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2014 08 06
NOTICE 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, AUGUST 6, 2014 at 5:30 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: July 31, 2014 /f Manuel Lozano Mayor AFFIDAVIT OF POSTING I, 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 July 31, 2014. til Alejandra Avila City Clerk FF AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and AUGUST 6, 2014 location PM / CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN P- A, R- K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Cruz Baca - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APA CAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invite al pOblico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencies nombradas en esta agenda, agenda on any matter posted on the agenda or pare hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tome que este bajo su junsdicci6n. wish to address the City Council or any of its Si usted desea la oportunidad de dingirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencies, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarics del Ptiblico (Public agenda. Each person is allowed three (3) Communications) anunciado an la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete pare so conveniencia. CITY COUNCIL SPECIAL MEETING - 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor 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 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 D/RIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n an algun asunto a menos qua sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dingir personal a investigar y/o fijar asuntos para tomar an consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] STUDY SESSION/ OPEN SESSION HEALTHY EATING ACTIVE LIVING (HEAL) GRANT UPDATE BY REPRESENTATIVES OF LOS ANGELES COUNTY AND CALIFORNIA CENTER OF PUBLIC HEALTH ADVOCACY (CCPHA). PRESENTATION BY THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT ON THE ASIAN TIGER MOSQUITO AND POSSIBLE ANNEXATION INTO THE DISTRICT. RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 14173 Garvey Avenue, Baldwin Park, CA 91706 Agency Negotiators: Shannon Yauchzee & Robert N. Tafoya Negotiating Parties: The Lamar Companies Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya Employee Organization: Police Officers Association; Police Management Employees Association 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Potential Case(s): nine (9) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 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 24 hours prior to the meeting on July 31, 2014. 1 r., / G G6f 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 e -mail rcaballero a�baldwirAark.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) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 6, 2014 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 P - A- R • K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tem Cruz Baca - Council Member Monica Garcia - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS FOR 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 at 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 tema que este bajo su jurisdicciBn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete pare su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano ANNOUNCEMENTS 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 1. UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT (POWER POINT) 2. PRESENTATION OF OATH OF OFFICE FOR SHANNON YAUCHZEE, CEO PLAQUE PRESENTATION TO DANIEL R. OAXACA, SAN GABRIEL VALLEY CONSERVATION CORPS FOR CELEBRATING THEIR 10TH YEAR ANNIVERSARY. 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA D/RIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE No se padre tome acci6n en alg0n asunto a menos quo sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas par personas; 0 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda - AUGUST 6, 2014 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 that the City Council ratifies the attached Warrants and Demands 2. CLAIM REJECTION Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Miramontes, Marisela: Alleged trip and fall claim Estrada, Carlota: Alleged trip and fall claim Flores, Sergio: Alleged violation of the California Trust Act, Cal, Government Code Sections 7285- 7285.5: After a review of the investigation done by the police department in this matter and reviewing the government claim itself, as well as review of all relevant documents, it was determined that the City is not liable. 3. AUTHORIZE AN AGREEMENT FOR PROFESSIONAL SERVICES FOR WALNUT CREEK NATURE PARK Staff recommends that the City Council: 1) Award a contract for the conceptual design of Walnut Creek Nature Park to Restoration Design Group in the amount not to exceed $32,950; and 2) Authorize the Mayor to execute the following agreement 4. APPROVE SERVICES WITH SPECIALIZED BUSINESS SYSTEMS TO RELOCATE THE SPECIALIZED TRACK SHELVING AND STORAGE FOR THE POLICE EVIDENCE ROOM 1. That the City Council approve the services outlined in the attached price quote contract with Specialized Business Systems for an amount not to exceed $29,601.50 from account 205 -30- 310 - 53200 - 00000 -2. Specialized Business Systems is the sole source vender because of their expertise, pervious installation and knowledge of the project. 2. Authorize the City Attorney to draft a contract for Mayor's signature for services outlined in the attachments. 3. Authorize the Director of Finance to make the necessary budgetary transfers. 5. ADOPT RESOLUTION NO. 2014 -029 SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014/15 Adopt Resolution No. 2014 -029 Setting the Annual Appropriation Limit for Fiscal Year 2014/15 at $65,690,878. 6. APPROVAL OF AGREEMENT WITH NEFTALI CORTEZ, DBA NATIONWIDE COST RECOVERY SERVICES, FOR ASSISTANCE RE VACANT AND ABANDONED PROPERTY REGISTRATION PROGRAM Staff recommends City Council: 1) Direct the Chief Executive Officer to execute a Professional Service Agreement with Neftali Cortez, dba Nationwide Cost Recovery Services, to administer and enforce the provision of Chapter 150.250. City Council Agenda — AUGUST 6, 2014 3 7. ADOPTION OF RESOLUTION NO. 2014 -028 TO SUPPORT SENATE BILL 1275 (DE LEON) It is recommended the City Council adopt Resolution No. 2014 -018 by reading its title only and waive further reading "RESOLUTION NO. 2014 -028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF SENATE BILL 1275" 8. POLICY FOR ALCOHOLIC BEVERAGE SALES WITHIN THE CITY OF BALDWIN PARK It is recommended that the City Council approve Administrative Policy # 028, entitled `Development standards for Alcoholic Beverage Sales ". SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and/or City Council at or prior to the public hearing. 9. PUBLIC HEARING OF THE CITY COUNCIL TO ADOPT A RESOLUTION AND THE CITY'S 2014 CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION REPORT It is recommended that the City Council open the public hearing, receive any public comment, close the public hearing and adopt Resolution 2014 -027, "A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Ricardo Pacheco for discussion & direction to staff on the following: • According to the U.S Bureau of labor statistics Baldwin Park has an 11 % unemployment rate that is higher than the state and national average of 7% and 6% respectively. In an effort to reduce the unemployment rate for financially burdened families in Baldwin park and offer no cost or affordable job training programs I am requesting the city council direct staff to begin research on funding and possible locations for a Worksource Center to be located in Baldwin Park and to draft a letter in support to our state legislative and congressional elected officials. • In order to address the needs of better access to higher education and low unemployment in Baldwin Park and to better serve the community, direct staff to meet with Mt. SAC and to survey residents and community members on the need to bring a satellite campus to Baldwin Park City Council Agenda — AUGUST 6, 2014 Page 4 Request by Councilmember Susan Rubio for discussion & direction to staff on the Wowing: To direct staff to begin conceptual design for a Park / Civic Center courtyard across from City Hall identified as an open space on the Arroyo Group specific plan and to identify possible resources for funding including the Quimby Park Land Funds. To direct staff to light up the palm trees on Maine Street from Ramona to Clark. To direct staff to begin the planning process to have a Farmers Market for three weeks beginning in September. ADJOURNMENT CERTIFICATION 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 31St day of July 2014. r 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 cbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — AUGUST 6, 2014 Page 5 �j,- HUB OF ~ THE U � fANf.ARRIF TO: Honorable Mayor and Members of the City ( FROM: Craig A. Graves, Director of Finance DATE: July 30, 2014 SUBJECT: Warrants and Demands SUMMARY STAFF REPORT N, Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. Staff recommends the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $356,604.81 and the attached General Warrants Register were $777,012.08 for a total amount of $1,133,616.89 LEGAL REVIEW None Required BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or their designee does hereby certify to the accuracy of the demands hereinafter referred payments released since the previous City Council meeting and the following is a summary of the payment released: Warrants and Demands Page 2 1. The payroll of the City of Baldwin Park consisting of check numbers 196326 - 196359. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 236034 - 236275 for the period of June 08, 2014 through June 21, 2014 inclusive; These are presented and hereby ratified in the amount of $356,604.81. 2. General Warrants, including check numbers 201101 to 201370, in the total amount of $777,012.08 constituting of 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. 1 L M 1 1 P 1 1� n 1 (xy N N N N N N N N N N I T O O O O O O O O C O O I Y O O P 0 0 0 0 0 0 1 1 i 1 Y V+ W JaN YN n VVN OJN N,CAUYUN0NA0 VdVVV VVm OUIJ l•: 4+ F-, 4t OV NLY I X mOmW Wm ONmbNF+IOONVInti VINUIm VJVWO COVI IPN NF+ 00 NN AN 1 b JOJJ WW J0WNA6]mWNuApIWWWOmmm00 COO ]D I? 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JW o. m0 bA NN Wb 00 J 1 d n n N y n N n y J 0 b N W O I 1 N i n d N 10O AO VIO NO YO N4 A n.T.' hl T O J O J O J O J O J O J O I\ [+1 n A O O A VI\ Y\ V\ O\ O\ Y\ Y 1 rn I W I W 1 tJ 1 W 1 W I W 1 x W Y A p W O A 1 b O Y O O O O Y I a n Q A p N U N m VI N N 1 �1 H 'Hi 'Hy w0 AW WO iL W UO WO WY YN WO Vm NY' WN W A 1 I (j IG T. r L"I r O� OJ NGG o0 ou WIN+ O ; O � Ya Y 01 O O O Y I 4 p {Y{�JJ N O 9 O O 01 I TT 1 lNll O H v Yy J a H 0I ro n = m 0 0 0 o w H o 1 p J 5 w 0 yy (7 N N x C �p K 1 M i 0 o o O O C� 1y/gy1/ H (tr(.��f yMy�� N Fi IISI-ryryI 'HA Vi V S T N C�C 3 RI rya 1J' 7 ;; (mj 1 Io+ J [ate] 1imm n F �'A W.H K l71n O H O p (:•fl ❑may Z iiro r p y o z o Y 0 i I Y K I I I F� o m m 01 VI 1 O A •i r Y r i n ..• N J 1 ht N 1 N m N O 1 iY UI V1 Y U 1 U� Y b O H 1 f 1 W I 1 1 1 1 1 I i ^ i 1 1 fa i I 1 m W STAFF REPORT SUMMARY ITEM NO. TO: The Honorable Mayor and Members of the City Council FROM: Shama P. Curian, Human Resources Manager DATE: August 6, 2014 / SUBJECT: Claim Rejection - +/ This report requests the City Council reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. FISCAL IMPACT Unknown at this time. Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Miramontes, Marisela: Estrada, Carlota: Flores, Sergio: ALTERNATIVES Alleged trip and fall claim Alleged trip and fall claim Alleged violation of the California Trust Act, Cal. Government Code Sections 7285- 7285.5: After a review of the investigation done by the police department in this matter and reviewing the government claim itself, as well as review of all relevant documents, it was determined that the City is not liable. There are no other alternatives for the City Council to consider as it is necessary for the City Council to reject the claims for the statute of limitations to begin on the claims received. Page 2 LEGAL REVIEW These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus it is requested that all city staff, the Mayor, and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice the claims in any way which can happen if public or private comments are made about this claim by city staff or Councilmembers. Any specific questions should be referred to the City Attorney. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. STAFF ITEM NO. TO: Honorable Mayor and Members of the City Council ,r J FROM: Manuel Carrillo Jr., Director of Recreation & Community Se 1ki ces DATE: August 6, 2014 SUBJECT: Authorize an Agreement For Professional Services for Walnut Creek Nature Park SUMMARY The agreement for professional services will allow Restoration Design Group to perform conceptual design services for Walnut Creek Nature Park. FISCAL IMPACT This project will have no impact on the general fund. Grant funds from the Rivers and Mountain Conservancy (RMC) will be used for the preparation of the conceptual design. A 10% contingency of $3,295 has been added to project. The entire $35,000 will be used to cover the project cost and part of the contingency. The remaining $1,245 will be absorbed by Prop A grant funds that were awarded to the City in 2013 for Walnut Creek Nature Park by the Los Angeles County Regional Park and Open Space District. RECOMMENDATION Staff recommends that the City Council: 1) Award a contract for the conceptual design of Walnut Creek Nature Park to Restoration Design Group in the amount not to exceed $32,950; and 2) Authorize the Mayor to execute the following agreement LEGAL REVIEW The City Attorney has reviewed the Professional Services Agreement and approved it to form. BACKGROUND. At their May 7, 2014 Council meeting, the City Council approved a Request for Proposal (RFP) for Walnut Creek Nature Park. Twelve proposals arrived by the June 5, 2014 deadline. A total of four reviewers consisting of two City staff and two outsiders (one representative from the RMC and one from the Council for Watershed Health) reviewed the proposals. A total of eight firms were invited to the interviews that were held on Wednesday, June 25, 2014. The interview panel consisted of two City Staff and one representative from the RMC. Immediately following the interviews, staff selected the top three firms. Staff once again reviewed the finalist's proposals and conducted reference checks on the finalists. After reviewing references and their scope of services, staff selected Restoration Design Group. Restoration Design Group not only demonstrated strong qualifications for the project, they also happen to be the lowest bidder on the project. In addition to the funding from the RMC, the City has already been awarded the following monies for construction: CALIFORNIA NATURAL RESOURCES AGENCY- $220,000 LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT - $200,000 UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT - $25,000 Attachments: 1) Request for Proposals 2) Firms That Submitted Proposals 3) Agreement for Professional Services with Restoration Design Group 4) Proposal from Restoration Design Group ATTACHMENT #1 CITY OF BALDWIN PARK REQUEST FOR PROPOSALS (RFP) FOR Walnut Creek Nature Park Improvements 701 N. Frazier Avenue IN THE CITY OF BALDWIN PARK, CALIFORNIA MAY 2014 PROPOSALS DUE: June 5, 2014 at 5:00 P.M. at: CITY OF BALDWIN PARK Esther Snyder Community Center Department of Recreation and Community Services 4100 Baldwin Park Blvd Baldwin Park, CA 91706 (626) 813 -5245 REQUEST FOR PROPOSALS Conceptual Design Services for: Walnut Creek Nature Park Improvements City of Baldwin Park ✓ INTRODUCTION ............................................... ..............................1 ✓ BACKGROUND ..................................... ..............................2 ✓ PROPOSAL SUBMISSION INSTRUCTIONS .. ............................... 4 ✓ SCOPE OF WORK ........................................... ............................... 8 INTRODUCTION The City of Baldwin Park (City) is seeking proposals from consulting professionals experienced in park design to provide Planning and Design services for the renovation of Walnut Creek Nature Park, located at 701 N. Frazier Avenue, in the City of Baldwin Park, California. It is essential that individuals involved have relevant experience with park planning and design, particularly with nature parks. The firms considered by the City shall have experience in transforming parks that are located in high vandalism areas and can provide new alternatives to reduce vandalism while retaining the aesthetic beauty of the park. The qualified firm shall have California native plant design experience and be knowledgeable on the selection of local native plants and drought tolerant plants. The firm shall also demonstrate experience with the use of water and energy efficiency technologies through project examples. The City is also interested in seeking ways to collect storm water runoff for ground water recharge. The City desires to blend functionality and aesthetics to provide a park that is safe, educational, and environmentally sustainable. The qualified firm shall have experience working with communities of color as well as different public agencies as there will be meetings with stakeholders, community members, and funding partners. Exhibit 1 is an aerial photograph of Walnut Creek Nature Park Exhibit 2 is a funding summary which includes $35,000 for conceptual design and $445,000 for construction of the features that emerge from the conceptual design. This RFP is for the Conceptual Design portion of the overall project. RFP for Walnut Creek Nature Park Improvements City of Baldwin Park BACKGROUND The Project includes engaging residents from the City of Baldwin Park, which is located 15 miles northeast of Los Angeles. It has approximately 75,000 residents, the majority of whom are Latinos (79 %) and a growing population of Asians (14 %). Poverty is prevalent: 73% of students are eligible forfree or reduced -price meals compared to 49% in California at large. According to the L.A. Public Health Department, Key Indicators 2012, 12.6 percent of households earn incomes below the federal poverty level. Moreover, 62.3% of residents are under the age of 34. As a city within Los Angeles County, it is important to note that 23% of children are obese /overweight and there are compounding barriers to food access, park access and physical activity opportunities due to road conditions and /or safety issues. Diabetes and other chronic diseases are increasing dramatically among both adults and children. Because the environment is correlated with health outcomes, it is crucial to create healthy environments for children and families that support active transportation. The City has 5 parks and 6 recreation facilities. Walnut Creek Nature Park is a quaint passive 4.56 acre park north of and adjacent to the Walnut Creek Wash and the Los Angeles County Flood Control District access road. Originally acquired bythe Baldwin Park Unified School District to be a future school site, the property was later sold as surplus to the City of Baldwin Park for the intended use to be a nature park. The park was completed and opened in the mid 1980s. The park was originally landscaped with plants native to the San Gabriel Valley area and also features a winding trail, dry stream bed, bridge, and observation structure. After 2008, Walnut Creek Nature Park became the target of copper and bronze vandalism. Prior to the copper and bronze thefts of the lighting and irrigation system, the entire City has been susceptible to graffiti and vandalism which the City has actively taken steps to suppress over the last 15 years. However, the park remains a regular target for graffiti. Due to the location of the park, Walnut Creek attracts transients and some unfavorable elements. Due to these issues, the residents immediately surrounding the park have concerns about the park renovation and safety. In addition to vandalism and negative activity, several of the park's California Sycamore trees have become diseased and subsequently removed. The park is also in need of significant landscaping restoration by the dry stream bed and throughout the entire winding trail. The observation structure has been damaged by vandalism and weathering effect. As such, the structure needs to be assessed for long term use. Since Walnut Creek Nature Park is located at the confluence of the Walnut Creek Wash and the San Gabriel River, the park attracts a variety of animals. Below is a list of species that have been spotted at the park over the last few years: • Two Blacktail Hawks with a Nest (Full Grown Adults) • Red Tail Squirrels • Possums 2 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park • Native Finches • Hummingbirds • Owl (possibly Spotted Owl) • Ducks (Perch) • Gophers • Honeybee Beehives Walnut Creek Nature Park is uniquely positioned near the San Gabriel River and Walnut Creek Wash. Walnut Creek Nature Park would make an ideal rest stop for bicyclists to rest and have an outdoor picnic due to the park's natural setting. The goal of this project would be to also restore the original landscape in order for other animal species to thrive. Improvements made at Walnut Creek Nature Park will allow for greater regional connectivity to the San Gabriel River Bike Path and Emerald Necklace. A RFP for Walnut Creek Nature Park Improvements City of Baldwin Park PROPOSAL SUBMISSION INSTRUCTIONS O Proposal Submission Deadline O Tentative Consultant Selection Schedule O Proposal Requirements & Format O Qualifications of Consultant O Firm Selection Process Six hard copies and one PDF of the Proposal shall be submitted by 5 pm on Thursday, June 5, 2014 to: Manuel Carrillo Jr., Director of Recreation and Community Services Esther Snyder Community Center City of Baldwin Park 4100 Baldwin Park Blvd Baldwin Park, CA 91706 All inquiries and responses to this RFP must be submitted in writing via e-mail to: Monica Killen, Program Supervisor via e-mail: mkillen @baldwinpark.com All questions regarding this RFP must be received no later than 5 pm on Wednesday, May 21, 2014, and all responses will be e- mailed to all prospective proposers on or before Friday, May 30, 2014. Milestone From To RFP for Consultant Services May 8, 2014 June 5, 2014 RFP Review and Selection* *Tentative Consultant Interview Date -June 12, 2014 June 2014 June 2014 City Council Contract Approval July 2, 2014* July 16, 2014 ** Data Collection July 2014 August 2014 Public Input Meetings July 2014 August 2014 Draft Conceptual Designs and Feedback September 2014 October 2014 Final Conceptual Designs October 2014 November 2014 Presentation of Designs December 2014 January 2015 p p..VPI VGIC oG KUP l Ppl UVd1 UdLU Note: All Dates are Subject to Change Proposal Requirements The proposal is to present a complete understanding of the scope of services in this Request for Proposals including the following: 1. General Information and Background a. Firm name, address, telephone, and fax numbers. El RFP for Walnut Creek Nature Park Improvements City of Baldwin Park b. Nature of organization (i.e., individual, partnership, corporation, firm size, composition, and number of years in business). c. Numbers 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. e. Include work related to Environmental Project Compliance fortype of funds used (local, state, federal). 2. Protect 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. c. State plans for and experience with community engagement during conceptual design. Including number of workshops /community meetings. 3. Staffing Plans a. Provide a project organizational chart showing key professional staff, principles, and sub - consultants. b. Provide resumes of all key personnel that will be involved throughout the project, 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 these projects and the estimated percent of the key personnel's time that will be devoted to this project. Provide a labor and task cost distribution schedule (table). 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 Breakdown Provide a project task breakdown with milestone dates with appropriate work phase efforts. Include the estimated times (staff -hour effort) required to perform each general category of work. Also include a copy of the firm's standard hourly billing rates (compensation schedule). Additional Requirements The selected consultant must provide the following: RFP for Walnut Creek Nature Park Improvements City of Baldwin Park The Agreement for Services shown in Exhibit 3 shall be used as the basis for engaging in conceptual design 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 $1,000,000 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 $1,000,000 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 parks and layout of natural features. 2. Understanding of this type of project's scope of work and appropriate approach to performing design services. 3. Experience in incorporating native plant landscaping and passive recreation amenities into the design. 4. Sufficient experience of the project management team and key staff proposed. 5. A licensed architect or landscape architect in the State of California and some demonstrated experienced in the design of these types of projects. 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 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park shown in Exhibit 4 will be used to evaluate the qualifications of each firm. The committee will interview the most qualified consultants and will be scheduled so they occur within two weeks after proposals are submitted. 2. The City will negotiate with the firm ranked highest after the interviews based on the scope of services 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. 7 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park SCOPE OF WORK Project Description Scope of Services Staffing and Organization Design and Development Schedule Cost Proposal Project Description Walnut Creek Nature Park is a 4.56 acre park adjacent to Walnut Creek Wash, with a Flood Control unlined channel, near the confluence with the San Gabriel River. The park features one permanent observation structure with restrooms and small kitchen, a dry stream bed, and a wooden bridge connecting to dirt trails. There are two playground areas, however there is only one playground structure in the playground space. Lighting fixtures are sparse and have been vandalized over time. Vandalism has taken its toll on the partially operating irrigation system which has led to overgrown weeds and highly stressed native vegetation. There are mature California sycamore, walnut, coast live oak and pine trees located throughout the park. Adjacent to the entrance to the park is a surface vehicle parking lot. Along the back perimeter of the project area are several residences whose backyards are separated by a chain link fence. There is also a non - working electronic gate that is chained closed in an adjacent residential neighborhood. The observational structure features a wooden deck overlooking the dry stream bed and large wood burning fireplace built of inlayed river rock. The City plans to renovate the landscaping based on a native species landscape design philosophy. In addition, the City hopes to incorporate additional interpretative elements for visitors and a park wide surveillance system. In a separate project, the City will be creating a bike path that will connect the Walnut Creek Wash to the existing San Gabriel River Class I bike path. It is anticipated this project will be going on simultaneously with the construction at Walnut Creek Nature Park. The 2+ mile San Gabriel River Commuter Bikeway Project will encourage the use of cyclists to commute on the existing north to south San Gabriel River Bike Path and connect to major employment hubs such as UPS, Kaiser Permanente Hospital, In -N -Out Burger and other companies in the adjacent City of Industry. It is anticipated that Walnut Creek Nature Park will be a rest area for those bicyclist commuters and for pedestrians who will use this path as an active exercise route. Scope of Services The City desires to engage a firm that will design a Master Conceptual Site Plan for the rehabilitation of Walnut Creek Nature Park. Due to the present conditions at the park, the City desires to renovate the park using a nature park design and also incorporate new gateway elements that connect the park to Walnut Creek Wash bikeway (yet to be built) and hence to the Emerald Necklace and the San Gabriel River Commuter Bikeway Project. The City is also open to renovating the park with a themed or creative nature park design 0 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park to reintroduce the park to the community. Such design elements might include the following: Hardscape Improvements • Walking Trail Comprised of Decomposed Granite • Vandal Resistant Security Lighting • New Fencing and Security Gate • Updated Playground Elements or Structure • ADA Improvements to Pedestrian Bridge • Decorative Theme Fencing Connecting to San Gabriel River Bikeway Path with Entry Enhancements • Interpretative Signage Along the Walking Trail with Educational Components • A Gateway Element at the Regional Trailhead • Enhance Existing Drainage Swale in the Park • Other Low Maintenance, Vandal Resistant Monitoring Technology Landscape Improvements • Re- Establish Landscaped Areas Throughout the Park • Additional Native Drought Tolerant Plants Modifications to hardscape and landscape features should seamlessly fit the existing surrounding amenities. 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 • Kick -off meeting with City Staff (discuss scope, budget details, and schedule) • On -Site Review Milestone B — Public Input Process O Prepare a Preliminary Conceptual Master Plan O Coordinate and Hold at leasttwo Public Input Meetings for Stakeholders, Residents, and Interested Parties O Hold an Information Gathering Meeting with the Recreation and Community Services Commission O Prepare a Conceptual Master Plan O Hold a Meeting with City Staff to Review Findings of Public Input Process and the Conceptual Master Plan Milestone C — Conceptual Design Layout O Prepare and display a Refined Conceptual Master Plan reflecting direction of the community and City staff O Hold a meeting with the City staff to discuss the final concept design. 0 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park Milestone D - Finalize Desiqn O Prepare and Final Conceptual Master Plan O Submit the Final Conceptual Master Plan to the City for review O Presentation to the City Council Submittals must include: O Two Colored Preliminary Conceptual Master Plan Site Plans for Community Meeting (24 "x36 ") O Structural Assessment of Observation Structure O Conceptual Site Plans for City Staff Review O Detailed Estimated Costs for Construction O One Refined Conceptual Master Plan- Color (24" x 36 ") O Conduct At Least Two Community Input Meetings O Final Conceptual Master Plan Site Plans for Presentation to City Council to Review and Approve O One Electronic Copy of Above Deliverables (Autocad, PDF's, MS Word, MS Excel) Staffing and Organization 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. However, on a preliminary basis: Ultimate Authority The City Council shall be the ultimate authority on the project. Their involvement is authoritative to award contracts, to accept final design, and to accept final delivery of the construction improvements. Owner /Operator Manny Carrillo Jr., Director of Recreation and Community Services, shall serve as the client or owner. Mr. Carrillo will be the operator of the facilities and shall govern the aesthetic qualities of the project. Project Manager David Lopez, Associate Engineer, shall serve as the developer to ensure compliance with construction standards, to monitor and track construction schedule and construction costs, to ensure design is practical, to ensure the project attains operational standards, and to ensure grant and funding accountability. During construction, the Project Manager shall also ensure that construction meets safety standards, environmental and labor compliance. Grant Management Mark Stanley, Executive Director of Rivers and Mountain Conservancy (RMC) shall serve as a project monitor to ensure grant funds from the RMC are utilized in accordance to the agreement between the City and the RMC. 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. 10 Exhibit 1 Exhibit 2 Walnut Creek Nature Park Improvements Funding Summary State of California Rivers and Mountains Conservancy (Design) $35,000 California Natural Resources Agency (Construction) $220,000 Los Angeles County Regional and Open Space District (Prop A) (Construction) $200,000 Upper San Gabriel Valley Municipal Water District (Construction) $25,000 Total Funds Available for Design and Construction $480,000 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park EXHIBIT 3 AGREEMENT FOR SERVICES This Agreement is entered into this _ day of , 2014 by and between the City of Baldwin Park ( "CITY ") and a [insert legal form of entity, Le California corporation, limited partnership, etc.] ( "SERVICE PROVIDER"). RECITALS A. CITY has determined that it requires the following professional services from a SERVICE PROVIDER: [describe required services]. B. SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows: 1. DEFINITIONS A. "Scope of Services ": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. C. "Commencement Date ": [insert contract start date] D. "Expiration Date ": [insert contract end date] 2. SERVICE PROVIDER'S SERVICES A. Scone of Services. Subject to the terms and conditions set forth in this Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. SERVICE PROVIDER shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. SERVICE PROVIDER shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and -1- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park regulations. 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Director of Recreation and Community Services , (hereinafter the "City Representative "). It shall be SERVICE PROVIDER's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. SERVICE PROVIDER Representative. For the purposes of this Agreement, [insert name of SERVICE PROVIDER's responsible principal] is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal "). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY. 4. SERVICE PROVIDER'S PERSONNEL A. SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. C. SERVICE PROVIDER may not utilize the services of any subSERVICE PROVIDERS, or subcontractors, to undertake specific work tasks, without written consent from the CITY. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. SERVICE PROVIDER shall be responsible for payment of all employees' (and any subSERVICE PROVIDERS') wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, Social Security, prevailing wages, and any other applicable law. F. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of -2- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION [if compensation is based on an hourly rate] A. CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed ($ ), based on the hourly rates set forth in the Approved Fee Schedule (Exhibit B). Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes or other authorized deductions from each payment made to SERVICE PROVIDER. [if agreement includes a not -to- exceed amount] No claims for compensation in excess of the not -to- exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not -to- exceed amount must be submitted to and approved by the City Representative. [if compensation is based on a flat rate] A. CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed ($ ) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. [if agreement includes a not -to- exceed amount] No claims for compensation in excess of the not -to- exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not -to- exceed amount must be submitted to and approved by the City Representative. [if City reimburses for all or certain expenses in addition to the compensation set forth in 7A above] B. SERVICE PROVIDER shall be entitled to reimbursement only for those expenses expressly set forth in the Approved Fee Schedule. In no event shall expenses exceed the sum of [if City does not reimburses expenses] B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. -3- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park Additional services, if any are authorized, shall be compensated on a time and materials basis using SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional services shall be paid within thirty (3 0) days of the date SERVICE PROVIDER issues an invoice to CITY for such services. 8. METHOD OF PAYMENT SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back -up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included on the invoice. Within thirty (3 0) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER. 10. TRAVEL REIMBURSEMENT Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER or subcontractor pursuant to this Agreement shall not be a reimbursable expense. 11. INDEPENDENT CONTRACTOR SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SERVICE PROVIDER. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. 10 RFP for Walnut Creek Nature Park Improvements City of Baldwin Park 13. CONFLICTS OF INTEREST SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that SERVICE PROVIDER executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. SERVICE PROVIDER's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against SERVICE -5- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall fully comply with the workers' compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. SERVICE PROVIDER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance or Errors and Omissions Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. B. SERVICE PROVIDER shall require each of its sub - SERVICE PROVIDERS or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER'S expense, the premium thereon. in RFP for Walnut Creek Nature Park Improvements City of Baldwin Park E. Prior to commencement of work under this Agreement, SERVICE PROVIDER shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. SERVICE PROVIDER shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and shall not contribute with it. I. All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY. J. Any deductibles or self - insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses. K. If SERVICE PROVIDER is aLimited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER's liability or as full performance of SERVICE PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 16. MUTUAL COOPERATION A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of SERVICE PROVIDER's services. -7- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park B. In the event any claim or action is brought against CITY relating to SERVICE PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS SERVICE PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours 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. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to SERVICE PROVIDER. SERVICE PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure ofperformance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement. 19. FORCE MAJEURE SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER. 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during SERVICE PROVIDER's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: If to SERVICE PROVIDER: Attn: City of Baldwin Park 14403 E. Pacific Avenue In RFP for Walnut Creek Nature Park Improvements Baldwin Park, California 91706 Telephone: (626) 813 -5251 email: dwallQbaldwinpark.com With a courtesy copy to: Robert N. Tafoya, City Attorney Tafoya & Garcia LLP 316 West 2 "a Street Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 Telephone: email: City of Baldwin Park 21. NON- DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, SERVICE PROVIDER shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT SERVICE PROVIDER shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any parry other than SERVICE PROVIDER. 23. ATTORNEY'S FEES In the event that CITY or SERVICE PROVIDER commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing parry shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDER. SE RFP for Walnut Creek Nature Park Improvements City of Baldwin Park 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. [SIGNATURES TO FOLLOW] -10- RFP for Walnut Creek Nature Park Improvements City of Baldwin Park TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Robert N. Tafoya City Attorney am [insert name and title] [insert name and title- TWO SIGNATURES IF A CORPORATION] -11- RFP for Walnut Creek Nature Park Improvements 1. SCOPE OF SERVICES 707089 -6 A_1 City of Baldwin Park EXHIBIT A RFP for Walnut Creek Nature Park Improvements APPROVED FEE SCHEDULE 707089 -6 B -1 City of Baldwin Park EXHIBIT B EXHIBIT C PROJECT TIMELINE MUITI<I Proposal Evaluation Form Consultant Selection for Walnut Creek Nature Park Improvements Services Firm: Date: LIM Score Range Criteri Evaluation Criteria (Weak - a Comments: Strong) Score Firm Experience 1. Familiarity with the Project. 0-10 2. Experience with Relevant 0-10 Projects. Team Qualifications 3. Staff Assigned to this Project. 0-15 4. Management and Oversight 0-10 Staff Firm's Approach to Project 5. Approach and Quality of 0-25 Proposal Firm's Organization 6. Availability of Backup 0-10 Personnel Firm's Cost & Design Schedule 7. Ability to Meet Timeline 0-20 Total Evaluation Score 0-100 LIM L N (6 �+ C t � v m 4— O Q >' U N N U m c E E O U O U a� 4- O E V— cu Q ,all LL. Y L cu IL N L m Z Y a) U Ys" v V v v v v v v N N C) N O N N N N C) N -Q N L L6 C t0 t0 C t0 LO C LO t0 C G ) O O O U 0 0 0 0 C � D Z Z =3 D Z = Z v d 3 � cn cn cn cn � cn cn cn cn cn co d w w w w w w w w w w w w m .� c o 0 0 0 0 0 0 0 0 0 0 0 3 0 0 LO o 0 0 0 0 0 0 0 0 O E O LO O n t-: O N LO O w O M O M O co N m O O O O 6 r� Q .a M N M f� M M M V' Co M V' M 00 Ni Co O V Co M V' M M V' M M V Co O Ld M O l0 Co l0 ti M m H} fR 6r} ELT 613 EA ER H} ER Qf , 6f ff} O t U Z E LL :' O C7 c 'Ul C O m N Of O O 0 0 C7 C 0) t! U Q w 0) O- U -O J LLJ m Q 0) t0A 00 Q (A 7 U o C L (D Fn 0) Q V a (6 m O _E C O .� N O > (' 7 O CD .N a) () U N Q N L.L -O V -0 J C '0 r- ca m ` L N UO y Q '6 C ; Attachment #3 AGREEMENT FOR PROFESSIONAL SERVICES INSTRUCTIONS FOR USE We recommend that the following items be taken into consideration when using the Standard Form: 1. Start with the Standard Form. Because this Standard Form is intended to be a base document, we have transmitted it to you in a "read only" format, so that changes cannot be inadvertently made to the Standard Form. When using the Standard Form, copy it to a new document and then tailor that form to fit the specific needs of the new agreement. The Standard Form should be the base document from which each new SERVICE PROVIDER services agreement is developed. In other words, start with the Standard Form; do not start from the last version that was modified for a specific agreement that differs from the Standard Form. 2. Scope of Services. Prior to inclusion in the agreement, the Scope of Services must be carefully drafted and thoroughly reviewed to insure that the Scope of Services adequately reflects the services that the City desires. The language contained in the Scope of Services must also be reviewed to insure that all of the language contained in the Scope of Services is consistent with the intent and body of the overall agreement. 3. Compensation. After a SERVICE PROVIDER provides the City with a Fee Schedule to be included as an attachment (as provided in section 1B of the Standard Form), the Fee Schedule must be carefully examined. Prior to inclusion in the agreement, the SERVICE PROVIDER's Fee Schedule must be reviewed and may need to be edited to insure that all of the language contained in the Fee Schedule is consistent with the language and intent of the body of the agreement. Also, if the City would like to limit the total amount of compensation under an agreement, such language should be included in Section 7 of the Standard Form. 4. Applicable Law. The Standard Form incorporates by reference all applicable license and permit requirements and all applicable labor and wage laws, including the living wage policy (Title III, Chapter 8 of the Municipal Code). A copy of Title III, Chapter 8 of the Municipal Code should be provided to the SERVICE PROVIDER. 5. Representatives. In Section 3, the Standard Form provides for the designation of both a City representative and a SERVICE PROVIDER representative. If the City would like to further specify the involvement of particular individuals and penalties if those individuals are changed without City approval, then language to that effect may be added. 6. Indemnification. The Standard Form includes detailed indemnification provisions. The indemnification provisions in Section 14 have been drafted with language that is extremely favorable to the City. The provisions are designed to provide maximum protection to the City. However, it may be appropriate in some cases to modify these provisions. For example, in some cases the type of services to be provided in an agreement do not justify such strong provisions and less restrictive language should be used. In other instances modifications 707089 -6 may need to be made to address the concerns of a particular SERVICE PROVIDER without significantly weakening indemnification provisions. 7. Insurance. The insurance provisions contained in Section 15 may be increased, reduced or even deleted, depending on the nature of the services to be provided. Similarly, not all of the required insurance (commercial general liability, property damage, automotive liability, worker's compensation and professional liability insurance, etc.) is needed in all cases. Any such changes should be made in consultation with the City's risk manager. 8. Termination. In some cases, both parties should have the right to terminate without cause, as provided in Section 18 of the Standard Form. In other cases, only the City should have the right to terminate. 9. General Considerations. As previously mentioned, the Standard Form is designed to provide maximum protection to the City. Like all forms, however, it should never be used blindly, without consideration of its applicability to specific situations. The Standard Form should merely serve as a starting point, before being tailored to a specific situation. 707089 -6 AGREEMENT FOR SERVICES This Agreement is entered into this 6th day of August, 2014 by and between the City of Baldwin Park ( "CITY ") and Restoration Design Group a Limited Liability Corporation ( "SERVICE PROVIDER "). RECITALS A. CITY has determined that it requires the following professional services from a SERVICE PROVIDER: Conceptual Park Planning Designs B. SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows: 1. DEFINITIONS A. "Scope of Services ": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. C. "Commencement Date ": August 6, 2014 D. "Expiration Date ": March 6, 2015 2. SERVICE PROVIDER'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. SERVICE PROVIDER shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. SERVICE PROVIDER shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. -1- PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. Cites presentative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Director of Recreation and Community Services , [insert title or position of City employee representative] (hereinafter the "City Representative "). It shall be SERVICE PROVIDER's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. SERVICE PROVIDER Representative. For the purposes of this Agreement, Bob Birkeland, ASLA, is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal "). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY. 4. SERVICE PROVIDER'S PERSONNEL A. SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. [f (a) subSERVICE PROVIDER/s are /is used then insert Section 4C] C. As provided in Exhibit A, SERVICE PROVIDER may utilize the services of subSERVICE PROVIDERS to undertake specific work tasks. Fees for services provided by subSERVICE PROVIDERs, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. SERVICE PROVIDER shall be responsible for payment of all employees' and subSERVICE PROVIDERS' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. -2- F. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION [f compensation is based on a flat ratel A. CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed Thirty Two Thousand, Nine Hundred and Fifty Dollars ($32,950) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. [f agreement includes a not -to- exceed amount] No claims for compensation in excess of the not -to- exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not -to- exceed amount must be submitted to and approved by the City Representative. [if City reimburses for all or certain expenses in addition to the compensation set forth in 7A above] B. SERVICE PROVIDER shall be entitled to reimbursement only for those expenses expressly set forth in the Approved Fee Schedule. In no event shall expenses exceed the sum of Two Thousand Dollars ($2,000). C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice to CITY for such services. 8. METHOD OF PAYMENT -3- SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back- up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER. 10. TRAVEL REIMBURSEMENT Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER pursuant to this Agreement shall be a reimbursable expense as indicated in the Fee Schedule. 11. INDEPENDENT CONTRACTOR SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SERVICE PROVIDER. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with In SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that SERVICE PROVIDER executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. SERVICE PROVIDER's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. -5- SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall fully comply with the workers' compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. SERVICE PROVIDER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: [The risk for each agreement should be evaluated and the insurance limits should correspond to such risk as determined by the City's Risk Manager and/or the City Attorney] 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance for Errors and Omissions Insurance] with a minimum limit of One Million Dollars ($1,000,000) per occurrence. [include if agreement requires professional liability insurance or if appropriate, errors and omissions insurance] B. SERVICE PROVIDER shall require each of its sub - SERVICE PROVIDERS or sub - contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. 'Fit D. SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, SERVICE PROVIDER shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. SERVICE PROVIDER shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and shall not contribute with it. I. All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY. J. Any deductibles or self - insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses. K. If SERVICE PROVIDER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER's liability or as full performance of SERVICE PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. -7- 16. MUTUAL COOPERATION A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of SERVICE PROVIDER's services. B. In the event any claim or action is brought against CITY relating to SERVICE PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS SERVICE PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours 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. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to SERVICE PROVIDER. SERVICE PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement. 19. FORCE MAJEURE SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER. 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during SERVICE PROVIDER's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: Manuel Carrillo Jr., Director Recreation and Community Services City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, California 91706 Telephone: (626) 813 -5251 email: mcarrillo @baldwinpark.com With a courtesy copy to: Robert N. Tafoya, City Attorney Tafoya & Garcia LLP 316 West 2nd Street Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 If to SERVICE PROVIDER: Telephone: email: 21. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, SERVICE PROVIDER shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT SERVICE PROVIDER shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than SERVICE PROVIDER. 23. ATTORNEY'S FEES In the event that CITY or SERVICE PROVIDER commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this 0 Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDER. 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. -10- TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By: Mayor Bob Birkeland, Principal Landscape ArchiteM ATTEST: By: F( ylcl� Rich Walkling, Business Manager City Clerk APPROVED AS TO FORM: Robert N. Tafoya City Attorney -11- RESTDES -01 HBCT04 CERTIFICATE OF LIABILITY INSURANCE Da 7!/14/2014 14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0564249 CONTACT Heffernan Insurance Brokers 14608 O'Brien Drive Menlo Park, CA 94025 PHONE 1 (650) 842 -5200 INC, No): 1 (650) 842 -5201 AIC No E#: ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Company of America 25674 EACH OCCURRENCE INSURED INSURERS: Continental Casualty Company 20443 INSURERC: Restoration Design Group, LLC INSURER D: 811912014 2612b Eighth Street INSURER E: Berkeley, CA 94710 INSURER F: COVERAGES CERTIFICATE NUMBER: I REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR IN SR MID POLICYNUMSER POLICY EFF MMIDO POLICY EXP MMIDD LIMITS GENERA-LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 660- 3132L001 811912013 811912014 PREMISES Ea oc -'on- $ 1,000,000 CLAIMS -MADE OCCUR MED EXP(Any one person) $ 10,00 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAis $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea amd.rtl BODILY INJURY (Per Person) $ ANY AUTO ALL OWNED SCHEDULED AOS AUT OS UT BODILY INJURY (Per acdtlent) 5 NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accklent $ b UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVEY� UB - 7622Y52-3-13 11/5/2013 11/5/2014 X WCSTATU- OTI- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA E. L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, tlescnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 B Professional EEH 276153278 8/14/2013 8/14/2014 Per Claim 1,000,000 B Liability EEH 276153278 8/1412013 8/14/2014 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Walnut Creek Nature Park Improvements. City of Baldwin Park, its elected officials, officers, authorized agents, employees, attorneys, servants, volunteers, successors and assigns are named as additional insured on General Liability policy if required by written contract per attached endorsement. CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Baldwin Park THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Monica Killen ACCORDANCE WITH THE POLICY PROVISIONS. 14403 E. Pacific Ave. AUTHORRED REPRESENTATIVE Baldwin Park, CA 91706 L'Y V ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury', "property damage" or "personal injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage occurs, or the "personal injury' offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Cl CW A01 1011 This certificate is issued for inforational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91706 -4226 Named Insured: RESTORATION DESIGN GROUP LLC 2612 B 8TH STREET BERKELEY CA 94703 Automobile Liability Insurer Name: Allstate Insurance Company Poll Number. 048713260 1 -Any Auto 2 - Owned Autos Only 3 - Owned Priv. Pass. Autos Only 4 - Owned Autos Other Than Priv. Pass. Autos Only 5 - Owned Autos Subject to No Fault 6 - Owned Autos Subject to a Compulsory UM Law X 7 -Specific all Described Autos X 8 - Hired Autos Only 9 - Nonowned Autos Only Policy Effective Date: 03 -25 -2014 1 Policy Expiration Date: 03 -25 -2015 Limits of $ 1,000,000 Combined Single Limit (each accident) Insurance: BI Per Person BI Per Accident PD Per Accident Description of Operations / Locations /Vehicles /Endorsements /Special Provisions ATTN: MONICA KILLEN Interested Pa T : CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITHADDffIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURE D ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation In the event of cancellation of any policydescdbed above, the insurerwill attempt to mail 0 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose any duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. Producer. TYLER JOHNSON Authorized Representative: Date: Includes copyrighted material of Insurance Services Office, Inc., with its permission Cl CW A01 1011 Allstate Insurance Company Page 1 of 1 Cerfi We cosy EXHIBIT A SCOPE OF SERVICES 707089 -6 A -1 Hardscape Improvements • Walking Trail Comprised of Decomposed Granite • Vandal Resistant Security Lighting • New Fencing and Security Gate • Updated Playground Elements or Structure • ADA Improvements to Pedestrian Bridge • Decorative Theme Fencing Connecting to San Gabriel River • Bikeway Path with Entry Enhancements • Interpretative Signage Along the Walking Trail with Educational Components • A Gateway Element at the Regional Trailhead • Enhance Existing Drainage Swale in the Park • Other Low Maintenance, Vandal Resistant Monitoring Technology Landscape Improvements • Re- Establish Landscaped Areas throughout the Park • Additional Native Drought Tolerant Plants Milestone A — Pre - Design Meeting Tasks: • Kick -off meeting with City Staff (discuss scope, budget details, and ?.. ^.T l O schedule) • On -Site Review Deliverables BERKELEY • Meeting attendance 26126 8th Street • Meeting notes Berkeley California 94710 510.644.2798 Milestone B — Public Input Process Tasks: MOUNT SHASTA • Prepare a Preliminary Conceptual Master Plan P.O. Box 223 • Structural Assessment of Observation Structure Mount Shasta Coordinate and Hold at two Public Input Meetings for Stakeholders California 96067 P g i 530.918.81 19 Residents, and Interested Parties RestorationDesignG roup.com WALNUT CREEK NATURE PARK: SCOPE OF SERVICES The City desires to engage Restoration Design Group to design a Master 7 111 Conceptual Site Plan for the rehabilitation of Walnut Creek Nature Park. Due to the present conditions at the park, the City desires to renovate the park using a nature park design and also incorporate new gateway elements that connect the park to Walnut Creek Wash bikeway (yet to be built) and hence to the Emerald Necklace and the San Gabriel River Commuter Bikeway Project. The City is also open to renovating the park with a themed or creative nature park design to reintroduce the park to the community. Such design elements might include the following: Hardscape Improvements • Walking Trail Comprised of Decomposed Granite • Vandal Resistant Security Lighting • New Fencing and Security Gate • Updated Playground Elements or Structure • ADA Improvements to Pedestrian Bridge • Decorative Theme Fencing Connecting to San Gabriel River • Bikeway Path with Entry Enhancements • Interpretative Signage Along the Walking Trail with Educational Components • A Gateway Element at the Regional Trailhead • Enhance Existing Drainage Swale in the Park • Other Low Maintenance, Vandal Resistant Monitoring Technology Landscape Improvements • Re- Establish Landscaped Areas throughout the Park • Additional Native Drought Tolerant Plants Milestone A — Pre - Design Meeting Tasks: • Kick -off meeting with City Staff (discuss scope, budget details, and ?.. ^.T l O schedule) • On -Site Review Deliverables BERKELEY • Meeting attendance 26126 8th Street • Meeting notes Berkeley California 94710 510.644.2798 Milestone B — Public Input Process Tasks: MOUNT SHASTA • Prepare a Preliminary Conceptual Master Plan P.O. Box 223 • Structural Assessment of Observation Structure Mount Shasta Coordinate and Hold at two Public Input Meetings for Stakeholders California 96067 P g i 530.918.81 19 Residents, and Interested Parties RestorationDesignG roup.com Hold an Information Gathering Meeting with the Recreation and Community Services Commission Prepare a Conceptual Master Plan Hold a Meeting with City Staff to Review Findings of Public Input Process and the Conceptual Master Plan Deliverables: • Meeting attendance • Meeting notes • Two Colored Preliminary Conceptual Master Plan Site Plans for Community Meeting (24 "x36 ") • Structural Assessment Memo • Conceptual Site Plans for City Staff Review Milestone C — Conceptual Design Layout Tasks: • Prepare and display a Refined Conceptual Master Plan reflecting direction of the community and City staff • Hold a meeting with the City staff to discuss the final concept design Deliverables: • Meeting attendance • Meeting notes • Detailed Estimated Costs for Construction Milestone D - Finalize Design Tasks: • Prepare and Final Conceptual Master Plan • Submit the Final Conceptual Master Plan to the City for review • Presentation to the City Council Deliverables: One Refined Conceptual Master Plan- Color (24" x 36 ") Final Conceptual Master Plan Site Plans for Presentation to City Council to Review and Approve =:'VALNUT CREEK NATURE PARK iMPROVEMENTS / SCOPE OF SERVICES 14 Juw 2014 2 EXHIBIT B APPROVED FEE SCHEDULE 707089 -6 B -1 Walnut Creek Nature Park: Approved Fee Schedule MilestonefTasks RDG Team Staff Hours Rate Fee Kickoff Meeting with City Staff BE / Principal 4 $130 $520 On-Site Review Landscape Architect BB /Principal 4 $130 $520 On -Site Review Structural Engineer KH / Structural 3 $150 $1,200 Overlook Structural Assessment Memo KH /Structural 16 $150 $2,400 Subtotals (A) 32 S4,640 MEN Prepare Preliminary Conceptual Master Plan BE / Principal 24 $130 $3,120 PR /Associate 12 $105 $1,260 Coordinate the First Public Input Meeting for Stakeholders, Residents, and Interested Parties BB / Principal 10 $130 $1,300 RW /Planner 10 $120 $1,200 Hold an Information Gathering Meeting with the Recreation and Community Services Commission BB / Principal 10 $130 $1,300 RW /Planner 10 $120 $1,200 Coordinate a Second Public Input Meeting for Stakeholders, Residents, and Interested Parties BB / Principal 10 $130 $1,300 RW /Planner 10 $120 $1,200 Prepare a Conceptual Master Plan BB / Principal 24 $130 $3,120 PR /Associate 16 $105 $1,650 Hold a Meeting with City Staff to Review Findings of Public Input Process and the Conceptual Master Plan BB I Principal 10 $130 $1,300 Subtotals (B) 146 $17,980 Prepare and display a Refined Conceptual Master Plan reflecting direction of the Community and City Staff BB/Principal - 16 $130 $2,030 PR / Associate 3 $105 $840 Hold a Meeting with City Staff on Conceptual Desi BB Principal 30 $130 $1,300 Subtotals (C) 34 $4,220 Prepare a Final Conceptual Master Plan BB / Principal 12 $130 $1,560 PR /Associate 24 $105 $2,520 Submit Final Conce foal Master Plan to Citv for Review BB /Principal 4 $130 $520 PR /Associate 2 $105 $210 Present Final Conceptual Master Plan to City Council BB / Principal 10 $130 $1,300 Subtotals (D) 52 $6110 SUBTOTAL HOURLY FEE $32,950 REIMBUASABLES $2,000 Re roduction, Delive , Trans ortation I RDG Team Staff Abbreviations: BB = Bob Birkeland, Principal Landscape Ardtlted RW =Rich Walkling, Environmental Planner PR =Peter Rolum, Associate Landscape Architect KH = Kenneth R. Hughes, Structural Engineer EXHIBIT C PROJECT TIMELINE 707089 -6 C -1 Walnut Creek Nature Park: Project Timeline Milestone/Tasks Milestone Dates 2014 -15 Kick -off Meeting with Ci Staff Mid-August On -Site Review Landscape Architect Mid- August On-Site Review Structmal Engineer Mid - August Overlook Structural Assessment Memo September Subtotals (A) Prepare Preliminary Conceptual Master Plan Earl Se temb er Coordinate the First Public Input Meeting for Stakeholders, Residents, and Interested Parties Mid-September Hold an Information Gathering Meeting with the Re¢eation and Community Services Commission Mid - September Coordinate a Second Public Input Meeting for Stakeholders, Residents, and Interested Parties November Hold a Meeting with City Staff to Review Findings of Public Input Process and the Conceptual Master Plan November Prepare a Conceptual Master Plan November Subtotals (B) Prepare and display a Refined Conceptual Master Plan reflecting direction of the Community mid City Staff November Hold a Meeting with City Staff on Conceptual Design December Subtotals (C) Prepare a Final Conceptual Master Plan December Submit Final Conce wah Master PIan to Citv fox Review anuary Present Final Conceptual Master Plan to City Council Tanuaz ..�.� OT Walnut Creek Nature Park Improvements CITY OF BALDWIN PARK, CA Restoration Design Group 2612 8th Street, Suite B Berkeley, CA 44710 June 5, 2014 RE: Walnut Creek Nature Park Improvements Proposal Dear Mr. Carrillo: Restoration Design Group's landscape architectural practice takes us throughout the state with particular emphasis on the greater Los Angeles area. Over the past 10 years we have acquired a keen understanding and appreciation of the region's environment and culture through a series of natural park restoration projects, including Johnny Carson Park in Burbank, Long Beach's El Dorado Nature Center, and just upstream at the Walnut Creek Wilderness Park in San Dimas. Though we have not had the pleasure of working in Baldwin Park, we are excited about engaging with you and the Walnut Creek Nature Park community and stakeholders to bring back the nature in Walnut Creek Nature Park. Our firm specializes in small to mid -size open space restoration projects in urban areas. Walnut Creek Nature Park is ideally suited to our skill set and our small firm approach. We provide principal level involvement on all of our projects and you will see me personally at all meetings and presentation. RDG doesn't pursue small parks project like Walnut Creek Nature Park as a sideline, your park, its scale, setting, program, and goals is the central focus of our landscape architecture and restoration practice. I hope through this presentation of our approach and experience your interest in RDG will be piqued and we will have an opportunity to introduce ourselves to you and your colleagues and to the City of Baldwin Park. We hope that you find RESTORATION this proposal in order. If you require any additional information, please let us DESIGN know. I can be reached at 510.644.2798 x4# or bob @rdgmail.com. GROUP, LLC We look forward to your decision. BERKELEY 26128 8th Street Sincerely, Berkeley California 94710 510.644 . 2798 TW% MOUNT SHASTA Bob Birkeland P.O. Box 223 Mount Shasta Principal Landscape Architect California 96067 530.918.81 19 Re mration Des ignGro ,p m Restoration Design Group, LLC - m 2612 8th Street, Suite B { Berkeley, CA 94710 (p) 510.644.2798 (f) 510.644.2799 Since its founding in 2003, the Restoration Design Group has maintained a broad practice in restoration and landscape architecture, emphasizing: • Nature Park Planning and Design • Urban and Wildland Trail Design • Restoration Design and Engineering • Restoration Management Plans • Technical Training and Workshops • Public Participation Facilitation • Agency Coordination and Project Permitting The Restoration Design Group (RDG) is a limited liability corporation that consists of a principal, three landscape architects, and one planner. RDG will partner with Kenneth Hughes, a structural engineer who is based in Lafayette, CA. Work will be performed primarily in RDG's main office in Berkeley, California. RDG has many projects in southern California and some of the work will be completed locally while working on the Walnut Creek Nature Park project or others in the area. Quality control is guided by RDG Principal Landscape Architect Bob Birkeland. All project materials are reviewed by him before being delivered to the client or other outside sources. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design SJuNe201 Group, LLC 2 z RDG's general approach is to first understand the site through site visits and interaction with both the City of Baldwin Park and the community that uses (or may begin to use) Walnut Creek Nature Park. Critical to our understanding will be the park history, what currently works about the park and what does not work about the park. We want to know who uses it and under what conditions, and who does not use it and why not? Designing for specific user groups (e.g., bikers, commuters, bird watchers) is a fairly straight- forward assignment. Designing a park for its neighbors is a more nebulous task given the diversity of local interests. RDG will use input from the City and from two proposed workshops /community meetings to better understand the community needs and how the park re- design can increase park use, improve public health, and reduce vandalism. RDG proposes a small team guided by its Principal Landscape Architect. The Principal Landscape Architect will serve as the primary point of contact between the City, RDG staff, and its subconsultants. The specific scope of work will follow the scope described in the RFP. Our task breakdown and cost proposal are included in 5. Proposed Task Breakdown. Following an informal site visit in May, RDG generated a number of questions and ideas. Some of these are represented in the figure below. This figure would guide the initial conversation with the City to help RDG understand the history, opportunities, constraints, and desires of the local community and various park user groups. In the introduction to the RFP, the City of Baldwin Park listed a number of characteristics it sought in a design firm. These can serve as surrogates for project objectives. We have used these characteristics /objectives below to highlight our approach to the Walnut Creek Nature Park redesign and some of our firm history. Experience in Vandal Prone Areas and New Alternatives to Reducing Vandalism Our site visit to Walnut Creek Nature Park revealed a park that had experienced vandalism but also a City that was vigilant about addressing graffiti. We noted areas that had been painted over presumably by City staff but we did not see a single tag of exposed graffiti. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G SJuNe 2014 roup, LLC 3 Rocks and waste receptacles at Walnut Creek Nature Park showed evidence of past graffiti but also a diligent response from the City Vandal resistance is both a key project goal and challenge in urban open space settings. RDG is familiar with the issues surrounding vandalism from graffiti to copper wire theft. Practicing solely in the public realm, often in inner city environments, we address vandalism in all of our projects. Specifically we have used: secured junction boxes, elevated pole hand holes, sealed light pole bases, video surveillance, loop irrigation wiring, and after- market valve box locks to harden our client's sites. We have also explored the use of solar light fixtures in high theft and vandal prone areas. We have experimented in interpretive design elements that resist or discourage vandalism. Interpretive features designed by local school children (left) discourage tagging while porcelain enamel graphic panels (right) simplify graffiti clean up We understand Crime Prevention through Environmental Design (CPTED) principles and practices and implement them in our work. Maximizing park use and the duration of park use through programming, designing and maintaining open, clear views across the park, eliminating defensible spaces and hidden area, and appropriate lighting are some of the elements we have considered. Using simple, bold forms and furnishings what can stand rough urban use is also critical. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design 5 JUNE 2014 Group, LLC 4 Transformative Design Work in Parks At Codornices Creek, RDG's designs transformed a fenced off ditch into a vibrant nature play area and restored creek After 30 years of the current design, the City of Baldwin Park wishes to re- introduce the park to the community with a transformative design. RDG strives to integrate nature and public access within a bold, durable framework which holds up to repeated visits and facilitates successful long -term maintenance. Legibility is a hallmarks of RDG designs. We strive for clearly articulated spaces which visitors readily understand. We build our designs to support wayfinding so directional and interpretive signage can be minimized. RDG will begin by listening to the City and community to understand what is wanted at Walnut Creek Nature Park. Armed with this information, it will apply its history and experience re- designing public spaces to produce a transformative park. "Form ever follows function" by Louis Sullivan in 1894 was picked up as a modernist design call from the 1930's through to today. In the 1960's the result of this approach was often too functional, but today high quality, durable design, as the City suggests in the RFP, blends function and aesthetics (form). RDG aspires to this goal and strives to reduce ornamentation and rely on bold, legible designs which build a frame, typically of public access features within which a native restoration or open space setting can reside. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS I PROPOSAL Design G SJuNe 2014 roup, LLC 6 RDG creates refined spaces in simple forms. We try to avoid ornamentation which can become dated or suffer from vandalism or neglect. When done successfully this approach leads to well -loved and low maintenance settings that neighborhoods take ownership of and steward along with parks departments. Many of our natural park projects require RDG to insert new design elements — creek restorations, bikeways, restrooms, active play areas - into established parks with both ornamental and native plant palettes. Our approach to Walnut Creek Nature Park will be transformative but simple and clean. Native Plant Knowledge /Restoration for Habitat and Species /Irrigation RDG's practice revolves around native plant communities, ecosystems, and the restoration of natural open space settings and habitat. We view native plants as the key means to establishing beneficial habitat value in our projects. We work throughout California, including the Los Angeles area. Our familiarity with the native plants of the Los Angeles area and their use in tough urban settings has supported several RDG projects in Southern California. Utilizing native plants, appropriate, efficient drip and bubbler irrigation systems, compost, and mulch are all integrated into RDG's native habitat planting approach. Understanding how these features function in highly -used urban spaces is critical to successful design. In urban settings, it's important to appreciate the distinction between canopy layers of native vegetation. The upper canopy in Walnut Creek Nature Park are sycamores and cottonwoods that attract birds from the Walnut Creek Wash. Though some are ailing, they are critically important to the region's bird populations. It is simple and desirable to plant new native trees to replace these older trees and to interact ecologically with the wash. Native middle canopies (shrubs and bushes) in urban settings are also fairly straight forward to establish and maintain. They not only serve as refuge for wildlife but can also enhance and delineate between use areas in a park. Native groundcover is the most difficult to establish and maintain. It has many non -native competitors, specific water - regime requirements, and isn't always compatible with desired park uses. The key to groundcover is to identify habitat goals that vary by park area and to select plants that best match park use, maintenance, and ecological goals. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design Group, LLC 5 JUNE 2014 7 RDG has extensive experience with diverse inner -city communities that are often Infiltration of Stormwater for Groundwater Recharge Volunteers gather to build an RDG- designed bioswale in Richmond Infiltration of groundwater is part and parcel of our work associated with water districts and flood control districts. We understand the processes, methods, and permitting implications. In our work with water and flood districts, water is the critical resource. It's often mandated to keep it on -site and infiltrate it back into the system. Whether through RDG's bioswale and rain garden projects, our creek restorations along flood control channels, or in our parks work, we've now seen infiltration come to the fore. Our experience sizing, modeling, and designing infiltration features will inform our layout and grading of the Walnut Creek Nature Park. under served by parks and public amenities. Our work tries to rectify the lack of environmental justice these communities are subjected to. We have facilitated many complete public processes for native park restorations or partial restorations to existing parks. Universally these settings are in established Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS I PROPOSAL Design SJuNe 2014 Group, LLC 8 neighborhoods with stakeholder groups and often long standing issues with public safety and park maintenance and access. RDG is keenly sensitive to the variations in the way that different communities communicate, share ideas, plan, and play. We design public planning processes that stimulate the most input from the target communities. Details such as meeting time, layout of the discussion space, setting (indoors or outdoors), and agenda design all impact the quality of feedback. RDG has worked on a broad range of planning processes from a dozen people discussing a half -acre site to hundreds of people planning a highly popular mountain top. RDG's key staff have also worked on large -scale international planning processes with formal interpretation and small watershed planning processes in California that included whisper translation. RDG will work with the City of Baldwin Park to plan and implement two community meetings. The City best knows its target audience and what works well to solicit input. RDG recommends at least one meeting on site. A second could include any number of planning "games' from a design charrette to using play money to value different park features. WE have a board and effective tool box of outreach strategies to apply to the Walnut Creek Nature Park. Safety and Sustainability Safety in city parks is a paramount concern. Without it, the park will be under used or un -used and the design, however clever, will fail along with the setting. Safety really comes down to visitor interest —the more interest, the safer the park. This is the key challenge we see for the restoration of Walnut Creek Nature Park. We can fence, gate, light, and surveil but we won't achieve safety unless the park is well loved and used. How to get there is not just through great design. It requires getting buy -in from the neighborhood and Baldwin Park's Recreation and Community Services staff from top to the bottom. Ultimately the park has to serve the local residents and through its design and programming, draw in all residents young and old to play, walk, recreate and relax. Good landscape architecture and restoration is the epitome of sustainability. To reach this goal requires consultants to be cleaver thinkers, excellent - thoughtful designers, and great listeners. RDG listens to cities and their constituents and translates their aspirations into feasible and durable designs. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G SJUNe 2014 roup, LLC 9 Educational and Interpretive RDG views all of its projects as an opportunity to engage and educate Education and interpretation are often best served when site design brings the inherent beauty and significance of a site to light. By integrating circulation with the natural setting and native plants and by allowing an interaction between the active play area and the dry stream bed, users of all ages are put in touch with the precious extant natural world around their community. Through this contact they learn directly about the natural world in a way no sign can create. Site specific educational, and interpretive elements can be integrated into the setting and then supported by more traditional signage elements. Reducing signage does double duty by minimizing vandalism. RDG will recommend educational and interpretive features where appropriate including updates to the existing "riparian' and "washes' signs at the overlook. Saddleback Park integrates local granite boulders into a play amphitheater and accessible ramps while adjacent alder woods and wetland seep encourage nature exploration The request for the existing play structure to be evaluated for enhancement brings forward an opportunity to look at play in Walnut Creek Nature Park through a new lens. With minimal effort the formal play environment could be redesigned to blend into and utilize the natural park setting, and specifically the dry stream bed. Boulders and logs could be used to span both the natural creek bed and a new nature -play setting. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design SJUNe 2014 Group, LLC 10 Developing active play (for both youth and adults) may be the key to success at Walnut Creek Nature Park. If the City can bring in the children and their parents and empty nesting neighbors to collectively embrace the new park it will be a success. The park's size may allow for the inclusion of some areas of active play alongside the contemplative uses more typically associated with a nature park. Bicycle- Pedestrian Facilities Connected to San Gabriel River Bike Path /Emerald Necklace/Walnut Creek Wash Trail Bike and pedestrian activity in and around Walnut Creek Nature Park may be the most important element of "active play' for the park. It may also be the element which most successfully brings activity, neighborhood life, and the consequent safety to the park. The future trail along the Walnut Creek Wash and its connections to the San Gabriel River Bike Path and Emerald Necklace may draw the greatest number of park users. Making the appropriate connections between these trails, Walnut Creek Nature Park could actually become a well - used trailhead. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design Group, LLC SJUNe 20I I RDG designs compelling gateways that announce one's arrival into a new space and experience A compelling gateway is critical to the park's interface with the bike trail. It announces a transition of space and activity and invites users into the park. RDG has designed many gateways. RDG's landscape architects have worked on gateways at many scales from the Salt Lake City Winter Olympics to the 700 -acre Fernandez Ranch to the Baxter Creek Gateway. Though the scales and budgets may vary, common principals guiding gateway design run through all the projects. Whether through explicit signs or a subtle change in the landscape, a gateway must signal a transition to the park user and genuinely reflect the qualities of what lies beyond the entrance. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design SJuNe 201 Group,LLC 12 2 3. STAFFING PLANS Organization Chart Is 'ITYO SALDW ,. Bob Birkeland, ASLA, will serve as the project manager and primary point of contact between project staff and the City of Baldwin Park. Bob Birkeland will manage two key staff and one consultant (described below). RDG's Principal and Restoration Director will also be available as back up staff if necessary. Bob Birkeland, ASLA Bob Birkeland (right) describes access and restoration plans for the summit of Mount Umunhum to a member of the public Bob Birkeland has assembled a portfolio of significant, award - winning landscape architectural projects from across the Western United States. For over twenty - five years, he has led the design of a broad range of civic and natural design projects: parks, nature centers, campuses, streets, trails, and restoration projects. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G SJuNE 2014 roup,LLC 13 Bob has served as the lead designer and project manager for nature parks at Headwaters Corners Nature Center in Calabasas, at the El Dorado Nature Center in Long Beach, at the Oakland Zoo and at Dimond Park in the City of Oakland, and trails projects in the Walnut Creek Wilderness Park in San Dimas. He is currently the designer /project manager for the Miraflores community greenway and creek restoration project in Richmond, California. Bob is a licensed landscape architect who brings years of experience designing nature parks for diverse communities in urban settings. Bob is expected to commit 15 -20% of his time to this project and is available for additional time if necessary to complete the project and meet the schedule. Rich Walkling, MLA Rich Walkling explains a rain garden that RDG designed to students at Bayview Elementary School in San Pablo Rich Walkling will assist Bob and the City in the design and implementation of the public input process. Rich brings fifteen years of community engagement experience from places as diverse as as San Pablo, CA (57% Latino), Richmond, CA (40% Latino, 26% African- American), Hercules, CA (46% Asian), as well as the Great Lakes basin and southern Africa. In designing public processes around park improvements, Rich is sensitive to the nuances of how of each community communicates, shares information, plans, and celebrates. Rich believes in inviting communities in, ensuring that they are comfortable and provided a safe space to express themselves, and talking to them where and how they talk. Rich has led RDG's community input process for Davis Park in San Pablo, the North Richmond Shoreline Community Vision, and the Rodeo and Refugio Watershed Vision Plans. Rich is expected to commit 5 -10% of his time to this project and is available for additional time if necessary to complete the project and meet the schedule. Peter Rohan Associate Landscape Architect Peter Rohan will assist in the creation of the design documents for the Walnut Creek Nature Park project. Peter has ten years experience in landscape Reston tion WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G sJuNE 2014 roup,LLC 14 construction and ten years experience in landscape architectural design. His expertise focuses on developing efficient, clear, and concise documents. He is an expert in landscape construction, and in identifying solutions to unforeseen challenges. Peter is a trained and certified in the use of native plants for landscape projects. Peter is expected to commit 5 -10% of his time to this project and is available for additional time if necessary to complete the project and meet the schedule. Kenneth R. Hughes Independent Structural Engineer Kenneth R. Hughes will conduct a structural assessment of the overlook structure at Walnut Creek Nature Park. RDG has worked closely with Kenneth on many projects and continues to work with him due to his diligence, cost- effectiveness, and efficiency. Kenneth established his consulting structural engineering firm in 1956. His firms design philosophy includes utilizing state of the art construction techniques and materials, while emphasizing practical, simple and economical methods of construction. His firm has been responsible for the structural design of a wide variety of construction projects including: • Commercial and industrial buildings, one or two stories, involving wood framing, structural steel, masonry and tilt -up concrete construction • Small bridges, foundation structures and retaining walls utilizing a variety of structural systems and materials • Industrial facilities for both private and government usage, typically involving heavy concrete foundation and retaining wall construction • Strengthening of existing concrete, masonry and wood framed buildings Mr. Hughes is committed to working closely with clients from the early stages of design through construction. He considers his early involvement critical to insure that the design is sensitive to the economic constraints of the project yet uncompromising in basic structural integrity. Resumes of all key staff are included in Attachment 1— Resumes. The labor and task cost distribution table is included in 5. Proposed Task Breakdown. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design SJuNE 20 Group, LLC is IS RDG has prepared master plans, designs, construction documents, and administered construction on a variety of public projects focused on natural systems, habitat and public access and play including: Nature Parks RDG landscape architects have been involved in a series of public park designs at various scales. Notably, they have created traditional and non - traditional play environments which embrace nature play concepts, blurring the edges between playground and natural habitat. Bringing people into nature through familiar settings such as pathways, playgrounds, boardwalks, and outdoor classrooms is a hallmark of RDG's park design practice. Nature Centers RDG has provided landscape architectural services at many nature centers including Ogden Nature Center, Headwaters Corner, El Dorado Nature Center, and the Oakland Zoo's Environmental Education Center LID Projects RDG has completed low impact development projects from rain gardens to bioswales and extensive creek restorations in urban parkland and trails settings. We understand the aesthetic, technical, and permitting coordination necessary to ensure successful LID project implementation. Restoration This is the focus of RDG's practice. Restoration project sites range from inner- city interventions to urban-rural interface habitat restorations. All involve balancing restoration goals with appropriate and carefully articulated public access. Trails RDG has completed series of large and small trails projects in both urban and rural settings. We are experts in both paved bikeways and soft surfaced trails through sensitive habitats. Our projects have involved making critical connections between our project sites, local neighborhoods, and to regional trail corridors. RDG's trails practice has completed trailheads, soft and paved trails, boardwalks, bridges, public gathering areas, and interpretive and directional signage. In the pages below, we offer select project descriptions and references that highlight RDG's experience in areas relevant to Walnut Creek Nature Park. Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G SJuNe 2014 roup, LLC 16 RESTORATION DESIGN GROUP ARIZ. EL DORADO NATURE CENTER LONG BEACH, CALIFORNIA Restoration Design Group led a public outreach and design process to restore a degraded, constructed stream at the El Dorado Nature Center — a 100 -acre environmental education center operated by the City of Long Beach. RDG designed a creek and trail experience at the Center that enhanced interaction with the creek, both allowing for more physical and visual access and limiting impacts to restored habitat. CLIENT City of Long Beach, 7550 E Spring St Long Beach, CA 90815 Sharon Gates, Sharon Gates, Planning and Development Bureau Analys4 562.570.3124 �9p 5" 5scrro.+c. � i , :n,24� zaY RESTORATION DESIGN GROUP HEADWATERS CORNER INTERPRETIVE CENTER CALABASAS, CALIFORNIA Headwaters Corner is a 12 -acre historic homestead and headquarters of the Mountains Restoration Trust. The site is at the headwaters of the Los Angeles River and is the gateway to the Santa Monica Mountains National Recreation Area. RDG updated the master plan for the site and produced site plans and vignettes to communicate the vision. RDG's master plan provides a framework for future restoration and development of the property, including stream restoration, cultural and educational activities, and ADA accessibility. CLIENT Mountains Restoration Trust, 3815 Old Topanga Canyon Rd, Calabasas, CA 91302 Debbie Sharpton, Executive Director, 818.591.1701 I i �a RESTORATION DES;GN GROUP n`, BALLONA GREENWAY MASTER PLAN LOS ANGELES, CALIFORNIA Ballona Creek flows through western Los Angeles between the Hollywood Hills and the Santa Monica Bay. What was once a dense network of active creek channels and wetlands is now an 8.5 mile flood control channel surrounded by city. Local governments and community groups have advocated for improving the trail network and enhancing habitat in this urban watershed. On behalf of the Santa Monica Bay Restoration Foundation, RDG drafted the Ballona Creek Greenway Plan. Based on community input, RUG generated concept designs, cost estimates, and hydraulic modeling for multiple sites in the watershed. The Ballona Creek Greenway Plan articulates a comprehensive and realistic approach to improving public access, remediating stormwater, and restoring habitat in Los Angeles' dense urban core. The plan was awarded a 2011 Westside Prize (Honor), the highest award given by the Westside Urban Forum. CLIENT Santa Monica Bay Restoration Foundation, I LMU Drive, Pereira Annex MS:8160, Los Angeles, CA 90045 Sean Bergquist, 213.576.6645 RESTORATION DESIGN GROUP I WA ARROYOVIEJO CREEK/ KNOWLAND PARK OAKLAND, CALIFORNIA Arroyo Viejo Creek runs through Knowland Park at the Oakland Zoo. RDG designed a nature park and environmental education program to transform a degraded creek and failing hillslope into an outdoor learning center. RDG designed creek access points for students to experience the creek directly. From the remnants of felled eucalyptus, RDG created four outdoor classroom council rings for teachers and students to learn about watersheds. The adjacent Oakland Zoo Environmental Education Center uses the site as a part of their youth education program. CLIENT City or Oakland Public Works Agency, 250 Frank H Ogawa Plaza, Ste 4314, Oakland, CA 94612 Kristin Hathaway Watershed Program Specialist, 510.238.7571 ,ate RESTORATION DESIGN GROUP KOTTINGER CREEK PARK IMPROVEMENTS PLEASANTON, CALIFORNIA At Kottinger Creek Park, RDG converted a traditional turf -grass park into a nature park that reflected the aesthetic and security values of the surrounding suburban neighborhood. Through a series of community meetings, RDG crafted a consensus design approach that maintained sight lines, provided creek access, and converted what was essentially a grass -lined ditch into a thriving stream and floodplain ecosystem. Small foot bridges replaced culverts and songbirds returned to inhabit the restored floodplain. As a result, Kottinger Creek Park has become a valued neighborhood amenity and frequent destination for school field trips. To ensure that the project continued to meet the aesthetic and restoration values of the community, RDG prepared a Management & Maintenance Guide for city staff, volunteers, and contractors. CLIENT Pleasanton Department of Public Works, 200 Old Bernal Avenue, Pleasanton, CA 94566 Jim Kelcourse, Senior Civil Engineer, 925.93 1. 5676 RESTORATION DESIGN GROUP t BAXTER CREEK GATEWAY EL CERRITO, CALIFORNIA El Cerrito's northern entry was converted from a derelict rail yard into an extension of the popular Ohlone Greenway The restoration of Baxter Creek created riparian habitat and an outdoor laboratory; a civic park welcomes visitors to the Greenway. Gathering spaces anchor the site, and offer access to the creek, while interpretive programming tells the story of this community restoration project. RESTORATION DESIGN GROUP t j WILDCAT CREEK RESTORATION AT DAVIS PARK SAN PABLO, CALIFORNIA Wildcat Creek flows from the East Bay Hills, through the cities of Richmond and San Pablo, and into San Pablo Bay. A 500 foot -long culvert in Davis Park in San Pablo was both a public nuissance that attracted anti- social behavior and a fish barrier. Restoration Design Group designed the culvert removal, creek restoration, and regional trail to improve habitat and water quality, and to enhance the park setting. To accommodate the new creek channel, RDG re- designed other park features including the baseball field, soccer field, ball field lighting, and a pedestrian bridge. CLIENT City of San Pablo, 13831 San Pablo Ave., San Pablo, CA 94806 Scott Christie, Engineering Services Manager, 510.215.3061 T RESTORATION DESIGN GROUP Tom,` u RICHMOND GREENWAY BIOSWALE RICHMOND, CALIFORNIA The Richmond Greenway Bioswale project is a community- based, water quality and urban greening collaboration. The goal was to demonstrate that greenways can comprehensively embrace green infrastructure. The bioswale encompasses alternative transportation, urban forestry, demonstration gardens, and natural storm water management. The original site, a weedy ditch along the Greenway, conveyed untreated storm water to San Francisco Bay. Using specialized soils, open swale grading, and native riparian plants, the bioswale has become an exemplary community greening demonstration site. Storm water is now treated before entering the Bay and the bioswale functions as a educational tool for adjacent Lincoln Elementary School, The Watershed Project's programs, and the community at- large. Through an interpretive program, the bioswale introduces visitors to the opportunities and advantages of green infrastructure. CLIENT The Watershed Project, 1327 South 46th Street Richmond, CA 94804 Linda Hunter, Executive Director, 510.665.3430 3 NORTH RICHMOND SHORELINEVISION PLAN RICHMOND, CALIFORNIA The North Richmond Shoreline includes the largest tidal marsh in the East Bay north of Fremont, 900 acres of mudflats, and over half of all the eelgrass in the San Francisco Bay Estuary. Until recently, the North Richmond Shoreline has been a neglected reach of San Francisco Bay, languishing in the shadow of heavy industry and intense urban development. On behalf of a team of community and environmental organizations, Restoration Design Group organized and facilitated community tours and design charrettes that resulted in a conservation vision plan for the North Richmond Shoreline. The North Richmond Shoreline Community Vision documented the local community's desire for public access, habitat restoration, and recreational opportunities on the shoreline. The community vision has influenced city and regional planning efforts and helped to catalyze stewardship and advocacy for this forgotten shoreline. CLIENT Natural Heritage Institute, 100 Pine St., Suite 1550, San Francisco, CA 94111 Carson Cox, Restoration Ecologis4415.693.3000 AXA RESTORATION DESIGN GROUP' ._ MIRAFLORES COMMUNITY GREENBELT RICHMOND, CALIFORNIA RDG developed designs for a natural park and creek daylighting on Baxter Creek in Richmond, California. RDG's project designs will daylight 750 feet of creek, improve flood storage, enhance ecological function, and provide public access at an urban redevelopment site. The design includes a trail network that activates both sides of the creek to improve public safety, a free - spanning bridge, a plaza, and at -grade creek crossings to allow people to interact with the creek directly. RDG's open space design at NEraflores buffers the planned housing development from the freeway and provides the public with a place to gather in nature and safely recreate within the urban core of the East Bay. CLIENT City of Richmond, 440 Civic Center Plaza , 2nd Floor, Richmond, Ca 94804 Natalia Lawrence, Senior Development Project Manager, 510.307.8180 i RESTORATION DESIGN GROUP ft°� <`� a� MIRAFLORES cOCrusAL LANDSCAPE .rA BAXTER CREEK Yy 1�/ RESTORATION PLAN CALTAANE SAKA1.: ^ BOX PLAZA CULVERT O, jEAXAI 'S� PEDESTRIAN BRIDGE AVE (1-80 AND URBAN FOREST EDGENOTSHOWN) PROPOSED HOUSING DEVELOPMENT TRAIL PASSIVE RECREATION MEADOW EXTENT OF ACTIVE FLOODPLAIN RIPARIAN WETLANDS O WALL AVENUE BAXTER CREEK TRAIL RIPARIAN VEGETATION T'8Q T -ro GJEEj7At( G. I HAWT+T CfW l ! AF-ft&MW odskt SPACe RESTORATION DESIGN GROUP �Qw. ALPINE POND SKYLINE RIDGE OPEN SPACE PRESERVE, SAN MATEO, CALIFORNIA Alpine Pond, a former rangeland water source, was transformed to serve the Midpeninsula Regional Open Space District (MROSD) as one of their interpretive centers. Nestled into their Skyline Ridge Open Space Preserve, Alpine Pond's ecology and site interpretation were in need of restoration when the District hired RDG. The pond had been invaded by non - native fish and cattails. Our task was to design a plan to restore the pond, re- engage visitors with the pond's ecology and strengthen the site's interpretive programming. MROSD and RDG proposed draining the pond, eradicating non -native aquatic species, and creating critical water elevation control to mitigate cattail invasion of the littoral zone. Our collaborative proposition introduced carefully articulated boardwalks and viewing blinds which accommodated sustainable and responsible visual and interpretive access. Visitors were encouraged to connect with the pond's ecological richness and quietly observe local wildlife. Interpretation was integrated into the site work to complement the rich programming and interior exhibitry at Alpine Pond's David C. Daniels Nature Center. CLIENT Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 Lisa Bankosh, Planner, 650.691.1200 5. PROPOSED TASK BREAKDOWN The table below serves as RDG's cost proposal, task breakdown, and labor and task cost distribution table. Walnut Creek Nature Park: Proposed Task Breakdown (Based on the Conceptual Design Scope of Work and Budget) Milestone /Tasks Milestone RDG Team Hours Rate Fee Dates 2014-15 Staff Issman as Kick -off Meetingwith City Staff BB /Principal 4 $130 $520 On -Site Review Landscape Architect BB/ Principal 4 $130 $520 On -Site Review Structural Engineer KH /Structural 8 $150 $1,200 Overlook Structural Assessment Memo KH / Structural 16 $150 $2,400 Subtotals (A) 32 $4,640 Prepare Preliminary Conceptual Master Plan BB/ Principal 24 $130 $3,120 PR /Assocate 12 $105 $1,260 Coordinate the First Public Input Meetingfor Mid -July BB/ Principal 10 $130 $1,300 Stakeholders, Residents, and Interested Parties RW /Planner 10 $120 $1,200 Hold an Information Gathering Meeting with the Late Aug. BB /Principal 30 $130 $1,300 Recreation and Community Services Commission RW /Planner 10 $120 $1,200 Coordinate a Second Public Input Meetingfor Mid -Aug. BB /Principal 10 $130 $1,300 Stakeholders, Residents, and Interested Parties RW /Planner 10 $120 $1,200 Prepare a Conceptual Master Plan Late Aug. BB /Principal 24 $130 $3,120 PR /Associate 16 $105 $1,6w Hold a Meeting with City Staff to Review Findings of Late Aug. BB /Principal 10 $130 $1,300 Public Input Process and the Conceptual Master Plan Subtotals (B) 146 $17,980 Prepare and display a Refined Conceptual Master Plan Sept. BB /Principal 16 $130 $2,080 reflecting direction of the Community and City Staff PR /Associate 8 $105 $940 Hold a Meeting with City Staff on Conceptual Design Oct. BB /Principal 10 $130 $1,300 Subtotals (C) 34 $4220 Prepare a Final Conceptual Master Plan Nov. BB Principal 12 $130 $1,560 PR Associate 24 $105 $2,520 Submit Final Conceptual Master Plan to City for Review Dec. BB Principal 4 $130 $520 PR /Associate 2 $105 $210 Present Final Conceptual Master Plan to City Council Jan. BB /Principal 10 $130 $1,300 Subtotals (D) 52 $5,110 SUBTOTAL HOURLY FEE $32,950 RDG Team Staff (BB, RW, PR, and Kenneth R. Hughes) REIMBURSABLES $2000 Reproduction, Delivery, Transportation PROJECT SCOPE OF SERVICES TOTAL FEE $34,950 Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design G SJuNE 2014 roup, LLC 28 Standard Hourly Billing Rates (Compensation Schedule) Principal $140 /hr Principal Landscape Architect $130 /hr Director $1201hr Associate Landscape Architect $105/hr Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design Group,LLC 5 JUNE 2014 29 Restoration WALNUT CREEK NATURE PARK IMPROVEMENTS / PROPOSAL Design Group, LLC SJuNE 20 30 0 BOB BIRKELAND,ASLA PRINCIPAL LANDSCAPE ARCHITECT Bob Birkeland has assembled a portfolio of significant, award - winning landscape architectural projects from across the Western United States. For twenty -five years, he has led the design of a broad range of civic and open space design and restoration projects: parks, waterfronts and riparian areas, nature centers, universities, corporate campuses, streets, trails, and housing. Bob oversees RDG's landscape architectural practice, project management, and construction administration. EDUCATION University of Washington, Seattle, WA Master of Landscape Architecture University of Washington, Seattle, WA Bachelor of Arts in East Asian Aesthetics EXPERIENCE Principal Landscape Architect, Restoration Design Group, LLC Senior Landscape Architect, PGAdesign Inc. Senior Landscape Architect, Nakano Associates Associate Landscape Architect, Jones & Jones Landscape Architects REPRESENTATIVE PROJECTS Principal Landscape Architect and Project Manager, Mount Umunhum Environmental Restoration and Public Access Project, Midpeninsula Regional Open Space District, Santa Clara County, CA Principal Landscape Architect and Project Manager, Fernandez Ranch Restoration and Public Access Project, Muir Heritage Land Trust, Contra Costa County, CA Principal Landscape Architect and Project Manager, Sausal Creek Restoration at Dimond Park, City of Oakland, Oakland, CA Principal Landscape Architect and Project Manager, Codom ces Creek Restoration, Trails and Bioretention, University of California, City of Albany and City of Berkeley, Albany/ Berkeley, CA Landscape Architect, Olympic Cauldron Park at Rice /Eccles Stadium, Salt Lake City, UT Salt Lake Olympic Committee and Landmark Design. Landscape Architect, Odgen Nature Center Master Plan and Site Design, Salt Lake City, UT AWARDS / RECOGNITION Intensive Residential Award: Green Roofs for Healthy Cities, 2005, North Beach Housing: Bridge Housing, San Francisco, CA Merit Award: Pacific Coast Builders "Best in the West," 2003: Church Street Housing: Bridge Housing, San Francisco, CA Project of Historical Significance Award: American Public Works Association, 1997: Camp Long Honor Award: American Institute of Architects, Washington State Chapter, 1999: Temple B'nai Torah: Bellevue, WA RICH WALKLING, MLA PLANNING DIRECTOR Rich Walkling has been directing restoration planning projects for over a decade. Rich's practice specializes in community input around stream, estuary, and open space restoration. He has managed projects in California, the Great Lakes basin, and southern Africa His environmental planning work has been featured in a documentary at the Oakland Museum of California. Rich leads RDG's internal management and environmental planning efforts. EDUCATION University California, Berkeley, CA Master of Landscape Architecture and Environmental Planning Cornell University, Ithaca, NY Bachelor of Science in Natural Resources EXPERIENCE Planning Director and Chief Operating Officer, Restoration Design Group, LLC Restoration Planner and Operations Manager, Natural Heritage Institute Graduate Assistant, CALFED Bay -Delta Authority GIS Specialist, Abt Associates, Inc. REPRESENTATIVE PROJECTS Project Manager, Bear Valley Meadow Restoration, American Rivers, Emigrant Gap, CA Project Manager, Marsh Creek Restoration at Creekside Park, City of Oakley, Oakley, CA Project Manager, Wildcat Creek Daylighting, City of San Pablo, San Pablo, CA Community Input Planner, Refugio Creek Vision Plan, City of Hercules, Hecules, CA Communih Input Planner, North Richmond Shoreline Restoration Opportunities, Coastal Conservancy, Richmond, CA AWARDS / RECOGNITION Wild and Scenic Environmental Film Festival, Official Selection, Rheem Creek and Breuner Marsh: A Promised Land (Executive Producer) Geraldine Knight Scott Travel Scholarship to study floods in southern Africa Farrand Graduate Scholarship for academic excellence American Society of Landscape Architects Certificate of Merit BOARDS / COMMITTEES East Bay Regional Park District Park Advisory Committee, Appointee Urban Tilth, Board Chair Citizens for East Shore Parks, Board Member PUBLICATIONS / PRESENTATIONS Guest Lecturer, University of California, Berkeley, Department of Landscape Architecture, 2001- present - PETER ROHAN, BLA ASSOCIATE Peter Rohan brings fifteen years experience in landscape construction and ten years experience in design and drafting to Restoration Design Group. His expertise lies in efficiently developing clear construction documents and identifying solutions to unforeseen challenges during construction. Prior to RDG, he ran his own landscape design firm, designing and building Bay - Friendly landscapes for private clients. EDUCATION California Polytechnic State University, San Luis Obispo, CA Bachelor of Landscape Architecture EXPERIENCE Associate, Restoration Design Group Associate, LLC Independent Landscape Contractor, LandSpaces Auto CAD Technician and Landscape Designer, SWA Group Landscape Designer, Gates + Associates REPRESENTATIVE PROJECTS Landscape Designer, Marsh Creek Restoration, City of Oakley, Oakley, CA Landscape Designer, Wildcat Creek Daylighting at Davis Park, City of San Pablo, San Pablo, CA Landscape Designer, Sausal Creek Restoration at Dimond Park, City of Oakland Watershed and Stormwater Management, Oakland, CA Landscape Designer, Spring Hill Landscape and Creek Restoration, Pete Dokter Residence, Orinda, CA LICENSES / QUALIFICATIONS American Rainwater Catchment System Association, Accredited Professional StopWaste.org, Bay - Friendly Qualified Landscape Professional State of California Class C -27 Landscape Contractor's License Kenneth R. Hughes Structural Engineer 3620 Mt. Diablo Blvd. #203 Lafayette, California 94549 tel.: (925) 284 -2808 e -mail: KRHuehes @oacbell.net Education: University of California, Davis: B.S. Degree, Civil & Mechanical Engineering - 1977 Registration: Civil Engineer - California Registration No. 31786 (1980) Structural Engineer - California Registration No. 2645 (1984) Professional Background & Exuerience: Kenneth R. Hughes established his consulting structural engineering firm in 1986. His firm's design philosophy includes utilizing state of the art construction techniques and materials, while emphasizing practical, simple and economical methods of construction. His firm has been responsible for the structural design of a wide variety of construction projects including: • Commercial and industrial buildings, one or two stories, involving wood framing, structural steel, masonry and tilt -up concrete construction • Small bridges, foundation structures and retaining walls utilizing a variety of structural systems and materials • Industrial facilities for both private and government usage, typically involving heavy concrete foundation and retaining wall construction • Strengthening of existing concrete, masonry and wood framed buildings Design Philosophy: Mr. Hughes is committed to working closely with clients from the early stages of design through construction. He considers his early involvement critical to insure that the design is sensitive to the economic constraints of the project yet uncompromising in basic structural integrity. List of Clients and General Descrintion of Proiects: Oakland Zoo Structural design of over 18 exhibits and 25 buildings including new Veterinary Hospital, the African Savanna, the New Children's Zoo plus state of the art elephant housing and restraint facilities. Projects occurred over the last 18 years. . Noll + Tam Architects Structural design of new public library in Marina California, 2006 plus many other projects. EBA Engineers Structural design of at least 8 solid waste recovery and transfer facilities and / or household hazardous waste facilities throughout California. Roger J. Wilson, Architect Structural design of over 50 commercial and industrial buildings from 1987 through 2010. Projects include new churches, concrete tilt -up buildings, concrete block buildings, plus wood and steel framed buildings. Faith Fellowship Church, San Leandro Design of new 15,000 sq. ft. church in San Leandro, CA. The construction is a combination of wood framing and structural steel. Construction completed in 2003. Chimney Rock Winery Structural design and construction drawings for new 30,000 sq.ft. winery building, plus related site improvements. Construction completed in 2001. Hendry Ranch Winery Structural design and construction drawings for new 20,000 sq.ft. winery building and for access bridge to site. Construction completed in 2000. St. Mary's Episcopal Church, Napa Structural design and construction drawings for major seismic renovation, 1998. Charles Rauw, Consulting Engineers Structural design of various projects throughout the Bay Area including new public access pier in Eckley California, 1997; Repairs for Monterey Wharf 2, 1998; Handicapped access dock and boat ramp extension in Monterey Wharf 2, 1999; Evaluation of Pier 30 -32 in San Francisco, 1999; Ferry Point Pier, Richmond, 2001; Eden Landing Bridge, 2004; Quarry Lakes ADA Fishing Pier, 2005. Napa Valley Vineyard Engineering Structural design and construction drawings for at least 12 bridge projects including Huichica Creek Bridge in Napa, 1993. Dollar Ranch Bridge in Napa, 1998, two bridges for Capell Vineyards in 2001, two bridges for Hall Vineyard in 2002 and two bridges for Stanly Ranch in 2003. Restoration Design Group, LLC Structural design support for various creek restoration and landscape design projects throughout the San Francisco Bay Area. Projects typically involve pedestrian bridges and retaining walls. Kenneth R. Hughes Structural Engineer 3620 Mt. Diablo Blvd. #203 Lafayette, California 94549 tel.: (925) 284 -2808 fax: (925) 284-7492 e -mail: KRHughes@pacbell.net STAFF REPORT ITEM NO. :# J SUBJECT: APPROVE SERVICES WITH SPECIALIZED BUSINESS SYSTEMS TO RELOCATE THE SPECIALIZED TRACK SHELVING AND STORAGE FOR THE POLICE EVIDENCE ROOM SUMMARY This report seeks City Council approval for the dismantling, moving, and re- building of the tracked shelving unit located in the outside evidence room. FISCAL IMPACT Funding for this project is not coming from the General Fund. This project is eligible for the Police Department to utilize federal asset forfeiture funds from account 205 -30- 310 - 53200 - 00000 -2, for a total cost of $29,601.50. LEGAL REVIEW City Attorney to prepare standard contract. BACKGROUND The City of Baldwin Park Police Department's secure outside storage room is scheduled for demolition in late 2014. This is to make way for a city planned multi -unit housing /commercial building. This compound currently houses individual police officer's field gear lockers, a police equipment room, police patrol bicycle room, and an outside evidence room. The evidence room is used for long term storage of bulky evidence, and or items needing special handling. The new parking structure, by design, has a new evidence storage compound and an equipment room in the secure basement area. There is a need to move the current rolling storage shelving unit from the current evidence compound to the new basement compound prior to demolition. This shelving unit is a large multi- tiered tracked rolling shelving unit, designed to hold a large amount of evidence in long term storage. Additionally, there is a need for new shelves to be added in the new equipment room. Specialized Business Systems Inc. originally installed the current shelving unit, which is being serviced and moved, and is the sole source vender for their product. RECOMMENDATION: 1. That the City Council approve the services outlined in the attached price quote contract with Specialized Business Systems for an amount not to exceed $29,601.50 from account 205 -30- 310- 53200 - 00000 -2. Specialized Business Systems is the sole source vender because of their expertise, previous installation and knowledge of the project. 2. Authorize the City Attorney to draft a contract for Mayor's signature for services outlined in the attachments. 3. Authorize the Director of Finance to make the necessary budgetary transfers. 'NW c{ T 3*A TO: Honorable Mayor and City Coun it Members FROM: Michael Taylor, Chief of Police P / DATE: August 6, 2014 SUBJECT: APPROVE SERVICES WITH SPECIALIZED BUSINESS SYSTEMS TO RELOCATE THE SPECIALIZED TRACK SHELVING AND STORAGE FOR THE POLICE EVIDENCE ROOM SUMMARY This report seeks City Council approval for the dismantling, moving, and re- building of the tracked shelving unit located in the outside evidence room. FISCAL IMPACT Funding for this project is not coming from the General Fund. This project is eligible for the Police Department to utilize federal asset forfeiture funds from account 205 -30- 310 - 53200 - 00000 -2, for a total cost of $29,601.50. LEGAL REVIEW City Attorney to prepare standard contract. BACKGROUND The City of Baldwin Park Police Department's secure outside storage room is scheduled for demolition in late 2014. This is to make way for a city planned multi -unit housing /commercial building. This compound currently houses individual police officer's field gear lockers, a police equipment room, police patrol bicycle room, and an outside evidence room. The evidence room is used for long term storage of bulky evidence, and or items needing special handling. The new parking structure, by design, has a new evidence storage compound and an equipment room in the secure basement area. There is a need to move the current rolling storage shelving unit from the current evidence compound to the new basement compound prior to demolition. This shelving unit is a large multi- tiered tracked rolling shelving unit, designed to hold a large amount of evidence in long term storage. Additionally, there is a need for new shelves to be added in the new equipment room. Specialized Business Systems Inc. originally installed the current shelving unit, which is being serviced and moved, and is the sole source vender for their product. RECOMMENDATION: 1. That the City Council approve the services outlined in the attached price quote contract with Specialized Business Systems for an amount not to exceed $29,601.50 from account 205 -30- 310- 53200 - 00000 -2. Specialized Business Systems is the sole source vender because of their expertise, previous installation and knowledge of the project. 2. Authorize the City Attorney to draft a contract for Mayor's signature for services outlined in the attachments. 3. Authorize the Director of Finance to make the necessary budgetary transfers. ALTERNATIVES There are no viable alternatives as the existing evidence room is scheduled to be demolished and the evidence room shelves are required to be moved. ATTACHMENTS 1. Specialized 2. Specialized Business Systems price quote for moving shelf unit. Business Systems price quote for new equipment room shelves. Specialized Business Systems, Inc. 3306 Glendale Blvd., Ste. #2 Los Angeles, CA 90039 (818) 956 -0823 Fax (818) 956 -2265 sbsla@pacbeli.net Customer: Baldwin Park PD Date: Price Quotation No.# 14403 E. Pacific Ave. July 21, 2014 S- 1164 -R Baldwin Park. CA 91706 we propose to furnish the material specified below at the prices quoted plus all applicable taxes, under conditions stated below and on the reverse side. This quotation shall torn a part of any purchase order issued. If any terms on such purchase order are inconsistent with the terms of this quotation, the terms of this quotation shall be binding upon all parties. No sales agent shall have the right to make any statement. in writing or verbally. that modifies any of the terms of conditions of this quotation. Requested By: Lt. Mark Harvey Dept Approved By: 626.960 -1955 Ext. 488 Item: Quantity: y- ize or Catalog No, Description: Unit Per Price: Labor and Material to Dismantle, Transport Mobile 1 1 Storage system from outside annex to Garage $20,160.00 Ea. $20,160.00 Storage Area as indicated during site walkthrough. Reassemble (reconfigure) existing Mobile system as shown in drawing 'Baldwin Park Relocation with Mobile -10" Foreman of project must be factory trained Certified and have 20 years plus experience on equipment to be relocated. Labeled item A in drawing. 2 2 2 each New sections of shelving 36 "x24 "x85' with $537.50 Ea. $1,075.00 5 "shelving, 4 openings labeled item D in drawing. 3 1 Estimated Shipping Charges. $175.00 Ea. $350.00 CA Sales Tax (9 %) $96.75 Total= $21,681.75 All work to be perform during normal SBS Business hours. Does not include: 1). Weekend or Overtime 2). Permit Fees 3). Union Labor rates 4). Parking Rates - Terms -Net 15 Days Subject to our credit department approval. this quotation is made for acceptance and is theratter subject to change without notice. If based on specially printed forms, it presupposes your acceptance of overruns or underruns not exceeding 10% of quantity ordered. Deliveries are subject to delays from fire, strikes, other causes This Quotation is being submitted in duplication for your convenience. To order the items listed, merely sign and return one copy signifying your acceptance. No other form of acceptance will be effective. Accepted Transportation or Delivery Via beyond our control. We reserve the right to correct clerical errors. Orders resulting from this quotation are subject to the conditions Printed on the reverse side of this sheet. very truly yours Specialized Business Systems, Inc. By: Gary P. Raising Office 3306 Glendale Blvd. Suite 2 Los Angeles CA 90039 E -Mail: sbs —gary@pacbell.net Specialized Business Systems, Inc. 3306 Glendale Blvd, Ste. #2, Los Angeles, CA 90039 (818) 956.0823 Fax (818) 956 -2265 sbsla @pacbell.net Customer: Baldwin Park PD Date: Price Quotation No.# 14403 E. Pacific Ave. July 21, 2014 S-1 203R Baldwin Park, CA 91706 we propose to furnish the material specified below at the prices quoted, plus all applicable taxes, under conditions stated below and on the reverse side. This quotation shall forth a part of any purchase order issued. If any terns on such purchase order are inconsistent with the terms of this quotation, the terms of this quotation shall be binding upon all parties. No sales agent shall have the right to make any statement, in writing or verbally, that modifies any of the terms of conditions of this quotation. Requested By: Lt. Mark Harvey Dept. Approved By. mharvev @baldwinoark.com (6261960-1955 ext 488 Item: Quantity: y' ize or Catalog No. Description: Unit Per Price: 1 1 Shelving as provided in drawing Baldwin Park PD -3. $4.760.50 Ea. $4,760.50 Shelving is as follows: 1 each 72x36x120, 1 each 84x36x120, (4 Openings) 1 each 96x36xl20, 2 each 84x23x120, (4 Openings) 1 each 69x15x120 with 5 openings. 1 each 48x36" 97" high LT style shelving with a Rollup Door with lock. The Tambour door will extend (sit on top of shelving) approximately 8 inches. Units will be seismically anchored to the floor 2 1 Estimated (ONLY) Overland Freight: $950.00 $950.00 3 1 Inside Delivery $560.00 $560.00 4 1 Installation $1,120.00 $1,120.00 CA Sales Tax (9 %) $529.25 Total o $7,919.75 All work to be perform during normal SBS Business Hours. Does not include: 1). Weekend or Overtime 2). Permit Fees 4). Seismic Calculations or Drawings Transportation - Terms -Net 15 Days F.O.B. Factory or Delivery Via Subject to our credit department approval, this quotation is made beyond our control. We reserve the right to correct clerical errors. Orders for acceptance and is therafter subject to change without notice. resufGng from this quotation are subject to the conditions If based on specially printed forms. it presupposes your acceptance printed on the reverse side of this sheet, of overruns or underruns not exceeding 10% of quantity ordered. Very truly yours Deliveries are subject to delays from fire. strikes, other causes Specialized Business Systems, Inc This Quotation is being Submitted in duplication for your convenience. To order the items listed, merely sign and return one copy signifying your acceptance. No other form of acceptance will be effective. Accepted By: _ Gary P. Raising Office 3306 Glendale Blvd.. Suite 2 Los Angeles CA 90039 _ E -Mail: sbs —gary@pacbell.net STAFF REPORT SUMMARY ITEM NO TO: The Honorable Mayor and Members of the City FROM: Craig A. Graves, Director of DATE: August 6, 2014 v SUBJECT: Adopt Resolution No. 2014 -029 Settmg the Annual Appropriations Limit for Fiscal Year 2014/15 The City is required by State law to annually adopt a resolution establishing the City's Appropriation limit. The Appropriation Limit applies to the City's General Fund expenditures. The Appropriation Limit for Fiscal Year 2014/15 is $ 65,690,878. The City's adopted General Fund budget of $25,023,769 is well below the current appropriation's limit. FISCAL IMPACT None Adopt Resolution No. 2014 -029 Setting the Annual Appropriation Limit for Fiscal Year 2014/15 at $ 65,690,878. ALTERNATIVES There are no other alternatives for the City Council to consider as the State Constitution mandates cities prepare these calculations annually and have them adopted by their respective City Councils. LEGAL REVIEW Resolution approved as to form and content Appropriation Limit Staff Report Page 2 Article XIII.B of the California State Constitution specifies that appropriations made by State and local governments may increase annually by no more than a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local non - residential construction, whichever is greater. The original base year was 1978 so the formula is based on the aggregate increase annually since that date. Data provided by the State Department of Finance indicates that the county's population change over the last year was 0.46 %. Additionally, California's per capita personal income change was - 0.23 %. These factors combined will increase the City's annual appropriation limit to $65,690,878 for Fiscal Year 2014 -15. Although the law authorizes the City to spend up to this amount from the proceeds of taxes, the Fiscal year 2014 -15 adopted General Fund budget proposes to appropriate only 39% of this allowable limit. Attachments: Appropriation Worksheet Resolution No. 2014 -029 DETERMINATION OF APPROPRIATION LIMIT FISCAL YEAR 2014 -2015 APPROPRIATION LIMIT FOR FISCAL YEAR 2013 -2014: APPROPRIATION LIMIT FOR FY 2014 -2015 ADJUSTMENT FACTORS: Per Capita Change: Population Change: CALCULATION FACTOR FOR FY 2014 -2015 ANNUAL APPROPRIATION LIMIT: -0.23% Ratio 0.46% Ratio APPROPRIATION SUBJECT TO LIMITATION FOR FY 2014 -2015 Proceeds of Taxes: Exclusions Appropriations Subject to Limitation Current Year Limit Over /(Under) Limit TOTAL PROCEEDS AND NON - PROCEEDS OF TAXES (General Fund Only) ATTACHMENT A 65,533,597 0.9977 1.0046 fi111114I110V 65,690,878 21,202,939 21,202,939 65,690,878 (44,487,939) 25,177,270 PERCENT OF TOTAL APPROPRIATIONS LIMIT FROM PROCEEDS OF TAXES 39% May 2014 Attachment A A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2014 -15 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2014 -15 -0.23 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2014 -15 appropriation limit. 2014 -15: Per Capita Cost of Living Change = -0.23 percent Population Change = 0.95 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2014 -15: -0.23 + 100 = 0.99.77 100 0.95+100 =1.0095 100 0.9977 x 1.0095 = 1.0072 Fiscal Year 2014 -15 Attachment B Annual Percent Change in Population Minus Exclusions* January 1, 2013 to January 1, 2014 and Total Population, January 1, 2014 Total County Percent Change - Population Minus Exclusions --- Population city 2013 -2014 1 -1 -13 1 -1 -14 1 -1 -2014 Los Angeles Agoura Hills 0.47 20,528 20,625 20,625 Alhambra 0.48 84,290 84,697 84,697 Arcadia 1.05 56,901 57,500 57,500 Artesia 0.51 16,606 16,690 16,776 Avalon 0.55 3,799 3,820 3,820 Azusa 1.62 47,614 48,385 48,385 Baldwin Park 0.46 76,362 76,715 76,715 Bell 0.47 35,804 35,972 35,972 Bellflower 0.53 77,330 77,741 77,741 Bell Gardens 0.48 42,463 42,667 42,667 Beverly Hills 0.47 34,515 34,677 34,677 Bradbury 0.74 1,074 1,082 1,082 Burbank 0.47 105,045 105,543 105,543 Calabasas 0.53 23,816 23,943 23,943 Carson 0.42 92,251 92,636 92,636 Cerritos 0.47 49,506 49,741 49,741 Claremont 0.42 35,768 35,920 35,920 Commerce 0.47 12,942 13,003 13,003 Compton 0.49 97,608 98,082 98,082 Covina 0.48 48,387 48,619 48,619 Cudahy 0.47 24,028 24,142 24,142 Culver City 0.88 39,233 39,579 39,579 Diamond Bar 0.48 56,133 56,400 56,400 Downey 0.47 112,829 113,363 113,363 Duarte 0.47 21,567 21,668 21,668 El Monte 0.49 114,503 115,064 115,064 El Segundo 0.49 16,815 16,897 16,897 Gardena 0.81 59,602 60,082 60,082 Glendale 1.05 193,769 195,799 195,799 Glendora 1.17 50,697 51,290 51,290 Hawaiian Gardens 0.50 14,384 14,456 14,456 Hawthorne 1.31 85,526 86,644 86,644 Hermosa Beach 0.43 19,666 19,750 19,750 Hidden Hills 0.64 1,889 1,901 1,901 Huntington Park 0.63 58,661 59,033 59,033 Industry 0.23 437 438 438 Inglewood 0.50 111,238 111,795 111,795 Irwindale 0.76 1,455 1,466 1,466 La Canada Flintridge 0.41 20,452 20,535 20,535 'Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. ENT OA Q X z w DEPARTMENT OF «,�a� > FINANCE sT TE <PITO . RooM , , OFFICE OF THE DIRECTOR May 2014 Dear Fiscal Officer: Subject: Price and Population Information EDMUND G. BROWN JR. - GOVERNOR CA . 95814-499B . www.00.^.cP..GOv Appropriations Limit The California Revenue and Taxation Code, section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2014, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2014 -15. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2014 -15 appropriations limit. Attachment B provides city and unincorporated county population percentage change. Attachment C provides population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and. Taxation Code section 2228 for further information regarding the appropriations limit. Article XIII B, section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. The Code and the California Constitution can be accessed at the following website: http: / /le inq fo. legislature .ca.gov/faces /codes.xhtml. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No state agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2014. Please Note: Prior year's city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323 -4086. MICHAEL COHEN Director By: KEELY M.BOSLER Chief Deputy Director Attachment ATTACHMENT B RESOLUTION NO. 2014 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING THE ANNUAL APPROPRIATION LIMIT FOR THE FISCAL YEAR 2014- 2015 WHEREAS, Article XIIIB of the California Constitution requires the Legislative Body to establish an Appropriations Limit annually beginning with the Fiscal Year ending June 30, 1981; and WHEREAS, the City Council is required by Section 7910 of the Government Code, to establish its Appropriations Limit by Resolution; and WHEREAS, the Appropriations Limit documentation has been available for public inspection for the required fifteen days, in accordance with Section 7910 of the Government Code, prior to the approval of the limit by the Legislative Body. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The Appropriations Limit for the Fiscal Year 2014 -2015 has been determined to be $65,690,878 and was prepared using the change in the Per Capita Personal Income change of -0.23% and the City population increase of 0.46 %. as provided by the State Department of Finance, pursuant to Sections 2227 and 2228 of the Revenue and Taxation Codes, calculation as of January 1, 2014. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this 6th day of August, 2014. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES S. 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 an adjourned regular meeting of the City Council on the 6th day of August, 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK or - SA-'y ITEM NO. * G _ STAFF REPORT` SUMMARY TO: Honorable Mayor and City Council bers FROM: Michael Taylor, Chief of Police 1p<� GOP DATE: August 6, 2014 SUBJECT: Approval of Agreement with Neftali Cortez, dba Nationwide Cost Recovery Services, for Assistance Re Vacant and Abandoned Property Registration Program. This report seeks City Council approval to continue an existing contractual agreement with Neftali Cortez, dba Nationwide Cost Recovery Services (NCRS). The agreement is for the continued administration of the Vacant and Abandoned Property Registration Program. FISCAL IMPACT There is no adverse impact to the General Fund. All current registration under the Baldwin Park Code of Ordinances Chapter 150.250 will remain valid until each registration expires. If the City Council directs staff to continue the Professional Service Agreement with Mr. Cortez, then staff has prepared a one (1) year agreement including a re- negotiated cost for services based on the fees collected and services rendered to administer and enforce the provisions of Chapter 150.250. The compensation agreement provides for a 50% fee collected from registration fee to be paid to Mr. Cortez, provided that when the total amount of fees collected is equal to $80,0000 then that percentage shall be adjusted to 40% payable to the consultant and 60% retained by the City. Staff recommends City Council: 1) Direct the Chief Executive Officer to execute a Professional Service Agreement with Neftali Cortez, dba Nationwide Cost Recovery Services, to administer and enforce the provision of Chapter 150.250. LEGAL REVIEW The city attorney has approved this contract as to form. BACKGROUND In April 2009, City Council approved Ordinance 1325, which added Chapter 150.250 to the Baldwin Park Municipal Code (BPMC), requiring the owners of vacant and abandoned properties to register said property and to maintain the property in accordance with community standards in order to address the issues created by the Nationwide Cost Recovery Services Agreement August 6, 2014 2 of 2 foreclosure crisis. That Chapter defines abandoned property as any property against which a Notice of Default (NOD) has been recorded by lender. The adoption of BPMC Chapter 150.250 helped to mitigate some of the issues created by properties in foreclosure that became vacant and abandoned. In August 2013 the City Council approved Resolution No. 2013 -031 Amending the Fee Schedule and Revising Fees for the Registration of Foreclosed Property and Approval of Agreement with NCRS, for Assistance with the Vacant and Abandoned Property Registration Program. NCRS has maintained a high level of service based on staff interaction with them. At the request of staff, the proposed agreement eliminates NCRS revenues up to $3500 from the percentage amount received by the City from the fees actually collected and reduces the ceiling from $120,000 to $80,000 before the percentage share of City revenue increases from 50% to 60 %, thus providing the City a much favorable contract than previously. The proposed agreement is for a period of three years, renewable annually by mutual agreement. The current agreement expires on August 20, 2014. ALTERNATIVES Should the City Council decide to not renew this contract, a pro- active administration of the ordinance will require additional staff time to be dedicated to researching foreclosure data, beneficiaries, trustees or any other agents who cause a Notice of Default to be recorded. Additional staff time would also be required to inspect the property and follow up on mailing notices and enforcing the ordinance amendment. However, the Code Enforcement Division would not be able to effectively identify properties at the NOD stage since this information is not directly accessible and only available to real estate professionals. This has been an issue with foreclosures in the past, prior to contracting with NCRS. Further, because the Code Enforcement Division has currently only one full -time staff, the administration of the proposed program would likely require either additional staff, or a consultant firm, or a combination of both. Therefore, the City Council may choose to increase Code Enforcement staffing dedicated to the enforcement of the Property Registration Program. However, the listing of properties may still remain incomplete due to the lack of access to timely foreclosure data. ATTACHMENT • Professional Agreement with Nationwide Cost Recovery Services CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made by and among by the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "City ") and Neftali Cortez, an individual, dba Nationwide Cost Recovery Services (hereinafter referred to as "Consultant "). WHEREAS, to prevent the community from experiencing the blighting conditions that result when real property owners are in default on mortgages and their properties have been foreclosed on, are in the process of foreclosure, or are in imminent likelihood of the commencement of foreclosure proceedings ( "Distressed Properties "), City adopted Chapter 150.029 of the Baldwin Park Municipal Code ( "BPMC "); WHEREAS, BMC Chapter 150.029 requires those with an interest in Distressed Properties within Baldwin Park, as a result of such things as deeds of trust, to inspect, and maintain those properties and register them with City; WHEREAS, due to the financial difficulties City has, is and will continue to face, staff reductions have been required and effective attention cannot be provided to ensure Distressed Properties and those holding an interest in them are complying with Chapter 150.029; and WHEREAS, Consultant has experience in assisting cities in the San Gabriel Valley and other locations with implementing provisions similar to Chapter 150.029. Now, therefore, the Parties agree as follow: SECTION 1. SCOPE OF SERVICES. Consultant shall assist City with implementation of Chapter 150.029 by providing the services described in Exhibit 'A" which is incorporated herein by this reference. SECTION 2. TERM. This Agreement shall commence on August 21, 2014, and shall expire August 20, 2015, unless the Parties agree in writing to extend this Agreement or it is terminated earlier as provided herein. SECTION 3. PERFORMANCE. A. Consultant shall at all times, faithfully, competently, and to the best of its principals' abilities, experience and talents, perform all tasks described in this Agreement. 1 B. Consultant shall be knowledgeable of and subject to all City rules and regulations, standard operating procedures, and the supervisory chain of command. SECTION 4. WORK PRODUCT. Consultant hereby agrees all work products produced pursuant to this Agreement shall be the sole property of City and ownership of said work products shall be retained by City. Consultant shall provide those products within ten (10) days after a written request from City and work to date will be paid in accordance with Section 7. Consultant may retain copies of those work products. SECTION 5. EXTRA SERVICES. Consultant shall render no extra services beyond the Scope of Work described under this Agreement unless such extra services first shall have been duly authorized in writing by the Chief Executive Officer (the "CEO ") of City. Additional services shall be subject to terms agreed to in writing by the City and Consultant. SECTION 6. CEO SUPERVISION. The CEO, or his /her designee, shall have the right of general supervision of all work performed by Consultant. No payment for services rendered under this Agreement shall be made without the prior approval of the CEO, or his /her designee. SECTION 7. PAYMENT. a. For Consultant's satisfactory completion of services required hereunder, City agrees to pay Consultant a fee equal to fifty percent (50 %) of the registration fees actually collected by City pursuant to Chapter 150.029 after the effective date of this Agreement (the "Collected Registration Fees "); provided, that when the total amount of the Collected Registration Fees is equal to One Eighty Thousand Dollars ($80,000.00), that percentage shall be reduced to forty percent (40 %). b. Consultant shall provide an itemized bill to City on the 10th of each month for work completed in the previous month detailing the work satisfactorily performed, time spent to date, amount paid to date and total amount being invoiced. The total amount of fees billed and paid shall not exceed the maximum set forth in 7.a. Payment is due within thirty (30) days after approval of the bill by City. C. City shall not be required to make any payment until the insurance documents described in Section 12 have been submitted by Consultant and approved by City's City Attorney. K SECTION 8. TERMINATION. City shall have the right to terminate this Agreement, with or without cause, for any reason, with ten -days' (10 -days) written notice. Termination shall become effective ten (10) days after delivery of written notice to Consultant and Consultant shall be due any and all payments for Collected Registration Fees received by City on or before the date of termination for services satisfactorily performed. In the event City does not exercise the right to terminate as set forth herein, the Agreement shall automatically terminate on the Expiration Date. SECTION 9. NON - LIABILITY OF OFFICIALS AND EMPLOYEES OF THE CITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant. SECTION 10. INDEPENDENT CONSULTANT. Consultant is and shall at all times remain, as to City a wholly independent Consultant. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant except as expressly set forth in this Agreement. Consultant shall not at any time or in any fashion represent Consultant is in any manner an officer, employee or agent of City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in this Agreement, City shall not pay salary, wages, or other compensation to Consultant for performance hereunder for City. City shall not be liable for compensation to Consultant for injury or sickness arising out of performing services hereunder. SECTION 11. LEGAL RESPONSIBILITIES. Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to, the Baldwin Park Municipal Code. City and its appointed or elected officers, employees, or agents shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section. SECTION 12. INDEMNIFICATION. Consultant agrees to and shall defend, indemnify, protect and hold harmless City, and each of its elected and appointed boards, officers, officials, employees, agents and volunteers (the "Indemnified Parties ") from and against any and all claims, demands, lawsuits, defense costs, civil penalties, expenses, causes of action, judgments at law or in equity or liability of any kind or nature ( "Claims ") which the Indemnified Parties may sustain or incur or which may be imposed upon them for injuries or deaths of persons or damage to property arising out of Consultant's 3 performance related to this Agreement. This section does not apply to liability arising out of the sole negligence of any of the Indemnified Parties. A copy of a certificate of insurance insuring Consultant for general liability in the amount of at least Two Million Dollars ($2,000,000) per claim and policy provisions or endorsement(s) (i) naming the Indemnified Parties as additional insureds, (ii) showing that insurance being primary, any other City insurance being non - contributory and (iii) providing that insurance cannot be cancelled or materially modified without thirty -days' (30- days') prior written notice to City shall be provided for reasonable approval by City's City Attorney. The Certificate shall and SECTION 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant related to the scope of work discussed herein and any prior agreements, promises, negotiations or representations not expressly set forth herein regarding that work are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, then the remaining provisions of this Agreement shall be valid and binding. SECTION 14. WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 15. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the successors of each of the Parties hereto. SECTION 16. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. SECTION 17. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. 11 SECTION 18. NOTICE. All notices shall be personally delivered or mailed to the addresses listed below: "CONSULTANT" Nationwide Cost Recovery Services 947 Longview Drive Diamond Bar, Ca 91765 Attn: Neftali Cortez "CITY" City of Baldwin Park Attn: Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, CA 91706 SECTION 19. ASSIGNMENT. Consultant shall not assign any right or obligation under this Agreement without the express written approval of City. IN WITNESSETH WHEREOF, the Parties have caused this Agreement to be executed on the date identified below. Dated: 2013 APPROVED AS TO FORM: City Attorney Dated: .2013 61 CITY OF BALDWIN PARK Shannon Yauchzee Chief Executive Officer Nationwide Cost Recovery Services Neftali Cortez Principal WA MMII 3rrW Scope of Services Consultant shall Administrate and carry out the implementation of a Foreclosed Property Registration Program for the City of Baldwin Park, California. The Consultant shall implement a program to Identify and Notify Beneficiaries of Trust Deeds which have caused a Notice of Default to be recorded on a property within the City of Baldwin Park. The Consultant shall utilize their technology and expertise gained in the past 30 years in the Industry to increase Compliance with the City of Baldwin Park's Foreclosed Property Registration Ordinance. Scope of Implementaion Services 1. There have been 346 Properties that have had a foreclosure filing notice in the City of Baldwin Park within the previous twenty -four (24) month period. There have been 118 Notice of Default filings recorded in the last twelve (12) month period. 17 Properties have become Bank Owned in the last Twelve (12) months, and have been baselined into the program. a. The baseline has included the completion of a Determination of Occupancy Inspection Report and a Property Condition report per property that has been registered. There have been 118 properties that have been registered, and there is continuing work being performed by Nationwide Cost Recovery Services to obtain compliance from those Banks, Servicers, and Beneficiaries that are required to register a property once a Notice of Default has been recorded. The objective of this program is to provide an immediate and continuing impact on the maintenance and code compliance of the property by the foreclosing lender, and registration of the REO (Real Estate Owned) properties. b. Consistent Documentation to enhance the City's ability to recover the registration fees and penalties for non - compliance with the City Foreclosed Property Registration ordinance. The proper implementation of this program will continue to assist to effectively notify and urge foreclosed property owner(s) to expedite maintenance and proper securing of the property for the safety of the community. 2. Initial Baseline Property Inspection of Preforeclosure and Trustee Sale or Auction status. The baseline will include the completion of a Determination of Occupancy Inspection Report and a Property Condition Report per property upon receipt of a completed Foreclosed Property Registration application and fee. There are 346 properties having had a Notice of Default filed in the previous twenty -four (24) months within the City of Baldwin Park, with approximately 177 of those with ongoing foreclosure proceedings. There are currently 28 properties that have had a Page 1 of 2 Notice of Trustee's Sale filed within the last four (4) months and are scheduled for Foreclosure Auction within the next 45 days. Determination of condition of property: a. Document condition of properties per "curbside" inspection noting condition of the lawn, debris, broken windows /doors, graffiti, and presence of personal property. b. Submit report regarding un- maintained properties or cases of vandalism via e -mail and /or if available, the City's online reporting system or secure incident management system. c. 6 inspections are included in this scope of work. If additional inspections are performed, they shall be billed to the Beneficiary/Owner of the property that has filed the Notice of Default and registered with the City of Baldwin Park. The fee billed to the Beneficiary/registrant shall be in the amount of $45.00 or as determined by the City of Baldwin Park. 3. Daily tracking of properties that have entered the foreclosure process with the initial Notice of Default filed at the Office of the County Recorder shall be conducted as part of the process. This will enable the City of Baldwin Park to reach constituents in distress, identify specific unsafe and dangerous vacant properties that present health and safety risks, and contact the responsible lenders and institutions so as to inform them of the City ordinance requiring registration of vacant REO properties. This will ultimately enhance the City's program of property Code Compliance. a. Continue to perform a search of foreclosures filings within the City daily. b. Search for change in Status of property in Foreclosure. c. Check Auction Schedule and document daily change of status to Bank Owned for proposed action at the discretion of the City. 4. Updated Property Detail Report Constantly validate contact information of existing lenders of record by contacting via telephone or e-mail the trustee and /or the mortgage servicer. Make updated contact information available to the City. 5. Utilize the Proprietary Technology developed by Nationwide Cost Recovery Services to facilitate the online registration of properties by parties required to do so as per City Ordinance. The utilization of this technology enables the Banks, Servicers, and Beneficiaries to comply as required with greater degree of ease and improved accuracy. Exhibit A Page 2 of 2 6. Process and Procedures a. Implement processes and procedures and provide oversight for preparation of correspondence on all properties that are in the foreclosure process in the City of Baldwin Park. Maintain an updated profile on those Beneficiaries that have not registered. b. Implement the methodology for checking the Foreclosure status of all properties beyond the initial filing of the Notice of Default. c. Implement procedures and processes to call all Beneficiaries that have not registered with the City of Baldwin Park and open dialogue on payment of fees and fines that are outstanding. Provide oversight and perform implementation and execution of said procedures. d. Implement procedures and processes for placing Cost Recovery calls to Trustees in order to open dialogue on the fees that are outstanding on unregistered properties in the City of Baldwin Park. e. Cost of printing and mailing shall be borne by the City of Baldwin Park from their share of the fees collected. Exhibit A Page 3 of 2 ITEM NO. 4 77 STAFF REPORT gp'*L py+ TO: Honorable Mayor and Members of the City Council of A HTH of 9� FROM: Daniel Wall, Director of Public WorkQ' J SAN GABRIEL DATE: August 6, 2014 VALLEY R' SUBJECT: ADOPTION OF RESOLUTION NO. 2014 -028 reo 1nWP�ryy TO SUPPORT SENATE BILL 1275 (DE LEON) SUMMARY Resolution No. 2014 -028 supports Senate Bill (SB) 1275 (De Leon) Vehicle retirement and replacement: Charge Ahead California Initiative which seeks to ensure that the benefits of electric transportation and clean air technologies are broadly shared. FISCAL IMPACT There is no foreseeable use of City of Baldwin Park funds. Implementation of SB 1275 may provide rebates on the replacement of fleet vehicles. RECOMMENDATION It is recommended the City Council adopt resolution No. 2014 -018 by reading its title only and waive further reading, "RESOLUTION NO. 2014 -028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF SENATE BILL 1275" LEGAL REVIEW Legal review of this item is not necessary. BACKGROUND Senate Bill 1275 is an act to amend the Health and Safety Code relating to air pollution. Existing law creates a fleet modernization program for the retirement of high polluting vehicles. This program's guidelines are to be updated by June 30, 2015. SB 1275 would establish the Charge Ahead California Initiative. The goals of the initiative are to place in service at least 1,000,000 zero - emission and near- zero - emission vehicles by January 1, 2023, and to increase access for disadvantaged, low- income, and moderate - income communities and consumers to these vehicles through programs including rebates and vouchers. Attachment: 1. Resolution No. 2014 -028 2. SB 1275 as currently amended. RESOLUTION NO. 2014 -028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTION OF RESOLUTION NO 2014 -028 TO SUPPORT SENATE BILL 1275 (DE LEON) WHEREAS, cars and trucks are the single largest source of air pollution and global warming in California; and WHEREAS, forty percent of the state's population lives near a major highway or road, more than any other state; and WHEREAS, low- income communities are disproportionately impacted by air pollution and toxics; and WHEREAS, SB 1275 would commit California to a goal of bringing one million electric cars, trucks, and busses on the state's roads within the next ten years; and WHEREAS, SB 1275 would extend the Clean Vehicle Rebate Project, which facilitates the sale of over 47,000 clean cars in California; and WHEREAS, SB 1275 would support car - sharing programs and provide financing options for clean air vehicle technologies specifically t low- income communities and area burdened by high - levels of air pollution; and NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: The City Council of the City of Baldwin Park, California, supports SB 1275 (De Leon) which seeks to ensure the benefits of electric transportation and clean air technologies are broadly shared. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 6th day of August 2014. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of foregoing Resolution No. 2014 -028 was duly Baldwin Park at a regular meeting thereof hel d adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK Baldwin Park do hereby certify that the adopted by the City Council of the City of on August 6, 2014 and that the same was AMENDED IN ASSEMBLY JULY 1, 2014 AMENDED IN SENATE MAY 6, 2014 AMENDED IN SENATE APRIL 21, 2014 SENATE BILL No. 1275 Introduced by Senator De Le6n (Coauthor: Senator Pavley) (Coauthor: Assembly Member Ting) February 21, 2014 An act to amend Section 44125 of, and to add Chapter 8.5 (commencing with Section 44258) to Part 5 of Division 26 of, the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 1275, as amended, De Le6n. Vehicle retirement and replacement: Charge Ahead California Initiative. (1) Existing law creates an enhanced fleet modernization program for the retirement of high polluting vehicles to be administered by the Bureau of Automotive Repair pursuant to guidelines adopted by the State Air Resources Board. Existing law requires the program's guidelines to be updated no later than June 30, 2015. Existing law requires the updated guidelines to ensure vehicle replacement be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired, as specified. This bill would require the updated guidelines to ensure there be a mobility option, as defined, and that the compensation for a mobility option be no less than the combination of what the motor _ _L1 _1 _ __.Y __ W. SB 1275 —2— $2,500. The bill would authorize the state board to increase the amount of the mobility option as necessary to maximize the air quality benefits of the program while also ensuring participation by low - income motor vehicle owners, as specified. The bill also would require the updated guidelines to ensure the inclusion of car sharing, as specified. (2) Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Pursuant to the Air Quality Improvement Program, the state board has established the Clean Vehicle Rebate Project to promote the production and use of zero - emission vehicles and the Hybrid and Zero - Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets to purchase hybrid and zero- emission trucks and buses. This bill would establish the Charge Ahead California Initiative to be administered by the state board, in consultation with the State Energy Resources Conservation and Development Commission, air pollution control and air quality management districts, and the public Aaktholde -=s. The bill would state that the goals of the initiative are to, among other things, place in service at least 1,000,000 zero - emission and near - zero - emission vehicles by January 1, 2023, and to increase access for disadvantaged, low- income, and moderate - income communities and consumers to zero - emission and near - zero - emission vehicles. The bill would require the state board to adopt, no later than June 30, 2015, a plan to meet the goals of the initiative, commencing in the 201E-17 fiscal year, that establishes that includes establishing an estimate for the total funding necessary for specified programs and projects; to update the plan at least every 3 years through January 1, 2023; to adopt, no later than June 30, 2015, specified revisions to the criteria and guidelines other requirements for the Clean Vehicle Rebate Project and the Hybrid and Zero - Emission Truck and Bus Voucher Incentive Project; and to establish programs that further increase access to and direct benefits for disadvantaged, low- income, and moderate - income communities and consumers from electric transportation. Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: no. 96 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 -3— SB 1275 The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Seven of the I0_vorst- paHuted cities with the most severe air pollution in the United States are in California. California has the largest proportion of its population, over 40 percent, living close to or near busy roadways and who may be exposed to an elevated risk of air pollution and health impacts. (b) California's low- income and disadvantaged populations continue to face disproportionate impacts from substandard air quality in the form of higher rates of respiratory illnesses, hospitalizations, and premature death. Climate change is expected also to have disproportionate impacts on disadvantaged, low- income, and other vulnerable communities in California. (e) Residents and businesses annually spend more than $70 billion in transportation fuel bills. (d) Cars and trucks are the single largest source of-global greenhouse gas emissions in California. They also are the largest contributor to air pollution that harms public health. (e) Zero - emission and near - zero - emission vehicles, including light -, medium -, and heavy -duty vehicles and buses, can improve the health and welfare of all residents, especially those in lower income households and disadvantaged communities, by reducing air pollution and greenhouse gas emissions. (f) California businesses stand to benefit from increased deployment of zero - emission and near -zero- emission vehicles through reduced fuel expenditures and reduced pollution exposure to workers and communities. (g) California attracts over half of the nation's venture capital for clean technology and ranks high among the states in the number of workers and facilities supporting the clean vehicle and electric vehicle industries. (h) Automakers and truck manufacturers are in early commercialization of zero- emission and near - zero - emission vehicles, which can dramatically lower smog and greenhouse gas emissions even when emissions from the production, distribution, and refining of fuels and the generation of electricity are considered. 96 SB 1275 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— (i) Electric utilities are providing clean renewable electricity in increasing amounts to transportation customers throughout the state. Charging- service providers are beginning to deploy electric vehicle charging infrastructure throughout the state. Expanding the market for zero - emission and near -zero- emission vehicles to underserved markets in California is a priority. 0) Low - carbon transportation has been identified as an eligible investment under the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). The act has identified low- carbon freight transport and zero - emission passenger transportation as a recommended area for investment. (k) It is the goal of the state to place in service at least one million zero- emission and near - zero - emission vehicles by January 1, 2023, and to establish a self - sustaining zero - emission and near- zero - emission vehicle industry in which zero - emission and near - zero - emission vehicles are a viable mainstream option for individual vehicle purchasers, businesses, and public fleets. (Z) It is the goal of the state to increase access for disadvantaged aml – low -, low - income, and moderate - income communities and consumers to zero- emission and near - zero - emission vehicles and to increase the placement of those vehicles in those communities and with those consumers in order to enhance the air quality, lower greenhouse gases, and promote overall benefits for those communities and consumers. Greenhouse Gas Reduction r_.._a 1twe..s..__e_..♦ T1_._ ,.._.1 Seetion 39719) of Part -2 of Division 26 of the Health and Safer:- Code). SEC. 2. Section 44125 of the Health and Safety Code is amended to read: 44125. (a) No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the voluntary retirement of passenger vehicles and light -duty and medium -duty trucks that are high polluters. The program shall be administered by the bureau pursuant to guidelines adopted by the state board. 96 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -5— SB 1275 (b) No later than June 30, 2015, the state board, in consultation with the bureau, shall update the program established pursuant to subdivision (a). The program shall continue to be administered by the bureau pursuant to guidelines updated and adopted by the state board. (c) The guidelines shall ensure all of the following: (1) Vehicles retired pursuant to the program are permanently removed from operation and retired at a dismantler under contract with the bureau. (2) Districts retain their authority to administer vehicle retirement programs otherwise authorized under law. (3) The program is available for high polluting passenger vehicles and light -duty and medium -duty trucks that have been continuously registered in California for two years prior to acceptance into the program or otherwise proven to have been driven primarily in California for the last two years and have not been registered in another state or country in the last two years. The guidelines may require a vehicle to take, complete, or pass a smog check inspection. (4) The program is focused where the greatest air quality impact can be identified. (5) (A) Compensation for retired vehicles shall be at least one thousand five hundred dollars ($1,500) for a low- income motor vehicle owner, as defined in Section 44062.1, and no more than one thousand dollars ($1,000) for all other motor vehicle owners. (B) Replacement or a mobility option may be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired pursuant to subparagraph (A). For low - income motor vehicle owners, as defined in Section 44062. 1, compensation toward a replacement vehicle or mobility option shall be no less than two thousand five hundred dollars ($2,500). Compensation toward a replacement vehicle for all other motor vehicle owners shall not exceed compensation for low- income motor vehicle owners. Gompensation for the mobility __tior -hall be no less .,___ 96 SB 1275 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —6— (C) Compensation for either retired or replacement vehicles or a mobility option for low- income motor vehicle owners may be increased as necessary to maximize the air quality benefits of the program while also ensuring participation by low- income motor vehicle owners, as defined in Section 44062.1. Increases in compensation amounts may be based on factors, including, but not limited to, the age of the retired or replaced vehicle, the emissions benefits of the retired or replaced vehicle, the emissions impact of any replacement vehicle, participation by low- income motor vehicle owners, as defined in Section 44062.1, and the location of the vehicle in an area of the state with the poorest air quality. (6) Cost - effectiveness and impacts on disadvantaged and low- income populations are considered. Program eligibility may be limited on the basis of income to ensure the program adequately serves persons of low or moderate income. (7) Provisions that coordinate the vehicle retirement and replacement and mobility option components of the program with the vehicle retirement component of the bureau's Consumer Assistance Program, established pursuant to other provisions of this chapter, to ensure vehicle owners participate in the appropriate program to maximize emissions reductions. (8) Streamlined administration to simplify participation while protecting the accountability of moneys spent. (9) Specific steps to ensure the vehicle replacement and mobility option component of the program is available in areas designated as federal extreme nonattainment. (10) A requirement that vehicles eligible for retirement have sufficient remaining life. Demonstration of sufficient remaining life may include proof of current registration, passing a recent smog check inspection, or passing another test similar to a smog check inspection. (d) When updating the guidelines to the program established pursuant to subdivision (a), the state board shall study and consider all the following elements: (1) Methods of financial assistance other than vouchers. (2) An option for automobile dealerships or other used car sellers to accept cars for retirement, provided the cars are dismantled consistent with the requirements of the program. 96 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -7— SB 1275 (3) An incentive structure with varied incentive amounts to maximize program participation and cost - effective emissions reductions. (4) Increased emphasis on the replacement of high polluters with cleaner vehicles or the increased use of public transit and car sharing that results in the increased utilization of the vehicle replacement and mobility option component of the program. (5) Increased emphasis on the reduction of greenhouse gas emissions through increased vehicle efficiency or transit and car sharing use as a result of the program. (6) Increased partnerships and outreach with community -based organizations. (e) For purposes of this section, the following terms have the following meanings: (1) "Car sharing" has the same definition as in Section 44258. (2) "Mobility option" means a voucher for public transit or car sharing. SEC. 3. Chapter 8.5 (commencing with Section 44258) is added to Part 5 of Division 26 of the Health and Safety Code, to read: CHAPTER 8.5. CHARGE AHEAD CALIFORNIA INITIATIVE 44258. For purposes of this chapter, the following terms have the following meanings: (a) "Car sharing" means a model of vehicle rental where users can rent vehicles for short periods of time and users are members that have been preapproved to drive. (b) `Disadvantaged community" means a community identified by the California Environmental Protection Agency pursuant to Section 39711. (c) "Near- zero - emission vehicle" means a light -duty plug -in hybrid electric vehicle or a medium -duty, heavy -duty, or bus hybrid electric vehicle or plug -in hybrid electric vehicle. (e) (d) "Zero- emission vehicle" means a light -duty, medium -duty, heavy -duty, or bus battery electric vehicle or hydrogen fuel cell vehicle. 44258.4. (a) 41telt is the intent of the Legislature that this act be consistent with the appropriations processes and criteria 96 SB 1275 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 M:M established by the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2). (b) The Charge Ahead California Initiative is hereby established and shall be administered by the state board. The goals of this initiative are to place in service at least 1,000,000 zero - emission and near - zero - emission vehicles by January 1, 2023, to establish a self - sustaining zero - emission and near - zero - emission vehicle industry in which zero - emission and near - zero - emission vehicles are a viable mainstream option for individual vehicle purchasers, businesses, and public fleets, to increase access for disadvantaged and low-, low - income, and moderate - income communities and consumers to zero - emission and near - zero - emission vehicles, and to increase the placement of those vehicles in those communities and with those consumers to enhance the air quality, lower greenhouse gases, and promote overall benefits for those communities and consumers. (1-1) (c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, districts, and the public stakeholders, shall do all of the following: (1) No later than June 30, 2015, adopt a plan to meet the goals of the initiative established pursuant to subdivision—(a) (b), commencing in the 2016 -17 fiscal year, that establishes including establishing an estimate for the total funding necessary for programs and projects that include, but are not limited to, any of the following: (A) The Clean Vehicle Rebate Project, established pursuant to Section 44274. (B) The Hybrid and Zero - Emission Truck and Bus Voucher Incentive Project, established pursuant to Section 44274. (C) The Advanced Technology Demonstration Projects, established pursuant to Section 44274. (D) Zero - emission and near - zero - emission vehicle fueling infrastructure projects eligible under the Alternative and Renewable Fuel and Vehicle Technology Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (E) Light -duty, medium -duty, and heavy -duty zero - emission and near - zero - emission vehicle deployment projects eligible under the Alternative and Renewable Fuel and Vehicle Technology 96 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -9— SB 1275 Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (F) Medium -duty and heavy -duty zero - emission and near- zero - emission vehicle technology demonstration projects eligible under the Alternative and Renewable Fuel and Vehicle Technology Program, established pursuant to Article 2 (commencing with Section 44272) of Chapter 8.9. (G) Precommercial demonstration projects of advanced freight and transit technology to move cargo and passengers in the state. (H) TP1r_o^grams adopted pursuant to paragraph (5). 1T� (2) Update the plan required pursuant to paragraph (1)shall be updated at least every three years through January 1, 2023. (3) No later than June 30, 2015, adopt revisions to the criteria and-guidelines other requirements for the Clean Vehicle Rebate Project, established pursuant to Section 44274, to ensure all of the following: (A) Rebate levels are phased down in multiyear increments based on cumulative sales levels as determined by the state board. moderate (B) Modi'eatiotts are adopted to both inVrove effeetiveness and enstire that the program better sefves persons of low an --° (G) Qualified low and modemte income motor -vehicle owne (B) Eligibility is limited based on income. f� (C) Consideration of the conversion to prequalification and point -of -sale rebates or other methods to increase participation rates. (4) No later than June 30, 2015, adopt revisions to the criteria andelines other requirements for the Hybrid and Zero - Emission Truck and Bus Voucher Incentive Project, established pursuant to Section 44274, or other relevant deployment and demonstration programs, to ensure program 96 SB 1275 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 —10— eligibility for a truck -and or bus retrofitted or remanufactured to be a zero - emission vehicle, if the retrofitter or manufacturer furnishes a warranty or other form of guarantee to ensure lasting emissions reductions. (5) (A) Establish programs that further increase access to and direct benefits for disadvantaged-axa-lvvc-, low - income, and moderate - income communities and consumers from electric transportation, including, but not limited to, any of the following: (i) A- Financing mechanisms, including, but not limited to, a loan or4oe s loan -loss reserve credit enhancement program to increase consumer access to zero- emission and near - zero - emission vehicle financing and leasing options that can help lower expenditures on transportation. (ii) Car sharing programs that serve disadvantaged communities and - incorporate utilize zero - emission and near - zero - emission vehicles. (iii) Deployment of charging infrastructure in multiunit dwellings in disadvantaged communities to remove barriers to zero - emission and near - zero - emission vehicle adoption by those who do not live in detached homes. (iv) Additional incentivesfor zero-emission, near-zero-emission, or high - efficiency replacement vehicles or a mobility option available to participants in the enhanced fleet modernization program, established pursuant to Article I1 (commencing with Section 44125) of Chapter 5. (B) Programs implemented pursuant to this paragraph shall provide adequate outreach to disadvantaged -mow-, low- income, and moderate - income communities and consumers, including partnering with community -based organizations. CO 96 STAFF REPORT SUMMARY SUMMARY ITEM NO. t TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Communi evelopment Manager Amy Harbin, AICP, City Plann$ DATE: August 6, 2014 SUBJECT: Policy for Alcoholic Beverage Sales within the City of Baldwin Park This report requests City Council approval of a policy which sets forth development standards, limitations on off -site licenses, and typical standard conditions of approval relating to alcoholic beverage sales within the City of Baldwin Park. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION It is recommended that the City Council approve Administrative Policy #028, entitled `Development standards for Alcoholic Beverage Sales'. BACKGROUND Since 1981 the City of Baldwin Park's Municipal Code requires that any new alcoholic beverage sales, both on- site and off -site sales, obtain a conditional use permit by the Planning Commission and/or City Council on appeal. In 1993 (Ordinance 1072), the Municipal Code was amended to include development standards and definitions for those establishments proposing to sell alcoholic beverages. Definitions were included, such as minor commercial retail establishment, meals, off -site outlet (grocery store), on -site outlet (restaurant), abandonment of an establishment, and service club. Development standards included cash register location, property maintenance plan, and security plans. In addition, staff has several standard conditions of approval which are typically included on all conditional use permits as relevant to the proposed location and type of alcoholic beverage sales, either on -site or off -site. Given the City's promotion of a healthier City by establishing and implementing numerous policies, strategies, and ordinances, including the Health and Sustainability Element for the General Plan and No Smoking Ordinances for publically owned properties and multi - family residential properties, the City Council is desirous to continue this forward thinking movement and has directed staff to create a policy which includes, but is not limited to, new development standards, limitations on the increase in off -site licenses within City boundaries, and typical standard conditions of approval relating to alcoholic beverage sales. On July 2 "d, 2014, during a study session, staff presented data on the number of licensees within Baldwin Park, for both on and off -site retailers as well as the number of national credit licensees and small retail, off -brand licensees. Following discussion, the City Council directed staff to prepare a policy which would memorialize the typical conditions of approval as well as the updated development standards including minimum floor area Alcoholic Beverage Sales Policy August 6, 2014 Page 2 for off -site outlets (10,000 s.f.) and maximum allowable floor area for alcoholic beverage sales and display areas (3 %). This updated policy would allow for CUP application consideration for off -site outlets with greater than 10,000 s.f. of floor area, which would also provide consumers /customers a variety and diversity of dry goods for purchase, while the limitation on display area would decrease the visual nuisance associated with alcoholic beverage displays and again provide floor area for other dry goods associated with a one -stop shopping experience. Those off -site outlets with less than 10,000 s.f. of floor area would have to relocate an existing license within Baldwin Park to the new location in order to obtain CUP application consideration. ALTERNATIVE(S) Should this policy not be adopted, the status quo would be maintained. This could result in an increase of conditional use permit applications for smaller off -site sales outlets (i.e. liquor stores) throughout the City. Additionally, without the adoption of this policy, a prospective off -site sales outlet could devote their entire floor area to the display and sale of alcoholic beverages. ATTACHMENTS • Attachment #1, Administrative Policy #028 C:\Amy\P,MY\WORD \Reports \Council Reports\Alcoholic Beverage Policy 2014.doc ATTACHMENT #1 ADMINISTRATIVE POLICY #28 City of Baldwin Park Date: Administrative Policy # 028 Approved by: City Council Authority: SUBJECT: Development Standards for Alcoholic Beverage Sales Mayor, Manuel Lozano The objective of this policy is to establish guiding development standards and provide standard conditions of approval for those Applicants seeking conditional use permit for alcoholic beverage sales within the City of Baldwin Park in accordance with Section 153.120.050 in the City's Municipal Code. Since 1981 the City of Baldwin Park's Municipal Code requires that any new alcoholic beverage sales, both on -site and off -site sales, obtain a conditional use permit by the Planning Commission and /or City Council on appeal. In 1993 (Ordinance 1072), the Municipal Code was amended to include development standards and definitions for those establishments proposing to sell alcoholic beverages. Definitions were included, such as minor commercial retail establishment, meals, off -site outlet (grocery store), on- site outlet (restaurant), abandonment of an establishment, and service club. Development standards included cash register location, property maintenance plan, and security plans. In addition, staff has several standard conditions of approval which are typically included on all conditional use permits as relevant to the proposed location and type of alcoholic beverage sales, either on -site or off -site. Given the City's promotion of a healthier City by establishing and implementing numerous policies, strategies, and ordinances, including the Health and Sustainability Element for the General Plan and No Smoking Ordinances for publically owned properties and multi - family residential properties, the City Council is desirous to continue this forward thinking movement and has directed staff to create a policy which includes, but is not limited to, new development standards, limitations on the increase in off -site licenses within City boundaries, and typical standard conditions of approval relating to alcoholic beverage sales. DEVELOPMENT STANDARDS 1) Floor area for proposed new off -site outlet licenses shall be no less than 10,000 square feet of floor area, unless Applicant is proposing to relocate an existing off- site license within the City of Baldwin Park boundaries to a new location within the City's boundaries. 2) Off -site sales outlets shall not devote more than three percent (3 %) of their overall floor area to the sales and display of alcoholic beverages. 3) Promote conditional use permit applications for 'Eating Places; as defined by the CA Department of Alcoholic Beverage Control (ABC) (License Type 41 and /or 47) TYPICAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) (ON AND OFF -SITE SALES 1) Conditions of approval typically included with off -site sales CUP's: a) Hours of sales b) No loitering c) Removal of graffiti within 24 -48 hours d) Site shall be kept in a neat and orderly manner e) Security cameras f) Reduction in allow area of window signage g) Prohibition of individual sales of cans or bottles (primarily applies to beer) h) Security maintenance plan i) Compliance with Alcoholic Beverage Control (ABC) regulations j) Maintain current emergency information on file with the City's Police Department 2) Conditions of approval typically included with on -site sales CUP's: a) Sale of alcoholic beverages (e.g. `last call') b) Hours of operation c) Signage: No alcoholic beverages may be removed from premises d) Alcoholic beverages shall be served and /or sold with a meal and not with items commonly considered to be snack food (e.g. chips, pretzels, peanuts and the like) e) Provision to provide public transportation information to those patrons which appear intoxicated. If public transportation is not available, a taxi shall be called. On- going, up to date list of taxi services within Baldwin Park f) Noise conditions for those places with live entertainment , karaoke or similar. g) Compliance with Alcoholic Beverage Control (ABC) regulations h) Security system /cash register placement The above conditions are not intended to be the complete listing of conditions for all potential conditional use permit applications. Staff reserves the right to include all conditions of approval which are specific to the proposed location /site and overall proposal as submitted by an applicant. 2 STAFF REPORT SUMMARY ITEM NO. # 9 TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Community Development Ma DATE: August 6, 2014 SUBJECT: Public hearing of the City Council to adopt a resolution and the City's 2014 Congestion Management Program Local Implementation Report This report requests City Council self - certification of compliance with the Los Angeles County Congestion Management Program. FISCAL IMPACT There is no fiscal impact associated with this item. It is recommended that the City Council open the public hearing, receive any public comment, close the public hearing and adopt Resolution 2014 -027, "A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." BACKGROUND In 1992, the Congestion Management Program (CMP) forged new ground in linking transportation, land use and air quality decisions for one of the most complex urban areas in the Country. The CMP has been continuously updated as a result of a voter - approved initiative (Proposition 111); however, the most recent update was approved by the MTA Board in July 2004. The state legislature requires the MTA to annually monitor and determine that local jurisdictions are in compliance with the CMP. A self - certification process has been established by the MTA to simplify the process for both the local jurisdictions and the MTA. The City's Planning Division has been tracking development projects in accordance with the CMP Deficiency Plan process since 1994. However, as part of the approval of the 2003 Short Range Transportation Plan, the MTA Board authorized a nexus study to evaluate the feasibility of implementing a congestion mitigation fee and, as a result, the requirements for maintaining a positive credit balance have been suspended. Attached to Resolution 2014 -027 is a copy of the City's Local Implementation Report (LIR) for the reporting period of June 1, 2013 to May 31, 2014. The report shows development activity for residential, commercial, and non - retail development sectors. The balance was arrived at by subtracting the new development adjustments (i.e. demolitions) and any exempted development activity from the sum of all new development. CNV Self - Certification August 6, 2014 ALTERNATIVES) Should the City Council chose not to self - certify itself through this process as a result of METRO'S requirements, it could result in the loss of Gas Tax to the City. ATTACHMENTS • Attachment #1, Resolution 2014 -027 with 2014 CMP Local Implementation Report Report Prepared by: Amy L. Harbin, AICP, City Plun C:WmyWMY\WORD \Reports \Council Reports \CMPLIR74.doc ATTACHMENT #1 RESOLUTION 2014 -027 W/ 2014 CMP LOCAL IMPLEMENTATION REPORT RESOLUTION 2014 -027 A RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ( "LACMTA "), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September 1 of each year; and 2014. WHEREAS, the City Council held a noticed public hearing on August 6, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2010 CMP adopted by the LACMTA Board on October 28, 2010. a) The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. b) The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. c) The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2010 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 6th day of August, 2014. MANUEL LOZANO. MAYOR ATTEST: ALEJANDRA AVILA CITY CLERK STATE 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 No. 2014 -027 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on August 6, 2014 by the following vote: AYES: MEMBER: NOES: MEMBER: ABSENT: MEMBER: ABSTAIN: MEMBER: ALEJANDRA AVILA CITY CLERK City of Baldwin Park Date Prepared: July 17, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Contact: Amy L. Harbin, AICP, City Planner Phone Number: (626) 960 -4011, x475 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#value!" cells on this page are automatically calculated Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling Units Single Family Residential (6.00) Multi - Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON - RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000- 299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional /Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non - residential sq. ft. (in 1,0C 1,000 Net Sq.Ft 2 7,142.00 0.00 0.00 1,000 Net SuTt 2 0.00 0.00 0.00 0.00 0.00 3,600.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 r� J Page > 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. City of Baldwin Park Date Prepared: July 17, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART 1: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 6.00 Multi - Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 7,150.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000 - 299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 3,600.00 Government 0.00 Institutional /Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Page 2 City of Baldwin Park Date Prepared: July 17, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART 2: NEW DEVELOPMENT ADJUSTMENTS IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 12.00 Multi-Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 8.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft. ) 0.00 Office (50,000- 299,999 sq.ft. ) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional /Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Page 3 City of Baldwin Park Date Prepared: July 17, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ' DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing Dwelling Units High Density Residential Dwelling Units Near Rail Stations Mixed Use Developments 1,000 Gross Square Feet Near Rail Stations 01 Dwelling Units Development Agreements Entered 01 1,000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings 1,000 Gross Square Feet Damaged due to "calamity" 0 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 1 01 Dwelling Units Total Dwelling Units 0 Total Non - residential sq. ft. (in 1,OOOs) 1 0 Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low - Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally precluded projects do not have to be reported in the LDR.