 12 10 48 82 $12,786 14.1 Responses io Comments 4 4 6 16 6 38 $5,426 14.2 40 20 80 140 $23,780 14.3 10 8 24 4 46 $7,406 15.1 Meetings (5 ) 30 1 4 30 10 74 $12,712 15,2 Public Hearings 4} 32 4 32 24 92 $14,836 0 $0 TOTAL HOURS 472 396 0 442 0 1550 0 558 140 BILLING RATE $225 $163 $144 $122 $105 $144 $100 $99 $71 $56 1 AMOUNT DESCRIPTION COST Blueprints/Graphics $U Auto Reimbursement (@ 0.465Imila} - Trdf(C SEUd $1,000 Auto Reimbursement (0 0.465Imlla)- N,eetings $500 PhotoNdee $0 $o x _ . .�=:3TQTAi RE1N36.17f29ABLE5 ., $ fs500 5U8GON; 3U TANT.S: is :... TA5K NAME DESCRIPTION COST 2.3 Manual Counts Weekday 4 Hours $300 x.95 {NS. x 1.161 $29,325 2.4 Automatic 24 -Hour Counts Weekend & V1+eakend 48 Hours ($100 x 20 segments x 1.15 $4,500 TOTAL - BUDGET '.: $548;479 ' ^'. Exhibit B Schedule -11- PRELIMINARY SCHEDULE FOR BALDWIN PARK EIR Water Assessment Demand/Projections to ESA ESA to prepare Draft IS City to submit request for water assessment All technical studies due to ESA Last Day to obtain language for GP/Zoning/Redevelopment Plan Amendments Administrative Draft EIR submitted to City and Developer Draft Notice of Preparation and Initial Study to City Notice of Preparation and Initial Study to Circulate City to return comments to ESA on Ad Draft EIR Scoping Meeting on NOP Last Day to comment on NOP Last Day to receive water assessment ESA to prepare and submit Screencheck EIR City to return final comments to ESA on Screencheck ESA to circulate Draft EIR Potential scoping meeting Last Day to comment on the Draft EIR ESA to receive all comments on the Draft EIR ESA to submit Administrative Draft Final EIR City to submit comments to ESA ESA to submit screencheck version of Final EIR to City City to make final comments on FEIR ESA to circulate FEIR Last date to comment on Final EIR Planning Commission Meeting /City Council Week of March 5, 2007 Week of March 5, 2007 Week of March 19, 2007 Week of April 9, 2007 Week of April 16, 2007 Week of May 14, 2007 Week of June 18, 2007 June 22 or June 25, 2007 Week of June 18, 2007 Week of July 9, 2007; or Week of July 16, 2007 Week of July 23, 2007 Week of July 16, 2007 Week of July 23, 20071 Week of August 6, 2007 Week of August 13, 2007 Week of September 10, 2007; or Week of September 17, 2007; or Week of September 24, 2007 Week of October 1, 2007 Week of October 8, 2007 Week of October 29, 2007 Week of November 12, 2007 Week of November 26, 2007 Week of December 10, 2007 Week of December 17, 2007 or put off until New Year Week of December 24, 2007 or put off until New Year 2008 This schedule provides for a Draft EIR to be circulated by mid - August and for a Final EIR to be circulated by December, 2007 or January, 2008. This schedule can be consolidated so that there is some possibility that an EIR could be certified in 2007 or lengthened so that a Draft EIR is circulated in October, and the FEIR is circulated in 2008. 1 Assumes responses to NOP are not extensive and do not rewire substantial additional work. Last updated: February 20, 2007; 10:31:23 AM Exhibit C Budget ro Y a a m E w m J � Q R EL IL Q Z � �1� RBI IN I �9 i e� �3 ag a �a �b a Q' _u'j i �9 i e� �3 ag a �a �b a Q' _u'j cII 73 0 c E I o y sa 0- NO Et c� za m � v � d C �c d E N •O C R. El] � Q d cc m v O C Ol a c a� Q m c +u cs c. L N ., - I N7 CO Ms lid C) i`s i- to m s9 � N 67 En m � N rn 1- f , � i : � Q r i[l i � � i LO CS � <0 [� U-7 co Ln O] C L r cn N N C (� fA 64- 64 N3 63 0 64 0) 69 64 fn 64 - 64 64 69 69 V d% (51 69 64 64 64 64 b4 L R1 a O C o O U cz x W h fu CD co m tY - X O co fl. .w, m N fa. 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Q W C iC G1 C L O Im G G h1 C ^c4 IL Q? c L CL Q� Y im 0 CD E r- E Q ❑ a W ir N ate-' iL O WO co 0 o vn o0 u n as ' oho a n'; a va rn to to rn to vs orr va 14 er en yr W » fa w b% co Hf % dt 6% e% c* ' a1 � C�7 • N P c • N O O fH ifl 4A ifl FA 64 69 6S /A vt o Fq 69 64 6% v3 di GH .... ca Lo cs ' m m VLo h 7 5 to a m n u° N o m n rsr sv u3 �r ca rR to va rn (00% w C a h C, h h a m m n H < r J � h t d � n to lo 9 G Q a al C7 a � c a c = e x a a a p v o � c � 's !i w q O _E C N v Q h A � •- N q YN C O C U Y-! o CJ cCp fG ,C N_ -9 t9 N m LU] U y C v U o c2 °lo 4t m �n 4 u Luri J Cb 034 O i V a€ '� .�A2 ro� EL c 4. Qm v U m a-c x o zLL o ai -L7 o e E c c c � [n!m a.-tv �+, sr�u�<o r- mas ° —� = m ca`SO •°� ° a � `° ui vi �n isi cti ai ui d° �° L° ��` Up.ej LL L NOTICE AND CALL OF A SPECIAL MEETING OF THE HOUSING AUTHORITY 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, APRIL 4, 2007 at 7:00 P.M. at the Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91700. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: March 29, 2007 AFFIDAVIT OF POSTING "original signed" Manuel Lozano Mayor 1, Rosemary M. Gutierrez, Chief 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 March 29, 2007. Rosemary M. Gutierrez Chief Deputy City Clerk Housing Authority Agenda — April.4, 2007 1 FTO:a ilk I i X7.:1 HOUSING AUTHORITY APRIL 4, Zoo? 7:00 P.M. SPECIAL MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Marlen Garcia - Vice Chair Anthony J. Bejarano - Member David J. Olivas - 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. Housing Authority Agenda — April 4, 2007 COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse at Concilio o cualquiera otra de sus Agencias nombradas on esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse at Concilio o alguna de sus Agencias, pods hacerlo durante of 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. HOUSING AUTHORITY SPECIAL MEETING — 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Vice -Chair Marlen Garcia and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el iimite 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 on 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 declareciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. SECTION 8 HOUSING CHOICE VOUCHER PROGRAM REVISED UTILITY ALLOWANCE UPDATE Staff recommends Authority receive and file the report. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER THE 2007 -08 STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN Staff recommends Authority conduct the public hearing and following the public hearing adopt the FY 2007 -08 Streamlined Annual PHA Plan and waive further reading, read by title only and adopt Resolution No. HA 2007 -001 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE HOUSING AGENCY ANNUAL PLAN FOR PUBLIC HOUSING ". Housing Authority Agenda — April 4, 2007 3 REQUESTS AND COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Rosemary M. Gutierrez, Chief 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 29th day of March 2007. " � Rosemary M. Gutierrez Chief 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 Nall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 908 or via e -mail at Lgutierrez�Dbaldwinpark. com or Inieto@baldwin ark. 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 fl) Housing Authority Agenda — April 4, 2007 4 HOUSING AUTHORITY AG F N D CITY OF BALDWIN PARK BALDWIN P•A - R - K TO Honorable Chairman and Members of the Housing Board FROM: Suzie Ruelas, Acting Housing Manager DATE: April 4, 2007 rr� ,j P . , .� . SUBJECT: SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE UPDATE PURPOSE To inform the Housing Authority Board of the updated Utility Allowances survey and study for the Section 8 Housing Choice Voucher Program. BACKGROUND/ DISCUSSION Federal regulations require Housing Authorities administering the Section 8 Housing Choice Voucher Program to maintain a utility allowance schedule for all tenant -paid utilities (not including telephone) and cost of tenant - supplied refrigerators and ranges. The Housing Authority must review its schedule of utility allowances each year, and must revise its allowance for a utility category when there is a change. of 10 percent or more in the utility rate. The utility allowance schedule classifies utilities and other housing services in the following general categories: space heating; air— conditioning, cooking; water heating; water; sewer; trash collection (disposal of waste and refuse); other electric; refrigerator; and range. On March 15, 2007, the Baldwin Park Housing Authority completed a study and survey of the utility allowance for the Section 8 Housing Choice Voucher program. Staff has also completed the utility survey for the Housing Choice Voucher Program and the Public Housing Program. Please see page. 2 for a comparison of the current to the revised utility allowance based on the results of the study. The complete survey and study are available for review upon request. FISCAL IMPACT There is no impact to General Fund. Any increase or decrease to the Housing Authority's Housing Assistance Payments resulting from this update will be made through the Section 8 Federal Funds. RECOMMENDATION It is recommended that the Housing Board receive and file this report. 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CO t- 9> �! r 43 !,H tH rtf3 to N3 i61)- V> }� 60). 1r4 d4 6F? m O O Q O O O Q O O 45 Q O O O Q P O O Q O 0 0 CL to 4) cr co 60) E9 ull Q cn o 0 0 0 o ti a cs o 0 o a o 0 o 0 o n a 0 o o a 3 a co m ai � Lo CD >1 t9 6i} t9 tR 0), 6a 69 r t:3 N rPr r to tf3 EfA EH ER z m y Q O O O Q O O O O O 0 0 a c7 0 o ca n o CL � � � � ° F. f e4 s9 tai Q a o u m m � L. G[ LL a) U Q .. m as �zm .�, °w a o co a o �zmw ro o f4 din m a� to o(MD w 0zm c s= m a 0 c m 43 v c c� O z 0 BALDWIN P,A R K CITY OF BALDWIN PARK TO: Honorable Chairman and Members of the Board FROM: Suzie Ruelas, Acting Housing Manage. DATE: April 4, 2007 HOUSING AUTHORITY AGENDA APR - 4 2007 .0. SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S FY 2007 -2008 STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN PURPOSE This report requests that the Baldwin Park Housing Authority Board: Hold a Public Hearing to consider the adoption and approval of the FY 2007- 2008 Streamlined Annual PHA Plan (Attachment "A "). ■ Approve Resolution No. HA- 2007 -001 establishing the adoption of the, Plan as required by the U.S. Department of Housing and Urban Development (HUD) Attachment "B ") BACKGROUND/ DISCUSSION Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) 'of 1998 established the public housing agency Five -Year and Annual Plan requirement. The Five -Year Plan describes the mission of the agency and the agency's long -range goals and objectives for achieving its mission. The Annual Plan outlines their approach to managing programs and providing services for the upcoming year. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, such as the Capital Fund Program. On June 24, 2003, HUD published final rule "Deregulation for Small Public Housing Agencies" that simplifies and streamlines HUD's regulatory requirements for small PHA's. This rule provides substantial regulatory relief in the form of a streamlined Annual PHA Plan (Small PHA Streamlined Annual Plan), The Baldwin Park Housing Authority meet's HUD's definition of a Small PHA defined as PHA's with less than 250 public housing units and any number of vouchers. On April 6, 2005, the Housing Authority Board approved the PHA 5 -Year Agency Plan for FY 2005 -2009. In order for the Housing Authority to receive operating funds from HUD for the Public Housing and Section 8 Housing Choice Voucher Programs, it must submit an Annual PHA Plan for FY 2007 -2008 by April 17, 2007. The FY 2007 -2008 Annual Plan includes the Statement of Consistency with the Consolidated Plan, proposed capital improvements, and other required supporting documents. Proposed Revisions to the Annual Agency Plan On November 1, 2006, the City Council requested information regarding the Section 8`` Housing Choice Voucher Homeownership Program. After review of the requirements of the Homeownership Program, it was found that in order to have a successful Homeownership Program, it is best to first implement the Family Self Sufficiency Program. In 2003, due to staffing and budget constraints, the Baldwin Park Housing Authority requested from HUD and received a waiver from the requirement to implement a Family Self Sufficiency Program. However, current staff realizes the importance of this program and is ready to begin the process of implementing the Family Self Sufficiency Program in FY 2007 -2008. The Family Self Sufficiency (FSS) Program has two main components. case management and an escrow account. Families receive case - management services to identify employment goals and to help them access skill - building and supportive service programs available in the community to help achieve these goals. As the family's earnings increase, the Housing Authority deposits the increased that the family pays into an escrow account. The participant accumulates savings plus interest in the escrow account over the course of the FSS program and can access the money when they have successfully completed the program, is employed and all family members have been off of welfare assistance for the last 12 months of the program. There is no requirement to use the. funds from the escrow account for a specific purpose. In addition, the Housing Authority may allow families to withdraw escrow funds during their participation in FSS to cover certain work -or education - related expenses or for other purposes related to the established goals for the family. This program is not currently noted in the Annual Plan, staff is in the process of thoroughly researching the program, including requirements, funding options and staffing concerns. After a complete analysis, the program details will be presented to the City Council. As part of the Annual Plan requirements, the draft Annual Plan was published for 45- day public review, which commended on February 19, 2007 and concludes with tonight's public hearing. RECOMMENDATION Staff recommends that the Housing Board approve and adopt the Housing Authority's FY 2007 -2008 Streamlined Annual PHA Plan and direct the Chairman to sign Resolution Number HA 2007 —001. Attachments Attachment "A" — Resolution No. HA 2007 -001 Attachment "B" — FY 2007 -2008 Streamlined Annual PHA Plan ATTACHMENT "A" Resolution No. HA 2007 -001 RESOLUTION NO. HA 2007 -001 A RESOLUTION OF THE BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FY 2007 -2008 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ( "HUD "); and WHEREAS, the FY 2007 -2008 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long -range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming 2007 -2008 year. WHEREAS, the FY 2007 -2008 Annual PHA Plan serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs must submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2007 -2008 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 4t" day of April 2007. Manuel Lozano, Chairman 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 above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 4th day of April 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Rosemary Gutierrez Chief Deputy City Clerk ATTACHMENT "B" FY 2007 Streamlined Annual PHA Plan U.S. Department of Housing and OMB No, 2577-0226 PHA Plans Urban Development ex 08/31/2009 Streamlined Annual Office of Public and Indian Version Housing This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937 that introduced 5-year and annual PHA Plans. The full PHA plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PH A's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the Pl .IA's misson and strategies for serving the needs oNow- income and very low- income families. This form allows eligible PHAs to make astreamlined annual Plan submission to HUD consistent with HUD's efforts to provide regulatory relief for certain types of PHAs. Public reporting burden for this information collection is estimated to average 11.7 hours per response, including the thne for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUTS may not collect this information and respondents are not required to complete this form, unless it displays a currently valid (FMB Control Number, Privacy Act Notice. The United States Department of )-lousing and Urban avelopment, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Informatiaa in PHA plans is publicly available. Streamlined Annual PHA Plan for Fiscal Year: 2007 PISA Name: Baldwin Park Housing Authority NOTE: This PHA Plan template (HUD- 50075 -SA) is to be completed in accordance witb instructions contained in previous Notices PIH 99 -33 (HA), 99 -51 (HA), 2000 -22 (HA), 2000 -36 (HA), 2000 -43 (HA), 2001 -4 (HA), 2001 -26 (HA), 2003 -7 (H.A.), and any related notices HUD may subsequently issue. form HUD -5 0075 -SA (413012003) PHA Name: Baldwin Park Housing Authority HA Code: CAI 20 Streamlined Annual Plan for Fiscal Year 2047 Streamlined Annual PHA Plan Agency Identification PHA Name: Baldwin Park Housing Authority PHA Number: CAI 20 PHA Fiscal Year Beginning: (mm /yyyy) 0712007 PHA Programs Administered: ®Public Housing and Section 8 ❑Section 8 Only []Public Housing Only Number of public housing units: 12 Number of S8 units: Number of public housing units: ?dumber of SS units: 587 ❑PHA Consortia: (check box if submitting a joint PHA Plan and complete table) Participating PHAs PHA Prograrn(s) Included in Programs Not in # of Units Code the Consortium the Consortium Each Program Participating PHA I: NOT APPLICABLE Participating PHA 2: NOT APPLICABLE Participating PHA 3: NOT APPLICABLE PHA Plan Contact Information: Name: 5uzie Ruelas Phone: (626) 960 -4011 ext. 496 Acting Housing Manager TDD: 1 -800- 821 -2585 Email (if available): SRuelas Baldwin ark.com Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) ® PHA's main administrative office ❑ PHA's development management offices Baldwin Park Housing Authority 14403 E. Pacific Ave., Baldwin Park, CA 91706 (626) 869 -7500 Display Locations For PHA Plans and Supporting Documents The PHA Plan revised policies or program changes (including attachments) are available for public review and inspection. Z Yes ❑ No. If yes, select all that apply: ® Main administrative office of the PHA Baldwin Park Housing Authority 14403 E. Pacific Ave., Baldwin Park, CA 91746 (626) 869 -7500 Page 2 01`2 form HUD- 54075 -SA (04/30/2003) PHA Name; Baldwin Park Housing Authority Streamlined Annual Plan for Fiscal Year 2007 HA A Code: CAI 20 ❑ PHA development management offices ❑ Main administrative office of the local, county, or State government City of Baldwin Park City Clerk's Office 14403 E. Pacific Ave., Baldwin Park, CA 91706 (626) 960 -4011 ® Public library ® PHA website ❑ Other (List below) Baldwin Park Public Library www.baidwinpark.cvm 4181 Baldwin Park Blvd. BaldwinPark, CA 91706 PI4A Plan Supporting Documents are available for inspection at: (select all that apply) ® Main business office of the PHA ❑ PHA development management offices Baldwin Park Mousing Authority 14403 E. Pacific Ave., 2nd floor Baldwin Park, CA 91706 Page 3 of 3 fOTM IIUD- 50075 -SA (0413012003) PHA Nance: Baldwin Park Housing, Authority BA Code: CA] 20 Streamlined Annual Platt for Fiscal Year 2007 Streamlined Annual PHA Plan Fiscal Year 2007 [24 CFR Part 903.12(c)] Table of Contents [24 CFR 903.7(x)] Provide a table of contents for the Plan, including applicable additional requirements, and a list of supporting documents available for public inspection. Page PHA Plan Components ......................................... ............................... 5 Separate Hard Copy Submission to local HUD Field Office ......................... 5 Site Based - Waiting Lists (Eligibility, Selection, Admissions Policies) ............. 6 Capital Improvement Needs ......... ............................... ..................... .7 Section 8 Tenant -Based Assistance -- Section 8(y) Homeownership Program.. 8. Use of the Project -Based Voucher Program ............... ............................... 9 PHA Statement of Consistency with Consolidated Plan . ............................... 9 Supporting Documents Available for Review for Streamlined Annual PHA Plans. 11 Exhibits Exhibit "A ": 2006 and 2007 Capital Fund Program Annual State mentfPerformance and Evaluation Report Exhibit "B ": Form HUD 50076, PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accom an the Streamlined Annual Plan Exhibit "C ": Form HUD - 50070, Certification for a Drug-Free Work lace Exhibit "D ": Form HUD - 50071, Certification of Payments to Influence Federal Transactions Exhibit "E ": Form SF -LLL, Disclosure of Lobbyinq ctivities. Exhibit "F ": Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan Exhibit "G ": HA Board Resolution Exhibit H ": Organizational Map Exhibit "I ": Jurisdictional Maps Exhibit "J ": Public Hearing Notice Page 4 of 4 form IIUD- 50075 -SA (04/3012003 PHA Najne, Baldwin Park Housing Authority Streamlined Annual Plan for Fiscal Year 2007 HA Code: CAI 20 A. PHA PLAN COMPONENTS ❑ 1. Site -Based Waiting List Policies 903.7(b)(2) Policies on Eligibility, Selection, and Admissions Z Z. Capital. Improvement Needs 903.7(g) Statement of Capital Improvements Needed ❑ 3. Section 8(y) Homeownership 903.7(k)(.I)(i) Statement of Homeownership Programs ❑ 4. Project -Based Voucher Programs ® 5. PHA Statement of Consistency with Consolidated Plan. Complete only if PHA has changed any policies, programs, or plan components from its last Annual Plan. ® 6. Supporting Documents Available for Review ® 7. Capital Fund Program and Capital Fund Program Replacement Housing Factor, Annual Statement/Performance and Evaluation Report [� 8. Capital Fund Program 5 -Year Action Plan B. SEPARATE HARD COPY SUBMISSIONS TO LOCAL HUD FIELD OFFICE Farm HUD - 50076, PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the Streamlined Annual Plan identifying policies or programs the PHA has revised since submission of its last Annual Plan, and including Civil Rights certifications and assurances the changed policies were presented to the Resident Advisory Board for review and comment, approved by the PHA governing board, and made available for review and inspection at the PI-IA's principal office For PHAs Applying for Formu a Capital Hind Ptogr i '. (C FP) ;Grants Form HUD - 50070, Certification fob° a Drug -Free Workplace; Form HUD - 50071, Certification OLPaynnents to Influence Federal_ Transactions; and .Form SF -LLL &SF -LLLa, Disclosure of Zobb,Ling Activities. Page 5 of 5 form IIUD- 50075 -SA (04/30/2003) PHA Name: Baldwin Park Housing Authority streamlined Annual Plan for Fiscal Year 2007 HA Code: CA120 1. Site -Based Waiting Lists (Eligibility, Selection Admissions Policies [24 CFR Part 903.12(c), 903.7(b)(2)] Exemptions Section 8:t7nly PHAs are not.reguired to.complefe this:companent:: A. Site -Based Waiting Lists - Previous Year 1. Has the PHA operated one or more site -based waiting lists in the previous year? NO If yes, complete the following table; if not skip to B. Site -Based Waiting Lists Development Date Initial mix of Current mix of Percent Information: Initiated Racial, Ethnic or Racial, Ethnic or change (Name, number, Disability Disability between initial location) Demographics Demographics and current since Initiation of mix of Racial, SB'V'4'L Ethnic, or Disability demographics 2. What is the number of site based waiting list developments to which families may apply at one time? 3. How many unit offers may an applicant turn down before being removed from the site - based waiting list? 4. ❑ Yes ❑ No: Is the PHA the subject of any pending fair housing complaint by HUD or any court order or settlement agreement? If yes, describe the order, agreement or complaint and describe how use of a site -based waiting list will not violate or be inconsistent with the order, agreement or complaint below: B. Site -Based Waiting Lists — Coming Year If the PHA plans to operate one or more site -based waiting lists in the coming year, answer each of the following questions; if not, skip to next component. 1. How many site -based waiting lists will the PHA operate in the coming year? 2. ❑ Yes ❑ No: Are any or all of the PHA's site -based waiting lists new for the upcoming year (that is, they are not part of a previously- HUD - approved site based waiting list plan)? Page 6 of 6 form HUD- 50075 -SA (04/30/2003) IIHA Name: Baldwin Park Housing Authority Streamlined Annual Plan for fiscal Year 2007 HA Code: CAI 20 If yes, how many lists? 3. ❑Yes ❑ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site - based waiting lists (select all that apply)? ❑ PHA main administrative office ❑ All PHA development management offices ❑ Management offices at developments with site -based waiting lists �] At the development to which they would like to apply ❑ Other (list below) 2. Capital Improvement Needs [24 CFR Part 903.12 (c), 903.7 (g)] Exemptions.- Sectron this component, A. Capital Fund Program 1. ❑ Yes ❑ No Does the PHA plan to participate in the Capital Fund Program in the upcoming year? If yes, complete items 7 and 8 of this template (Capital Fund Program tables). If no, skip to B. 2. ❑ Yes ® No: Does the PHA propose to use any portion of its CFP funds to repay debt incurred to finance capital improvements? If so, the PHA must identify in its annual and 5-year capital plans the development(s) where such improvements will be made and show both how the proceeds of the financing will be used and the amount of the annual payments required to service the debt. (Note that separate HUD approval is required for such financing activities.). B. HOPE VI and Public Housing Development and Replacement Activities (Non - Capital Fund) Aliplicability All PHAs adniin> ster rig p' blxc "ha fling. ;identify any, approved HOPE VI and /or public housing development 'or replacen! activi -ies not descxzbed 'in the Capital Fun . 0 gram Annual Statement: 1. ❑ Yes ® No: Has the PHA received a HOPE VI revitalization grant? (if no, skip to #3; if yes, provide responses to the items on the chart located on the next page, copying and completing as many times as necessary). 2. Status of HOPE VI revitalization grant(s): Pate 7 of 7 form IIUD- 50075 -SA (0413012 003) P11A Name; Baldwin Paris Housing Authority HA Code. CA120 Streamlined Annual Plan for Fiscal Year 2001 HOPE VI Revitalization Grant Status a. Development Name: NOT APPLICABLE b. Development Number: c. Status of Grant: ❑Revitalization Plan under development ❑Revitalization Plan submitted, pending approval ❑Revitalization Plan. approved ❑Activities pursuant to an approved Revitalization Plan underway 3. ❑ Yes ❑ No: Does the PHA expect to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name(s) below: 4. ❑ Yes ❑ No: Will the PHA be engaging in any mixed- finance development activities for public housing in the Plan year? If yes, list developments or activities below: 5. ❑ Yes ❑ No: Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital fund Program Annual Statement? If yes, list developments or activities below: 3. ;sistance -- Section S Homeownership Pro ram 1. ❑ Yes ® No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8 (y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If "No ", ship to the next component; if "yes ", complete each program description below (copy and complete questions for each prograrn identified.) 2. Program. Description: a. Size of Program ❑ Yes ❑ No: Will the PHA limit the number of families participating in the Section 8 homeownership option? If the answer to the question above was yes, what is the maximum number of participants this fiscal year? b. PHA - established eligibility criteria ❑ Yes ❑ No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria: Page 8 of 8 form IJUD- 50075 -SA (0413012003) PHA Name: Baldwin Park }lousing Authority Streamlined Annual Plan for Fiscal Year 2007 HA Code: CAI 20 c. What actions will the PHA undertake to implement the program this year (list)? 3. Capacity of the PHA to Administer a Section 8 Homeownership Program: The PHA has demonstrated its capacity to administer the program by (select all that apply): ❑ Establishing a minimum homeowner down payment requirement of at least 3 percent of purchase price and requiring that at least I percent of the purchase price comes from the family's resources. ❑ Requiring that financing for purchase of a home under its Section 8 homeownership will be provided, insured or guaranteed by the state or Federal government; comply with secondary mortgage market underwriting requirements; or comply with generally accepted private sector underwriting standards. ❑ Partnering with a qualified agency or agencies to administer the program (list name(s) and years of experience below): ❑ Demonstrating that it has other relevant experience (list experience below): 4. Use of the Project -Based Voucher Pro ram Intent to Use Project -Based Assistance ❑ Yes ® No: Does the PHA plan to "project- base" any tenant -based Section 8 vouchers in the coming year? If the answer is "no," go to the next component. If yes, answer the following questions. 1. ❑ Yes ❑ No: Are there circumstances indicating that the project basing of the units, rather than tenant - basing of the sanme amount of assistance is an appropriate option? If yes, check which circumstances apply: ❑ low utilization rate for vouchers due to lack of suitable rental units ❑ access to neighborhoods outside of high poverty areas ❑ other (describe below:) 2. Indicate the number of units and general location of units (e.g. eligible census tracts or smaller areas within eligible census tracts): 5. PHA Statement of Consistency with the Consolidated Plan [24 CPR Fart 903.15] For each, applicable Consolidated Plan, mnalze the following statement (copy questions as many times as necessary) only if the ;PHA kids provided a certification listing pro�arn or policy changes from its.last Annual Plan submission:. 1. Consolidated Plan jurisdiction: Page 9 of 9 form HUD - 50075 -SA (04/30/2003) PHA Name: Baldwin Park Housing Authority streamlined Annual Plan for Fiscal Year 2007 HA Code: CA120 Cities of Baldwin Paris, West Covina, El Monte, South Et Monte, and Monrovia 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ® The PHA has based its statement of needs of families on its waiting lists on the needs expressed in the Consolidated Plans. ® The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. ® The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) • Improve community quality of life and economic vitality • Provide an improved living environment • Promote self - sufficiency and asset development of families and Individuals Promote self - sufficiency and asset development of assisted households Provide or attract supportive services to increase independence for the elderly or families with disabilities • Increase the number and percentage of employed persons in assisted families • Improve the quality of assisted housing ❑ Other: (list below) J. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) • Expand the supply of assisted housing • Increase customer satisfaction • Ensure equal opportunity in housing for all citizens • Ensure equal opportunity and affirmatively further fair housing • Undertake affirmative action measures to ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability • Undertake affirmative action measures to provide suitable living environment for families living in assisted housing, regardless of race, color, religion, national origin, sex, familial status, and disability • To attain and maintain a high level of standards and professionalism in our day -to- day management of all program components • To administer an efficient, high - performing agency through continuous improvement of the PIRA's support systems and commitment to our employees and their development • Increase the availability of decent, safe and affordable housing Page 10 of 10 form FIIJD- 50075 -SA (0413612003) PHA Name: Baldwin Park housing Authority Streamlined Annual Plan for Fiscal Year 2007 HA Code: CAI 20 6. SuaaortinLy Documents Available for Review for Streamlined Annual PHA Plans PHAS are to indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. List of Supporting documents Available for Review Applicable Supporting Document Related flan Component &c On Display PHA Certifications of Compliance with the PHA Plans and Related Regulations 5 Year and Annual Plans and Board Resolution to Accompany the Standard Annual, Standard Five -Year, and Streamlined Five - Year /Annual Plans; NIA PHA Certifications of Compliance with the PHA Plans and Related Regulations Streamlined Annual flans X and Board Resolution to Accon!Lany the Streamlined Annual Plan Certification by State or Local Off vial of PHA Plan Consistency with 5 Year and standard Annual NIA Consolidated Plan. Plans Fair ]:lousing Documentation Supporting fair Housing Certifications: Records 5 Year and Annual Plans reflecting that the PHA. has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively ]farther fair X housing that require the PHA's involvement. Housing Needs Statement of the Consolidated Plan for the jurisdiction(s) in Annual Plan: which the PIIA is located and any additional backup data to support statement of Housing deeds housing needs for families on the FHA's public housing and Section 8 tenant - X based waiting lists. Most recent board - approved operating budget for the public housing program Annual Plan: x Financial Resources Public Housing Admissions and (Continued) Occupancy Policy (A &OIACOP), Annual Plan: Eligibility, which includes the Tenant Selection and Assignment Plan [TSAP] and the Site- Selection, and Admissions X Based Waiting List Procedure. Policies Deconcentration Income Analysis Annual Plan: Eligibility, Selection, and Admissions NIA Policies Any policy governing occupancy of Police Officers and Over- Income Tenants in Annual Plan: Eligibility, Public Housing. ❑ Check here if included in the public housing A &O Policy. Selection, and Admissions NIA Policies Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions X Policies Public housing rent determination policies, including the method for setting Annual Plan: Rent public housing flat rents. Determination X ® Check here if included in the public housin A & O Policy, Schedule of flat rents offered at each public housing development. Annual Plan: Rent X ® Check here if included in the public housing A & O Policy. Determination Section 8 rent determination (payment standard) policies (if included in plan, not Annual Plan: Rent X necessary as a supporting document) and written analysis of Section 8 payment Determination standard policies, ® Check here if included in Section 8 Administrative Plan. Public housing management and maintenance policy documents, including Annual Plan: Operations policies for the prevention or eradication of pest infestation (including cockroach and Maintenance X infestation). Results of latest Public Housing Assessment System (PHAS) Assessment (or Annual Plan: Management X other applicable assessment), and Operations Follow -up Plan to Results of the PHAS Resident Satisfaction Survey (if Annual Plan: Operations and necessary) Maintenance and Community Service & Self= Page 1 I of I 1 form HUD- 50075 -SA (04/30/2003) PHA Name: Baldwin Park Dousing Authority Streamlined Annual Plan for Fiscal Year 2007 HA Cade: CAI 20 List of Supporting Documents Available for Review Applicable Supporting Document Related Plan Component & On Display X Sufficiency Results of latest Section 8 Management Assessment System (SEMAP) Annual Plan: Management X and Operations Any policies governing any Section 8 special housing types Annual Plan: Operations X ® Check here if included in Section 8 Administrative Plan and Maintenance Public housing grievance procedures Annual Plan: Grievance X ® Check here if included in the public housing A & O Policy Procedures Section 8 informal review and hearing procedures. Annual flan: Grievance X ® Check here if included in Section 8 Administrative Plan. Procedures The Capital Fund /Comprehensive Grant Program Annual Statement Annual Plan: Capital Needs X /Performance and Evaluation Report for any active grant year. Most recent CIAP Budget/Progress Report (HUD 52825) for any active CIAP Annual Plan: Capital Needs NIA grants. Approved HOPE VI applications or, if more recent, approved or submitted Annual Plan: Capital Needs HOPE VI Revitalization Plans, or any other approved proposal for development NIA of public housing. Self - evaluation, Needs Assessment and Transition Plan required by regulations Annual Plan: Capital Needs implementing Section 504 of the Rehabilitation Act and the Americans with X Disabilities Act. See PII-1 Notice 99 -52 (HA). Approved or submitted applications for demolition and/or disposition of public Annual Plan: Demolition NIA housing. and Disposition Approved or submitted applications for designation of public housing Annual Plan: Designation of NIA (Desi >nated Housing Ptans). Public /-Mousing Approved or submitted assessments of reasonable revitalization of public Annual flan: Conversion of housing and approved or submitted conversion plans prepared pursuant to Public Housing section 202 of the 1996 HUD Appropriations Act, Section 22 of the US Housing NIA Act of 1937, or Section 33 of the US Housing Act of 1937. Documentation for required Initial Assessment and any additional information Annual Plan: Voluntary required by HUD for Voluntary Conversion. Conversion of Public NIA Housin Approved or submitted public housing homeownership programs /plans. Annual Plan: NIA Homeownership Policies governing any Section 8 Homeownership program Annual Plan: NIA (Section of the Section 8 Administrative Plan ) Homeownership Public Housing Community Service Policy /Programs Annual Plan: Community NIA ❑ Check here if included in Public Housing A & O Poticy Service & Self-Sufficiency Cooperative agreement between the PHA and the TANF agency and between Annual Plan: Community NIA the PIIA and local employment and training service agencies. Service & Self - Sufficiency FSS Action Plan(s) for public housing and /or Section 8. Annual Plan: Community NIA Service & Self-Sufficiency Section 3 documentation required by 24 CFR Part 135, Subpart E for public Annual Plan: Community NIA housing,. Service & Self-Sufficiency Most recent self-sufficiency (ED /SS, TOP or ROSS or other resident services Annual Plan: Community NIA rant) grant program reports for public housing, Service & Self - Sufficiency Policy on Ownership of Pets in Public Housing Family Developments (as Annual Plan: Pet Policy required by regulation at 24 CFR Part 960, Subpart G), X Z Check here if included in the public housing A & 0 Polic . The results of the most recent fiscal year audit of the PHA conducted under the Annual Plan: Annual Audit Single Audit Act as implemented by OMB Circular A -133, the results ofthat X audit and the PIIA's response to any findings. Other supporting documents (optional) (specify as needed) NIA (list individually; use as many lines as necessary) Consortium agreement(s) and for Consortium Joint PHA Plans Only: Joint Annual PHA Plan for Certification that consortium agreement is in compliance with 24 CFR Part 943 Consortia: Agency pursuant to an opinion of counsel on file and available for inspection. Identification and Annual NIA Management and Operations Page 12 of 12 form HUD- 50075 -SA (04/30/2003) EXHIBIT "A" 2006 and 2007 Capital Fund Program Annual Statements /Performance and Evaluation Report O LC U CCt w ce3 -a+ Cr3 0 v cC w O R 0 a U � a w u � v -w, .a W � W � o � � U ❑ ❑ kn 'Z3 Ccd (1y N O v O D j G] L a c '.C) ti "C a CJ w rn a) .� .'n 63 .C+ U tti ar"i P +^. .'� Q� .=-a N ' n] �d '1"-+ 4�+ 4.� 4w 4.w 4-i 4., aJ Q O O N y �i N O O +•+ W c�U d x v0�¢r,rr�r�A ZZA Ac�U ," "� t+-0 ❑ '�, y0 �o d oo d d w•w w w vz ww d M d d"V'W' d d Q'-, i� [� Co y �" ++ .� kn =n raw �r O W QI it per.. 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N m U c o .• v n a o U QJ Aw � n O rir�1l d Q � y ' C 2.1 _ -44 ul y-+ z Go c% cC fj r� W W E cs3 �El Elu v Q O W c's m cn rl '-0 C� �P ed O v x Q% C Lr) .U�w( w •� a {� � i.. � � G3 y � C/J N � n r. � d X x tU E EI N b4 ol GO a .. N m U M di Ctl W L�C3. E"a 0 CTS U o x � o Y ey cS 4. �4 _ O � �I U w o x o � � O 7i 00 �rt iw O ca V ���/ U bi) to ° o O O O v rr4 W � o u a 40 ti O Q V 4 5. fa f a Max � b M di Ctl W L�C3. E"a 0 CTS U Q GQ cd a� Xl Q w P, U Y Q b H b o rx o 0 � � c Qi L �I a O U � cz �A U ~ d a3 CD Cj C z U ?W i�M vo O v o — M G\ Q cl -x CL A cl U Cc3 Q r-e Q GQ cd a� Xl Q w P, U 0 U � o G � CC � w rn � b O O 4 b4 E 4. N � N •� CCi G: yas bA G G v G� Q � u O O 4 b4 U � � i a a� c� a H 0 a U E CCi G: yas bA G G v G� a C ', it N Q • U e U � � i a a� c� a H 0 a U E CCi G: yas bA G G v G� a C U � � i a a� c� a H 0 a U C� O 44 U L r G� ✓i' L 0 G 0 w A 0 U o 0 � o � o CD n >1 ©° bf P N d cq Azov 0 U 0 Q Z U � L2 U L2 0 v U < Z�� CL � N o v N bn 71 U EXHIBIT "B" Form HUD- 50076, PHA Certifications of Compliance with the PHA Plans and Related Regulations. Board Resolution to Accompany the Streamlined Annual Plan Streamlined PHA Plan U.S. Department of Housing and Urban Development PHA Certifications of Compliance Office of Public and Indian Housing PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the Streamlined Annual PHA Plan Meting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the streamlined Annual PHA Plan for PHA fiscal year beginning 2()07� hereinafter referred to as the Streamlined Annual Plan, of which this document is a part and make the following cer•ti /Ications, agreements with, and assurances to the Department of Housing and Urban Development (HUD) in connection with the submission of'the Streamlined Plan and implementation thereof: 1. The streamlined Annual Plan is consistent with the applicable comprehensive housing affordability strategy (or any streamlined Plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, and provided this Board or Boards an opportunity to review and comment on any program and policy changes since submission of the last Annual Plan. 3. The PIMA made the proposed streamlined Annual Plan, including policy and program revisions since submission of the last Annual Plan, and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the streamlined Plan and invited public comment. 4. The PHA will carry out the streamlined Annual Plan in conformity with Title V1 of the Civil Rights Act of 1964, the Fair ]-lousing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 5. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local ,jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's invoivernent and maintain records reflecting these analyses and actions. 6. For streamlined Annual Plans that include a policy or change in policy for site -based waiting lists: The PHA regularly subunits required data to HUD's MTCS in an accurate, complete and timely manner (as specified in PIH Notice 99-2); • The system of site -based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; Adoption of site -based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(b)(2). 7. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Aet of 1975 8. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 9. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135, 10, The PHA has submitted with the streamlined Plan a certification with regard to a drug -free workplace required by 24 CFR Part 24, Subpart F. I I. 'rhe PHA has submitted with the streamlined Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13• The PIIA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105( a). 14. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58, 15. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under section 12 of the United States Housing Act of 1937 and the Contract Work Hour's and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. Page 1 of 2 form HUD -50476 (4M12003) 17. The PHA will comply with the Lead -Based faint Poisoning Prevention Act and 24 CI=R Part 35. 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A -87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 19, The MIA will undertake only activities and programs covered by the streamlined Annual Plan in a manner consistent with its streamlined Annual Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its streamlined Plan. 20, All certifications and attachments (if any) to the streamlined Plan have been and will continue to be available at all times and all locations that the PHA streamlined Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the streamlined Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its streamlined Annual Plan and will continue to be made available at least at the primary business office of the PHA. 21,The PHA certifies that the following policies, programs, and plan components have been revised since submission of its last Annual PHA Plan (check all policies, programs, and components that have been changed.): _ 903,7a Housing Needs _ 903,7b Eligibility, Selection, and Admissions Policies _ 903.7c Financial Resources 903.7d Rent Determination Policies 903.7h Demolition and Disposition _.. 903.7k Homeownership Programs 903.7r Additional Information --A. Progress in meeting 5 -year mission and goals _B. Criteria for substantial deviation and significant amendments C. Other information requested by HUD i. Resident Advisory Board consultation process _2. Membership of Resident Advisory Board 3. Resident membership on PHA governing board 22. The PHA provides assurance as part of this certification regarding its streamlined annual PHA Plan that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA board of directors (or similar governing body); and (iii)`Fhe revised policies and programs are available for review and inspection, at the principal office of the PIIA during normal business hours. Baldwin Park Housing Authority PHA Name PHA Number Strewn fined Annual PHA Plan for Fiscal Year: �nn7 I hereby certiry that all the information stated herein, as well as any infor€nation provided in the aecompanimem herexvith, is true and accurate, Warning: HUD will 2rosecute false claims and statements. Conviction may result in criminal and /or civil penalties. 0 8 U.S.C. 100I 1010, 1012' 31 U.S.C. 3729. 3802 Name of Authorized Official i Title Signature I Date Page 2 of 2 form HUD -50076 (413012003) EXHIBIT "C" Form HUD - 50070, Certification for Drug -Free Workplace Certification for a Drug -Free Workplace �ppucant Name City of Baldwin Park Program /Activity Receiving Federal Grant Funding Capital Fund U.S. Department of Housing and Urban Development Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition.. b. Establishing an on -going drug -free awareness program to inform employees - -- (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will - -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification numbers) of each affected grant; f. Taking one of the following actions, within 34 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted - -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the IlUD funding of the program /activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program /activity receiving grant funding.) Check here 1:1 if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated heroin, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U. S.C. 3729,3802) Name of Authorized Official Title Vijay Singhal Chief Executive Officer Signature pate X form HUD -50070 (3/98) ref. Handbooks 7417.1, 7475.13, 7485.1 &.3 EXHIBIT "D" Form HUD - 60071, Certification of Payments to Influence Federal Transactions Certification of Payments U.S. Department of Housing and Urban Development to Influence Federal Transactions Office of Public and Indian Housing App €icant Name City of Baldwin Park Program /Activity Receiving Federal Grant Funding Capital Fund The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreernents) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1 hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U1 S.C. 3729, 3802) Narne of Authorized Official Title Vijay Singhal Chief Executive Officer signature Date (mmlddlyYyy) form HUD 50071 (3198) Previous edition is obsolete ref. Handb000ks 74171, 7475,1 3, 7485.1, & 7485.3 EXHIBIT "E" Form SF -LL., Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES Approved byQMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for oubiic burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type. a. contract j j INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardeeor prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empioyeeof a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2, Identify the status of the covered Federal action, 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the yearand quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid ffB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to Influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First name, and Middle Initial (MI), 11. The certifying official shall sign and date the form, print hislher name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for roducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348 - 0046), Washington, DC 20503. EXHIBIT "F" Certification by Local Official of PHA Plans Consistency with the Consolidated Plan US Department of Housing and Urban Development Office of Public; and Indian )-lousing Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan I, Irijrry Sirsgllal the Chief Ex- seldive officer cer certify that the Five Year and Annual PHA Plan of the Baldwin Park Rousi ng Authority is consistent with the Consolidated Plan of Baldwin Ncrr k prepared pursuant to 24 CFR Part 91. Signed / Dated by Appropriate State or Local Official Certification by State and Local Official of PHA Plans Consistency with the Consolidated flan to Accompany the HUI:3 50075 OMB Approval No, 2577 -4226 Expires 03/31/2002 (7199) Page I of I. EXHIBIT "G" RESOLUTION NO. HA 2007 -001 FOR THE BALDWIN PARK HOUSING AUTHORITY PHA PLAN RESOLUTION NO. HA 2007 -001 A RESOLUTION OF THE BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FY 2007 -2008 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ( "HUD "); and WHEREAS, the FY 2007 -2008 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long -range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming 2007 -2008 year. WHEREAS, the FY 2007 -2008 Annual PHA Plan serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs must submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows.. SECTION 1. That the 2007 -2008 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 4th day of April 2007. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF BALDWIN PARK } 1, Rosemary Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duty passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 4th day of April 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Rosemary Gutierrez Chief Deputy City Clerk EXHIBIT "H" Organizational Maps Q S Z a w LL1 U LL LLE H M U LLi x w LL LU U LLi w N Lu 0 Q z a O z O z F U Q m V 00 z 0 U W a LU fL U) O z_ Z � Q Uy O a m a x w w O a z a °O N U as O C. a 0 Z O m Y U 03 LU Lai J J � F S CO U � 0 a a� z a a ce U w LU LU s ZV uj �CL Na iaw -JZ 0 z U a F W °O O O? m fez a �o 0 Jurisdictional Maps CD co (o co 0 Q � In III 10 k' b • r t ky.c, E'' �S. 1 I43'i'1 145.�TE St Vii' �. � t} F An .y h „k`Sgnr. .xy ���.� s1 'a..�ll► � � S �r I R r Y Ii.A -i cn o 0 m cn a3 Cry m co z ' t> C�l (31 tv co CO C) Cri a n 0 r V tf3 -ma O O R+£ Lrt C33 Lp C,l Op � �a w f EXHIBIT 96XI Public Hearing Notice 18 SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION [2015.5 C.C.P STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of SAN CABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue: of said newspaper and not in any supplement thereof on the following dates, to wit: 2/19/07 declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 19 day of FEBRUARY J 07 signature EIV tvi i F N C E