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HomeMy WebLinkAbout2006 08 30TO THE MEMBERS OF •' • THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, AUGUST 30, 2006 at 5:30 P.M. at City Hall, 3rd Floor, Room 307 - 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: August 24, 2006 "original signed" Manuel Lozano Mayor I, 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 August 24, 2006. yy� Rosemary M, Gutierrez Chief Deputy City Clerk City Council Special Meeting Agenda — August 30, 2006 AUGUST 111 SPECIAL MEETING CITY HALL — 3 Id FLOOR, ROOM t Manuel Lozano David J. Olivas Anthony J. Bejarano Marlen Garcia Ricardo Pacheco Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Please Note Meeting Start Time and Location PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAOAR 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, agenda on any matter posted on the agenda or para hablar sabre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio a Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Pdblico (Public agenda. Each person is allowed five (5) minutes Communications) anunciado en la agenda. A cada speaking time. A Spanish - speaking interpreter is persona se le permite hablar par cinco (5) minutos. available for your convenience. Hay un interprete para su conveniencia. City Council Special Meeting Agenda — August 30, 2006 CITY COUNCIL SPECIAL MEETING — 5:30 P.M. ROLL CALL Council Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Chair David J. Olivas and Mayor Manuel Lozano Five (5) minute speaking time limit Cinco (5) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o, circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a in vestigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Chief of Police Title: PULJIIi Wor NO L-11i 4--t'Lul Title: Human Resources Manager 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Director of Community Development Title: Director of Recreation & Community Services 3. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiator: Vijay Singhal Un-represented Employees: Chief of Police Recreation and Community Services Director Community Development Director City Council Special Meeting Agenda — August 30, 2006 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. Dated August 24, 2006. 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 LclutierrezQbaidwinpark. com or Inieto&baldwinl2ark. 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 //) City Council Special Meeting Agenda — August 30, 2006 Fne][W _1 COUNCIL CHAMBER 7:00 P.M. rM Manuel Lozano David J. Olivas Anthony J. Bejarano Marten Garcia Ricardo Pacheco Mayor Mayor Pro Tern Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES to 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 desea la oportunidad de dirigirse al Concilio o alguna de Agencies, you may do so during the PUBLIC sus Agencias, podra hacerlo durante el periodo de COMMUNICATIONS period noted on the Comentarios del POblico (Public Communications) agenda. Each person is allowed five (5) minutes anunciado en la agenda. A cada persona se le permite speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutos. Hay un interprete para su available for your convenience. conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 P.M. 4Wk914@A0*1k4 PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Plaque to Anna Frutos—Sanchez, Southern California Edison Administration of Oath of Office and presentation of Certificates of Appointment to re- appointed and newly appointed Personnel Commissioners Johanna Gaona and Barry Lu; Planning Commissioners Monica Garcia, Binh Nguyen and David Sano; and Recreation & Community Services Commissioners Ana Lujan, Dolores A. Macias and Irma Tarango I :kIll -.111 [OK6191 M I kyj t I i ki I 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 8 00 PLEASE NOTIFY THE CITY CLERKIF YOU REQUIRE THIE SERI C__ OFAN INTER. ..ETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en alg0n asunto a menos que sea incluido, en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dingir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF AUGUST 30, 2006 TO SEPTEMBER 19, 2006 City Council Agenda — August 30, 2006 Page 2 Staff recommends City Council approve the preparation and presentation of the awards as outlined in staff report. 2. MINUTES Staff recommends City Council approve the minutes of the August 9, 2006 meeting (Special) and the August 16, 2006 meeting (Special & Regular). 3. APPROVAL OF FISCAL ACCOUNTABILITY POLICY Staff recommends City Council approve and adopt AP# 022 — Fiscal Accountability Policy. 4. WAIVE FORMAL BIDDING PROCEDURES AND AWARD A CONTRACT FOR SERVICES FOR THE REPLACEMENT OF PUMP #2 AT THE PUENTE AVENUE PUMP STATION TO FIELD TECHNOLOGY, INC. Staff recommends City Council award a contract to complete the pump replacement at the Puente Avenue Pump Station, Pump #2 to Field Technology, Inc. in the amount of $48,324 and authorize the Mayor to execute the Agreement. 5. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES — CHRISTIANSEN AMUSEMENTS Staff recommends City Council approve the Agreement for Carnival Services with Christiansen Amusements and authorize the Mayor to execute the Agreement. 6. AWARD OF CONTRACT FOR SERVICES RELATED TO THE REPAIR OF CONCRETE INFRASTRUCTURE IMPROVEMENTS TO GENTRY BROS., INC. Staff recommends City Council award an annual contract to Gentry Bros., Inc. for $60,000; authorize the Mayor to execute the Agreement and authorize the Director of Public Works, with the concurrence of the Interim Finance Director, to increase the subject contract by an amount not to exceed $40,000 upon receipt of additional funds. 7. APPROVAL OF PROPOSED EMPLOYMENT AGREEMENT WITH DAVID BASS, BUDGET OFFICER /FINANCIAL CONSULTANT Staff reCnm►nen(iC (°ity Council approve the proposed employment Ayr °c °cmcnt witi 1 David Bass, Budget Officer /Financial Consultant in the amount of $30,000 and authorize the Mayor to execute the Agreement. 8. RESOLUTION DECLARING SEPTEMBER 1 5th — OCTOBER 1 51h, 2006 AS HISPANIC HERITAGE MONTH Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2006 -056 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING SEPTEMBER 15 — OCTOBER 15, 2006 AS HISPANIC HERITAGE MONTH IN THE CITY OF BALDWIN PARK." 9. PROPOSED EMPLOYMENT AGREEMENT WITH GENE LOGAN, BUILDING OFFICIAL /SUPERVISING PLAN CHECK ENGINEER Staff recommends City Council approve the proposed Employment Agreement with Gene Logan for services as the Building Official /Supervising Plan Check Engineer and authorize the Chief Executive Officer to execute the Agreement. City Council Agenda — August 30, 2006 Page 3 I N 4091 A 0 0 IN 10. APPROVAL OF PROPOSED EMPLOYMENT AGREEMENT WITH ED LOPEZ, CHIEF OF POLICE Staff recommends City Council insert the negotiated compensation figure into the proposed Employment Agreement to appoint Ed Lopez as Chief of Police, approve the proposed Agreement and authorize the Mayor to execute the Agreement 11. ADOPTION OF RESOLUTION NO. 2006-055 NOMINATING A CITY COUNCIL MEMBER TO RUN FOR ELECTION AS A REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Staff recommends City Council determine whether there is interest on the part of the Mayor or any City Council Member to be nominated for election as the representative to the San Gabriel Basin Water Quality Authority. If there is interest, it is recommended that the City Council vote to determine who the nominee shall be and then waive further reading, read by title only and adopt Resolution No. 2006-055 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, NOMINATING COUNCIL MEMBER TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY." 12. DISCUSSION OF PEDESTRIAN SAFETY AND TRAFFIC CALMING PROGRAM Staff recommends City Council approve the proposed list of speed bump locations and authorize staff to request bids for the installation as soon as funds are available. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 13. Request by Councilmember Ricardo Pacheco for discussion on the following: a) Discussion of update on pedestrian safety traffic calming program; b) Discussion of formation of an ad hoc City Council committee to recommend "Best Practice" City and Community Energy Efficiency Programs and Initiatives and investigate full potential of available energy efficiency programs and policies for City Council consideration; and c) Request to direct staff to apply for California Public Utilities Commission Self- Generation Green Power Incentive Program. And California Solar initiative program to provide clean energy for city facilities. FI111116ligg City Council Agenda — August 30, 2006 Page 4 CERTIFICATION I, Rosemary M. Gutierrez, Chief Deputy City Clerk under penalty of perjury under the laws of the Sta was posted on the City Hall bulletin board not less this 24th day of August 2006. Rosemary M. Gutierrez Chief Deputy City Clerk of the City of Baldwin Park hereby certify e of California, that the foregoing agenda han 72 hours prior to the meeting. Dated 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 rgutierrezgbaldwinpark.com or Inieto .baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — August 30, 2006 Page 5 AUG 3 0 2006 RCITY OF BALDWIN PARK �4 CONSENT CALENDAR BALDWIN P , A - R, K TO: Mayor and City Council FROM: Vijay Singhal, Chief Executive Officer DATE: August 30, 2006 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period August 30, 2006 to September 19, 2006 WHUNM� 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. As of August 30, 2006, there were no requests received for the period from August 30, 2006 to September 19, 2006. The following requests for plaques and certificates were approved by the Chief Executive Officer and were ordered and/or prepared: I Time/Date/Place of Date Needed Requested By List of Honorees Presentation Councilmember i Petty Officer Victor. Garcia 7:00 pm, Thursday, Plaque Garcia August 17, 2006 8/117/06 Concerts in the Park Councilmember Inez Alvarez 12:00 noon, Thursday, Plaque Garcia Program Coordinator August 17, 2006 8/17/06 Guadalajara Grill Mayor Pro Tern Martha Reyes, 7:00 pm, Thursday, Plaque Olivas Chairperson, Recreation August 24, 2006 8/24/06 and Community Services Concerts in the Park Commission Mayor Pro Tem Anna Frutos-Sanchez, 7:00 pm, Wednesday, Plaque Olivas Region Manager Public August 30, 2006 8/30/06 Affairs for SCE — City Council meeting Proposed Recognitions August 30, 2006 Page 2 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 COUNCIL CITY OF BALDWIN PARK CITY COUNCIL MINUTES AUG 3 0 2006 WEDNESDAY, �`&W 09, 6:00 p.m. Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/Chair David J. Olivas, Mayor Pro TemNice 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 MEETING at the above time and place. Present: Councilmember Bejarano, Councilmember Garcia, Councilmember Pacheco, Mayor Pro Tem Olivas, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo, Recreation and Community Services Director, Jim Davis, Interim Public Works Director, Matthew Lamb, Community Development Director, Rosemary M. Gutierrez, Chief Deputy City Clerk, Victoria Cross, Interim Human Resources Director, David Bass, Management Consultant, Michael Taylor, Captain. 1. WORKSHOP TO DISCUSS THE PROPOSED RESTRUCTURING PLAN Chief Executive Officer Singhai presented the report stating that at the last Council meeting, the Citv Council provided direction to staff on a restructuring plan. The E-Team met on Monday, August 7, 2006, to review the memorandum that was distributed at that meeting. CEO Singhal referred to the summary of bullet points outlined in the hand-out. Chief Executive Officer Singhal reviewed the deal points of the restructuring plan and the next steps as outlined in the hand-out. He stated that it is staff's understanding that the Council wants to reduce expenditures by $1 million dollars so that reserves can be replenished. The question is, does the Council want to leave the Reserve amount at $600,000 or is the intent to raise to $900,000 or is it $300,000? Councilmember Bejarano stated that the direction provided is not necessarily a reduction of the $1,000,000; it could be a combination of new revenues just so that that the $1,000,000 that was used this year could be replenished so that by year-end the actuals, expenditures and revenues, will be equal. 8/21/2006 CITY COUNCIL Page 2 of 6 Mayor Pro Tem Olivas stated that the policy on reserves is forthcoming. He inquired about the "lock box" amount and questioned as to whether the Council wants to increase the amount to $1.6. The answer however, depends on the specific policy that will come back on reserves. Previously the Council had established an amount of 2 %. At this point, the Council has to determine and establish the amount of reserve. It has been determined that $600,000 is not enough. Chief Executive Officer Singhal requested clarification as to whether the reserve will be $300K or $1 million. Director Lamb stated for the purpose of clarification, that the original contingent reserve was $900,000 and so at conclusion of our fiscal year it was $600,000 so we either go back to the originally stated $900,000 or go back to the un- appropriated reserve together which was $1.5. Councilmember Bejarano stated that his main concern is that we have in place a system so that from this point forward we are efficient to the point that we do not have to use reserves to balance the budget so that systematically, our expenditures and our revenues, in a regular fiscal year, will meet, unless there is some unforeseen catastrophe that would require the city to tap into its reserves; but as a matter of policy, the revenues and expenditures on a normal year should meet and right now that is not the case. Councilmember Garcia spoke to the issue of setting 10% of the city's budget as a reserve amount, noting that a goal of 10% would be difficult to achieve especially if we are expecting to provide the same or higher level of sevice when so many reductions have already been made. For us to move on to next year and on top of that make money - that's unrealistic. A realistic goal is to recapture $300 and make $200K to $300K maximum in addition to, that would take us to $1.1 million. Goal has to be realistic. After lengthy discussion, the City Council by consensus, directed to set $1 million dollars as the reserve amount and that the goal of 3% be attempted to be met. This will be earmarked as the lock box reserve. Mayor Pro Tem Olivas requested that the following areas and programs be explored as potential revenue generating sources: 1) Establish a date for the Park Maintenance Election. Councilmember Garcia requested that the language of the text include an annual escalator clause or CPI increase. City Council requested that the Election be held before April, 2007; 2) Review Landscape Maintenance for inclusion of CPI increase; 3) Look at installing additional Red Light Cameras; 4) Graffiti Removal Cost Recovery Program; 5) Increase in fees for Freeway (Business) Branding Directional Signs; 6) Implement a Bus Shelter Advertisement Program; 7) Review Building fees; 8) Establish a Plan Review fee; 9) Review Prop A Funds /Transportation Funding; 10) Restructure Transit Program; 11) Quarterly review by City Council of all contracts by departments; 12) Review "Big -5" for police department policing 8/21/2006 CITY COUNCIL Page 3 of 6 (Walmart, Target, Kaiser Permanente, etc); 13) Placement of public pay phones in public right -of -ways; 14) Establish fees for Wifi connections; and 15) Review Business License Fees. Councilmember Ricardo Pacheco arrived at 6:45 p.m. ..• ffia - • t - ] • Vijay advised that the E -Team meeting (brainstorming session) will be held Tuesday, August 15, 2006. Councilmember Bejarano stated that it is his goal that all departments do not continue to do business as they have been in the past. He would like every department to go back and review how they do things and figure out a way to do the same job with less and to make employees more responsible. He would also like to look at job descriptions. For example, there may be individuals who are doing only one job that could potentially be given one or two additional assignments. The goal is to not have complacency within the organization. We have a significant amount of employees and many of the processes are outdated so the goal is to provide the same, if not a better level of service and to internally figure out a way of how to provide that service more efficiently. Upon question from Mayor Lozano, Coluncilmember Bejarano stated that cross - training could be one of the components of the restructuring plan. Mayor Lozano inquired as to how this approach would affect employees who are represented by unions. Special Counsel Richard Kreider stated that additional job assignments is something that the unions would possibly be commenting on. He stated however, that this matter can be responded to by the city's right to assign work in accordance With th,- contracts. vhie£ `nec..#; a O. f4; er Singhai noted that ti here are currently many job descriptions that are out - dated. Job expectations and the work environments have changed but the job descriptions have not. He further stated that as jobs become open, the descriptions are updated at that time. Mayor Pro Tern Olivas suggested looking at positions that may be under- utilized in an area but may be utilized in another area, for example in the Redevelopment Department, there are currently two secretaries and only two employees. There has to be more flexibility in place that will allow employees to work in areas or departments where they are most needed. Councilmember Garcia feels that this situation is extremely sensitive especially because most employees are represented by a union. She strongly urged that the employees be made aware of the process and be given the opportunity to participate and have ownership of the proposed changes. 8/21/2006 CITY COUNCIL Page 4 of 6 Chief Executive Officer Singhal noted that calls have already been received from Union representatives. The union groups will be included in the restructuring process. Councilmember Garcia reiterated the importance of having front -line personnel included in this process. She feels that input from the employees is vital and they should be able to participate knowing that their comments and imput will be acknowledged and responded to. Councilmember Pacheco wants to notify the employees that the Council is not just looking at lay -offs. He suggested that the Chief Executive Officer prepare and distribute a letter to all city employees advising everyone of the Council's goals. He also requested that an advisory team be formed that includes employees so that they will have an opportunity to participate in this process. He feels that it is important to communicate to the employees that the City Council is prepared to listen to their input and to inform them of any action to their suggestions and /or recommendations. Councilmember Garcia referred to the suggestion boxes cited at various locations throughout the city and recommended that the boxes also be used as a source of communicating city employees' input and concerns. Councilmember Pacheco requested that staff conduct a department by department analysis to see how each department operates. Councilmember Bejarano stated that the city has to make significant reductions in expenditures and since approximately 70% of the city's existing budget is personnel, the fact of the matter is that there are going to be some positions that are going to have to be phased out or eliminated at some point. It is important to get everyone on board and have everyone become a part of the process. There also has to be some kind of message that either employees become a part of the process /solution or they will continue as part of the problem. If suggestions are not received as to how a process can be improved or how things can be operated differently, there is probably an employee within the organizaiton who can do the job and someone who will be more innovative. If people are not willing to make the changes, then those may potentially be the first positions to be phased out. At some point, positions and personnel will have to get cut. In addition some job descriptions may be so out - dated, there may no longer be a need for certain positions. This will have to be a component of the restructuring plan. Mayor Pro Tem Olivas recommended that resources be allocated to the Economic Development Department. There is no way that the Council's goals can be accomplished if the department is not fully staffed. Mayor Pro Tem Olivas spoke about the issue of centralizing some city functions. He stated that contracting can possibly be cut an additional $100K through possibly centeralizing printing so that there's a master bid for the entire city. He also suggested a master bidding process for the acquisition of supplies, car maintenance and repairs. He also suggested consolidating part -time jobs to 8/21/2006 CITY COUNCIL Page 5 of 6 full -time as necessary, or vice versa; possibly look into selling or leasing the maintenance yard facility (prime freeway location) to a developer who can utilize for a higher and better use. Councilmember Bejarano requested that staff agressively pursue the recruitment of interns, particulary from local universities. He also requested that the matter of the cost of retirement be looked into particularly pursuing a strategy that will make headway for funding this expenditure in future years. Mayor Lozano requested that a special fund be set up specifically for redirecting revenues for retirements. PUBLIC COMMUNICATIONS Ms. Claudia Ornelas and Mr. Martin Rodriguez of the Southwest Voter Project, invited the City Council to participate in the 2006 National Latino Congreso which will take place September 6 -10, 2006 at the Sheraton in Los Angeles, The Congreso will establish a long -term Latino agenda and actoin plan, educate and train a wide range of Latino community leaders, elected officials and activits on critical issuea, and mobilize Latino community leaders, with a special emphasis on establishing opportunities for new and young leaders. All members were encouraged to attend. Mayor Lozano and Councilmember Pacheco thanked Ms. Ornelas and Mr. Rodriguez for the invitation. NEXT STEP Chief Executive Officer Singhal identified the Next Step as follows: 1) Confirm the restructuring objective from today's meeting and receive additional direction from City Council; 2) E -Team and Managers are scheduled to have a "brainstorming" session on Tuesday, August 15, 2006; 3) E -Team will develop a schedule and plan outline and submit to Council on August 23, 2006; 4) The process must engage various levels of the organization. Staff will explore recruitment of consultants to facilitate process; and 5) Staff will draft a Fiscal Accountability policy for approval by the Council at the August 306, 2006 City Council meeting. Councilmember Bejarano reiteratred that it is important for staff at every level, to take a look at every process, every contract and for everyone to look at discovering a better way to do things. It is time to look at new alternatives in every area for example, at how supplies are stocked to how the electric bill is paid. Director Lamb stated that it was important to hear from the Council on this matter. While the restructuring plan is a challenge, staff is certainly moving forward and will go after the hightest priorities. Interim Director Davis welcomed the opportunity and stated that he has already met with his staff members to potentially identify additional revenue generating sources for example, working on a proposal to fund sewers and looking at the mosquito abatement program. Mayor Pro Tem Olivas took this 8/21/2006 CITY COUNCIL Page 6 of 6 opportunity to thank Interim Director Davis for his services and commended him on the work he performed while on board. At the request of Mayor Pro Tern Olivas, Interim Director Davis committed to preparing a report to Council identifying his observations and recommendations. Director Carrillo echoed the comments of Director Lamb noting that along with the challenge, the proposed restructuring plan brings with it many opportunities. The Recreation and Community Services Department has also started to implement some cost reduction approaches, for example there are more part -time (and full -time) staff doing work that would typically be contracted out for example, a $19,000 contract for building repairs (drywall and the repairs) was kept in -house as opposed to contracting out. Mayor Pro Tern Olivas commented on the pass- through Agreements and requested that this matter be re- negotiated. Chief Executive Officer Singhal noted that a meeting was held with Keyser Marsten last week and the negotiation process has begun. Staff will keep Council updated on this matter. There being no additional comments, this portion of the meeting was concluded. RECESS TO CLOSED SESSION The City Council recessed to closed session at 7:40 p.m. with all members present. City Attorney Scher reported the action as follows: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC Section 54957): Title: Chief Executive Officer ACTION: Matter was discussed and continued to August 16, 2006. No reportable action, nothing further to report. l * There being no further matters before the Council, the meeting was adjourned at 9:40 p.m. Rosemary M. Gutierrez Chief Deputy City Clerk 8/21/2006 0 : A WEDNESDAY, AUGUST 16, 2006 5:30 p.m. Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/Chair David J. Olivas, Mayor Pro TemNice 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. ROLL CALL Present: Mayor Lozano, Councilmember Pacheco, Mayor Pro Tern Olivas, Councilmember Garcia, Councilmember Bejarano. Absent: None. Also Present: Maria A. Contreras, City Treasurer, Mark Kling, Chief of Police, Matthew Lamb, Community Development Director, Manuel Carrillo, Recreation and Community Services Director, Stephanie Scher, City Attorney, Vijay Singhal, Chief Executive Officer, Laura Nieto, Deputy City Clerk, Rosemary M. Gutierrez, Chief Deputy City Clerk, Susan Rubio, City Clerk. PUBLIC COMMUNICATIONS 1►LO] 5:45 P.M. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL: 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Victoria Cross, Interim Human Resources Director and other representatives as designated Employee Organizations: SEIU Employees 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Finance Director Public Works Director 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Chief of Police Title: Director of Community Development Title: Director of Recreation & Community Services Page 1 of 3 4. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiator: Mayor Manuel Lozano Un-represented Employees: Chief of Police Director of Community Development Director of Recreation & Community Services 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Chief Executive Officer RECONVENE IN OPEN SESSION City Council reconvened in open session at 9:40 p.m. with all members present. REPORT FROM CLOSED SESSION City Attorney Scher reported that an item regarding PUBLIC EMPLOYEE EMLOYMENT had developed after the posting of the Notice of Agenda. There is an immediate need to take action on this matter. A motion was made to add the item as recommended by the Attorney as follows: PUBLIC EMPLOYEE APPOINTMENT (GC Section 54957.6); Title: Chief of Police MOTION: Mayor Pro Tern Olivas SECOND: Mayor Lozano 04:101;4 d:4 1Z91 0 to] W-014:11 11&*1 *11. relkwlud TM Rffil"Mej I 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) ACTION: Direction provided to Agency Negotiators. Nothing further to report. 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Finance Director Public Works Director ACTION: Direction provided to Chief Executive Officer. Nothing further to report. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Chief of Police; Title: Director of Community Development ACTION: It was announced that Sunday, August 20, 2006 would be Mark Kling, Chief of Police last day of employment. 4. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiator: Mayor Manuel Lozano; Un-represented Employees: Chief of Police; Director of Community Development; Director of Recreation & Community Services ACTION: Direction provided to Labor Negotiator. Nothing further to report. 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Page 2 of 3 Chief Executive Officer ACTION: Matter was not discussed. Nothing further to report. 6. PUBLIC EMPLOYEE APPOINTMENT (GC Section 54957.6) (Subsequent Need Item Added); Title: Chief of Police ACTION: Effective immediately, Ed Lopez was appointed as the Interim Chief of Police. Nothing further to report. VIT50619:101TAWN There being no further matters before the Council, the meeting adjourned at 9:40 p.m. Approved as presented by the Council at their meeting held August 30, 2006. Rosemary M. Gutierrez Chief Deputy City Clerk Page 3 of 3 WEDNESDAY, AUGUST' 'UST 20104 7:00 p.m. COUNCI CHAMBERJ�'% 14403 E. Pacific Manuel Lozano, Mayor David J. Olivas, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Councilmembers 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. Al� �4� I Ll LT10141-1, % 1111 [07 0I Led by Council Member Garcia PLEDGE OF ALLEGIANCE F.10114107-1W Present: Councilmember Bejarano, Councilmember Garcia, Councilmember Pacheco, Mayor Pro Tern Olivas, Mayor Lozano. Absent: Hennie Apodaca, Interim Finance Director. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo, Recreation and Community Services Director, jim Davis, interim Public Works Director, Matthew Lamb, Community Development Director, Mark Kling, Chief of Police, -'y - i, e Maria A. Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary M. Gutierrez, Chief Deputy City Clerk, Laura Nieto, Deputy City Clerk. Rule 20 A presentation on the Underground Project on Ramona Boulevard - Resolution No. 98-95 by Anna Frutos - Sanchez, Southern California Edison Ana Frultos-Sanchez, Dana Anderson & Marisa Castro-Salvari presented an overview of the Rule 20 A - Underground Project on Ramona Boulevard. Ms. Frultos-Sanchez thanked the Council for all of their support. Mayor Lozano inquired if the request for funds for the Gabaee Project had been forwarded to SCE. Ms. Castro-Salvari explained that yes, the project does qualify but an expedited timeline would not be possible. In response to a question from Mayor Lozano, Mr. Anderson responded that even though the project does qualify for Rule 20 A funds, if the developer completes the project using his own funds, SCE would not reimburse the developer - SCE has to perform the work. Mayor Pro Tern Olivas requested that the City present a tile plaque to Ana Frutos- Sanchez. There were no objections. Presentation of proposed newly designed City website Chief Executive Officer Singhal gave a brief overview of the newly designed website and staff presented the site. Council Member Garcia requested the addition of a button that would link residents to local utility company contact information. The Council complimented staff on their efforts and hard work on developing the website. PUBLIC COMMUNICATIONS Margaret Salonisen, 3783 Millbury - President of the Baldwin Park Women's Club thanked the Council for attending their 100 Year Anniversary. Sonia Iranpoor, 3813 Grace Avenue addressed the Council about the recent rejection of her application for a patio permit due to lack of open space. Community Development Director Lamb advised the Council that he had met with Ms. Iranpoor and explained the concern of the City in maintaining open space requirements. Mayor Pro Tern Olivas inquired about the possibility of another type of patio proposal. At the request of Mayor Lozano, City Planner Harbin explained the open space requirements. CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 - 7 as presented and as follows: Moved by Mayor Lozano, seconded by Councilmember Pacheco. 1 WARRANTS Q. nGnAANDQ 1 V V /-1 l% 1 \/11 I V %X V I_ I V I /'l I V lJ V City Council received and filed ti ie repvi 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF AUGUST 16, 2006 TO AUGUST 29, 2006 City Council approved the preparation and presentation of the awards as outlined in staff report. 3. MINUTES City Council approved the minutes of the July 19, 2006 meeting (Regular) and the August 2, 2006 meeting (Regular & Special). 4. CITY TREASURER REPORT - JULY 2006 City Council received and filed the report. Page 2 of 5 5. 2nd READING OF ORDINANCE NO. 1292 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1292 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBDIVISION (C) OF SECTION 35.097 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PREVIOUSLY APPROVED EXEMPTIONS FROM THE UTILITY USER TAX." 6. ADOPTION OF RESOLUTION SUPPORTING THE PASSAGE OF STATE PROPOSITIONS 1A AND 113 ON THE NOVEMBER 7, 2006 BALLOT City Council waived further reading, read by title only and adopted Resolution No. 2006 -053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE PASSAGE OF PROPOSITIONS 1A & 1 B ON THE NOVEMBER 7, 2006 BALLOT." 7. APPROVAL TO PURCHASE VEHICLES AND WAIVE FORMAL BID PROCEDURES City Council 1) found that it would be uneconomical to follow purchasing procedures since the vehicles are available at lower prices if purchased through existing contract with the County and that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures; and 2) waived the formal bidding procedures and authorized staff to utilize the Los Angeles County Sheriffs bid for the lease /purchase of four (4) Police Department vehicles; and 3) authorized the Interim Finance Director to expend $31,022 from Account 130.58.5733. SET MATTERS - PUBLIC HEARINGS 8. PUBLIC HEARING TO ADOPT A RESOLUTION AND THE CITY'S 2006 CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or in oppositon. Seeing no interest, the public hearing was closed. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006 -047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Moved by Mayor Lozano, seconded by Councilmember Garcia. •- • • 9. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL THE JUNE 30, 2006 SCHEDULED VACANCIES ON Page 3 of 5 VARIOUS COMMISSIONS (Continued from August 2, 2006) City Clerk Rubio presented the report to the Council. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006 -008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2006 -008 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: APPOINTING JOHANNA GAONA TO OFFICE #1 FOR A TERM EXPIRING JUNE 30,2008; AND APPOINTING BARRY LU TO OFFICE #2 FOR A TERM EXPIRING JUNE 30, 2006. Moved by Mayor Lozano, seconded by Councilmember Garcia. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006 -039 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2006 -020 APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: APPOINTING DAVID SANO TO OFFICE NO. 3 FOR A TERM EXPIRING JUNE 30, 2008; APPOINTING BINH NGUYEN TO OFFICE NO. 4 FOR A TERM EXPIRING JUNE 30, 2008; APPOINTING RAQUEL MONICA GARCIA TO OFFICE NO. 5 FOR A TERM EXPIRING JUNE 30, 2008. Moved by Mayor Lozano, seconded by Councilmember Garcia. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006 -040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2006 -040 APPOINTING INDIVIDUALS TO THE RECREATION AND COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: APPOINTING ANA LUJAN TO OFFICE #1 FOR A TERM EXPIRING JUNE 30,2008; APPOINTING IRMA TARANGO TO OFFICE #3 FOR A TERM EXPIRING JUNE 30,2008." Moved by Councilmember Pacheco, seconded by Mayor Pro Tern Giivas. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006 -040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2006 -040 APPOINTING INDIVIDUALS TO THE RECREATION AND COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: APPOINTING DOLORES A. MACIAS TO OFFICE NO. 2 FOR A TERM EXPIRING JUNE 30, 2008. Moved by Councilmember Garcia, seconded by Councilmember Bejarano. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 10. Request by Mayor Manuel Lozano for discussion on the following: a) Solar Power Source for City Hall and off campus facilities; and Page 4of5 b) Discussion of alternative vehicles for City Hall; Hybrid, Ethanol Vehicles Recreation & Community Services Director Carrillo advised that Facilities Maintenance is currently using alternative fuel vehicles, but there are not currently any of those vehicles in the police department. Mayor Lozano requested that staff look into the possibility of utilizing alternative fuel vehicles. 11. Request by Councilmember Ricardo Pacheco for discussion on the following: a) Announcement of Intercity Transportation Summit committee meeting, 6:00 pm, Monday, August 21, 2006; and Council Member Pacheco announced the upcoming meeting and requested that the presentation given at the previous meeting be distributed to the rest of the Council Members. Mayor Pro Tern Olivas requested that the Transportation Summit Committee Meeting be noticed as a Special Council Meeting. There were no objections. Council Member Garcia commented on issues between SCAG & the San Gabriel Valley COG and requested clarification. b) Discussion of update on pedestrian safety traffic calming program Council Member Pacheco requested that staff continue to work on the traffic calming program and bring a report back to the Council. There were no objections. _! S There being no further matters for discussion, the meeting was adjourned at 8:03 p.m. Approved as presented by the Council at their meeting held August 30, 2006. Laura M. Nieto Deputy City Clerk Page 5 of 5 ., TO: Honorable Mayor and City Council Members FROM: Hennie Apodaca, Interim Finance Director, � David A. Bass, Interim Budget Officer ,;I P/yarm 71 DATE: August 30, 2006 AUG 3 I 2006 ITEM O SUBJECT: CONSIDERATION OF A FISCAL ACCOUNTABILITY POLICY Fa I :.r The purpose of this report is to submit a set of fiscal accountability policies that will assist the City in its effort toward fiscal health. -s r During the budget process City Council directed staff to develop fiscal accountability standards that would assist the City Council and staff in monitoring, maintaining, and improving the financial condition of the City. In the past the City Council has adopted some elements that would be contained in a fiscal accountability policy, however they were memorialized in a policy format. For a number of years various state and national organizations (Governmental Finance Officers' Association, International City Management Association, an-a' others) have recommended that cities implement fiscal policies. Attached is the proposed Fiscal Accountability Policy. These are in administrative policy format so that they will be accessible by all staff and more likely followed as time goes on. The Policy contains requirements and standards for several financial related areas: • Budget Preparation, Adoption, and Amendment • Financial Reporting • Reserve Policy • Cash and Investments • Grants • Capital Improvement Projects Page 2 Budget Preparation, Adoption, and Amendment A key to fiscal accountability is a balanced budget. The policy requires the Executive Management Team to propose a balanced budget to the City Council. Additionally, any proposed budget amendments will maintain a balanced budget. Financial Reporting Consistent with a balanced budget, regular financial reporting to the City Council and each department will assist in maintaining spending levels at or below the budget level and monitoring the revenues. Reserve Policy The City's general fund reserves have been declining over the past few years. Part of this was due to actions taken by the State that reduced revenue to cities throughout the state and part due to significant increases in expenditures, especially personnel related costs. The following indicates the general fund reserves ( "unreserved fund balance"), as a percent of total general fund revenue: Fiscal Year ending Reserves June 30, 2002 20.2% June 30, 2003 19.7% June 30, 2004 14.3% June 30, 2005 17.6% June 30, 2006 (estimated) 7.2% June 30, 2007 (budgeted) 2.7% The Government Finance Officers Association (GFOA) recommends, "at a minimum, that general - purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than 5 to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures" (GFOA Recommended Practices — "Appropriate Level of Unreserved Fund Balance in the General Fund "). The policy contains a minimum reserve amount of $1,000,000, also referred to as the "lock- box ". Based on General Fund revenues for FY 2006 -07 the $1,000,000 is slightly more than 4% of the revenues. In calculating the percent of reserves the General Fund revenues do not include the revenue of those funds that are supported by the General Fund. The City may also wish to consider a reserve requirement for those special revenue funds that receive funds on non - reimbursement basis, such as gas tax funds. Additionally, the City should consider funding for replacement of equipment (value of $6.6 million at 6/30/05), long -term liabilities of the internal insurance fund (value of $5.0 million at 6/30/05), buildings and improvements (value of $23.4 million at 6/30/05) and infrastructure ($187.2 million at 6/30/05). The most common needs for reserves are as follows: Cash -Flow Needs Cash flow is measured by observing the cash inflow and outflow. It would be unlikely to find a city where the inflow of cash is completely matched, month -by- Page 3 month, with the outflow. For example, property taxes are collected by the counties in California in December and then again in April. The Counties then disburse the cities' share of the property taxes shortly thereafter, so the inflow from property taxes is not evenly distributed month by month throughout the year. The costs supported by property taxes, such as police services, are likely to be distributed more consistently throughout the year, so there is some vulnerability from a cash -flow perspective where a city may not have the cash on hand to match the expenditures on a month -to -month basis. Exposure to Natural Disasters California cities are not strangers to natural disasters. It has been said that while most people do not think California has seasons, it really does; fire season, earthquake season and flood season. These are examples of natural and manmade disasters that can be extremely costly for cities. These disasters often cause damages of great magnitude to public and /or personal property to which a city may be required to respond. Exposure to Economic Impacts The recession experienced in California in the early 1990's is a prime example of economic impact. Another example would be a city that is heavily reliant upon sales tax generated from an auto mall that could abruptly announce closure. Cities must decide for themselves their degree of vulnerability and the importance of setting aside reserves to respond to economic downturns. Cities with more diversity in their revenue source mixes will generally need less of a reserve to respond to economic impacts than those that are heavily reliant on single or limited sources of income. Vulnerability to Actions of the State California cities have found themselves vulnerable to actions taken by the State of California. A prime example occurred in the early 1990's, when the State of California, in response to recessionary impacts, balanced its budget by transferring over $1 billion in property tax from cities, counties and special districts to schools, to reduce the State's contribution to schools from other sources. Cash and Investments This section requires a cash flow forecast, based on the adopted budget, and a monthly reporting of the actual cash flow. The investment reporting, via the Treasurers' report is proposed to be modified so that the funds of the City, Community Development Commission, and Housing Authority are reported separately. Grants Grants are an important source of additional revenue to provide services to the residents and businesses of the City. However, some grants that require the City to provide a match and some grants require an expenditure commitment of general fund dollars long after the grants funds have been expended. The purpose of the section is to require that those and other items be fully disclosed and limit the ability to seek grants that may obligate the City to future unfunded expenditures. Page 4 Capital Improvement Projects Capital projects are a part of City operation and assist in providing services to the residents and businesses. The policy requires that all capital projects identify the full cost of the project, including the future operating costs once the project is complete. Additionally, most capital projects span one or more fiscal years. As a result, the policy provides that the project will continue with the initial funding beyond the fiscal year. FISCAL IMPACT The specific action of adopting the Fiscal Accountability Policy does not result in the expenditure of any City funds. There is a requirement for additional financial reporting to the City Council, which will require staff time. The staff time required to prepare the reports are nominal and should be expected to be provided in the normal scope of municipal finance operations. Staff does not anticipate the need for any additional computer systems (hardware and /or software) in order to comply with the reporting requirements. There is, however, a significant impact as to the funding of reserves, which may require a commitment of funds to increase reserves. Staff recommends that the City Council approve and adopt the proposed Fiscal Accountability Policy. ATTACHMENTS /EXHIBITS Fiscal Accountability Policy City of Baldwin Park Administrative Policy # 022 Date: Approved by Council: Authority: Chief Executive Officer SUBJECT: FISCAL ACCOUNTABILITY POLICY Chief Executive Officer BUDGET PREPARATION, ADOPTION, and AMENDMENT Balanced Budget The Chief Executive Officer and the Executive Management Team will propose a balanced budget to the City Council. Any budget amendments will also maintain a balanced budget. A balanced budget means that: 1. The operating revenues of the General Fund and those funds fully or partially supported by the general fund must fully cover operating expenditures, including debt service. Under this policy, it is allowable for total expenditures to exceed revenues in a given year; however, in this situation, beginning fund balance can only be used to fund capital improvement projects, or other "one- time," non - recurring expenditures. 2. Ending fund balance must meet minimum policy levels as outlined in this policy. Budget Amendment The Council may amend or supplement the budget at anytime after its adoption by majority vote of the Council members. The CEO has the authority to make administrative adjustments to the budget as long as those changes: (1) will not have a significant policy impact, (2) not reduce budgeted year -end fund balances, and (3) is less than $15,000. Any amendments will maintain a balanced budget. 2. FINANCIAL REPORTING AND FISCAL MONITORING A. Annual Reporting The City will prepare annual financial statements as follows: 1. In accordance with Baldwin Park Municipal Code requirements, the City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an unqualified auditors' opinion. 2. The City will use genera'l'ly accepted accounting principles in preparing its annual financial statements, and will strive to meet the requirements of the GFOA's Award for Excellence in Financial Reporting program. 3. The City will issue audited financial statements within 180 days after year -end. If the audited financial statements are not issued within 180 days then the city council shall be notified at the first meeting following this period along with the reasons for not issuing the audited financial statements. 4. The audited financial statements, along with the report on internal control and management letter issued by the auditor, will be presented to the City Council by a representative of the CPA firm that performed the audit and the City's Finance Director. B. Interim Reporting to City Council The Finance Department, with assistance from Department Directors, will prepare and provide interim reports on the City's fiscal status. This includes: 1. Monthly financial reports Fiscal Accountability Policy This shall be presented to the City Council at their meeting no later than 30 days after the end of the month. This reporting requirement applies to the September thru May'. The report shall be at the department and category level for expenditures and category level for revenues. The report shall contain a written analysis as to the status of revenues and expenditures compared to budget, explanation of any significant variances, discussion of key expenditures (personnel costs) and revenues (sales tax, property tax, and motor vehicle license fees). The report shall separate the general fund from all other funds, while all special revenue funds may, be combined. 2. Mid -year Budget Reviews This report will be presented to the City Council no later than the first City Council meeting in February. The analysis shall contain a narrative as to the fiscal status of the City, projections to end of fiscal year for revenues and expenditures, and an estimate of fund balance for each fund at the end of the fiscal year. 3. Interim Annual Reports An interim annual report, which includes estimated, but not final amounts for the fiscal year, will be presented to the City Council in August or September following the end of the fiscal year. C. Budget Monitoring/Expenditure Control by City Staff It is the responsibility of each department to monitor their budgets (both revenues and expenditures) on a monthly basis. Department Directors /Managers must ensure that the expenditures do not exceed allotted budgets and track revenues against projections. The Finance Department will prepare and issue periodic interim reports on the City's fiscal status to the staff as follows: 1. No later than 10 days after the end of the month, monthly reports to Department Heads/Managers on a department and cost center level that shows the budget, current month, year -to -date, and unexpended amount. 2. Upon completion of the upgrade of the City's financial management software, on- line access to the City's financial management system shall be provided to selected City staff in each department. D. Fiscal Administration The Finance Department is responsible for tie operation of the accounting system, which is critical to providing accurate and timely financial reports. As such, Finance Department staff will: 1. "Close" each monthly finance period by the 15th (31St of January for December and 31St of July for June) of the following month. Closing a month means that once the month is closed there will be no additional entries for the month or any previously closed month. The accounting system shall be set so as to prevent posting in "closed" months. If the accounting system is not capable of this requirement it shall be an operational policy that entries are not permitted in "closed" months. 2. Bank reconciliations shall be completed within 30 days following the end of the month. ' The reason for no monthly reports for July, August, June is the staff is preparing for the annual audit and closing the year -end. The June report will be the interim annual report. The reports for July and August will be incorporated into the September report. Fiscal Accountability Policy 2 3. All staff reports, including but not limited to salary resolutions and labor agreements, shall include a fiscal impact statement approved by the City's Finance Director. The fiscal impact shall include the current and future fiscal impact. 4. No supplemental budget requests will be approved after the adoption of the budget unless: a. The request does not require any additional money and either the expenditures are offset by reduction of an another expenditure or increase in revenues b. Is the result of council direction c. Is an emergency item d. In case of (b) and (c) the request must identify the funding source 3. RESERVE POLICY General Fund Reserves MINIMUM RESERVE (LOCK BOX) It is the desire of the City Council that a lock box reserve in the amount of at least $1,000,000 shall be maintained at all times. This reserve cannot be appropriated for spending except with express approval of the City Council. Before seeking reduction in this reserve staff must identify in the staff report to the council why it is requesting use of this reserve and how the reserve is expected to be replenished. This reserve is part of the overall contingency reserve. This reserve can be used to meet City's working capital needs from time to time as needed. 4. CASH AND INVESTMENTS Cash Flow After adoption of the budget, the Finance Department shall prepare a cash flow analysis for the coming fiscal year. This analysis shall be for all funds (general and special revenue) and show the expected net cash flow for each month. This analysis shall be presented to the City Council not later than 45 days following adoption of the Budget. At the conclusion of each fiscal year quarter the analysis shall be updated to include the actual experience and this update shall be provided to the City Council. Investments Staff will annually review the City's investment policy, report to the City Council the assessment of the current policy, and indicate whether changes should be made. All investments, purchase of investments, and the holding of investments shall be in accordance with the adopted investment policy. Investment Reporting The City Treasurer, with assistance from the Finance Department, prepares a monthly report for the City Council (a separate report shall be prepared for the Housing Authority and the Community Development Commission). This report shall be in accordance of the reporting requirements of the City's investment policy and any State Law. Additionally, if the report includes funds of other entities (such as the Housing Authority and /or the Community Development Commission), the City funds shall be clearly separated from these agencies. Fiscal Accountability Policy 5. GRANTS With state - takeaways and continued decreases in key General Fund revenues, grant revenues have become an even more important part of the City's overall resources, especially in funding capital improvements. Although grant programs themselves are being reduced and becoming more competitive, actively seeking out grant revenues that assist in achieving identified City goals and objectives should nonetheless play a key role in the City's overall financial health strategies. The City should avoid grants that fund "pilot" operating programs or short-term staffing enhancements to existing programs. Taking on these programs could ultimately aggravate the City's fiscal position should the desire for the program remain once the grant funding is no longer available. . In such instances staff must identify ongoing funding sources to continue the program after the grants expire. Before seeking grants staff shall identify staffing and other resources required to administer the grant program in compliance with grant requirements and successfully perform the grant work scope. If additional resources are needed then staff shall identify funding for such resources, including the appropriate level of city labor requirements to manage and /or coordinate such grant. The City Council shall approve all grant applications in excess of $5,000 (except in an emergency request) and delegates receipt and contract execution to the CEO if delegation is allowed by the grantor. Prior to submittal, the City Engineer shall review any grant application for a capital improvement project. Prior to recommending to the City Council authorization to submit a grant application staff shall evaluate benefits and costs of specific grant programs on a case -by -case basis as follows: a. Purpose of the grant program and its consistency with identified City goals and objectives. b. Additional staffing, office space, facilities, supplies or equipment that will be required if the grant is awarded. c. Ongoing impact of the grant program after the program is completed. d. Responsibilities of other departments and impacts on them in preparing the grant application or performing work scope if the grant is approved. e. Amount of indirect costs to be recovered from the grant, f_ Total program costs_ including portion funded through grant revenues and any re- ,,;-,] City contribution. g. Source of funding for any required City share. h. Compliance and audit requirements, paying special attention to those areas where the grantor's administrative procedures are different from the City's. The Finance Department shall submit reimbursement requests on a regular basis in accordance with the following: a. As of any month end when the amount due the City exceeds $50,000 b. In May of each year c. As of June 30, in order to accrue the grant receivable d. At completion of the project 6. CAPITAL IMPROVEMENT PROJECT MANAGEMENT Construction projects, which cost $15,000 or more, will be included in the Capital Improvement Plan (CIP); minor capital outlays of less than $15,000 will be included with the operating program budgets. All capital improvement projects must budget the total cost and specifically Fiscal Accountability Policy 4 indicate estimated costs for annual operating cost, planning, design, acquisition, construction management, construction engineering and construction. CIP Appropriation The City's annual CIP appropriation for study, design, acquisition, and/or construction is based on the projects designated by the Council through adoption of the Budget. Unless otherwise directed by the Council, adoption of the Budget is authorization to proceed with the necessary phases to implement the project. Project plans and specifications shall be submitted for Council approval prior to advertising for bids or at the time of bid award. If project costs at the time of bid award are less than the budgeted amount, the balance will be unappropriated and returned to fund balance or allocated to another project. If project costs at the time of bid award are greater than budget amounts, five basic options are available: 1. Eliminate the project. 2. Defer the project for consideration to the next Financial Plan period. 3. Rescope or change the phasing of the project to meet the existing budget. 4. Transfer funding from another specified, lower priority project. 5. Appropriate additional resources as necessary from fund balance. CIP Budget Carryover Appropriations for CIP projects shall continue from year to year until they are closed by the department director or project manager. Project accounts, which have been appropriated, will not lapse until completion of the project phase, provided that the project has commenced during the fiscal year. I � Fiscal Accountability Policy 5 1q11 CITY OF BALDWIN PARK AUG 3 0 i1.1t 6 Jli F FA TO: Honorable Mayor and Members of the City Council FROM: Jim Davis, Interim Director of Public Works DATE: August 30, 2006 ; � i q ql;i � ii�� � F I 1 11 1 11 1",� 0 SERVICES FOR THE REPLACEMENT OF PUMP #2 AT THE PUENTE AVENUE PUMP STATION TO FIELD TECHNOLOGY, INC. This report requests that the City Council waive formal bidding procedures and award a contract for services for the replacement of Pump #2 at the Puente Avenue Pump Station to Field Technology Incorporated. As a result of construction of a below grade underpass for Puente Avenue at the 1-10 Freeway many decades ago, the City owns and maintains a pump station to collect and lift both nuisance and Storm Water Runoff into the Storm Drain System. The pump station system consists of two separate high volume pumps that work in tandem on demand to collect water from below street level. These pumps are a necessity and are long overdue for a major overhaul to ensure the public's safety. In addition, it had been determined that the pumps were seeping large amounts of lubricant and contaminating the water runoff posing a risk of a major NPDES (Clean Water Act) violation. Furthermore, as part of our research it was learned that parts were no longer being manufactured thus necessitating complete replacement of the two pumps with models of current technology. It should be noted that the original pumps were installed back in the early 1950's. Last year staff made an extensive effort, without success, to locate contractors capable of performing the specialized type of work needed. As a result, of a referral received from Caltrans Maintenance Staff we located Field Technology Inc., a company that has experience in working with these specialized types of pumping stations, and the City Council awarded a contract to complete the replacement of Pump #1 in March of Fiscal Year 2005/2006 with the replacement of Pump #2 to be budgeted for Fiscal Year 2006/2007. Thus allowing for the overhaul to be complete prior to the onset of the 2006/2007 rainy season. Due to the urgent nature of commencing work in order to complete the pump replacement, and the lack of contractors that specialize in this field, staff is requesting that Council waive formal bidding procedure. Whenever the Council finds that the public interest or safety is of concern, as with this matter, Section 34.23 of the Municipal Code provides for the Council to waive formal bidding procedure: When the City Council by four - fifths vote determines to dispense with such bidding and other procedures require....upon finding by the Council that it would be impractical, useless or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same. FISCAL IMPACT The cost to replace the pump is $48,324. The approved budget for Fiscal Year 2006/2007 includes sufficient Gas Tax Funds in account number 114.61.5000.094. There is no impact on the General Fund. Reviewed and approved by Interim Finance Director Hennie Apodaca. Staff recommends that the City Council: Award a contract to complete the pump replacement at the Puente Avenue Pump Station, Pump #2 to Field Technology, Inc. in the amount of $48,324; and 2. Authorize the Mayor to execute the attached Agreement. N Wendy Harris Public Works Operations Supervisor 1. Agreement 2. Attachment "A" AGREEMENT THIS AGREEMENT, made and entered into this 30th day of August 2006 by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY") and FIELD TECHNOLOGY, INC. (hereinafter "CONTRACTOR"): In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: •0 • 0 mvj Lem Contractor shall~ perform all services reasonably necessary and required in order to complete the work set forth in its proposal, which is attached hereto, marked Attachment "A" and incorporated herein by this reference. Modifications to the scope of services shall be ordered by means of a written change order. Contractor shall submit to City in writing ten (10) days in advance, a quotation of the increased price for items added, if any, or decrease for items of work proposed to be deleted. Any changes in compensation to Contractor resulting from such change orders shall be agreed upon in writing by the City and Contractor. Contractor shall perform and complete the required services listed in Aftachmen) "A" no later than February 28, 2007. All services to be performed by Contractor shall be timely and performed in accordance with a project schedule that shall be submitted by the Contractor and approved of by the City prior to commencement Contractor shall be compensated upon completion of the project for the services aitadre,f Attachment "A" and incorporated herein by this reference. For the purpose of this Agreement, Contractor shall be deemed, for all purpose an independent contractor. Contractor shall provide all necessary person n z quipment and materials, at its sole expense, in order to perform the servi required of its pursuant to the Agreement. Contractor shall maintain a valid cla C-61 and C-10 contractor's license issued • the State of California. MWAO��� Contract services shall be provided in accordance with the laws and regulations of all governmental agencies. Contractor shall be responsible for becoming aware of and staying abreast of all such laws, and ensuring that all services provided hereunder conform with such laws. When applicable, Contractor shall not pay less than prevailing wage and Contractor shall obtain the prevailing wage rates from the Director of Industrial Relations of the State of California directly, or through, the City. Contractor shall indemnify, defend and hold harmless the City, its officials, agents and employees against any and all actions, claims, damages, liabilities, losses, or expenses of whatsoever kind, name or nature, including legal costs and attorney's fees, whether or not suit is actually filed, and any judgment rendered against the City and/or its officials, officers, agents or employees that may be asserted or claimed by any person, firm, or entity arising out of or in connection with Contractors negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, any negligent acts or omissions of Contractor, its agents, employees, subcontractor or invitees. 7. INSURANCE A.Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and Independent contractor's liability) with the following minimum limits: 1 ) Personal • bodily injury: $1,000,000 single limit, per occurrence; and 2) Property damage: $1,000,000 single limit, per occurrence,* and 33) Combined single limits of $2,000,000. A 0 1 1 - 4WHIM 11101411DIAWATAI I 1111111-ZA1411 MAll IRE111111 1111111 IN11111IRRO]MIK14111k 1) Personal or bodily injury: $1,000,000 single limit, per occurrence; ant 2) Property damage: $1,000,000 single limit, per occurrence; and 3) Combined single limits of $2,000,000. C. Workers Compensation Insurance that complies with the minimum statutory requirements • the State • California. D. Prior to commencement • services hereunder, Contractor shall provide City with a Certificate of Insurance reflecting the above, and an endorsement for each policy that shall provide: 0 1 . the City and its officials, officers, agents and employees named as additionally insured; 2. the coverage shall be primary as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of contractors insurance and not contributed with it; 3. Insurer shall provide at least thirty (30) days prior written notification to the City of cancellation or of any material change in coverage before such change or cancellation becomes effective. 8. NOTICES All notices pursuant to this Agreement shall be in writing, and shall be given by personal service upon the person to be notified or by depositing the same in the custody of the United States Postal Service or its lawful successor, postage prepaid, addressed as followed: City: Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Contractor: Field Technology Inc. 1472 Harbor Avenue Long Beach, CA 90813 MEMMAKEEMOM In the event any party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its court costs and reasonable attorney's fees. K IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. I City Clerk 0 If] A &VKOI a *.1A I -91T, Ji , I 1901 V Manuel Lozano, Mayor -Pape-'IAQA. Title R-11 f�v C-4 kKeJ"'yT— " A I I FIELDTEC14NOLOGY INC. PUMP & MA CHINER Y REPAIR, MACHINE SHOP ELECTRICAL SYSTEMS 1472 HARBOR AVE. LONG BEACH, CA. 90813 562 -590 -0460 fax 562-491-0061 Aug. 15, 2006 City of Baldwin Park 13135 Garvey Ave. Baldwin Park, Ca. 91706 Subject: Puente Pumping Plant Attn: Steve Couchman Dear Steve, We would like to propose the following: Remove pump #2, column, stilling tube, and motor. Provide base adaptation for anchoring of discharge elbow. Install new Fairbanks Morse 6" pump, model 5433MV with seal failure relay. Install discharge elbow, connect to discharge pipe. Provide grating. Remove existing control panel. Install Tesco Controls Inc Liquitronic In Digital Level Controller with wallmount Nema 3R enclosure. Install reactive air level monitoring system. Change existing contactor coils from 240 volt to 120 volt control. Removed pump and motor to be received by customer. Customer to provide lane closure for installation of pump with crane. Labor to be performed during normal business hours. Flow conditions: 970 GPM @- 29' TDH 1120 GPM@ 26' TDH 1300 GPM@ 22" TDH Lump sum estimate $48,324.00 Pump delivery estimated at 8 to 12 weeks. T Vy U WLYURI is ftlod uy LHU-77rrT. -re X Field Technology is currently providing this service for Department of Transportation, City of Anaheim, Disney Resorts, Department of Parks and Recreation, Orange Coast District. Seal Beach Naval Ward. References can be provided. We are licensed by the State of California for Electrical and Pump equipment Repairs. Thank you for the opportunity to be of service. X L —4&A John Speegle President TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo, Jr., Director of Recreation & Community Servi e DATE: August 30, 2006 SUBJECT: Approval of Agreement for Carnival Services — Christiansen Amusements This report requests City Council approval of an Agreement with Christiansen Amusements to provide carnival services for "Celebrate Baldwin Park" Celebration, November 2- November 5, 2006. The City of Baldwin Park will be offering a carnival as part of the 2006 "Celebrate Baldwin Park" 50th Anniversary Celebration. In the past, the City has used the proceeds from the carnival to help underwrite the cost of the anniversary parade and other activities associated with the celebration. For the past eighteen (18) years the department contracts these services through Christiansen Amusements. Staff is very satisfied with the current-carnival operations and has an excellent working relationship with all the associated departments. In addition, staff is pleased with the current contract and it's reflected in the compensation portion of the agreement. 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 for the event including additional police coverage. Christiansen Amusements agrees to provide 700 unlimited ride tickets to be used either on Thursday, November 2, 2006 or Sunday, November 5, 2006. As in the past, the tickets will be distributed to deserving children in the community through the Home Liaisons at the elementary schools. August 30, 2006 Page two Approval of Agreement for Carnival Services - Christiansen Amusements FISCAL IMPACT It is anticipated that the City will generate approximately $13,000, which will be used to offset the cost of the City's 50th Anniversary Celebration. 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 30th day of August, 2006 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, November 2, 2006 through Sunday, November 5, 2006 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, November 2, 2006 at 5:00 p.m. through 10:00 p.m.; continuing Friday, November 3, 2006 from 5:00 p.m. through 11:00 p.m. and Saturday, November 4, 2006 from Noon through 11:00 p.m.; and concluding on Sunday, November 5, 2006 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 ��� b �,e 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 6 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 November 2, 2006 or Sunday November 5, 2006 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 October 27, 2006. 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 sublicensees 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 obligation(s) directly or indirectly arising out of or attributable to, in whole or part, the performance by LICENSEE or its sublicensees, 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, sublicensees, 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 LICENSEE By:' � resi -,'nt City Attorney I11 P A, R, K TO: Honorable Mayor and Members of the City Council FROM: Jim Davis, Interim Director of Public Work DATE: August 30, 2006 AUG 3 0 2006 SUBJECT: AWARD A CONTRACT FOR MAINTENANCE SERVICES RELATED TO THE REPAIR OF EXISTING CONCRETE INFRASTRUCTURE IMPROVEMENTS TO GENTRY BROS., INC. This report requests that the City Council award a contract for maintenance services related to the repair of existing concrete infrastructure improvements to Gentry Bros., Inc. 1:1 M.rfei As a result of reducing the overall Street Maintenance Program in 1997 the City relies on the utilization of a private contractor to provide as-needed demolition and construction services necessary for the removal and replacement of deteriorated concrete infrastructure improvements such as curb and gutter and sidewalk. DISCUSSION Staff solicited proposals from pre-qualified local contractors that hold a valid State of California Class A or C-8 license and the necessary insurance to perform the tvntn- of work involved to remove and replace concrete improvements within the City's right-of-way. Two proposals were received. As with the previous fiscal year, staff has found that many I I - - — found that III contractors are hesitant to bid based on the fluctuation of costs of the materials. Gentry Brothers, last year's authorized contractor, submitted the proposal with the lowest unit pricing. They are located nearby in the City of Irwindale and the proposed pricing is lower overall than what would be expected within the current market. In addition, Gentry Bros. has worked extensively in Baldwin Park overthe years performing similar repairs and recently completed the colored, decorative concrete repairs at the old fountain sites and were the general contractor that completed the Maine Avenue Widening Project. Gentry Brothers is widely known for providing an exceptional level of service. Gentry Brothers is also able to meet the strict licensing and insurance requirements for this type of Public Works construction. Approval of this contract will allow for necessary repairs to be performed on an as-needed basis, thereby reducing liability to the City. FISCAL IMPACT Sufficient funds are available in account numbers 114.61.5000.094 and 117.61.5000.052 in the Fiscal Year 2006/2007 Budget. The total annual cost of this maintenance contract is $50,000 with $10,000 of this amount specifically designated for repairs at City's transit sites. Furthermore, the City currently anticipates receipt of approximately $500,000 of Prop 42 funds in the near future. As a result, additional Gas Tax Funds will be available to increase the contract and make additional repairs aimed at reducing the City's overall liability exposure. There is no impact on the General Fund. Reviewed and approved by Interim Finance Director Hennie Apodaca. RECOMMENDATION Staff recommends that the City Council: 1. Award an annual contract to Gentry Bros., Inc. for $60,000; and 2. Authorize the Mayor to execute the attached Agreement; and 3. Authorize the Director of Public Works with the concurrence of the Finance Director, to increase the subject contract by an amount not to exceed $40,000 upon receipt of additional funds. w rT w n■ u a � u -�-e'� A 1 1 At.#1 111/tCIV 1 J 1. Agreement 2. Attachment "A" AGREEMENT THIS AGREEMENT, made and entered into this 30th day of AUqUSt. 2006, by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY') and GENTRY BROS., INC. (hereinafter "CONTRACTOR"): In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: Contractor shall perform all services reasonably necessary and required in order to complete the work set forth in its proposal, which is attached hereto, marked Attachment "A" and incorporated herein by this reference. Modifications to the scope of services shall be ordered by means of a written change order. Contractor shall submit to City in writing ten (10) days in advance, a quotation of the increased price for items added, if any, or decrease for items of work proposed to be deleted. Any changes in compensation to Contractor resulting from such change orders shall be agreed upon in writing by the City and Contractor. — k J M 0.01101 Contractor shall perform the required services listed in Attachment "A" on an as- needed basis in a mutually agreed upon time for each project occurring within the period ending June 30, 2007. All services to be performed • Contractor shall be timely and performed in accordance with a project schedule that shall be submiff-e-d by the Contractor and annm ed of by the CitV nrinr tn nommencR-ment -V of work. Contractor shall be compensated for the services rendered hereunder accordance with the schedule • bid items attached hereto and mark Attachment "A" and incorporated herein by this reference. I For the purpose of this Agreement, Contractor shall be deemed, for all purposes, an independent contractor. Contractor shall provide all necessary personnel, equipment and materials, at its sole expense, in order to perform the services required of its pursuant to the Agreement. Contractor shall maintain a valid class A or C-8 contractor's license issued by the State of California. Contract services shall be provided in accordance with the laws and regulations of all governmental agencies. Contractor shall be responsible for becoming aware of and staying abreast of all such laws, and ensuring that all services provided hereunder conform with such laws. When applicable, Contractor shall not pay less than prevailing wage and Contractor shall obtain the prevailing wage rates from the Director of Industrial Relations of the State of California directly, or through, the City. Le MOB FF. M ni W9 I- T .9 15 TITS M UTIT i _0 rs M UTITO T-Tirs I I • re 1 M 0 q M. GIVIZZO-JOI --J 1111 Wwl I IVIOM IR-IMP ri I a RIM$ et - fees, whether or not suit is actually filed, and any judgment rendered against the City and/or its officials, officers, agents or employees that may be asserted or claimed • any person, firm, or entity arising out • or in connection with Contractor's negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, any negligent acts or omissions of Contractor, its agents, employees, subcontractor or invitees. 'RAR"r%r- 4 C. Workers Compensation Insurance that complies with the minimum statutory requirements of the State of California. D. Prior to commencement of services hereunder, Contractor shall provide City with a Certificate of Insurance reflecting the above, and an endorsement for each policy that shall provide: 1. the City and its officials, officers, agents and employees named as additionally insured; 2. the coverage shall be primary as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of contractor's insurance and not contributed with it; 3. Insurer shall provide at least thirty (30) days prior written notification to the City of cancellation or of any material change in coverage before such change or cancellation becomes effective. All notices pursuant to this Agreement shall be in writing, and shall be given by personal service upon the person to be notified or by depositing the same in the custody • the United States Postal Service or its lawful successor, postage prepaid, addressed as followed: City: Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 r% ContraCtVor: (31entry Bros., Inc. 384 E. Live Oak -Avenue Irwindale, CA 91706 MMaNMVMMLq'j1 In the event any party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its court costs and reasonable attorney's fees. K IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City Clerk Manuel Lozano, Mayor ATTACHMENT "A" 11R'21E=* -grill 71GISWAIIIA I Item Unit Price Remove and, Replace Curb and gutter (6" face and 12" plate): C� lineal ft Remove and Replace Curb and gutter (0-6" face and 12" plate): -lineal ft Remove and Replace Curb and gutter (6" face and 18" plate): 3 6 lineal ft Remove and Replace Curb and gutter (0-6" face and 18" plate): G C) lineal ft Remove and Replace Curb and gutter (8" face and 12" plate): lineal ft Remove and Replace Curb and gutter (0-8" face and 12" plate): lineal ft Remove and Replace Curb and gutter (8" face and 18" plate): lineal ft Remove and Replace Curb and gutter (0-8" face and 18" plate): D lineal ft Remove and Replace Curb and gutter (8" face and 24" plate): lineal ft Remove and Replace Curb and gutter (0-8" face and 24" plate): f -lineal ft Remove and Replace Type A curb (8" face): lineal ft. Remove and Replace Sidewalk (various width, 4" thick): s Remove and Replace Drive approach (6" thick): sq. ft. Remove and Replace 8" thick PCC pavement: -.----sq. Remove and Replace 60 thick PCC pavement: i J sq. ft. Additional asphalt removalsipavement o ft so. . prep per sq. ft. as needed: Additional charge for extra depths of concrete sq. ft- removal per sq. ft., per verified 2" additional thickness: SENTRY BROTHERS, INC. Company Rame 3B4 I- LIVE OAK AVE- IRVWNDALE, CA 91706 �Lho(_e_ No. f��3 �1 P A, R, K AUG 3 0 2006 TO: Honorable Mayor and Members of the City Council FROM: Hennie Apodaca, Interim Finance Director DATE: August 30, 2006 SUBJECT: PROPOSED EMPLOYEMENT AGREEMENT WITH DAVID A. BASS FOR VARIOUS MANAGEMENT FUNCTIONS IN THE FINANCE DEPARTMENT AND ADMINISTRATION The purpose of this report is to request that the City Council approve an Agreement for Professional Services with David A. Bass to assist with the management of the Finance Department, and related functions pertaining to the future restructuring of the City. The City's Chief Executive Officer retained David Bass to provide assistance with the management of the Finance Department and related functions in the City through and Agreement for Professional Services. This was to ensure continuity of the Finance Department during the budget process. The City is currently completing the recruitment process for a permanent Finance Director. At this time, however, it is not known when a new Director will be on board. Staff is requesting that the City Council approve the attached Professional Services Agreement with Mr. Bass. The hourly rate under this Agreement is $95 per hour, with a total cost not to exceed $30,000 (approximately 25 hours per week). The Agreement, will extend his services through November 30, 2006. With five days notice the agreement can be terminated at any time with or without cause. Due to the vacancy of the Finance Director position, over $30,000 in salary and benefit savings have been generated, which will be greater than the cost of the agreement. (Agency) Staff Report Page 2 Page # Staff recommends City Council approve the Agreement for Professional Services for David A. Bass in the amount of $30,000 and authorize the Mayor to execute the Agreement ATTACH M E N TS /EX H I B ITS Proposed Agreement for Professional Services with David A. Bass AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day Of September, 2006, by and bStvV88D the City Of Baldwin Park ("City"), and David A. Bass, ("Consultant"). The City and Consultant are each 8 "Party" and are COU8C1ivB|y the "Parties." RECITALS A. City dO8inaS to retain Consultant to 8SSiSt with the budget, management of the Finance Department, and related functions in the City (the "Services"). B. Consultant has the expertise to provide the Services to City and 8gn883 to do SO under the terms and conditions set forth herein. NOW, THEREFORE, in C0OSid8[8iiOn of the oov8O8OtS, conditions and agreements contained herein, the Parties hereby agree as follows. 1. SCOPE OF SERVICES. Consultant agrees to perform the Services in 8CCORianCO with all applicable rules, regulations and l8vvS pertaining thereto. The Services Sh8U be generally provided at the City H8|| of City. All Services provided under this Agreement Sh8U be provided S8|8|y by [}8Vid A. BGSS UDleSS written consent to the performance of Services by an employee or subcontractor of Consultant iS first obtained from the Chief Executive Officer. 2. OWNERSHIP OF DOCUMENTS. Any document prepared by Consultant pursuant t0 this /\g[86Dl8Dt shall, UpOO the C0DDp|eti0O thereof, be d88Dl8d for all purposes to be the property of City. 3. COMPENSATION. A. Hourly Rate. Consultant shall be onrnp8DS@ied for the services rendered hereunder at the [8t8 Of $95.00 hour. The rate of compensation established herein shall be deemed full COrnpeDS8tiOn for all vvO[k, labor, and services provided by C0OSUlt8Dt in the performance of this Agreement, including but not limited to any required iDSu[8OC8, except for 8%p8DS8S which are reimbursable pursuant to Subsection B he|ovv B. Reimbursable Expenses. Consultant Sh8U be reimbursed by City for the actual Costs incurred by Consultant associated with travel t[>and 8tt8Dd8Oo8 at seminars and oOOf8[8OCGS or Other buSiO9SS related expenses, provided the prior approval of the City's Chief Executive Officer is first obtained. C. Total Compensation. Total COrnpeOS8tiOn for this CDOtn3Ct shall not exceed $30,000. Page I of 4 4. BILLING. Consultant shall submit an itemized bill to City for approval prior to receiving compensation at no more than bi- monthly monthly intervals. Billing shall include the dates, the time charged thereto, a summary of the total number of hours charged for Services, and the total reimbursable expenses, if applicable. 5. TERM. Consultant's services shall commence on September 1, 2006 (the "Effective Date "), and shall terminate on November 30, 2006, unless earlier terminated by either Party in the manner set forth herein. 6. TERMINATION. The City may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing the Consultant not less than five (5) days prior written notice. The Consultant may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing the City not less than thirty (30) days prior written notice. In the event of termination by either Party, all documents, data, and reports prepared by Consultant, whether or not finished, shall be City's property, and shall be delivered to City or to any other party City may designate. 7. STATUS OF CONSULTANT. Consultant is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of City. Consultant shall secure at her expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Workers' Compensation, and payroll deductions, if any, in connection with the Services to be performed hereunder. 8. LIABILITY. City understands and agrees that Consultant is performing in the stead of a position, which is otherwise authorized to be filled by a City employee. Therefore, City shall indemnify, defend, and hold harmless Consultant against actions, claims, damages, liabilities, losses, or expenses, including legal costs and attorneys' fees, and any judgment rendered against Consultant that may be asserted or claimed by any person, firm, or entity arising out of or in connection +1.1 lamons .I +... is fo f this n + in connection th......�Lore 6.'1e VVIUI VVIIJUIIQIII J performance of this HgIeelllelll. I11 1,V1111C1.. LIVll 111G1 GI VI C, VVIIIIG performing the purpose of this Agreement, and while Consultant is acting within the course and scope of this Agreement, the parties intend for Consultant to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. Consultant shall be fully compensated and reimbursed, pursuant to Section 3 above, for time spent and costs incurred while representing City in any legal action during or after the term of this Agreement. 9. INSURANCE. To the extent City may have liability and indemnity insurance, or some other type of liability and indemnity coverage, including membership in a liability and indemnity coverage pooling arrangement, which liability and indemnity coverage extends to Consultant while he /she is acting within the course and scope of this Agreement, then Consultant shall be entitled to the benefits of such coverage, as primary coverage. Page 2 of 4 10. NOTICES. Any notices or special instructions required to be given in writing under this Agreement shall be given by personal delivery, facsimile communication, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 -4297 Attn: Vijhay Singhal, CEO Facsimile: (626) 337 -2965 TO CONSULTANT: David A. Bass 24742 Via Del Rio Lake Forest, CA 92630 (949) 770 -2235 Should City or Consultant have a change of address or telephone or facsimile number, the other Party shall be immediately notified in writing of such change. 11. MODIFICATION. This Agreement is the entire Agreement between the Parties with respect to the subject matter hereof, and no other agreement, statements, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith. 12. ENFORCEMENT. In the event any Party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to :its loll + l costs and reasonable attorneys` fees. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day first written above. "CITY ": CITY OF BALDWIN PARK "CONSULTANT" Manuel Lozano, Mayor Page 3 of 4 David A. Bass ATTEST CITY CLERK DEPUTY Stephanie R. Scher, City Attorney Page 4 of 4 BALDWI N 14403 E. Pacific Avenue • Baldwin Park • California • 91706 • Phone (626) 960 -4011 • Fax: (626) 813 -0921 P -A - R,K TO: Honorable Mayor and Members of the C,411 ou it FROM: Vijay Singhal, Chief Executive Officer DATE: August 30, 2006 RESOLUTION DECLARING - OCTOBER W.ISPANIC HERITAGE MONTH PURPOSE: At the request of Councilwoman Marlen Garcia, this report requests that the City Council declare September 15th - October 15th Hispanic Heritage Month. BACKGROUND: In 1968, the Congress authorized President Lyndon Johnson to proclaim National Hispanic Heritage Week, and this observance was expanded in 1988 to a month -long celebration to honor our Nation's Hispanic heritage. During this month, America celebrates the traditions, ancestry, and unique experiences of those who trace their roots to Spain, Mexico, the countries of Central and South America, and the Caribbean. RECOMMENDATION: Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2006 -056 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING SEPTEMBER 15TH - OCTOBER 15TH AS HIRPANIV- HPRITAGE MONTH." ATTACH ME,:T: Resolution No. 2006 -056 RESOLUTION No. 2006 — 056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING SEPTEMBER15th - OCTOBER 15TH AS HISPANIC HERITAGE MONTH WHERAS, from September 15, 2006, through October 15, 2006, the country celebrates Hispanic Heritage Month; WHERAS, the presence of Hispanics on this continent predates the founding of our Nation, and, as among the first to settle in the New World, Hispanics and their descendants have had a profound and lasting influence on American history, values, and culture; WHERAS, since the arrival of the earliest Spanish settlers more than 400 years ago, millions of Hispanic men and women have come to the United States from Mexico, Puerto Rico, Cuba, El Salvador and other Caribbean regions, Central America, South America, and Spain, in search of freedom, peace, and opportunity; WHERAS, Hispanic Americans have contributed throughout the ages to the prosperity and culture of our nation; WHERAS, the United States Census Bureau now lists Hispanic Americans as the largest ethnic minority within the United States; WHERAS, Hispanic Americans serve in all branches of the military and have fought valiantly in every war in United States history; WHERAS, the Medal of Honor is the highest United States military distinction, ..i_ a a4_ n:. .n \A/ r_ ti__ - : .. .. 11. 1 J l _ :.d:l.. 1 aV_ ' i_ r s:r_ awarued since he I�Ivil a Iut conspicuous gallantry and In tepidity al Me rlsK oI Illd above and beyond the call of duty„; WHERAS, 41 men of Hispanic origin have earned this distinction, including 21 such men who sacrificed their lives; WHERAS, many Hispanic Americans who served in the military have continued their service to our country; WHERAS, Hispanic Americans are dedicated public servants, holding posts at the highest levels of government, including two seats in the United States Senate; and WHERAS, Hispanic Americans harbor a deep commitment to family and community, an enduring work ethic, and perseverance to succeed: NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Baldwin Park recognizes September as Hispanic Heritage Month; celebrates the vast contributions of Hispanic Americans to the strength and culture of our Nation; and encourages the people of Baldwin Park to observe Hispanic Heritage Month with appropriate programs and activities. APPROVED AND ADOPTED this 30th day of August, 2006. MANUELLOZANO 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 resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at regular meeting of the City Council held on August 30, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. RAMIREZ CHIEF DEPUTY CITY CLERK go If 6,, W 11a: WIJAel W&A FARJ � Y/A YffgA ., MIMI I ITEM NO. -9 SUBJECT: Proposed Employment Agreement with Gene Logan, Building Official/Supervising Plan Check Engineer WAM "0 The purpose of this report is to request that City Council approve entering into an employment agreement for the position of Building Official/Supervising Plan Check Engineer with Gene Logan. Following an extensive recruitment, the Community Development Director recommended that Gene Logan be hired as the City's Building Official/Supervising Plan Check Engineer for the Building Division to the Chief Executive Officer. As per BPMC § 33.05, the Chief Executive Officer has accepted this recommendation and has appointed Gene Logan as the new Building Official/Supervising Plan Check Engineer beginning Monday, September 11, 2006. The draft agreement is being presented to the City Council for their approval, as the City Council establishes the compensation for all positions, including those appointed by the Chief Executive Officer ("CEO"). DISCUSSION As per BPMC § 33.05, all Chief Executive Officer appointees shall be "at-will" employees and shall serve at the pleasure of the CEO. The proposed employment agreement is in alignment with previously approved agreements and provides the following general terms: 1. Employee shall begin his employment on September 11, 2006. 2. Base compensations will commence at the rate of $7,231 per month. 3. Future salary adjustments to be based on an annual performance evaluation with a probationary period of one (1) year, 4. If the employee is terminated while not in breach of the agreement or for reasons other than malfeasance in office, employee shall receive a lump sum cash payment equal to three (3) months aggregate base salary. Employee shall receive the same benefits set forth in the Memorandum of Understanding for positions included in the Classified Management Employee Association. Building Official Employment Agreement August 30, 2006 Page 2 of 2 FISCAL IMPACT The proposed salary and benefits are equal to the amount that was budgeted in the 2006- 2007 City Budget. The Building Official position is allocated to the General Fund, CC 46. Staff recommends that City Council approve and authorize the Chief Executive Officer to enter into the proposed employment agreement with Gene Logan for services as the Building Official/Supervising Plan Check Engineer. ATTACHMENTS: 0 Attachment #1 — Proposed Employment Agreement RTI _ 11 '-- This agreement is made and entered into by and between the City of Baldwin Park, a general law city (hereinafter "City) and Gene Thomas Logan, an individual (hereinafter "Employee "). Section 1. Duties City agrees to employ Employee as the Building Official /Supervising Plan Check Engineer with the responsibility of Building and Code Enforcement, supervising and managing the Building and Code Enforcement Divisions of the Community Development Department under the direction of the Chief Executive Officer. 2. The Employee shall perform other related and necessary duties as required by law and designated by the Chief Executive Officer. 3. The Chief Executive Officer shall establish performance goals and objectives to be met by the Employee as Building Official /Supervising Plan Check Engineer for each year of this agreement. Said objectives shall be established as part of the evaluation process. The Chief Executive Officer agrees to conduct a performance evaluation after six (6) months from the date of this Agreement, and also upon each annual anniversary date of this Agreement. The evaluation shall be conducted in accordance with specific criteria jointly developed and finalized by the Chief Executive Officer and Employee. The Chief Executive Officer shall forward the results of an evaluation to the City Council together with a recommendation as to any change in Employee's salary. Employee understands and agrees that any change in compensation must be approved by the City Council. 4. Employee hereby agrees to perform faithfully and to the best of his abilities all the duties pertaining to the office of Building Official Supervising Plan Check Engineer as may be required syy the laws of the any of Baldwin rain and the SLatC ve California relating to municipal corporations, and the rules and regulations of the City of Baldwin Park, which are now in force or which may be put in force during the term herein stated, and further shall perform such other tasks and duties as may be designated by the Chief Executive Officer and that the parties hereto agree that said position as Building Official Supervising Plan Check Engineer and that the parties hereto agree that said position as Building Official Supervising Plan Check Engineer shall be deemed and construed to be a full -time position. Section 2. Terms of Employment The term of employment shall commence September 11, 2006, and shall continue until terminated as set forth in this Agreement. Z Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Chief Executive Officer to terminate the service of the Employee as an "at-will" Employee. 3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with City provided Employee gives to City thirty (30) day written notice prior to the effective date of Employee's resignation, unless the parties otherwise agree. Section 3. Compensation/Benefits City agrees to pay as salary to the Employee during the period he is serving as the Building Official/Supervising Plan Check Engineer a base salary of $7,231 per month, which is step 6 of the Building Official Supervising Plan Check Engineer base salary range. Said salary may be modified from time to time by an amendment to this Agreement, or amended salary resolution approved and adopted by the City Council. 2. Benefits: a. The City shall provide to Employee all fringe benefits as are now, or as may hereafter be given to positions classified in the Classified Management Employee Association. Section 4. Termination and Severance Pa In the event Employee is not in breach of this Agreement, and is terminated by the Chief Executive Officer for reasons other than malfeasance in office, City shall pay Employee a lump sum cash payment equal to three (3) months aggregate base salary. In the event Employee is terminated because of malfeasance in office, ;n^h ie4 ing, but not limited to, his conviction of any Illegal act involving moral 11 I%IIU%Ai "UL II%JL limited LU III L a %,L II I turpitude or personal gain to his, City shall have no obligation to provide such case payment and the Chief Executive 'Officer may terminate Employee immediately without any severance pay. Section 5. General Provisions The text herein shall constitute the entire Agreement between the parties. 2. This Agreement shall be effective as of September 11, 2006. 3. This Agreement shall only be modified in writing by the parties. M Vijay Singhal Chief Executive Officer ATTEST: Rosemary M. Gutierrez Deputy City Clerk Amato-y" Aw Date Gene Thomas Logan Building Official Supervising Plan Check Engineer P - A, R- K AUG 3 0 006 ITEM NO JAV STAFF REPDAT-- - SUBJECT: Proposed Employment Agreement with Chief of Police Ed Lopez -alyff-Irel The purpose of this report is to request that the City Council approve an employment agreement for the position of Chief of Police. Due to the vacancy created by the resignation of the City's Chief of Police, the City Council has directed that an employment agreement be finalized with Ed Lopez, for service to the City as the Chief of Police. DISCUSSION Attached is a proposed agreement with Ed Lopez, to serve the City as the Chief of Police. The proposed agreement is similar in format to employment agreements developed in the past for Executive positions., and provides the following general terms: 1. Employee shall begin his employment on August 31, 2006. 2. Base annual compensation shall be as outlined in the agreement. 3. Future salary adjustments to be based on an annual performance evaluation, with the first such evaluation taking place after six months of service. 4. The employee shall serve at the pleasure of the City Council. 5. If the employee is terminated while not in breach of the agreement or for reasons other than malfeasance in office, employee shall receive a lump sum cash payment as outlined in the agreement. In addition, the Chief of Police will receive the same benefits similar to those provided to other employees in the City's Executive Team. AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Baldwin Park, a general law city (hereinafter "City ") and Ed Lopez (hereinafter "Employee "). RECITALS Section 1. Duties City agrees to employ Employee as Chief of Police to perform all of the usual and customary duties of a California Chief of Police, as more particularly set forth in the Baldwin Park Municipal Code and the Police Department Manual, as well as such other legally permissible and proper duties and functions the Chief Executive Officer may from time to time assign. Employee shall work full - time for City and perform his best efforts. Nothing contained in this Agreement shall prevent Employee's occasional professional, teaching or related activities on Employee's time off, subject to the prior approval of the Chief Executive Officer, which approval will not unreasonably be withheld provided such activity does not affect Employee's performance of duties and functions as defined herein. Section 2. Compensation /Benefits Notwithstanding anything to the contrary in the presently effective Salary Resolution, Employee's initial base annual compensation shall be $ Employee's base annual compensation amount may hereafter be modified from time to time by amendment to this Agreement or by an amended salary resolution, IJ�tJ�U upon G Employee's peflUtllld�ICe ei%aluctllUlL I [1e evalUctllUrl shall be conducted in accordance with specific criteria jointly developed and finalized by City and Employee, and shall be used in determining whether there should be an increase in salary. An initial evaluation shall be conducted after six months of employment. The City shall provide to Employee all fringe benefits as are now, or as may hereafter be given to all department heads of City, as detailed in the attachment entitled "Executive Employee Benefit Matrix." City has determined that the Chief of Police will receive a City -owned vehicle or a monthly automobile allowance, as detailed in the attachment entitled "Executive Employee Benefit Matrix," to provide for the use of employee's personal vehicle in the conduct of his employment. Section 3. Term a. Employee shall serve at the pleasure of the City Council and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee for any reason, with or without cause, at any time, subject only to the provisions set forth in Section 4 of this Agreement. b. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City, by submitting written notice at least thirty (30) days prior to resignation. Section 4. Termination and Severance Pay In the event the City elects to terminate Employee's employment pursuant to this Agreement, and provided the Employee is not otherwise in breach of the terms of this Agreement, the City shall pay a lump sum cash payment equal to months aggregate base salary ( "Severance Pay "). The City shall be relieved of its obligation to pay Severance Pay if the Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement, or if the Employee is convicted of any illegal act involving moral turpitude or personal gain to him. Section 5. General Provisions a. The text herein shall constitute the entire Agreement between the parties. N -rl-.S A ....,....,..,.......t 1,..,.11 4... tt...,a:..,. t n ..,.,..,.a n nnn(+ IJ. 1111 F'1tgree1 ent s11d1I U C11Cl,t1VC GlJ of /1lll�.l.lJt X71, GVVO. CITY OF BALDWIN PARK Manuel Lozano Mayor Date: ATTEST: Rosemary Gutierrez Chief Deputy City Clerk EMPLOYEE Date: Ed Lopez Chief of Police The general policy for sick leave will be as set forth, for all full -time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years service but less than ten (10) years service with the City 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years service with the City: 6.4615 hours on a biweekly basis for time actually worked. Page 3 Revised: 06/28/05 e. Employees having over twenty (20) years service with the City: 7.3846 hours on a biweekly basis for time actually worked. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Bereavement Lea Each Executive employee shall receive the equivalent of three (3) working days per incident, as needed, for a death in his or her immediate family. Immediately family shall mean and include only the employee's spouse, children, step - children, parents, spouse's parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2004, each Executive employee shall receive a maximum of seventy -two (72) hours of administrative leave with pay each fiscal year. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1St, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; ditd uecernber 44 , vecernber GD , aria such ou)er U�ys as may ue uesiyndteu as holidays by motion of the City Council If any of the foregoing holidays falls on a Friday and /or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and /or Saturday. An employee will be credited with an Page 4 Revised: 06/28/05 equivalent number of hours of holiday time ( "Holiday Bank "). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed form the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he /she will have his /her vacation bank, administrative leave and /or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her straight time rate. Compensation for Accrued Leave Time Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and /or holiday bank time. Page 5 Revised: 06/28/05 r' ]A 'ri CITY OF BALDWIN PARK TO: Honorable Mayor and City Councilmembers FROM: Vijay Singhal, Chief Executive Officer DATE: August 30, 2006 ,I'; ITEM NO. STAFF REPORT SUBJECT: Adoption of Resolution 2006 -055 Nominating a City Councilmember to Run for Election as a Representative to the San Gabriel Basin Water Quality Authority ..i This report requests the City Council to adopt Resolution No. 2006 -055 nominating the Mayor or a City Councilmember to run for election to be a representative of cities without pumping rights on the San Gabriel Basin Water Quality Authority. gumzgdi� r • The Council will remember that in 2003, a resolution was passed to nominate Mayor Manuel Lozano, however, while that resolution was mailed, it did not reach the Water Quality Authority in a timely manner and therefore, that nomination did not qualify for that specific election. TheCifv of R -nIr%AAn Dorf- ic rriirrenfly o Mernhor of fhn Con (�_`ohriol Dap in \A/ofor Quality 1 � e VIty vI "G %.A"#11 1 U1 fA 10 VUI 11V1 ILI G � � ��+I I ItJGI %J� L IG VGI � VCA I I�il LJgJII I V V UL I V(UQII6y Authority (WQA) without pumping rights. Baldwin Park is eligible to nominate the Mayor or one of our City Councli!members to run for election as a representative to the 'd'vQA Board. The representative and alternate for cities without pumping rights will be elected by the member cities on December 19, 2006 at 9:30 a.m. at WQA Headquarters. The top vote getter will be the representative and the second highest vote getter will be alternate. The term of office is for 4 years, from January, 2007 to January, 2011. Water Quality Authority Board meetings are held at 5:00 p.m. on the first and third Tuesdays of the month at the WQA offices in West Covina and representatives are paid $136.28 per meeting they attend. In addition, committee meetings are held on a monthly basis. It is not necessary for the City Council to nominate somebody for election however, if there is interest to do so, the nomination must be made only by resolution during the nomination period of September 20, 2006 through October 20, 2006 at 5:00 p.m. Resolution No. 2006 -055 is attached for that purpose. WQA Nomination August 30, 2006 Paqe 2 FISCAL IMPACT The adoption of Resolution No. 2006 -055 will not have a fiscal impact on the City of Baldwin Park. Staff recommends City Council determine whether there is interest on the part of the Mayor or any City Councilmember to be nominated for election as the representative to the San Gabriel Basin Water Quality Authority. If there is interest, it is recommended that the City Council vote to determine who the nominee shall be and then waive further reading, read by title only and adopt Resolution No. 2006 -055 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, NOMINATING COUNCILMEMBER TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY ". ATTACHMENTS • Resolution No. 2006 -055 • San Gabriel Basin WQA Letter dated August 17, 2006 Report prepared by Rosemary M. Gutierrez, Chief Deputy City Clerk RESOLUTION NO. 2006 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA NOMINATING [TITLE] TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive water pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive water pumping rights; and WHEREAS, the City of Baldwin Park is one of the cities in the San Gabriel Basin without prescriptive water pumping rights; WHEREAS, the City of Baldwin Park may nominate a representative by resolution from September 20, 2006 through October 20, 2006 at 5:00 p.m.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park nominates [Title] as the representative for cities in the San Gabriel Basin without prescriptive Water pumping r iyi iw. PASSED, ADOPTED, AND APPROVED on this 0u #�' day of August, 2006 MANUEL LOZANO, MAYOR Resolution No. 2006-055 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 30TH day of August 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK San Gabriel Basin Water Quality Authority 1720 W. Cameron Avenue, suite 100, West Covina, CA 91790 • (626) 338 -5555 • Fax (626) 338 -5775 www.wga.com August 17, 2006 RECEIVED 'Dav Glk (_ City Manager AVG 2 2 2006 RECEIVED CITY OF BALDWIN PARK CITY OF BALDWIN PARK AUG 12006 14403 E. Pacific Ave. CITY CLERK'S DEPARTMENT Baldwin Park, CA 90706��` RE: NOMINATIONS FOR WQA BOARD MEMBER AND ALTERNATE REPRESENTING CITIES WITHOUT PUMPING RIGHTS Dear City Manager: The San Gabriel Basin Water Quality Authority (WQA) was established by the State Legislature (SB 1679) on February 11, 1993 to develop, finance and implement groundwater treatment programs in the San Gabriel Valley. The WQA is under the direction and leadership of a 7- member board, one member each from an overlying municipal water district, one from a city with water pumping rights and one from a city without water pumping rights and two members representing water purveyors. Under the WQA's enabling legislation, the term of the board member and alternate representing cities without pumping rights expires on January 1, 2007. An election to fill this seat is scheduled for December 19, 2006 at 9:30 A.M. at WQA Headquarters. Nominations of candidates for the office of Member of the Board of Directors of the San Gabriel Basin Water Quality Authority representing cities without pumping rights may be made by any of the cities without pumping rights listed below, by resolution of the City Council of such city. Resolutions nominating a candidate must be received by the WQA at least 60 days prior to fhe election, by October 20, 2006. A candidate must be a city council member from a city without pumping rights; however, a city is not limited to nominating its own council members and may vote in the election whether or not it nominated a candidate. Listed below are cities from which city council members are eligible: CITIES WITHOUT PUMPING RIGHTS Baldwin Park Bradbury Duarte La Puente La Verne Rosemead San. Dimas San Gabriel San Marino Sierra Madre South El Monte Temple City West Covina BOB G. KUHN, Chairman • GREG NORDBAK, Vice - Chairman • JIM BYERRUM, Treasurer MARGARET CLARK, Board Member o CAROL MONTANO, Board Member • FRANK FORBES, Board Member o MICHAEL WHITEHEAD, Board Member Please find enclosed a "Call for Nominations" form and sample resolution. Please read through the enclosures and forward copies to your council members. We will accept nominations made only by resolution from September 20, 2006 through October 20, 2006 at 5:00 p.m. Nominations arriving before or after the nomination period will not be accepted. To ensure that we receive your nominations, please send the resolution by certified mail, FedEx, UPS, etc. with "signature required" or hand deliver to our office Monday through Friday 8:00 a.m. to 12:00 Noon and 1:00 p.m. to 5:00 p.m. After nominations are collected, a ballot listing the candidates will be sent to cities eligible to vote no later than November 3, 2006. If I can be of any assistance, please contact me at (626) 338 -5555 or at Stol aniekwga.com . S Moreno L San Gabriel Basin Water Quality Authority Administrative /IS Assistant Stephanie(a)wga.com Enclosures CALL FOR NOMINATIONS FOR ELECTION OF CITY MEMBERS AND ALTERNATES FROM CITIES WITHOUT PUMPING RIGHTS TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY PURSUANT TO SB 1679 CITY: BALDWIN PARK TO THE CITY COUNCIL: The election of the city member and alternate of the Board of the San Gabriel Basin Water Quality Authority ( "the Authority ") from cities without pumping rights will take place at the adjourned meeting of the Board of the Authority set for December 19, 2006, at 9:30 a.m., at West Covina, California. Nominations for candidates for a city member elected by cities without pumping rights may be made by any city without pumping rights. Each city may nominate only one candidate. The member and alternate shall be City Council members or Mayors from cities without pumping rights. An alternate member acts in the place, and performs all the duties, of the city member selected by the same cities if that city member is absent from a meeting of the Authority or has vacated his or her office until the vacancy is filled pursuant to the provisions of SB 1679. No person who directly nr indi e -etly� at the time of election, receives, or during the two -year period immediately preceding election received, 10 percent or more of his or hver income from an y p erson or public entity subject to regulation by, tat re ce ived grants from or contracts for work with, the Authority may serve as a member of the Authority. Your city may nominate one candidate by resolution of the City Council. Your nomination must be submitted to the Authority at least 60 but not more than 90 days preceding the meeting at which the election is to be held. rA ♦ � � , , ♦ , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , CALIFORNIA NOMINATING COUNCILMEMBER TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive water pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive water pumping rights; and WHEREAS, the City of is one of the cities in the San Gabriel Basin without prescriptive water pumping rights; WHEREAS, the City of may nominate a representative by resolution from September 20, 2006 through October 20, 2006. 1 '' 01 re-R-twk t 1� I N N 01 1011,18 011 1 1 171 1 SECTION 1. The City Council of the City of Councilmember nominates as the representative for cities in the San Gabriel Basin without prescriptive water pumping rights. PASSED, APPROVED AND ADOPTED this day of , 200 P � A - R • K TO: Honorable Mayor and Members of the City Council FROM: Jim Davis, Interim Director of Public Works DATE: August 30, 2006 DISCUSSION OF PEDESTRIAN SAFETY AND TRAFFIC PROGRAM 017 The purpose of the report is to provide the City Council with information on the current status of the Pedestrian Safety and Traffic Calming Program, specifically Speed Bumps. BACKGROUND /DISCUSSION The City Council on March 15, 2006 approved a report regarding the installation of speed bumps in certain locations to slow down the traffic and enhance pedestrian safety. At that time the Council approved a policy for the installation of speed bumps and directed staff to install two -dozen speed bumps at various critical locations. The locations were to be determined at a later date. Attached i� copy of o March 1 tith f �.,nn. +L with . list .�rr� .ttac ed copy o the o 1j Staff t e--Vo c toue., a Prot, o a lost of proposed speed bump locations. The locations meet the guidelines for constructing speed bumps on the City streets. It is recommended that we proceed with requesting bids for the installation of the speed bumps as soon as funds can be identified for the work. �NI►ViIU_Ti The estimated cost to install the proposed speed bumps and the necessary signing and striping is $45,000. We have confirmed with the State Controller's Office that Gas Tax Funds can be used to install speed bumps even though they are not a State approved traffic device. Currently most of our Gas Tax Funds are obligated. However, we are anticipating receiving Proposition 42 Funds in the near future. Upon receipt of the funds we could proceed with the speed hump project. Staff recommends that the City Council: 1. Approve the proposed list of speed bumps locations; and 2. Authorize staff to request bids for the installation as soon as funds are available. ATTACHMENTS /EXHIBITS 1. The March 15, 2006 Staff Report and attachments 2. A list of proposed speed bump locations 11R, BALDWIN _R _�_K Um all 1 11 MAR 15 2006 MW NO. NO STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Shafique Naiyer, Director of Public Work s DATE: March 15, 2006 M= - 1711 -.111 iv, U&M . -s The purpose of this report is to establish a policy for installing speed bumps at various critical locations. "I For sometime residents and the City Council have expressed a desire to install speed bumps in certain locations to slow down the traffic and enhance pedestrian safety. Normally, Speed Bumps are used especially around schools as a last resort in dealing with slowing traffic down and should only be considered once other methods have been tried and have failed to make a difference. Speed bumps are used as a tool in managing speed on residential streets. A speed bump is created by a gentle rise to the pavement on a local residential street. Speed bumps are still experimental in the sense that no state or national guidelines have been issued for their use. or design. Thus considerable variation exists in speed bumps installation among various cities. After considerable research, staff is proposing a des!-n, which will slow down the traffic- and is not likely to affect the movement of emergency vehicles. A copy of the policy as prepared by staff is attached for City Council's consideration and approval. After establishing this policy staff is seeking approval from the City Council for the construction of two-dozen speed bumps at various critical locations around schools. uj Ck. C. cr- a: m z tav to I.- uj CC 0 Q I-- C) rs KC try 2 tRS la ut iL LU A LU LU cc 0 ca Ld oz CC tsd lu 0 92 cc LU tar 0 0 z tav to I.- uj CC 0 Q I-- C) rs KC try 2 tRS la ut iL LU A LU LU cc 0 ca t p IN dV CL tu uj cc T— -T U$o Cl= WO it w -0 ! v zi na ui Lti cc m cc: 0 es m cc: 0 Proposed 18-SPEED BUMPS LOCATIONS Address Name of Street Street Segment 1 West of the Curve Garvey Ave. Big Dalton Ave. to Vineland Ave. 2 13531 Foster Ave. Baldwin Park Blvd. to Frazier Ave. 3 13437 Foster Ave. Baldwin Park Blvd. to Frazier Ave. 4 3744 Kenmore Ave. Ramona Blvd. to Illinois St. 5 13234 Waco St. Frazier St. to Robinette Ave. 6 13345 Tracy St. Frazier St. to Robinette Ave. 7 13959 Foster Ave. Vineland Ave. to Dead End 8 14212 MacDevitt St. Feather Ave. to Ahern Dr. 9 3562 Ahern Dr. MacDevitt St. to Cedarwood St. .10 14818 Central Ave. Big Dalton Ave. to Millbury Ave. 11 13724 Palm Ave. Walnut Ave. to Merced Ave. I el 4652 Landis Ave. Ofive St. to Caveii St. 131 14730 School St. i Landis Ave. to Wimmer Ave. 14 4938 Wimmer Ave. School St. to Nubia Ave. 15 14627 Cavette Pl. Bogart Ave. to Phelan Ave. 16 4614 Phelan Ave. Cavette Pl. to Estella St. 17 4635 Bogart Ave. Hallwood Dr. to Cavette Pl. _1 8 13022 Waco St. Cosbey Ave. to Athol St. ITe7 -=1 �T�71 1 11. t� NA 11J: J 1JJ: 'BALDWIN Manuel Lozano D i avid . Oii'va5 Anthony J. Bejarano Marien Garcia Ricardo Pacheco Chair vice Chair Member Member Member PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay_un interprete para su conveniencia. Community Development Commission Agenda — August 30, 2006 sm COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 P.M. PLVE9101alfflT PLEDGE OF ALLEGIANCE ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Vice-Chair David J. Olivas and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may-, 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comIS16N No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista a1g0na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] fl^KIL- I-A [=K1r%Ar1 %.0 W ,, SENT %.011%LLJ1WU'Kr% 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 City Council approve the minutes of the August 16, 2006 meeting (Regular.) Community Development Commission Agenda — August 30, 2006 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 24th day of August 2006. 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 rautierrez(a)-baldwinpark.com or Inietop_baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) Community Development Commission Agenda — August 30, 2006 Page 3 • y. , A �. o [Koo] XA I kTA I 150-Sol, Lei MINUTES Lim i! l W' A. A. •. ��� • 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor David J. Olivas, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Councilmembers Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. -0 ,34MitiZ9] 1 ROLL CALL Present: Councilmember Bejarano, Councilmember Garcia, Councilmember Pacheco, Mayor Pro Tern Olivas, Mayor Lozano. Absent: Hennie Apodaca, Interim Finance Director. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo, Recreation and Community Services Director, Jim Davis, Interim Public Works Director, Mark Kling, Chief of Police, Matthew Lamb, Community Development Director, Maria A. Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary M. Gutierrez, Chief Deputy City Clerk, Laura Nieto, Deputy City Clerk. i<C6 Motion: A motion was made to approve Consent Calendar Item Nos. 1 & 2 as presented and as follows: Moved by Mayor Lozano, seconded by Councilmember Garcia. Commission received and filed the report. 2. MINUTES Commission approved the minutes of the July 19, 2006 meetings (Regular) and of the August 2, 2006 meeting (Regular & Special). Page 1 of 2 There being no other matters for discussion, the meeting was adjourned at 8:04 p.m. Approved as presented by the Commission at their meeting held August 30, 2006. Laura M. Nieto Deputy City Clerk Page 2 of 2