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HomeMy WebLinkAbout2013 11 20NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, NOVEMBER 20, 2013 at 6:00 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: November 14, 2013 Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on November 14, 2013. Alejandra Avila City Clerk I I 0 A = ZMA _W01TMk11 __ CITY COUNCIL SPECIAL MEETING Please note time and meeting NOVEMBER 20, 2013 location 6:00 PM CITY HALL — 3'd Floor, Conference Room 307 1 =A L- -r PA.-44033 1 C, 1 IF I %',- A VE Kv' U11 cc r BALDWIN PARK, CA 91706 (626) 960-4011 BALDWIN P. A- R- K Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARiOS DEL PUBLICO Se invita al p6blica a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podri hacerlo durante e/ periodo de Comentarios del P(iblico (Public Communications) anunciado en la agenda. A cada persona se /e permite hablar por tres (3) minutos. Hay un int6rarete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting, [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierrio §54954.2] RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) or subdivision (d) of Section 54956.9.-. 1 Matter 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.- CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 3. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees-, Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association-, Un-represented employees; and part- time employees. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 14173 Garvey Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: The Lamar Companies Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board I less less than 24 hours prior to the meeting on November 14, 2013. Jf Alejandrb Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 613-5204 ore -mail rcaballgroJDLalqw�y�qrk. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34,102.104 ADA TITLE II) . ..... .... .. ....... .. r #I-LTI 1 NOVEMBER 00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 RMUCTLANI P - Ar R- K Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tern Marlen Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al pOblico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting =will be available for public inspection at City Hall in the City Clerk's office at 14433 E. Pacific Avenue, 3rd door daring normal business hours (Monday - Thursday, 7:33 a. n?. - :00 p.m.) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Purse collection Presentation to House of Ruth in honor of Domestic Violence Prevention Month. • Certificates of Recognition presented to the Baldwin Park Police Explorers for their dedication and service to the community. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximal. [Codigo de Gobierno §54954.2] City Council Agenda — NOVEMBER 20, 2013 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 2. TREASURER'S REPORT: AUGUST 2013 & SEPTEMBER 2013 Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. 3. CONTINUED FROM NOVEMBER 6 2013. INTRODUCE ORDINANCE NO. 1360 AMENDING SECTION 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)" 4. ADOPTION OF RESOLUTION NO. 2013 -037 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR BARNES PARK IMPROVEMENTS AND WALNUT CREEK NATURE PARK RESTORATION Staff recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2013 -037 titled "RESOLUTION NO. 2013 -037 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR BARNES PARK IMPROVEMENTS AND WALNUT CREEK NATURE PARK "; and 2) Authorize the Director of Recreation & Community Services to execute and further documents. f,. ADOPTION OF RESOLUTION NO. 2013-038 APPROVING THE APPLICATION FO"- GRANT FUNDS FOR THE SAN GABRIEL WATERSHED, GABRI MOUNTAINS , GRANT PROGRAM PARKS, SAFE NEIGHBORHOOD A TER, CLEAN AIR, AND COAST PROTECTION BOND ACT OF 0 Staff Recommends th- City Council: City Council Agenda - NOVEMBER 20, 2013 Page 3 7. SECOND READING OF ORDINANCE 1359. THE ADDITION OF SECTION 153.170.107 TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS (LOCATION: CITYWIDE; APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174) Staff recommends that the City Council adopt Ordinance 1359 on second reading, read by title only and waive any further reading thereof. 8. TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN FOR THE DOWNTOWN AREA OF BALDWIN PARK - -- REQUEST FOR PROPOSAL Staff recommends that the City Council approve the Transit Oriented Development Specific Plan consultant request for proposal and authorize staff to issue the request for proposal. 9. AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST COAST ARBOVIST Staff recommends that the City Council: 1) Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of $95,000; and 2) Authorize the Mayor to execute the attached agreement. 10. NOTICE OF COMPLETION — CITY OF BALDWIN PARK TRANSIT CENTER PARKING STRUCTURE It is recommended that City Council: 1) Accept the construction improvements by PCL Construction Services, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the release of $1,047,011 in project retention to PCL Construction Services, Inc. upon expiration of the 35-day lien period. City Council Agenda — NOVEMBER 20, 2013 Q91116111:1ki livi140111111 I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of November 2013. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero(c)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — NOVEMBER 20, 2013 Page 5 BALDWIN P , d R . u CITY COUNCIL AGENDA CITY OF BALDWIN • REPORT TO: Honorable Mayor and Members of the City Cour FROM: Craig A. Graves, Interim Finance Director Date: November 20, 2013 SUBJECT: Warrants and Demands The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting; the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 195876 — 195903. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 231 850 - 232102 for the period of September 29, 2013 through October 12, 2013 inclusive; these are presented and hereby ratified, in the amount of $339,718.61. 2. General Warrants, including check numbers 197674 to197858 inclusive, in the total amount of $474,438.49 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Staff recommends City Council ratify the attached Warrants and Demands. 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TR in 51 M Caf di ai 1� Mi aj is fd w %1 Cl 0 � "I vi Q 1j - Cm w 0 , a � , 44 0 0 t- f4 A In �a Yx 0 0 o 0 00 ka W "I �A o A 0; f4 3d Ui o C, 0 '.5 e-, w 0,�5 w o 0 0 w c, o C, oo 0 C, 0 n, 0 12, el 0 C5 e� �o el Z, 'A 1� Ir -A 0 0 m �p I'm tq www w w w "I t, v to 8j t4 C, 4� 4- 16 W 0 10 C, 45 0 C, ? 1:1 1� 1�1 io I OQ04, Ul 0 el 10 C', 0 ul v` 1-1� ti 0 0 0 0 00 0000 pa tj W el Ri G.A W.a W tj x m w 'v v v v 0 �wl W, te vi w m n4 P-'Q �4 0 v T -1 mq Di ell In m 14 0 < ffi w 10 H m !z z to 0 0 0 0 f� Q 0 C4 t C a C CCCC. c VVVIV +d r r tl t4 1�1 mc kn Efs M 1w w w WM All M 0 0 tft Al vE 0 &, M, 6� t 10 EX*,j ;D is fd P -A, R- K TO: CITY COUNCIL AGENDA CITY OF BALDWIN PARK NOV 2 0 STAFF REPORT Honorable Mayor and Members of the City Council Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Director s DATE: November 20, 2013 SUBJECT: Treasurer's Reports: August 2013 & September 2013 The purpose of this report is to provide the Treasurer's Reports for August 2013 & September 2013. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Reports: August 2013 & September 2013 Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. ATTACHMENT 1. August 2013 & September 2013 Treasurer's Reports CITY OF BALDWIN PARK TREASURER'S REPORT August 31, 2013 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 24,768,478.63 24,768,478.63 Agency Investment Fund 24,768.478.63 Varies City 0.27% Varies Housing Authority 0.27% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Success( Varies Varies Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768.478.63 Varies 37,914.13 37,914.13 37,914.13 37,914.13 24,806,392.76 24,806,392.76 24,806,392.76 24,806,392.76 Varies 2,335,800.42 2,335,800.42 2,335,800.42 2,335A00.42 Varies 3,233,854.39 3,233,854.39 3,233,854.39 3,233„854.39 $ 30,376,047.57 $ 30,376,047.57 5,569,654.81 $ 30,376rO47.57 Total Investments $ 30,376,047.57 Cash City Checking 8,287,393.66 City Miscellaneous Cash 93,673.99 Comm. Develop. Comm. 0.00 Successor Agency 413,818.54 Housing Authority 315,144.03 Financing Authority 0.00 Total Cash 9,110,030.22 Total Cash and Investments $ 39,486,077.79 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of August 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six, onths that all investments are in compliance to the City's Statement of Investment Policy. Approved by: — , 4, Finance CITY OF BALDWIN PARK TREASURER'S REPORT September 30, 2013 ESTIMATE INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALJUE State of California Local 24,768,478.63 24,768,478.63 Agency Investment Fund 24,768,478.63 Varies City 0.26% Varies Housing Authority 0.26% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768,478.63 Varies 37,914.13 37,914.13 37,914.13 37,9714.13 24,806,392.76 24,806,392.76 24,806,392.76 24,806,392.76 Varies 2,335,814.45 2,335,814.45 2,335,814.45 2,335,814.45 Varies 2,937,729.27 2,937,729.27 2,937,729.27 2,937,729.27 30,079,936.48 S 30,079,936.48 5,273,543.72 $ 30,079,936.48 Total Investments $ 30,079,936.48 Cash City Checking 8,221,352.27 City Miscellaneous Cash 57,847.96 Comm. Develop. Comm. 0.00 Successor Agency 451,729.38 Housing Authority 315,937.83 Financing Authority 0.00 Total Cash 9,046,867.44 Total Cash and Investments $ 39,126,80192 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of September 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the 71-1 nths that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Interim r ____ iN CITY A OF PARK STAFF REPORT 1 TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manage DATE: November 20, 2013 SUBJECT: CONTINUED FROM NOVEMBER 6 2013. Introduce Ordinance No.1360 Amending Section 125.010 and 125.020 of the Baldwin Park Municipal Code to Prohibit the Sale of Single Cigars . . • This report requests the City Council consider introducing Ordinance No. 1360, amending Sections 125.010 and 125.020 of the Baldwin Park Municipal Code to prohibit the sale of single cigars.' I %LN.(ejZe11un = ► '�i11�+�TCs7Til In the past several years, the City Council expressed interest in adopting measures to continue to improve the quality of life for the residents of Baldwin Park. The City has made efforts to promote health in the built environment and to make becoming a healthier community an integral part of how the City does business. On October 1St, 2008, the City Council adopted Ordinance 1321, adding Chapter 125 to the Baldwin Park Municipal Code requiring a tobacco retail license. The local tobacco retail licensing ordinance reduces youth access to tobacco products and limits the negative public health effects associated with tobacco use. However, other tobacco products have entered the market, including single cigars often sold in attractive colorful packaging with original names, such as Swisher Sweets, Bahamas Mamas, or Phillies Blunt. Those little cigars are available in various flavors (white grape, cotton candy, pineapple, wild cherry) and are appealing to price- sensitive youth. Currently, the Federal Drug Administration (FDA) permits the sale of single cheap cigars, which can be priced as low as $0.39 -$1.00 each (see Attachment 1). According to a survey of tobacco retail stores in Baldwin Park conducted by the Los Angeles County Department of Health Services, 78% of stores sold single cigars, with price ranging from $0.49 to $2.00 per cigars; 40% of stores placed the cigars within 3 For purposes of this report and the Ordinance, cigars includes any roll of tobacco wrapped entirely or in part in tobacco or substance containing tobacco, including products such as cigarillos, tiparillos, little cigars, blunts or blunt wraps. November 20, 2013 Ordinance No. 1360 Paqe 2 of 10 feet of candy displays, in addition, 46% of stores placed little cigars near the candy displays; and 57% of stores sold tobacco leaf cigar wraps (see Attachment 2). Again, according to the Los Angeles County Department of Public Health, research shows youth are frequently exposed to tobacco ads at retail stores, which may increase their smoking initiation rate. Some little cigars are sold individually and, thus, do not carry the Surgeon General's warning which appears on the pack. As a result, consumers may not be exposed to health messages about tobacco's harms, further exacerbating misconceptions there are few, if any, associated health consequences from cigar smoking. 1. Current Legislation In June 2009, the President signed into law the Family Smoking Prevention and Tobacco Control Act (the "Act "). The Act recognizes virtually all new users of tobacco product are under 18, the minimum legal age to purchase those products, and it gives the Food and Drug Administration the power to regulate the tobacco industry. The law imposes restrictions on cigarettes and smokeless tobacco retail sales. Major aspects of the Act are: • Requires face -to -face sale with proof of age to purchase tobacco products • Bans the sale of packages of fewer than 20 cigarettes • Bans flavor cigarettes Prohibits "reduced harm" claims ( "Light," "Low" or "Mild ") • Requires substantial warning labels • Bans tobacco product sponsorship and free samples 2. Manipulation to Avoid regulation and Taxation In recent years, tobacco companies have manipulated their products to avoid regulation and taxation. Federal and State laws distinguish between cigarettes and cigars based on the composition of the wrapper and the weight of the product, while the distinction between small and large cigars is determined by weight. To circumvent the FDA's ban on the sale of fewer than 20 and fruit- and candy - flavored cigarettes that appeal to kids, some cigarettes makers have added tobacco to the wrapper and weight to their products so they meet the definition of small or large cigars. As a result, they avoid the ban on flavorings and 20- minimum packaging. Those manipulated cigarettes have also escaped other FDA regulations, including a ban on deceptive terms like "Light" and "Low -Tar" and a requirement cigarettes be kept behind the counter and out of reach of kids. In addition, they are also taxed at a lower rate. 3. Increased Consumption In the last decade, cigarettes consumption rates have declined while little cigar sales rates have increased dramatically. The recent increase in sale of little cigars is frequently attributed to increase in taxes on cigarettes, and historically much lower taxes on cigars. November 20, 2013 Ordinance No. 1360 Paqe 3 of 10 Nationwide, monthly sales of large cigars increased from 411 million in January 2009, prior to passage of the Act, to over 1 billion in September 20112. 4. The Tobacco Industry Perspective In preparing this report, staff has (i) met with representatives from a local cigarillo manufacturer and the Cigar Association of America (see attachment 3), (ii) scheduled a meeting with the National Association of Tobacco Outlet, however the latter did not attend the meeting, (iii) received written comments from retailers and (iv) gathered verbal comments from businesses, that were presented in opposition to this proposed Ordinance during the City Council public hearing on October 2, 2013. Major concerns from the tobacco industry are summarized below: • The tobacco industry believes this proposed ordinance is not necessary because the FDA is currently working on new regulations to capture small and large cigars. That new legislation would be easier for the industry to comply with rather than attempting to comply with a series of different regulations, creating specific packaging and other constraint specific to only one city and differing from one city to another. The tobacco industry is, however, not opposed to a product placement ordinance to regulate where the cigars could be located within the store display and offers to work with staf i toward developing such regulation. Staff response: The FDA does not have a set schedule to complete the new regulation. The FDA has also not yet published any draft documenting the scope of the proposed regulations or whether it will address the City's concerns. The City may propose a product placement ordinance at a later date. Also, if the FDA adopts such regulations, then the City Council can reconsider whether regulations must still be imposed by the City or the FDA regulations preempt the City's rules. • The tobacco industry rejects the argument that warning labels are not present on cigar products because they are printed on the display container. Staff response: Warning labels, when printed, are printed on the display containers or, in some cases, on the side wrapper of single cigars. However, they do not meet the size requirement imposed on cigarette packages and are often either illegible due to the small print or not visible due to the placement on the display boxes. • The tobacco industry claims the proposed ordinance will unfairly impact adult cigar consumers. Staff response: The ordinance does not prohibit adults of legal age to purchase single cigars if purchased at a retailer whose business is primarily cigar sales. The ordinance also exempts cigar retailers from the packaging requirement. The ordinance regulates only the z United State Government Accountability Office. GAO -12 -475 November 20, 2013 Ordinance No. 1360 Paqe 4 of 10 packaging of less than 5 cigars that are sold at such places as convenience and grocery stores. • The tobacco industry claims cigars are already regulated by the State and federal regulations. Staff response: Cigarillos are covered by State and federal regulations as "cigars" which does not provide the same protection as the regulation for the sale of cigarettes. While proof of age is required, those products can be sold in individual packaging, are exempt from the flavoring ban and do not have to be located behind the counter. • The tobacco industry states the ordinance will cause substantial loss of sales tax. Staff response: The tobacco industry failed to provide any financial data supporting the argument the City would lose a substantial amount of sales tax as a result of the proposed ordinance. Even if it is presumed that there is a loss, staff estimates that the loss would only be a maximum of about $1,062 - $4,307 per year 3. That impact will be negligible and may be offset by the sales tax collected on cigars sold in packaging of 5. Other comments received either written or verbally include: • The businesses will lose foot traffic associated with the sale of cigarillos and single cigars and miss on incidental sales. Staff response: The businesses failed to provide any financial data supporting the argument the sale of cigarillos generates any or how much incidental sales. The ordinance does not prohibit the sale of cigars to customers of legal age, as long as they are sold with a minimum of 5 in a package. The current packaging targets under age customers with a price point of $0.50 - $2.00 that is unlikely to generate additional substantial incidental sales. • The 7- Eleven convenience stores do not display tobacco products next to candies and have strict cash register policy to prevent the sale of tobacco product to under age customers. Staff response: While it is true the 7- Eleven stores do not associate tobacco products with candy displays and they have very strict policy and a computerized cash register system to prevent the sale of tobacco product to under age customer, not all other retailers have similar policy or system. Therefore, the 7- Eleven businesses may be less affected by this ordinance than less restrictive businesses for which this ordinance is necessary. s Based on: 1) If all 59 tobacco retailers in Baldwin Park sell 1 cigar per hour, for 10 hours /day, 365 day /year; 2) Cigar cost is $0.49 - $2.00 and 1 % sale tax revenue to the City or $0.0049 -$0.02 per cigar November 20, 2013 Ordinance No. 1360 Page 5 of 10 Ordinance No. 1360: The proposed ordinance would prohibit retailers, except those whose business is primarily the sale of tobacco products, from selling any single cigars, whether or not packaged for individual sale, if sold in any number fewer than the number contained in the original packaging and that packaging must contain five or more cigars. FISCAL IMPACT: There is no adverse impact to the General Fund other than routine Code Enforcement time to enforce the ordinance. Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)" ATTACHMENT: 1) Sample of cigarillos products 2) Survey Report — City of Baldwin Park 3) Cigar Association of America — Letter dated 10/2/2013 4) Ordinance No. 1360 l ITIK W m .2) C) vi CT O O (D 0 2? fD CT > 70 co C: C) 0 X cc E -0 2 -0 (D > U) 0 0 (n (D 0�5 ) CD M E 2) C) C: 2 (D 0- U) C: - O N t (D C: cu .2 C) CL m E0) 0 :3 E 70 C) M CL , 0 70 -,2 o -Z 0 0 V LL 0 a) C: tf a. 0 -C 0 m m 0 C) .0 0) 0 r- 0 — :6 73 Cc O.S 0 0 cz .2 C: C) 0 (D a) a) (D V) "n 0 a) > (D > 0 0 �5 E 00 U) -0 a) w C E -0 O co m .50- o-, cu ~ E th 0 °- U (D CO Y 0 15 01 (Iii), U) 0 0 N .c 0) -0 CL E C: 0 CL. 0 E LD E FE m m o E (D > X '6 om E (D =1 LL a) co 0 > D- M a) LO 0-:t- = CD E o 0- 0 0— C) C 1) - ) a) a) . t6 C En — 1:5 0 -D 0 'D CU -0 m 0) 0) r C: 0).C: t .2 C -,4 0 1� < 0 L) (h Lo 0 V) a) cn (n 64, —j a) M> 2 -0 F= C: = --- a) - CU c o a) (D Ch 0 a >1 O E 70 0) 70 to C: 0 M (D .2 .0 E a,) :, a- t ca Z -0 2 M cc 0 .0 o Lm c: a Q 0 .0 cu U) c '6 cm a) C E 'c—n E U:D) (D 2 C6 0- > (D u) q) r-) ' 70 > Z) SL I M 'M c 0 (D co O C .LD C: o O >, E aJ aS V) E E :3 0 0 a) cu CO 70 C 70 6n 0 < C) C: 0 rD D = C c, E 0 c) U) C 'F -0 CY) 0 C: (D o 'E ca ns U) :3 CD C: 0 C=I: C: -E (D o > 0 O L) 0 0 Lf) 0- -c E E ol N m 0 E U) (D (D c -0 0 M 0 0 70 0 -0 C) (D a) w 0 X a) (D Q 07 —0— n3 O 0 -0 CD 0 C) CM o a) In a) oa) E co Q 0 :t-_ 3� o V) co O L) o (D = N cc �2 0 2.2 o a) cn cn 0 x D—' Zo 0 (D * • • • • 0 0 tt 0 O tG O N al O U) m a) 2) C: r D as (D 0 CD O M 0 (D rr- (D _0 C6 C: 0 > -0 N n3 Ui C: a) (D o CL Ln W 2 0 0 0 = > m LL 0 c < in 'E -2 nT E a < 0) 2 m U- r- a) co :tl_ > m > cu • 0 tt 0 o 0 tia 0 C7' t7 o O tz O � c w E 0 aS N C co N tu co cc 0 2? fD CT > 70 co C: C) 0 X cc E -0 2 -0 (D > U) 0 0 (n (D 0�5 ) CD M E 2) C) C: 2 (D 0- U) C: - O N t (D C: cu .2 C) CL m E0) 0 :3 E 70 C) M CL , 0 70 -,2 o -Z 0 0 V LL 0 a) C: tf a. 0 -C 0 m m 0 C) .0 0) 0 r- 0 — :6 73 Cc O.S 0 0 cz .2 C: C) 0 (D a) a) (D V) "n 0 a) > (D > 0 0 �5 E 00 U) -0 a) w C E -0 O co m .50- o-, cu ~ E th 0 °- U (D CO Y 0 15 01 (Iii), U) 0 0 N .c 0) -0 CL E C: 0 CL. 0 E LD E FE m m o E (D > X '6 om E (D =1 LL a) co 0 > D- M a) LO 0-:t- = CD E o 0- 0 0— C) C 1) - ) a) a) . t6 C En — 1:5 0 -D 0 'D CU -0 m 0) 0) r C: 0).C: t .2 C -,4 0 1� < 0 L) (h Lo 0 V) a) cn (n 64, —j a) M> 2 -0 F= C: = --- a) - CU c o a) (D Ch 0 a >1 O E 70 0) 70 to C: 0 M (D .2 .0 E a,) :, a- t ca Z -0 2 M cc 0 .0 o Lm c: a Q 0 .0 cu U) c '6 cm a) C E 'c—n E U:D) (D 2 C6 0- > (D u) q) r-) ' 70 > Z) SL I M 'M c 0 (D co O C .LD C: o O >, E aJ aS V) E E :3 0 0 a) cu CO 70 C 70 6n 0 < C) C: 0 rD D = C c, E 0 c) U) C 'F -0 CY) 0 C: (D o 'E ca ns U) :3 CD C: 0 C=I: C: -E (D o > 0 O L) 0 0 Lf) 0- -c E E ol N m 0 E U) (D (D c -0 0 M 0 0 70 0 -0 C) (D a) w 0 X a) (D Q 07 —0— n3 O 0 -0 CD 0 C) CM o a) In a) oa) E co Q 0 :t-_ 3� o V) co O L) o (D = N cc �2 0 2.2 o a) cn cn 0 x D—' Zo 0 (D * • • • • 0 0 tt 0 O tG O N al O U) m a) 2) C: r D as (D 0 CD O M 0 (D rr- (D _0 C6 C: 0 > -0 N n3 Ui C: a) (D o CL Ln W 2 0 0 0 = > m LL 0 c < in 'E -2 nT E a < 0) 2 m U- r- a) co :tl_ > m > cu • 0 O O O O fQ U- '20 0 L 0 o _0 0 1 cc co -a— a_ C) CO 0 0 >,,n5 U (D 0 cu W'o a) -CE 0 0 0 0 tia 0 O o O O � c E 0 aS N C co N tu co cc 6 -a 0 0 0 0 0 0 O O O O fQ U- '20 0 L 0 o _0 0 1 cc co -a— a_ C) CO 0 0 >,,n5 U (D 0 cu W'o a) -CE 0 0 0 0 ENV O o O O � c E 0 aS N C co N tu co cc 6 -a in C) a) u) 0 O ch tp 0 ca CY> ru 0 ou _o m �o u) m 70 0) 2 -0 -0 a) Z5 m m 75 0 a) 2 -0 -D 0 (D En Q = o (D cu = m = u) cn a) -0 co En v) O 0 o o CL 7�5 V -t6 0 0 0) 0 co - 0 - 0 0 - 00 o m t,- co U ) N Et)) O O O O fQ U- '20 0 L 0 o _0 0 1 cc co -a— a_ C) CO 0 0 >,,n5 U (D 0 cu W'o a) -CE 0 0 w Cigar Association • America Letter 10/2/2013 1 4 "'AR SSOf-JAT'ON OF AMERICA, INC, G siflq4l, NP/If Dr -Cc%t, To: Honorable Mayor and Members of the 'Baldwin Park City Council From: Craig P. Williamson, Cigar Association of America, Inc. Date: (-.)ctober 2. 21013 RE: Ordinance No. 1360 Ametiding Section 125.010 and 125.020 of the Baldwin Park Municipal Code to Prohibit the Sale of Single Cigars. Dear Mayor Lozano and Baldwin Park City Council Members: The Cigar Association of America, Inc.,joins with its members, tobacco wholesalers, tobacco retailers and their customers in opposing any packaging restrictions on. the sale of ci-ars in the Citv of Baldwin Park for the following reasons: a Cigars are a regulated adult product, the sales of which are regulated by state statute. 0 The proposed legislation will unfairly impact adult cigar consumers. o Adult a consumers enjoy cigars In a variety of shapes and sizes, Z� - offered to them in a variety of packages, based on established preferences. o Many adult cigar consumers'do not smoke cigars ever-,,,7 day, and purchase cigars in limited quantities to ensure They (Yet the freshest product. In addition, budget conscious cigar smokers should not be forced to buy more cigars than they choose to at their local retail establishment. Ma,yor Lozano October 2.20] Page 21 The LInited States Food and Drug Administration ("FDA"' has announced 'Its intentionto regulate cigars and Ls addressing such issues oo "minimum pack size for ciAum". Passing further packaging restrictions in premature io fight o[ the upcoming Federal action. m No state iu the country has adopted a statewide policy on the packaging o[ cigars. � The proposed legislation will have afiuuucial oo in-state business and City of Baldwin Park, tobacco tax revenue. o A minirrurn pack size restriction will result in lost sales for businesses throughout the city-,am well oso loss of tax revenue ao adult coosooners will purchase products elsewhere resulting in lost sales and tax reverrucs, The Ci gar Association of Annerica respectfully requests that the proposed ordinance be re' Respectfully submitted, Pre Cigar Association of America, Inc. ORDINANCE NO. 1360 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 • THE BALDWIN PARK MUNICIPAL CODE TO WHEREAS, State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such Cases as Cohen v Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of the City of Baldwin Park to regulate business activity in order to discourage violations of law; and WHEREAS, despite the State's efforts to limit youth access to tobacco, minors are still able to access smoking products; and WHEREAS, research demonstrates local tobacco retail ordinances dramatically reduce youth access to smoking products; and WHEREAS, the City Council has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use, in discouraging the illegal purchase of tobacco products by minors, in promoting compliance with laws prohibiting sales of tobacco products to minors and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City of Baldwin Park and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalties provided therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 125.010 of the Baldwin Park Municipal Code (BPMC) is hereby amended by adding the following definitions, in the correct alphabetical order, to read: "Cigar" means any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco, and includes all of the component parts of the Cigar Ordinance 1360 - Page 2 (including but not limited to tobacco, filters, or wrapping). For the purposes of this chapter, "Cigar" includes, but is not limited to, tobacco products labeled "cigar," "cigarillo," "tiparillo," "little cigar," "blunt," or "blunt wrap." "Significant Tobacco Retailer" means any Tobacco Retailer for which the principal or core business is selling Tobacco Products, Tobacco Paraphernalia, or both, as evidenced by any of the following: (i) twenty percent (20%) or more floor or display area is devoted to Tobacco Products, Tobacco Paraphernalia, or both, (ii) sixty-seven percent (67%) or more of the gross sales are derived from Tobacco Products, Tobacco Paraphernalia, or both, or (iii) fifty percent (50%) or more of completed sales transactions include Tobacco Products or Tobacco Paraphernalia. SECTION 2. Section 125.020 of the BPMC is amended by adding a new subsection (H) to read as follows: (H) SALE OF CIGARS PROHIBITED. (1) Notwithstanding any other provision of this chapter, no tobacco retailer shall Sell, offer for sale, or exchange for any form of consideration: (a) Any single cigar, whether or not packaged for individual sale, (b) Any number of cigars fewer than the number contained in the manufacturer's original consumer packaging designed for retail sale to a consumer or (c) Any package of cigars containing fewer than five cigars. (2) This subsection (H) does not apply to the sale or offer for sale of a single cigar or multiple individual cigars by a significant tobacco retailer. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE _ day of _, 2013 MANUEL LOZANO, MAYOR ALEJANDRA AVILA, CITY CLERK Ordinance 1360 - Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on , 2013. Thereafter, said Ordinance No. 1360 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER: a ABSENT: COUNCILMEMBER ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK PURPOSE The purpose of this staff report is to consider adopting Resolution No. 2013 -037, a resolution approving an application to the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for Barnes Park Improvements project and restoration efforts at Walnut Creek Nature Park. At their April 17, 2013 meeting, the City Council rejected all bids for the Barnes Park Improvement project due to a $127,700 shortfall. The project was placed on hold until additional funding was secured. Proposed improvements at Barnes Park include new splash pad with recyclable water system, splash pad water features, rubberized playground surfacing, ADA improvements, site demolition and grading, landscaping, fitness zone, and walking markers. As a bid alternate if project costs come below current estimate, a new large picnic shelter near the playground area and shade structure for the fitness zone. Additionally, in the last few years Walnut Creek Nature Park has been the target of continued vandalism and graffiti. Vandalism has included the theft of copper wiring for the irrigation system and light fixtures, theft of bronze plaques, damage to roof tiles, and frequent repairs to fence along the boundary with the Los Angeles County Flood Control right of way. As a result of the challenges at Walnut Creek Nature Park, the landscaping has been affected. Graffiti can be found on playground equipment, picnic tables, walls, and even rocks. With the Ia ^k funding to make major repairs, the park is in need of significant improvements. DISCUSSION In order to continue the improvements at Barnes Park and initiate work at Walnut Creek Nature Park, staff started seeking new funding sources. Since the end of last year and several years prior before, Staff has been working with the office of Los Angeles County Supervisor Gloria Molina to seek funding through Proposition A Excess Funds. As a result of several meetings with representatives from the Supervisor's office, the Supervisor recommended $500,000 in Proposition A Excess Funds to the Board of Supervisors for final approval. Funds were officially approved by the Board of Supervisors on October 15, 2013 with $300,000 allocated for Barnes Park and $200,000 for Walnut Creek Nature Park. In order to start the process for the contract, the City must adopt a resolution approving the submittal of applications to the Los Angeles County Regional Park and Open Space District. FISCAL IMPACT There is no impact on the General Fund. The City will be receiving a grant from Proposition A Excess Funds for a total amount of $500,000 that will be divided between Barnes Park ($300,000) and Walnut Creek Nature Park ($200,000). RECOMMENDATION Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2013-037 titled "RESOLUTION NO. 2013-037 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR BARNES PARK IIMPROVMENTS AND WALNUT CREEK NATURE PARK; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. Attachment: Resolution No. 2013-037 Resolution No. 2013-037 A A A A A WHEREAS, the people of the County of Los Angeles on November 3, 1992, and on November 5, 1996 enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Propositions), which among other uses, provides funds to public agencies and nonprofit organizations in County for the purpose of V ZI 11 1. .. I __­ ­_ acquiring and/or development facilities and open space for public recreation; and WHEREAS, the Propositions also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds- 7 and WHEREAS, the District has set forth the necessary procedures governing application for grant funds under the Propositions, and WHEREAS, the District's procedures require City of Baldwin Park to certify, by resolution, the approval of the application before submission of said application(s) to the District-, and WHEREAS, said application contains assurances that City of Baldwin Park must comply with-, and WHEREAS, City of Baldwin Park will enter into an Agreement with the District to provide funds for acquisition and development projects. NOW, THEREFORE, BE IT RESOLVED THAT THE BALDWIN PARK CITY COUNCIL HEREBY: 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for the above project, and 2. Certifies that City of Baldwin Park understands the assurances and certification in the application form; and 3. Certifies that City of Baldwin Park has, or will have, sufficient funds to operate and maintain the project in perpetuity; and Resolution No. 2013 -037 Page 2 4. Appoints the Director of Recreation and Community Services or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this 20th day of November, 2013 MANUELLOZANO MAYOR S T ATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) i, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on November 20, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK .r! q14 BAMWIN A • • CITY OF BALDWIN 'R, NOV 711156TY-1111 i . TU S PURPOSE The report requests the City Council adopt a resolution approving the application to participate in the San Gabriel Watershed, San Gabriel Mountains and Lower Los Angeles River Grant Program under the Safe Neighborhood Park, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. W912HORM On March 7, 2000, the voters in California enacted the Safe Neighborhood Park, Clean Water, Clean Air and Coastal Protection Bond Act of 2000, commonly referred to as Proposition 12. The bond provides funds to public agencies and non - profit organizations in California for the acquisition, development, rehabilitation and /or restoration of recreational facilities and open space. In 2001, the City received earmarked Proposition 12 funds for the Teen Center and Skate Park through the assistance of then Assemblymember Hilda L. Solis. In 2002, the City received Proposition 12 funding under the Robe rti - Z'berg- Harris (RZH) Urban Open Space & Recreation Grant Program for the first renovation of Barnes Park. Both projects have contributed to the overall vitalization of the City and improved the quality of life for residents. DISCUSSION On September 23, 2013, the Rivers and Mountain Conservancy (RMC) approved a $35,000 planning grant to the City for the restoration of Walnut Creep Nature Park. A few weeks later, staff was notified by the RMC and Watershed Conservation Authority (WCA), the California Natural Resources Agency (CNRA) had excess funds that needed to be reallocated to a project. On October 24, 2013, the CNRA toured Walnut Creek Nature Park and indicated they were interested in funding an element of the project. On October 30, 2013, staff received formal notification the CNRA was going to allocate $220,000 to the Walnut Creek Nature Park Restoration project. As part of the agreement with the CNRA and RMC/WCA, the City will be designating $20,000 towards the WCA. The purpose in designating $20,000 will be for project support and guidance to the City. At a subsequent meeting, a staff report to subcontract with the RMC/WCA will be submitted to the City Council for final approval. In order to start the process for the contract, the City must adopt a resolution approving the submittal of an application under the San Gabriel Watershed, San Gabriel Mountains and Lower Los Angeles River Grant Program. Funding from this grant program will augment the already existing grant funds from other sources. The following table summarizes the available funds. Available Funds California Natural Resources Agency $220,000 Approved Prop A Excess Funds $200,000 Approved Rivers and Mountains Conservancy $35,000 Approved I ipper San Gabriel Malley Municipal Water District $25,0- 0- 0 11 Approved Total Available Funds $480,000.00 FISCAL IMPACT There is no impact on the General Fund. The City will be receiving a Proposition 12 grant from the California Natural Resources Agency in the amount of �22n,nnn. RECOMMENDATION Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2013 -038 titled "RESOLUTION NO. 2013 -038 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SAN GABRIEL WATERSHED, SAN GABRIEL MOUNTAINS AND LOWER LOS ANGELES RIVER GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEANWATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. Attachment: Resolution No. 2013 -038 A A A A A A A A Ili M-Al 'kJI,&*JW9J 14 :F-Al 0 k71-A 9:4 A JJXJK0y11&-J f1l M :1 :to A 0 WHEREAS, the Legislature and Governor of the State of California have provided funds for the Program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant Program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Applicant to certify the approval of Application(s) by the Anrl1icanf0 governing board before submI issI ion of said A pplication(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an Agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED THAT THE BALDWIN PARK CITY COUNCIL HEREBY.- 1. Approves the filing of an application for the Walnut Creek Nature Park Restoration, 2. Certifies that Applicant understands the assurances and certification in the application, and 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 12 Funds, and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that Resolution No. 2013 -038 Page 2 prior to commencement of construction, all applicable permits will have been obtained, and 6. Appoints the Director of Recreation and Community Services, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this 20th day of November, 2013 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALvvVlN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on November 20, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ffel Honorable Mayor and Member, FROM: Daniel Wall, Director of Public DATE: November 20, 2013 BOULEVARD SUBJECT: ACCEPTANCE OF AND AUTHORIZATION TO PROCEED WITH 0 REQUEST FOR PROPOSALS FOR THE DESIGN OF THE LO ANGELES STREET / LA RICA AVENUE AND BALDWIN PAR 1 DESIGN 0 1:110)x,1 � The report requests City Council accept the Request for Proposals (RFP) for the Los Angeles Street / La Rica Avenue and Baldwin Park Boulevard / Ohio Street Traffic Signals Design and authorize staff to advertise the RFP. BACKGROUND AND DISCUSSION The intersections of Los Angeles Street at La Rica Avenue and Baldwin Park Boulevard at Ohio Street are non - signalized. Both intersections have stop signs for traffic entering the intersection from the minor streets, while the traffic on the major streets has no traffic control. Both intersections also have existing striped school crosswalks. Due to these factors and traffic counts obtained by City staff, both intersections are good candidates for a traffic signal installation. The City will be seeking Proposals from consulting professionals experienced in traffic signal design to provide design services for the installation of traffic signals. The selected consultant will provide a complete set of plans and construction support for the installation of the traffic signals. As part of the design process, the designer will examine the intersections' existing conditions and recommend any needed concrete improvements, to meet current ADA guidelines, and any other improvements that might be needed for a safe crossing. The proposed design timeline is as follows: Consultant Selection Schedule Release /Advertisement of RFP ........................ ..........................11 -21 -2013 Deadline for Submittal of Proposals ................. ..........................12 -18 -2013 Complete Review of Proposals ........................ ..........................01 -02 -2014 Authorization to Proceed with Traffic Signals Design RFP Page 2 of 2 November 20, 2013 Award of Design Contract by the City Council . ..........................01 -15 -2014 Design Schedule Pre-Design Meeting ................................................................... 01-29-2014 Conceptual Layout Approval ...................................................... 02-26-2014 FinalizeDesign ........................................................................... 04-30-2014 Advertise for Construction .......................................................... 05-22-2014 Award Construction Contract .................. .................................. 07-16-2014 [21:191m N I lyi I:7_"TQ I There are no fiscal impacts at this time. Upon review of design proposals, staff will recommend a professional services contract to complete the design and prepare the construction documents. At that time, staff will also provide a cost estimate and breakdown of the proposed improvements RECOMMENDATION It is recommended that the Citv Council approve the Request for Pronnsals and direct staff to advertise. ATTACHMENT Request for Proposals • - . - . N 12 P - A , R- K DESIGN SERVICES FOR Los Angeles Street at La Rica Avenue Traffic Signals December 2013 IN THE CITY OF BALDWIN PARK, CALIFORNIA PROPOSALS DUE: December 18, 2013 at 5:00 P.M. at: CITY OF BALDWIN PARK CITY HALL 2nd Floor, Main Lobby Public Works Department 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 REQUEST FOR PROPOSALS Design Services for: Los Angeles Street at La Rica Avenue 7 IT ,I Baldwin Park Boulevard at Ohio Street Traffic Signals NBIZ •�� ✓ INTRODUCTION 1BACKGROUND ................................................ I ✓ PROPOSAL SUBMISSION INSTRUCTIONS ................................. 2 ✓ SCOPE OF WORK .......................................................................... 5 INTRODUCTION I BACKGROUND The City of Baldwin Park (City) is seeking Proposals from consulting professionals experienced in traffic signal design to provide planning and design services for the installation of a traffic signal at the intersections of Los Angeles Street and La Rica Avenue, and Baldwin Park Boulevard and Ohio Street, in the City of Baldwin Park, California. Exhibit I is aerial photographs of the intersections to be designed. Exhibit 2 is a copy of the warrant study worksheets for the intersections. Los Angeles /La Rica and Baldwin Park /Ohio Traffic Signal Design RFP Page 2 of 7 PROPOSAL SUBMISSION INSTRUCTIONS O Proposal Submission Deadline O Tentative Consultant Selection Schedule O Proposal Requirements & Format M Qualifications of Consultant M Firm Selection Process Proposal Submission Deadline In order for your proposal to be considered, this office must receive four (4) copies of the proposal no later than 5:00 p.m. on Wednesday December 18, 2013. Tentative Consultant Selection Schedule Release /Advertisement of RFP ........................ ..........................11 -21 -2013 Deadline for Submittal of Proposals .............................. ............. 12 -18 -2013 Complete Review of Proposals ........................ ..........................01 -02 -2014 Award of Design Contract by the City Council . ..........................01 -15 -2014 Proposal Requirements The proposal is to present a complete understanding of the scope of services in this Request for Proposals including the following: General Information and Background a. Firm name, address, telephone, and fax numbers. b. Nature of organization (i.e., individual, partnership, corporation, firm size, composition, and number of years in business). c. Names and qualifications of professionals (i.e., architects, engineers) and necessary support staff in organization. d. Addresses where work will be performed. If sub - consultants are to be used, indicate what work each firm will do and where work will be performed. Indicate where and how quality control and design coordination will be handled. 2. Project Approach a. General statements and descriptions of the team approach to design management, including anticipated use of staff, consultants, and liaison with City staff. b. State the proposed means of communications with sub - consultants, the City's project manager, or other City representatives. 3. Staffing Plans a. Provide a project organizational chart showing key professional staff, principles, and sub - consultants. Los Angeles /La Rica and Baldwin Park /Ohio Traffic Signal Design RFP Page 3 of 7 b. Provide resumes of all key personnel, and indicate the projects of similar nature performed with this firm or with other firms. Indicate the position and responsibility the individual held on each project. Provide a short description of the work that key individuals will perform on this project and the estimated percent of the key personnel's time that will be devoted to this project. Also, provide a short discussion of special consultants, if any. 4. History and Past Experience a. Description of the firm's relevant experience on completed or in- progress projects of similar size and scope including owner's name, address, telephone number, and specific contact persons. b. Identification and background of principals who will work on the project and the firm's capabilities and experience. 5. Proposed Task Breakdo.v�n Provide a project task breakdown with milestone dates with appropriate work phase efforts. Include the estimated times (man -hour effort) required to perform each general category of work. Also include a copy of the firm's standard hourly billing rates. Additional Requirements The selected consultant must provide the following: The Consultant Services Agreement shown in Exhibit 3 shall be used as the basis for engaging Construction Management services. 2. Evidence of California Worker's Compensation Insurance with Statutory Coverage and Employer's Liability limits meeting all State minimum requirements. 3. Evidence of General and Automobile Liability Insurance providing at least $2,000,000 combined single limit per occurrence for bodily injury and property damage, including the City, its officers, agents and employees are to be named as additional insured. The City must also be named additional insured with a separate endorsement on the General Liability insurance. 4. Evidence of $2,000,000 of Professional Liability Insurance (errors and omissions coverage). Consultant Qualifications The consultant must possess and demonstrate, as a minimum, the following qualifications: 1. Previous experience in providing design services for traffic signal installations. 2. Understanding of this type of project's scope of work and appropriate approach to performing design services. Los Angeles /La Rica and Baldwin Park /Ohio Traffic Signal Design RFP Page 4 of 7 3. Experience in coordinating traffic signal plan review and approval with Southern California Edison and Los Angeles County. 4. Sufficient experience of the project management team and key staff proposed. 5. A registered civil engineer in the State of California. 6. Availability of backup and other support staff to ensure the timely completion of the design services. 7. The ability to meet timelines and demands as may arise during the project's design, and the capacity to provide design support during construction or construction management should the need arise. 8. Recommended relevant references. Firm Selection Process Proposals shall be opened and reviewed by a selection committee, and will be evaluated on the basis of consultant qualifications and experience. The design contract will be awarded without discrimination or consideration relative to race, color, religion, sex, or national origin. The following summarizes the process: A selection committee will review all proposals and develop a short list with a final ranking of the most qualified consultants. An Evaluation Sheet similar to the one shown in Exhibit 4 will be used to evaluate the qualifications of each firm. If the committee recommends interviewing the top two or three consultants, the interviews are to be scheduled so they occur within one week after Proposals are submitted. 2. The City will negotiate with the firm ranked highest on a revised scope of services, more or less, and negotiate the corresponding cost proposal to right -size the project scope within the stated budget. In the event these negotiations are not successful, negotiations will be held with the second - ranked firm and subsequent firms in order, if necessary, until a satisfactory agreement is reached. The City reserves the right to reject any or all proposals submitted, and the City is not liable for any pre - contractual expenses. Pre - contractual expenses are defined as expenses incurred by the firm in: (1) preparing the proposal in response to the RFP; (2) submitting that proposal to the City; (3) negotiations with the City on any matter related to this RFP; and (4) any expenses incurred (if any) by the firm prior to date of award of the agreement. Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. Los Angeles /La Rica and Baldwin Park /Ohio Traffic Signal Design RFP Page 5 of 7 SCOPE OF WORK Project Description Scope of Services Staffing and Organization Design and Development Schedule Cost Proposal Project Description The existing intersection of Los Angeles Street and La Rica Avenue is non - signalized. La Rica Avenue has stop signs for northbound and southbound traffic entering the intersection, while the traffic on Los Angeles Street has no traffic control. There is an existing striped school crosswalk at the west end of the intersection, crossing Los Angeles Street. The other three crossing have no striped crosswalk. The existing intersection of Baldwin Park Boulevard and Ohio Street is non - signalized. Ohio Street has stop signs for eastbound and westbound traffic entering the intersection, while the traffic on Baldwin Park Boulevard has no traffic control. There are two existing striped school crosswalks at the south and north ends of the intersection, crossing Baldwin Park Boulevard. The other two crossings have standard yellow striped crosswalks. The City plans to install traffic signals at both of the above described intersections. The design shall include video detection at the intersections. The school crosswalks are to remain. Scope of Services The City desires to engage a firm that will review the existing conditions of the intersections, integrate the above mentioned improvements, and make any other necessary recommendations, including needed concrete work to meet current ADA guidelines at the intersections. The concrete improvements should seamlessly fit the existing surrounding improvements. The selected firm must provide plans detailing the connection of the new improvements to the electrical utilities. Coordination with Southern California Edison (SCE) will be necessary. Coordination with Los Angeles County will also be necessary for the design and timing of the traffic signal at the intersection of Baldwin Park Boulevard and Ohio Street, since all traffic signals on Baldwin Park Boulevard are synchronized by the County. At minimum, the following anticipated milestones are required to be identified in the proposal. A breakdown of the tasks anticipated for each milestone, or additional milestones that fit the firm's approach to design services may be listed. Milestone A — Pre - Design Meeting O Discussion of the scope, budget details, and schedule O Preliminary concept Los Angeles /La Rica and Baldwin Park /Ohio Traffic Signal Design RFP Page 6 of 7 O Coordinate with equipment manufacture to incorporate equipment requirements into conceptual layout O Coordinate with Southern California Edison to connect the new improvements to the electrical ulities O Coordinate with Los Angeles County for the design and timing of the traffic signal at the intersection of Baldwin Park Boulevard and Ohio Street. Milestone B — Conceptual Layout • Prepare concept for the equipment layout, signage, striping and major concrete work, including modifications required to comply with the Americans with Disabilities Act requirements. • Prepare a final concept reflecting City staff direction. • Hold a meeting with the City to discuss the final concept design. At this time, only minor revision should be considered. Obtain approval from the City on the concept layout so that final design may begin prernnrntinn Milestone C — Final Design Progress Meeting at 75% Design Development • Submit the design developed to 75% to the City for review. • Submit a draft of the construction specifications and bid documents to the City for review. u Submit an estimate of the construction costs to the City for review. Milestone D - Finalize Design O Submit the final design to the City for review. • Submit the final construction specifications and bid documents to the City for review. • Submit the final construction cost estimate to the City for review. Submittals must include: 0 Demolition & Protection Plan 0 Grading Plan, Details, Notes and Calculations ® Erosion Control Plan ® Construction Plan, Details and Notes O Striping and Signage Plan, Details and Notes C3 Electrical Plan, Details, Title 24 Compliance Calculations and O Traffic Signal Timing Chart 13 Project Specifications M Final Stamped and Signed Traffic Signal Plans on 24 "x36" sheets, pdf format, and AutoCAD format. Staffing and Organization Notes 4 millimeter mylar The consultant shall include in the proposal the staff assigned to the various milestones and tasks. The City Staff, organization, and lines of communication will be clarified at the Pre - Design meeting. Los Angeles/La Rica and Baldwin Park/Ohio Traffic Signal Design RFP Page 7 of 7 Design and Development Schedule Pre-Design Meeting ................................................................... 01-29-2014 Conceptual Layout Approval ............. _ ............................. ......... 02-26-2014 Finalize Design ........................................................................... 04-30-2014 Advertise for Construction .......................................................... 05-22-2014 Award Construction Contract ........................... ..........................07 -16 -2014 Cost Proposal A cost proposal listing the milestones, tasks, personnel assigned to the team, estimated man-hours for each task, and the corresponding hourly rates. The cost proposal shall be reflective of the proposed scope of work. The cost proposal should also include, as a separate item, the cost to provide design support during construction or construction management, should the need arise. Exhibit 1 Intersection of Los Angeles Street and La Rica Avenue Intersection of Los Angeles Street and La Rica Avenue C sit it Nl. °Ti 'D, 12 fk' w, r�mmded for it- 6 Exhibit 2 Figurc 4C-101 fCA)- Tniffic Siqnil) warrielts Worksheel (shf-�''t 1 of Condition A - Plininnum, Ve.-hicle Volume rSSwafi L A1,11, 2 Crindition 6 - InterTUj.)fl0fl Of Continuous Traffic t'AP'Nil "ALAI IREWE -III 'H" HW',4 lq !(,"vW N tN R �`V4 K L T R I li m -ANES, O'DUNT DA7 it, F-c- T E F'M M 'A"Jix...8 , o > RURkL rR) 1E up m'te;; t—' ppuu r,rl K URBAN ,Ul WARRANT 1 - Eight HOUr Vehicular Volume SATISFIrm 'Y Yr-s No �Cctndition A or Condition B or cambination, at A and B must h a s al Lqfit4 d) Condition A - Plininnum, Ve.-hicle Volume rSSwafi L A1,11, 2 Crindition 6 - InterTUj.)fl0fl Of Continuous Traffic t'AP'Nil "ALAI IREWE -III 'H" HW',4 lq !(,"vW N tN R �`V4 K L T R I li m -ANES, F-c- M 'A"Jix...8 , o 79 Conib[nation of Conditions A & B I 00`�r SATISFIED YES NO 11-1-1 BO% SATISFIED YES NO 0 I aO% SATISFIED YES 0 NO Lj M SATISFIED YES El NO D iylo 11190 SAMFIED YF-S E-1 NO D R F Ml I R Ell FN 7 CONDITION V�F ULF - I L L ElD r. V1 N M Ml a H K'Aj V�'.'u POL 'Yes E] 'j-Y'Vz COU"--) INCON V�'- "J�l ve-'; rjo t-l' 0 '1 NAl- I- K; -A.0 - DL-AY A,,J'- -n!) F'-� or ms--arils snaH icl m 01svil rmkc, t,�.c & a cnf��M'A re, a t7,yiff, jr siqF,�aj -�Var" 1, 1 "' s jrjtzldc"-'° for "1' 4'�'R Ryaf' + 4C-101 (CA)., T(O'h'r- SiEy-oal 'Warrants Workshent (Shruvr 1 of ) F N'noi n- _h 'o 1CLX?0 rw"p-, RIORAL (R, U RbA N (U) WARIRAN7 I E i g ht H ou I, Veh i eu I at Vc, I u n i e SATISFIED YES N0 !.Conrfiflon A or Condition 6 ar carnhination ofA and B rrust ho sat1 sfie4) Condih�):rt A - tvlm�'u-iurn Vehick! Vokane 1001"a SATISFIED YES NO SATISFIED YES NO 'L i N i ,,,',C.X, L I S", (7 I Condific,Fi B - Inturruption of Continuous Traffic 1" HN IM" 1-1 iRLF,,1LNT"-' IE- j pq. (-ombinafion of Conditians A & B 100% SA7ISF'1ED YES El NO L] 80% SAT I SFIED YES [I NO LJ m SATISFIED YES F1 NO L-I R:-'- a u I A, E M E 'N' I' CONEXTION F U LF Ii LL E D A� 'NI IN €WA AI Ft AN!) A Il A P Tr TAI I f a EEC A 7 ERN Tl AT ,u 2 H AUII-)"r- LES AkD 7r AH'ir.,' FAII-E, 'Ics t'Xr -.1t ofa t-zd"F _ : sRpr'---')l -.v v,'arrams -xh:AI noL v, i-,sz.q- req,,k-� fne, instan,-,i2r �f a Nn:d, Sul&: a Ymu'w" Exhibit 3 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 20_ by and between the City of Baldwin Park, ( "City "), and ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A. Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. Consultant shall commence and complete the services in this Agreement within the time period shown on "Schedule of Performance" attached to and incorporated into this Agreement as Exhibit "C." 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. Consultant Services Agreement Page 2 of 5 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits of $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits of $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall Consultant Services Agreement Page 3 of 5 provide: (1) the City, and its officials, officers, agents and employees are named as additional insured; (2) the coverage provided shall be primary as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and /or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under Consultant Services Agreement Page 4 of 5 the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close -out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and /or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded 'based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 21. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Consultant Services Agreement Page 5 of 5 (B) Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant shall send a copy of all notices to the City Attorney. City Attorney: Joseph Pannone / Aleshire & Wynder, LLP South Bay Center, 1515 West 190th Street South Tower, Suite 565 Gardena, "-'.A 90248 (310) 527-6660 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk CITY OF BALDWIN PARK M Manuel Lozano, Mayor Dated: CONSULTANT: FIRM NAME By:_ Name:— Dated:— Title: Address: Telephone: ( - Exhibit 4 Proposal Evaluation Form Consultant Selection for Los Angeles Street at La Rica Avenue and Baldwin Park Boulevard at Ohio Street Traffic Signals Design Services 121MI, Date: Evaluation Criteria Score Range (Weak - Strong) Criteria Score Comments: Firm Experience 1. Familiarity with the Project. 0-10 2. Experience with Relevant Projects. 0-10 Team Qualifications 3. Staff Assigned to this Project. 0-15 4. Management and Oversight Staff 0-10 Firm's Approach to Project 5. Approach and Quality of Proposal 0-25 Firm's Organization 6. Availability of Backup Personnel 0-10 Firm's Cost & Design Schedule 7. Ability to Meet Timeline 0-20 Total Evaluation Score 0-100 in BALDWIN P � A - R- K im • • NOV 2 0 CITY OF BALDWIN PARK STAFFREPORT ITEM NO. --L--- Consent Calendar Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development Ma November 20, 2013 SUBJECT: Second reading of Ordinance 1359. The addition of Section 153.170.107 to the City's Municipal Code relating to comprehensive sign programs (Location: Citywide; Applicant: Kaiser Permanente; Case Number: AZC-1 74) FdFf.1_T.1T-0_R115 This report requests City Council approval of Ordinance 1359 adding Section 153.170.107 to the City's Municipal Code relating to billboards. This Ordinance was introduced at the City Council meeting on November 6, 2013 for first reading, and at that meeting Ordinance 1359 was approved by the City Council. This Ordinance adds Section 153.170.107 to the Baldwin Park Municipal Code. I Staff recommends that the City Council adopt Ordinance 1359 on second reading, read by title only and waive any further reading thereof. ATTACHMENTS *Attachment #1, Ordinance 1359 REPORT PREPARED BY: Amy L. Harbin, AICP, City Plannk4i�_ CAAmy\AMY\W0RD\Reports\Counci1 Reports\AZC-1 74 2nd reading.doc Mo • Me A ME# ORDINANCE NO. 1359 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS WHEREAS, signs located within the City can provide a reliable means of advertising for a business, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of commercial developments, at times, experience a hardship given current sign development standards given certain irregularities with the site, including the scale and size of buildings, or limited site visibility, WHEREAS, the creation of a comprehensive sign program creates a unified and consistent architectural theme; WHEREAS, a sign program improves the aesthetics of the community by providing an incentive and latitude in the design and display of multiple signs, and; WHEREAS, the overall intent of a comprehensive sign program is to provide the means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, while not circumventing, the intent subchapter 153.170 relating to city appearance, traffic safety hazards, on -site signage, communication and to protect investment and quality of life. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow comprehensive sign programs; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.107, to read in its entirety as follows: "Section 153.170.107 Comprehensive Sign Programs A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign Ordinance 1359 - Page 2 program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist: 1. Whenever the floor area is in excess of 25,000 square feet; 2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site; 3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Approval Authority and Limitation. The Planning Commission shall be the review authority for a comprehensive sign program. D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filling fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee. E. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this subchapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants; Ordinance 1359 - Page 3 5. The sign program shall comply with the standards of subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter; 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. F. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development; 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and /or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter. G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised comprehensive sign program by the Planning Commission." SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. Ordinance 1359 - Page 4 PASSED AND APPROVED ON THE _ day of 7 2013 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK Ordinance 1359 - Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on ) 2013. Thereafter, said Ordinance No. 1359 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK 0 ern�f rt BALDWIN P , A- R � K Im • IWA Harbin, Amy L. AICP, City Plan _ •. SUBJECT: Transit Oriented Development Specific Plan for the Downtown Area of • Park Request • t Proposal This report requests City Council review and approval of a request for proposal (RFP) to prepare a transit oriented development (TOD) Specific Plan. Earlier this year, the City applied for and was awarded a transit oriented development planning grant from the Los Angeles County Metropolitan Transportation Agency (MTA) to prepare a transit oriented development specific plan for the City's downtown area. The City's goals for the transit oriented development specific plan within the City's downtown district may be summarized as follows: 1) to create a strong community identity and sense of place in the heart of town; 2) to increase the level of goods and services available to the residents of the community; 3) to provide new employment and housing opportunities for the residents of the community; 4) to attract shoppers from outside the community; and 5) to strengthen the City's tax base. It is anticipated that the specific plan will include the City's Downtown Area which generally includes the area within Y4 to Y2 mile from the City's Metrolink Station and Ramona Boulevard which is a primary artery for both Foothill Transit and MTA busses to the El Monte Bus Terminal. Anticipated outcomes once the specific plan is adopted include, facilitation of different types of development, which would lead to a more lively and vibrant Downtown, identification of opportunity sites, preservation and adaptive reuse of existing resources, identification and creation of walkable routes and bicycle paths, and optimally utilized and designed parking facilities, Additionally, special design review processes can be put into place for quality and pleasing architecture and landscapes. Complete streets policies and guidelines can be integrated based on current efforts. RFP for TOD Specific Plan November 20, 2013 Page 2 FISCAL IMPACT As stated above the City received a grant from MTA in the amount of $289,000.00 to prepare the specific plan. The City is expected to contribute $30,000.00 toward the project and will utilize the General Plan Fee and AB2766 Funds toward this amount. An in-kind local match of $30,000.00 is also expected in staff assistance and project management. The total project cost is $349,000.00. There will be no impact on the General Fund. Staff recommends that the City Council approve the Transit Oriented Development Specific Plan consultant request for proposal and authorize staff to issue the request for proposal. ATTACHMENT #1, Request for Proposal C:\Amy\AMY\WORD\Reports\Council Reports\TOD SP RFP Approval by CC.doc RFP for TOD Specific Plan November 2O.2O13 Page C Report�OD SPmFP Approval byCC.uoc Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 COMMUNITI Y N YAWN-- a . JDVATjj"L'Wl 9] M:YAI 4 10 IIATJ 10 M:jAj',j ovember 20, 2013 Submit By: 3EU-019AW Please forward your responses to: Amy L. Harbin, AICP City Planner City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 INTRODUCTION.- The City of Baldwin Park is seeking qualified consultants or consultant teams with proven expertise to submit a Proposal for the preparation of a Transit Oriented Development Specific Plan for the Downtown Area of the City of Baldwin Park. The consultant team should be led by a firm that specializes in urban design (an architecture, landscape architecture or urban planning firm) with experience indowntown, revitalization. Should your firm choose to respond to this RFP, please submit the items outlined in the section titled "REQUEST FOR PROPOSALS SUBMITTALS." Community Setting.- Incorporated in 1956, the City of Baldwin Pa downtown Los Angeles. The intersection of Gabriel River) Freeways lies near the southv City is also bisected by San Bernardino to U Regional Rail Authority's Metrolink Commute The City is a predominaf part of the City have plat office, and industrial Ian the redevelopment of lar freeway close properfie! According to the most re persons. This is more th, community, the City ha According to the 2010 C� than the County averag( City's housing stock anc is located approximately 15 miles east of he 1-10 (San Bernardino) and 1-605 (San mt corner of this 6.8 square mile city. The ion Station line of the Southern California Rail System. tly residential bedroom community, although recent efforts on the ad a greater emphasis on reuse and rehabilitation of commercial, I uses. However, the City is near "build out," focusing efforts on d, especially within the City's Central Business District (CBD) and ,ent Census Figures, the City's population has surpassed 75,000 n double the population in 1960. A largely Hispanic working class 5 also experienced a recent increase in its Asian population. msus, the City has a considerably larger average household size , suggesting overcrowded conditions, increased pressure on the the City's ability to provide services. Project Area Description: Located at the geographic center of the city, the study area can also generally be described as an approximately 210 acre area bounded by La Rica Avenue to the west, Clark Street to the north, the City's boundary to the east and the City's Metrolink Station to the south (reference the maps included in Attachment #1). The boundary mayor may not include the area identified in the Zoning Code as the 'Downtown Overlay'. Ramona Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 Boulevard and Maine Avenue are considered the main east-west and north-south arterials respectively. The downtown area was originally developed as a pedestrian and transit oriented traditional downtown. The old Pacific Electric Red Car rail line to Los Angeles once occupied the middle of the Ramona Blvd. right-of-way, connecting Baldwin Park to downtown Los Angeles. However, in the early 1950's, the Red Car rail system was dismantled. Since then, the City has allowed incompatible strip commercial development to replace older buildings in the downtown area. Though still called the "downtown", the traditional downtown district fabric has been dissolving around its edges in favor of automobile oriented strip commercial development. PROJECT GOALS: The City's goals for the transit oriented development within be summarized as follows- 1) to create a strong communi the heart of town-, 2) to increase the level of goods and se of the community; 3) to provide new employment and residents of the community; 4) to attract shoppers from of strengthen the City's tax base. SCOPE OF WORK: he City's downtown district may i identity and sense of place in /ices available to the residents housing opportunities for the tside the community; and 5) to The selected consultant will be required to perform the tasks as described in Attachment #1, which includes CEQA documentation. REQUEST FOR PROPOSALS SUBMITTALS: Firms desiring to respond shall submit proposals in sufficient detail to allow a thorough evaluation and comparative analysis. The proposals should be as brief and concise as possible (no more than 25 total pages), without sacrificing clarity or the required information. The proposals should include as a minimum the following information, presented in a readily understood and logical format: 1 Introduction. A brief introduction to the proposal, the lead firm (and subcontractors), and the project as understood by your firm. 2. Qualifications. Discuss the overall capabilities of the organization, as well as a description of the firm's history, recent experience (including administrating and managing Metro planning grants), and organizational structure. Provide resumes and/or detailed summary of background for any top-level management which the firm expects to participate in the project. Similar information should be provided for each subcontractor, as well as a statement as to that firm's contribution to the project. • Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 3. Personnel. Include an organizational chart applicable to this project, identifying the project manager(s), key personnel, and supporting staff. Provide a resume and/or detailed background summary for the project manager and key personnel. Moreover, the specific responsibilities of the project manager and key personnel should be detailed; in addition, indicate the anticipated contribution of each staff member to this project, expressed for instance in terms of person-hours. 4. Scope of Work. Present your response to the Scope of Work, describing a work program and the generation of a work product. Discuss the depth and scope of analysis of research proposed, in addition to the analysis and research already completed. 5. Cost Summary. Present an estimate of the total cost and estimated person- hours required to complete the project, plus fee and persod-hours breakdown for completed milestones or tasks. Include information on hourly rates for all project team members, billing methods, and rates for extraordinary expenses (i.e. reproduction costs, travel expenses, meetings not included in the proposed fee, etc.). 6. Schedule. Present a comprehensive schedule for completing the Specific Plan, consistent with the Scope of Work. Specific milestones should be identified (consistent with fee information). It is anticipated that the project shall be completed by June 30, 2015- However, the City is not adverse to a reduced schedule. 7. References. List three (3) or more former clients for whom similar or comparable services have been performed. Include the name, mailing address, and telephone number of their principal representative. Provide a brief description of the service provided. 8. Comments on the Scope of Work, including suggestions for augmenting, streamlining, or clarifying the scope are encouraged. This project is funded, by a Metro Transit Oriented Development Planning Grant, limited General Plan Fees and AB2766 funds. I = M FTC-M ZZ om-TTV.-Mg • A concise, professional and complete response to this RFP will help the City identify the most qualified consultant team and will be indicative of the level of the respondent's ME M Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 commitment to the project. Each submittal will be evaluated based upon requested general criteria and the qualifications of the consulting firm. The selection of the consultant team will be based on the demonstration of expertise, professional qualifications, quality of information submitted in response to the RFP, interviews, evaluation of the consultant team's past projects and performance, and other pertinent factors, including cost. The consultant selected to participate must demonstrate the experience and resources needed to create a Transit Oriented Development Specific Plan. Prior experience with transit oriented development specific plans, CEQA and other environmental experience will be critical elements in the evaluation process. The following is a guide to the criteria, which will be used in the evaluation process. Proposal and consultant team characteristics.- 1. Understanding of the project scope and goals. 2. Experience in providing quality consulting services for Transit Oriented Development Specific Plans. 3. Experience and expertise in consulting for projects that are similar in nature and complexity. 4. Experience in administration and managing naging grants, specifically Metro Planning Grants. 5. Ability to provide on-site resources with experience and capability to assure timely implementation of the proposed development. Evaluation of proposals shall be based upon a competitive selection process. The contractor shall be responsible for the accuracy of the information supplied. In reviewing and'�8valuating the submitted proposals, the City will use the following criteria on the next page: : MF ➢ Successful experience with similar types of Relative Weight projects and/or projects of similar complexity. 25 pts ➢ Commitment of senior staff to the projects 15 pts Responsiveness to RFP and City priorities 15 pts ➢ Creative approach 15 pts ➢ Schedule (ability to complete project on-time and within grant timeframe) 10 pts ➢ Experience with METRO's Planning Grant Program 15 pts ➢ Familiarity with the City of Baldwin Park 5 pts �r W Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 No more than the three (3) most qualified firms (teams) as evidenced by the submitted Proposals and as judged by the evaluation team may be invited for an oral interview to be conducted by the same panel. One (1) team will then be selected on the basis of the interview, with the final terms and scope of the contract to be determined on the basis of negotiations between the City and the selected firm; the process shall include approval of a professional services contract by the City Council. If the City and consultant are unable to reach a contractual agreement, the City will negotiate with one of the other firms. After the selection, all other applicants will be notified of the decision. Selection will be based primarily upon: 1. The experience of the consultant team, es successful transit oriented development strategies. 2. Qualifications of the key personnel, including prin other individuals pertinent to the project's succes lead consultant, in preparing n plans and implementation 1(s), project manager(s), and 3. The experience of the team in conducting successful public education, participation and consensus building programs. 4. The quality of the submitted proposal, and an understanding of the Scope of Work as shown by that Proposal and maybe the oral interview. 5. Demonstrated ability to produce a timely and high quality product. 6. Other evaluation criteria may include: performance record; and project cost. The above selection criteria are provided to assist in the development of a Proposal, and are not meant to limit other considerations which may be identified during the course of the selection process. The City of Baldwin Park reserves the right to reject all proposals and to revise or terminate the process outlined in this RFP, including the right to request, and obtain from one or more of the proponents, supplementary information as may be necessary for the City to analyze the information submitted. 411 "� Please submit five (5) hard copies and one electronic copy of the Proposal by no later than Monday, December 16, 2013 at 5:00 p.m. to: City of Baldwin Park Planning Division, 2nd Floor Attention: Amy L. Harbin, AICP 14403 E. Pacific Avenue Request for Proposal Baldwin Park Transit Oriented Development Specific Plan November 20, 2013 Baldwin Park, CA 91706 (626) 960 -4011, x475 AHarbin@baldwinpark.com Proposals will not be accepted after this deadline. Questions regarding this request for Proposals will be accepted bye -mail only until Wednesday, November 27, 2013 at close of business day. All emails will be responded to no later than Thursday, December 5, 2013. Attached to this RFP is a copy of the City's MTA Grant Application (Attachment #1) which should provide additional information. Fiscal Year 2012-13 TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT ROUND 3 APPLICATION (Utilize 10 point type throughout) DOWNTOWN BALDWIN PARK TRANSIT ORIENTED DISTRICT SPECIFIC PLAN PROJECT TITLE DOWNTOWN BALDWIN PARK PROJECT LOCATION APPLICANT City of Baldwin Park Mr. Marc Castagnola, Community Development Manager Executive Director & Title Mr. Marc Castagnola, Community Development Manager Contact Person & Title 14403 East Pacific Avenue Mailing Address Baldwin Park City Zip Code E-mail Address' 626-960-4011 x477 Telephone Number FUNDING INFORMATION Metro TOD Planning Grant Grant Funds Requested $289,000 Local Match — Cash $30,000 General Plan Fees/AB2766 Local Match — In-Kind $30,000 Staff assistance and project management Total Project Cost $349,000 General Plan Planning Fees (City) Source of Local Match and Name of Provider(s) °Project Title: Provide thetNeofthepmjact.notioexceedS8charaoters.forwhkch funding is requested. This title will be used on all MTA summary listings. The purpose of this title is to avoid confusion by attaching an easily identifiable project title that will remain consistent throughout the selection process and, should funds be awarded, through the life of the Project. "The e-mail address you provide will be used for notification of application status, so it must be accurate. Any change to the e-mail address must be reported hoRufnoJuarez: Fiscal Year 2012-13 P P ` . y. Pr€ tact scr €ptic�r ( rs t cecd tha space provided.) ( points) A, Briefly summarize (a) the project area/targeted communities, (b) the specific regulatory documents to be revised OR the objectives of pre - regulatory docurnents, and (c) anticipated outcofnes. Include as an attachment to the application package a rn2p of the project area and highlight TOO opportunity sites on the neap. iOD opportunity sites are parcels; of land within Y4 or 1f mile of a transit station, depending on the type of ti -ans,t being studied, that could be developed or redeveloped using principles of €D (25 points, B. Briefly describe any recent psaiini € ?g efio[ is undertaken affecting the area or elsewhere in the Cite that would suggest community and policy s�nal<er supper far it e regulatory alsange.s i�ciifg proposed. JPAs and COGS must list file Targeted communities and are required to include evidence of support from each targeted Community. This can be a ie`t= -r Of SUPIDOFt or notion from the cC?mmunitj!. ( points) • A. (a) Project Area/Target Communities: The proposed Project is the preparation, review, and adoption of Downtown Baldwin Park Specific Plan focused on bonab oriented development [7O[). The new Specific Plan will serve all neighborhoods and business districts in Baldwin Park since the Downtown is centrally located in the City and includes commercial and government uses. The proposed Specific Plan would be transit oriented. The Downtown is well served by Metro and Foothill regional east-west bus lines along Ramona Boulevard and north-south, along Pacific Avenue. The Downtown also contains the existing Baldwin Park KXetrn|ink Station and future Transit Center parking structure scheduled to open in April 2013 for which the Specific Plan would be oriented around. Local circulator shuttle bumoea, such as the cities of Baldwin Park and West Covina, serve the Downtown as well as other areas of the San Gabriel Valley region. A proposed Foothill Rapid Bus line in planned for Ramona Boulevard in Baldwin Park that would travel through the Downtown Baldwin Punk area from the east San Gabriel and Pomona Valley areas tothe E) Monte Bus Station The intersection of Maine Avenue and Ramona Boulevard is considered the City center. The NletruUnkStation is approximately one block from this Ramona Boulevard City center. Two TOD opportunity sites were located at this intersection; Opportunity Site A. at the southwest corner of this intersection could include development and adoptive reuse and Opportunity Site B. at the southeast oorner, which could include development. Map 1 shows the Downtown Project Area and some possible TOD opportunity sites within % and 1/2 mUe of the N1etro|ink Station. The Downtown Specific Plan boundary may change based on study and review. Map 2 is an aerial photograph of the opportunity sites. (b) Regulatory Documents to be Revised: The proposed Project includes tasks and actions that would lead tothe adoption of the new Downtown Baldwin Park Specific Plan. Local planning dooumenta, regulations and policies in final and draft form would serve aaa solid foundation. The Project includes the following major tasks to be completed within a one-year time period from grant approval: • Preliminary Baseline Studies (monthn1 to 3) • Community Outreach (months 1 to 12) • Preparation of Downtown Specific Plan (months 3to12) • Preparation ofN1aeter/Program E|R for Specific Plan (months 4to 12) Because aprevious Downtown Specific Plan and Master E{R were drafted based on past redevelopment planning, as discussed be|ow, the proposed Specific Plan would improve upon, expand, updete, and re-focus previous quality but unsuccessful efforts and thus save time. (c) Anticipated Outcomes: The proposed Project is anticipated to facilitate deva|opment, especially residential development, in Downtown Baldwin Park. There are currently few nonconforming and single-family residential land uses in the Downtown. The Downtown Baldwin Pork project area consist largely of commercial (ntrip, traditione|, and shopping centers), government uses (City Hall and po|ice), and a large, community park (Morgan Park). Introduction of residential uses in the Downtown would complement the current mix of uses and would lead to a more lively and vibrant Downtown. Opportunity sites are available near the K8edru|ink Station. Although the Downtown is bui|t-out, opportunity for increased denaity, including increased building height, is available. Preservation and adaptive reuse of historic resources could be realized. Pleasant walkable routes and bicycle paths could be unaahsd throughout the proposed Project Area. Development densities can increase while still relating to the pedestrian scale. Parking facilities can be more optimally utilized and designed. Increased commercial diversity can be realized. Special design review processes can be put into p|ema for quality and pleasing architecture and landscapes. Complete streets policies and guidelines can be integrated based on current efforts. The proposed Project gives the public o greater opportunity to be included. As discussed below, public outreach also includes input into developing the Specific Plan. The public and local business are expected to provide input and comments on density, design, types of businesses, building heights, amenities, and any restrictions that may be placed onthem. | B. Recent Planning Efforts in Support ofthe Project: The City of Baldwin Park and the City Council are in support of the proposed Project with the objective of bring revitalizing activities to the Downtown and making the City more friendly towards other forms of transportation including bus and train travel, and walking and bicycling. Recent planning eMbde and City Council decisions have positioned the community for a more concerted effort toward Downtown revitalization through TQD. The following completed and currently in development planning efforts and projects would be integrated into the proposed Specific Plan as a more comprehensive planning document for the Downtown. Current Planning Efforts: • Non-Motorized Transportation Plan for the Downtown — currently in draft form • Complete Streets Design Guidelines —currently in conceptual phase � Maine Avenue, roadway, safety, and circulation improvements —indesign = Baldwin Park Transit Center, parking structure with pedestrian bridge to yWatno|ink Station— under construction Recent Past Planning Efforts: • Zoning and Subdivision Code Update and CEOA compliance — June 2U12 • Citywide Design Guidelines Manual —April 2O12 • Downtown Specific Plan — Final Draft prepared in2OOO but not adopted • Downtown Project Master E|R— Draft prepared in2OO8 but not adopted Recent City Council Actions: ° Complete Streets Policy — adopted by the City Council on July 20.2O11. The 2008 Downtown Specific Plan and E|R in their current form would serve as basis for the proposed Downtown Specific Plan. The current draft was oriented toward redevelopment objectives. The proposed Specific Plan will focus on Transit Oriented Development. Fiscal Year 2012-13 TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT ROUND 3 APPLICATION Part{ 1 rRegu�atory con.,straipts ar,,d approach to solutions (Do not exceed the space provided.) 130 points) A. List and describe the regulatory constraints the project is attempting to address. (15 points) B. Describe how the proposed regulatory changes or pre-regulatory studies wiil address the identified problenns and/or constraints. (15 points) Regulatory constraints to be addressed: Although the new Baldwin Park Zoning Code and Citywide Design Guidelines significantly improve the local regulatory framework necessary for Downtown revitalization and transit oriented development, additionu!, more defined, rego|obory efforts are specifically needed to bring development to the Downtown. The construction of the new Baldwin Park Transit Center, scheduled to open in 2013, would be an integral part to the opportunities and successes for the new Specific Plan. Previously, residential use was not allowed in the Downtown under the old Code. The new Zoning Code includes a new category called "Mixed Use" that covers o large part of the Downtown. Additionally, the new Zoning Code, includes oDowntown defined boundary labeled "Downtown Overlay" focused on "revitalization and encouraging uses that benefit from proximity to public transit". The Transit Center and K8etvo|ink Station are at the southern, central, bottom of the "Downtown Oveday^ |n addition to the Downtown Overlay, the new Zoning Code provides for "Historic Overlay Zone", "Planned Development Overlay Zone", "Specific Plan Zones", and "Off -Street Parking and Loading". The new Code provisions do not specifically address how transit oriented developed can be accommodated in the Downtown. For examples, opportunities for shared parking are not mentioned. Height limits are not explained. The Citywide Design Guidelines do not address the design features important in transit oriented development. How proposed Project will address problems and constraints: The proposed Downtown Specific Plan will first define the Downtown boundary given the proximity to the K8etm|ink Station and other transit features and opportunity aheo for future development or redevelopment. The boundary may or may not reflect the current "Downtown Overlay" boundary. The Specific Plan will integrate all elements of the Zoning Code an mentioned above into one document and provide more direct guidance for formulating and reviewing new development/redevelopment projects by the private sector orby public agencies. The parking requirements could reflect the development's proximity to public transit options. Land use density and building heights can be specifically addressed. Design for pleasant pedestrian walkways and provisions for bicycle parking can be included. Because of the specificity included, a "Master", or "Program" EIR can be prepared and approved with the Specific Plan and a tier process can be developed that eliminates extensive environmental review for subsequent development proposals consistent with the Specific Plan. This would reduce and eliminate the constraint of costly CEQA review. TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT ROUND 3 APPLICATION Part I 3 Public Participation (Do notexcceedthespaacc- provided.) (5 points) A. Identify the project area stakeholders (e.g., low-incorne and minority corn 11-i u nities, Native American 'her underrevesent'-d groups, cornmunity-based organizations, and types of businesses affected by the Proposed regulatory changes) and the outreach methods to be used. (5 FT1 Project Area Stakeholders: The Project Area stakeholders include all property owners, residents and business in Baldwin Perk since the Downtown is the center of the City, location of City HeU, and commercial shopping dio��� as well as a few areas nflight industrial uses. Baldwin Park has a 2010 population of 75.390 and is largely Hispanic at 80.1 percent; hmmever, the Asian population group has grown more significantly in the last ten years. Baldwin Pork households are larger in size than the County's and the median income is similar to Los Angeles County. The median age io lower compared to the County. Curvent|y, the primary stakeholders are expected to include the |000| business since the area is largely commercial with a few sections oflight industrial uses. Business tenants and property owners would be especially targeted since new development may impact them more significantly. Local community organizations, such as the historical onoiety, service organizations, the school district, and parent groups are expected to participate. Proposed Outreach Methods: An outreach plan would be developed to target various stakeholder groups. Buainasuee, property owners, naeidenta, and community organizations. Neighboring cities would also be made aware of the City's activities. Design sessions would be conducted specifically to actively engage the public early in the pvzuean. Public meetings would be held for specific purposes and will be separated from input into the Specific Plan and CEOA public review. Approximately Sto7 meetings would be held throughout the 12-month process. Outreach methods would inc|ode, but are not limited to, a weboiie for the Specific P|an, an email |iat, posters placed in multiple public locations, newspaper advertisements, and presentations at community meetings. EM Fiscal Year 2012-13 TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT ROUND APPLICATION I am �. ����o�om����e�mm��co:mrmoo��v��pn-em�/m��ennem��xmn[umncseXCee0zneSPaoeprow��eu./�� pmimte) 'he D asU� ��A. Doso� a advantage- of TOD principles. Ensure ihat the TOD opporitunity sites are inClUded on the Project Area A. Advantages for existing TOD opportunity sites: • �APG1� and 2. show �heproposed P Area boundary and TODoppo�unhy��e���hinth��6ond Xmile limits of the Metrolink Station, Attachment C shows photos of opportunity sites A & B. • Opportunity SiteA — This site is located at the southwest corner of Maine Avenue and Ramona Bou|evand, the heart of the current Downtown and historic Baldwin Park. This site contains 18 multiple parcels with underutilized parking in the front and unpaved parking in the back. The corner, 1Q28two- story bui|ding, could be rehabilitated and integrated into a nemTOD. This site in approximately three blocks from the K8etro|inkStation. • Opportunity She B- This site is located at the southeast corner ofRamona Boulevard and Maine Avenue also in the heart of the Downtown and three blocks from the Station. The buildings are located on a series of multiple parcels and are one-story. South of this site is the Police station and City Hall. • Opportunity Site C — Thia site is a large shopping center and can be consolidated into more dense development. Additionally, peripheral pads may be able to accommodate smaller TO0a. • Opportunity She D- This site contains e series ofshopping center buildings with a large amount of parking in the front. Like site C, there is an opportunity for more dense and consolidated development. • Opportunity Site E- This site contains o series of smaller retail-like shops and may present an opportunity for developed in the rear. • Opportunity Site F- Like site E, there is an opportunity for development in the rear of the street-oriented retail shops. • Opportunity Site G- This site is outside of the current Downtown boundary but within the % mile Station boundary. This area is underutilized and then* is an opportunity to redesign streets and driveways to maximize land area for development. Fiscal Year 2012-13 TRANSIT ORIENTED DEVELOPMENT ([OD) PLANNING GRANT ROUND 3 APPLICATION Part 11 i, Project Tifle: (From Part 0 2. Project Description SummarylObjectives: Provide a surnmary for the projectfor which funding i's requested, not ho exceed 18O characters. This summary will be used on ail K8TA agenda items and repo�s. The purpose of this summary ieio avoid confuoionbya�achingen easily ident�iab|edesoripdonthat wvU! rernain consistent throughout the selection [),rocess and pFogrami-ning period. The summary should be provided, in the space below. 3. Project Location, & Llnmits or Service Area: � Map: If applicable, provide photograph of location (u Goog|e K4apaur Earth version) Attach a proiect map in om��r���m�i��img (i�` uyeer��|���Um0) \h� �m�eot'a <o�o�ion �n� Umita Th�nnspeh�u|� �� �a�iby���dtm scale and rnust include the name of the sponsoring agency and project. More than one map is —allowed. 5. Project Management (30points) A_ Scope nfVAJork- (2O points) (see Attachment B and attach) Scope of Work mustbeimMiuroeoRVVord, use the format attached andimo/odm: w 'What work is to be done: Provide an outline of activities to be funded, List project tasks and identify specific project deliverables, Describe milestones fOr niajor tasks that mark the completion oi a work package orphase. * VVhoiuremponaib|eKurxvha�taska- Discuss the roles and naaponaib8ideeuf agency oieMend mznsu|tsntcontnactnra. B. Project Schedule and Budget (10polnte)(see Attachment A and attach) The Project Schedule must bein Microsoft Excel in the fonnat attached and include: w Consultant procurement, dming, responsibilities, cost, cost distribution, and deliverables of a,11 tasks in the Scope of, Work. � UseAttachmentD2tocompbteomileskonessoheduks.Themi|eahrnesohou|dbeomnphsedcfthe tasks in Attachment /4. 1. Project Title: Downtown Baldwin Park Transit Oriented District Specific Plan 2. Project Description Summary: The Project includes the preparation and review ofe Specific Plan for the Downtown area of Baldwin Park with the objective of encouraging and facilitating transit oriented development around the Metrolink Station in the Downtown. The Project includes community outreach, CEDA review, and baseline studies. 3. Project Location: Downtown Baldwin Park as delineated on the "Downtown Overlay" on the current Zoning Map. 4. Maps a. See Map 1 Proposed Project Area and Opportunity Sites b. See Map 2. Aerial Photograph of Proposed Project Area o. Photographs are included ua Attachment C(a non-required submittals) 5. Project Management a. See Attachment B for Scope ofWork b. See Attachment A for Schedule and Budget flm TRANSIT ORIENTED DEVELOPMENT (TOD) PLANNING GRANT ROUND 31 APPLICATION I IT To the best of my knowledge, all inforMatio, n contained In this apptication is true and correct. If awarded a graht With Metro, I agree that I vOil adhere to t , he recltilrements and guldefin-es specified in this grant application. Communittv Develoriment Directfor sw a °s Appltcation Marc. Castaanola Am? N"funa 9110/2012 Daf�! Application Signature Page (Pont, sign, anti scan this page in pdf formal,) Scope of Work (Microsoft Word format): Project Schedu!e and Budget. (roicrosoft Excel format) Milestones Sc1hedule (Microsoft Excel format) Map of Project Area and TOD Opportunity Sites Looal Resokiflon d required by applicant. Evidence of Support from Targeted Cowirnunities, for JPA and COG applicants ortly. 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U- < m 0 2 U- cu m 0 U x o U- C\j X �5 C) 0 z 76 iz ca U 0 0 :3 0 CJ C6 LL iA O 0 U 0 o + w + w + + + + + 0 m co Ul) m U) m ulj m Ln m V) m (n C: t o ca C's >, ca ±� m m u m m CL 75 u C c Z3 U C U C :3 U N C :3 U U) C :D U C: y C: N (D c Q) N C CD C a) r- Q) 'n c 0 0 0) o 1:11 0 0) 0 m 0 0) 0 m 0 m < u < I ju < u < u < u < U4 cG CD E 9) a cl m E 0 0 0 0 U- E 0 CL O 0 0� (D 0 0 a) of: 0 0 21 -E a) Q3 a) CC.' 0 c ca m is [Z Ln L Lr; t9 CO C9 CO yi Ln m I 0 Mal w 0 0 to Project Title: DOWNTOWN BALDWIN PARK TRANSIT ORIENTED DEVELOPITIEft SPECIFIC PLAN i Project Location: Downtown Baldwin Park uu delineated ontbo^10owntonnu on the current Zoning Map. Generally bounded by Los Angeles Avenue h the north, City limits to the eoet,Metro/SCIl}lA Railroad 10 the south and Baldwin Park Boulevard to the west. Project Objective: The City ofBaldwin Park will prepare for adoption regulatory changes that support transit oriented development by: � Creating a new Specific Plan for the Downtown area as designated and related environmental clearance and public outreach for the Specific Plan. The following maps of each of the TOD station areas illustrate the area's existing land use and zoning categories. Parcels within a 1/4-mile radius are highlighted, as this would be a focus area for most stations; however, regulatory boundaries may also extend to parcels beyond the highlighted areas as the planning process proceeds. omnWIN PARK -moApplication Page I of 12 'roposed Project Area Boundary( oning and Opportunity Sites) � � � \� . �� � � \�\ kx, Metrolink Station Radius ( 1/4 and 112 Mile Radius from Station) BALDWIN PARK — TOD Application Page 2 of 12 Duration: l2months Percentage of 7% City staff and consultants will prepare a draft and final of the Maxtor Schedule that show all activities associated with the adoption of the Specific Plan. Major areas necessary to support the adoption include C8OA clearance, outreach, reporting, project management, and preliminary studies. The schedule will reflect these actions. Deliverables: Master Schedule Schedule: Prepared at start of project, maintained and revised throughout the process Fm ilestone, completion and review offirst schedule I Staff and consultants will develop a detailed Project budget that allocates available funds by task considering time and materials. Costs for consultants and subconsultants will be included. Public outreach material expenses will be included. Other expenses such as reproduction will baincluded. Deliverables: Budget spreadsheet Schedule: Prepared a1 the immediate start nf the Project IMilestone: completion of Project budget incorporating all actions and expenses. Staff and consultants will meet regularly though the Project gmcesstomnuitor progress, address any issues arising, develop approaches tn the work, and evaluate public input. Staff and consultants will make contact with public agencies with interest in the Project. Deliverables: Meeting agendas and minutes, records of conversations with ken individuals. Schedule: Regular monthly meetings on Project progress IMilestones. resolution of issues to be addressed I nALoWIN PARK -TOD Application Page sofu Duration: Months 1-3 Consultants will prepare a circulation study that assesses parking issues, evaluates access needs, and determines optimal linkages for various modes of transportation including non-motorized transportation. This baseline study will provide existing -1—, 1- I_ 1-UI-IA documents. Deliverables: Maps and illustrations for study Schedule: Meeting to take place within 4 weeks of project start IMilestone: complete study Consultants will complete a parcel by parcel survey of existing uses and collect ownership information by parcel. The land use survey will looks at physical layout of land and all roadways. Depending on budget constrains this task may also include GIS database analysis and mapping. Deliverables: Land use and ownership database Schedule: First month of Project kick-off IMilestone: completed database I Consultants will conduct an analysis of the number and types of constrains (physical, market, regulatory, etc.) that may impact the Project's objectives. A clear understanding of the constraints and how to overcome or minimize them will be documented. Deliverables: List of constraints Schedule: Completed by month two from Project kick-off Milestones: full identification of constraints BALDWIN PARK— TOD Application Page 4 of 12 Consultants will conduct an inventory of the community's assets among the City and the Project Area. Assets can include strong public involvement, a strong planning base of policies, documents, and procedures, multiple opportunity sites that meet market needs, multiple attractions, and more. These assets will be described in relationship to how they could advance the objectives of the Specific Plan. Deliverables: List of assets Schedule: Completed by month two from Project kick-off I Milestones: full identification of assets Twlmvwajz�r -_ Duration: Months 2-12 Percentage of Budget: 30% City Staff and consultants will discuss what type of vision would guide the Specific Plan though successful implementation. A clear description of the Specific Plan boundary would be determined. The work conducted under this task would be generally formulated into a chapter of the Specific Plan document. Deliverables: Chapter 1 (Vision and Boundary) of the Specific Plan Schedule: Within three months of Project kick-off Milestone: completion of first chapter of Specific Plan TASK 3.2 — RESOUCE IDENTIFICATION Consultants will conduct an assessment to identify natural, culture, and historic resources within the Specific Plan boundary. These assessments will be integrated into the Specific Plan. Deliverables: Chapter 2 of the Specific Plan identification and protection of valuable resources Schedule: assessments to be completed within four months of Project kick-off IMilestone: -determination of Project Area resources I BALDWIN PARK — TOD Application Page 5 of 12 I I ,�T t l' �_ ON Consultants and Staff will developed a planned mix of land uses to achieve the Specific Plan objectives for development and revitalization activities that will bring a vibrancy to the area. Deliverables: Chapter 3 of the Specific Plan showing land use plans and maps Schedule: land use options to be developed within five months of Project kick-off IMilestones: determination of land use options I Consultants and Staff will determine the type of development standards and regulations that will foster new development activity while protecting the community assets and resources. Deliverables: Chapter 4 of the Specific Plan with charts showing zoning requirements for height, use, density, parking, etc. Schedule: standards to be developed within six months of Project kick-off IMilestones: table summary of standards Consultants and Staff will write policies and practices to make streets with the Specific Plan area "complete" so that they can accommodate all forms of transportation and give equal consideration for each form. Deliverables: chapter S of the Specific Plan with new street standards Schedule: to be completed within five months of Project kick-off IMilestones: new street standards I Consultants and Staff will develop methods to made travel by walking and bicycling through the City and especially within the Project Area an attractive and safe form of travel for all age groups. Deliverables: chapter 6 of the Specific Plan with non-motorized travel provisions Schedule: to be completed within five months from Project kick-off ilestones: new non-motorized travel provisions I BALDWIN PARK — TOD Application Page 6 of 12 Consultants and Staff will develop design standards for the physical environment particularly for new or rehabilitated architecture and for both public and private walkways. Deliverables: chapter 7 of the Specific Plan with design guidelines Schedule: to be completed within six months from Project kick-off IMilestones: new design guidelines I Consultants and Staff will prepare the steps towards implementation of the Specific Plan which will include streamlined procedures for processing development proposals consistent with the Specific Plan. Deliverables: chapter 8 of the Specific Plan with implementation steps and procedures Schedule: to be completed within six months from Project kick-off IMilestones: prepare implementation action plan for the Specific Plan City Council, after public input, environmental review, study and analysis, will adopt the Specific Plan through resolution and ordinance. Deliverables: Final adopted Specific Plan Schedule: Completion and adoption of Specific Plan 12 months of project start I Milestones: City Council adoption of the Specific Plan BALDWIN PARK— TOD Application Page 7 of 12 Duration: Months I-l2 Percentage of 30% Consultants will prepare the necessary technical studies for a full analysis of the Project impacts and needed mitigation measures. Such studies are expected to include historic resources, traffic, water supply and quality, and air quality. Deliverables: Technical studies for each discipline studied Schedule: within three to four months of Project kick-off IMilestone: final technical studies Based on a Project Description prepared for the Project early in the process Consultants will conduct an initial study or environmental conditions and potential impacts. The Initial Study is expected to conclude that a Program ElD is the appropriate CBOA document for the Project. Deliverables: Project description and Initial Study Schedule: Project description prepared within two months of Project kick-offand Initial Study prepared within four months. Initial Study tnbe conducted onaDraft Specific Plan, I Milestone: completion of the Initial Study Consultants and Staff will prepare the Notice of Preparation for the ElB giving the public and agencies the opportunity to comment on the scope of work. Deliverables: Notice of Preparation Schedule: the 0OPto be mailed and distributed n000tb four of the 13- c000tb process IMilestones: distribute Notice of Preparation I oALowuN PARK -TonApplication Page xmro Consultants will prepare the Draft Program E{8 for the Specific Plan based on the Initial Study, further analysis, and any scoping comments from public agencies. The 8}D will be a Program ElFl to cover the activities of the Specific Plan. The intent of the Program El}listo analyze aUicuyactsoxpectcdwitbfu|lbuUt-outoftbc3peciOc Plan. The Draft will undergo internal review before it becomes an external document. Deliverables: Draft Program ElEL Schedule: Months three tneight Milestone: completion of the Draft EIR Staff and Consultants will distribute the Notice of Availability and the Draft EIR for a 4S-day public review period. Staff will coordinate the Plan outreach with the public Deliverables: comment meeting for the EIR. Public comments and responses Schedule: Months nine and ten IMilestone: responses to all comments Consultants will prepare the Final Program 8lBaod any statements of overriding consideration for Council consideration. 8mh>re Specific Plan approval the Council will certify the EIR for the Project. Deliverables: Final BIB and Council documents Schedule: months eleven and twelve s: final EIR certification I o»Lonvuv PARK -znnApplication Page voro Staff and Consultants will conduct a series of design workshops to solicit public input into the Specific Plan Deliverables: Meeting minutes, various design plans developed, attendance sheets, and meeting notes Schedule: Months three, six, and nine Milestone: complete workshops Staff and Consultants will conduct information meetings to present the Specific Plan objectives and adoption process. Approximately three meetings will be held with one combined. with the EIR review meeting. Deliverables: Meeting agendas, notes, attendance, materials distributed Schedule- months two, five, and seven IMilestone: complete each meeting —1 Staff and consultants will prepare print an electronic materials for information and comment purposes. An electronic newsletter and website will be created. Deliverables: print posters, flyers, electronic newsletters, website Schedule: complete materials in first month, update during adoption process Milestones: complete information materials and launch website BALDWIN PARK — TOD Application Page 10 of 12 If the budget allows, City Staff and Consultants will develop procedures for selecting a citizens advisory group that will be responsible for further outreach and comment on the Plans. Members can be selected from a diverse base of stakeholders. Deliverables: formation process Schedule: month two b`three G��S.S-PLANNING COMMISSION MEET I 17AT G Staff will present a package to the Planning Cocoruixsino informing them of the process and progress toward the Specific Plan, the outreach process, and the Deliverables: environmental review process. meeting agenda and minutes Schedule: months six and nine IMilestone: commission meetings Duration: Months l-13 Percentage of Budget: 3% City Staff and Consultants will prepare the first quarterly report to the K4IA documenting funding committed and planned. Deliverables: First quarterly report Schedule: Month three IMilestone: complete quarterly report uALoWINpARo -nmApplication Page nof 12 Staff and Consultants will prepare the second quarterly report to the MTA documenting funding committed and planned. Deliverables: Second quarterly report IMilestone: complete quarterly report Staff and Consultants will prepare the third quarterly report to the MTA documenting funding committed and planned. Deliverables: Third quarterly report Schedule: Month nine IMilestone: complete quarterly report Staff and Consultants will prepare the fourth quarterly report to the MTA documenting funding committed and planned. Deliverables: Fourth quarterly report Schedule: Month twelve IMilestone: complete quarterly report Staff and Consultants will prepare the final close-out report to the MTA based on the reporting requirements. Deliverables: Final report Schedule: Month twelve Milestones: completion and delivery offinal report I BALDWIN PARK — TOD Application Page 12 of 1.2 BALDWIN PARK Metrolink Station Looking east at the Baldwin Park Metrolink station and parking lot. This Metrolink station averages more than 450 boardings per day. Transit Center (- constructiorl Looking south at the commercial facades along the southwest corner of Ramona Blvd and Pacific Ave. Looking et the rear of the southwest corner of Ramona Blvd and Pacific Ave. M HOWIMMUNFE "I'M Looking across Ramona Blvd at the southeast corner of Ramona Blvd and Pacific Ave. Looking west at the southeast corner of Ramona Blvd and Pacific Ave. 11 O F- z LU :2 LLJ LLJ _0 (D 0 -J c a: m U V) U) LLJ z 0 ui co C) LLJ n 0 0 CL 0 M C\J CL z -0 uj 4-J X- U < 0 F- 4-J r- a) E C- u co 4-j E 4-J C: cz OR w MOW •. '.•. .•.• .•.• Cis b :b rtj i3 O 4-J U L � Q 4-J 'a W 0 0 O O O O O 0 0 O : % O O Q ;•,£J'• O O O O };Q; O .,,,- .?. O O <( ss J-j N v° 4 (6 ME, z O N E N O c cz Ln O E ?; t^ N � N cz� to d 3'' a U N O s R U U � N co O L c6 N m rs f N xS1'3#'4 O O O O FY a C/) Ln o � v � c � a cz a 4,-J 4-J U � � N � Q U Q O O O 0 0 O O O O O •;f�; O O O O O O; ;•;K� O O O O O U H O a-+ N _N L Q 0 � �aY �cc L R E N N czs N O a N N N N N . C- O O O a a a d oa cv a m a 4—J W C: E X_- L) CB 4-j 4—J E L- 0 • O EH M LO O O 0 4E4 CC) cli 0 cu 0 cz 0 0 0 C: cu 0 E 'n cn O O ca m 0 _LD cu o 0 cn Lr) LL 4—J W C: E X_- L) CB 4-j 4—J E L- 0 • : 0 WON It TO: �eiMn 1971-119 AM � Honorable Mayor and Members of the City Council Daniel Wall, Director of Public Workid 1 November 20, 2013 AWARD O. CITYWIDE TREE TRIMMING SERVICES T-7- WEST COAST =•- It is requested that the Citv Council award a one -,year contract to West Coat Arborist, Inc. for Citywide Tree Trimming Services in the amount not to exceed $95,000, with four optional one -year renewal extensions. A well maintained urban forest contributes significant social, neighborhood, environmental and economic benefits to the community. Trees play an important role in creating safer, more livable neighborhoods, establishing community image, improving air quality and increasing property values. The City of Baldwin Park is recognized by the Arbor Day Foundation as a Tree City, USA, and has an urban forest of more than 9,000 street trees. Historically, tree trimming has been done in -house by staff, and over the past decade has been supplemented by West Coast Arborist on an as- needed basis. Reductions in Public Works staff and equipment have diminished the City's ability to perform this work in a timely manner. This contract will ensure the proper maintenance and preservation of established trees that are essential to the continued health of the urban forest and the safety of the public through regular systematic tree trimming. Under this contract and future extensions, every street tree in the City will be pruned every four to five years. This contract will also update the tree inventory system which has not been updated for over ten -years and establish a grid pruning program that will reduce costs over the long term. DISCUSSION The Requests for Proposals (RFP) was advertised beginning on October 10, 2013 with a proposal submission deadline of October 23, 2013. Three proposals were received, reviewed, and evaluated by a staff. The following table lists the firms that submitted proposals, and their ranking. Under the proposed contract, West Coast Arborist will trim approximately 200 trees a month regardless of size at a cost of $37 per tree. In addition the following optional services are also being offered under this contract: OUCCI I ree me Ll ICUG rimming Palm Tree Trimming Tree and Stump Removal (hourly) Emergency Work on an as needed basis Call Out Three (3) man crew 24hrs response (hourly) Additional service provided at No Cost To City ❑ Conduct a complete GPS street and park tree inventory ❑ Provide web based tree inventory program ❑ Keep System Current and Accurate ❑ Pictures or Video of "before" and "after" trimming when requested by City ❑ Update current Tree Master Plan FISCAL IMPACT The proposed annual contract for Tree Trimming Services is $95,000. $60,000 will come from the Landscaping and Lighting Assessment District revenues, and the remaining $35,000 will come from Measure R funds. No General Fund money will be used to pay for this contract Staff recommends that the City Council: Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of $95,000; and 2. Authorize the Mayor to execute the attached agreement. ATTACHMENTS 1. Proof of State Contractor's License 2. Services Agreement State Of California NTRACTORS STATE LICENSE BOARD c ACTIVE LICENSE A rtai rs **6^6764 CORP ( las 4 It cabc.4-4 . I C61 /D49 C27 Espubon 1:),Ac- 12/31/2014 I Ful 1110 M SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of November, 2013 by and between the City of Baldwin Park, ( "City "), and West Coast Arborists Inc. ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as "Technical Specifications ". 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Schedule of Compensation, in an amount not to exceed $60,000 in the current City Fiscal Year. 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. This is an annual contract with up to four one -year extensions upon mutual agreement of the parties. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with Consultant Services Agreement — West Coast Arborists, Inc. such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, hold harmless, and defend City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity to the proportionate extent arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) the City, and its officials, officers, agents and employees are named as additional insured and Worker's Compensation); (2) the coverage provided shall be primary and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. Consultant Services Agreement — West Coast Arborists, Inc. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and /or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close -out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's Consultant Services Agreement — West Coast Arborists, Inc. fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and /or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 21. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT West Coast Arborists Inc.. 2200E. Via Burton Street Anaheim CA 92806 (B) Daniel Wall, P.E. Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant shall send a copy of all notices to the City Attorney. City Attorney: Joseph Pannone / Aleshire & Wynder, LLP Continental Park Terrace 2361 Rosecrans Avenue, Suite 475 El Segundo, CA 90245 -4916 (310) 527 -6663 SAFETY. Neither the professional activities of consultant, nor the presence of Consultant's employees or sub - consultants at the construction /project site(s), shall relieve the General Consultant Services Agreement — West Coast Arborists, Inc. Contractor(s) of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: FIRM NAME Name: Dated: Title: Address: Telephone: ( ) - Consultant Services Agreement — West Coast Arborists, Inc. Ems OTE1 Scope of Services City of Baldwin Park Technical Specifications RFP2013-1 TREE TRIMMING SERVICES CONTRACT NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The intent of this document is to solicit proposals from highly trained and qualified contractors with experience in providing Tree Trimming Services. The City is looking for the most responsive and responsible contractor that will be committed to provide the best level of service in maintaining the City's trees. Through a competitive qualification and bid based procurement process, the City of Baldwin Park intends to enter into an agreement with a qualified contractor for Tree Trinuning Services. The contractor will be expected to use its own equipment, tools, traffic control and manpower to trim the City's trees. The contractor Ai.11. also be responsible for material disposal. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE I AS SPECIFIED 1. GENERAL SERVICES General services will consist of: A. Street trimming B. Street tree aesthetic trimming Acceptable C. Tree and stump removal (hourly basis) [El For clarification, street tree trimming is raising the skirt and removing any hazardous limbs. Aesthetic trimming is raising the skirt, removing all dead or dying limbs, thinning, shaping, and crown reduction as needed. Please provide a cost breakdown for each section that is serviced in categories A-E. All trees assigned for trimming in any given month should be Acceptable trimmed in thirty (30) working days or less. k3eneral Services will not include emergency service calls. The trimming will be reouest-driven and trees will vary in size according to the request. We have mature trees and developing trees and the best way to get a feel for the size of trees is to dive different areas of the City and look at the trees. Approximately 200 trees will be assigned Tor trimming each month. 2. SCHEDULE The Contractor shall meet with the City representative on Monday's between 9:30 a.m. and 10:00 a,m, in the CityYard office for the purpose of reviewing the week's work, receiving special instructions, and discussing any problems encountered on the job. Acceptable A list of the City trees that need work shall be given to the Contractor monthly, or more frequently if deemed necessary. The City will provide maps and location of trees requiring 3. EMERGENCY WORK CALL OUT Three (3) men including all necessary equipment/disposal fees included and zero material markup. Emergency response should be within 24 hours. A cost per hour per emergency shall also be proposed. This must include all Acceptable manpower, equipment, tools, traffic control and disposal costs. The emergency call out includes travel time. 11 4. STANDARDS OF PERFORMANCE Services shall be performed under the Contract in a skillful and competent manner-, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, The contractor represents Acceptable and maintains that it is highly skilled in the professional calling necessary to perform Tree Trimming Services. The contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the services assigned to them. 5. QUALIFICATIONS /LICENSES Qualified personnel shall perform all services. The contractor represents that it, its employees and subcontractors have all licenses, including the State of California Contractors License, License types (D-49, C-61, C-27). Permits, certifications, Acceptable qualification and approvals of whatever nature that are legally required to perform the services, including a City business license, and that such license and approvals shall be maintained throughout the term of this contract. 6. SUBCONTRACTORS The contractor must disclose all subcontractors prior to being Acceptable awarded the bid. 7. EQUIPMENT AND PERSONNEL A. The contractor will provide all equipment and trained personnel to provide timely tree trimming services. Provide a feedback mechanism to keep the City informed on the status of each tree that is trimmed or completed As Specified work. The crew leader must be a certified Arborist. 12 8. FIXED FEE Provide a pricing proposal that is a fixed fee per tree. Also include a cost per inch of trunk diameter on complete tree and stump removals. Acceptable Prevailing wage must be paid for the term of this contract. Prevailing wage reports shall accompany all invoices. 9. EXPERIENCE The contractor shall be knowledgeable of matters pertaining to tree trimming services. The contractor must have a minimum of five (5) years experience in providing quality tree trimming Acceptable services. All crewmembers performing trimming services must also have an Arborist license. The City of Baldwin Park desires a contractor that considers tree-trimming services a high priority. 10. WASTE DISPOSAL All tree branches, brush, tree trunks and other materials produced as a result of the contractor's operations under this contract become the property of the contractor. The contractor will be required to reduce, reuse, recycle and/or transform all materials whenever possible. Their materials shall not be deposited in a landfill. Ensure all waste materials generated from the service are properly disposed of in accordance with all applicable laws and Acceptable regulations. All costs for waste disposal are to be included in the contract price. Provide details of method of disposal or name and license number of the company that will provide these services for you. The contractor must turn in all dump and weight slips for waste disposal. 11. BROCHURES The contractor will provide brochures that are suitable to the Public Works Director, or his/her designee, that describe the tree trimming process and should be readily accessible to the citizens Acceptable of Baldwin Park. These brochures should be available in both English and Spanish. A sample brochure must be included with your bid submission. 13 14 12. BILLING Billing is to be by address and include tree species, caliper, variety (botanical and common), trim date, condition and Acceptable appropriate data acceptable to the Public Works Director, or his/her designee. 13. TREE INVENTORY DATABASE The Operations and Maintenance Division maintains a database of the existing trees in the City. The contractor will be Acceptable responsible for providing the City with information to keep the system current and accurate. 14. PICTURES The contractor is to supply, at no cost to the City, some representative pictures or video of "before" and "after" Acceptable trimming that are suitable for reproduction when requested by the City. 15. CONTRACT LENGTH The length of this contract shall be for one (1) year with four (4) Acceptable one-year extensions at the City's option. 16. REFERENCE LIST Provide three (3) local government agencies and/or company's Acceptable previous or current contact references that support your ability to provide Tree Trimming Services. 17. CONTRACTOR NON-COMPLIANCE A. If the Public Works Director, or his/her designee, determines that there are deficiencies in the performance of this Agreement, the Public Works Director, or his/her designee, will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall Acceptable be at least a 30 day notice or as determined by the Public Works Director, or his/her designee, to correct the specified deficiencies. 14 B. Should the contractor fail to correct any deficiencies within the stated time frame, the Public Works Director, or his/her designee, may exercise the following measures: 1. Deduct from the contractor's payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. 2. Withhold the entire or partial payment 3. Terminate the contract. 15 Acceptable Consultant Services Agreement — West Coast Arborists, Inc. Exhibit B Schedule of Compensation REQUEST FOR QUOTES: DESCRIPTION OF RFP: COMPANY NAME/ADDRESS NAME OF AUTHORIZED REPRESENTATIVE PRINT NAME TELEPHONE NO. FAX NO. RFP2013-1 Citywide Tree Trimming Services West Coast Arborists, Inc. 2200 E. Via Burton A. GENERAL SERVICES 1. Cost per Street Tree Trimming 2. Cost per Palm Tree Trimming (714) 991-1900 (714) 991-1027 3. Cost per Inch of Trunk Diameter on Tree and Stump Removal >< 17 FIRM FIXED PRICE $ 37.00 $_ 37.00 $ 19.00 $ N/A Price Form (Continued) B. EMERGENCY WORK 1. Call Out Cost per Hour $ 60.00/ man hour (includes all manpower, equipment, tools, traffic control, disposal costs, and zero material markup) C. OTHER Please see additional sheet. TOTAL: $153.00 Attach additional pages, if necessary, for other services not listed above. 18 P A, R, K TO: Honorable Mayor and Members of the City Cc( ncll FROM: Daniel Wall, Director of Public Wor lj DATE: November 20, 2013 SUBJECT: NOTICE OF COMPLETION — CITY OF BALDWIN PARK TRANS CENTER PARKING STRUCTURE I PURPOSE The purpose of this report is to provide an overview of the completed work; to request City Council consideration of the project's acceptance, and contract closeout; and to authorize filing a Notice of Completion. BACKGROUND AND DISCUSSION On March 7, 2012, the City Council awarded a construction contract to PCB Construction Services Inc. in the amount of $8,631,300 for the construction of the City of Baldwin Park Transit Center Project. After contract award bid alternates totaling $2,028,525 were added to the construction contract, along with contract change orders totaling $142,987, for a final construction contract amount of $10,802,812. The majority of the additional costs were additive bid alternates that were included in the Notice Inviting Bids. These bid alternates were improvements that the City wished to include in the project, for which funding at the time of bidding was uncertain. Once construction bids were received and funding was finalized many of these additive bid alternates were added to the project; such as the addition of the lower level, electric vehicle charging stations and solar panel array, metal fins and canopies, and security cameras. Other, smaller change orders were necessary due to unforeseen conditions that were encountered during construction, like the need to relocate an underground gas line, crushing and removing a 15 ton boulder, and Fire Department requested changes to the fire safety equipment. The design and construction management contracts were also amended as the project evolved and scope changes were necessary to satisfy grant requirements. The final project costs are detailed in the following tables; including payments made to utility companies for plan check, inspection, and connection fees and other agencies for plan checking, permitting, land acquisition, and funds management: Notice of Completion — Baldwin Park Transit Center Parking Structure Page 2 of 3 November 20, 2013 DESIGN COSTS I AMOUNT DESIGN CONTRACT $595,900 CONTRACT AMENDMENTS Pedestrian Bridge Design $78,340 Additional FTA Design Requirements $21,786 Boundary Survey $13,500 Additional FTA Required Elements Identified in the EA $99,925 New Lot $7,000 SUSMP $9,900 Re- Bidding $9,950 Conformed Set $25,000 Elevator Redesign $2,500 CONTRACT AMENDMENTS SUBTOTAL $267,901 TOTAL DESIGN COST $863,801 CONSTRUCTION MANAGEMENT COSTS AMOUNT CONSTRUCTION MANAGEMENT CONTRACT $688,536 CONTRACT AMENDMENTS Project Labor Agreement Incorporation Increase $14,952 2nd Bid Process Increase $30,000 Increase for Photovoltaic System $5,000 Increase for Additional Construction $10,000 CONTRACT AMENDMENTS SUBTOTAL $59,952 TOTAL CONSTRUCTION MANAGEMENT COST $748,488 CONSTRUCTION COSTS AMOUNT CONSTRUCTION CONTRACT $8,631,300 BID ALTERNATES Lower Level $691,360 4 Electric Vehicles Charging Stations, Screens, Curbs /Rails, and Wall* $162,500 Electrical Conduit for Future Cameras and Phones $35,871 Canopy Imbeds $8,000 Fins, Canopies, and Guard Rail $320,002 Banner Light Fixtures and Ground Level Signs Grid C Rail $2,339 Solar Panels Support Columns* $93,337 Solar Panels* $600,000 Security Cameras and 6 Electric Vehicle Charging Stations* $115,289 BID ALTERNATES SUBTOTAL $2,028,525 CONTRACT CHANGE ORDERS Temporary Parking Lot and Bogart Avenue City Hall Access $5,876 Notice of Completion — Baldwin Park Transit Center Parking Structure Page 3 of 3 November 20, 2013 Relocate Underground Gas Line $16,897 Crush and Remove 15 Ton Boulder $3,395 Lounge and Restroom Modifications $15,049 BFPs, Paint Clarifications, Domestic Water Tie -In $52,779 Bike Rack and Texcote to Elevator and Lobby $11,048 Additional Irrigation, Hand Rails, and Painting $8,301 Fire Safety Changes $7,427 Additional Security Measures and Grade Changes $22,215 CONTRACT CHANGE ORDERS SUBTOTAL 1 $142,987 TOTAL CONSTRUCTION COST 1 $10,802,812 * MSRC Funded UTILITY COSTS AMOUNT Verizon Property Purchase $610,112 SCRRA Deposit $269,302* MTA Funds Processing Fee $83,407 Valley County Water District Connection Fees $26,002 The Gas Company Connection Fees $3,477 Southern California Edison Connection Fees $1,761 TOTAL UTILITY COST $994,061 TOTAL PROJECT COST $13,409,162 *The SCRRA has not prepared its final invoice for services provided. It is anticipated that the City will receive a refund of $150,000. The table below shows the funding sources that covered the project costs: FUND SOURCE AMOUNT Grants FTA $ 1,910,872 MTA $ 5,092,000 MSRC $ 437,283 SUBTOTAL GRANTS $ 7,440,155 City Funds Prop C $ 3,208,096 Gas Tax $ 1,200,000 Measure R $ 425,428 Asset Forfeiture $ 300,000 AQMD $ 635,483 Public Arts Fund $ 200,000 SUBTOTAL CITY FUNDS $ 5,969,007 TOTAL FUNDS $ 13,409,162 Notice of Completion — Baldwin Park Transit Center Parking Structure Page 4 of 3 November 20, 2013 The amounts above include the $1,047,011 in retention funds which have not been paid to the contractor. FISCAL IMPACT General Fund money was not been used to pay for this project. The funds for this project are restricted for use for transportation related purposes and cannot be used for General Fund operations. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by PCL Construction Services, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the release of $1,047,011 in project retention to PCL Construction Services, Inc. upon expiration of the 35 -day lien period. ATTACHMENT Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use On NOTICE OF COMPLETION Attachment Notice is hereby given that the certain work of improvement known as: Baldwin Park Transit Center Parking Structure for the City of Baldwin Park was accepted by the City Council on: November 20, 2013. The work of improvement was performed and completed by: PCL Construction Services, Inc. on August 31, 2013. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. • � .r By: Date: Daniel Wall, P.E. Director of Public Works /City Engineer NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS On this day of , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature UM W NOVEMBER 20,201 f1 PM i P - R- K Manuel Lozano - Chair Monica Garcia - Vice Chair Marlen Garcia - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Finance Se invita al pGblico a dirigirse a la Agencia nombrada en esta Authority on any matter posted on the agenda or on any agenda, para hablar sobre cualquier asunto publicado en la other matter within its jurisdiction. Jf you wish to address agenda o cualquier tema que este bajo su jurisdiccion. Si usted the Board, you may do so during the PUBLIC desea la oportunidad de dirigirse a la Agencia, podra hacerlo COMMUNICATIONS period noted on the agenda. Each durante el periodo de Comentarios del PGblico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para convenience. su conveniencia. Any Vvrittela public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the ,authority less than 72 hours prior to that meeting will be available for public inspection at City Flatl in the City (erl as office-; at 14403 E. Pacific Avenue, 3rd f=loor during normal business hours (llllonday - Thursday, '171,30 a. m. - 6: 00 p. €n) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERiODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en considerac16n en juntas proxintas. [Codigo de Gobiu-mo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT: AUGUST 2013 & SEPTEMBER 2013 Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. ADJOURNMENT CERTIFICATION 1, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14 th day of November 2013. Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) FINANCING AUTHORITY AGENDA CITY OF BAL ®WIN PARK n.n�t 2 (1 STAFF REPORT Honorable Mayor and Members of the Ci FROM: Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Director DA TE: Novembe SUBJECT: Treasurer's Reports: August 2013 & September 2013 - � r The purpose of this report is to provide the Treasurer's Reports for August 2013 & September 2013. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Reports: August 2013 & September 2013 Page 2 FISCAL IMPACT None Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. ATTACHMENT August 2013 & September 2013 Treasurer's Reports CITY OF BALDWIN PARK TREASURER'S REPORT August 31, 2013 ESTIMATE FL D INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 5,569,654.81 $ 30,376,047.57 Total Investments S 30,376,047.57 Cash City Checking 8,287,393.66 Agency Investment Fund City 0.27% Varies Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768„478.63 Housing Authority 0.27% Varies Varies 37,914.13 37,914.13 37,914.13 37,914.13 24,806,39236 24,806,392.76 24,806,392.76 24,806,392.76 Fiscal Agent Funds - City Varies Varies Varies 2,335,800.42 2,335,800.42 2,335,800.42 2,335800.42 Fiscal Agent Funds - Success( Varies Varies Varies 3,233,854.39 3,233,854.39 3,233,854.39 3,233,854.39 $ 30,376,047.57 $ 30,376,047.57 5,569,654.81 $ 30,376,047.57 Total Investments S 30,376,047.57 Cash City Checking 8,287,393.66 City Miscellaneous Cash 93,673.99 Comm. Develop. Comm. 0.00 Successor Agency 413,818.54 Housing Authority 315,144.03 Financing Authority 0.00 Total Cash 9,110,030.22 Total Cash and Investments S 39,486,077.79 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of August 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six onths that all investments are in compliance to the City's Statement of Investment Policy. - - -- y Approved )y: / Inter Finance CITY OF BALDWIN PARK TREASURER'S REPORT September 30, 2013 INVESTMENT DESCRIPTION INTEREST RATE PURCHASE DATE MATURITY DATE PAR VALUE CURRENT PRINCIPAL BOOK VALUE MARKET VALJUE State of California Local Agency Investment Fund 0.26% Varies Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768,4178.63 City 0.26% Varies Varies 37,914.13 37,914.13 37,914.13 37,914.13 Housing Authority 24,806,392.76 24,806,392.76 24,806,392.76 24,806,3,`92.76 Fiscal Agent Funds - City Varies Varies Varies 2,335,814.45 2,937,729.27 2,335,814.45 2,937,729.27 2,335,814.45 2,937,729.27 2,335, 914.45 2,937,729.27 Fiscal Agent Funds - Success( Varies Varies Varies S $30,079,936.48 5,273,543.72 S ,079,936.48 307,93 Total Investments $ 30,079,936.48 Cash City Checking 8,221,352.27 City Miscellaneous Cash 57,847.96 Comm. Develop. Comm. 0.00 Successor Agency 451,729.38 Housing Authority 315,937.83 Financing Authority 0.00 Total Cash 9,046,867.44 Total Cash and Investments $ 39,126,803.92 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of September 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the 7nths that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Interim Knance 299M A Ion 0 '' NOVEMBER t 1 7:00 PM • -. Manuel Lozano - Chair Monica Garcia Marlen Garcia Ricardo Pacheco - Vice Chair - Board Member - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Se invita al publico a dirigirse a la Agencia nombrada en Authority on any matter posted on the agenda or on esta agenda, para hablar sobre cualquier asunto any other matter within its jurisdiction. If you wish to publicado en la agenda o cualquier terra que este bajo address the Board, you may do so during the su jurisdiccion. Si usted desea la oportunidad de dirigirse PUBLIC COMMUNICATIONS period noted on the a la Agencia, podra hacerlo durante el periodo de agenda. Each person is allowed three (3) minutes Comentarios del Publico (Public Communications) speaking time. A Spanish speaking interpreter is anunciado en la agenda. A cada persona se le permite available for your convenience. hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public' record relating to an agenda item for an open session of a regular- meeting of the 1- 1ousing Authority that is distributed to the City Council less than 73 hours prior to that rneetinq will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during norn7al business hours (10onday - Thursday, 7:30 a, m. - 6:00 p,m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COM/S/ON No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alg Ula e%ergen Va o l(IUlsLanclespecial'. El clelpo teglJl at %vo y st personal podra %: i) Responder % br eclaraciones o preguntas hechas por personas; o 2) Dingir personal a investigar y/o fijar m asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORTS: AUGUST 2013 & SEPTEMBER 2013 Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of November 2013. Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballerop_baldwinpark.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) P A , R � K Im r m NOV- 2 0 STAFF REPORT Cl�lil'1�� Honorable Mayor and Members of the Ci Vijay Singhal, Chief Executive Officer Craig Graves, Interim Finance Director DATE: November 20, 2013 SUBJECT: Treasurer's Reports: August 2013 & September 2013 The purpose of this report is to provide the Treasurer's Reports for August 2013 & September 2013. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. ® Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Reports: August 2013 & September 2013 Page 2 FISCAL IMPACT know Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. ATTACHMENT August 2013 & September 2013 Treasurer's Reports CITY OF BALDWIN PARK TREASURER'S REPORT August 31, 2013 ESTIMATE INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 24,768,478.63 24,768,478.63 Agency Investment Fund 24,768 „478.63 Varies City O.27% Varies Housing Authority 0.27% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768 „478.63 Varies 37,914.13 37,914.13 37,914.13 37914.13 24,806,392.76 24,806,392.76 24,806,392.76 24,806,392.76 Varies 2,335,800.42 2,335,800.42 2,335,800.42 2,335800.42 Varies 3,233,854.39 3,233,854.39 3,233,854.39 3,233,854.39 $ $ 30,376,047.57 5,569,654.81 $ 30,376,047.57 30,376,047.57 Total Investments S 30,376,047.57 Cash City Checking 8,287,393.66 City Miscellaneous Cash 93,673.99 Comm. Develop. Comm. 0.00 Successor Agency 413,818.54 Housing Authority 315,144.03 Financing Authority 0.00 Total Cash 9,110,030.22 Total Cash and Investments S 39,486,077.79 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of August 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ysix ont hs that all investments are in compliance to the City's Statement of Investment Policy. Approvedgy: � Inte0n Finance Ui CITY OF BALDWIN PARK TREASURER'S REPORT September 30, 2013 INVESTMENT DESCRIPTION INTEREST RATE PURCHASE DATE MATURITY DATE PAR VALUE CURRENT PRINCIPAL BOOK VALUE MARKET VALADE State of California Local Agency Investment Fund Varies 24,768,478.63 24,768,478.63 24,768,478.63 24,768,478.63 City 0.26 % Varies Varies 37,914.13 37,914.13 37,914.13 37,914.13 Housing Authority 0.26% Varies 24,806,392.76 24,806,392.76 24,806,392.76 24,806,392.76 Fiscal Agent Funds - City Varies Varies Varies 2,335,814.45 2,937,729.27 2,335,814.45 2,937,729.27 2,335,814.45 2,937,729.27 2,335,8114.45 2,937,729.27 Fiscal Agent Funds - Successc Varies Varies Varies $ 30,079,936.48 $ 30,079,936.48 5,273,543.72 $ 30,079,936.48 Total Investments $ 30,079,936.48 Cash City Checking 8,221,352.27 City Miscellaneous Cash 57,847.96 Comm. Develop. Comm. 0.00 Successor Agency 451,729.38 Housing Authority 315,937.83 Financing Authority 0.00 Total Cash 9,046,867.44 Total Cash and Investments $ 39,126,803.92 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of September 2013 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the 7nths that all investments are in compliance to the City's Statement of Investment Policy. Approved by: L7raig Q Interim