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J!? CITY OF BALDWIN PARK STUDY SESSION AGENDA CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JUNE 6, 2001 6:00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC COMMUNICATIONS Five (5) minute speaking time limit "No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (GC §54954.2) Si desea hablar acerca de cualquier tema, esta sera su oportunidad. Por favor pasa adelante. Un interprete estara presente. 1. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.$) Property: Negotiating Parties: Agency Negotiators: Under Negotiation: Property: Negotiating Parties: Agency Negotiators: Under Negotiation: 13020, 13050 Ramona Boulevard, and 13122 Corak Street Agency Negotiating with Safran Development Company Dayle Keller, Arnold Alvarez - Glasman and ,Joanne Africa Terms and conditions of Disposition and Development Agreement 14349 Sterling Avenue /Maine Agency Negotiating with Attina Development Co. Dayle Keller and Arnold Alvarez - Glasman Terms of Sale Agenda — June 6, 2001 Page 2 Property: 21.5 Acre Site bounded by Big Dalton Avenue on the West, Merced Avenue on the North, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway on the South Negotiating Parties: Agency Negotiating with Lewis Investment Company, LLC Agency Negotiators: Dayle Keller and Arnold Alvarez- Glasman Under Negotiation: Terms and Conditions of Disposition and Development Agreement B. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Public Works Director 2. PRESENTATIONS A. Presentation by Southern California Edison on Energy Options Available to Cities 3. ADJOURN CITY OF BALDWIN PARK REGULAR MEETING AGENDA CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JUNE 6, 2001 7:00 P.M. COUNCIL CLAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL: COUNCILMEMBERS: Marlen Garcia, Ricardo Pacheco, William "Bill" Van Cleave, Mayor Pro Tem Linda Gair and Mayor Manuel Lozano E. ANNOUNCEMENTS F. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Awards of Merit presented to the participants of the 2000 -01 Miller Brewing Company "Tools for Success" Program • Award of Merit presented to Lance E. Quintana, Miller Brewing Company "Teacher of the Year" Scholarship Award recipient • Awards of Merit presented to Community Garden Mural Participants • Awards of Merits presented to Girl's Soccer Team Participants • Award of Merit presented to Recreation & Community Services Commissioner Andrea Carrillo in recognition of receiving the "Nestle Very Best in Youth 2001" Award Agenda — June 6, 2001 CITY COUNCIL Page 2 PUBLIC COMMUNICATIONS Five (5) minute speaking time limit "No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (GC §4954.2) Si desea hablar acerca de cualquier terra, esta sera su oportunidad. Por favor pass adelante. Un interprete estara presente. 1. 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 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. A. MINUTES Approve minutes of March 21, 2001 (Study & Regular) B. CLAIMS AND DEMANDS Recommendation: Waive further reading, read by title only and adopt Resolution No. 2001 -055 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ". Councilman William "Bill" Van Cleave abstained on all warrants to Mr. Bills Hardware (financial conflict of interest) C. RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2001 -02 AND SETTING A PUBLIC HEARING FOR JULY 3, 2001 Recommendation: 1) Adopt Resolution No. 2001 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and ' 2) Adopt Resolution No. 2001 -051 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." D. RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2001 -02 AND SETTING A PUBLIC HEARING FOR JULY 3, 2001 Agenda — June 6, 2001 E. F Page 3 Recommendation: 1) Adopt Resolution No. 2001 -052 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR STREET PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and 2) Adopt Resolution No. 2001 -053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." APPROVE APPROPRIATION OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT FUNDS Recommendations: 1) Approve and appropriate grant funds in the amount of $57,437 for the remainder of FY 2000 -01; 2) Approve and appropriate remaining grant funds in the amount of $77,014 for FY 2001 -02 and appropriate $35,375 for Fiscal Year 2002 -03; and 3) Authorize staff to proceed with the purchase of requested equipment. OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE PROVIDERS (carry over item from March 7, 2001) Recommendations: 1) Adopt Resolution No. 2001.006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING OFFICIAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZING THE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100;" and 2) Adopt Resolution No. 2001 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE FRANCHISE FEE FOR OFFICIAL POLICE TOW SERVICES, PURSUANT TO BALDWIN PARK MUNICIPAL CODE SECTION 100.085." G. CLAIM REJECTIONS Recommendation: Reject the claims of Jaime Martinez (00 020A) and Eustolia Ureta (00 013A) and direct staff to send the appropriate rejection letters to claimants. Agenda - -June 6, 2001 Page 4 H. STATE MANDATED COST CLAIMING SERVICES Recommendation: 1) Approve an Agreement with David Wellhouse in the amount of $3000 for the purpose of preparing the City's State Mandated Cost Claims; and 2) authorize the Mayor to execute the Agreement. AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNICATIONS, INCORPORATED Recommendation: 1) Approve a one -year Agreement in the amount of $2,000 per month with Enviro Communications, Inc., for the purpose of representing the City's interest at the Federal, State and Regional levels for grant funding; and 2) Authorize the Mayor to execute the Agreement subsequent to review and approval by the City Attorney as to form and content. J. SECOND READING OF ORDINANCE 1178 ADOPTING AN AMENDMENT TO SECTIONS 153.387 AND 153.397 OF THE ZONING CODE RELATIVE TO THE POSTING OF ILLEGAL SIGNS WITHIN THE PUBLIC RIGHT OF WAY, DECLARING SAID POSTINGS A PUBLIC NUISANCE AND PROVIDING FOR COST RECOVERY THEREOF, CASE NO. AZC -144 Recommendation: Waive further reading, read by title only and adopt on second reading Ordinance No. 1178, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING MODIFICATIONS TO THE CITY MUNICIPAL CODE SECTIONS 153.387 RELATING TO PROHIBITING SIGNAGE, DECLARING ILLEGAL SIGNS A PUBLIC NUISANCE AND ESTABLISHING PENALTIES FOR THE POSTING OF ILLEGAL SIGNS. " K. APPROVAL OF THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH LOS ANGELES COUNTY Recommendation: Approve a five -year renewal of the General Services Agreement with the County of Los Angeles. A 2. SET MATTERS —PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the fallowing in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered 'to the City Clerk an(lor City Council at or prior to the public hearing. A. PUBLIC HEARING RELATING TO THE BALDWIN AVENUE IMPROVEMENT ASSESSMENT DISTRICT 2000 -01 AND AWARD CONTRACT FOR THE CONSTRUCTION OF CIP 870 (continued from May 16,2D01) Recommendation: 1) Conduct Public Hearing, waive further reading, read by title only and adopt Resolution No. 2001 -042 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDERING CHANGES AND MODIFICATIONS TO THE BALDWIN AVENUE ASSESSMENT DISTRICT NO. 2000 -01;" 2) Waive further reading, read by title Agenda — June 6, 2001 Page 5 only and adopt Resolution No. 2060 -043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO;" 3) Award a contract to Gentry Brothers, Inc., in the amount of $147,063.25 for the construction of said project; 4) Authorize the Mayor to execute the Agreement; and 5) Authorize the City Engineer to execute any necessary change orders in an amount not to exceed fifteen (15 %) of the original contract amount. 3. REPORTS OF OFFICERS A. HOUSING COMMISSION APPOINTMENT TO FILL UNSCHEDULED VACANCY OF OFFICE NO. 6 WITH A TERM EXPIRATION OF JUNE 30, 2003 (Continued from May 16, 2001) Recommendation: Accept nominations for Housing Commission Office No. 6 with a term expiration date of June 30, 2003, and waive further reading, read by title only and adopt Resolution No. 2001 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2001-026, APPOINTING TO THE UNSCHEDULED VACANCY CREATED ON THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK." B. RESIDENTIAL WARRANTS FOR STOP AND YIELD SIGNS (continued from May 16, 2001) Recommendation: Adopt a policy to utilize the City of Los Angeles warrants for residential areas for stop and yield controls. C. APPROVAL OF A MULTI PURPOSE LIGHTING SYSTEM AT BARNES PARK Recommendation: Approve and authorize staff to expend $65,000 from the Special Youth Fund Account for the purpose of installing a Multi Purpose Lighting System at Barnes Park. 4. COUNCIL STAFF REQUESTS AND COMMUNICATIONS A. REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR COUNCIL DISCUSSION OF SETTING DATES AND TIMES FOR BUDGET REVIEW WORKSHOPS B. REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR COUNCIL DISCUSSION AND CLARIFICATION OF APPOINTEES TO THE 2 + 2 COMMITTEE WITH THE BALDWIN PARK UNIFIED SCHOOL DISTRICT S. CLOSED SESSION 6. ADJOURN Agenda -- June 6, 2001 Page 6 COMMUNITY REDEVELOPMENT AGENCY PUBLIC COMMUNICATIONS Five (5) minute speaking time limit "No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (GC §54954.2) Si desea hablar acerca de cualquier tema, esta sera su oportunidad. Por favor pasa adelante. Un interprete estara presente. 1. 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 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. A. MINUTES Recommendation: Approve minutes of May 16, 2001. B. WARRANTS AND DEMANDS Recommendation: Approve Warrant Register No. 531 2. PUBLIC HEARINGS — NONE 3. REPORTS OF OFFICERS — NONE 4. AGENCY / STAFF REQUESTS AND COMMUNICATIONS _ NONE 5. CLOSED SESSION 6. ADJOURN CERTIFICATE OF POSTING f, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted less than 72 hours prior to said meeting. Dated this 31 °` day of May 2001. /�/ / Roseman ez, CMC Deputy City Clerk Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, e 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 via e- mail at rramirez0baldwinpark.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) COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY COUNCIL AGENDA JUN - 6 2001 ITEM NO. JAMARCH 21, 2001 WEDNESDAY 6:00 P.M. The CITY COUNCIL and COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in STUDY SESSION at the above time and place. ROLL CALL Present: Council Members: Marlen Garcia, William "Bill" Van Cleave, Ricardo Pacheco, Mayor Pro Tern Gair, and Mayor Manuel Lozano. Also Present: Dayle Keller, Chief Executive Officer; Arnold Alva rez - Glasman, City Attorney; Rick Forintos, Community Development Director; Jose Mesa, Personnel /Risk Manager; and Rosemary M. Ramirez, Deputy City Clerk. SUBSEQUENT NEED ITEM ADDED TO AGENDA Attorney Alvarez - Glasman advised the Agency /City Council that an item regarding Employee Release /Discipline /Dismissal had developed after the posting of the notice of the agenda and recommended that the subject matter be added to the closed session portion of this agenda. A motion was made to add the subsequent item as recommended by Attorney Alvarez - Glasman as follows: 1) Employee releaseldiscipline /dismissal GC §54957 MOTION: Council /Member Garcia SECOND: Mayor Pro Tem /Vice Chair Gair Motion carried CLOSED SESSION The Council /Agency recessed to Closed Session at 6 :08 p.m. and reconvened at 7:00 p.m., with all members present. City Attorney Alvarez- Glasman reported the action as follows: CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Jose Mesa, Personnel /Risk Manager, and Attorney Richard Kreisler Employee Baldwin Park Police Officer's Association Organization: ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. CONFERENCE WITH REAL PROPERTY NEGOTIATOR — GC §54956.8 Property: 21.5 Acre Site bounded by Big Dalton Avenue on the West, Merced Avenue on the North, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway on the South Study Session Minutes — March 21, 2001 Page 2 Negotiating Parties: Agency negotiating with Lewis Investment Company, LLC Agency Negotiators: Dayle Keller and Arnold Alvarez- Glasman Under Negotiation: Terms and Conditions of Disposition and Development Agreement ACTION: Agency authorized staff to conclude the transaction according to the terms discussed in closed session. Agency staff to proceed accordingly. Property: 15000 Badillo Avenue Negotiating Parties: Agency /City negotiating with Masonic Temple Organization Agency Negotiators: Dayle Keller and Arnold Alvarez- Glasman Under Negotiation: Purchase Property — Terms of Sale - Price ACTION: Agency provided direction to staff. No final action was taken. Nothing further to report. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE — GC §54957 ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. ADJOURN There being no other matters before the Council /Agency, the meeting was adjourned at 7:00 p.m. Approved as presented by the Council /Agency at their meeting held June 6, 2001. Rosemary M. Ramirez, CIVIC Deputy City Clerk Jose Sanchez Agency Secretary COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 MARCH 21, 2001 WEDNESDAY 7':00 P.M. The CITY COUNCIL of the City of Baldwin Park met in a REGULAR MEETING at the above time and place. ROLL CALL Present: Council Members, Marlen Garcia, Ricardo Pacheco, William "Bill" Van Cleave, Mayor Pro Tern Linda Gair, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez- Glasman, City Attorney; Mark Kling, Captain; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo, Recreation /Community Services Director; Kathryn Tizcareno, City Clerk; Rosemary M. Ramirez, Deputy City Clerk and Maria A. Contreras, City Treasurer ANNOUNCEMENTS Councilmember Garcia announced the grand re- opening of Shyre Park to be held on Saturday, March 23, 2001, at 11:30 a.m. Everyone is invited to attend. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Lozano was joined by the City Council in presenting the following: A plaque was presented to Director Carrillo in recognition of receiving an award at the recent California Parks & Recreation Society Conference. PUBLIC COMMUNICATIONS COMPLAINT REGARDING WASTE MANAGEMENT SERVICES Mr. Don Trunco, resident expressed concern with the amount of curbside debris citywide, that is not being picked up by Waste Management Services. He also expressed concern that older adults within the community may have difficulty in paying the new increased rates. CONGRATULATIONS TO NEWLY ELECTED OFFICIALS Christina Aguilera, resident and City Employee, spoke on behalf of the members of the SEIU Organization. She congratulated Councilmembers Garcia and Van Cleave, and City Clerk Tizcareno on their re- election and welcomed and congratulated newly elected City Treasufer Maria A. Contreras on her election. City Council Minutes — March 21, 2001 Page 2 COMPLAINT REGARDING CODE ENFORCEMENT Mr. Avila, 12769 Torch St., expressed concern with the recent handling and conduct of a zoning matter, stating that personal property had been unlawfully removed from his premises. Mayor Lozano referred this matter to staff and requested that a report be provided to the City Council regarding the subject matter. CONSENT CALENDAR PRESENTED Councilwoman Gair requested that the following items be removed from the Consent Calendar for discussion. 1) Item 1 -A - Minutes 2) Item 1 -D — Citywide Park Maintenance Assessment District for FY 2001 -02 3) Item 1 -E — Citywide Lighting and Landscape Maintenance Assessment District FY 2001 -02 4) Item 1 -G — Request use of California Law Enforcement Equipment Program (CLEEP) Funds CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Items 1 -B, C, and F as presented and as follows: MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion Carried TREASURER'S REPORT Treasurer's Report for the month of February, 2001, was received and filed. RESOLUTION APPROVING ENGINEER'S REPORT AND SETTING TIME FOR PUBLIC HEARING FOR BALDWIN PARK ASSESSMENT DISTRICT 2000 -1, CIP 870 Further reading was waived, read by title only and Resolution No. 2001 -027 entitled, "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF BALDWIN PARK, CALIFORNIA, PRELIMINARILY APPROVING ENGINEER'S REPORT AND ORDERING A PUBLIC HEARING TO BE HELD MAY 16, 2001, FOR THE PROPOSED BALDWIN AVENUE ASSESSMENT DISTRICT 2000 -1 AND DIRECTING ACTIONS WITH RESPECT THERETO ", was adopted. AWARD OF CONTRACT TO BERRYMAN & HENIGAR, INC. FOR ENGINEERING SERVICES RELATING TO THE ANNUAL LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT AND THE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEARS 2001 -02 AND 2002 -03 A Contract was awarded to Berryman & Henigar, Inc., in the amount of $18,000 ($9,040 plyear) with the option of extending the contract for an additional year at the cost of $9,000, for annual services relating to the Lighting and Landscaping and Park Maintenance Assessment Districts for FY 2001 -02 and 2002 -03. City Council Minutes — March 21, 2001 Page 3 CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION ITEM 1 -A - MINUTES — DECEMBER 20,2000; JANUARY 3, 2001; JANUARY 17,2001; FEBRUARY 7, 2001; AND FEBRUARY 21, 2001 Mayor Pro Tem Gair noted that the minutes of February 7 and February 21, 2001, were not included with this packet for approval. A motion was made to withdraw from consideration of approval the minutes of February 7, 2001 and February 21, 2001; approve the minutes of December 20, 1999, as corrected; and approve the minutes of January 3 and January 17, 2001, as presented. MOTION: Mayor Pro Tem Gair SECOND: Councilmember Pacheco Motion carried ITEM 1 -D - CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT RESOLUTION FOR FY 2001 -02 Upon question from Mayor Pro Tem Gair, Chief Executive Officer Keller advised that in the current budget, the General Fund is subsidizing the same amount as the previous year which is $550,000. Chief Executive Officer Keller noted that staff will be looking newly at next year however, anticipates that the amount will be approximately the same amount as the current year. A motion was made to waive further reading, read by title only and adopt Resolution No. 200'1- 029 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE 2001-02 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK, PARK MAINTENANCE DISTRICT, AND ORDERING THE PREPARATION OF A REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA ". MOTION: Mayor Pro Tem Gair SECOND: Councilmember Pacheco Motion carried ITEM 1 -E - CITYWIDE LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT RESOLUTION FOR FY 2001 -02 Upon question from Mayor Pro Tem Gair, Chief Executive Officer Keller advised there is no shortfall on this item. It is anticipated that amount of this assessment will be covered for approximately two years. In reply to Councilmember Van Cleave's inquiry, Chief Executive Officer Keller advised that the energy crisis and the proposed increase in rates will need to be taken into consideration. This matter will be addressed during this budget process. A motion was made to waive further reading, read by title only and adopt Resolution No. 2001- 028 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE 2001 -02 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK, LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT, AND ORDERING THE PREPARATION OF A REPORT City Council Minutes — March 21, 2001 Page 4 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA ". MOTION: Mayor Pro Tern Gair SECOND: Councilmember Pacheco Motion carried ITEM 1 -G - REQUEST USE OF CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) FUNDS Mayor Pro Tem Gair stated that this matter relates to a subject of rifles with no racks. This is a two -year old item and something that has been talked about regarding the rifles with no racks. At the request of Mayor Pro Tern Gair, Captain Kling presented a report as follows: On September 12, 2000, the police department received grant funds from the California Law Enforcement Equipment Program in an amount of $126,000. The police department had previously purchased patrol rifles and additional mobile data computers for use by patrol, detective, and parking enforcement personnel. However, due to the lack of useable data transferring devices, mounting and docking stations, the equipment has not been fully implemented or utilized by police personnel. In an effort to bring closure to some of the programs and equipment purchases that had been made in prior years, staff is recommending City Council approval to use California Law Enforcement Equipment (CLEEP) funds for purchase and installation of upgraded mobile data computer modems, docking stations and electronic patrol rifle racks. A motion was made to approve the appropriation in the amount of $36,412 of CLEEP funds and authorize staff to proceed and purchase the necessary equipment to operate the department's patrol fleet. MOTION: Mayor Pro Tern Gair SECOND: Councilmember Pacheco Motion carried PUBLIC HEARING PUBLIC HEARING TO CONSIDER AN APPEAL TO THE CITY COUNCIL OF THE CONDITIONS OF APPROVAL IMPOSED BY THE PLANNING COMMISSION RELATING TO A MODIFICATION TO CONDITIONAL USE PERMIT CASE NO. CP -425; APPELLENT: SAM SHARMOJ, REPRESENTING PLAZA MARKET; LOCATION: 13902 FRANCISQUITO AVENUE, UNIT NOS. A, B & C At the request of appellant Sharmoj, a motion was made to open and continue said public hearing to April 18, 2001, MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion carried PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF AN AMENDMENT TO THE CITY'S GENERAL PLAN LAND USE ELEMENT, TO REDESIGNATE PROPERTY C -1 TO R -1, CASE NO. AGP 101; AND A REQUEST FOR A ZONE CHANGE FROM C -1 TO R -1; CASE NO. Z -523; APPLICANT: GEORGE SERAYDARIAN; LOCATION: 5110 MAINE AVENUE Principal Planner Harbin presented the report as follows: City Council Minutes — March 21, 2001 Page 5 The requested General Plan Amendment and Zone Change are prerequisites to the preparation of the subject property for the proposed construction of two (2) single - family residences. The current C -1 zoning of the properties does not allow for residential uses. This particular corner of Maine and California has been vacant for at least ten (10) years. The subject property possesses disadvantages in terms of its ability to support commercial uses, in that its proximity to the adjacent residential zone and small lot sizes make it difficult for any development other than residential to adequately work. The new rezoning of the property to R -1 will allow for the development of two single - family homes which will create front yard landscaping and the completion of curb, gutter and sidewalk for the northern side of California Avenue. These improvements will in turn increase its property values along with all of the other adjacent properties and provide continuity of a predominately residential street. It should be noted that at their meeting of January 24, 2001, the Planning Commission voted 4 -1 to recommend approval of the requested general plan amendment and zone change. Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak therefore, the public hearing was CLOSED. A motion was made to waive further reading, read by title only and adopt Resolution No. 2001 - 031 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM NEIGHBORHOOD COMMERCIAL TO SINGLE - FAMILY RESIDENTIAL, APPLICANT: GEORGE SERAYDARIAN; LOCATION 5110 MAINE AVENUE; CASE NO. AGP -101." MOTION: Councilmember Pacheco SECOND:, Councilmember Garcia Motion carried A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1175 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONE CHANGE FROM C -1 TO R -1 ON THE PROPERTY LOCATED AT 5110 MAINE AVENUE, APPLICANT: GEORGE SERAYDARIAN; CASE NO. Z- 523." MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion carried REPORTS OF OFFICERS RESOLUTION APPOINTING DELEGATES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY Upon review of the various organizations and committees, a motion was made to make appointments respectively, waive further reading, read by title only and adopt Resolution No. 2001 -032 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING DELEGATES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY." MOTION: Mayor Pro Tern Gair SECOND: Councilmember Pacheco Motion carried City Council Minutes — March 21, 2001 Page 6 COMMENTS REGARDING INDEPENDENT CITIES RISK MANAGEMENT ASSOCIATION Mayor Pro Tern Gair stated that she and .dose Mesa have worked hard this past year to maintain a perfect attendance record of representation for the City. As such, said perfect attendance will enable the city to become eligible for grant funds of $4,000 per year to be utilized towards employee training. COUNCIL STAFF REQUESTS AND COMMUNICATIONS REQUEST FROM MAYOR PRO TEM RICARDO PACHECO FOR COUNCIL DISCUSSION MUNICIPAL CODE SECTION 150.020 — "IMPROVEMENTS REQUIRED" Councilmember Pacheco made reference to Section 150.020 of the Municipal Code, stating that said ordinance requires that if a homeowner constructs improvements in excess of $20,000, the homeowner shall install curbs, gutters, sidewalks, driveway, approaches and parkway trees at his/her sole expense. Councilmember Pacheco has received complaints from residents who claim that those added expenditures take away from the amount of improvements that could be used toward home improvements. Councilmember Pacheco recommends that the amount be increased from $20,000 to $35,000 prior to requiring the added improvements. Assistant to the Chief Executive Officer Bouton stated that said ordinance was last updated in 1994. Staff recommends that an increase is appropriate and that an automatic increase to the amount should be built into the proposed amendment. Councilmember Van Cleave expressed concern that $30,000 worth of home improvements could be a significant amount depending on the type of improvements to the property. He stated that the chance of placing a sidewalk in front of these homes, aside from the Safe Route to School program may be zero. He feels that we have to keep the sidewalk policy in order to have sidewalks at every street within the city. Councilmember Pacheco stated that some residents construct improvements on their homes and then do not have the extra funds to construct the sidewalk and other improvements. He feels that this increase would encourage residents to improve their properties. After lengthy discussion, City Council directed staff to prepare and bring back an ordinance amendment that increases the amount from $20,000 to $35,000. There were no objections. SHOPPING CART NUISANCE Councilmember Garcia commented on the increase of abandoned shopping carts that are visible throughout the city. Councilmember requested immediate review and enforcement of the above violation. KENMORE ELEMENTARY SCHOOL PARKING ISSUES Councilmember Garcia inquired about parking enforcement issues near Kenmore Elementary School. She asked that the police department look into this matter and take the appropriate enforcement action such that the safety of the children is not at risk. City Council Minutes — March 21, 2001 Page 7 DANGEROUS (ANIMAL) CONDITION AT HOME NEAR KENMORE SCHOOL Councilmember Garcia requested the Code Enforcement Division to conduct an inspection of the property directly across from Kenmore School. There are pit bull dogs tied up in the front yard and there may be more animals on the property than the code allows. INVITATION TO ROTARY PUBLIC SAFETY LUNCHEON Councilmember Garcia extended an invitation to the Council, City Clerk and City Treasurer to attend as a guest of Kaiser Permanente's at the upcoming Public Safety Luncheon. REFUSE (LARGE ITEMS) AT CURBSIDE Councilmember Van Cleave expressed concern that large items are not being picked up and it is causing a blight to have these items left out on the curbside. He suggested posting an article in the NOW that informs the community of the fine associated with the abandonment of large refuse items. STREET SIGNAL AT MERCED AVENUE AND RAMONA BOULEVARD Councilmember Van Cleave asked Director Naiyer to repair the street signal light at Merced Avenue and Ramona Boulevard. CODE ENFORCEMENT REQUEST Mayor Pro Tem Gair requested that Code Enforcement be more responsive to the violations that are evident citywide, especially the street vendors throughout the city. She also requested more enforcement on Alderson, where there are inoperable trucks, appliances and large quantities of trash stored on residential front yards. Mayor Pro Tem Gair requested immediate review and enforcement of the above violations. Mayor Pro Tem Gair expressed concern with the vendors in town stating that they are everywhere within city boundaries. She stated that these vendors are in violation of the Municipal Code especially with the loudness of their music. Mayor Pro Tem Gair offered to file a complaint against these vendors especially if it would assist staff in following through with enforcement and court procedures. COMMITTEE APPOINTMENTS — NOTIFICATION TO ALTERNATES OF MEETING ABSENCE Mayor Pro Tem Gair requested that a system be implemented which notifies the alternate of an appointed committee that the representative will not be in attendance of a specific meeting. Said notification is requested to be made in advance such that the alternate has sufficient time in which to schedule for the attendance. There were no objections. City Council Minutes -- March 21, 2001 Page 8 CONCERNS WITH SERVICES BY WASTE MANAGEMENT Councilmember Pacheco asked staff to contact Waste Management Services regarding the complaints received of trash not picked in a timely manner. There were no objections. RENAMING OF VARIOUS FACILITIES Councilman Pacheco asked Director Carrillo to provide a list of city facilities that may be available for renaming Donor of distinguished citizens within the community. There were no objections. PACIFIC AVENUE AND PUENTE AVENUE LEFT HAND TURN SIGNAL Councilmember Pacheco requested staff to replace the temporary left hand turn signal at Pacific and Puente Avenues with a permanent fixture. There were no objections. MAYOR'S WELCOMING REMARKS TO CITY TREASURER CONTRERAS Mayor Lozano welcomed newly elected Treasurer Contreras to the first Council meeting since her official induction into office. COUNCIL CHAMBER RENOVATION Mayor Lozano commented on the existing condition of the council chamber and suggested some modifications to brighten the facility. He suggested seeking funds from area contractors and developers in an effort to augment the costs of this renovation. BUDGET UPDATE Director Sanchez advised Council that the printing of the budget documents was recently completed and will be distributed with the next weekly update. DOWNTOWN REVITALIZATION STAKEHOLDER MEETING Director Forintos announced that a Downtown Revitalization Stakeholder Meeting will be held on March 22, 2001, at 5:30 p.m. at the Community Center. SELECTION OF SISTER CITY AFFILIATE — TOTOTLAN JALISCO, MEXICO Deputy City Clerk Ramirez announced that at its meeting held March 14, 2001, the Baldwin Parr Sister Cities Association elected the City of Tototlan Jalisco, Mexico as their official Sister City affiliate. COMMENTS BY CITY TREASURER CONTRERAS City Treasurer Contreras thanked everyone for their welcoming remarks and looks forward to working closely with all members of the organization. She also thanked Chief Executive Officer City Council Minutes — March 21, 2001 Page 9 Keller, Director Sanchez, Personnel /Risk Manager Mesa, and Deputy City Clerk Ramirez for the orientation given to her this same date. DEPUTY CITY CLERK RAMIREZ CONGRATULATED ON COUNCIL ELECTION Mayor Lozano congratulated Deputy City Clerk Ramirez on her successful candidacy to the Irwindale City Council. ENERGY CRISIS SITUATION Councilman Pacheco requested that staff continue to research the feasibility of participating with other cities and possibly join efforts in the construction of a utility power plant. Mayor Lozano suggested that at this time, the City proceed with caution on this matter. ADJOURNMENT There being no further items before the Council, meeting was adjourned at 8:44 p.m. Approved as presented by the City Council at its meeting held June 6, 2001. Rosemary M. Ramirez, CIVIC Deputy City Clerk D� 0151AY)CA I *f JA TUN 0� 20D Item No. w is not available a F1 4 BALDWIN rlA,R,K TO: FROM: DATE: CITY OF BALDWIN PARK MAYOR AND CITY COUNCIL Shafique Naiyer, Director of Public Works June 6, 2001 CITY GUUNUILAUMIUA STAF,, JUN ORT � SUBJECT: ADOPT THE RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2001 -2002 AND SETTING A PUBLIC HEARING This report requests that the City Council adopt the attached resolutions approving the Engineer's Report for FY2001 -2002 declaring its intention to provide for the annual levy and collection of assessments in connection with the Citywide Landscaping and Lighting Maintenance District and setting a time and place for a public hearing. BACKGROUND In July 1980, the "West Ramona" Landscaping and Lighting Maintenance District was formed pursuant to the 1972 Act of the Streets and Highways Code, This District assessed only those residential units located within the West Ramona Redevelopment Project Area for costs associated with the maintenance of landscaping and lighting for this particular project. In June of 1981, the City Council approved the conversion of the 1919 Citywide Lighting Assessment District which was created July 1, 1980 to a Landscaping and Lighting Maintenance District and at the same time authorized the annexation of the West Ramona Landscaping and Lighting Maintenance Assessment District. The annexation enabled the City to simplify reporting and accounting procedures while at the same time maintain different rate structures so that those individuals who did not reside within the West Ramona Project would not be assessed for maintenance of the West Ramona Project. In May of 1991, the City Council approved the addition of traffic signal operations and maintenance costs to the District pursuant to the 1972 Act of the Streets and Highways Code. DISCUSSION Submitted for Council's review and approval is the Engineer's Report for the Citywide Landscaping and Lighting District for FY2001 -2002 in accordance with the requirements of Article 4, Part 2, Division 15 of the Streets and Highways Code. The existing rates are proposed to remain unchanged for FY2001 -2002. As a result, the average residential property (assuming a 60 -foot street frontage width) will have an overall landscaping and lighting assessment of $69.42. The following table shows the FY2001 -2002 assessments for each zone. The same assessments are proposed for FY2001 -2002. ASSESSMENTS ZONE LANDSCAPE LIGHTING TRAFFIC SIGNALS Residential $0.7513 $0.2809' $7.49 per lot Commercial $0.7513 $0.5547` $11.87 per lot Parcel Map #1164 (14 lots) $25.72 per lot $25.72 per lot $11.87 per lot Tract #: 39090, 39635, 40746, 42828, 41956 $18.00 per lot $18.01 per lot $7.49 per lot `Assessment per foot of adjusted frontage FISCAL IMPACT Citywide Landscaping and Lighting Maintenance District will generate $1,682,627 in revenue to provide annual maintenance expenditure at $1,513,648. lTxs� :l��IITII�I �1�7���[�1�1 It is recommended that the City Council: 1) Adopt RESOLUTION 2001 -050 APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK; and 2) Adopt RESOLUTION 2001 --051 DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AS TUESDAY, JULY 3, 2001. REPORT PREPARED BY Arjan Idnani, Engineering Manager SNIAIIvv c: slaKrpt45 -16 -Oi iandscaps, lighting maim. RESOLUTION NO. 20001 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" an Engineer's Report has been prepared consisting of plans and specifications, as estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now known and designated as: CITY OF BALDWIN PARK STREET LIGHTING AND STREET LANDSCAPING DISTRICT (Hereinafter referred to as "District "); and WHEREAS, there now has been presented to this City Council, the Report as required by Division 15 of the Streets and Highways Code and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: a. Plans and Specifications b. Estimate of the Cost c. Diagram of the Maintenance District d. Assessment of the Estimated Cost is hereby approved on a preliminary basis and is ordered to be filed in the office of the Director of Public Works as a permanent record and to remain open for public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. APPROVED AND ADOPTED this 6th day of June 2001. kyl��w' ATTEST: ROSEMARY RAMIREZ, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK ) I, ROSEMARY RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on June 6, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY RAMIREZ, DEPUTY CITY CLERK c.tstaifrpl%5 -X"I Landscape, lighting main(. RESOLUTION NO. 2001-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, the City Council has previously ordered the Engineer to prepare and file a report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California being the "Landscaping and Lighting Act of 1972" for an Improvement and Maintenance District known and designated as the CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (Hereinafter referred to as "District "); and WHEREAS, there has been presented and approved by the City Council the Engineer's Report as required by law; and WHEREAS, the City Council is desirous of proceeding with the ordering of the annual levy of assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY2001 -2002 forthe construction and continued maintenance of certain public facilities within the City of Baldwin Park Landscaping and Lighting District, all to serve and benefit said District as said area is shown and delineated on a map, previously approved by the City Council and on file in the office of the City Clerk, open for public inspection, and herein so referenced and made a part hereof. REPORT SECTION 3. That the Report of the Engineer, previously approved, regarding the FY2001 -2002 Assessment, which Report describes the improvements and maintenance for the FY2001 -2002, set forth the full and detailed description of the improvements, the zones therein and the proposed assessments upon assessable lots and parcels of land within the District, is on file with the City Clerk of the City of Baldwin Park. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of the City Council to order the annual levy of the assessments as set forth and described in said Engineer's Report. DESCRIPTION OF IMPROVEMENT AND MAINTENANCE SECTION 5. The improvements and maintenance for said District, and the assessments levied and collected, shall be for the construction and continued maintenance of certain public facilities consistent with said "Landscaping and Lighting Act of 1972," within the District. COUNTY AUDITOR SECTION 6. That County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the City Treasurer of the City for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 7, The City Treasurer shall place all monies collected by the Tax Collector as soon as said monies have been received by said City Treasurer in the special fund known as the "BALDWIN PARK LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FUND". Payment shall be made out of said fund only for the purposes provided in this Resolution. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated improvement and maintenance work is, in the opinion of the City Council, of direct benefit to the properties within the boundaries of the District, as set forth below, and the City Council makes the costs and expenses of said improvements and maintenance chargeable upon the district, which district said City Council hereby declares to be the District benefited by said improvements and maintenance and to be further assessed to pay the costs and expenses thereof. Except for those parcels referred to Section 9 of this Resolution, said District shall include each and every parcel of land within the boundaries of said District as said District is shown on a map as approved by the City Council and on file in the office of the City Clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land known as public property as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said work. SECTION 10. Notice is hereby given that ,July 3, 2601, at the hour of 7:OOPM in the Council Chambers of the City of Baldwin Park, California, being the regular meeting place of said City Council is the time and place fixed by this City Council for the hearing of protests, comments or objections in reference to the annual levy of assessments to the extent of the works of improvements, maintenance and the levy of the proposed assessments and any person who wishes to object to the annual levy of assessments should file a written protest with the City Clerk prior to the conclusion of said Public Hearing. SECTION 11. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation in said City; said publication shall be less than ten (10) days before the date of said Public Hearing. PROCEEDINGS INQUIRIES SECTION 12. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, your attention is directed to the office listed below as designated: SHAFIQUE NAIYER, INTERIM DIRECTOR OF PUBLIC WORKS CITY OF BALDWIN PARK (626) 813 -5255 EXECUTION SECTION 13. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same as to be published or posted in the manner prescribed by law. APPROVED AND ADOPTED this 6th day of June 2001. MAYOR ATTEST: ROSEMARY RAMIREZ, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK } I, ROSEMARY RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on June 6, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY RAMIREZ, DEPUTY CITY CLERK cAstaHrptl5 -16-01 landscape, lighting maim. CITY OF BALDWIN PARK BALDN"N P�AvR�K EXHIBIT "A„ ENGINEER'S REPORT .- CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2001 -2002 June 6, 2001 Shafique Nalyer City Engineer DEPARTMENT OF PUBLIC WORKS CITY OF BALDWIN PARK ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (FISCAL, YEAR 2001 - 2002) SECTION I: AUTHORITY FOR REPORT This report is prepared pursuant to the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the Streets and Highways Code. The report covers the period from July 1, 2001 through June 30, 2002, SECTION II: PLANS The plans showing size and location of street lights are incorporated herein by reference. Plans showing the general locations of landscaping to be maintained are incorporated herein by reference. All of the above mentioned items are on file in the office of the City Engineer. SECTION III: SPECIFICATIONS FOR MAINTENANCE The Lighting system shall be maintained to provide adequate illumination. Maintenance shall include but not be limited to removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures, circuits and all appurtenances. The traffic signal system shall be maintained for proper operation. Maintenance shall include but not be limited to removal, repair, replacement or relocation of traffic signal poles, mast -arms, controllers, cabinets, conduit, conductor, bulbs and all appurtenances. Power for lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Landscaping maintenance shall consist of installing, cutting, pruning, trimming, fertilizing and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public right -of -way and publicly -owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new items as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground cover. Irrigation systems shall be installed as deemed appropriate by the City Engineer. 1 Costs associated with the vehicle replacement amortization program for those vehicles used in conjunction with Landscape Maintenance are included within the projected expenditures for the District. SECTION IV: PROJECTED REVENUE AND EXPENDITURES - B FY 2001 -2002 BEGINNING FUND BALANCE (Estimated) $306,427'00 FY 2001 -2002 PROJECTED REVENUES Landscaping and Lighting Maintenance $906,982.00 County Ad Valorem Tax $350,000.00 TOTAL REVENUES $1,613,409.00 FY 2001 -2002 PROJECTED EXPENDITURES Maintenance and Operation $370,540.00 Lighting and Traffic Signals 450,000'00 Capital Improvement Projects 29,000.00 Contractual Services $332,000.00 Administrative Overhead I $327,103.00 TOTAL EXPENDITURES $1,513,648.00 PROJECTED BALANCE (June 30, 2002) FY 2001 -2002 Revenue $1,613,409.00 FY 2001 -2002 Expenditure $1,513,648.00 Assessment District Reserves (For unforeseen circumstances and emergencies) $99,761.00 K SECTION V: DIAGRAM A diagram showing the assessment parcel number and the dimensions of each lot or parcel of land within the District is on file in the office of the City Engineer. SECTION VI: ASSESSMENT The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria used for the assessment spread of lighting and landscaping is as follows: 1. Rectangular lots - street frontage 2. Irregular lots - width of lot at setback line - average of front and rear lot line lengths or -- street frontage, whichever is most representative of benefit 3. Flag lots - one -half of total footage to each of the two lots 4. Corner lots - the narrowest frontage The District is divided into four assessment zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that were assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels in the District that were assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) that was assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2001 --2002 is derived by apportioning a part of the total cost shown in Section IV among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax, The City receives this tax as part of its tax apportionment and percentage for lighting and landscape purposes. 3 DESCRIPTION Front Frontage Parcel Count Proposed Assessment Assessment Revenues Zone 1 & 2 (Street Lighting) Commercialllndustrial 92,312 L.F. $ 0.55431 L.F. $51,723.23 Residential 645,559 L.F. $ 0.28091 L.F. $181,350.52 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 738,871 L.F. $ 0.75131 L.F. $555,133.72 Zone 4 (Lights /Landscaping) Tract # 39090, 39635, 40746, 42828 & 41956 160 Lots $ 36.01 /Lot $5,761.60 Parcel #1164 14 Lots $ 51.44/Lot $720.16 Zone 2 (Traffic Signals) Commercial /industrial 1,001 Parcels $ 11.87 Per Parcel $11,881.87 Zone 1 & 4 (Traffic Signals) All Parcels 13,405 Parcels $ 7.49 Per Parcel $100,403.45 Grand Total $906,982.00 The assessment number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the County Auditor - Controller for the inclusion on the 2001 -2002 tax roll. 0.lstafPrpri5 -16 -a1 landscape, €fighting maint. 21 0 f1 4 CITY OF BALDWIN PARK P•A•R�K TO: MAYOR AND CITY COUNCIL FROM: Shafique Naiyer, Director of Public Works DATE: June 6, 2001 CITY COUNCIL AGENDA f 2001 ITEM IVO. STAFF REPORT SUBJECT: ADOPT THE RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2001 -2802 AND SETTING A PUBLIC HEARING ..e This report requests that the City Council adopt the attached resolutions approving the Engineer's Report for FY2001 -2002 declaring its intention to provide for the annual levy and collection of assessments in connection with the Citywide Park Maintenance Assessment District and setting a time and place for a public hearing. BACKGROUND As a result of Proposition 218, residents of Baldwin Park approved the formation of a Citywide Park Maintenance Assessment District. DISCUSSION The Engineer's Report for the Citywide Park Maintenance Assessment District has been filed with the City Clerk in accordance with the requirements of Article 4, Part 2, Division 15 of the Streets and Highways Code. This Citywide Park Maintenance Assessment District is proposed to generate $479,008.00 in revenue. The assessment, combined with the City's contribution of $510,000 as a general benefit, will result in total revenue of $989,008. Total expenditures for FY 2001- 2002 are estimated at $989,008. Under the proposed FY2001 -2002 Citywide Park Maintenance Assessment District, the typical homeowner will be assessed $24.48 for park maintenance. This amount includes a 3.8% increase per consumer price index (CPI). The following table outlines the proposed assessment for the Citywide Park Maintenance Assessment District. PARK MAINTENANCE ASSESSMENTS BY LAND USE Land Use Description FY2001 -2002 Assessment Single Family Residential (per unit) $ 24.48 Vacant Single Family Residential (per unit) $ 9.79 Condominium (per unit) $ 22.51 Multi- Family (per unit) $ 25.45 Mobile Homes (per unit) $ 12.24 Non - Residential (?1 acre /acre) (per acre) $ 97.90 Non - Residential ( >.5 - 1 acre) (per parcel) $ 97.90 Non - Residential ( <,5 acre) (per parcel) $ 48.95 Vacant Non- Residential (?1 acre) $ 39.16 Vacant Non - Residential ( >.5 - < 1 acre > .5) $ 39.16 Vacant Non - Residential (< .5 acre) $ 19.58 Institutional (per parcel) $ 24.48 Vacant Institutional (per parcel) $ 9.79 Government (> 1 acre) $ 24.48 Government (> .5 acre - < 1 acre) $ 24.48 Government (< .5 acre) $ 12.24 Exemption $ 0.00 Submitted for Council's review and approval is the Engineer's Report for the Citywide Park Maintenance Assessment District for FY2001 -2002 in accordance with the requirements of Articles 4, Part 2, Division 15 of the Streets and Highways Code. The public hearing will be held on Tuesday, July 3, 2001, at 7:OOPM. FISCAL IMPACT The Citywide Park Maintenance Assessment District will generate $479,008.00 in revenues and the City will contribute $510,000 of general funds to meet annual expenditure of $989,008.00. RECOMMENDATION It is recommended that the City Council: 1. Adopt RESOLUTION 2001 -052 APPROVING THE ENGINEER'S REPORT FOR PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK; and 2. Adopt RESOLUTION 2001 -053 DECLARING THE CITY COUNCIL'S INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AS JULY3, 2001 at 7 :OOPM. REPORT PREPARED BY: Arjan Idnani, Engineering Manager SNIAIIvv cAstaffrp(\5 -16 -01 ciiywide park maint assessment RESOLUTION NO. 2001 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR STREET PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK WHEREAS, pursuanttothe Provisions of Division 15, Part2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now known and designated as: CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as the "District "); and WHEREAS, there now has been presented to this City Council, the Report as required by Division 15 of the Streets and Highways Code and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: 1. Plans and Specifications 2. Estimate of the Cost 3. Diagram of the Maintenance District 4. Assessment of the Estimated Cost is hereby approved on a preliminary basis and is ordered to be filed in the office of the Director of Public Works as a permanent record and to remain open for public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. APPROVED AND ADOPTED this 61h day of_June 2001. rx�r� ATTEST: ROSEMARY RAMIREZ, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, ROSEMARY RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on June 6 , 2001 by the following vote: AYES: NOES- ABSENT- ABSTAIN: ROSEMARY RAMIREZ, DEPUTY CITY CLERK c:Waffrpt %5 -16-01 citywide park maint assessment RESOLUTION NO. 2001 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, the City Council has previously ordered the Engineer to prepare and file a report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California being the "Landscaping and Lighting Act of 1972" for an Improvement and Maintenance District known and designated as the CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as "District "); and WHEREAS, there has been presented and approved by the City Council the Engineer's Report as required by law; and WHEREAS, the City Council is desirous of proceeding with the ordering of the annual levy of assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY2001 -2002 for the construction and continued maintenance of certain public facilities within the City of Baldwin Park Citywide Park Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map, previously approved by the City Council and on file in the office of the City Clerk, open for public inspection, and herein so referenced and made a part hereof. SECTION 3. That the Report of the Engineer, previously approved, regarding the FY2001 -2002 Assessment, which Report describes the improvements and maintenance for the FY2001 -2002, set forth the full and detailed description of the improvements, the landscape therein and the proposed assessments upon assessable lots and parcels of land within the District, is on file with the City Clerk of the City of Baldwin Park. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of the City Council to order the annual levy of the assessments as set forth and described in said Engineer's Report. DESCRIPTION OF IMPROVEMENT AND MAINTENANCE SECTION 5. The improvements and maintenance for said District, and the assessments levied and collected, shall be for the construction and continued maintenance of certain public facilities consistent with said "Landscaping and Lighting Act of 1972," within the District. COUNTY AUDITOR SECTION 6, That County Auditor shall enter on the County Assessment Roll the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the City Treasurer of the City for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 7. The City Treasurer shall place all monies collected by the Tax Collector as soon as said monies have been received by said City Treasurer in the special fund known as the "BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FUND ". Payment shall be made out of said fund only for the purposes provided in this Resolution. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated improvement and maintenance work is, in the opinion of the City Council, of direct benefit to the properties within the boundaries of the District, as set forth below, and the City Council makes the costs and expenses of said improvements and maintenance chargeable upon the district, which district said City Council hereby declares to be the District benefited by said improvements and maintenance and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District as said District is shown on a map as approved by the City Council and on file in the office of the City Clerk, and so designated by the name of the District. PUBLIC HEARING SECTION 9. Notice is hereby given that July 3,2001, at the hour of 7:00PM in the Council Chambers of the City of Baldwin Park, California, being the regular meeting place of said City Council is the time and place fixed by this City Council for the hearing of protests, comments or objections in reference to the annual levy of assessments to the extent of the works of improvements, maintenance and the levy of the proposed assessments and any person who wishes to object to the annual levy of assessments should file a written protest with the City Clerk prior to the conclusion of said Public Hearing, NOTICE SECTION 10. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation in said City, said publication shall be less than ten (10) days before the date of said Public Hearing. PROCEEDINGS INQUIRIES SECTION 11. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, your attention is directed to the office listed below as designated: SHAFIQUE NAIYER, DIRECTOR OF PUBLIC WORKS CITY OF BALDWIN PARK (626) 813 -5255 EXECUTION SECTION 12. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same as to be published or posted in the manner prescribed by law. APPROVED AND ADOPTED this Ath day of June 2001. MAYOR ATTEST: ROSEMARY RAMIREZ, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK 1, ROSEMARY RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on June 6, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY RAMIREZ, DEPUTY CITY CLERK c tsteffrpt \5 -16 -01 cityw ide park maint assessment rr Mal 1 r R, K ENGINEER'S REPORT for CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2001 -2002 Shafique Naiyer City Engineer DEPARTMENT OF PUBLIC WORKS June 6, 2001 TABLE OF CONTENTS Page Synopsis .............. 2 ............................................................................. ............................... District Financial Summary..... ................... .............................................. ...................... 3 Boundary.......................................................................................... ............................... 4 Methodof Assessment ..................................................................... ............................... 5 AssessmentRoll— ............................................................................ ............................ 16 Description of Improvements ............................................................ .............................17 CostEstimate ................................................................................... .............................18 Certifications... ................ .............................................................................................. 19 1 CITY OF BALDWIN PARK ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (FISCAL YEAR 2001-2002) SYNOPSIS This report complies with Articles XIIIC and XIIID of the California Constitution and the Landscaping and Lighting Act of 1972. Also part of this report, but not bound herein, is the assessment roll on file with the City Clerk which indicates each Assessor Parcel Number's City of Baldwin Park Park Maintenance Assessment District assessment for Fiscal Year 2001 -2002. To comply with requirements of Article XIII of the California Constitution, enacted through the passage of Proposition 218 on November 5, 1996, the Citywide Park Maintenance Assessment District was formed in FY1997 -98. The Citywide Park Maintenance Assessment District is proposed to generate $479,008 of the $989,008 cost for annual park maintenance. The City will contribute $510,000, which represents general benefits (not assessed). Under the proposed FY2001 -2002 Citywide Park Maintenance Assessment District, the typical homeowner will pay $24.48 for a special benefit conferred upon his/her property by the Citywide Park Maintenance Assessment District. 2 THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (FISCAL YEAR 2001 -2002) DISTRICT FINANCIAL SUMMARY Estimated Uncommitted Fund Balance as of June 30, 2000 $0,00 Proposed City Contribution for General Benefit Fiscal Year 2001 -2002 $510000 Proposed Assessment Revenue Fiscal Year 2001 -2001 $479,008 Total Revenue Park Maintenance Operating Expenses Fiscal Year 2001 - 2002 $989,008 Total Expenses Estimated Uncommitted Fund Balance as of June 30, 2002 K, $0.00 ML M :A The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. 4 METHOD OF ASSESSMENT INTRODUCTION Section 22573 of the Landscaping and Lighting Act of 1972, being Division 15, Part 2, of the Streets and Highways Code, states that, `the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIl1C and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: • Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit' means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute `special benefit' " • Separate the general benefits from the special benefits conferred to parcels: `Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel. " • Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit. 0 IMPROVEMENTS The items that may be funded through the new District are defined in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the new District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation • The installation or planting of landscaping. • The installation or construction of statuary, fountains and other ornamental structures and facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. • The acquisition of land for park, recreational or open -space purposes. • The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: • Repair, removal or replacement of all or any part of any improvement. • Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. • The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. %. LAND USE DEFINITIONS The District assessment is based on land use such that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in FY2001- 2002. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. TABLE 1. - FY2 00112002 LAND USE DEFINITIONS Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES Commercial and industrial parcels INSTITUTION Institutional — Parcels owned by non - profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT OF PARKS Articles XIIIC and XIIID of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights -of -way, and water channel areas. Within the City, over 530 acres of 7 these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. Morgan Park recently underwent a 2.5 acre expansion, where a new Community Center has been built, in addition to the Activities Building containing meeting rooms, cooking facilities and a game room, and the Senior Citizens Center containing meeting rooms. Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located, with the other City parks located, south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high- density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1 ,000 residents. The majority of the City's park land is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total park land, Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks, administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks and recreational facilities, which are available for the use, and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parks in the District were found to be within 1 314 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 314 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property- related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: • The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. • Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. • The proper maintenance of parks by the District provides increased District - wide attractiveness to prospective buyers. + The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks, which are available for the use, and enjoyment of the property owners and the visitors of the assessed parcels. • Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT OF PARKS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio- economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. 9 In addition, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out -of- district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of- District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. FORMULA The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit of Parks" are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single - family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor's master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ("EDU") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU values for condominiums, multi- family and mobile homes are based upon a comparison of the average population per household for single - family residences versus the average household population in condominiums, multi - family and mobile homes. The calculation of each EDU value is shown below: 10 For Single Family Residential: Single family population per household Single family population per household For Condominium Residential: Condo population per household Single family population per household For Multi - Family Residential: Multi- family population per household Single family population per household For Mobile Home Residential: Mobile Home population per household 4.06 - - 1.00 EDU'slunit 4.06 3.75 = 0.92 VDU's /unit O: 4.25 = 1.04 EDU s /unit 4.06 2.03 - = 0.50 EDU's /unit Single family population per household 4.06 The EDU values for commercial, office, business and industrial land uses ( "non- residential") are based on a comparison of the typical single family lot acreage versus the actual size of the non - residential use. Special benefit to non - residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non- residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single - family parcel size is 8,540 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4. 10 lots per acre, which is rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of nonresidential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non - residential lots @ 4 1acre 4 lots per acre _ = 4.00 EDU s /acre Single family EDU 1.00 11 Furthermore, non - residential parcels more than half an acre and less than an acre are assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non- residential parcels below one -half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. For Non - Residential ( <.5 acre): Non- residential lots @ 21half acre 2 lots per half acre 2.00 EDU's/part acre Single family EDU 1.00 The EDU value for the institutional, church, school, college and day care land uses ( "institutional ") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non - residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non - residential parcels, and are assigned 1 EDU per parcel As a result of the passage of Proposition 218, the assessment methodology for the new Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the new District boundary. Section 4 of the Proposition states, `Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit. " In comparison to non - residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: • reduces property- related crimes against properties within the District, especially vandalism, through the abatement of graffiti; • improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; • reduces pollution and noise in surrounding areas throughout the provision of open space; and • by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. 12 Additionally: • Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, portions of most public properties are used as park and/or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one - quarter the rate of non - residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non - residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right -of -way parcels, public utility right -of -way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non - residential or institutional development and therefore no benefit. The following Table 2 - Assessment Factors sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre, 13 TABLE 2 -- ASSESSMENT FACTORS Land Use Description Population per Unit Equivalent Dwelling Units Assessment per Unit, Parcel or Acre Single Family Residential 4.06 /unit 1.00 /unit $24.48 /Unit Vacant Single Family Residential -- - - - - -- 0.40 /parcel $9.79/Parcel Condominium 3.75 /unit 0.92 /unit $22.51/Unit Multiple Family 4.25 /unit 1.04 /unit $25.45 /Unit Mobile Home 2.031unit 0.50 /unit $12.24/Unit Non - Residential > 1 acre 4.00 /acre 4.00 /acre $97.90 /Acre Non- Residential > .5 - < 1 acre 4.00 /parcel 4.00 /parcel $97.90 /Parcel Non - Residential < .5 acre 4.00 /parcel 2.00/parcel $48.95 /Parcel Vacant Non- Residential > 1 acre - - - - -- 1.60 /acre $39.16/Acre Vacant Non - Residential >.5 acre - <1 acre - - - - -- 1.60 / parce $39.16 /Parcel Vacant Non - Residential < .5 acre - - - - -- 0.80 /parcel $19.58 /Parcel Institutional 1.00 /parcel 1.00/parcel $24.48/Parcel Vacant Institutional - - - - -- 0.401parcel $9.79 /Parcel Government > 1 acre 4.00 /arce 1.00 /acre $24.48 /Acre Government > .5 acre - < 1 acre 4.00 /parcel 1.00 /parcel $24.48 /Parcel Government < .5 acre 4.00 /parcel 0.50 /parcel $12.24 /Parcel Exemption - - - - -- 0.00 /parcel $0.00 /parcel ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT Upon approval of a majority vote of the property owners, the Fiscal Year 2001 -2002 Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2001 -2002 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ( "CPI "), All Urban Consumers, for the Los Angeles - Anaheim- Riverside Area from January through January of the previous calendar year. Wl Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. TOTALASSESSMENT The total assessment for each parcel is the sum of its assessment for park maintenance and engineering and incidentals. 15 ASSESSMENT ROLL Each parcel's Assessor Parcel Number (APN) and total assessment to be levied for Fiscal Year 2001 -2002 is shown on the assessment roll for the District on file in the City Clerk's Office and incorporated herein by reference. Reference is made to the Los Angeles County Assessment roil for further description of the parcels in the District. tW9 DESCRIPTION OF IMPROVEMENTS Plans and Specifications Park Maintenance. Maps showing the location of parks within the District, and specifications describing the general nature, location and extent of park maintenance within the District, are on file in the office of the City Clerk and incorporated herein by reference. lift COST ESTIMATE FY 2001 -2002 BEGINNING FUND BALANCE (Estimated) $0.00 FY 2001 -2002 PROJECTED REVENUES Park Maintenance District $479,008.00 City Contribution for General Benefit of Parks $510,000.00 TOTAL REVENUES $989,008.00 FY 2001 -2002 PROJECTED EXPENDITURES Maintenance and Operation $395,339.00 Utilities $184,913.00 Capital Improvement Projects $97,323.00 Capital Outlay $0.00 Contractual Services $116,787.00 Administrative Overhead $194,646.00 Central Park West Renovation $0.00 TOTAL EXPENDITURES $989,008.00 PROJECTED BALANCE (Jane 30, 2002) FY 2001 -2002 Revenue $989,008.00 FY 2001 -2002 Expenditure $989,008.00 Assessment District Reserves (For unforeseen circumstances and emergencies) $0.00 CERTIFICATIONS NOW, THEREFORE, I, Shafique Naiyer, City Engineer of the City of Baldwin Park by virtue of the power vested in me under the Resolution and the order of the City Council, hereby make the benefit assessments as defined by this Engineer's Report. Dated: Shafique Naiyer City Engineer City of Baldwin Park cAstaffrptl5 -16 -01 citywide park main; assessment 19 CITY OF BALDWIN PARK III BALDW I N P , A • R ° K TO: Honorable Mayor and City Council Members FROM: Mark P. Kling, Acting Chief of Police P�`~ DATE: June 6, 2001 Ul I Y UUUIMUIL HUMA SUBJECT: Request Use of Office of Traffic Safety (OTS) Grant Funds Pur ose Staff requests City Council approval to use Office of Traffic Safety (OTS) grant funds for funding of one additional sworn position and the purchase of equipment for use by police personnel. Background In November of 2000, the police department was awarded grant funds from the State of California, Office of Traffic Safety (OTS). The purpose of these funds is restricted to law enforcement use to enhance the traffic safety program within the city. Discussion At the time of the application for the OTS grant, the police department's Traffic Unit had two officers assigned to perform all traffic related duties. This was due to budget constraints and the need to allocate personnel and resources to patrol operations. This diversion of personnel and resources has precluded the police department from properly addressing traffic enforcement. In examining traffic related statistics over a recent three -year period (1997 — 1999), the total number of reported traffic collisions remained relatively consistent. During the same period, the number of hazardous citations issued dropped sharply, from 4,306 in 1997 to 2,232 in 1999. Driving Under the Influence (DUI) arrests also experienced a sharp decline over this time period, from 167 arrests in 1997 to 95 arrests in 1999. In an attempt to address the traffic safety issue in the city, the department has sent selected officers to POST approved DUI seminars in an effort to better identify impaired drivers. Additionally, the department has attempted to work traffic enforcement through patrol officers on an as time is available basis. Staff Report OTS Grant Page 2 Other attempts to address traffic safety issues have included special enforcement operations at targeted intersections in the city, and public education to the community. To address this dilemma, police staff recommends that city council approve the . following sworn position allocation and equipment purchases utilizing OTS monies. (These purchases will augment the operations bureau by providing an additional traffic officer, along with related traffic equipment). isgai_Impact OTS grant funds awarded in November 2000 totaled $167,890.00 and were earmarked for police department use beginning January 1, 2001. There is no matching funds required, therefore no negative impact to the general fund for this fiscal year or subsequent fiscal years. Recommendation Staff recommends City Council approval and appropriate grant funds in the amount of $57,437.00 for the remainder fiscal year 2000 -2001. Revenue Account: 100 -00 -4422 (State Grants) $57,437.00 Expenditure Accounts: 100 -23 -5100 (Salaries) $18,788.00 100 -25 -5745 (Equipment) $2909.00 100 -29 -5440 (Printing) $ 2000.00 100 -25 -5330 (Travel /Conferences) "AP 100 -25 -5340 (Education/Training) $ 500.00 Total Cost/Reimbursement for Initial Year OTS Grant Program $57,437.00 Staff also requests Council approve and appropriate remaining grant funds in the amount of $77,014.00 for Fiscal Year 2001 -2002 and $35,375.00 for Fiscal Year 2002- 2003. These remaining grant funds will be utilized in subsequent fiscal years as outlined in the attached expenditure schedule. Staff recommends Council approval to proceed in purchasing the described equipment identified through this grant. Report prepared by Lieutenant Raul Martinez ATTACHMENT SCHEDULE FY 2000 — 2001 (April 2001 — June 2001) 1 — Sworn officer position 100% Overtime for six (6) officers @ 8 hours each for one (1) DUI Checkpoint 1 — Fully equipped police motorcycle 3 — Laser Speed Devices with Holsters 3 — Preliminary Alcohol Sensing (PAS) Devices 1 — Motorcycle Helmet and Communication Device In State Travel Expenses (training) Printing costs Educational and Promotional Items * Sworn Officer Salary Rate Based at Step 5 ($4,576.00) plus 3% Motor Incentive Pay ($137.00) plus a Motor Stipend ($85.00) Total Cost/Reimbursement for First Year: FY 2001 — 2002 (July 2001 — June 2002) 1 — Sworn officer position 100% (July — March) 1 — Sworn officer position 50% (April — June) Overtime for six (6) officers @ 8 hours each for four (4) DUI Checkpoints In State Travel Expenses (training) Printing costs Sworn Officer Salary Rate Based at Step 5 ($4,576.00) plus 3% Motor Incentive Pay ($137.00) plus a Motor Stipend ($85.00) $18,788.00* $ 2,064.00 $13,886.00 $11,663.00 $ 2,569.00 $ 2,967.00 $ 2,000.00 $ 1,000.00 $ 2,500.00 $57,437.00 $56,364.00* $ 9,394.00* $ 8,256.00 $ 2,000.00 $ 1,000.00 Total CosttReimbursement for Second Year: $77,014.00 FY 2002 — 2003 (July 2002 — March 2003) 1 — Sworn officer position 50% $28,183.00* Overtime for six (6) officers @ 8 hours each $ 6,192.00 for three (3) DUI Checkpoints In State Travel Expenses (training) $ 1,000.00 * Sworn Officer Salary Rate Based at Step 5 ($4,576.00) plus 3% Motor Incentive Pay ($137.00) plus a Motor Stipend ($85.00) Total Cost/Reimbursement for Third Year: $35,375.00 Total Cost/Reimbursement for OTS Grant Program: $169,826.00 Total OTS Grant Awarded: $169,826-00 it e BALDWIN P, A, R, K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK Mayor & City Council Mark Kling, Acting Chief of Police June 6, 2001 Official Police Taw Service Providers CITY COUNCIL AGENDA JUN - 6 2001 ITEM NO. Jn-E STAFF REPORT Staff requests City Council approve Resolutions No. 2001 -006 and No. 2001 -007, pursuant to Chapter 100 of the City of Baldwin Park Municipal Code (BPMC) regulating Official Police Tow Services. BACKGROUND City Council previously adopted an ordinance to provide for the establishment and regulation of official police tow services in the City of Baldwin Park, codified under Chapter 100 of the BPMC. At the 12 -20 -00 City Council meeting, Council selected three tow companies as the Official Police Tow Service providers: Budget Towing, Freddie Mac's Towing, and Royal Coaches Towing. At the 3 -7 -01 City Council meeting, Council directed amendments be trade to Chapter 100 of the BPMC. At the 4-18 -01 City Council meeting, Council introduced Ordinance No. 1177, amending Chapter 100 of the BPMC. At the 5 -2 -01 City Council meeting, Council adopted Ordinance No. 1177, amending Chapter 100 of the BPMC. Ordinance No. 1177 became effective on June 1, 2001, Ordinance No. 1177 changed Chapter 100 of the BMPC through two amendments that (1) permit City Council to waive strict adherence to requirements under Chapter 100 of the BPMC for up to six months and (2) explicitly removes tow service for big rigs and emergency hazardous materials (hazmat) from Chapter 100 of the BPMC. DISCUSSION Selection of the Baldwin Park tow service providers facilitates the City of Baldwin Parr entering into franchise agreements with the qualified selected tow service providers, City Council originally selected three tow service providers as requested by Police Department Staff. However, Council may change in their discretion who is designated as an Official Tow Service Provider for the City of Baldwin Parr within Resolution No. 2001 -006. The franchise agreements will formalize the terms and conditions created within the ordinance codified under Chapter 100 of the BPMC. Copies of the proposed franchise agreements are attached for City Council review. The franchise agreements are identical with the exception of the different named tow companies and representatives to each agreement. After a cost analysis, it has been determined that a $25.00 per vehicle franchise fee is an appropriate amount. The per vehicle franchise fee includes an exemption for substantially stripped and/or junk vehicles. A copy of the cost analysis is attached and entitled, "Franchise Agreement Fee Calculations." Although Chapter 100 of the BPMC allows for franchise agreements up to four years, it is recommended a term of two (2) years be set to permit a review of the franchise fee amount at that time. FISCAL IMPACT Estimated increase in general fund revenue of approximately $1500 to $2500 a month depending upon the number of vehicles towed each month. RECOMMENDATION City Council approve and adopt Resolution No. 2001 -006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING OFFICAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZINGTHE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100. City Council approve and adopt Resolution No. 2001 -007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE FRANCHISE FEE FOR OFFICIAL POLICE TOW SERVICES, PURSUANT TO BALDWIN PARK MUNICIPAL CODE SECTION 100 -085. Report prepared by Captain Michael Stedma RESOLUTION NO. 2001 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING OFFICIAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZING THE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100. WHEREAS, the City Council has added Chapter 100 to the Baldwin Park Municipal Code, establishing and regulating Official Police Tow Services in the City of Baldwin Park; and WHEREAS, the City Council reviewed the applications of police tow service providers that were determined by the Police Department to meet all of the requirements to qualify for an Official Police Tow Services franchise; WHEREAS, at its meeting held on December 20, 2000, the City Council selected three (3) police tow service providers to enter into an Official Police Tow Services franchise agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following police tow service providers shall be designated as an Offical Police Tow Service, pursuant to Chapter 100 of the Baldwin Park Municipal Code: Budget Towing Freddie Mac's Towing Royal Coaches Towing SECTION 2. That the City shall enter into a separate franchise agreement for a term of two (2) years with each of the above Official Police Tow Service providers. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this th day of June, 2001. MANUEL LOZANO, MAYOR ATTEST: KATHRYN TIZCARENO, CITY CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES }ss. CITY OF BALDWIN PARK ) 1, KATHRYN TIZCARENO, City Clerk certify that the foregoing resolution was duly City Council of the City of Baldwin Park at its 2001 by the following vote: AYES NOES: ABSENT: ABSTAIN: KATHRYN TIZCARENO, CITY CLERK of the City of Baldwin Park do hereby end regularly passed and adopted by the regular meeting of the City Council June RESOLUTION NO. 2001 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE FRANCHISE FEE FOR r OFFICIAL POLICE TOW SERVICES, PURSUANT TO BALDWIN PARK MUNICIPAL CODE SECTION 100.085. WHEREAS, the City Council has added Chapter 100 to the Baldwin Park Municipal Code, establishing and regulating Official Police Tow Services in the City of Baldwin Park; and WHEREAS, pursuant to Baldwin Park Municipal Code section 100.085, the City Council is authorized to establish a franchise fee, from time to time, to be paid by those operators with an Official Police Tow Service franchise, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the franchise fee to be paid by the operators selected by the City Council to have an Official Police Tow Services franchise shall be in the amount of twenty five dollars ($25.00) per vehicle, subject to any exemptions provided by Chapter 100 of the Baldwin Park Municipal Code. SECTION 2. That the fee established herein shall become effective immediately and shall be reflected in any franchise agreement between the City and an Official Police Tow Service franchisee. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this th day of June, 2001. MANUEL LOZANO, MAYOR ATTEST: KATHRYN TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) I, KATHRYN TIZCARENO, City Clerk of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council .June _, 2001 by the following vote: AYES NOES: ABSENT: KATHRYN TIZCARENO, CITY CLERK FRANCHISE AGREEMENT FEE CALCULATIONS (1) Captain — 5% of time — 8.6 hours per month $541 (1) Lieutenant — 7.5% of time = 13 hours per month $700 (1) FTO — 10% of time = 17.3 hours per month $715 (1) Officer — 10% of time = 17.3 hours per month $698 Dispatcher — 15 hours per month $341 Records Specialist — 100 hours per month $1943 CAD /RMS cost per month @ 10% of total over 7 year anticipated life of equipment ($709,857) $845 SUBTOTAL $5783 Administrative overhead @ 15% of total $867 TOTAL $6650 Anticipated vehicles stored/impounded 150 -200 Actual costs incurred in connection with tow program at 150 vehicles per month per car $44.33 Actual costs incurred in connection with tow program at 200 vehicles per month per car $33.25 Actual costs incurred in connection with tow program at 250 vehicles per month per car $26.60 [Recovery authorized pursuant to CA Vehicle Code Section 12110(b)] FRANCHISE AGREEMENT FOR , OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES ( "Franchise Agreement "), made and entered into on , 2001 ( "Effective Date "), between the City of Baldwin Park, a public entity organized and existing under the State of California, hereinafter referred to as "City," and Budget Towing, hereinafter referred to as "Franchisee." 1. RECITALS A. The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B. The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, based on such determination, the City Council has selected the Franchisee to enter into this non - exclusive Franchise Agreement; and C. Franchisee has agreed to provide such official police tow services, subject to and in accordance with the terms and conditions set forth in this Franchise Agreement and in the regulations of Chapter 100 of the Baldwin Park Municipal Code ( "BPMC "). NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: 2. DEFINITIONS This definitions set forth in Section 100.020 of the Baldwin Park Municipal Code are incorporated by reference into this Franchise Agreement. Notwithstanding such definitions, additional terms may also be specifically defined herein. 3. GRANT OF FRANCHISE City hereby grants Franchisee the non- exclusive right to provide Official Police Tow Services in accordance with and pursuant to Chapter 100 of the Baldwin Park Municipal Code. 4. FRANCHISE FEE A. Fee amount. Franchisee shall pay the City a franchise fee in the amount of twenty five dollars ($25.00) per vehicle. The franchise fee shall be payable monthly to the City during the term of this Franchise Agreement. B. Exemptions. Substantially stripped and junked vehicles shall not be considered a "vehicle" under paragraph A of this section and, therefore, Franchisee is not required to pay the franchise fee for such vehicles. 5. FRANCHISE FEE REPORTS A. Annual income statement. Every Official Police Tow Service shall annually provide the City with an income statement of the Official Police Tow Service. Such statements shall be in such substance and format as may be approved by the Director of Finance or his/her designee. B. Monthly report. Each monthly franchise fee payment made by Franchisee to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement, signed under penalty of perjury by an officer of the Official Police Tow Service. As set forth more specifically in BPMC Section 100.086, the monthly report shall identify in detail the number of official police tow services performed, and shall set forth the basis for exempting any tow services from calculation of the monthly franchise fee payment, in accordance with the franchise agreement. 6. FRANCHISE TERM This Official Police Tow Service franchise is granted for a term of two (2) years from the effective date stated above. At the conclusion of the term, this Franchise Agreement shall terminate automatically and without any further action or notice by the City required. Nothing in this section shall prohibit the Franchise Agreement from being terminated prior to the end of the term, pursuant to BPMC Chapter 100. 2 7. UNIFORM TOW FEE RATES A. Fee Schedules. The uniform tow fee schedule is determined by using the average tow fee allowed by the California Highway Patrol (the "CHP ") for the Baldwin Park region for those Official Police Tow Services with contracts with the CHP. Said rates may be adjusted annually unless an adjustment to rates is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the chief of police or his or her designee. Franchisee may request an administrative hearing on any such dispute in accordance with BPMC Chapter 100. 8. BUSINESS LICENSE REQUIRED Franchisee agrees to have and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement. 9. TRANSFER OR ASSIGNMENT OF FRANCHISE A. Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted therein, without obtaining the prior, written consent of the City Council. Any request to transfer or assign the franchise must be in writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. Such request shall be processed and determined in accordance with BPMC Chapter 100. B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word "control' as used herein is not limited to a change in major stockholders or partners of the Franchisee, but also includes actual working control in whatever manner exercised. C. Grounds for Revocation of Franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an Official Police Tow Service franchise without the prior, written consent of the City Council shall be null and void and shall subject the Franchisee to cancellation, revocation or suspension of its franchise. 10. TOW TRUCK EQUIPMENT RE UIREMENTS A. Capabilities. Franchisee represents and agrees that it shall provide towing equipment capable of providing for the following services: (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five (5) tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing in parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. B. Minimum Equipment Available. Franchisee shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one of the three (3) tow trucks in service must have a five (5) ton lifting capacity. C. Other Requirements. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPMC Chapter 100. 11. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPMC section 100.090 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions shall be grounds for cancellation, revocation, or suspension of the Franchise 4 Agreement. The terms and conditions established in BPMC Chapter 100 relate to the following areas: A. Request For Services B. Business Hours C. Signs Required D. Release or Availability of Vehicles E. Available On Demand F. Professional Attire G. Removal of Hazards H. Towing of City Vehicles 1. Records and Offices Subject to Inspection J. Communications Requirements K. Vehicle Storage Facilities L. Official Storage Lot 12. RESPONSIBILITY FOR OWN ACTS Franchisee and its officers, employees and agents shall be responsible for their acts while performing duties as follows: (1) Franchisee participating in towing assignments by the police department shall be responsible for the acts of their employees while on duty. (2) Franchisee shall be responsible for damage to vehicles while in its possession caused by its active or passive negligence. (3) Franchisee shall be responsible for damage to persons or property caused by the active or passive negligence or willful 5 misconduct of its employees en route to or from a City request for tow services. (4) Franchisee and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to, all applicable provisions of the California Vehicle Code. 13. LIABILITY INSURANCE Franchisee shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City's Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise Agreement and proof of such public liability insurance shall be provided to the City on demand. 14. INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to its franchise with the City or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the Franchisee or its agents and employees. 15. RESPONSE TIME A. Average and Maximum Response Times. Franchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the police department, shall not exceed twenty -five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the police department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene. B. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the police department of this delay and the reason for the delay. 16. ROTATION SYSTEM[ A. Rotation List Each Official Police Tow Service designated as an Official Police Tow Service, including Franchisee, shall be placed on a "rotation list" in an initial order to be determined by the police department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever an authorized police department employee requests the storage or impounding of a vehicle. B. Turns in Rotation. Each Official Police Tow Service shall be called, in turn according to the established rotation list, to respond to a police department request for towing service and, when in turn, shall have exclusive right to provide service as set forth in BPMC Section 100.230. C. Loss of Turn in Rotation. Whenever Franchisee cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, Franchisee shall be passed over and the next Official Police Tow Service on the rotation list will be called. Franchisee shall become eligible to provide service again only in its next turn in rotation. D. Exceptions. BPMC Section 100.230(D) provides for exceptions to the Rotation System, and such exceptions are incorporated herein. 17. NON - DISCRIMINATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. 18. GROUNDS FOR CANCELLATION REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the chief of police, either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in BPMC Section 100.260. A. Notice and Contents of Notice. Franchisee shall be given five (5) days written notice to appear before the chief of police or his or her designee to show cause why the franchise should not be revolted, suspended, or canceled for any of the reasons set forth below. B. Basis for Action. This Franchise Agreement may be revoked, suspended, or canceled for any of the following reasons: (1) Franchisee fails to pay any City business license fees or other fees provided in the franchise agreement or by the Baldwin Park Municipal Code; or (2) Franchisee breaches any rules, regulations, or conditions set forth in this franchise agreement or the Baldwin Park Municipal Code; or (3) Franchisee, or any person having any ownership interest in that Official Police Tow Service or any employee of that Official Police Tow Service, violates any federal, state or local law; or (4) Franchisee fails to maintain a satisfactory level of service to the police or public; or (5) Franchisee fails to keep any tow vehicle in safe condition and good repair; or (6) Franchisee fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code; or (7) Franchisee deviates from the schedule of rates set forth in the Exhibit "A;" or (8) Franchisee passes on a tow assignment more than four (4) times in any calendar month. "Passing„ is defined as refusing, for any 8 reason, any tow assignment from the police department, including, without limitation, the towing of City vehicles at no charge; or (9) Franchisee fails to respond to requests for tow service by the police department within the response time established by Section . 100.220; or (10) Franchisee commits fraud or deceit upon the City, including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to City requests for tow services; or (11) Franchisee commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services; or (12) Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default, or (13) Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or (14) Franchisee violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to its tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; or (15) Franchisee becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. 9 19. PROCEDURE FOR ACTION AGAINST FRANCHISEE Whenever the City determines that Franchisee has violated any applicable federal, state or local law, or has violated any provision of the franchise between the Official Police Tow Service and the City, the City shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the matter in accordance with the procedures set forth in BPMC Section 100.260. 20. LIQUIDATED DAMAGES A. Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period. Franchisee agrees to pay the City one hundred dollars ($100) each and every time that it fails to meet the maximum response time for any single request for tow service by the police department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. U. Hearing. Prior to the imposition of such liquidated damages against a particular Official Police Tow Service, that Official Police Tow Service shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with 1 00.260. 21. COMMUNICATIONS Any notice, demand, request, consent, approval, designation, or other communication which either party is required or desires to give or make or communicate to the other party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the follow addresses: 10 CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Chief of Police FRANCHISEE: Budget Towing 4900 Azusa Canyon Road Irwindale, California 91706 Attention: Irma Caballero, CEO 22. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. 23. WAIVER Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 24. BINDING EFFECT This Franchise Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. 25. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESSETH WHEREOF, the parties hereto have caused this Franchise Agreement to be executed and effective the day and year first above written. 11 CITY OF BALDWIN PARK Chief Executive Officer Date Approved as to Form: ARNOLD ALVAREZ- GLASMAN CITY ATTORNEY FRANCHISEE By: Irma Caballero Date Its: Chief Executive Officer CAMy Documents\BPTOWSERV2.DOC 12 FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES ( "Franchise Agreement "), made and entered into on , 2001 ( "Effective Date "), between the City of Baldwin Park, a public entity organized and existing under the State of California, hereinafter referred to as "City," and Freddie Mac's Towing, hereinafter referred to as "Franchisee." 1. RECITALS A. The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B. The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, based on such determination, the City Council has selected the Franchisee to enter into this non - exclusive Franchise Agreement; and C. Franchisee has agreed to provide such official police tow services, subject to and in accordance with the terms and conditions set forth in this Franchise Agreement and in the regulations of Chapter 100 of the Baldwin Park Municipal Code ( "BPMC "). NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: 2. DEFINITIONS This definitions set forth in Section 100.020 of the Baldwin Park Municipal Code are incorporated by reference into this Franchise Agreement. Notwithstanding such definitions, additional terms may also be specifically defined herein. 1 3. GRANT OF FRANCHISE City hereby grants Franchisee the non - exclusive right to provide Official Police Tow Services in accordance with and pursuant to Chapter 100 of the Baldwin Park Municipal Code. 4. FRANCHISE FEE A. Fee amount. Franchisee shall pay the City a franchise fee in the amount of twenty five dollars ($25.00) per vehicle. The franchise fee shall be payable monthly to the City during the term of this Franchise Agreement. B. Exemptions. Substantially stripped and junked vehicles shall not be considered a "vehicle" under paragraph A of this section and, therefore, Franchisee is not required to pay the franchise fee for such vehicles. 6. FRANCHISE FEE REPORTS A. Annual income statement. Every Official Police Tow Service shall annually provide the City with an income statement of the Official Police Tow Service. Such statements shall be in such substance and format as may be approved by the Director of Finance or his/her designee. B. Monthly report. Each monthly franchise fee payment made by Franchisee to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement, signed under penalty of perjury by an officer of the Official Police Tow Service. As set forth more specifically in BPMC Section 100.086, the monthly report shall identify in detail the number of official police tow services performed, and shall set forth the basis for exempting any tow services from calculation of the monthly franchise fee payment, in accordance with the franchise agreement. 6. FRANCHISE TERM This Official Police Tow Service franchise is granted for a term of two (2) years from the effective date stated above. At the conclusion of the term, this Franchise Agreement shall terminate automatically and without any further action or notice by the City required. Nothing in this section shall prohibit the Franchise Agreement from being terminated prior to the end of the term, pursuant to BPMC Chapter 100. 2 T. UNIFORM TOW FEE RATES A. Fee Schedules. The uniform tow fee schedule is determined by using the average tow fee allowed by the California Highway Patrol (the "CHP ") for the Baldwin Park region for those Official Police Tow Services with contracts with the CHP. Said rates may be adjusted annually unless an adjustment to rates is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the chief of police or his or her designee. Franchisee may request an administrative hearing on any such dispute in accordance with BPMC Chapter 100. 8. BUSINESS LICENSE REQUIRED Franchisee agrees to have and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement. 9. TRANSFER OR ASSIGNMENT OF FRANCHISE A. Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted therein, without obtaining the prior, written consent of the City Council. Any request to transfer or assign the franchise must be in writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. Such request shall be processed and determined in accordance with BPMC Chapter 100, B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word "control" as used herein is not limited to a change in major stockholders or partners of the Franchisee, but also includes actual working control in whatever manner exercised. C. Grounds for Revocation of Franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an Official Police Tow Service franchise without the prior, written consent of the City Council shall be null and void and shall subject the Franchisee to cancellation, revocation or suspension of its franchise. 14. TOW TRUCK EQUIPMENT REQUIREMENTS A. Capabilities. Franchisee represents and agrees that it shall provide towing equipment capable of providing for the following services: (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five (5) tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing in parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. B. Minimum Equipment Available. Franchisee shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one of the three (3) tow trucks in service must have a five (5) ton lifting capacity. C. Other Requirements. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPIVIC Chapter 100. 11. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPNIC section 100.090 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions shall be grounds for cancellation, revocation, or suspension of the Franchise Agreement. The terms and conditions established in BPMC Chapter 100 relate to the following areas: A. Request For Services B. Business Hours C. Signs Required D. Release or Availability of Vehicles E. Available On Demand F. Professional Attire G. Removal of Hazards H. Towing of City Vehicles L Records and Offices Subject to Inspection J. Communications Requirements K. Vehicle Storage Facilities L. Official Storage Lot 12. RESPONSIBILITY FOR OWN ACTS Franchisee and its officers, employees and agents shall be responsible for their acts while performing duties as follows: (1) Franchisee participating in towing assignments by the police department shall be responsible for the acts of their employees while on duty. (2) Franchisee shall be responsible for damage to vehicles while in its possession caused by its active or passive negligence. (3) Franchisee shall be responsible for damage to persons or property caused by the active or passive negligence or willful 5 misconduct of its employees en route to or from a City request for tow services. (4) Franchisee and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to, all applicable provisions of the California Vehicle Code. 13. LIABILITY INSURANCE Franchisee shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City's Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise Agreement and proof of such public liability insurance shall be provided to the City on demand. 14. INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to its franchise with the City or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the Franchisee or its agents and employees. 15. RESPONSE TIME A. Average and Maximum Response Times. Franchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the police department, shall not exceed twenty -five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the police department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene. B. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the police department of this delay and the reason for the delay. 16. ROTATION SYSTEM A. Rotation List Each Official Police Tow Service designated as an Official Police Tow Service, including Franchisee, shall be placed on a "rotation list" in an initial order to be determined by the police department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever an authorized police department employee requests the storage or impounding of a vehicle. B. Turns in Rotation. Each Official Police Tow Service shall be called, in turn according to the established rotation list, to respond to a police department request for towing service and, when in turn, shall have exclusive right to provide service as set forth in BPMC Section 1 00.230. C. Loss of Turn in Rotation. Whenever Franchisee cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, Franchisee shall be passed over and the next Official Police Tow Service on the rotation list will be called. Franchisee shall become eligible to provide service again only in its next turn in rotation. D. Exceptions. BPMC Section 100.230(D) provides for exceptions to the Rotation System, and such exceptions are incorporated herein. 17. NON- DISCRIM] NATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. 7 18. GROUNDS FOR CANCELLATION REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the chief of police, either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in BPMC Section 100.260. A. Notice and Contents of Notice. Franchisee shall be given five (5) days written notice to appear before the chief of police or his or her designee to show cause why the franchise should not be revoked, suspended, or canceled for any of the reasons set forth below. B. Basis for Action. This Franchise Agreement may be revoked, suspended, or canceled for any of the following reasons: (1) Franchisee fails to pay any City business license fees or other fees provided in the franchise agreement or by the Baldwin Park Municipal Code; or (2) Franchisee breaches any rules, regulations, or conditions set forth in this franchise agreement or the Baldwin Park Municipal Code; or (3) Franchisee, or any person having any ownership interest in that Official Police Tow Service or any employee of that Official Police Tow Service, violates any federal, state or local law, or (4) Franchisee fails to maintain a satisfactory level of service to the police or public; or (5) Franchisee fails to keep any tow vehicle in safe condition and good repair; or (6) Franchisee fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code; or (7) Franchisee deviates from the schedule of rates set forth in the Exhibit "A," or (8) Franchisee passes on a tow assignment more than four (4) times in any calendar month. "Passing" is defined as refusing, for any 8 reason, any tow assignment from the police department, including, without limitation, the towing of City vehicles at no charge; or (9) Franchisee fails to respond to requests for tow service by the police department within the response time established by Section 100.220; or (10) Franchisee commits fraud or deceit upon the City, including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to City requests for tow services; or (11) Franchisee commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services; or (12) Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or (13) Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or (14) Franchisee violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to its tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; or (15) Franchisee becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. 9 19. PROCEDURE FOR ACTION AGAINST FRANCHISEE Whenever the City determines that Franchisee has violated any applicable federal, state or local law, or has violated any provision of the franchise between the Official Police Tow Service and the City, the City shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the matter in accordance with the procedures set forth in BPMC Section 100.260. 20. LIQUIDATED DAMAGES A. Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period, Franchisee agrees to pay the City one hundred dollars ($100) each and every time that it fails to meet the maximum response time for any single request for tow service by the police department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. B. Hearing. Prior to the imposition of such liquidated damages against a particular Official Police Tow Service, that Official Police Tow Service shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with 100.260. 21. COMMUNICATIONS Any notice, demand, request, consent, approval, designation, or other communication which either party is required or desires to give or make or communicate to the other party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the follow addresses: 10 CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Chief of Police FRANCHISEE: Freddie Mac's Towing 2750 N. Bruin Avenue South El Monte, California 91733 Attention: Daniel P. Meister, President 22. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. 23. WAIVER Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 24. BINDING EFFECT This Franchise Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. 25. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESSETH WHEREOF, the parties hereto have caused this Franchise Agreement to be executed and effective the day and year first above written. 11 CITY OF BALDWIN PARK Chief Executive Officer Approved as to Form: ARNOLD ALVAREZ- GLASMAN CITY ATTORNEY FRANCHISEE By: Daniel P. Meister Its: President CAMy Documents\3PTOWSERV2.DOC 12 Date Date FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS FRANCHISE AGREEMENT FOR OFFICIAL POI -.ICE TOW SERVICES ( "Franchise Agreement "), made and entered into on , 2001 ( "Effective Date "), between the City of Baldwin Park, a public entity organized and existing under the State of California, hereinafter referred to as "City," and Royal Coaches Towing, hereinafter referred to as "Franchisee." 1. RECITALS A. The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B. The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, based on such determination, the City Council has selected the Franchisee to enter into this non - exclusive Franchise Agreement; and C. Franchisee has agreed to provide such official police tow services, subject to and in accordance with the terms and conditions set forth in this Franchise Agreement and in the regulations of Chapter 100 of the Baldwin Park Municipal Code ( "BPMC "). NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: 2. DEFINITIONS This definitions set forth in Section 100.020 of the Baldwin Park Municipal Code are incorporated by reference into this Franchise Agreement. Notwithstanding such definitions, additional terms may also be specifically defined herein. 3. GRANT OF FRANCHISE City hereby grants Franchisee the non - exclusive right to provide Official Police Tow Services in accordance with and pursuant to Chapter 100 of the Baldwin Park Municipal Code. 4. FRANCHISE FEE A. Fee amount. Franchisee shall pay the City a franchise fee in the amount of twenty five dollars ($25.00) per vehicle. The franchise fee shall be payable monthly to the City during the term of this Franchise Agreement. B. Exemptions. Substantially stripped and junked vehicles shall not be considered a "vehicle" under paragraph A of this section and, therefore, Franchisee is not required to pay the franchise fee for such vehicles. 5. FRANCHISE FEE REPORTS A. Annual income statement. Every Official Police Tow Service shall annually provide the City with an income statement of the Official Police Tow Service. Such statements shall be in such substance and format as may be approved by the Director of Finance or his/her designee. B. Monthly report. Each monthly franchise fee payment made by Franchisee to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement, signed under penalty of perjury by an officer of the Official Police Tow Service. As set forth more specifically in BPMC Section 100.086, the monthly report shall identify in detail the number of official police tow services performed, and shall set forth the basis for exempting any tow services from calculation of the monthly franchise fee payment, in accordance with the franchise agreement. 6. FRANCHISE TERM This Official Police Tow Service franchise is granted for a term of two (2) years from the effective date stated above. At the conclusion of the term, this Franchise Agreement shall terminate automatically and without any further action or notice by the City required. Nothing in this section shall prohibit the Franchise Agreement from being terminated prior to the end of the term, pursuant to BPMC Chapter 100. 7. UNIFORM TONY FEE RATES A. Fee Schedules. The uniform tow fee schedule is determined by using the average tow fee allowed by the California Highway Patrol (the "CHP ") for the Baldwin Park region for those Official Police Tow Services with contracts with the CHP. Said rates may be adjusted annually unless an adjustment to rates is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the chief of police or his or her designee. Franchisee may request an administrative hearing on any such dispute in accordance with BPMC Chapter 100. 8. BUSINESS LICENSE REQUIRED Franchisee agrees to have and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement. 9. TRANSFER OR ASSIGNMENT OF FRANCHISE A. Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted therein, without obtaining the prior, written consent of the City Council. Any request to transfer or assign the franchise must be in writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. Such request shall be processed and determined in accordance with BPMC Chapter 100. B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word "control" as used herein is not limited to a change in major stockholders or partners of the Franchisee, but also includes actual working control in whatever manner exercised. 3 C. Grounds for Revocation of Franchise. Any attempt to self, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an Official Police Tow Service franchise without the prior, written consent of the City Council shall be null and void and shall subject the Franchisee to cancellation, revocation or suspension of its franchise. 10. TOW TRUCK EQUIPMENT REQUIREMENTS A. Capabilities. Franchisee represents and agrees that it shall provide towing equipment capable of providing for the following services: (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at feast five (5) tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing in parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. B. Minimum Equipment Available. Franchisee shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one of the three (3) tow trucks in service must have a five (5) ton lifting capacity. C. Other Requirements. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPMC Chapter 100. 11. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPIVIC section 100.090 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions shall be grounds for cancellation, revocation, or suspension of the Franchise 4 Agreement. The terms and conditions established in BPMC Chapter 100 relate to the following areas: A. Request For Services B. Business Hours C. Signs Required D. Release or Availability of Vehicles E. Available On Demand F. Professional Attire G. Removal of Hazards H. Towing of City Vehicles I. Records and Offices Subject to Inspection J. Communications Requirements K. Vehicle Storage Facilities L. Official Storage Lot 12. RESPONSIBILITY FOR OWN ACTS Franchisee and its officers, employees and agents shall be responsible for their acts while performing duties as follows: (1) Franchisee participating in towing assignments by the police department shall be responsible for the acts of their employees while on duty. (2) Franchisee shall be responsible for damage to vehicles while in its possession caused by its active or passive negligence. (3) Franchisee shall be responsible for damage to persons or property caused by the active or passive negligence or willful 5 misconduct of its employees en route to or from a City request for tow services. (4) Franchisee and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to, all applicable provisions of the California Vehicle Code. 13. LIABILITY INSURANCE Franchisee shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City's Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise Agreement and proof of such public liability insurance shall be provided to the City on demand. 14. INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to its franchise with the City or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in prodding official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the Franchisee or its agents and employees. 15. RESPONSE TIME A. Average and Maximum Response Times. Franchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the police department, shall not exceed twenty -five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the police department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene. B. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the police department of this delay and the reason for the delay. 16. ROTATION SYSTEM A. Rotation Liss. Each Official Police Tow Service designated as an Official Police Tow Service, including Franchisee, shall be placed on a "rotation list" in an initial order to be determined by the police department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever an authorized police department employee requests the storage or impounding of a vehicle. B. Turns in Rotation. Each Official Police Tow Service shall be called, in turn according to the established rotation list, to respond to a police department request for towing service and, when in turn, shall have exclusive right to provide service as set forth in BPMC Section 100.230. C. Loss of Turn in Rotation. Whenever Franchisee cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, Franchisee shall be passed over and the next Official Police Tow Service on the rotation list will be called. Franchisee shall become eligible to provide service again only in its next turn in rotation. D. Exceptions. BPMC Section 100.230(D) provides for exceptions to the Rotation System, and such exceptions are incorporated herein. 17, NON - DISCRIMINATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. 18. GROUNDS FOR CANCELLATION REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the chief of police, either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in BPMC Section 100.260. A. Notice and Contents of Notice. Franchisee shall be given five (5) days written notice to appear before the chief of police or his or her designee to show cause why the franchise should not be revoked, suspended, or canceled for any of the reasons set forth below. B. Basis for Action. This Franchise Agreement may be revoked, suspended, or canceled for any of the following reasons: (1) Franchisee fails to pay any City business license fees or other fees provided in the franchise agreement or by the Baldwin Park Municipal Code; or (2) Franchisee breaches any rules, regulations, or conditions set forth in this franchise agreement or the Baldwin Park Municipal Code; or (3) Franchisee, or any person having any ownership interest in that Official Police Tow Service or any employee of that Official Police Tow Service, violates any federal, state or local law; or (4) Franchisee fails to maintain a satisfactory level of service to the police or public; or (5) Franchisee fails to keep any tow vehicle in safe condition and good repair; or (6) Franchisee fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code; or (7) Franchisee deviates from the schedule of rates set forth in the Exhibit "A;" or (8) Franchisee passes on a tow assignment more than four (4) times in any calendar month. "Passing" is defined as refusing, for any 8 reason, any tow assignment from the police department, including, without limitation, the towing of City vehicles at no charge; or (9) Franchisee fails to respond to requests for tow service by the police department within the response time established by Section 100.220; or (10) Franchisee commits fraud or deceit upon the City, including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to City requests for tow services; or (11) Franchisee commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services, or (12) Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or (13) Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or (14) Franchisee violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to its tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; or (15) Franchisee becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. 9 19. PROCEDURE FOR ACTION AGAINST FRANCHISEE Whenever the City determines that Franchisee has violated any applicable federal, state or local law, or has violated any provision of the franchise between the Official Police Tow Service and the City, the City shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the. matter in accordance with the procedures set forth in BPMC Section 100.260. . 20. LIQUIDATED DAMAGES A. Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period. Franchisee agrees to pay the City one hundred dollars ($100) each and every time that it fails to meet the maximum response time for any single request for tow service by the police department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. B. Hearing. Prior to the imposition of such liquidated damages against a particular Official Police Tow Service, that Official Police Tow Service shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with 100.260. 21. COMMUNICATIONS Any notice, demand, request, consent, approval, communication which either party is required or desir communicate to the other party shall be in writing a delivered or sent by registered or certified mail, postage requested, to the follow addresses: 10 designation, or other es to give or make or nd shall be personally prepaid, return receipt CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Chief of Police FRANCHISEE: Royal Coaches Towing 14827 Ramona Blvd. Baldwin Park, California 91706 Attention: William Salazar, Manager 22. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. 23. WAIVER Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 24. BINDING EFFECT This Franchise Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. 25. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESSETH WHEREOF, the parties hereto have caused this Franchise Agreement to be executed and effective the day and year first above written. 11 CITY OF BALDWIN PARK Chief Executive Officer Date Approved as to Form: ARNOLD ALVAREZ-GLASMAN CITY ATTORNEY FRANCHISEE By: Roberto Salazar Date Its: Owner C:\My Doc=ents\8PTOWSERV2.DOC 12 CITY COUNCIL AGENDA o JUN - 6 2001 CITY OF BALDWIN PARK STAFF REP ,T; No a m BALDWI N P • A • R - K TO: Mayor and City Council Members FROM: Dayle Keller, Chief Executive Officer "+V DATE: June 6, 2001 SUBJECT: Claim Rejections Jaime Martinez (00 020A); Eustolia Ureta (00 013A) This report requests that the City Council reject the claims filed against the City by claimants Jaime Martinez and Eustolia Ureta. BACKGROUND In order for the statute of limitations to begin on subject claim, it is necessary for the City Council to reject the claims by order of a motion and that the claimants be sent written notification of said action. RECOMMENDATION It is recommended that the City Council reject the above referenced claims and direct staff to send the appropriate notice of rejection to claimants. Report prepared by: Rosemary M. Ramirez, Deputy City Cleric 50 • U1, Y ' A ' K' K TO: FROM: DATE: SUBJECT: CITY COUNCIL AGENDA JUN - 6 2001 CITY OF BALDWIN PARK Mayor and Council Members Jose R. Sanchez, Finance Director June 6, 2401 STAFF REPORT MANDATED COST CLAIMING SERVICES — RECOMMENDATION The purpose of this report is to present to the City Council the proposal for Spring 2001 State Mandated Cost Claiming Services and Preparation of Increased Open Meetings Act Claims (S1390) provided by David Wellhouse & Associates, Inc. BACKGROUND: SB90 is the state legislation that allows cities to file claims for reimbursement of the City's costs of state - mandated programs. DISCUSSION: David Wellhouse and Associates have been providing this serviceto date. Their services have been very satisfactory. The current proposal from David Wellhouse is to prepare and file the City's 1997198,1998199, and1999/2000 Open Meeting Act Claims for a fixed rate of $3,000. RECOMMENDATION: It is recommended that the City Council approve the agreement with David Wellhouse, and authorize the Mayor to execute the agreement. David Wellhouse & Associates, Inc, Mr. Jose Sanchez Finance Director City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 May 3, 2001 Re: Proposal For ,Spring 2001 State Mandated Cost Claiming Services and Preparation of Increased Open Meetings Act Claims Dear Mr. Sanchez: The State Controller's Office issued Claiming Instructions for the preparation and re -filing of Open Meetings Act claims. The Commission on State Mandates approved changes to the Parameters & Guidelines (P &Gs) for this mandate that now give us three different methodologies in order to file Open Meetings Act claims. Local Agencies now have a choice of 1) keeping documented time records, 2) using a Standard Time methodology utilizing a blended productive hourly rate which includes salaries, benefits and indirect costs. This hourly rate would be applied to a preset unit time for each agenda item, 3) The use of a flat rate per meeting. The City has been utilizing Method 1 because this was the only method available to us at that time. The problem with keeping actual time records is that as hard as people try to include all persons involved at the correct amount of time, these tunes have had a tendency to be very low and have not included all persons involved. For example, a City Council meeting has many different departments involved with the preparation of the Council agenda. This may include the City Manager, City Attorney, department heads, and many other staff positions in which time may not have been documented and filed. By utilizing the various methods above, we now can increase the City's Open Meetings Act claims substantially. We can use any one of the three methods above for each board or commission in order to determine which method maximizes the City's claim. DWA's objective is to use the method for each board or commission that results in the highest reimbursable amount in order to fully maximize the City's claims. As far as documentation goes, all we will need are copies of all regular meeting agendas for fiscal years 1997/98, 1998199, and 1999/2000 so that we can determine which method is the most advantageous to the City. As an alternative to copying and sending all of the above agendas, the City could give us just the number of items per regular meeting agenda and the date of the meeting for the same fiscal years. This would exclude such items as "adjournment, "call -to- order ", "flag salute ", and "public comments ". DWA has included a form (see attached) to assist the person(s) gathering this information. Either way, copies of the agendas above must be kept for the next few years for audit purposes. Since time is short the data collection process should begin now and sent to us as soon as possible. The State Controller's Claiming Instruction provide the ability to refile the City's 1997/98, 1998199, and 1999/2000 Open Meeting Act claims. These new methodologies will not require a lot of time from the City 9175 Kiefer Boulevard, Suite 121 • Sacramento, California 95826 (916) 368 -9244 • FAX (916) 368 -5723 other than pulling agendas etc. These claims are due to the Controller's Office on or before June 5, 2001, so time is of the essence. In addition to the above claiming opportunity, DWA is in the process of preparing a proposal and agreement for five new mandated programs which include Law Enforcement Sexual Harassment Training, Health Benefits for Survivors of Peace Officers and Firefighters, Photographic Record of Evidence, Elder Abuse Training, and Animal Adoption (Hayden Bill). As we begin to claim reimbursable costs for these mandates, many more are awaiting their time before the Commission on State Mandates. These include Admin. Per Se, Sex Crime Confidentiality, Sex Offender Registration, and Crime Victims Domestic Violence Reports. This will be a extremely busy year for state mandated cost claiming and one which our efforts and the City's efforts will pay off in increased revenue for the City. Claims to be Filed David Wellhouse & Associates, Inc. will identify all reimbursable costs, prepare all claims on behalf of City of Baldwin Park and file those claims with the State Controller's Office and the Commission on State Mandates. Claims for the 1997 - 98,1998- 99,1999 -00 to be filed on or before June 5, 2001. Open Meetings Act - Chapter 541, Statutes of 1985 Costs of Services David Wellhouse & Associates, Inc. will prepare and file the City's 1997198, 1998/99, 1999100 actual Open Meetings Act claims for a fixed fee of $ 3,000.00. As always, our fee includes all time and expenses necessary to prepare and file the City's claims. This fixed fee will be due upon the submission of claims to the State Controller's Office on or before the deadline of June 5, 2001, as set forth in the State Controller's Claiming Instructions. Consulting fees for the preparation of all reimbursement claims to date have been fully reimbursed by the State Controller's Office through the Mandate Reimbursement claim. DWA shall include all applicable fees in the City's 2000101 actual Mandate Reimbursement claim which will be filed during the Fall 2001 claiming cycle on behalf of the City. This amount was already estimated in the City's 2000/2001 Mandate Reimbursement claim which the City received payment for in March 2001. In order for us to insure timely preparation and filing of the above claims, please sign and return one copy of the Agreement to me in Sacramento by May 11, 2001. Should there be a problem with the timing, please contact me so we can discuss it. We are also available to assist all persons gathering the requested information necessary for the preparation of these claims. Our main goal is to continue to provide the best claiming expertise available and maximizing the amount of the City's claims. If I can be of any additional assistance to you or if you have any questions, please contact me at (916) 368 -9244. Thank you for your past support and consideration of our proposal. We hope to continue to serve the City of Baldwin Park as a client for many years to come. Sinc , David Wel house President AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND DAVID WELLHOUSE & ASSOCIATES, INC. FOR PREPARATION AND FILING OF CLAIMS FOR STATE MANDATED COST REIMBURSEMENT This agreement is made by and between the CITY OF BALDWIN PARK, a municipality of the State of California, hereinafter referred to as "CITY ", and DAVID WELLHOUSE & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT ". Whereas, CITY desires to engage the services of a consultant to prepare and file claims for State Mandated Cost Reimbursement, and CONSULTANT has been selected to perform said services, now, therefore, it is agreed by CITY and CONSULTANT as follows: 1. Claims To Be Filed. CONSULTANT shall prepare and file with the State Controller's Office on behalf of CITY the following state mandated cost (SB 90) claims during the 2000 -2001 fiscal year. Open Meetings Act - Fiscal Years 1997/98,1998/99, and 1999/2000 to be filed on or before June 5, 2001, as required by the State Controller's Claiming Instructions. Preparation of new Open Meetings Act claims using newly adopted methodologies- approved by the Commission on State Mandates for fiscal years 1997198, 1998/99, and 199912000. Open Meetings Act - Chapter 641, Statutes of 1986 CITY acknowledges that CONSULTANT does`not warrant that claims will be filed for all of the mandates listed in this Section 1. The claims and services described in this Section 1 shall hereinafter be referred to as "PROJECT ". CONSULTANT hereby designates David Wellhouse, or other delegated representative, to be sole contact and agent in all consultations with CITY during the performance of services as stated in PROJECT. 2. Time For Performance. CONSULTANT shall file all claims in accordance with the State Controller's claim filing deadline contained in the applicable Controller Claiming Instructions. 3. Compensation. CITY agrees to pay CONSULTANT a fixed fee in the amount of $ 3,000.00 for services provided under Section 1. of PROJECT, upon receipt of CONSULTANT'S invoice, after submission of claims as required by the State Controller's Claiming Instructions 4. Method Of Payment CITY agrees to pay said fixed fee for services provided under Section 1 of PROJECT upon receipt of CONSULTANT'S invoice, after submission of claims as required by the State Controller's Claiming Instructions. City further agrees to pay CONSULTANT'S invoice within fifteen (15) days of receipt. 5. QUY Assistance. CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this agreement. CITY shall provide CONSULTANT with requested information in a timely manner, pursuant to PROJECT. CITY represents and warrants that all financial documents and other information provided are accurate and correct. CONSULTANT shall not be liable for claims that are not filed or incorrectly filed due to inaccurate or untimely data. 6. Disposition Of Documents. CONSULTANT shall furnish to CITY copies of all claims filed with the State within 30 days after filing. CONSULTANT shall, upon written request, make copies of work papers available to CITY. CITY acknowledges that all such workpapers are the property of CONSULTANT, and may not be disclosed to any third party, provided however that such workpapers may be disclosed to appropriate governmental authorities for audit purposes. CONSULTANT shall be entitled to retain copies of all data prepared. 7. Not Obli aced To Third Parties. • CITY shall not be obligated or liable hereunder to any party other than CONSULTANT. 8. Insurance. CONSULTANT shall carry, maintain and keep in full force and effect, a policy of comprehensive general liability and automotive liability insurance in an amount not less than $1,000,000 aggregate applying to bodily injury, personal injury, and property. damage. 9. Independent Contractor. CONSULTANT is, and shall be, acting at all times in the performance of this agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for, any and all payments of taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees. 10. Consultant Assistance If Audited. Upon notice of audit, CONSULTANT shall make available to CITY and state auditors claim file information, and provide assistance to CITY in defending claims submitted. 11. Consultant Liab!W If Audited All work required hereunder shall be performed in a good and workmanlike manner. Any disallowance of claims by the State Controller's Office or other state agencies is the responsibility of CITY. 12. Indirect Costs. CONSULTANT shall make every effort to prepare departmental Indirect Cost Rate Proposals for claims submitted, provided CITY financial information and departmental costs support such rates. CONSULTANT may utilize the ten percent (10 %) indirect cost rate allowed by the State Controller if financial information and departmental costs do not support a higher rate. 13. Termination Of Agreement. CITY may terminate CONSULTANT'S services hereunder with cause, whether or not services under PROJECT are fully complete. CITY shall do so by giving written notice to CONSULTANT, specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 14. Return of Signed Agreement. CONSULTANT shall be under no obligation to prepare and file claims under Section 1 unless the executed Agreement is received by CONSULTANT by May 11. 2001. CONSULTANT may extend this deadline on a case by case basis. These claims are due on or before June 5, 2001, so please return this Agreement or call as soon as possible. 15. Entire W. The foregoing set forth the entire Agreement between the parties. CONSULTANT: DAVID WE & ASSOCIATES, INC., a Califo h c r ra ion By: Date: May 2, 2001 David E. Wellhouse President CITY: CITY OF BALDWIN PARK, a municipality of the State of California By: Name: Title: Date. 1 >� II BALDWINN P A, R, K CITY OF BALDWIN PARK TO. MAYOR AND COUNCIL MEMBERS FROM: JOSE R. SANCHEZ, FINANCE DIRECTOR DATE: JUNE 6, .2001 U1 I Y UUMIL AULNUA JUN - S 2001 STAFdTAW ►� -I-� SUBJECT: AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNINCATIONS, INCORPORATED PURPOSE: Purpose of this report is to request City Council approval to enter into an agreement with Enviro Communications, Incorporated for services to represent the City of Baldwin Park's best interest at the federal, state and regional levels for grant funding purposes. BACKGROUND: In the past, the City has always been active in applying for government- funded grants and loans to maintain and improve its infrastructure and community based services in orderto continue to provide a quality standard of life to the Baldwin Park community. More recently, in view of the city's financial constraints, the City has taken a more assertive approach in seeking out and researching the various grants available for the funding of local agencies capital needs and public services by federal, state and county agencies. In March 2001, the Chief Executive Officer and the Executive Team invited Mr. Robert M. Levy, President/CEO of Enviro Communications, Inc. to meet to discuss his services in assisting the city to seek out, apply for, and represent the city in obtaining grant funding and other government aid from the various government agencies. Mr. Levy currently represents over eighteen (18) cities in the Southern Californiaand San Gabriel Valley area and a number of law enforcement agencies and other public sector entities. Mr. Levy has been highly successful in assisting the various cities in receiving grants for capital improvements, transportation, technology and other community needs. QUALIFICATIONS: Mr. Levy has submitted a statement of qualifications describing his experience, involvement, affiliations and accomplishments with various government agencies. Mr. Levy is a Board Member of the California Workforce Investment Board, State of California A list of entities he has represented, both past and present, in the public sector, school districts, associations and the private sector is attached for review and information AGREEMENT: Mr. Robert M. Levy, representing Enviro Communications, Inc., has proposed a retainer -based fee of $2,000 per month and a one -year agreement. The agreement proposes a sixty -day (60) notice provision that allows either party to terminate the agreement during the one -year period. A sample of the agreement is attached to this report for the city council's review and further information. RECOMMENDATION: It is recommended that the City Council approve a one -year agreement with Enviro Communications, Inc. as proposed, and authorize the Mayor to execute the agreement, subsequent to review and approval by the City Attorney as to form and content. STATE OF CALIFORNIA California Workforce Investment Board Robert M. Levy Board Member 15 North 5tonington Laguna Seach, CA 92657 (949) 499 -9273 (949) 2 03 -8563 FAX rmlevy47@msn.cgrn Robert M. Levy Enviro Communications, Inc. 949- 499 -9273 P.O. Box 741 Fax: 949- 203 -8563 Corona Del Mar, CA 92625 -0741 E-mail: rmlevy479rnsn.eom ROBERT M. LEVY Mr. Levy is an appointee of Governor Gray Davis to the State Workforce Investment Board. He has had the honor of serving as Chairperson for hearings throughout the State. He was also recently appointed by the Governor to Chair the committee overseeing local issues and youth programs. The State Workforce Investment Board oversees $600 million dollars in funds and has influence over another $6 billion dollars in funds. Mr. Levy served as a consultant to Secretary Mineta, Secretary of Commerce under President Clinton and will serve as a consultant to the Secretary of Transportation under President Bush. Robert M. Levy has been in the governmental relations business for over 38 years. He has worked for the Los Angeles City Council, the Los Angeles Board of Supervisors, the San Bernardino County Board of Supervisors, the California State Assembly and the United States Senate. Mr. Levy has also served as the Chief Consultant to the Chairman of the Board of Governors for the South Coast Air Quality Management District. In addition, Mr. Levy has served on various State committees including the CEQA Streamlining Committee, the State Water Quality Committee and sub - committees for the California Air Resource Board. He has worked for the United States House of Representatives and the United States Senate. In the United States Senate, Mr. Levy worked with Senator John Seymour ( R ). In the House of Representatives he worked with Congressman Teague ( R ). Mr. Levy also did advance work for Vice President Quayle. Mr. Levy was Deputy Chief of Staff to the State Assembly .leadership in 1994 and 1995 under the leadership of Republican Leader James Brulte. Mr. Levy was responsible for overseeing issues related to the telecommunications, environment, economic development, and transportation and public safety. He was involved in the implementation of the first Red Team in California. Mr. Levy also works closely with the California Police Chiefs' Association, the United States Marshal's Service and local law enforcement agencies. Robert Levy has processed over $100 million dollars in permits and entitlements. He has also been successful in obtaining over $100 million dollars in government grants for local communities. The grants have been for education, transportation and public safety. Robert Levy was responsible for overseeing the cable franchise operation in the United States for two companies. Success was achieved in over 300 communities within 12 states. Mr. Levy was involved in all aspects in the cable television industry, government relations, operations and management. He has also advised cities that he represents on issues related to cable television. Mr. Levy also coordinated the governmental and community outreach throughout California and Washington D.C. for a waste management company and two telecommunications companies. Mr. Levy has been honored by the Los Angeles Board of Supervisors, the San Bernardino County Board of Supervisors, the United States House of Representatives and most recently by the California State Legislature. Mr. Levy is currently President of EnviroCommunications , Incorporated. EnviroCommunications serves clients in the areas of economic development, governmental relations and in both public and private sector funding opportunities. Through the use of bond money from Wall Street, Mr. Levy has raised in excess of $ 100 million dollars in private placement monies. The Company has represented some of the largest entities in the world including Westinghouse, Burlington Northern, Pacific Pipeline ,Southern California Edison and Falcon Cable Television. EnviroCommunications has or does represent companies in the environmental industry, scrapping industry, healthcare, telecommunications, transportation and numerous other areas. Mr. Levy also represents cities throughout California including the California City Management Foundation and the Independent Cities Association. EnviroCommunications, Inc. represents clients in California, Nevada and Arizona, and has also done work in New York and New Jersey. On the international side Mr. Levy has worked with companies in the Philippines and Belgium. www.enviro- comm.com F_,nviroCommunications, Incorporated 2723 Fifth Avenue Corona Del Mar, California 92625 949- 640 -6649 Fax 949 -640 -0589 List of Business Entities Represented - Past and Present Public Sector Local Government Agencies: California State Polytechnic University, Pomona Metropolitan Water District of Southern California City of Covina City of Monrovia City of Arcadia City of Bradbury City of Duarte City of Claremont City of San Francisco City of Pomona City of Vernon City of Hermosa Beach City of Rochester, New York City of Manhattan Beach City of Hawthrone City of Alhambra City of El Segundo City of Santa Clarita City of Montebello City of Pasadena Independent Cities Associations (42 cities) Cities with auto dealers on lease tax issue Cities with business relations with the Los Angeles County Library Cities throughout California on increase sales tax (90% of all cities) Tri -City Mental_ Health Joint Powers Authority Orange County Sheriff's Department Los Angeles County Sheriff's Department Alhambra Police Department Arcadia Polilce Department Baldwin Park Police Department Bell Police Department Bell Gardens Police Department Beverly Hills Police Department Burbank Police Depa moment Claremont Police Department Compton Police Department Covina Police Department Culver City Police Department Downey Police Department El Monte Police Department FnviroCo_mmunicati.ons3 ncorporated 2723 Fiftb Avenue Corona Del Mar, California 92625 949 -640 -6649 Fax 949- 640 -0589 El Segundo Police Department Gardena Police Department Glendora Police Department Glendale PohWe Depal Lliteilt Hawthorne Police Department Hermosa Beach Police Department Huntington .Park. Police Department Inglewood Police Department Irwindale Police Department La Verne Police Department Long Beach Police Department Los Angeles Police Department Manhattan Beach Police Department Maywood Police Department Monrovia Pollice Department Montebello Police Department Monterrey Parr Police Department Palos Verdes Estates Police Department Pasadena Police Department Pomona Police Department Redondo Beach Police Department San Fernandlo Police Department San Gabriel Police Department San Marino Polio Department ,�antn Monica Police Department r Sierra Madre Police Department Signal Hill Police Department South Gate Police Department South Pasadena Police Department Torrence Police Department Vernon Police Department West Covina Police Department Whittier Police Department Alameda County Riverside County Sari Bernardino County Orange County Ventura County Los Angeles County San Diego County Contracosta County Santa Clara County Fresno County Merced County San Joaquin County EnviroC;ommunications, Incorporated 2723 Fifth Avenue Corona Del. Mar, California 92625 949 -640 -6649 Fax 949 -640 -0589 School Districts Claremont Azusa Charter vale Glendora Pomona Walnut Covina Valley Riverside Hacienda/La :Puente School District Associations California City Management Foundation San Gabriel Valley Council of Governments Association of Cities on legislative effort on lease sales tax Association of Cities on library N -1 Q Association of Cities on sales tax issues Association of school districts on class -size reduction Inland Empire Health Plan Los Angeles County Police Chiefs Association Los Angeles Area Chamber of Commerce South Bay Council of Governments _H_IDA( federal law enforcement) Independent Cities Association Private Sector Westinghouse Corporation Southern California Edison Western Carwash Association California Carwash Association Pacific Pipeline Systems Inland Auto Dismantlers Southern California Auto Dismantlers L.A. Liquidators United Auctioneers Greenfield Environmental Corporation Al Levinson Estate California League of Cities American Motorcyt le ^ s�ociation, District 3 , California Motorcycle Retail Association San Gabriel Valley Transit Authority American Lung Association Hospital Association Mine Reclamation EnviroCommunications, Incorporated 2723 Fifth Avenue Corona Del Mar, California 42625 949. 640 -6649 Fax 949- 640 -0589 Walnut Land Company Regenises Perris Raceway Doctors Hospital of Norwalk Doctors Hospital of Perris Tower Health Standard Pacific Diamond Club West Coast Incorporated Indian Diamond & Colorstone Association USA Inc. California Wholesale Jewelers Association Firestone Tires Association of American Railroads Burger King BKK Corporation Greenfield Corporation California Restaurant Association Federal Paper Board Company General Electric Transportation Company IBM Latham and Watkins Lombard Investments Mission Energy Pillsbury Madison & Sutro Simpson Paper Company Southern Pacific Transportation Company Synthane- Taylor Corporation Manhattan Medical Clinics Pick -N -Pull Auto Dismantlers Texaco Mobil Chevron Unocal Schlumberger L.A. IMPACT(western US law enforcement) L.A. Clearinghouse (western US law enforcement) Cohen Medical Group CHG Industries Timely Technology Square -H Brands, Incorporated City of Angels Medical Center Holman Group Metropolitan Water District of Southern California White Memorial Medical Center Charitable Foundation Titan Industries SureBeam HYK- 1�- �1�k71 15:51 FROM: LEVY 19496gOOt5S5 From. Robert M. Levy Fax: 949 -203 -2563 Phone: 949-499-9273 TO:916269622625 P:1 -,1O r aesimile Cover Sheet To: Company.. Fax. Number: Phone 'Number: natc: Timet Jose R. Sanehez City of Baldwin Park 626 962 2625 626 960 401 1 X110 April 12, 2401 4 :45 p.m, Pages sent, including than page, 10 Re: Sample Contmet Here's the sampic you requestcd. Man advise. If you do not receive all pages, please call (949) 499 -9273. The inffarmataon cOntaincd ill this facsimile is confidential and may also be priviloged. The infortnation is inwended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient} you are hereby notified that any usc, dissemination, distribution or copying, of this communication is sbicOy prohibited. If y�tu 1 1µv4 c�.�i vc..i tl�c fa�aio��ila iri �r'rrir, p1�a�� {ntrrsod;Q�a1y r,uii'fij ue 3sy taiu�xhr,.,m �Y►d rerl�rn the nri�inul m�a¢np� to us at they address below via U.S. postal seMce. Thank you. P.O. Box 741, Corona Orel Mee, CA 92625-0741 1t5:b1 FROM:LEVY 15g66g2o58E T0:91626666E665 P:6f10 .5 $4 fA T7 1IE AGREEMENT FOR L03BYjNG SERWES THIS AGREEMENT FOR LOBBYING SERVICES, hereinafter referred to as "AGREEMENT" is made and entered into on this day c-f---------, 2000, by and between the , hereinafter referred to as "CITY" and ENV RQ COMMLTNIC'ATIONS, INCORPORATED, a California Corporatio , hereinafter referred to as "ENVTRO," collectively referred to herein as the parties. RECITALS WHEREAS, Enviro Communications, Inc. is certified by the State of Caiifomia as a registered lobbying firm and has been successful in representing cities at federal and state levels; WHEREAS, the CITY desires to oontixtae its retention of Enviro Commmlicaitions, Inc. to provide lobbying services, on federal, state and regional levels; and WHEREAS, the CITY will benefit frow direct representation of its interests at federal, state and regional levels through lobbying serviecs .provided by Enviro Communications, Inc. VOV , THEREFORE, the Parties agree as follows: I. DESCRIPTION OF SERVICE ENVIRO shall represent the interests of the CITY before goverranent agencies as described in detail in the "Scope of Services," attached hereto as Aitta6hrr�ent "A ", and. by reference made a part hereof. II. INDEPENDENT CONTRACTOR ENVIRO is an independent contractor. As such, ENVIRO shall bane no power or authority to incur any debt, obligation or liability on behalf of the CITY. Further, ENVIRO is not entitled to any bei101t typically associated with an employee such as medical, sick leave or vacation benefit. III. COM RNSA.TION ENVIRO shall be compensated for services rendered in accordance sxith the terms and APR -12 -2001 15:52 FROM:LEUY 19496400589 IV. u TO:916269622625 P:3/10 conditions specifieWly described in Scope of Services, Section V "Compensation for Service," attached hereto as Attachment "A," and by refere -nee trade a part hereof. Any and all "Hourly" and "S upplernen tal Cpsts," as described in Attachment "A" small receive prior wrirten approval by the City Ma-n er for not -to- exceed amount per specified project. TERM This Agreement shall retain try effect for twelve (12) months from date of execution, Bath Parties agree that either Party may tenninate this Agreement at any time by servicing written notice on the other Party sixty (60) days pries to the effective date of such termination. In the event of termination, CITE' shall pay ENV1RO such cowpensafibrt h� provided in the Agreement up to the time Notice ofTMUlation is effective. REPRESENTATWES OF THE PA TIES AND SERVICE OF NOTICE A. The principal representative of the CITY shall be: E. The priucipal representative of'EIVVIRO shall he: Robert M. Levy Enviro Communications, Incorporated P.O. Box 741 w Corona Del Mar, California 92625 -0 741 (.949) 499 -9273 C. Formal notices, demands and communications to be given hereunder by either Party small be maAe in vrxiting and may be effected by personal delivery or by mail. VI. WDEMNIFICATION AND 14OLD HARMLESS ENVIRG expressly abet to indemnify, protect, defend and held harness CITY and its officers, agencies and employees from and agaist any and all rights, claims, charges, demands, liabilities, damages, costs, fees, expenses, judgments, actions or .lasses of any kind or nature whatsoever which may be sustained or suffered by or secured a8ainst CITY and its officers, agencies and employees arising out of or related in any way IT 11 1L 4..C.JLr71 1J•,}C: rnUM -LtVY 199969P.7 SB3 T0:91G2S9E22E 5 P:4/10 whatsoever to the services rendered in this contract that is caul by a rortuous or negligent act or omission or willful misconduct ofENVIRO, its officers, agents or employces. ENVIRO AND CITY agree that if any party brings an action or proceeding to enforce the terms hereof or declares rights hereunder, the prevailing party in such proceeding, action or appeal thereon, shaft 1w entitled to reasonable attorney's fees and coart costs. VT1. ASSIGNMENT AND SUBCONTRACf'IN0 EIVI: O shall not assign or subcontract the rights or responsibilities udder this Agreement without the express, vaTitten consent of the CITY, which may be withlield for y reason or for no reason, `III. WORK PRODUCT f REPORTS Any and all. document, reports, materials and any other work prodact prepared or developed by EWRO under this Agreement, whether oormplate or not, are the property of the CITY and shall be turned over to the CITY promptly at the C €TY's request or upon tennination of the AWeewmt, whichever occurs first. The CJXY shall designate in writing, all information it believes to be confidential. ENVIRO shall protect such irnfon- natl*n as it would protect its oven proprietary information. Imo, 1~ ACT.C.MES AND EQUIPMENT IUNVIRO shall, at its sole cost and expense, furnish all faoilities and equipment which may be required for ftunishing services pur3uant to the Ageement. X. CNKTRANCE A. f' - Dutgng the term of this A.greemer►t, 'ENViR.O shall maintain a Professional Liability Insurance policy in, the amount offnot Icss titan one ruillion dollars ($1,000,000). B. - ENVIRO ,shall procure and keep in t brcc for the length of time speoiticd in the following; sections, at ENVIRO's own cast and expense, time following policies of insmance or certificates or binders as necessary to represent that coverage in place with companies doing business in C Wifernia and w icb are acceptable to CITY, ENVIRO shah provide CITY with copies of all insurance policies. ENVIRO shall, pending acceptance of i tsura ce, supply and furnish CITY with information showing such insurance policies are in force with the RPR -12 -2001 1.5.52 FRON:L2VY 19496400599 111111 "11" ... ................TO:916269622625 P:5�10" written understanding of each insurer to give the CITY thirty (30) days prior written notice of cancellation. termination or material change of sash insurance coverago. The .insurance shall at a minimum include: I . Workers' Compensation insurance, as required by laws of the Mate of Cahfornia during the terra of this Agreement. Et+ VIRG certifies that it is aware of the provisions of Section 3700 of the California Labor Cade wbioh requires every employer to be insured against liability for Workers' Compensation or to undertake; self-insurance in accordarnce, with the provision of that Cade. ENViR0 shall comply vAth the provisions of Section. 3 700 of the Labor Code bef=ore commencing the perfor nance of the work under this Agreement. 2. Cwrira ereial Ocitca Liability insurwico, irneludine, lout not lindwd 40, Personal Injury, Broad pots Pnperty 1)a.mage, Cotlmmal (as needed), Produce and Completed Operations or Owners and Consultants Protective Liability. The policy shall contains a severability of interest clause or cross liability clause or the equivalent thereof. The policy shall be endorsed to include the CITY as additiopal insilred. a. Autotlnolnile Liability insurance, baoluding all owned, lion -owned a7id hueu automobiles with the fallowing minimum Bodily Injury and properly Damage - S 1,000,000 Combined 6ingle Limit. The policy shalt be endorsed to include the CITY as additionally insured, in respect to the use of awned, non - owned and hired automobiles by the CITY, its officers, employees and agents in the nerformance oftliis Agreement. Acceptar,Cc of iusuran c certificates curd cndurs4l' c nts rcquirc,.1, under this Agreemen dads not relieve ENVIRO from liability under the "indemnification and Hold Harmless" section of this Agreement. one %ndenmificatiorn and Hold Harmless clause shall apply whether or not such insurance policies shall have been detcnafmed applicable to any suob damages or claims for damages. X1. RESOLUTION OF DISPUTES A. Disputes regarding the interpretation or application of any provisions of the Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. B. If any action, at law or in equity, is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney-e fwYs, casts and neees=�7 disbursements, in addition to such other cfeliefas may be sought and awarded. RPR -12 -2001 15:53 FROM:LEUY 1.9496400589 ,Xil. SEVEEABI.iITY TO:916269622625 F:6/10 Tf any provision ref this Agmement is h c I d by a court of competent jurisdiction to be �^ id, ; oi-I c—r thtw remaining provisions nevertheless will continuc fn- full farce and effect without being impaired or invali&ted in any way. XIIZ, CiOVERNINO LACY TMs Agreement shall be governed by and enforced in accordance with the taws of the State of California. XM EN= AGREEMENT This Agrecmem, together with Attachment "A ". Scope of Services, supersedes any and all other agreements, either oral or written, between the parties with. respect to the subject matter herein. Each party to this Agreement acknowledges that any representation, statement or promise by any party which is not contained in this Agreement shall not be valid or binding. Any modification of this A anent shall tie, effeotive only if w.ri-tten and signed by the Parties. (END OF `tTEKI*. SIGNAT URE RAGE TO YOL 1 .)W) 4 AFR -12 -2001 15:53 FROM:LEUY 19496400589 TO:916269622625 P:T'10 ATTACHWNT "A" SCOPE OF SERVJCES 1. 'LEGISLATIVE TRACKING ENVIRO shall monitor the introduction of bills and aixitendwet)ts filed in the �` 1� i 4,. [� tz*q �p eTi�1" TSr �i lr•€.1 nt Mr as•� rt �.L.. u C£.`Nfor ic- .1rutc -d stat .yam . acrw�.r it F SF €.xt `c�iu��' r {}�.�.4.��jl�y IA.xr�d Mi x t. uniquely impact the CITY and its dated Agencies. e.g.. Redevelopment Agency, Housing Authority and Economic Developmcui Department. Whencver possible, EWVTRO shall advise the CITY prier to introduction of any such legislation and provide timely reports on the scheduling of proposed action can bills so that the CITY may tare a proactive approach to address the CITY }s needs, 11. Fi`TND1 NG OPPORTUNITIES ENVIRO shall identify and seek out potential funding opportunities through grants, leans and other sources available, at federal, state and regional levels, including public and private sectors. At the request Of the CITY, FNV IRO may he afzked tea write a Proposal and facilitate the funding process. i Ifl, C ONTENT ANALYSIS Upon request, ENVIRO shall provide an analysis of the political viability and content of legislation or regulation. Such information shall be sufficient as to enable the CTIT to make informative, and timely deeisiom; regarding the effect such legislation may have upon. the CITY *jndlor its Agencies. IV, LORRYING The CITY may request F- NVIR.0 to engage in meetings with members of the CI'I Y's admirdstration, government legislatures acrd otbe`s in order to make direct representation of the GITY's.interests. The CITY may se.-k assist€ancc :Gmm� EN,IVIRO in array g-i meetings 11em,=xa CITY officials and legislators, each assistance may inChide plane -ng and arranging of facilities APR -12 -2201 15:54FRON:L W 19496400589 TO:SIS2 696X2625 2,,,,,,,,,,,,,,,,,,, ,,,,P:Br"'.,,,,,,,. 10 for such activities. In providing the above s1 NT erviocs, E fRO shall provide advocacy support with, including Vut -1110t ii�;+^A to the l ) Governor "& Office 2) State Le islamre 3) County Board of Supervisors 4) South Coast Air Quality Management District (SCAQMI)) 5) Public Utilitios Con=ission ) Southerh California. Association of Crav nn- ir_ents (SCA.G) 7) Metropolitan Transportation Authority (MTA) 8) State OrEc o ui uwtgenq Services (GES) 9) Federal Etne rgency Management Agency (FEMA) t 0) Department of Transportation 11) Ecanornic Development Administration (EDA) 12) Office of Economic ,Adjustment (OEA) 13) State O icy' of Trade and Commerce 14) U.S. Department of Housing and Urbau Development (HUD) V. COMPENSATION FOR StRWCES Retainer per month shall be � and will include the following services: A, Le isjative„Trgeking 1. All scrviccs rclated to logislativi: aAld 4 c idcniffication, analysis and tra.oking of legislative measures affecting the CITY, 2. All standard written conmiunications prepared on behalf of the CITY; and 3, All oral co mmunicad ons with or on behalfofthe CffY related. to legislative identification, analysis and tracking. i If f ► �� 1 r Identification of potential fu -riding sources for grants, loans and other available sources of f'tmds at. federal., state and regional levels, including public and privaw sector opportunities. !,,lot :nduki-L Upon requt st by Ehe CiT , ENVIRO will wrife proposals and facilitate the proposal process. The cost will be evaluated per task., not on the APR-- 18 --28 01 15:54 PRBM:L,BUY 19496420589 TO: 9 P:9 16269622625 J,..,....,. 12 amount of the funding, and will receive written approval by the City Manager, p-Hor to andertaking such task, Upon request by the CITY, ENVIRO will provide analysis of polirical viability and content of legislation or regulations. Such analysis shall provide the CITY with timely and sufficient information to enable the CTTY to make proactive decisions ati to impact ti) the OTY, the Redevelopment Agency, Dousing Authority and Economic Development Department. Includes introduction and educations of the issues to key legislators. Nc }UrIc uded: Significant lobbying efforts relative to particular issues. In the event such efforts are requested by the CITY, ENVIRO shall submit a, cost estimate befem underta -Ung a project and repeive prior wri mn approval 'by the City manager. • i 4ssed on the scope of work regtacsted, ENVIRO will provide a not -tea- exceed quotation on supplemental services, which shall be alrlaraved by the City Manager Print 10 hcginning a Project, 1.1Ctiiirly rate4 aTe as fcIllnws; Principals $175.00 per hoar Assisuint Associates 590.00 per liour Associ ates $1 40.00 per hour clerical $25.00 per hour Examples of Supplement Services: Direct advocacy services„ including sebeduling, arranging and pm- ticipating ira meetings between CITY officials and state officers; 2. Presentations made before legislative bodies, and 3. Neparation of oral testimony by CITE' ofl.icials before legislative bodies, F. Travel and Cams 1. `ir-aVCl taut&; ,,, fflaw T os Angeles area shall be rcinibursecl to ENVIRO at its Cost. .............. ....... ..................... ?PR-12-2001 15:54 FROM:LEUY 19496400599 TD:916269622625 P:10/10 TN w"[''[ WHEREOF, tho Parties hereto have caused this Agreement to be executed and attested by their duly authorized and respective officers. (E-Flectivc Date) CITY OF ("CITY'") Date NPPROVED AS TO FORM ENVIRO COMMIC NICATIONN'S, INC, C'RN'rvao-) Robert M. Levy PrCS1'd--nVCE0 b� w ra I I�WA 'TUN 06, ZVOI Item No. ispi 0 is not available SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 STATE OF CALIFORNIA County of Los Angeles topace velow Tor use oT vvt#1Ety tslerK ofliy! (2015.5 C.C.P.) I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit., 6/13/01 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this _ , 3 day Qf 4X9 , 20 01 sign 24 Proof of Publication of E SAN GABRIEL VALLEY NEWSPAPER GROUP San Gabriel Valley Tribune f Pasadena Star -News I Whittier Daily News Hightander Newspaper 1210 N. Azusa Canyon Road, West Covina, CA 91790 626 -962 -8811 Fax 626 -962 -1802 LEGAL AD SCHEDULE CITY OF BALDWIN PARK 14405 E. PACIFIC AVE I BALDWIN PARK CA 91706 ACCOUNT NO: 1L9604011 DA'T'E ORDERED: 06/07/01 PAGE: 1 AD # ________________________________________m________--____-______m_-_____m__-_______-___------ STT? R`T' STOP DESC TIMES COL SIZE CHARGE NOTES PUB D9266 06/13/01 06/13/01 CITY OF 1 2 .231 70.20 FIRST RUIN DT PRINCIPAL CLERK (5811) 1 �; CITY COUNCIL AGENDA BALDWIN CITY OF BALDWIN PARK JUN - 6 2001 STAFF REPORT ITEM N0. TO: Mayor and City Council FROM: Kara Bouton, Assistant to the CEO/ DATE: June 6, 2001 SUBJECT: Approval of the Renewal of the General Services Agreement with Los Angeles County PURPOSE: The purpose of this report is to approve the renewal of the general services agreement with Los Angeles County. BACKGROUND AND DISCUSSION: In 1996, the City of Baldwin Park renewed the General Services agreement with Los Angeles County for a term of five years. That renewal expires on June 30, 2001 and the County is requesting that the City again renew the agreement for a five -year period. If renewed, the General Services agreement will be in effect from July 1, 2001 through June 30, 2006. The general services agreement allows the County to provide general services to the City on an as needed basis. These services include predatory animal control, prosecution of city ordinances, direct assessment collection services and public works activities as needed. The fees for such services are determined in writing before work commences. FISCAL IMPACT: There are no direct costs associated with the execution of this agreement. However, should the City choose to use County services there will be a fee associated with those services. RECOMMENDATION: It is recommended that the City Council approve the renewal of the General Services Agreement with the County of Los Angeles. BALDWIN P A,R.,K Kathryn V. Tizcareno City Clerk TRANSMITTAL Date: September 11, 2001 To: Chris Goodman Chief Administrative Office 723 Kenneth Hahn Hall of Admin. 500 West Temple Street Los Angeles, Ca 90012 Subject: General Services Agreement Comments: At their meeting held June 6, 2001, the City Council of the City of Baldwin Park approved a General Services Agreement with the County of Los Angeles. Enclosed: 3 signed original Agreements and a copy of the approved minutes of the City Council meeting held June 6, 2001. A�5 PLEASE SIGN AND RETURN ONE ORIGINAL TO OUR OFFICE FOR OFFICIAL FILING. Sent Via: U.S. Mail From: Rosemary M. Ramirez, CMC Chief Deputy City Clerk cc: Chief Executive Officer Keller Assistant to the Chief Executive Officer Bouton ITYOF M1I)WH PARK-14403 FAST PAC IFIC AV[ NUE'P)ALDWIN PARK,CA')1700'(626)960 -4011. EXT.1084AX(626)962-2625 GENERAL SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, Ii is made by and between the County of Los Angeles, hereinafter referred to as the "County ", and the City of Baldwin Park, hereinafter referred to as the "City." RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56'/2 of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. The County agrees, through its officers and employees, to perform those City functions which are hereinafter provided for. 2. The City shall pay for such services as are provided under this agreement at rates to be determined by the County Auditor - Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor - Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County. 1 of 6 3. No County officer or department shall perform for said City any function not coming within the scope of the duties of such officer or department in performing services for the County. 4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 6. Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense. It is expressly understood that in the event a local administrative office is maintained in the City for any such County officer or department, such quarters may be used by the County officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 2 of 6 7. All persons employed in the performance of such services and functions for the City shall be County employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County officer and employee engaged in performing any such service or function shall be deemed to be an officer or employee of said City while performing service for the City within the scope of this agreement. 8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1 977 and /or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as of set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 3 of 6 10. Each County officer or department performing any service for the City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to insure payment for work, services or materials provided hereunder. 12. The County shall .render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed. 13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including interest thiereon, from any funds of any such City on deposit with the County 4of6 without giving furthec notice to said City of County's intention to do so. 14. This contract shall become effective on the date herein -above first mentioned and shall run for a period ending June 30, 2006, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years. 15. In event the City desires to renew this agreement for said five -year period, the City Council shall not later than the last day of May 2006, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2006, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise such agreement shall finally terminate at the end of the aforedescribed period. Notwithstanding the provisions of this paragraph herein -above set forth, the County may terminate this agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16. This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. 5of6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this ATTEST: City Cleric By Deputy ATTEST: VIOLET VARONA- LUKENS Executive Officer /Clerk of the Board of Supervisors Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel By Deputy gsa00 -trm day of , 2001. 6of6 THE CITY OF BALDWIN PARK Mayor THE COUNTY OF LOS ANGELES Mayor, Board of Supervisors GENERAL SERVICES AGREEMENT THIS AGREEMENT, dated for purposes of reference only, , 2001, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Baldwin Park; hereinafter referred to as the "City." RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 501/2 of the Charter of the County of Los Angeles and Section 51300, et sect., of the Government Code. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. The County agrees, through its officers and employees, to perform those City functions which are hereinafter provided for. 2. The City shall pay for such services as are provided under this agreement at rates to be determined by the County Auditor - Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor - Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County. 1 of 6 3. No County officer or department shall perform for said City any function not coming within the scope of the duties of such officer or department in performing services for the County. 4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 6. Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furnitul -e, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense. It is expressly understood that in the event a local administrative office is maintained in the City for any such County officer or department, such quarters may be used by the County officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 2 of 6 7. All persons employed in the performance of such services and functions for the City shall be County employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County officer and employee engaged in performing any such service or function shall be deemed to be an officer or employee of said City while performing service for the City within the scope of this agreement, 8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and /or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as of set out in full herein. In the event that the Board of Supervisors later approves a revised .joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 3 of 6 10. Each County officer or department performing any service for the City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to insure payment for work, services or materials provided hereunder. 12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed. 13. Notwithstanding the provisions of Government Code Section 007, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including interest thereon, from any funds of any such City on deposit with the County 4of6 without giving further notice to said City of County's intention to do so. 14. This contract shall become effective on the date herein -above first mentioned and shall run for a period ending June 30, 2006, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years. 15. in event the City desires to renew this agreement for said five -year period, the City Council shall not later than the last day of May 2006, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2006, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise such agreement shall finally terminate at the end of the aforedescribed period. Notwithstanding the provisions of this paragraph herein -above set forth, the County may terminate this agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16. This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. 5of6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this l day of , 2001. THE CITY OF BALDWIN PARK ATTEST: City Clerk Z A[ Itti1: VIOLET VARONA- LUKENS Executive Officer /Clerk of the Board of Supervisors Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel By - - -- Deputy gsaoo -frm 6of6 1; Mal or THE COUNTY OF LOS ANGELES Mayor, Board of Supervisors COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 JUNE 6, 2001 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in a REGULAR MEETING at the above time and place. ROLL CALL Present: Council Members, Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro Tem Linda Gair, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief. Executive Officer; Arnold Alvarez - Glasman, City Attorney; Mark Kling, Acting Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo, Recreation /Community Services Director; Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer and; Rosemary M. Ramirez, Deputy City Clerk ANNOUNCEMENTS Mayor Lozano introduced Baldwin Park resident Anthony Bejarano. Mr. Bejarano is the son of Baldwin Park Unified School District Board Member Anthony Bejarano Sr. Anthony Jr. is currently attending the University of San Diego, and is employed as an intern with the Law Offices of Alvarez- Glasman & Colvin. Councilmember Garcia invited everyone in attendance to the weekly Street Market held every Tuesday between 4 p.m. and 9 p.m. Councilmember Garcia announced the upcoming Sister Cities Association meeting to be held on June 12, 2001, at 7:00 p.m., in the Council Chamber. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Lozano was joined by the City Council in presenting the following: Awards of Merit were presented to the participants of the 2000 -01 Miller Brewing Company "Tools for Success" Program participants. An Award of Merit was presented to Lance E. Quintana, Miller Brewing Company "Teacher of the Year' Scholarship Award Recipient. Awards of Merit were presented to the Community Garden Mural participants. Awards of Merit were presented to the Girls Soccer Team participants. An Award of Merit was presented to Recreation & Community Services Commissioner Andrea Carrillo, in recognition of receiving the "Nestle Very Best in Youth 2001" Award. Added Item: An Award of Merit was presented to Dr. Eduardo Lopez- Navarro for his volunteerism and many contributions to the citizens of the City of Baldwin Park. City Council Minutes — June 0, 2001 PUBLIC COMMUNICATIONS Page 2 Ms. Irene Test spoke of an incident involving her vehicle, which was parked in the parking lot at the Community Center. While parked, her vehicle was covered with debris that had been blown onto her vehicle by the iandscape contractor. Ms. Test asked that the landscape contractor be advised of his inattention and that the work of the contractor be more closely monitored. Mr. Randy Garcia, 14221 Olive Street, spoke regarding a complaint against his neighbors and requested city assistance with enforcement. Mr. Garcia also spoke about the quality of the street resurfacing work performed by Bubalo Construction. Raquel Corrales, 4129 Maine Avenue, requested City Council consideration to construct Maine Avenue as a two -lane highway. Vicky (inaudible), Maine Street business owner, asked for City Council support to make Maine Avenue a two -lane highway. Wen Chen, 3000 Vineland Avenue, complained about the street vendors. He requested the City Council immediately proceed with enforcement efforts on all illegal street vendors. Ms. Julia Garcia, 14421 Olive Street, asked questions regarding the presentation by Southern California Edison and suggested that the community be informed on energy conservation tips and techniques. Conrado Magdaleno, Planning Commissioner, spoke regarding the Council's decision to overturn the Planning Commission's decision regarding the Plaza Market Conditional Use Permit. Mr. Conrado stated that the Planning Commission had visited the location and based on their observations, the Planning Commission decided to place the conditions as indicated in the Conditional Use Permit. Mayor Pro Tem Gair acknowledged Mr. Magdaleno's comments and inquired as to whether the City Council could submit its recommendation to the Planning Commission for their input prior to taking a final vote on a particular matter. City Attorney Alvarez- Glasman stated that at the discretion of the City Council, a process could be implemented that would insure that the Planning Commission is informed of the Council's recommendation. In the case of a public hearing, the Council could receive testimony and continue the hearing for the purpose of requesting input from the Planning Commission. This method would provide due process to the applicant/appellant. Mayor Pro Tem Gair requested that a process be established for future matters that come to the City Council for appeal. ILLEGAL ,STREET VENDORS Mayor Pro Tem Gair discussed the matter of illegal street vendors and the enforcement methods currently taken. She suggested that code enforcement begin to confiscate the vendor's goods /products and perhaps eventually this may discourage the vendors from coming back to the City of Baldwin Park.. Mayor Pro Tem Gair offered to volunteer to assist with the enforcement. City Council Minutes — June 6,.,e001 Page 3 CONSENT CALENDAR PRESENTED Councilmember Pacheco requested that the following. item be removed from the Consent Calendar for discussion. 1) Item 1 -1 — AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNICATIONS INCORPORATED Councilmember Van Cleave requested that the following item be removed from the Consent Calendar fir discussion. 1) Item 1 -F — OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE PROVIDERS CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Items 1-A through K with the exception of Items F & 1, as presented and as follows: MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried MINUTES The minutes of March 21, 2001 (Regular & Study) were approved as presented.. CLAIMS AND DEMANDS Further reading was waived, read by title only and Resolution No. 2001 -055 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK", was adopted. Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware (financial conflict of interest). RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2047 -02 AND SETTING A PUBLIC HEARING FOR JULY 3, 2007 City Council adopted Resolution No. 2001 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and Resolution No. 2001 -051 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT. ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." City Council Minutes — June 6, /_001 Page 4 RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2001 -02 AND SETTING A PUBLIC HEARING FOR JULY 3, 2001 City Council adopted Resolution No. 2001 -052 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR STREET PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and Resolution No. 2001 -053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." APPROPRIATION OF OFFICE OF TRAFFIC SAFETY (OTS) GRANT FUNDS APPROVED City Council approved and appropriated grant funds in the amount of $57,437 for the remainder of FY 2000 -01; Approved and appropriated remaining grant funds in the amount of $77,014 for FY 2001 -02 and appropriated $35,375 for Fiscal Year 2002 -03. Staff was authorized to proceed with the purchase of requested equipment. CLAIM REJECTIONS City Council rejected the claims of Jaime Martinez (00 020A) and Eustolia Ureta (00 013A) and directed staff to send the appropriate rejection letters to claimants. DAVID WELLHOUSE AGREEMENT FOR STATE MANDATED COST CLAIMING SERVICES City Council approved an Agreement with David Wellhouse in the amount of $3000 for the purpose of preparing the City's State Mandated Cost Claims and authorized the Mayor to execute the Agreement. SECOND READING OF ORDINANCE 1978 ADOPTING AN AMENDMENT TO SECTIONS 153.387 AND 153.397 OF THE ZONING CODE RELATIVE TO THE POSTING OF ILLEGAL SIGNS WITHIN THE PUBLIC RIGHT OF WAY, DECLARING SAID POSTINGS A PUBLIC NUISANCE AND PROVIDING FOR COST RECOVERY THEREOF, CASE NO. AZC -144 Further reading was waived, read by title only and Ordinance No. 1178, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING MODIFICATIONS TO THE CITY MUNICIPAL CODE SECTIONS 153.387 RELATING TO PROHIBITING SIGNAGE, DECLARING ILLEGAL SIGNS A PUBLIC NUISANCE AND ESTABLISHING PENALTIES FOR THE POSTING OF ILLEGAL SIGNS," was adopted on second reading. APPROVAL OF THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH LOS ANGELES COUNTY City Council approved a five -year renewal of the General Services Agreement with the County of Los Angeles. City Council Minutes --- June 6, -001 CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION Page 5 OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE PROVIDERS (Carry over item from March 7, 2001) Councilmember Van Cleave is objecting to this approval and requested that a vote be taken on this matter. Upon question from Mayor Pro Tem Gair City Attorney Alvarez - Glasman stated that Resolution No. 2001-006 is for the purpose of designating the official police tow service providers and to authorize the city to enter into separate Franchise Agreements with each official police tow service provider. Resolution 2001 -007 establishes the franchise fees for those tow services. Councilmember Van Cleave requested that these items be voted on separately. A motion was made to adopt Resolution No. 2001 -006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING OFFICIAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZING THE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100." MOTION: Councilmember Garcia SECOND: Councilmember Pacheco (Motion Carried) NOES: Councilmember Van Cleave A motion was made to adopt Resolution No, 2001 -007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE FRANCHISE FEE FOR OFFICIAL POLICE TOW SERVICES, PURSUANT TO BALDWIN PARK MUNICIPAL CODE SECTION 100.085." MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair (Motion Carried) AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNICATIONS, INCORPORATED Councilmember Pacheco stated that there are other companies that should be considered for this type of contract and requested that this matter be tabled to a later date. A motion was made to table this matter to an unspecified date in the future. MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion Carried PUBLIC BEARING PUBLIC HEARING RELATING TO THE BALDWIN AVENUE IMPROVEMENT ASSESSMENT DISTRICT 2000 -01 AND AWARD CONTRACT FOR THE CONSTRUCTION OF CIP 870 (Continued from May 16, 2007) Director Nayier requested that the City Council confirm the tabulation of the ballots and adopt the resolutions as necessary to proceed with this project. City Attorney Alvarez - Glasman stated that this matter was before the City Council at the last meeting. At that meeting, there were questions raised by the City Council. Those issues that City Council Minutes -- June 6, 2001 Page 6 were raised by the City Council have been addressed. The amounts that were in question at the last meeting have been adjusted in accordance with the appropriate economics of this improvement district. The residents have received a subsequent report. There have been no additional ballots that have been received by the City. At this time, it would be appropriate to open the matter for public hearing. Mayor Lozano declared the public OPEN for public participation. Michael Adamo, 14601 Baldwin Avenue, stated that he had no complaints and the adjusted amount of the assessment is acceptable. He thanked the City Council and Engineering Manager Idnani for their diligence and efforts towards resolving this matter. Mr. Adamo further stated that it is his understanding that upon completion of the improvements, Baldwin Avenue could become a public street. He reminded the Council that Baldwin Avenue is a dead -end street and does not feel it is an appropriate public street throughway. Ms. ,Jodean Boilerman, 14526 Baldwin Avenue, stated that she owns three properties along Baldwin Avenue. In response to Ms. Bollerman's inquiry regarding receiving a discount for multiple property ownership, City Attorney Alvarez - Glasman stated that the manner in which these types of assessment districts are created are based upon the linear feet which is being improved. The obvious dilemma of allowing any individual to bring in their own contractor or to do their own work will lack in continuity between one contractor to the other. The law does allow for these types of districts. to be created for the improvements that are being sought. These assessments are based on how much property each individual owns. He further stated that the City is already contributing a significant of the improvement costs to the project, and by doing this; the City is already enhancing individual properties at a reduced rate in comparison to the costs that someone would incur otherwise. In response to Ms. Bollerman's inquiry, Director Nayier stated that the project, as designed, allows no room for Ms. Bollerman to keep her ivy in front of her home. Mr. Randy Garcia, 14221 Olive Street, asked the Council to consider Ms. Bollerman's request to keep her ivy in front of her home. He cited other areas within the city, which have been designed to accommodate these types of requests. There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. A motion was made to waive further reading, read by title only and adopt Resolution No. 200'1- 042 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDERING CHANGES AND MODIFICATIONS TO THE BALDWIN AVENUE ASSESSMENT DISTRICT NO. 2000 -01;" and, 2) Waive further reading, read by title only and adopt Resolution No. 2000 -043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO;" and 3) Award the contract to Gentry Brothers, Inc., in the amount of $147,063.25; and 4) Authorize the Mayor to execute the Agreement; and 5) Authorize the City Engineer to execute any necessary change orders in an amount not to exceed fifteen (15 %) of the original contract amount. MOTION: Councilmember Garcia SECOND: Mayor Pro Tem Gair Motion Carried City Council Minutes - June b, -001 REPORTS OF OFFICERS Page 7 MARIONETTE SAVAGE APPOINTED TO HOUSING COMMISSION TO FILL THE UNSCHEDULED VACANCY OF OFFICE NO. 6, WITH A TERM EXPIRATION OF JUNE 30, 2003 A motion was made to appoint Marionette Savage to Office No. 6 with an unexpired term expiration date of .tune 30, 2003. MOTION: Mayor Pro Tem Gair SECOND: Councilmember Garcia Motion Carried RESIDENTIAL WARRANTS FOR STOP AND YIELD SIGNS (Continued from May 16, 2000 A motion was made to adopt a policy to utilize the City of Los Angeles warrants for residential areas for stop and yield controls. MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion carried APPROVAL OF A MULTI PURPOSE LIGHTING SYSTEM AT BARNES PARK A motion was made to approve and authorize staff to expend $65,000 from the Special Youth Fund Account for the purpose of installing a Multi Purpose Lighting System at Barnes Park. MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion carried COUNCIL STAFF REQUESTS AND COMMUNICATIONS REQUEST FROM CHIEF EXECUTIVE OFFICER KELLFR FOR COUNCIL DISCUSSION OF SETTING DATES AND TIMES FOR BUDGET REVIEW WORKSHOPS A budget workshop was scheduled to be held on Friday, June 15, 2001, at 1:00 p.m., in Room 307. There were no objections. REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR COUNCIL DISCUSSION AND CLARIFICATION OF APPOINTEES TO THE 2 + 2 COMMITTEE WITH THE BALDMN PARK UNIFIED SCHOOL DISTRICT Mayor Lozano requested that staff contact Kathleen Gair, Action Learning Systems, to discuss the possible services available to the City. Chief Executive Officer Keller stated that since this matter could possibly involve both the City and School Board, she suggested that this matter be discussed at an upcoming 2 +2 meeting. There were no objections. Chief Executive Officer Keller reported that staff is working on scheduling a date to meet with the School Board Representatives. Secretary Thompson will contact the representatives to advise of the scheduled meeting date. Chief Executive Officer Keller confirmed that Councilmembers Garcia and Van Cleave are the appointed representatives of the 2 +2 Committee. LETTER OF SUPPORT— FOOTHILL TRANSIT FUNDING REQUEST (CAL POLY TRANSIT) Councilmember Garcia requested that the City Council send a letter of support to Foothill Transit in support of their funding request with regard to the Cal Poly Campus service. There were no objections. City Council Minutes — June 6, 2001 REPORT ON RECENTLY ATTENDED LEGISLATIVE MEETING g�i Mayor Pro Tem Gair reported on the recently attended legislative meeting in Sacramento, stating that over 200 city representatives were present to meet with legislators. One item to track is an amendment to the Brown Act, which would require that all property negotiations be placed on the open session agenda. Another item that the Council is requested to track is SB910 regarding the Housing Element and the potential loss of funds a city may incur if it does not meet the required housing element standards. Also discussed the utility crisis and the utility user taxes and how cities are affected. Cities are encouraged to announce in the community, the 20/20 plan that pays 20% on 20% of the amount of energy cut backs. Mayor Pro Tem Gair will distribute information on these matters to each Councilmember. Mayor Pro Tem Gair reported that the case was lost in Sonoma County regarding ERAF. The court declared that the state has the right to take the monies they took and that they do not have to pay back anything they do not want to, which now has accumulated to $4.5 Million. The League of California Cities has announced a grassroots movement; that the city should consider becoming a participant. STREET MARKET ADVERTISING SIGN REQUESTS Mayor Pro Tem Gair requested that signs be placed citywide, announcing the Street Market. STAFF ACKNOWLEDGED FOR OIL RECYCLING CONTEST Mayor Pro Tem Gair wished to thank Supervisor Harris for another successful Oil Recycling Contest Project. ADJOURNMENT There being no further items before the Council, meeting was adjourned at 8:50 p.m, to Friday, June 15, 2001, at 1:00 p.m., in Room 307. The meeting was adjourned in the memory of Nadia Madrigal and Raul Martinez. Approved as presented by the City Council at its meeting held September 5, 2001. Rosemary WR&m eez, CMC Chief Deputy Citytlerk 1. Rosemary M. Ramirez 0" Sak win Park, hereby certify that he for the original documeWaction. WW on books on file in the City C 's Offios. 2 �o�rsrr�a� ey M.ki r� City Clem 0 the /City of a cr copy of in official DAVID E. JANSSEN Chief Administrative Officer April 26, 2001 County of Los Angeles CHIEF ADMINISTRATIVE OFFICE 713 KENNETH HAHN HALL OF ADMINISTRATION • LOS ANGELES, CAUFORF to 90012 (213) 974 -1101 Ms. Dayle Keller Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Ms. Keller, Board of Supervisors GLORIA MOLINA First District YVONNE BRATHWAITE BURKE Second District REC IVE ZEVYAROSLAVSKY Third District MAY f nV DON KNABE M — 2 001 Fourth District WCHAEL D. ANTONOVICH ADMINISTRATION Fifth District RENEWAL OF GENERAL SERVICES AGREEMENT The General Services Agreement (GSA) between your City and the County of Los Angeles will expire on June 30, 2001. To ensure continuation of services which you may be receiving and the ability to add or augment services in the future, we would like to work with you in renewing this agreement for a five -year period, commencing July 1, 2001 through June 30, 2006. The County GSA has been executed with most of the cities and a number of public entities within the County. The GSA is general in nature and provides authority for the County to provide services requested by these public entities. It also specifies the method by which a city or other entity requests and pays for a service and provides for the annual adjustment of rates. Services provided under the GSA primarily consist of miscellaneous services which cities and other public entities request from the County on an "as needed" basis. They include such functions as predatory animal control, prosecution of city ordinances, direct assessment collection, and a variety of public works activities. Ongoing and specific services, such as law enforcement, public health code enforcement and animal care and control, are handled separately by the responsible County departments under Specific Services Agreements. gsarenitrOl Ms. Dayle Keller April 26, 2001 Page 2 Three copies of the GSA are enclosed for your Council's approval. To allow sufficient time for the Board of Supervisors to approve renewal of your City's GSA prior to its expiration, please return all three signed copies of the enclosed three originals with a certified copy of your Council's resolution by May 31, 2001 to. Intergovernmental Relations c/o Chris Goodman Chief Administrative Office 723 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 One original will be returned to you upon execution by the Board of Supervisors. If you have any questions about the renewal process or desire additional information, please call Chris Goodman at (213) 974 -1464. We look forward to our continued association and thank you for your efforts. Sincerely, CAf GERM KARIYA j Assistant Administrative Officer Intergovernmental Relations Branch GK:CG:md Enclosures gsarentroi t� 1 a _ �v F 1 4 BA.LDWIN P- A,1L,K TO; FROM: CITY OF BALDWIN PARK Mayor and City Council JUN - 6 2001 ITEM No. A- STAFF REPORT Shafique Naiyer, Director of Public Works June 6, 2001 1 SUBJECT. CONTINUED PUBLIC HEARING FOR BALDWIN AVENUE IMPROVEMENT ASSESSMENT DISTRICT 2000 -1, ADOPTION OF RESOLUTIONS 2001 -042 AND 2001 -043 AND AWARD OF CONTRACT FOR CIP 870 PURPOSE This report requests that the City Council conduct a public hearing and confirm the tabulation and results of the mail ballots in favor of the proposed assessment, and adopt Resolution 2001 -042 making modifications to the Engineer's Report and adopting Resolution 2001 -043 adopting Engineer's Report, confirming the Assessment, ordering the work and acquisition and directing action with respect; BACKGROUND On March 21, 2001, the City Council approved the Engineer's Report, and conducted a public hearing on May 16, 2001, which was continued to June 6, 2001. During the public hearing, a resident was concerned about how the assessment was calculated. The method used was paying variable payments, which resulted in paying higher payments in the beginning and gradually reducing them to zero at the end. The calculation has been revised to make it uniform payments over a 10 year period with the interest rate not to exceed 6 %. He was also not aware that the assessment has been reduced 20% from the notification he received. A revised letter (see attached) was sent to all residents with the lower revised figure. The Engineer's Report was prepared in house and only Bond Counsel and Public Finance Authority were consulted. The intent of public hearing is to allow the property owners to address their comments or concerns to the City Council regarding the proposed improvements and assessment district. DISCUSSION An assessment district would allow the City to construct tstreet improvements along Baldwin Avenue currently a private street. The cost of these improvements would be shared between the City and the benefited property owners. On the November 1996 election, voters passed Proposition 218, which affects the way taxes, as well as, certain kinds of assessment fees, and changes are imposed on the properties. On March 29, 2001, the Engineering Division mailed ballots and notices of the public hearing to owners of parcels within the district concerning the proposed assessment district.. After public testimony, the City Clerk will tabulate the results of the ballots. If a majority protest does not exist based on the ballots received, Council shall proceed with the recommendation for assessment. If a majority protest does exist then the City Council does not need to take further action. The cost of the assessment district will be financed through Public Finance Authority payable over a period of 10 years. In accordance with the provisions of the Government Code the Notice Inviting bids was published and bids were opened and declared publicly on April 3, 2001. Seven bids were received. A summary of these bids is attached for Council's review (see Attachment "A "). Gentry Brothers, Inc is the lowest responsible bidder and has performed on similar projects in other municipalities including the City of Nest Covina, Covina, Diamond Bar, and City of Baldwin Park. The bid came much lower than the Engineer's estimate. Therefore the assessment has been decreased by 25% percent This project is part of the Capital Improvement Program for FY2000 -2001. The Engineer's estimate for this project is $165,000.00 and the bid price submitted by Gentry Brothers, Inc. is $147,063.25. The cost of financing the Assessment District, design, survey and change orders are estimated to be $79,059. The total cost of this project estimated to be $226,922. FISCAL IMPACT The City will contribute Gas Tax funds in the amount of $83,887.00 and the remaining funds of $142,235.00 will be paid by property owners under an assessment district over a 10 year period. There is no impact on the General Fund. RECOMMENDATION It is recommended that the City Council: 1. Hold a public hearing and; 2. Adopt Resolution No. 2001 -042 ordering changes and modifications to the Engineer's Report Baldwin Avenue Assessment District 2000 -1; and 3. Adopt Resolution No. 2001-043 adopting the Engineer's Report, confirming the assessment, ordering the work and acquisitions and directing actions with respect and; 4. Award the contract for the construction of Baldwin Avenue, CIP 870 to Gentry Brothers, Inc. in the amount of $147,063.25 and; 5. Authorize the Mayor to execute the attached agreement and; 6. Authorize the City Engineer to execute any necessary change order orders in an amount not to exceed fifteen (15 %) of the original contract amount. REPORT PREPARED BY Arjan Idnani, Engineering Manager S NIA Ilvv caslaffrpt53 -7 -01 public hearing Baldwin ave 2000 -1 May 24,2001 APN: Situs: SUBJECT: PROPOSED BALDWIN AVENUE ASSESSMENT DISTRICT 2000 -1 CITY OF BALDWIN PARK Dear Property Owners: The City conducted a public hearing on the formation of the Baldwin Avenue Assessment District 2000 -1 in the City Council Chambers on Wednesday, May 16, 2001 at 7:OOPM, 14403 East Pacific Avenue, Baldwin Park, California 91706. This public hearing has been continued to the next Council meeting on Wednesday June 6, 2001. At that time, detailed questions may be asked about the Assessment District. The time and place for the continued public hearing is Wednesday., June 6; 2001 at 7:OOPM, in the City Council Chambers. The ballots have been received during the last Council meeting. However, the City Council, in continuing the public hearing, has provided for ballots to be received, withdrawn or changed until the close of the June 6, 2001, continued public hearing. The City of "Baldwin Park is contributing $83,887.00 towards this project and the balance of $142,235.00 is assessed to the property owners. The amount of your assessment has been reduced from the amount previously stated in the notice of assessment ballot and your share of assessment is proposed to be $3,927.00. The Engineer's report is available at the Public Works counter for review. If the assessments are confirmed, you will be given notice that you can pay this amount within 30 days or pay over a 10 year period with interest at a rate which is expected not to exceed 6 %. If you have any questions or need additional information about the proposed Baldwin Avenue Assessment District 2000 -1, please call me at (626) 960 -4011, extension 551. Sincerely, DEPARTMENT OF PUBLIC WORKS Shafique Nalyer Director of Public Works SNlan Attachment. C:Vetterskary&MWdwin Avenue pubtic haw4ng notice — 2000.1 CITY Or BALDWIN PARK-14403 EAST PACMC AVENUF,BALDWIN PARK•CA,9I706,(626 )960 -401 I•FAX(626062 -2625 h BALDW N P, A, R• K May 24, 2001 Re: Propuesta Tasacion de Impuestos para el Distrito 2000 -1 de Baldwin Avenue, Ciudad de Baldwin Park Estimado Dueno de Propiedad: La Ciudad tuvo una junta publica para la formacion de la propuesta tasacion para el Distrito 2000 -1 de Baldwin Avenue en la Camara del Concilio el Miercoles, 16 de mayo de 2001 a [as 7:00 p.m., 14403 East Pacific Avenue, Baldwin Park, California, 91706. Esta junta publica ha sido continuada hasty el miercoles 6 de junio de 2001. Ese dia se podran hacer preguntas acerca de la Tasacion,para el Distrito 2000 --1. El dia y hora de la junta que ha sido continuada es el miercoles, 6 de junio de 2001 a las 7:00 p.m., en la Camara del Concilio. Las papeletas electorates fueron recibidas durante la ultima junta del Concilio. Sin embargo, el Concilio, al continuer esta junta ha permitido recibir, retirar, o cambiar papeletas electorales hasta el cierre de la junta publica del 6 de junio de 2001. La Ciudad esta contribuyendo con $83,887 para este proyecto y el resto $142,235 va a ser pagado por los duehos de propiedad. La cantidad de su tasa ha sido reducida de la cantidad que se le habia comunicado antes. Su tasa se puede leer al reverso de esta carta. Puede ver el Reporte de Ingenierla en el Palacio Municipal. Si la tasacion es confirmada usted recibira una noticia de que usted puede pagar el monto en 30 dias a la fecha, o puede elegir pagar a un periodo de 10 afts con una tasa de interes que no se espera que exceda el 6 %. Si tiene alguna otra pregunta o necesita mas informacion acerca de la Propuesta Tasacion de Impuestos para el Distrito 2000 -1 Baldwin Avenue, por favor llame al (626) 960 -4011, extenci6n 551. Atentamente, Shafique Naiyer Director de 4bras Publicas CITY OF BALDWIN PARK°14403 EAST PACIFIC AVENUE-BALDWIRr PARK, CA, 91706- (626)960- 4011•FAX(626)962 -2625 RESOLUTION NO. 2001 -042 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK, CALIFORNIA ORDERING CHANGES AND MODIFICATIONS Baldwin Avenue Assessment District No. 2000 -1 WHEREAS, On September 20, 2000 this Council adopted Resolution No. 2000- 90, A Resolution of intention to make certain acquisitions and improvements for the Baldwin Avenue Assessment District No. 2000 -1 (the "Assessment District"); WHEREAS, the Engineer's Report for the District was preliminary approved by Resolution No. 2001 -027, adopted on March 21, 2001. WHERAS, the Engineer of Work has filed with the City Clerk proposed revisions to the Engineer's Report as preliminarily approved by this Council, as such changes are set forth in the form of Engineer's Report attached hereto as Exhibit A and made a part hereof; WHEREAS, The changes and modifications hereinafter ordered will not increase the total amount of the assessment or the amount of any individual assessment nor eliminate or add any work which will substantially and adversely alter or affect the benefits to be derived from the work and acquisitions; WHEREAS, The public interest, convenience and necessity require the changes and modifications hereinafter ordered; NOW, THEREFORE, BE IT RESOLVED, As follows: 1. That changes and modifications be made in the Engineer's Report as set forth in Exhibit A. APPROVED AND ADOPTED on June 6, 2001. Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF BALDWIN PARK ) I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2001 -642 was duly passed and adopted at a regular meeting of the City Council held on June 6, 2001, and said Resolution was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROSEMARY RAMIREZ, DEPUTY CITY CLERK CAstaffrpM -18 -01 public hearing Baldwin ave 2000 -1 RESOLUTION NO. 2001 -043 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK, CALIFORNIA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO Baldwin Avenue Assessment District No. 2000 -1 WHEREAS, On September 20, 2000, this Council adopted Resolution No. 2000- 90, A Resolution of intention to make acquisitions and improvements (the "Resolution of Intention "), and in it directed the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act "); WHEREAS, The report of the Engineer of Work was made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the Resolution of Intention, and May 16, 2001 at the hour of 7:00 o'clock p.m., in the Chambers of the City Council in City Hall, 14403 East Pacific Avenue, Baldwin Park, California, was appointed as the time and place for a public hearing take testimony and to receive protests in relation to the proposed acquisitions and improvements, for tabulation of assessment ballots, and final action on the Engineer's Report; and WHEREAS, On May 16, 2001 the public hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the acquisitions and improvements were fully heard and considered by this Council, and any protests, both written and oral, were duly heard, considered, and all assessment ballots submitted by property owners were received and tabulated; That this public hearing was continued by the City Council, to the next City Council meeting on June 6, 2001; F NOW, THEREFORE, BE IT RESOLVED, As follows: 1. No Mpjorit Protest; Protests Overruled. It is hereby determined that, upon the conclusion of the public hearing, and after tabulation of the assessment ballots submitted, no majority protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In tabulating the ballots, they were weighted according to the proportional financial obligation of the affected properties. The protests, if any, against the proposed acquisitions and improvements or the grades at which the work is proposed to be done, as a whole or as to any part thereof, or against the Baldwin Avenue Assessment District No. 2000 -1 (the "Assessment District "), or the extent thereof to be assessed for the costs and expenses of the acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and descriptions, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part, written and oral, are hereby overruled. 2. Public Interest. The public interest, convenience and necessity require that the acquisitions and improvements be made and that the Assessment. District be created. 3. Assessment District Described. The Assessment District benefited by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. Engineer's Report Approved. The Engineer's Report, in the form on file in the office of the City Clerk and to which reference is hereby made for further particulars, including the estimates of costs and expenses, the apportionment of assessments and the assessment diagram contained in the Engineer's Report, is hereby approved and confirmed and shall stand as the Engineer's Report for these and all future proceedings for the Assessment District. Final approval of the Engineer's Report is intended to and shall refer and apply to the Engineer's Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 5. Benefits Determined. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the public hearing, this Council expressly finds and determines that: (a) each of the several subdivisions of land in the Assessment District will be specially benefited by the acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. 6. Improvements Ordered Assessment District Formed and Assessments Confirmed. This Council hereby orders that the acquisitions and improvements described in the Resolution of Intention be made, the Assessment District be formed and that the assessment to pay the costs and expenses thereof be confirmed and are hereby levied. For further particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution of Intention and the Engineer's Report. 7. Recording Ordered, The City Clerk shall forthwith: (a) deliver to the Director of Public Works of the City, who is the Superintendent of Streets under the Act, the assessment as contained in the Engineer's Report together with the assessment diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the City Clerk, attached thereto. The Director of Public Works shall record the assessment and diagram in a suitable book to be kept for that purpose, and append thereto a certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein; and (b) cause a copy of the assessment diagram and a notice of assessment, substantially the form provided in Section 3114 of the Streets and Highways Code of California, executed by the City Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Los Angeles. From the date of recording of the notice of assessment, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (10) years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers of the City are hereby authorized to take all actions and to pay any and all fees required by law in connection with the above. 8. Cash Payment Ordered. (a) Cash Payment. Under the Act, this Council hereby directs that the owners of property within the Assessment District shall be given written notice of the confirmation of the assessments and of the recording thereof in the office of the Director of Public Works and of the opportunity of such owners to pay all or a portion of the assessments in cash for a period of not less than thirty (30) days. (b) Collection Officer, The Finance Director of the City is appointed Collection Officer (the "Collection Officer ") for the assessments and the person to whom payment of the assessments shall be made, and that the office of the Collection Officer, at 14403 East Pacific Avenue, Baldwin Park, California, 91706 -4297 is designated as the place at which any payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for collecting assessments. (c) Mailed Notices, The Collection Officer shall cause notices to pay assessments to be mailed under Section 10404 of the Act, which notice shall state that bonds will be issued under the Improvement Bond Act of 1915, to represent any unpaid assessments. The mailed notice shall be mailed to each owner of real property within the Assessment District at his or her last known address as the same appears on the tax rolls of the City, or on file in the office of or as known to the Clerk of the Council, or to both addresses if the address is not the same, or to the general delivery when no address so appears. (d) Published Notice. The Collection Officer shall also cause the notice to be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper published and circulated in the City. (e) Proceeds of Collection. The Collection Officer shall establish a fund, separate and distinct from other funds of the City and designated "City of Baldwin Park, Baldwin Avenue Assessment District No. 2000 -1 Cash Payment Fund" (the "Cash Payment Fund") into which shall be deposited all sums received from the cash payments. The Cash Payment Fund may be invested by the Collection Officer in lawful investments for the City; provided, however, that the Collection Officer shall be under no obligation to invest any or all of the amounts in the Cash Payment Fund. In the event that this Council issues bonds for the Assessment District, the moneys in the Cash Payment Fund shall be applied to the acquisitions and improvements for the Assessment District and the Fund shall be closed. If the Council determines not to issue bonds to finance the acquisitions and improvements, the Collection Officer shall return the amounts of cash payments (with any interest thereon) to the persons responsible for paying such cash payments and the Fund shall be closed. The timing of such determinations shall be entirely at the discretion of the Council. 9. Effective Date. This resolution shall be effective upon the date of its adoption. APPROVED AND ADOPTED on June 6th, 2001. Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF BALDWIN PARK ) I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2001 -043 was duly passed and adopted at a regular meeting of the City Council held on June 6, 2001, and said Resolution was passed and adopted by the following vote: AYES- NOES- ABSENT: ABSTAIN: ROSEMARY RAMIREZ, Deputy City Clerk CAsfafifrpA5 -16 -09 public hearing Baldwin ave 2040 -1 ATTACHMENT "A" w Project: Baldwin Avenue Improvements Assessment District 2000 -1, CIP 870 Bids Opened: 11 :00AM, April 3, 2001 CONTRACTIBIDDER BID AMOUNT Gentry Brothers, Inc. $147,063.25 Topline Construction, Inc. $162,858.75 E.G.N. Construction, Inc. $172,068.30 Civil Works Corporation $189,048.00 Shawnan $189,960.50 Olivas Valdez, Inc. $222,025.25 CAstaffrpt55 -16 -01 public hearing Baldwin ave 2000 -1 City of Baldwin Park Revised Engineer's Report For Baldwin Avenue Assessment District No. 2000 -1 Manuel Lozano, Mayor Linda Gair, Mayor Pro Team William "Bill" Van Cleave, Councilmember Ricardo Pacheco, Councilmember Marlen Garcia, Councilmember Shafique Naiyer Director of Public Works June 6, 2001 Baldwin Avenue Assessment District No. 2000 -1 Engineer's Report Pursuant to the Provisions of Section 10204 of the Street and Highways Code Table of Contents ASSESSMENT........ ......................................... ....... -- ............. .................................... 1 DESCRIPTIONOF WORK ................................................................ ..............................3 METHOD OF ASSESSMENT ............................................................ ..............................4 COSTESTIMATES ........................................................................... ..............................9 DESCTIPTION OF LANDS TO BE ACQUIRED ............................... .............................10 ASSESSMENTROLL ......................................................................... .............................11 NAME AND ADDRESS OF PROPERTY OWNERS ......................... .............................13 ASSESSMENT DIAGRAM ............................................................... .............................17 CERTIFICATION........................................................... ............................... ...18 PLANS UNDER SEPARATE COVER ASSESSMENT Pursuant to the provisions of the Municipal Improvement Act of 1913 being Division 12 of the Streets and Highways Code of the State of California, and Section 19 of Article XVI of the Constitution of the State of California, the City Council of the City of Baldwin Park, California adopted its Resolution of Preliminary Determination and of Intention No. 2000 -90 for construction of the public improvements more particularly therein described with respect to the project to be known as Baldwin Avenue Assessment District No. 20001. WHEREAS, SAID resolution directed the undersigned to make and file a report presenting a general description of any works and appliances already installed and any other property necessary or convenient for the operation of the improvements, plans and specifications for the proposed construction, estimate of costs, maps and description of lands and easements to be acquired, and diagram and assessment of and upon the subdivisions of land within the assessment district, to which resolution reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the estimated cost of said acquisitions, work and improvements and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said acquisition, work and improvements and the expense incidental thereto, is a s follows: ENGINEER'S ESTIMATE (1) (2) As As Finally Preliminarily Confirmed and Approved Recorded Cost of Construction $210,845.00 $147,063.00 Cost of Acquisitions $ 0.00 $ 0.00 Contingencies $ 31,627.00 $ 22,059.00 Incidental Expenses $ 47,000.00 $ 57,000.00 TOTAL COST $289,472.00 $226,122.00 Estimated Contributions $ 86,665.00 $ 83,887.00 BALANCE TO ASSESSMENT $202,817.00 $142,235.00 And I do hereby assess and apportion said portion of said total amount of the cost and expenses of said acquisitions, work and improvements upon the several lots, pieces or parcels or portions of lots or subdivisions of land liable therefore and benefited thereby, and hereinafter numbered to correspond with the numbers upon the attached diagram, upon each, severally and respectively, from the acquisitions and improvements, and more particularly set forth in the list hereto attached and by reference made part hereof. As required by said Act, a diagram hereto attached showing the assessment district and also the boundaries and dimensions of the respective subdivision of land within said assessment district as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said diagram. Said assessment is made upon the several subdivisions of land within said assessment district in proportion to the estimated benefits to be received by said subdivision, respectively, from said improvement. The diagram and assessment numbers appearing herein are the diagram number appearing on said diagram, to which reference is hereby made for a more particular description of said property. And because the names of the several owners are unknown to me, I hereby place the "Unknown: opposite the number of each subdivision of land assessed, the amount assessed thereon and the number of the assessment. Each subdivision of land assessed is described in the assessment list by reference to its parcel number as shown in the Assessor's Maps of the County of Los Angeles for the fiscal year 2000- 2001 and includes all of such parcels excepting those portions thereof within existing public roads or rights -of -way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Dated: , 2001 By: Shafigue Nalyer Title: Director of Public Works - 2 - C:,My wcuanenuVenerslarjanlB¢Idwin M, Engineers Mp.,U- DESCRIPTION OF WORK Baldwin Avenue Improvements includes reconstruction of Baldwin Avenue with 3" asphalt concrete over 4° aggregate base, construction of sidewalk, driveways, transition of driveways, curb and gutter, regrade area on site, raising manholes, water meter, water valves, relocate mailboxes and fences, and remove trees. 3 CAMy A- Enginccn Rcp a.dce CITY OF BALDWIN PARK BALDWIN AVENUE ASSESSMENT DISTRICT 2000 -1 METHOD OF ASSESSMENT Since the improvements are to be funded by the levying of assessments, the Municipal Improve Act of 1913 and Article XIIID of the State Constitution require that assessments must be based on the estimated special benefit for the properties from the work of improvements. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. It also requires that publicly owned property, (which benefits from the improvements) are to be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessment to each parcel in direct proportion with the special and direct benefit, which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as follows: All properties within the district are generally uniform. All properties are assessed for street improvements based upon a lineal feet property frontage along Baldwin Avenue. In addition, the costs resulting from the construction of driveways, removal of trees, and relocations of fences and mailboxes are assessed only to those properties, as shown on the following attached sheets. The preponderance of the benefit to be derived from the improvements accrues to the property that directly front on the street improvements. 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CD n W (1) Co m A V 03 A "1 N r s s W d a e r U1 O r Ch d r r A O r V V W U1 G7 O r N 0 4A 69 6A 69 49 fA 6A 69 fA 6A EA 69 fA 69 69 69 69 49 .69 (0:169 EA 69 69 69 iA 4A Z D W N m CD fN� N W co O W W 0) Ch 0 N© CWO .Ca ? A C7 r r Ut 0 0 r r O V CG C7 O d► 69 69 69 64 69 in 40 b3 69 6A 69 EA 4A 4.9 69 69 6A (fl EA iA fA 69 6A 49 4A 61 z D co ol w to (A � -CAI o nl °- o (I"n V 52 N V CT 0 r CO 40 6A 6A 69 6A 69 6H Eft 6A 6A 69 69 69 W 6» EH 69 469 4.9 6fl 64 EA 69 6A 6A fA 69 (D 11 O f!s N 00 V N i W CW A -4 Oa) W O O N Cl A troll Q ^^� Cn W V N r s r O r O C9 a V M O d 49 49 69 69 EA 6A 69 69 69 69 69 6i9 EA 6A 4A 4ii 69 6A 69 6`7 EA 6A FA 69 6A EA b9 N N If 0 to rotD U W Oo (77 W A C V A N (N 11 Q N V O co O s d r - V CR d s O 4A 69 69 4.9 69 69 4A 69 69 69 69 4A 69 6!a 69 61) 69 6A 6A 69 6A 4A (Al A E A 9 4N A Z If O cD CD -4 w CD W p V V r o r d 1 C�ln :A 6.A 69 69 (A 6A 69 EA 69 6A 4fl 6A 6„9 69 69 69 69 69 6A 6A 6A 69 '60 6A 6.9 EA H9 Z Ch A CD co 0) ? V Ul A CP 0 �W � O N Q A W N V Ch r s s cn r r i r r O. O r d 4 W O r O 4A EA 69 409 459 49 to 69 69 4A 4A 60 69 69 iA 6fl 69 60 6A 4A 6A 6a9 EA 69 460 69 6fl D P ) CD to 0 (D O a d W co N O N N co V Cn 0 N -� 8 '1 A w W A A Cron C. Ul 0 Co --� co UI r C? (.h r r O s co V OD d r 07 z a mr. rn >a COa K r m z N M CO) Z n N t3 O CITY OF BALDWIN PARK ENGINEER'S COST ESTIMATE SUMMARY BALDWIN AVENUE ASSESSMENT DISTRICT NO. 2000 -1 CONSTRUCTION ITEMS a) Construction Cost b) Contingency (15 %) Total Construction Items INCIDENTALS a) Engineering b) Construction Engineering C) Contract Administration d) Assessment Reserve TOTAL INCIDENTALS TOTAL PROJECT COST CITY CONTRIBUTION TOTAL ASSESSMENT C.%My Avc Lliginem Repos dm 9 $147,063.00 $ 22,059.00 $20,000.00 $20,000.00 $ 2,000.00 $15,000.00 $169,122.00 $ 57,000.00 $226,122.00 $ 83.887.00 $142,235.00 DESCRIPTION OF LANDS TO BE ACQUIRED All property owners have previously dedicated their land to the City of Baldwin Park at no cost. All property owners directly benefit from these improvements. - 10 - C'1My �acvment ilcttcrs5erjanlBalGwin Ace F,,gi -m P pnrtd- CITY OF BALDWIN PARK BALDWIN AVENUE ASSESSMENT DISTRICT NO. 2000-1 ASSESSMENT ROLL ASSESSMENT NO, BOOK PAGE PARCEL NO. FRONT FOOTAGE TOTAL COST 1 8414 10 1 50 $3,122 2 8414 10 2 50 $3,122 3 8414 10 3 50 $3,639 4 8414 10 4 50 $3,012 5 8414 10 5 50 $3,639 6 8414 10 6 50 $3,530 7 8414 10 7 50 $3,927 8 8414 10 8 50 $1,072 9 8414 10 9 50 $3,530 10 8414 10 10 50 $3,639 11 8414 10 11 50 $3,283 12 8414 10 12 50 $3,064 13 8414 10 13 75 $4,435 14 8414 10 31 75 $4,217 15 8414 10 16 50 $1,072 16 8414 10 17 50 $3,352 17 8414 10 18 50 $3,122 18 8414 10 32 75 $4,175 19 8414 10 35 75 $4,123 20 8414 10 34 50 $1,072 21 8414 10 24 50 $1,072 22 8414 10 25 �Jl. 4 0 $6,999 23 8414 9 31 98.79 $1,721 24 8414 9 26 50 $3,464 25 8414 9 25 50 $3,464 26 8414 9 24 50 $2,889 27 8414 9 23 50 $3,694 28 8414 9 22 25 $1,039 29 8414 9 29 75 $4,662 30 8414 9 19 50 $3,419 31 8414 9 18 50 $2,764 32 8414 9 17 50 $2,889 CA W lNDO W MTEMMCiry of BMdwm Park A.+sessmenl.doc 1 7 Signed Title ASSESSMENT NO. BOOK PAGE PARCEL NO. FRONT FOOTAGE TOTAL COST 33 8414 9 16 50 $2,889 34 8414 9 15 50 $2,889 35 8414 9 14 50 $2,947 36 8414 9 13 50 $2,812 37 8414 9 12 50 $2,889 38 8414 9 11 50 $2,947 39 8414 9 30 50 $3,254 40 8414 9 28 50 $2,947 41 8414 9 7 50 $2,889 42 8414 9 6 50 $2,957 43 8414 9 5 50 $871 44 8414 9 4 50 $2,812 45 8414 9 3 140 $6,909 TOTAL $142,235 DEPARTMENT OF PUBLIC WORKS c:1WrNPowslTEMPCiry.fUd i. Pik A— t.d- 12 CITY OF BALDWIN PARK BALDWIN AVENUE (NORTH SIDE) ASSESSMENT DISTRICT 2000 -1 NAME AND ADDRESS OF PROPERTY OWNERS ASSESSOR'S PARCEL NO. 8414 -009 -003 Richard & Maria G. Guerra 14405 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -004 Antonio, & Irene G. Renteria & Guadalupe Contreras 14419 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -005 Jose M. & Maria D. Perez 14423 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -006 Margaret J. Cassidy 14427 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -007 Margaret J. Cassidy 14427 Baldwin Ave. Baldwin Park, CA 91706 8414- 009 -028 Irene Lewis 14439 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -030 Armando D. Valles 14501 Baldwin Ave. Baldwin Park, CA 91706 8414- 009 -011 Emiliano & Valentina Vasques 14509 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -012 8414 -009 -013 8414 -009 -014 Stephen M. Freudiger 14513 Baldwin Ave. Baldwin Park, CA 91706 Santiago, Maria G. & Juan M. Graciano 14517 Baldwin Ave. Baldwin Park, CA 91706 David & Ernestine Martinez 14523 Baldwin Ave. Baldwin Park, CA 91706 CAMy Ave Engineers Repmftc 13 8414 - 009 -015 Antonio & Rufina Marquez 14527 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -016 Ivan L. Jodean E. Bollerman 14533 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -017 Alfredo V. & Micaeia Bagues 14539 Baldwin Ave. Baldwin Park, CA 91706 8414 -009 -018 Raul & Maria Valle 14545 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -019 Micahel D. & Olga Adamo 14601 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -029 Abel & Macaela Garcia 14609 Baldwin Ave. Baldwin Park, CA 91706 8414009 -022 HR & Eva E. Moreno 11549 Whittier Blvd. Whittier CA, 90601 (mailing address) 8418 -009 -023 HR & Eva E. Moreno 14617 Baldwin Park Baldwin Park, CA 91706 8414 - 009 -024 Maria R. & Patricia Cruz 14623 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -025 Marion R. Rozumalski 14629 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -026 Charles W. & Jessie Almada 14633 Baldwin Ave. Baldwin Park, CA 91706 8414 - 009 -031 C:1My Pocumuntfilletrcrs`aganl8aldwin Ave Engineers Repor doe Filemon & Jaunita Leon 14641 Baldwin Ave. Baldwin Park, CA 91706 14 Nor BALDWIN AVENUE (SOUTH SIDE) ASSESSMENT DISTRICT 2000 -1 NAME AND ADDRESS OF PROPERTY OWNERS ASSESSOR'S PARCEL NO. 8414- 010 -025 Jose Garcia & Mayra & Aurliano G. Vargas 4976 Maine Ave. Baldwin Park, CA 91706 8414 -010 -024 Chick S. & Big S. Chan 14418 Baldwin Ave. Baldwin Park, CA 91706 8414- 010 -034 Edgar M., Mikeiy & Cruz M. Urrutia 14420 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -035 Hildeherto S. & Dora F. Ortiz 14428 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -032 Genstar MTGE Corp, 14436 Baldwin Ave. Baldwin Park, CA 91706 8414 - 010 -018 Jose L. Gonzalez 14502 Baldwin Ave. Baldwin Park, CA 91706 8414 - 010 -017 Ramon & Maria Ruesga 14508 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -016 Pedro & Lourdes Calderon 14512 Baldwin Ave. Baldwin Park, CA 91706 8414 - 010 -031 Ivan & Jodean E. Bollerman 14518 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -013 C:,My A- Eng' me ILep —d. Ivan & Jodean E. Bollerman 14526 Baldwin Ave. Baldwin Park, CA 91706 1,, 8414 -010 -072 Tony G. & Betty Meza with TRS Meza Family Trust 14532 Baldwin Ave. Baldwin Park, CA 91706 8414 - 010 -011 Victror M. & Esther Gamboa 14538 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -010 Pablo Palafox & Jose Viramontes 14540 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -009 Damian A. & Guadalpe Sandoval 14602 Baldwin Ave. Baldwin Park, CA 91706 8414 - 010 -008 Alfredo & Martha S, Esparza 14608 Baldwin Ave. Baldwin Parr, CA 91706 8414- 010 -007 Carlos A. & Martha Pulido 14612 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -006 Ramon A. & Eva I. Gonzalez 14616 Baldwin Ave. Baldwin Park, CA 91706 8414 -010 -005 8414 -010 -004 8414- 010 -003 8414 -010 -002 8414 -010 -001 CAMy Docu - Oktt —e j;.\Wdwin Arc Fogia - Repm.d.o Raul M. & Maria C. Chavez 14622 Baldwin Ave. Baldwin Park, CA 91706 Ana P. Perez 14628 Baldwin Ave, Baldwin Park, CA 91706 Abel & Eva Perez 14632 Baldwin Ave. Baldwin Park, CA 91706 Maria G. Sandoval 14638 Baldwin Ave. Baldwin Park, CA 91706 Eleanor H. Patterson 14640 Baldwin Ave. Baldwin Park, CA 91706 i6 ASSESSMENT DIAGRAM OF BALDWIN AVENUE ASSESSMENT DISTRICT NO. 2000-1 CITY OF BALDWIN PARK. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA FILING FILED IN THE OFFICE OF THE CLERK. CITY OF BALDWIN PARK. THIS -- - - -- DAY OF -------------- 2001. CITY CLERK AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS. PIECES AND PARCELS OF LAND SHOWN OW THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE ____ DAY OF ---------- 2001. THE ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF BALDWIN PARK ON THE ______ DAY OF __ ------------ . 2001. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN DN THIS ASSESSMENT DIAGRAM. CITY CLERK NOTE: REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE COUNTY OF LOS ANGELES FOR A DETAILED DESCRIPTION OF THE LIDS AND DIW14SIONS OF ANY PARCELS SHOWN HEREIN. WHICH MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES ANO DIMEcNSIONS OF SUCH PARCELS. ------ _ - _ I _. MAINE RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS. CITY OF BALDWIN PARK THIS ------ DAY OF -------------- 2001. DIRECTOR OF PUBLIC WORKS CITY OF BALDWIN PARK FILED THIS _____._ DAY OF ________ _. 200t. AT THE HOUR OF _ O'CLOCK __-M- IN BOOK -_ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS. AT PAGE IN THE HE OFFICE OF THE COUNTY RECORDER OF T COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. LEGENDS COUNTY RECORDER COUNTY OF LOS ANGELES O PARCEL NO. IBOOK 8414. PG. 99 PARCELS NORTH SIDE PG. 109 PARCELS SOUTH SIDE El AS NOTED ASSESSMENT ice. r r DISTRICT BOUNDARY "o,s�_ 0 SCALES 1 "$D' S AVE. _ -- 17 �a r 1 r ASSESSMENT DISTRICT NO. 2000 -1 BALDWIN AVENUE CERTIFICATIONS I, The City Clerk of the City of Baldwin Park, hereby certify that the foregoing Assessment, in the amount set forth in Column (1), with the diagram thereto attached, was filed with me on , 2001. Kathryn V. Tizcareno I have prepared this Engineer's Report and do hereby certify that the amounts set forth in Column (2) under Engineer's Estimate on page 1 of the Assessment, and the individual amounts in column (2) under "Assessment" on the foregoing pages of this assessment, have been recomputed in accordance with the order of the City council if said City, as expressed by its resolution No. I duly adopted by said Council on 2001; provided, however, that if column (2) is blank, the figured in column (1) were confirmed without change. Dated: . 2001. Shafique Naiyer Title Director of Public Works I, The City Clerk of the City of Baldwin Park, California Hereby certify that is Assessment, in the amounts set forth in column (2), unless column (2), is blank, in which event the amounts in column (1) apply;with the diagram thereto attached, was approved and confirmed by the City Council of said City on , 2001. Kathryn V. Tizcareno 1, the -Superintendent of Streets of the City of Baldwin: Park, County if Los Angeles, California, hereby certifies that his assessment, together with the diagram attached, was recorded, in my office on , 2001. Shafique Naiyer, Superintendent of Streets Notice of Assessment was recorded and the assessment Diagram was filed in the office of the County Recorder of the County of Los Angeles, California, on , 2001. Kathryn V. Tizcareno C:MNDOWS1TEMP1City d Baldwin Park Asstssme.U. 18 XVII. AGREEMENT This Agreement (hereafter "Agreement ") is made and entered into by and between the City of Baldwin Park, a general law city (hereafter "City ") and Q)9-C ' WITNESSIETH: The parties hereto agree as follows: (hereafter "Contractor ") SECTION 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) That City has heretofore solicited sealed public bids for Reconstruction of Baldwin Avenue CIP 870(hereafter "Project "); and (b) That Contractor has submitted a timely bid proposing to accomplish the work and material required for said Project; and (c) That the City Council of City has determined, in accordance with all applicable laws, that Contractor's said bid constitutes the lowest responsible bid and has awarded said bid to said Contractor, and (d) That Contractor is fully qualified to perform the work required to complete the Project, and has agreed to do so upon the terms set forth in this Agreement; and (e) That the City Council has determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. Contract Documents. The Contract Documents, are as set forth in Exhibit A hereto, which are incorporated herein by reference and made a part of this Agreement as though set forth in full. Any discrepancies or ambiguities between Contract Documents shall be resolved by the City Engineer. SECTION 3. Work. Contractor agrees to perform all work, and supply all material, necessary and convenient to cause the Project to be timely completed in accordance with the Contract Documents. SECTION 4. Change Orders. Change orders shall be approved only in accordance with the following: (a) City shall notify the,Contractor of all pertinent data and a description of the addition or deletion; and 29 (b) 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. If the parties agree upon the terms of a change order, it shall be reduced to writing and executed by the parties hereto. Quotes for items of work added or credits for items of work deleted shall be based upon the Contractor's Bid Proposal for the same or similar items of work set forth therein, provided such costs shall be adjusted to take into account any cost of living adjustment, based upon cost of living calculations issued for the Los Angeles- Anaheim area by the U.S. Department of Labor. The method of payment for additional work shall be made as provided in the Contract Documents. (c) No payment shall be made for any work not included and described in the Contract Documents unless a signed change order exists authorizing the same. SECTION 5. Term. This Agreement shall be in effect for a period of thirty (30) consecutive calendar days, commencing on The term may be extended by mutual agreement of the parties hereto, expressed in a written amendment to this Agreement. SECTION f. Compensation. Contractor shall accept as full compensation for his/her services rendered hereunder in the amounts set forth in the Contract Documents, together with any amount authorized by an approved change order. Contractor shall be entitled to progress payments in accordance with the Contract Documents. SECTION a. Warran . The parties hereto represent and warrant to each other that the persons executing this Agreement on their behalf are fully authorized and empowered to enter this Agreement and that no consent or approval from any other person, group, or entity is necessary to the enforceability of this Agreement. SECTION 8. Binding Effect. This Agreement and each and every covenant, condition and term herein, shall be binding upon an inure to the benefit of the respective successors in interest to the parties to this Agreement. SECTION 9. Severability. If any term, condition or covenant of this Agreement, or the application hereof to any person or circumstance shall be invalid or unenforceable, the remainder of this Agreement, other than those paragraphs held invalid or unenforceable, shall be unaffected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 10. IndemnitV. Contract does hereby indemnify and hold the City, it's appointed and elected officials, agents and employees free and harmless from any claim, demand or judgement arising out of the activities of Contractor's officers, agents or employees in performing services pursuant to this Agreement. 30 SECTION 11. Insurance. Notwithstanding the provisions of this paragraph relating to required insurance coverage, Contractor's indemnity obligation set forth in Section 10 of this Agreement shall not be deemed satisfied solely by Contractor's compliance with this Section 11. At all times during the term or any extended term of this Agreement, Contractor shall maintain in force a policy or policies of liability insurance in minimum coverages, amounts and companies as approved by the City Engineer. Contractor shall maintain all insurance required by this Agreement, and by applicable law including, but not limited to, a policy of Workers' Compensation Insurance covering all his/her employees or be self - insured with respect to such Workers` Compensation in accordance with the laws of the State of California. Certificates evidencing the existence of such insurance coverage shall be filed with the City prior to the effective date of this Agreement, and correct certificates shall be maintained on file with the City Clerk during the term hereof. Each such certificate shall bear endorsements naming the City, it's elected and appointed officers, agents and employees, as additional insured on all such policies of liability insurance. Each said certificate shall also provide that the policy to which it relates shall not be materially altered or terminated except after thirty days (30) notice to City. SECTION 12. Liquidated Damages. The parties agree that any delay in the completion of work required pursuant to this Agreement by Contractor will result in substantial damage to City. The parties also have agreed that the mature and extent of damage to City in the event of delay in completion of such work would be difficult if not impracticable to ascertain with any degree of accuracy. Accordingly, the parties have agreed that this provision for liquidated damages is reasonable and necessary. The parties have agreed, as a part of the bid process, that the sum of $500.00 per calendar day for each day's delay in the performance by Contractor of the work hereunder, is a reasonable sum as and for liquidated damages and shall not be deemed a penalty. SECTION 1.3. Compliance with all Laws. Contractor does hereby agree to comply with the Baldwin Park Municipal Code and all other applicable laws. SECTION 14. Amendment. This Agreement shall not be modified except by an agreement in writing signed by both parties. SECTION 15. Assignment. This Agreement shall not be assigned, in whole or in part, by Contractor, without the prior written consent of City. SECTION 16. 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 it's lawful successor, postage prepaid, addressed as followed: City: Director of Public Works City of Baldwin Park Agency 14403 East Pacific Avenue Baldwin Park, CA 91706 31 SECTION 17. Effective Date. The effective date of this Agreement shall be it 'l c9w n 2..001 12001, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. DATED: 2001. City: Citv of Baldwin Park By: DATED: � ,.m9l" By: ( 51 X00 i 32 RCITY OF BALDWIN PARK e MEMORANDUM BALDWI N P . A - R., K TO: Mayor and City Council Members FROM: Dayle Keller, Chief Executive Officer DATE. June 6, 2001 CITY COUNCIL AGENDA SUBJECT: Housing Commission Appointment to : Fill the Unscheduled Vacancy of Office No. 6, with a Term Expiration of June 30, 2003 (Tabled from May 16, 2001 City Council Meeting) P( IRPCiSF The purpose of this report is to request the City Council to appoint a member to Office No. 6 of the Housing Commission. DISCUSSIONIBACKG ROUND At its meeting held May 16, 2001, the City Council unanimously voted to table this matter to June 6, 2001. This matter was previously before the City Council at its meeting of March 7, 2001, for consideration to fill the vacancy that was created on the Housing Commission. A vacancy was created due to the resignation of tenant Housing Commissioner Patricia Graham, Office No. 6. In accordance with Section 32.21(c), Office Nos. 6 and 7 are designated to be held by persons who are tenants of the housing authority. During the previous application process, there were no tenant applications received for consideration of appointment and staff was directed to re- recruit within our housing tenant individuals. On April 11, 2001, two- hundred nineteen notices were mailed to tenants of the authority. A total of five applications have been received, as follows: NEW APPLICANT Acosta, Rose Chacon, Ruben Estrada Melendez, Marina Pearson, Rosie Savage, Marionette ... __� Copies of the applications are attached. Housing Commission Appointment June 6, 2001 Page 2 RECOMMENDATION It is recommended that the City Council take nominations for the Housing Commission office No. 6 with a term expiration date of June 30, 2003 and adopt Resolution No. 2001 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL- OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2001 -026, APPOINTING A MEMBER TO THE UNSCHEDULED VACANCY CREATED ON THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK ". Report prepared by: Rosemary M. Ramirez, Deputy City Clerk Rou BALDWI N P. 1A�_ , R y K CITY OF BALD WIN PARK MEMORANDUM TO: Mayor and City Council Members FROM: Dayle Keller, Chief Executive Officer DATE: May 16, 2001 CITY COUNCIL AGENDA MAY 1 6 2001 ITEM N0. _.3 0* SUBJECT: Housing Commission Appointment to Fill the Unscheduled Vacancy of Office No, 6, with a Term Expiration of June 30, 2003 PURPOSE The purpose of this report is to request the City Council to appoint a member to Office No. 6 of the Housing Commission. DISCUSSION This matter was previously before the City Council at its meeting of March 7, 2001, for consideration to fill the vacancy that was created on the Housing Commission. A vacancy was created due to the resignation of tenant Housing Commissioner Patricia Graham, Office No. 6. In accordance with Section 32.21(c), Office Nos. 6 and 7 are designated to be held by persons who are tenants of the housing authority. During the previous application process, there were no tenant applications received for consideration of appointment and staff was directed to re- recruit within our housing tenant individuals. On April 11, 2001, two - hundred nineteen notices were mailed to tenants of the authority. A total of five applications have been received, as follows: NEW APPLICANT Acosta, Rose Chacon, Ruben Estrada ele Pearson, Rosie Savage, Marionette Copies of the applications are attached. Housing Commission Appointment May 16, 2001 Page 2 RECOMMENDATION It is recommended that the City Council take nominations for the Housing Commission office No. 6 with a term expiration date of June 30, 2003 and adopt Resolution No. 2001 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2001 -026, APPOINTING A MEMBER TO THE UNSCHEDULED VACANCY CREATED ON THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK ". Report prepared by: Rosemary M. Ramirez, Deputy City Clerk ❑ Re- Appointment CITY OF BALDWIN PARK 10 New Application APPLICATION FOR APPOINTMENT RECEIVED APR 2 4 2001 TO CITY COMMISSIONS AND COMMITTEES CITY OF BALDWIN PARK And CITY CLERK'S DEPARTNAENT STATEMENT OF QUALIFICATIONS Consideration of Appointment Requested for the Following Commission: Housing Commission (Tenant) PERSONAL INFORMATION: Residence Address Q3, Ptew7c- Aut57 A79� Length of time at this Address: Previous Address: 3ODo Aj' 111GjEtA x4� 1AP" n � Home Phone No. ) y i ��2' Message Phone No. Employer j KC av S,,i0t,01V Business Phone No. � ' o % y— ?7 � Date of Birth I �-t f �1 �f� Marital Status: 5xi e Do you have Children: If yes, their ages: 0 3 4! s 61 [ Do you currently serve as an elected official for any board and/or agency within the City of Baldwin Park? EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7$ 9 10 7 7 12 High School Graduate? � G.E.D. ? x6 Name and Location of College or University Course of Study Degree ie of Business/TechniCaIrrechnical School Course of Stud EMPLOYMENT INFORMATION / EXPERIENCE: (Begin with your most recent experience. List all experience in last seven years) Name and Address of Employer(s) Position Title Duties way, .Uhl &t___ REFERRALS: Please provide the names of three (3) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. e Address _Phone No. C'l� 1Y If L .'_l4 ilia 7__ l s �:1 ZZ o W i>t cl��1 i (o S- (c 3 S Cate Signature Name ( !� Gb l Commission Requested: TENANT" HOUSING COMMISSIONER STATEMENT OF QUALIFICATIONS: Use this space to fist your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feet will be beneficial to the Council in consideration of your appointment to this commission. i OA-) I� S 60V-A vk4 c7e; it 647 ,1 AJ r, Au6--6"j !� d /A-& s S - FEE ANA /-c,o A A) S 6X4 iN " /j�2sr A /9 64u 7t a a iv [ :c) ,� l� A -1 � w(�� W4AII Jdb-S-Sl PLC t k) LIJ (A o LIS ( (J ✓ A � (i - t l D -iA:rC kJ! � �� L.S l S J I`IX 1 Date:_ C�3��af ignature No ice.: Please be advised that you and your qualifications may be discussed by the City Council at are open meeting. TIlis Applicatipn a�,d Statement of Qualification will be kept on file for two (2) years and will be considered each time a vacancy occurs in the ccmr%Fsion for which you have requested consideration of appointment. ❑ Re- Appointment CITY OF BALDWIN PARK RECEIVED Application APPLICATION FOR ,APPOINTMENT TO CITY COMMISSIONS AND COMMITTEES APR 2 5 20Ci And STATEMENT OF QUALIFICATIONS CITY of BALUMN PARK Consideration of Appointment Requested for the Following Commission: Housing �ommission errant PERSONAL INFORMATION: RUBEN ESTRADA: CHACON Residence Address Length of time at this Address: l0 yrs Previous Address: N/A Nome Phone No. 62 6 960 -0516 Message Phone No NONE Employer_ r ErE Business Phone No. NCSC\iF Date of Birth 0 2 113 / 6 3 .. Marital Status: signal Do you have Children: no If yes, their ages: Do you currently serve as an elected official for any board and/or agency within the City of Baldwin Park? NO EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 x191 High School Graduate? YES G.E.D.? Name and Location of College or Universi Course of Study Degree MOUNT,SACti BOSSINESS MANAGEMENT ATTEND ING SANDRA, E•.-, PAMOS 3802 Athol, BP. 626 962- 0050. ne of Business/Technicalffechnical School Course of Stud 626 939 - 4456.. EMPLOYMENT INFORMATION /EXPERIENCE: (Begin with your most recent experience. List all experience in last seven years) Vons Inc STREET VENDER ORDERING STOCK,.'i3UUx- 777 S. GLENDORAi.,WEST C VNIAr PPKEEPING, AND SELLIING,-. BALDWIN PARK ADULT SCHO L TEACHER's Aide Grading papers,, and 13307 FRANCISQUITO,BP; A working the students. REFERRALS: Please provide the names of three (3) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone Nn _ DEBBIE JERSON 13307 Francisgito,BP 626 338 - --5115 SANDRA, E•.-, PAMOS 3802 Athol, BP. 626 962- 0050. DEBBIE S. KERR 4640 -MAINE AVE, B:P. 626 939 - 4456.. APRIL 23, 2001 Art rte\ \1 Date Signature Name RUBEN ESTRA}A Cher_ o Comr.7ission Requested: TENANT HOUSING COMMISSIONER STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should e appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 7 Date: _— _..._a-r-i I 24r 2 0 01 seeacck Signature notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. 'I-,;s An !I; a:ior, and Statement of Qualification Mf be kept on file for two 2 p {)years and wiEl be considered each time a vacancy occurs ifs the coTim ission for which you have requested consideration of appointment. STATEMENT OF QUALIFICATIONS My goal and objectives are to build more affordable housing for lore - income residents and the disabled within the city of Baldwin Park. My first mission on the commission will be to build accessible apartments for the disabled. This group is often overlooked. We ne,,d more units for ours senior citizens as well. My second mission will be to suggest to the city council a rent control law within the city. I will work with ,he Baldwin Parl._ Beautiful Program by volunteering my time to make Baldwin Park a beautiful place to live. Finally my goal is to open the city's awn vacant houses, and put tenants from the housing program there, instead of tearing them down for more businesses. The people from our community need more affordable housing for our section 8 tenants. I want to sit on the Housing Commission because I know the landlord and tenant rights. I have had a lot of experience with landlords. I have studied property law and tenants rights. I will do my best to ensure housing for someone who wants to live in the city of Baldwin Park and to build a stronger city to live in. In summary, my goal and objectives will be to build accessible apartments for ours disabled and senior citizens suggest a rent control law, and to build more affordable housing for everyone. ME . i . k Date: April 24, 2001 RECEIVEC) ❑ Re- Appointment CITY OF BALDWIN PARK APR R1 New Application APPLICATION FOR APPOINTMENT CUtJ TO CITY COMMISSIONS AND COMMITTEES CITY OF SALDVvIN PARK And CITY CLERKS DEPARTMENT STATEMENT OF QUALIFICATIONS Consideration of Appc ritment Requested for the Following Commission: Housing Comrrtission {Tenant) ............ . PERSONAL INFORMATION: Name Residence Address c), / � � ' 11 �6/ /C- C lq 3— Length of time at this Address: J Previous Address: Dome Phone No_ 6,26 57 7 i`f ' 7� Message Phone No, El Business Phone No. Date of Birth s Marital Status: _y!5 -,_Do you have Children: If yes, their ages:_ �y�'.I/I „_$�VeG5 Do you currently serve as an elected official for any board and /or agency within the City of Baldwin Park? EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? �)�t S G.E•D.? EMPLOYMENT INFORMATION I EXPERIENCE: (Begin with your most recent experience. List all experience in last seven years) Name and Address of Em to er s I Position Title Duties REFERRALS: Please provide the names of three (3) persons, who are not City of Baldwin Park 0ected or Appointed Officials and who can comment on your capabilities and character. Name Address _ Phone No. 9 �1 5j� - b / Date gnature Name Commission Requested: TENANT HOUSING COMMISSIONER STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. k4p 41" ✓- 1 i r + � f p4� , ✓v1t4 55 1��( stn -fn 4-h4 rte•/ . !i �f �`,f k a,✓ z P-6 v U/N gov V Gib ,� �' c! D,4 o 5- 'latl N01 j S nature se be advised that you and your qualifications may be discussed by the Cty Council at an open meeting. �n and Statement of Qualification will be kept on file for two (2) years and will be considered each time a vacancy occurs ion for which you have requested consideration of appointment. ❑ Re- Appointment CITY OF BALDWIN PARK RECEIVED 10 New Application APPLICATION FOR APPOINTMENT APR 1 8 ZDBi TO CITY COMMISSIONS AND COMMITTEES CITY OF8X,LD ,PARK STATEMENT OF QUALIFICATIONS �L °UENT Consideration of Appointment Requested for the Following Commission: Housing Commission (Tenant) PERSONAL INFORMATION: Na �iV ( i ") _0 ( ') -) Residence Address] t c._ Length of time at this Address r-- Previous Address: ? ): ! t.1 PA Home Phone No. ( �� ;? )�� f J e'� Message Phone No( L, (r�� Employer Business Phone No. J € Date of Birth I rL Marital Status: Do you have Children: :t If yes, their ages: t t , r Do you currently serve as an elected official for any board and/or agency within he City of Baldwin Park? ! U 0 EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 6 High School Graduate? i D.? Name and Location of College or Universily Course of Study Degree V0 I ne of Business/Technical/Technical School Course of Stud V 5 EMPLOYMENT INFORMATION 1 EXPERIENCE- cx,'U 11_ � (Begin with your most recent experience. List all experience in l st seve ears) REFERRALS: Please provide the names of three (3) persons, who are not City of Baldwin Park Elected or Appointed Officials and w oc ancor meet 0 our capabilities Ewd character. J /'f i f\ %l FI �.• i � s _`T .G i Name Address Phone No _ _ Ct Date Signature < i C J� I L Name_ }�C11. �_P Commission Requested: TENANT HOUSING COMMISSIONER Date STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 6 -)- I-) a --, /r tLrknAd)AA t9A1 �-7 t_'kh A:D m 1 -7 1 Signature h () 1/-Y J Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This F id Statement of Qualification will be kept on file for two (2) years and will be considered each time a vacancy occurs in the (or which you have requested consideration of appointment. El Re- Appointment Q New Application CITY OF BALDWIN PARK APPLICATION FOR APPOINTMENT TO CITY COMMISSIONS AND COMMITTEES RECEIVED AFB 3 0 2001 �r"' And CITY OF BAl_DWItd PARK, STATEMENT OF QUALIFICATIONS C) T1Y CLERK',S DrINMTMENT Consideration of Appointment Requested for the Following Commission:Tousang Cot.�missic�n (Tenant) PERSONAE INFORMATION-. � Name Name �/) � / Q /�� � I I%'V, $' c,r - - - - ../ Residence Address 7 0 Ci/6 C` Length of time at this Address: � ��C'.S Previous Address: vG 7e Home Phone No. 96 C?' l ( iV?`essage Phone No. Employer _ c3 W Business Phone No. Date of Birth_'` / 3- Marital Status: S Do you have Children: If yes, their ages: 2 3 3 C' Do you currently serve as an elected official for any board and/or agency within the City of Baldwin Park? fiJ EDUCATION: /� Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 i2 1 High School Graduate? G.E.D.? Name and Location of College or University Course of Study Degree. 0 a�5 .`", r f "�j d/ M FJ iY� d h%i S S C !7 1Q ne of BusinesslTechnicalfTechnical School Course of Stud EMPLOYMENT INFORMATION l EXPERIENCE: (Begin with your most recent experience. List all experience in last seven years) Name and Address of Emplo rimers Position Title Duties W w e-"w cJ • ' cl 61(Il 7 i'ra A) A J %v T "- r J✓fs L D i:� sT T t /�` - i=; E= G. /� "' r G REFERRALS: Please provide the names of three (3) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment can your capabilities and character. Name Address Phone No. _ o S c._ L 1' r�; �_ S 1 , , Dot; ��; C � 3 E � (�� �, � , C � ( Ci Date Signature Name l i E "- ._ � _.�- .IQ.�L.._�.� J A e- i t-W q, c Commission f;equested: TENANT HOUSING COMMISSIONER STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of you, appointment to this commission. All L Silt C. C rn 4 IF IU)Q Aft— C 4 cUU� I s� Date: Signature Notico: Pl ease be adOsed that you and your quaHfications may be discussed by the City Counci# at an open meeting. r.1 Statement of Qualification will be kept on fife for two (2) years and will be considered each tfine a vacancy occurs X11 thy: Ior which you have requested consideration of appointment. RESOLUTION NO. 2001 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2001- 026, APPOINTING A MEMBER TO THE UNSCHEDULED VACANCY CREATED ON THE HOUSING COMMISSION, OFFICE NO. 6 WHEREAS, Housing Commission Member Patricia Graham (Office No. 6) has resigned from the Housing Commission whereby causing a vacancy to exist. WHEREAS, the term for the unscheduled vacancy of Office No. 6 is for the unexpired term through June 30, 2001, and the term for the unscheduled vacancy of Office No. 6 is for the unexpired term through June 30, 2001 WHEREAS, on March 7, 2001, the City Clerk was directed to re- recruit for the housing commission unscheduled vacancy within tenant of the authority; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDIWN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the City Clerk mailed two hundred nineteen notices to tenant commissioners. A total of five applications were received as follows: Rose Acosta; Ruben Chacon, Ruben Estrada, Marina Melendez, Rosie Pearson and Marionette Savage. Section 2. That the following named person is hereby appointed to fill the unscheduled vacancy as a member of Office No. 6 of the Housing Commission of the City of Baldwin Park. Such appointee shall hold office at the pleasure of the City Council and serve for the unexpired term as follows: Office 1 - B. Oscar Marin Office 2 - Cecilia Diaz Office 3 - Gloria Gonzalez Office 4 - Margarita R. Vargas Office 5 — Sally A. Wieck Office 6 — (tenant Commissioner) Office 7 — Lilly Lee Bailey (tenant Commissioner) for the term expiring June 30, 2001 for the term expiring June 30, 2001 for the term expiring June 30, 2001 for the term expiring June 30, 2001 for the term expiring June 30, 2003 for the term expiring June 30, 2003 for the term expiring June 30, 2001 Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to said appointee and to the Housing Commission Secretary. Resolution No. 2001 -0048 Page 2 PASSED, APPROVED and ADOPTED this 16th day of May, 2001. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK ) I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on May 16, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, CMC Deputy City Clerk xati,ryn V. ri,,careno TO FILL AN UNSCHEDULED VACANCY c ON THE cv c�erk HOUSING COMMISSION NOTICE IS HEREBY GIVEN, that due to an unscheduled vacancy created on the Housing Commission (tenant position), the City Council of the City of Baldwin Parr is accepting applications to fill the vacancy as follows: HOUSING COMMISSION Office No. 6 — Term Expires June 30, 2003 (Tenant Commissioner) `Meetings are Feld as needed and members receive $50.00 compensation plmeeting. For additional information, please call the Housing Department at (626) 869 -7500, ext. 558 or 555. This appointment is available only to tenants of the Baldwin Park Housing Program. Interested persons may obtain an Application for Appointment and Statement of Qualification form from the Office of the City Clerk, at City Hall, 2n, Floor, 14403 E. Pacific Avenue, Baldwin Park, California. Application and Statement of Qualifications forms must be filed with the City Clerk no later than 6:00 p.m,, April 30, 2001. The City Council will consider the appointment to fill these vacancies at their meeting to be held May 16, 2001. Rosey6a a irez, CMC Deputy City C! rk DATED: April 11, 2001 E■ M BALDWIN 1' •A - R� KK TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK CITY COUNCIL AGENDA 6 2081 ITEM NO. STAFF REPORT Mayor and City Council Shafique Naiyer, Director of Public Works June 6, 2001 RESIDENTIAL WARRANTS FOR STOP AND YIELD SIGNS (CONTINUED FROM THE MAY 16, 200'1 COUNCIL MEETING) This report requests that the City Council approve new residential warrants for stop signs and yield signs within the City of Baldwin Park. BACKGROUND AND DISCUSSION To date, the City of Baldwin Park has been utilizing warrants established by the California Department of Transportation Traffic Manual and the Manual on Uniform Traffic Control Devices (Federal Highway Administration) for establishing guidelines for the installation of stop and yield control at City intersections. At the April 18, 2001 City Council meeting, the City Council directed staff to investigate the placement of traffic signal /stop signs at the intersection of Los Angeles Street and HornbrookAvenue and the Engineering Division has received a request for signal /stop sign at the intersection of Palm Avenue and Merced Avenue. The Engineering Department hired Minagar and Associates, a traffic consultant, to study traffic signal and stop signs at both intersections. Based on the State of California's Traffic Manual both intersections did not meet warrants for traffic signal or stop sign. As part of this investigation, the consultant examined alternative stop sign warrants, which have been adopted by other agencies such as the City of Chino Hills and the City of Los Angeles. The City of Los Angeles Department of Transportation has developed several new warrants, which are to be used in residential areas. These new warrants were developed at the request of the Los Angeles City Council to address traffic safety around schools and in residential areas of the City. Copies of these warrants are attached. During the City Council meeting on May 16, 2001, Mayor Pro Tern Linda Gair requested staff to come back with clarification on the impact of adopting City of Los Angeles Stop Sign Warrants. We have outlined in detail the differences between the State and the City of Los Angeles Stop Sign Warrants as indicated below The highlights of the difference between the City of Los Angeles stop sign warrants and Caltrans stop sign warrant is as follows: 1. Minimum Volume Warrant: The minimum volume warrant is changed from a minimum of eight (8) hours to six (6) hours. 2. Accident Warrant: The minimum accident warrant is changed from five (5) accidents in a 12 -month period to three (3) accidents in a 12 -month period. 3. Intersection of Collector Streets: This is a new warrant which allows for the installation of all -way stop control at the intersection of two (2) designated collector streets. 4. Peak Hour Residential Warrant: This warrant allows for the installation of all -way stop control in a residential area where the two (2) hour peak traffic volume meets the minimum traffic volume requirements of the Residential Warrant Chart. 5. School Area All-Way Sta Si ns: This warrant allows for the installation of all -way stop control adjacent to a school based on the traffic volume during the two (2) peak hours of the day. This warrant requires a total of 350 vehicles on all approaches and a minimum of 140 vehicles and pedestrians on the side street. 6. Yield Signs: This warrant allows for the installation of yield signs on the stem of a "T" intersection where the safe approach speed is less than 15 MPH and it is necessary to assign right-of-way, but where a stop is not necessary at all times. By adopting this policy more intersections can quality for stop signs which will require additional funding. This report has been reviewed by the Police Department and Traffic Committee Members. FISCAL IMPACT The Financial Impact can not be determined at this time, however, it will be determined by number of intersections warranting stop or yield signs. Approximately, it costs $800 to install four signs at one intersection. Gas Tax Funds will be utilized for this type of work. There is no impact on the General Fund. RECOMMENDATION It is recommended that the City Council adopt a policy to utilize the City of Los Angeles warrants for residential areas for stop and yield controls. Arjan Idnani Engineering Manager SN:AI:an Traffic Manual TRAFFIC SIGNALS AND LIGHTING 9 -7 7-IM Figure 9 -1 TRAFFIC SIGNAL WARRANTS -..7 _-- L {A CALC FS K DATE 'jI 6C6i DIST Co RTE KPM CHK FM DATE L1 Major St_ Avlw 0 a Critical Approach Speed 6rk, krnfn Minor St: PPrW AVIPNUV. Critical Approach Speed 40 km/h Critical speed of major street traffic > 64 knVh -- — — — _ _ _ ❑ or RURAL (R) In built up area of isolated community of < 10.000 pop- _ — — — _ — _ — _ ❑ ❑ uReAN itl WARRANT 1 - Minimum Vehicular Volume 100% SATISFIED YES ❑ NO 80% SATISFIED YES ❑ NO WARRANT 2 - Interruption of Continuous Traffic MINIMUM REQUIREMENTS (BOY. SHOWN IN BRACKE'T'S) U I R R APPROACH t LANES Both ApprdM 750 $28 Maims swwt (600) (4W Hirst AW". 75 53 Mrtor Street 601 1 (421 2 or rrloWre IA-SA �►- I'- i00 630 boa �, rg-r i20 504 o0 7fl 94 . 91 80) (561 WARRANT 3 -Minimum Pedestrian Volume 100% SATISFIED YES ❑ NO 80% SATISFIED YES ❑ NO BMW 100% SATISFIED YES ❑ NO CR REQUIREMENT MINIMUM REQUIREMENTS Pedestrian volume crossing the major street is 100 or more (80% SHOWN IN BRACKETS) Yes ❑ No U R U R fic stream of adequate length for pedestrians to cross; 7A -t1A -cf -3' 4P -I;p -bP Z ?P .. Hoer APPROACH LANES 1 1 of more Both Apprchs. The now traffic signal will not seriously disrupt progressive 6600 420 Goa Sga 91; b7..L hV7 40's 947 5"at7 Major Street (400) (�) (336) HWwst Apprcn. 150 105 200 140 �4 `19 91 (a3 'r ic41 14& R'T Mnor Street 120 (84) (180) (112) WARRANT 2 - Interruption of Continuous Traffic MINIMUM REQUIREMENTS (BOY. SHOWN IN BRACKE'T'S) U I R R APPROACH t LANES Both ApprdM 750 $28 Maims swwt (600) (4W Hirst AW". 75 53 Mrtor Street 601 1 (421 2 or rrloWre IA-SA �►- I'- i00 630 boa �, rg-r i20 504 o0 7fl 94 . 91 80) (561 WARRANT 3 -Minimum Pedestrian Volume 100% SATISFIED YES ❑ NO 80% SATISFIED YES ❑ NO BMW 100% SATISFIED YES ❑ NO CR REQUIREMENT FULFILLED Pedestrian volume crossing the major street is 100 or more for each of any four hours or is 190 or more during any one Yes ❑ No hour, AM There are less than 60 gaps per hour In the major stmt traf. fic stream of adequate length for pedestrians to cross; Yes ❑ No The nearest traffic signal along the major street is greater Yes No ❑ I than 90 m; AM The now traffic signal will not seriously disrupt progressive tl flow on the major street. Yes ® No [� The satisfaction of a waMgnt is not necessarily }usti emlon for a signal: Delay, congestion, confusion or other evisisnce of the need for right- of -wray, assignment must be shown. 9 -8 TRAFFIC SIGNALS AND LIGHTING Traffic Manua! T -1996 Figure 9 -2 TRAFFIC SIGNAL WARRANTS WARRANT 4 - School Areas WARRANTS - Progressive Movement MINIMUM REQUIREMENTS Not Applicable ........ ............................... ❑ See School Protection Warrants Sheet SATISFIED DISTANCE TO NEAREST SIGNAL > 300 rn I N > 4CO m, S > m, E m, W M. ON ONE WAY ISOLATED STREETS OR STREETS WITH ONE WAY TRAFFIC SIGNIFICANCE AND ADJACENT SIGNALS ARE SO FAR APART THAT NECESSARY PLATOONING & SPEED CONTROL WOULD BE LOST .'¢------------------- ON 2 -WAY STREETS WHERE ADJACENT SIGNALS DO NOT PROVIDE NECESSARY PLATOONING AND SPEED CONTROL PROPOSED SIGNALS COULD CONSTITUTE A PROGRESSIVE SIGNAL SYSTEM WARRANT 6 - Accident Experience YES .❑ NO FULFILLED YES j] NO M r-5 SATISFIED YES ❑ NO REQUIREMENTS WARRANT FULFILLED ONE WARRANT WARRANT I - MINIMUM VEHICULAR VOLUME SATISFIED - - - - - - - - - - - - - - - - _ - - - - - - - - - - OR 80% WARRANT 2 - INTERRUPTION OR CONTINUOUS TRAFFIC YES ❑ NO SIGNAL WILL NOT SERIOUSLY DISRUPT PROGRESSIVE TRAFFIC FLOW ❑ ❑ ADEQUATE TRIAL OF LESS RESTRICTIVE REMEDIES HAS FAILED TO REDUCE ACCIDENT FREQUENCY ❑ ACC. WITHIN A 12 MONTH PERIOD SUSCEPTIBLE OF CORR. & INVOLVING INJURY OR a $500 DAMAGE - - - .. - - _ - - - - _ _ - - - - - - MINIMUM REQUIREMENT NUMBER OF ACCIDENTS 5 OR MORE 2- ❑ WARRANT 7 - Systems Warrant SATISFIED YES ❑ NO MINIMUM VOLUME REQUIREMENT I ENTERING VOLUMES - ALL APPROACHES IVI FULFILLED DURING TYPICAL WEEKDAY PEAK HOUR Clog' VEHIHR OR _ DURING EACH OF ANY 5 HRS. OF A SAT ANDIOR SUN. VEHIHR CHARACTERISTICS OF MAJOR ROUTES MAJOR ST. MINOR ST. HWY. SYSTEM SERVING AS PRINCIPLE NETWORK FOR THROUGH TRAFFIC V _ _ _ _ _ _ - RURAL OR SUBURBAN HWY OUTSIDE OF, ENTERING, OR TRAVERSING A CfTY _ _ _ - �. - APPEARS AS MAJOR ROUTE ON AN OFFICIAL PLAN .� _ _ r. _ _ V _ _ _ .. .. ANY MAJOR ROUTE CHARACTERISTICS MET, BOTH STREETS The satisfaction of a warrant Is not necessarily justification for a ssignaL Delay, congestion, confusion or, oth.w evidence of the need for rigs t-oi w4y swignment must be shown. : s w�. Traffic Manual TRAFFIC SIGNALS AND LIGHTING 9 -9 r -,s9s Figure 9 -3 TRAFFIC SIGNAL WARRANTS WARRANT 8 - Combination of Warrants SATISFIED YES ❑ NO REQUIREMENT WARRANT J FULFILLED TWO WARRANTS SATISFIED swo 1. MINIMUM VEHICULAR VOLUME Highest Approaches - Minor Street YES ❑ NO 2. INTERRUPTION OF CONTINUOUS TRAFFIC I cfq WARRANT 9 -Four Hour Volume Annrnnrh I -mnor 2 o SATISFIED* YES ❑ NO CR Both Approaches - Major Street -Z 1 fa0; fia�af 6th ,g-7 Highest Approaches - Minor Street 1 I cfq qq fa-3 c!f lour * Refer to Figure 9 -6 (URBAN AREAS) or Figure 9 -7 (RURAL AREAS) to determine if this warrant is satisfied. WARRANT 10 -Peak Hour Delay SATISFIED YES ❑ NO 0 (ALL PARTS MUST BE SATISFIED) 1. The total delay experienced for traffic on one minor street approach controlled by a STOP sign equals or exceeds four vehicle -hours for a one -lane approach and five vehicle -hours for a two -lane approach; MQ YES ❑ iv0 � 2. The volume on the same minor street approach equals or exceeds 100 vph for one oin lane of traffic or 150 vph for two moving lanes; AbQ YES ® NO ❑ 3. The total entering volume serviced during the hour equals or exceeds 500 voh for intersections with four or more ches or 650 vph for intersections with three app ro es. YES ® NO WARRANT 11 -Peak Hour Volume Approach Lanes SATSFIED YES ❑ NO 2 or One more 7A-9Az1-21k - -Hour .......... Both Approaches - Major Street -, ba3 aka fia�af Highest Approaches - Minor Street 1 q'4 €23 41 * Refer to Figure 9-8 (URBAN AREAS) or Figure 9-9 (RURAL AREAS) to determine if this warrant is satisfied. The satisfaction of a warmant Is not n0caSSIldly Justification for a signal. Delay, congestion, confusion or other evidence of the need for right- of-way agaignment must be shown. 9 -12 TRAFFIC SIGNALS AND LIGHTING Traffic Manual 7 -19% Figure 9 -6 FOUR HOUR VOLUME WARRANT (Urban Areas) MIN > 400 I Z 0 300 a. a. O LU 200 z 2 g m .j ® 100 '14s<— I - I I I 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) OR !l LANE (MAJOR) & 2 MORE LANES (MINOR) it, 173) 1 LANE (MAJO ) & 1 LANE (MINOR) 300 400 600 600 700 800 900 1000 1100 1200 1300 1400 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH NOTE: 995 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND SO VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 9 -14 TRAFFIC SIGNALS AND LIGHTING Traffic Manual 7 -'19% Figure 9 -S PERK HOUR VOLUME WARRANT (Urban Areas) 600 9L 500 s 1- U uj p 400 o 300 z � O 200 TE z 100 0 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) OR MORE LANES (MAJOR) & 1 LANE (MINOR) R 1 LANE (MAJOR) & 2 OR MORE LANES (MINOR) }.• •QW au rqt� LANE (MAJOR) & 1 LAME (MINOR) 1 t i i 1 1 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 MAJOR STREET — TOTAL OF BOTH APPROACHES - VPH NOTE: 150 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. �� a Traffic Manual TRAFFIC SIGNALS AND LIGHTING 9 -7 Figure 9 -1 TRAFFIC SIGNAL WARRANTS T LA _ _ CALC F" K DI DATE 4/G 1b) � ST CO RTE KPM CHK : W __ DATE ., �,JIVOJ Major St: LOS hNCGL_r-_S Critical Approach Speed E� km/h Minor St: 40f2€11�'_RbK lku um Critical Approach Speed 40 kob Critical "ad of major street tratfic > 64 km/h - - - - - - - - - - - - - ❑ or RURAL (R) In built up area of isolated community of C 10. 000 pop. _ _ - - - - - - - ❑ ❑ LEAN (U WARRANT 1 - Minimum Vehicular Volume 1100% SATISFIED YES ❑ NO 0 80% SATISFIED YES ❑ NO MINIMUM REQUIREMENTS (80% SHOWN IN BRACKETS) U 1 R ta I R APPROACH LANES 1 2 or more , CA-7A 1A A-i4 -�tf' Hf-f 5'P-bP �P-7f' 7P_gp Both Apprchs. 500 350 R 420 qT4 945 L2.49 E9 ins (Gco r q4 %379 U14 Major Street (400) (280) 480 (336) (420) i20 504 Highest Apprch. 5 53 1 Highest Apprch. 5 105 200 140 iIIZ l4� 30 $ �S �{ 3 't3 Minor Street 20 {84) (16D) {112} WARRANT 2 - Interruption of Continuous Traffic WARRANT 3 - Minimum Pedestrian Volume 1001/6 SATISFIED YES ❑ NO 80% SATISFIED YES ❑ NO ��i7- r2t{q t�s2y Sp °GP IT Hour 9 IcA 4 13"n 43i 100% SATISFIED YES ❑ NO M REQUIREMENT MINIMUM REQUIREMENTS Pedestrian volume crossing the major street is 100 or more (80% SHOWN IN BRACKETS) Yes ❑ No U R U R 6A -7A APPROACH LANES ) Or mono Both Apprchs. 750 525 630 "4 Major Street (600) (420) i20 504 Highest Apprch. 5 53 100 70 'ai Minor street 6o r421 (t3o1 r561 WARRANT 3 - Minimum Pedestrian Volume 1001/6 SATISFIED YES ❑ NO 80% SATISFIED YES ❑ NO ��i7- r2t{q t�s2y Sp °GP IT Hour 9 IcA 4 13"n 43i 100% SATISFIED YES ❑ NO M REQUIREMENT FULFILLED Pedestrian volume crossing the major street is 100 or more for each of any four hours or is 190 or more during any one Yes ❑ No hour; AM There are less than 60 gaps per hour In the major street traf- fic stream of adequate length for pedestrians to cross; The nearest traffic signal along the major street is greater yes ® ❑ than 90 m; AM No The new traffic signal will not seriously disrupt progressive traffic flour on the major street. Yes ® No C] The satisfaction of a Waiarant Is not necessarily Justification for a signal: Delay, congestion, confusion or other evidence of the need for right -of -Tway assignment must be shown. 9 -8 TRAFFIC SIGNALS AND LIGHTING Traffic Manual 7 -1996 Figure 9 -2 TRAFFIC SIGNAL WARRANTS WARRANT 4 - School Areas WARRANT 5 - Progressive :Movement Not Appl icable ........ ............................... 9 See School Protection Warrants Sheet ❑ SATISFIED YES ❑ NOCK MINIMUM REQUIREMENTS DISTANCE TO NEAREST SIGNAL N m, S m, E t-! $ 3 m, W 39m. FULFILLED YES ® NO ❑ 7 300 m ON ONE WAY ISOLATED STREETS OR STREETS WITH ONE WAY TRAFFIC SIGNIFICANCE AND ADJACENT SIGNALS ARE SO FAR APART THAT NECESSARY PLATOONING & SPEED CONTROL WOULD BE LOST °0�-- _-°___........,.... --- ._ -._... ON 2 -WAY STREETS WHERE ADJACENT SIGNALS DO NOT PROVIDE NECESSARY PLATOONING AND SPEED CONTROL PROPOSED SIGNALS COULD CONSTITUTE A PROGRESSIVE SIGNAL SYSTEM ❑ WARRANT 6 - Accident Experience SATISFIED YES ❑ NO WARRANT 7 - Systems Warrant SATISFIED YES ❑ NO X The satlsfactlon of a warrant is 41 necessartty justification for a signal. Delay, congestion, confusion or other evidence of the need for right -of -waxy assignment must be showrL Traffic Manual TRAFFIC SIGNALS AND LIGHTING g -g 7 -1996 Figure 9 -3 TRAFFIC SIGNAL WARRANTS WARRANT 8 - Combination of Warrants SATISFIED YES ❑ NO Z REQUIREMENT WARRANT ./ FULFILLED TWO WARRANTS SATISFIED gp% 1. MINIMUM VEHICULAR VOLUME Highest Approaches - YES ❑ NO 2. INTERRUPTION OF CONTINUOUS TRAFFIC � WARRANT 9 -Four Hour Volume Annmof -h t nn me SATISFIED* YES ❑ NO E9 2 or One more eHour Bath Approaches - MaJor Street Major Street 2 "4r tzyq tyq Highest Approaches - Highest Approaches - Minor Street 1 $ � 82 49- 1 73 7.3 * Refer to Figure 9 -6 (URBAN AREAS) or Figure 9 -7 (RURAL AREAS) to determine if this warrant is satisfied. WARRANT 10 -Peak Hour Delay SATISFIED YES ® NO (ALL PARTS MUST BE SATISFIED) 1. The total delay experienced for traffic on one minor street approach Controlled by a STOP sign equals or exceeds four vehicle -hours for a one -lane approach and five vehicle -hours for a two -lane approach; gN2 YES ❑ NO CK 2. The volume on the same minor street approach equals or exceeds 100 vph for one moving lane of traffic or 150 vph for two moving lanes; AM YES ❑ NO 3. The total entering volume serviced during the hour equals or exceeds 800 vph for intersections with four or more approaches or 660 vph for intersections with three approaches. YES ® NO ❑ WARRANT 11 -Peak Hour Volume Approach Lanes SATISFIED* YES ❑ NO 2 or One more 7 * -s* 14-a yp_y 4f- ++Hour Both Approaches - Major Street lyres I2.4q Iwo tyq Highest Approaches - Minor Street 1 $ � c(3 -rz * Refer to Figure 9 -8 (URBAN AREAS) or Figure 9 -9 (RURAL AREAS) to determine if this warrant is satisfied. The satisfaction of a warrant is not necessarily Justification for a signal- Delay, congestion, confusion or other evidence of the need for right-of-way assignment must be shown. 9 -12 TRAFFIC SIGNALS AND LIGHTING Traffic Manual 7 -1995 Figure 9 -6 FOUR HOUR VOLUME WARRANT (Urban Areas) ,-ism 400 t LU© 300 CC CC CL C, w 200 z 2 55 = O > 100 C7 0 L. 300 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) 1 LANE (MAJOR) & 1 LANE (MINOR) OR MORE LANES (MAJOR) & 1 LANE (MINOR) R 1 LANE (MAJOR) & 2 MORE LANES (MINOR) 400 S00 600 700 800 900 1000 1100 1200 1300 1400 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH NOTE: 115 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES ANO® 1(PH AWPlJ�w� THRESHOLD YQ MI STREET APPRO 9 -14 TRAFFIC SIGNALS AND LIGHTING Traffic Manual 7 -19% Figure 9 -8 PEAK HOUR VOLUME WARRANT (Urban Areas) 600 500 Lu p 400 a 3 o � 00 6 O 200 z 100 0 2 OR MORE LANES (M.AJOR) & 2 OR MORE LANES (MINOR) MENA, 11 m lon 4q *U6Q"11m'm1Q1 ANELbb, FAA E�%�l 01mmmommommm mqomm-m MEN C� MEN No 91,11.......... .......... ,11,11,11,11,11, momm I LANE (MAJOR) & I LANE (MINOR) MAN LN; mums 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH NOTE: 150 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 100 VPH APPLIES AS THE 19WER E E FOR A MINOR STREET APP ACHIN ONE LANL CITY OF BALOwirt PAxK CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS IM- erse&t c Mercer+ Aveoiae $< PhIrm Avenge. 1. Minimum Volume Warrant The total vehicular volume entering the intersection from all approaches averages at least 500 vehicles per hour during any 6 hours of an average day, and the combined vehicular and pedestrian volumes entering the intersection from the minor street average at least 200 units per hour during the same 6 hours. When the 85 percentile approach speed of the major street traffic exceeds 40 mph, the minimum volume warrant is 70 percent of these requirements. Major Street Approach Speed [ 351 65*°" pexrewriit Reauirement - Ubth percentile speed 40 mph or greater Satisfied? Yes [ ] . No( )< ] 2. Accident Experience Warrant There is an obvious accident hazard disclosed by investigation or evidenced by a history of three or more reported accidents in a recent 12 -month period of a type normally considered susceptible to correction with ail- -way stop control and where adequate trial with less restrictive control has proven unsatisfactory. Minimum Requirement Number of Accidents 3 or More* Z r Accidents susceptible to correction Satisfied? Yes [ ] 5 atrairtct *k:i6ZWWPsi9n2.dM No[ isr._ �x . R* 7AN- BAM +i !; 7 6 Hr. Av. Total Intersection Veh. Vol. 500 350 603 5$6 67Z 697 Cog 59-7 (COL{ Minor street Veh. & Ped. Vol. 200 140 169 23g 12.3 i8I 3o JC6 19-7 - Ubth percentile speed 40 mph or greater Satisfied? Yes [ ] . No( )< ] 2. Accident Experience Warrant There is an obvious accident hazard disclosed by investigation or evidenced by a history of three or more reported accidents in a recent 12 -month period of a type normally considered susceptible to correction with ail- -way stop control and where adequate trial with less restrictive control has proven unsatisfactory. Minimum Requirement Number of Accidents 3 or More* Z r Accidents susceptible to correction Satisfied? Yes [ ] 5 atrairtct *k:i6ZWWPsi9n2.dM No[ isr._ �x . CITY OF SALOWIV PAU-, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS I Intersection of Collector Street Warrant Where the intersection is determined to be that of collector streets. Collector streets are designated on the Circulation Element of the General Plan. In some instances, streets may be functioning as collectors even though not so designated. Some designated highways, particularly in fringe areas or discontinuous situations, may be functioning as collectors and the collector street warrant may be appropriately utilized. In some areas a street may function as a collector, but be designated as a local street. Review of traffic volumes and the local circulation system, will aid in appropriate classification. At the intersection, all approaches need not be designated collectors to satisfy this warrant. Where an intersection meeting this criteria is within 600 feet of a stop sign or signal control on the uncontrolled street, an all -way stop should not be considered unless both streets are functioning as collectors with commensurate traffic volumes, or the accident history indicates need for additional control. General Plan Designation Ne'4a her- on cjemmQ OcLti Functional Determination Nei0v_. - �unc�io" as retlec#cors Distance to Closest Control on Uncontrolled Street* _�. Satisfied? Yes [ j No c:Wafticlpolidw\stop ign2_doc CITY OF 6ALOW►W MAX.,, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS 4. Peak Hour Residential Warrant Where adjoining development is residential (single - family or multi - family) and the plotted peak hour falls above the curve of the Residential Warrant Chart (see page 6 of 6). Streets within residential areas may experience high traffic volumes during peak commuter periods without meeting the minimum volume warrants more appropriately applied to arterials and higher volume collectors. Utilization of this warrant is intended to assign right-of-way during peak traffic periods without resulting in all -way stop control at every local street intersection. Consequently, this warrant should not be utilized were the currently uncontrolled street has a stop sign or signal control within 600 feet. Where an intersection meets this criteria but is within 600 feet of a control, review of the reported accident history should determine whether an additional control is necessary. Peak Hour Residential Warrant (Attach Residential Peak Hour Chart) Distance to Closest Control on Uncontrolled Street* Satisfied? Yes [ X l No[ ] 5e interim Control Warrant (N/Al) Where traffic signals have been authorized, all -way stop control may be appropriate pending signal installation. Such installation may be considered; where volumes on the presently uncontrolled street will not exceed the .,i�a3'�'`R�!> r a �.. ..,, a c r- •ma,.i...;tk„S,nsmtJS r of a stogy control drid where acM�en ntral will`6s 4du"' as a result °s interim installation. Installations where accident potential may increase should not be considered, such as on high volume signal cony: arterials where st ®p ,.. control would be unexpected. r. Interim Warrant* Satisfied? Yes [ j No [ ] *Traffic signal authorized and more restrictive control required peed installation. g�. WWPS4n2.d0C CITY OF $AL0WJW'PARK, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS D. SCHOOL AREA ALL -WAY STOP SIGNS Stop signs should be considered on all approaches to an intersection when the following conditions are satisfied- When the intersection is contiguous to a school and the uncontrolled street is crossed on a pedestrian route to school; the combined pedestrian volume and vehicular volumes entering the intersection from all approaches average at least 350 units per hour during any 2 hours of a school day; and the combined pedestrian and vehicular volumes entering the intersection from the minor stop controlled) street average at least 140 units per hour during the same 2 hours. School Area Volume* irement 1 AM - g kN1 SIPM - GPM Total Intersection Veh. Vol. 350 9149 & Ped. Yo 1. Minor Street Veh. & Ped. Vol. 1 140 I 2 g 9 j 3® 5- " intersection is contiguous to school. Designated pedestrian route to school crosses uncontrolled street �g r N ,. Satisfied? Yes [ X j No [ j ,A.. r.. Q LAC W z W (� 0 Q w CL p:.,., -., }'... _. mss, ✓Vw- k„`'a> v I f � I r �Q I f � I r Ln c ��: } •g!i. _,rte. � - f pp �y 0 0 0 to La 8 LO BO r Ln c ® C a► � A � g � Pig. V BO CITY OF SAI- WIW PARK, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS Tn bersecribvn : Lm ANgekes s;�. & I�Rii book 4ve , I. Minimum Volume Warrant The total vehicular volume entering the intersection from all approaches averages at least 500 vehicles per hour during any 6 hours of an average day; and the combined vehicular and pedestrian volumes entering the intersection from the minor street average at least 200 units per hour during the same 6 hours. ' a 85 percentile approach speed of the major street traffic exceeds 40 mph, the minimum volume warrant is 70 percent of these requirements. Major Street Approach Speed [ X401 g perc*,vvtile Reaeirernent uotn percentile speed 40 mph or greater. Satisfied? Yes [ X ] No [ I 2. Accident Ex erience Warrant There is an obvious accident hazard disclosed by investigation or evidenced by a history of three or more reported accidents in a recent 12 -month period of a type normally considered susceptible to correction with all -way stop control and where adequate trial with less restri;ctilve control has proven unsatisfactory. L� Minimum Requirement Number of Accidents 3 or More* 4 " Accidents susceptible to correction U R* 7AK- A#4 PM- P PM- �iPR/1 - bPM em- -rPJd 6 Hr. Av. 'total Intersection Veh. Vol. 500 350 11452 ;49 t123 IWO 1 t379 143 8 Minor Street Veh. & Ped. Vol. 200 140 161 :21;(4 131 225 705 121 199 uotn percentile speed 40 mph or greater. Satisfied? Yes [ X ] No [ I 2. Accident Ex erience Warrant There is an obvious accident hazard disclosed by investigation or evidenced by a history of three or more reported accidents in a recent 12 -month period of a type normally considered susceptible to correction with all -way stop control and where adequate trial with less restri;ctilve control has proven unsatisfactory. L� Minimum Requirement Number of Accidents 3 or More* 4 " Accidents susceptible to correction Satisfied? Yes } . F Y._ l�'..f •`'i d a .K.�..s' Y..✓sH� V) I Y Ut- 8AL0W)NPA", UALIFUKNIA RESIDENTIAL WARRANTS FOR STOP SIGNS I Intersection of Collector Street Warrant Where the intersection is determined to be that of collector streets. Collector streets are designated on the Circulation Element of the General Plan. In some instances, streets may be functioning as collectors even though not so designated. Some designated highways, particularly in fringe areas or discontinuous situations, may be functioning as collectors and the collector street warrant may be appropriately utilized. In some areas a street may function as a collector, but be designated as a local street. Review of traffic volumes and the local circulation system, will aid in appropriate classification. At the intersection, all approaches need not be designated collectors to satisfy this warrant. Where an intersection meeting this criteria is within 600 feet of a stop sign or signal control on the uncontrolled street, an all -way stop should not be considered unless both streets are functioning as collectors with commensurate traffic volumes, or the accident history indicates need for additional control. General Plan Designation only LM hneieQ s€: acn gereraL plan Functional Determination only Los metes '4 �. Nnction as co[leobv, Distance to Closest Control on Uncontrolled Street* 10001 Satisfied? Yes ( j No ( 'P< J 400 � Eraeffiy rlZ.doc . 'r fIq YJ� n' �t � Eraeffiy rlZ.doc . 'r fIq YJ� n' CITY OF $A Lowliv pARK,, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS 4. Peak Hour Residential Warrant Where adjoining development is residential (single - family or multi - family) and the plotted peak hour falls above the curve of the Residential Warrant Chart (see page 6 of 6). Streets within residential areas may experience high traffic volumes during peak commuter periods without meeting the minimum volume warrants more appropriately applied to arterials and higher volume collectors. Utilization of this warrant is intended to assign right -of -way during peak traffic periods without resulting in all -way stop control at every local street intersection. Consequently, this warrant should not be utilized were the currently uncontrolled street has a stop sign or signal control within 600 feet. Where an intersection meets this criteria but is within 600 feet of a control, review of the reported accident history should determine whether an additional control is necessary. Peak Hour Residential Warrant (Attach Residential Peak Hour Chart) Distance to Closest Control on Uncontrolled Street` 5 ;o' Satisfied? Yes [ X ] No [ ] 5. Interim Control Warrant (N CA) Where traffic signals have been authorized, all -way stop control may be appropriate pending signal installation. Such installation may be considered where volumes on the presently uncontrolled street will not exceed the ca N of a strip cn� and 'where accideni'p®tenial an`ll b `rdiiced" as a reutf interim installation. Installations where accident potential may increase should not be considered, such as on high volume signal controlldd arterials where stop control would be unexpected. Interim Warrant* Satisfied? Yes[ ] No [ ] 9 *Traffic signal authorized and more restrictive control required pendin installation.f $ ' �P✓'P� f Y �,�w.P�e ,rip T�r 4 '., f'. �`�.,�+� � ���`�p' h � � . krs � °'SL �F5 �� r CITY OF BALDVia PAILK, CALIFORNIA RESIDENTIAL WARRANTS FOR STOP SIGNS D. SCHOOL AREA ALL -WAY STOP SIGNS (NIA) Stop signs should be considered on all approaches to an intersection when the following conditions are satisfied: When the intersection is contiguous to a school and the uncontrolled street is crossed on a pedestrian route to school; the combined pedestrian volume and vehicular volumes entering the intersection from all approaches average at least 350 units per hour during any 2 hours of a school day; and the combined pedestrian and vehicular volumes entering the intersection from the minor stop controlled) street average at least 140 units per hour during the same 2 hours. School Area Volurne* Reauirement Total Intersection Veh. Vol. 350 Minor Street Veh. & Ped. Vol. 140 intersection is contiguous to school. Designated pedestrian route to school crosses uncontrolled street. C�04vYi��w" s Satisfied? Yes [ No [ /�► �,_r; �5��.r�`�r v�"Fse�.�r...v t �. "'�''�,' yv� ✓�'++�.,L,'��+r ``5�p�� �� ^�YC,„�,v �.� ��� A� �1s� CITY COUNCIL AGENDA R14 CITY OF BALDWIN PARK STAFF REPdW - 6 2001 t ITEM NO. BALDWIN P�A,R,K TO: Mayor and City Council Members FROM; Manuel Carrillo Jr., Director of Recreation & Community Service DATE: June 6, 2001 SUBJECT: Approval of a Multi Purpose Lighting System at Barnes Park PURPOSE The purpose of this report is for the City Council to approve and authorize staff to expend funds from the special youth fund account established by the City Council to install a Multi Purpose Lighting System at Barnes Park. BACKGROUND At their May 2, 2001 meeting, the City Council approved the installation of a a 25 -ft. x 375 - ft. chain link /mesh netting fence at Barnes Park along the 605 Freeway. In addition, over a dozen trees were relocated at Barnes Park to create an open green space and soccer field last month. In 1998 the Baldwin Park Youth Soccer League was established to offer a quality soccer league in the City of Baldwin Park. Prior to establishing this organized program, no formal soccer league was offered in the City and many residents wanting to participate in the sport were forced to leave the City. Since then the Baldwin Park Youth Soccer League has been operating games at several school sites throughout the City. With the current growth of the program totaling well over 1400 participants (700 youth and 700 adult), there is a definite need for additional soccer fields. The Soccer Task Force Committee has met over the past several months to address the current soccer needs of the community. Due to the limited green space left in our park system, we have been working collaboratively with the Baldwin Park Unified School District to create open green space and soccer fields. The School District and the City are proposing to accommodate the soccer community by converting open green space at Jones Junior High School into a SportsPlex /Athletic Field. We currently are working with Assembly Member Edward Chavez requesting his support for this project. DISCUSSION To address immediate concerns for soccer facilities, the Soccer Task Force Committee has recommended the City install a Multi Purpose Lighting System at Barnes Park. This will directly target the soccer needs in the community. This will be the final green space left to convert in our current park system. The Multi Purpose Lighting System will illuminate the green space area, which will allow evening and nighttime activities. This will not only address the soccer needs of the community but will also fully optimize the open green space at Barnes Park. Potentially the Department can host a number of programs at Barnes Park. The open green space and soccer field will provide recreational opportunities not only for youth but the entire family as well. FISCAL IMPACT The Multi Purpose Lighting System at Barnes Park will cost approximately $65,000. Since this improvement will directly benefit more than 700 youth soccer participants in our community, the cost should be covered through the special youth fund account established by the City Council. In addition approximately $14, 784 of General Funds will need to be included in FY 2001 -2002 to cover the energy costs. This calculation is consistent with the current usage at Morgan Park, which is primarily used by the Baldwin Park Youth Soccer League. RECOMMENDATION Staff recommends that the City Council approve and authorize staff to expend funds from the special youth fund account to install a Multi Purpose Lighting System at Barnes Park. AGENCY AGENDA °. . JUN - 6 2001 ITEM N0. law A COUNCIL CHAMBER MAY 16, 2001 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 7:00 P.M. The COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in a REGULAR SESSION at the above time and place. ROLL CALL Present: Agency Members: Marlen Garcia, Ricardo Pacheco, William "Bill" Van Cleave, Vice Chair Linda Gair, and Chairman Manuel Lozano. Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez- Glasman, City Attorney; Mark Kling, Acting Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo, Recreation /Community Services Director; Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer; and Rosemary M. Ramirez, Deputy City Clerk CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented and as follows: MOTION: Vice Chair Gair SECOND: Member Van Cleave Motion carried MINUTES Minutes of May 2, 2001, were approved as presented. WARRANT REGISTER NO. 530 Warrant Register No. 530 was approved as presented. PROPOSED JACK -IN- THE -BOA'' RESTAURANT; LOCATION: 14611 DALEWOOD STREET (INTERSECTION WITH 1 -10 FREEWAYj; APPLICANT. BARRY HAMMOND REPRESENTING JBA ASIAN COMPANIES; CASE NO. PR 01 -17 Approval in Concept was granted for the proposed 3,047 sq. ft. fast food restaurant located within the Sierra Vista Redevelopment Project area. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:45 p.m. Approved by the Agency at their meeting held June 6, 2001. CRA MINUTES —May 16, 2001 Rosemary M. Ramirez, CMC Deputy City Clerk Jose Sanchez Agency Secretary Page 2 COMMUNITY REDEVELOPMENT AGENCY AGENDA REDEVELOPMENT REDEVELOPMENT Ad&6�0 CITY OF BALDWIN PARK 1 ITEM NO. ,dune S, 2001 WARRANT REGISTER NO. 531 City of Baldwin Park May 29, 2001 03:38pm Page 1 Check History. Sank RA Check Dates 00/00/40 to 99/99/99 Check #'s 011226 to 011243 ------------------- .. ------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 641 WESTFIELD ESCROW INC RA 011227 05/10/01 5,000.00 Claim# General Description 37365 1ST TIME HOME BUYERS JOSE & FRANCINE FIGUEROA 12916 LEDFORD ST * *ESCROW 23980 -S ** PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/10/01 5,000.00 0.00 5,000.00 GL Distribution Gross Amount Description Description 281- ODA -5136A 5,000.00 J FIGUEROA WEED ABATEMENT ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name ---_---'--°_°_-°___--'--------------------------__--------------------------_-----------------------_----____-'--------------------__--- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4296 AGRICU7�TURAL COMMISIONER/ WEIGHTS AND MEASURES RA 011229* 05/17/01 3,204.42 Claim# General Description 37158 WEED ABATEMENT 24 ACRE SITE PO# Stat Contractk Invoice# Invc Dr Gross Amount Discount Amt Discount Used Net Amount- 2205P 04/28/01 3,204.42 0.00 3,204.42 GL Distribution Gross Amour_t Description 206- 37A -5090A 3,204.42 WEED ABATEMENT ---_---'--°_°_-°___--'--------------------------__--------------------------_-----------------------_----____-'--------------------__--- Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 1893 DEWEY PEST CONTROL COMPANY RA 011230 05/17/01 372.D0 Claim# General Description 37159 PEST CONTROL SRV 24 ACRE RDA MARCH & APRIL ARV 204 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 452388 02/28/01 372.00 0.00 372.00 GL Distribution Gross Amount Description 206 - 37A -5060A 372.00 M7,-R /APR _------------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 5305 INTERIOR DEMOLITION RA 011231 05/17/01 1,600.00 Claim# General Description 37160 SIERRA VISTA RDA PRJ 3234 BIG DALTON AV 3240 BIG DALTON AV PC# $tat Contract# Invoice# 1327 GL Distribution 206 - 37A -5090A Invc Dt Gross Amount 03/13/01 1,600.00 Gross Amount Description 1,600.00 10% RETENTION Discount Amt Discount Used Net Amount 0.00 1,600.00 Warrant Register No. 531 Page 2 -------------------------------- --------------- -- Vend# Vendor Name Bank Check# Chk Cate Check Amount Sep 4782 LAWYERS TITLE CO. RA 011232 05 /17 /01 ].,$00.00 Maim# General Description 37167. TITLE POLICIES PO# Stat Contract# Invoice# Inv,. Dt Gross Ameunt Discount Amt Discount Used Net Amount 5105257 04/16/01 300.00 0.00 300.00 5165256 04/16/01 300.00 0.00 300.00 5105255 04/]_5/01 300.00 0.00 300.00 5105254 04/16/01 300.00 0.00 300.00 5105253 04/16/01 300.00 0.00 300.00 5105226 04/16/01 3DD.0D 0.00 300.0a GL Distribut,= Gross Amount Descri.pcion 204- 34A -5020A 1,800.00 TITLE POLICIES -- --- - ---- --------------` -.._ -- Hank Check# Chk Date Check Amounr Sep Vend## Vendor Name RA 611233 00"/17/01 14.64 1129 MR. BILL'S Claim# General Description 37164 "NO TRESPASSING" SIGNS Po# Stat Contract4 Invoice,'+,' Tnvc Dt Gross Amount: Discount Amt Discount Used Net Amount 07 -195 65/17/:)1 14.64 0.00 14.64 GL Distribution Gress Ameunt Description 206- 37A -5060A 14.64 SIGNS -- - ` - - - - - - - - - - - - - Vend# vendor Name Sank Check# Chk Date Check Amount Sep 828 VALLEY COUNTY WATER RA 617,234 05/17/61 21.75 Clai.ml# General Description 37162 WATER US} -RDA PROPERTY A/C #23143 -2 PD# Stat Contract#£ Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 0 o5/17/01 21.75 0.00 21.75 GL Distri,huti.on Gross Amount Desca:ipt: ion 2D6- 37A -5050A 21..75 23143 -2 a Vend# Vendor Name Hank Check## Chk Date Check Amount Sep 1455 WASTE MANAGSIA= OF Q�N GABRIEL /?0MONA VALLEY RA 011235 05/17/01 38,28 Claim# General Description 37163 DISPOSAL SRV A /C# 012- 0083687 - 2519 -1 PO## Stat Contract# Invoice# Inve Dt Gress Amount Discount Amt Discount Used Net Amount 1.150649 - 2519 -0 05/01/01 38.28 0.00 38.28 GL Distribution Gross Amount Description 206 - 37A- .SD60A 38.28 115D049 Warrant Register No. 531 Page 3 Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 4296 AGRICULTURAL, COMMISIONER/ WEIGRTS AND MEASURES RA 011237* 05/24/01 14,156.70 Claim# General Description 37357 WEED ABATEMENT SPV 1ST QTR 2000/01 AUG /SEPT 2000 PO41 Stat Contract#? invoice# G GL Distribution 206- 37A -5090A Invc Dt Gross Amount 03/15/01 14,156.70 Gross Amount Description 14,156.7(1 AUG /SEPT 2000 Discount Amt Discount Used Net Amount 0.00 19,156.70 Vend# Vendor Name Bank Check# Chk pate Check Amount Sep 2938 BILL VAN CLEAVE ZA 01123& 05/24/07. 110.00 Claim## General Description 37355 RDA MONTHLY MTG ALLOWANCE MAY 2001 PC## Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount G 05/24/01 110.00 0.00 110.00 GL Distribution Gross Amount Description 226- ODA -5148A 11.0.00 MAY Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 854 LINDA LAIR RA 011239 05/24/01 110.00 C] -ai,m# General Description 37359 RDA MONT14LY MTG ALLOWANCE MAY 2001 PO# Stat Contract{# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/01 110.00 0.00 13D.00 GL Distribution Gross Amount Description 226- OCA -5148A 110.00 MAY Vend# Vendor Name Bank Check# Chk Date Check Amount Sen 594 MANUEL LOZANO RA 011240 05/24/01 11C.0D Claimp General Description 37364 RDA IMON"1HLY MTG ALLOWANCE MAY 2001 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/01 110.00 0.00 110,00 GL Distribution Gross Amount. Description 226- OCA -5148A 110.00 MAY Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA RA 011241 05/24/01 110,00 Claimff General Description 37361 RDA MONT14LY MTG ALLOWANCE MAY 2001 PO4 Stat Contract# Invoice?# 0 GL Distribution 226- 00A -5198A Invc Dt Gross Amount 05/24/01 110.00 Gross Amount Description 11.0.00 MAY Discount Amt Discount Used Net Amount 0.00 110.00 Warrant Register No. 531 Page 4 ----------------------- - - - - -- __ Vend#; Vendor Name 3495 RICP32D© PACHSCO Bank Check# Chic Date Check Amount Sep RA 017.242 05/24/01 1i0.00 Claim# General Description 37362 RDA MONTHLY MTG ALLOWANCE MAY 2003. PO# Stat Contract# Tnvoice#i Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/01 110.00 0.04 110.00 GL Distribution Gross Amount Description 226-DOA-5146A 110.00 MAY Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 941 WESTFIELD ESCROW INC RA 011243 05/24/01 5,000.00 C?aim# General Description. 37363 iST TIME ROME BUYERS THOMAS & SUSAN GOMEZ 14128 SANDSTONE ST *'ESCROW ##23922 -S* PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net AmounC 0 05/24/01 5,000.00 0.00 5,000.00 GL Distribution Cross Amount Description 281- 00A -5136A 5,000.00 GOMEZ Paid Checks: Check Count J5 Check Total 31,757 -79 X C� PO Liquidation Total 0.00 Backup Withholding Total 0.00 Void Checks: �-3 6 Check Count 0 Check Total. 0.00 PC Liquidation Total 0.00 Backup Withholding Total 0,00