HomeMy WebLinkAbout2014 10 15AMENDED 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, OCTOBER 15, 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 Amended Agenda.
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 October 9, 2014.
Alejandra Avila
City Clerk
AMENDED AGENDA
BALDWIN PARK CITY COUNCIL
STUDY SESSION /SPECIAL MEETING
Please note
time and
OCTOBER 15, 2014 o�at�on
5:30 PM
CITY HALL — 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
W A!? R-2
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 GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la
on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion.
wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o
Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed three (3) Communications) anunciado en 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 para su conveniencia.
(This Agenda has been revised to add Closed Session Item No. 3. All other items for
Open Session /Study Session and Closed Session remain the same.)
CITY COUNCIL
STUDY SESSION /SPECIAL MEETING
WEDNESDAY, OCTOBER 15, 2014 — 5:30 P.M.
(This Agenda has been revised to add Closed Session Item No. 3. All other items for Study
Session and Closed Session remain the same.)
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 DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
STUDY SESSION / OPEN SESSION
1. CONSIDERATION OF AMENDMENT TO SIGN ORDINANCE WITH REGARD TO NEW
TEMPORARY SIGNS AND BANNERS
2. CONSIDERATION OF AMENDMENT TO ALLOW DIGITAL SIGN PERMITS
3. CONSIDERATION OF BILLBOARD CODE CHANGE
RECESS TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: Potential Case(s): Two (2)
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9:
Name of Case: Hadsell v. City of Baldwin Park
Case Number: BC548602
Name of Case: Paul Cook v. Manuel Lozano
Case Number: 14GO7301
Name of Case: Flores v. City of Baldwin Park
Case Number: BC560081
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN #8554 - 001 -913, located generally on Bogart Ave at E Pacific Ave
Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Marc Castagnola
Negotiating parties: Los Angeles Regional Interoperable Communications System
Authority
Under negotiation: Terms and price
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 October 9, 2014.
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 rcaballerop_baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE Il)
Z' •
OCTOBER 1
7:00 '
COUNCIL •
14403 E. Pacific Avenue
11aldwin Park, CA 91706
•
BALDWIN
P - A- , i
Manuel Lozano - Mayor
Ricardo Pacheco - Mayor Pro Tern
Cruz Baca - Council Member
Monica Garcia - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. if you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que este bajo su jurisdiccion. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
* *Agenda Amended on Friday, October 10, 2014 at 10:30 am to remove Item #9
3 -Party Agreement with Fitness Internationi, LL /Hogle- Ireland, Inc. and The City of Baldwin Faris)
*Agenda Items Re-Numbered after revision was made.
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. .!,,,14 i L . ,'} �e�, �� ,Fw a . S a � w3
CITY COUNCIL
REGULAR MEETING — 7:00 P
Council Members: Cruz Baca, Monica Garcia,
Susan Rubio, Mayor Pro Tern Ricardo Pacheco
and Mayor Manuel Lozano
• • X6- r Lem I
Uri, ►C419r,1 (q #M?k1K
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
Proclamation recognizing October as Domestic Violence Awareness Month
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 un less it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracidn en juntas proximas. [Codigo de Gobierno §54954.2]
City Council Agenda — OCTOBER 15, 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.
Staff recommends City Council ratify the attached Warrants and Demands Register.
Receive and file:
1) Meeting Minutes of December 18, 2013, for the Special Meeting and Regular
City Council Meeting.
2) Muting iviinutes of January 15, 2014, for the Regular Council, Finance Authority,
and Housing Authority meetings.
3) Meeting Minutes of February 19, 2014, for the Special Meeting, Regular City
Council, Finance Authority, and Housing Authority meetings.
4) Meeting Minutes of June 18, 2014, for the Study Session /Special Meeting,
Regular Council, Finance Authority, and Housing Authority meetings.
5) Meeting Minutes of July 2, 2014, for the Study Session /Special Meeting, Regular
Council, Finance Authority, and Housing Authority meetings.
6) Meeting Minutes of July 16, 2014, for the Special Meeting, Regular City Council,
Finance Authority, and Housing Authority meetings.
7) Meeting Minutes of September 17, 2014, for the Study Session /Special Meeting,
Regular Council, Finance Authority, and Housing Authority meetings.
Staff recommends that City Council reject the following claims and direct staff to send
the appropriate notice of rejection to claimant(s):
Go Ong, Rosalinda Sally: Claimant alleges trip and fall on City property
Staff recommends that City Council:
1. Authorize the purchase of the FuelMaster Fuel Management System under a
cooperative purchase agreement maintained by the National Joint Powers
Alliance, in accordance with Baldwin Park Municipal Code Section 34.37; and
2. Authorize the Director of Finance to make appropriate transfers and fund
adjustments.
City Council Agenda — OCTOBER 15, 2014
Page 3
5. APPROVE STATION • SHARING AGREEMENT WITA TAE
COUNTY OF
Staff recommends that City Council approve and authorize the Mayor to execute the
cost sharing agreement.
Staff recommends that City Council:
1. Authorize La Canada Design Group to prepare construction plans and
specifications for the proposed Civic Plaza in accordance with the attached scope
of services; and
2. Authorize the Director of Finance to make appropriate transfers and fund
adjustments.
APPROVE 7. RESOLUTION NO. 2014-036 D , RESOLUTION OF
CITY OF r PARK i r
FOR - DESIGN"
Staff recommends that City Council approve and adopt Resolution No. 2014 -036
entitled "A Resolution of the City of Baldwin Park Adopting the City of Baldwin Park
Manual for Living Streets Design" that establishes guiding principles and design
elements so transportation improvements are planned, designed, constructed,
operated and maintained to encourage walking, bicycling and transit use while
promoting the safety of all users.
Staff recommends that City Council:
1. Accept the construction improvements by Principles Contracting, Inc., and
authorize the recordation of a Notice of Completion (NOC) with the Los Angeles
County Recorder's Office; and
2. Authorize the payment of $43,349.10 (5 %) construction retention funds to
Principles Contracting Inc., upon expiration of the 35 -day lien period.
COUNCIL S. APPROVE RESOLUTION NO. 2014-037 ENTITLED "A RESOLUTION OF THE
CITY OF BALD BALDWIN PARK APPROVING
FOR TRACT MAP 68487"
Staff recommends that City Council approve and adopt Resolution No. 2014 -037
entitled "A Resolution of the City Council of the City of Baldwin Park Approving the
Final Map for Tract Map 68487."
r APPROVE • • r 2014-038 ENTITL-r "A RESOLUTION OF
ACCORDANCE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES IN
•' 011 TO SECTION 22045 OF I#
CONTRACT •
Staff recommends that City Council approve and adopt Resolution No. 2014 -038
entitled "A Resolution of the City Council of the City of Baldwin Park, California,
Adopting the Uniform Public Construction Cost Accounting Procedures in Accordance
with Section 22000 to Section 22045 of the Public Contract Code."
City Council Agenda — OCTOBER 15, 2014
Page 4
11. APPROVE AN AGREEMENT WITH HONEYWELL BUILDING SOLUTIONS T*
PROVIDE HVAC MAINTENANCE SERVICES
Staff recommends that City Council:
1. Approve and authorize the Mayor to execute the HVAC Maintenance Services
Agreement with Honeywell Building Solutions;
2. Authorize the Director of Finance to pay The Berkshire Group a total of $10,432, to
be paid in quarterly installments over the next two years, for negotiation of a
reduced fee contract between the City and Honeywell.
12. APPROVE RESOLUTION NO. 2014-039 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUSPENDING
ENFORCEMENT OF CERTAIN PROVISIONS OF THE BALDWIN PARK
MUNICIPAL CODE REGARDING SEX OFFENDER RESIDENCY AND MOVEMENT
RESTRICTIONS."
Staff recommends that City Council approve and adopt Resolution No. 2014-039
entitled "A Resolution Of The City Council Of The City Of Baldwin Park, California,
Suspending Enforcement Of Certain Provisions Of The Baldwin Park Municipal Code
Regarding Sex Offender Residency And Movement Restrictions."
Staff recommends that City Council:
1. Authorize the upgrade of one part-time City Services Worker position to a Graffiti
Crew to Maintenance Worker 1; and upgrade of the currently vacant Engineer
Assistant position to Associate Engineer; and
2. Authorize the Director of Finance to make appropriate transfers and fund
adjustments.
• -8 1 M 121 XORT-Al Medl:l 4:" ILI 19:4 :to
Staff recommends that City Council approve and authorize the Mayor to sign the LTE
Site Agreement with the Joint Power Authority for the Los Angeles Interoperable
Communications System for placement of a Long Term Evolution Broadband
monopole on City property.
None.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS
None.
City Council Agenda — OCTOBER 15, 2014
Page 5
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 9t" day of October 2014.
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(a)baidwinr)ark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — OCTOBER 15, 2014
-..-
TO: Honorable Mayor and Members of 1
FROM: Craig A. Graves, Director of Financ
DATE: October 15, 2014
SUBJECT: WARRANTS AND DEMANDS
On
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the
City Council.
RECOMMENDATION
Staff recommends the City Council ratify the attached Warrants and Demands Register..
FISCAL IMPACT
The payroll for the last period was $345,987.16 and the attached General Warrants Register were
$1,127,020.47 for a total amount of $1,473,007.63.
LEGAL REVIEW
None Required
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 196529 - 196561.
Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of
City Employees from control number 237320 - 237554 for the period of August 17, 2014
through August 30, 2014 inclusive; these are presented and hereby ratified in the amount
of $345,987.16.
General U ' th tot amot f t arr an s including �ec num.bAr 2n1 968 o 202158 . n e al „no
$1,127,020.47 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.
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BALDWIN PARK CITY COUNCIL SPECIAL MEETING
DECEMBER 18, 2013 6:30 P.M.
CITY HALL – 3 Id Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
The meeting was called to order • Mayor Lozano at 6:30 p.m.
The 4.
I I ie following City Council members were in attendance:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
None.
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph(l) subdivision (d) of Government Code Section 54956.9
Mark Adams, et al. v. City of Baldwin Park, et al., Case No. CV12-00512
Consolidated with Baldwin Park Police Officers Association, et al., v. City of
Baldwin Park, Case no. 13-001534
1. Granting the City authority to designate, fill and place in the current
budget two personnel positions:
A. Deputy City Clerk
B. Police Captain
MOTION: A Motion of the City Council granting the City authority to designate,
fill and place in the current budget two personnel positions (1) Deputy City Clerk;
(2) Police Captain
City Council Special Meeting Minutes
12/18/13
Mayor Lozano stated that the case discussed in Closed Session, Mark Adams, et al. v.
City of Baldwin Park, et al., Case No. CV12-00512 Consolidated with Baldwin Park Police
Officers Association, et al., v. City • Baldwin Park, Case no. 01 settled by a
vote of
EIA0111"100
Motion was made by Lozano, second by Pacheco, and carried 5-0 to adjourn the Special
Meeting at 6:45 p.m.
City Clerk
M��
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
DECEMBER 18,2013
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order by Mayor Lozano at 7:00 p.ra
T he invocation was provided by Mayor Lozano.
The Pledge of Allegiance was led by Mayor Lozano.
The following members of the City Council were present:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
1 711 11�111jp "I
• Certificate recognition to the Baldwin Park High School Cross Country Team.
Mayor Lozano announced the Baldwin Park High School Cross Country Team
recognition.
Council Member Rubio recognized Mayor Lozano, who read the student's
biographies, and presented certificates to the athletes.
• Z TO •
Al Contreras asked for Item 2 to be pulled from the Consent Calendar for further
explanation to citizens.
City Council Regular Meeting Minutes
12/18/13
Mr. Luna congratulated everyone, and stated that the overpass in Baldwin Park needs
to be cleaned by the owners of the sides of the freeway.
Daniel Machado thanked the cross-country team.
Thomas &erry stated that he is a Tormer resitera aria recur I it IIZFIU-647=��
promoted through ranks. He also congratulated the Braves, and thanked the City for
getting rid • Ordinance 12•0.
A4.4--, WiSk-A D�IAn ParL, Anf-icion-makere . the best.
Joe Pinnone, previous City' f-ULVI I IUY, M-lu LJCAIUVVI 11\ IA I+VIJ{VI{
Paul Hernandez states that the City needs to move forward with the partnership with the
Water Board. He also offered his services to the City.
John Rios congratulated everyone and asked that Walnut Creek Park be made better.
He stated that he is pleased with the new council majority, and asked the majority to fire
Manny Carrillo.
Julian Casas commended the Council for the change in staff they made, and stated that
he now feels confident in the City's leaders. He also raised concerns with Manny
Carrillo's salary raise and asked for the termination of Manny Carrillo.
Paul Cook congratulated Chief Taylor. He also noted the changes that have taken
place after Manny Carrillo took charge; he noted concerns with the number of programs
that are being cut, and with Manny Carrillo's salary.
Mayor Lozano clarified that Manny Carrillo has not received a raise, and that the
numbers being noted are unfounded. He also stated that he supports Manny Carrillo.
Council Member Garcia acknowledged Manny Carrillo for being the director of the
program, and stated that his leadership has provided many benefits. She noted that it is
unfortunate that individuals use Public Comment to present hateful speech. She also
noted that payments and fees should be analyzed. She addressed Mr. Rios about his
request for improvements in Walnut Creek Park and stated that half a million dollars
have been allocated to it.
Council Member Rubio stated that she would prefer positive comments be presented
during Public Comment.
Council Member Baca asked Mayor Lozano to remember that peace can be brought by
example, and noted that peace is a collective effort.
Mayor Pro Tern Pacheco noted that Manny Carrillo's job is difficult and that he receives
the pay arwhatever a public director makes. He also asked that allegations be brought
fi��
City Council Regular Meeting Minutes
12/18/13
[hrough proper channels, and noted that he supports Manny Carrillo. He noted that
transparency was campaigned when they were elected, and that he would like to see
more transparency during budget sessions.
Council Member Baca requested that an RFP for an audit and forensic be placed on the
next agenda.
plrlllff���
4NZOAi' �Lgl
(Item 110. 0 was pulled from
the Consent Calendar fnr fi irthc:ir ri scussion.)
A motion was made by Pacheco, seconded by Lozano, and carried with no objection
approve Items 1, and 3 through 8 • the Consent Calendar. I
1. WARRANTS AND DEMANDS
Staff recommended City Council ratify the attached Warrants and Demands
Register.
2. APPROVAL AGREEMENT FOR ATTORNEY SERVICES — TAFOYA &
GARCIA LLP
It is recommended that the City Council (1) authorize termination of the
Agreement for Legal Services with Aleshire & Wynder and (2) approve the
attached Agreement for Legal Services with Tafoya & Garcia LLP
Mayor Lozano stated that he believed that a transition would be great for the
City. He added that there was an illegal lack of transparency.
Council Member Baca stated that these allegations are not facts.
Mayor Lozano asked that the City remove the individual that has been selected
as City Attorney because there is a lack of transparency.
Mayor Pro Tern Pacheco stated that the Mayor brought in several firms to work
for the City without much information.
Council Member Rubio asked that Mayor Lozano respect individuals, and give
City Attorney Tafoya an opportunity.
A motion was made by Pacheco, seconded by Rubio, and carried (3-2) to
approve Item 2.
AYES: Baca, Rubio, Pachec,*
NOES: Garcia, Lozano
ABSENT: None.
Mayor Lozano is concerned that City Attorney Tafoya has worked with Attorney
Olivas.
Council Member Rubio asked the Mayor to respect City Attorney Tafoya because
he is the best available.
Council Member Garcia reminded Council Members that City Attorney Tafoya
stated that he would consult with Attorney Olivas who was in a conflict with the
City of Cudahy.
UIL Attorney to provide some background
1 Aem'- er Rubio as'-e' `e City A
Counci IVI E) M I K U L11 L lu U N U
information.
City Attorney Tafoya stated that prior City Attorney Olivas of Cudahy, was not
charged with any crimes, but rather was involved in issues in the City of Cudahy
because the Council Members were corrupt. He stated that he is a graduate
from the University of Michigan who has represented Fortune 500 companies.
Council Member Garcia read a report online about Attorney Olivas being involved
with corruption in the City of Cudahy.
Council Member Baca reminded Council Member Garcia and Mayor Lozano that
they voted for City Attorney Tafoya during Closed Council.
Mayor Lozano noted that this is the vote that counts.
5. ADOPTION OF RESOLUTION NO. 2013-039 ESTABLISHING A GREEft
STREETS POLICY
It is recommended the City Council introduce resolution No. 2013-039 by reading
its title only and waive further reading.
A motion was made by Lozano, seconded by Rubio, and carried with no
objections to correct Item No. 5, which should read, "adopt" instead of
"introduce."
�M*
City Council Regular Meeting Minutes
12/18/13
., . AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST
COAST ARBORIST
Staff recommends that the City Council:
1. Award Maintenance Service Contract to West Coast Arborist, Inc. in
the amount • $95,000; and
2. Authorize the Mayor to execute the attached agreement.
A motion was made • Lozano, seconded by Pacheco, and carried with no
objections to correct Item No. • which should read, "$95,000.00 for a one year
renewal extension."
7. AWARD OF CONTRACT FOR THE STREET SIGNAGE AND IISNS
REPLACEMENT PROGRAM FY 2013-2014
Staff recommends that the City Council:
1. Award Construction contract(s) to AEGIS ITS, Inc; in an amount not to
exceed $68,428.79; and
2. Authorize Staff an allowance of 10% for unforeseen change orders
related to this project from Measure R.
3. Authorize the Mayor to execute the attached agreement.
9��
City Council Regular Meeting Minutes
12/18113
Staff explained the appeal, which would allow this facility on the R-1 residential section
zone. She presented various views of the area, and noted the spaces that would be
developed. She outlined the history of the proposal, and its rejection.
Bruce Ashnoori, owner of Keystone, explained that this project is needed for Baldwin
Park because the community is aging. He explained that a substantial amount of funds
have been spent, and would like to propose an addition of about 2,800 square feet. He
explained that the property has been maintained, and that the property values of
neighboring homes would not be affected.
Joe Lopez, applicant, spoke in favor of the proposal, and stated that improvements to
the property are a good option.
Margarita Vargas stated that it would be a good idea to bring the proposal back in
January because the development will not be a problem for the residents. She noted
that several past residents of Baldwin Park had to move cities because Baldwin Park
did not have a place for the elderly.
City Council Regular Meeting Minutes
12/18/13
Speaker stated that he owns property on Stitchman Avenue, and is strongly opposed t#
the facility because it would bring more traffic when family visits.
Xochitl Pelayo stated that the entire neighborhood has opposed the project, and that
she does now know why Council Members approved this discussion.
Council Member Rubio clarified that the Council has not voted on this issue.
Gabriel Alvarado stated that the company is exempt from complying with environmental
and EPA regulations, and therefore, the City should not develop businesses on this
property.
Gabriel Alvarado stated that this is a residential area, and a business should not be
placed on this property because it will only profit a business and not the City. He also
voiced his concerns about the business's effect on property value.
Amanda Alvarado stated that this street already has crowded parking.
Victor Pelayo stated that this property is not the ideal location for the business because
property values will be decreased. He also stated that there is already a home facility
ten houses away, and that the building will not benefit the community because the
buildings are old and will bring negative impacts to the community.
Speaker noted that residents have strongly opposed this project and do not understand
why Council Members have allowed this project to be presented at meetings.
Mayor Lozano declared the public hearing closed.
Mayor Lozano stated that this property has been vacant for some time, but that he
would prefer that single-family homes be placed on the property instead of the facility.
Council Member Rubio stated that she opposes this project because it is a beautiful
street, and the property is an eye sore to the community. She stated that she would like
to push the Item to the next meeting.
Council Member Baca stated that she is opposed to the project, and she noted that the
property is an eyesore, and that traffic and parking will create issues on the street. She
voiced concerns about buildings on the property that could have lead and asbestos.
Council Member Garcia stated that everyone agrees that the property has not been
maintained, and that the Item should be readdressed at the January 15th meeting.
Council Member Rubio stated that the Council Members are with the residents, and are
taking care of the problem.
§�W
City Council Regular Meeting Minutes 12/18/13
A motion was made by Pacheco, seconded • Lozano, and carried with no objections to
revisit Item
• during the next meeting.
UIMNWOITTVTU��
A motion was made by Lozano and seconded by Rubio, to adjourn the meeting at 9:10
p.m.
Mayor
City Clerk
ME-mum
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
JANUARY 15, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
10� 11614V
The meeting was called tU order bv Mayor Lozano Et7:O5p.Dl.
TheiDVDC8boDvV8Sp[Dvi�3dbv Pastor JGclK5DO.
The Pledge of Allegiance was led by Mayor Lozano.
The following Council Members were in attendance:
Council Member Susan Rubio
Mayor Pro Tem Ricardo Pacheco
Mayor Manuel Lozano
Council Member Cruz Baca
Council Member Monica Garcia
Mayor Lozano @OAVUOC8d his deepest condolences at the passing of Council Member Cruz
B@c8's mother and stated the meeting will be adjourned iO her memory.
Mayor L0Z@Do also announced the passing of former School Board K8e[Db8r and |OOgUOOe
member of the community Bob S8i[ and former H8adSt@rt teacher Linda.
Mayor Lozano 8ODOUDced that former B8/dVViO Park resident K8a[i@ Contreras-Sweet has been
nominated by President CJbaO88tOthe post Of Secretary Of the Small Business Administration.
K8@yO[ Pro Tern Pacheco stated the Cruz family has a 100 year history in B@|dm/iD park and
have done So much for this community including helping to establish Morgan Park.
The K8@yo[ announced, as required by Government Code section 54954.3' OnerDbe[G of the City
Council are also members of the Board of [}iF8CtOnS Vf the Housing Authority and Finance
/\Uthority, which are concurrently convening with the City Council this evening and each [|OUOCi|
K8eR\be[ is paid an additional stipend Of$3O for attending the Housing Authority Qle8tiOQ and
$5O for attending the Finance Authority meeting.
City Council Meeting Minutes 1/15/14
Mayor Lozano stated that he and Council Member Garcia met with the Police Chief and many
groups regarding the DUI checkpoints and he announced that the checkpoint moratorium will
continue until the item can be brought before the City Council in its entirety. Mayor Lozano
stated that Council Member Rubio also met with churches and businesses regarding this issue
and agreed they will continue meeting on a quarterly basis. The Mayor announced that fines
already paid cannot be retracted and the Marticula ID card will now be recognized as
identification in Baldwin Park.
Certificate of recognition to Herminio Escalante for receiving the CCPHA 2013 Guardian
of Health Award. Valinda Campos presented the CCPHA 2013 Guardian of Health
Award to Herminio Escalante. Mayor Pro Tern Pacheco congratulated Mr. E-Scalante
and stated he is a c -a---' for the communit- -
great man and works Very hard ILY.
Update presentation from MRP Mortgage Resolution Partners on Saving Homes, Saving
Cities, Solving the Mortgage Crisis Locally. Antonio Gonzales presented an update on
the CARES (Community Action to Restore Equity Stability) Program and requested that
the City Council consider a JPA partnership with Richmond, CA to help 600
homeowners from foreclosure.
Mayor Pro Tern Pacheco requested that the City Manager and City Attorney bring this
item to the next City Council meeting.
PUBLIC COMMUNICATIONS
Mayor Lozano declared Public Communications open.
Isidro Gonzalez, Immigrant Youth Coalition, stated the massive DUI checkpoint resulted in the
arrest of 32 people and Consular IDs were not accepted as identification at the checkpoints. He
said the police refused the Consular IDs but when the people were asked to pay their fines, it
was accepted at that time. He said we are here as a community so that we can all address this.
Nicolas Gomez, resident, stated that the checkpoints affect even those who are not residents.
He said he was arrested on the 28th and wasn't allowed to speak to his relatives or a lawyer. He
said the police department wasn't ready for this because there were too many people and they
couldn't handle it. He said he gave the officers his driver license number and they still kept him
here and they didn't allow him a phone call.
Public speaker stating he is a concerned member of the community and it's a sad day when the
local police become the local gestapo. He said his family didn't serve in Iraq and Afghanistan
so people can be rounded up here and taken to jail for not having papers.
Jessica Valenzuela, a student and 16 year resident, stated that she was not arrested but it
affected her community. She said it's the Mayor's responsibility to attend to the community and
the Council should continue having these meetings and keep communication open.
Alani Bonilla, graduate of Cal State Los Angeles, stated there is abuse of authority in this
community and the Council funds the police department so are, therefore, responsible for this
behavior. She said its abuse of authority and it's well known in this community.
City Council Meeting Minutes 1/15/14
Cliff Smith, representing [nc8| RVOf2[S UDk}O 38. stated they cDOdeDlD the disgraceful 8ctOOS
of the police department, and that the majority OfpeOp|e arrested were not for alcohol problems.
He Said the moratorium offered is insufficient and that the pO|iC8 need to be disciplined and
extend @ formal apology.
JU8D Herrera stated his Ca[ broke down between B@|dVYiO Park and E| K8OAte and there was a
checkpoint and the police officer impounded his car. He said his cODlpi8iOt is about the
iDlpDUOd yard not the police department. He Said there were i{e[08 OoiSSiOg from his car when
he got itback.
Resident speaker said she was exiting the freeway and was t8hBO in for OO license. She Said
she was searched and kept iO jail for five (5) hours, fingerprinted like a criminal and her car was
impounded. She added that because there was only one woman working in the /8i|. th�yk8pt
her there longer.
K8@de|iD8 De RiOS, stated she was here to t@\h about the civil rights violation that occurred in
December. She said there were several violations Of |GvV by the Baldwin Fz@[k PD|iCa
Department.
M[ MOn8|eS. resident Of Baldwin Park for most Of his life, stated he was arrested and the police
didn't accept his Dl8t[)cU18 card 8D he was taken into custody for three (3) to fOU[ /4\ hOU[S and
was not allowed tomake phone c8i|S.
Public Speaker said she would like tosee the City be more flexible with the CoDlOOUOity. stating
they are here to work and are not C[i[DiO@|S. She asked the police to p|88Se not take her truck
because her babies have respiratory p[Ob|eDls, but they impounded the truck anyway and they
had tV walk home iOthe cold.
Veronica Thomas an El Monte resident stated she is an activist and they warn people about the
checkpoints. She said signs at the checkpoint were not visible and that is against the /QVv. She
asked Mayor Lozano if Royal Coaches paid contributions to his C@OOp8igD and said they are
tined of the police stealing cars.
Public Speaker stated that justice is V8[y good because it was established by the hand of God
and the City Council should listen to their community.
Public Speaker stated he was there FepFeS8OtiOQ his dad who is 8 Very respectful Dl@n and
vv0d{S hard and fBB|S that it is not fair that people like his dad need to be 8C@Fed. not only for not
being documented but also for not having a California |O. He said his dad wasn't charged but
still has t0pay.
Public Speaker U[Q8d the COQDCi| to validate the cOD8U|@[ |D, stating if his |D isn't 0OOd then
hOVV is he going to identify himself.
Maria Cabrera stated it's SC@[y to know that every day your Dlonl might not get home because
she might get stopped Edacheckpoint. She stated that if she doesn't get to work vve won't have
money tO eat 0r pay for the rent. She added it's not fair for her tO have her car get taken away
and added it's not just her mom, it's everybody.
Cynthia Anderson BBrher, Civil Flights LavVyer, stating the City CaO return this money they fOOk
from the community, adding that some of you are receiving donations from the towing company.
City Council Meeting Minutes 1/15/14
She said the City violated the law at this checkpoint and they have the power to return the
money.
Benjamin Wood resident of Montclair and a checkpoint activist stated that in 1992 they decided
it VVGS 8 Vi0|8ti0D of the 4th amendment and the pnDb|en0 we have here is that the police have
too much power. This is 8 nlesS8Qe not just to your City COUOCi| but to La Puente and other
Cities.
[|DU8eD Flynn, National LaVvy8nS Guild, stated that what happened in OecBDlb8[ was an
egregious violation of the |aVV and she does COOnOn8Od the [|DUOCi| for saying they are QD|Dg to
stop these checkpoints. She said the City should reimburse the victims.
HUDlbert8. resident OfBaldwin Park for 18 years stated he was stopped k"VV8St (}Ovinn OO|iCin
and he asked where he was going. He stated he told them he was going home and they said
okay be safe. Then he was pulled over by B8|dVViO p@[h Police with his children in the car and
they started crying.
LUciDa Ponce, stated she was coming from the Dl@[het and got stopped at @ checkpoint OD
Arrow Highway and her car was impounded and she had to walk down Arrow Highway with her
groceries and she wasn't the only one. When she went tO pick Up her car she was told that it
was in |nNiOd8|8 then in PDDloO8. S0 by the time She went to PO0oO3 it was too |8t8. She was
charged $4OO for the impound, $5OO for the citation and $1DO for the paperwork.
Resident speaker stated that people are losing their homes and people should be protesting at
the banks. He said in California it's a privilege to drive @ C8[ and in this country we give
everybody privileges. He added if you t8h8 @ trip to another country and break the |8vV, you go
to jail.
Hugo F1zeC, [Gsid8Ot, thanked the City Council for the DlO[8t0FiuD1. He said it was Gh@DlefUl
what happened in December and it's C|e8[ that what you were doing is |OOhiDg for
undocumented immigrants tO pad the coffers. He said the moratorium should continue.
A| '8Odr@ C8Sti||V. graduate Of 8i8[[@ Vista High GChoo|, asked to not forget the humanity
behind the statistics and reminded everyone these are people not statistics.
Margaret Burnett, stated she has lived in B@|dVViD Park since 1948 and she VV8Dt8 to thank the
Police Department for the xvODde[fU| VVO[k they are doing. She said the |aVV states you must
have G valid California license and have your car insured. She urged the City Council tO let the
Police Department to COOtiAUe having these checkpoints S0 that BV8[y automobile is iOSV[8d
and have G driver license.
ThODl8G C@[ey, resident, stated that driver |iC8nSeS are @ privilege and if you don't have @
license you don't drive.
John F{inS, resident, stated he thinks having 8 driver license and insurance is a beautiful thing.
He said if you drive in Mexicali without the proper documentation you get fined.
Jose C|a|de[VO, President Latino-Latina ROUOdtab|e, stated he commends the City OD stopping
the vehicle impounds. He urged the Council to use their power to eOSUF8 that the police fO||OVV
the |GVv. He said in this C8s8. the \aVY was broken because if a pg[s0O is stopped at a
checkpoint they have the right to call someone to pick Up their car. He said the City benefits
City Council Meeting Minutes 1/15/14
from impounds because a lot of the cars that are impounded are never claimed so the City sells
them for a profit.
Jessica Parrio, resident of Baldwin Park since moving from her country, stated the law was
broken. She said the Trust Act enacted this year prohibits law enforcement from calling ICE on
undocumented immigrants.
Public speaker addressed the audience members who are calling us criminals, stated it's not
just about the checkpoint it's about civil rights being taken away. She encouraged the police
and those audience members to talk to the residents and try and relate to what we are going
through.
Melissa Ayala, Latino-Latina Roundtable, stated she is supporting her immigrant and
d
I IlLy — I
believes that driving is a necessity. She doesn't -agree- witin having checkpoints cat nine kV) 999 Ult::
morning. People have driver licenses from their countries but they can't get one here, but in
January 2015 people will have that opportunity.
Danielle, public speaker, stated that Maywood was the first City to get rid of its checkpoints.
She said the City was collecting $4.5 million a year from towed cars and the tow company was
giving perks to police officers.
Yessica with Immigrant Youth Coalition, stated the checkpoint was racial profiling the
community and if the City doesn't stop they will organize and make it stop.
Paul Cook stated he has worked on checkpoint cases and would fight to get cars back. He said
Mayor Lozano is known as the palabras man and benefits from campaign contributions from
Royal Coaches.
Cruz (NO LAST NAME GIVEN), stated he was driving on Main Street and a motorcycle officer
pulled him over for not wearing a seat belt. He told the officer that his car was old and he only
had the bottom seatbelt. He said the officer then told him his back light was out and gave him a
ticket. He added that officers should know that older cars only have a seatbelt on the bottom.
Alfredo Santiago, resident who went to school here and graduated, presented a petition with
four (4) demands including AB4, a moratorium on checkpoints, reimbursement of arrest and
impound fees and adoption of a resolution allowing the use of Matricula Consular cards as
identification in Baldwin Park.
Public speaker stated he is a lifelong resident since 1965 and hopes that we can find a quick
resolution to this.
Greg Tuttle, businessman, asked why he has to live legal and immigrants can come here and
break the law and expect special privileges. He said if you don't like your cars towed and
impounded then take the bus, train or bicycle.
Cecilia Cruz stated there is an officer who patrols on Pacific day and night because he has
stopped her twice. She said he should be patrolling Morgan Park where people are doing
drugs.
Public speaker thanked the few people that talked about the real reasons the checkpoints are
wlaced in the community and stated its hate against the community, hate of people of color. He
gaid these people come here peacefully to work.
City Council Meeting Minutes
1/15/14
There being no additional speakers, the Mayor closed Public Communications at 9:15 p.m.
Mayor Lozano stated that he is committed to continue dialogue with the public and to attending
quarterly meetings. He emphasized that everyone should respect one another despite their
differences and requested that the moratorium item be agendized for the next City Council
meeting.
Mayor Pro Tern Pacheco thanked the public for coming out and listening to one another. He
stated the law passed in 1993 not allowing undocumented immigrants' driver licenses hurt a lot
of our families, is unfair and he sympathizes with everyone. He said in 2010, Baldwin Park had
issues with the checkpoints and the City revised the policy and we are one of the most
reasonable checkpoints. He asked the Police Department to hold off on checkpoints for the
next two (2) months until the item can be put on the agenda for discussion.
rKel 6
�6*11
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
Staff recommends that the City Council receive and file the October 2013 & November
2013 Treasurer's Report.
A motion was made by Lozano, seconded by Rubio, and carried (3 — 0) to approve the consent
calendar.
AYES:
Rubio, Pacheco, Lozano
NOES:
None.
ABSENT:
Baca, Garcia
ABSTAIN:
None.
ADJOURNMENT
A motion was made by Lozano and seconded by Rubio to adjourn the City Council meeting at
9:32 p.m. to the Finance Authority and Housing Authority meetings and in memory of Council
Member Cruz Baca's mother; Bob Gair former School Board Member and Linda (No Last Name
Provided) former Headstart teacher.
Mayor
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING
JANUARY 15, 2014, 7: 00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
The meeting was called to order at 7:05 p.m. and recessed.
•
The meeting was reconvened at 9:32 p.m. with all the following Board Members present.
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
Absent:
Board Member Cruz Baca
Board Member Monica Garcia
ILN 0 IT
1. TREASURER'S REPORT: OCTOBER 2013 & NOVEMBER 2013
Staff recommends that the City Council receive and file the October 2013 & November
2013 Treasurer's Report.
A motion was made by Lozano, seconded by Pacheco, and carried (3 — 0) to receive
and file the Treasurer's Report for October 2013 & November 2013.
AYES:
Rubio, Pacheco, Lozano
NOES:
None.
ABSENT:
Baca, Garcia
ABSTAIN:
None.
1r. • ;'►T1140,101
A motion was made by Lozano, seconded by Pacheco and carried (3 — 0) to adjourn the
Finance Authority meeting at 9:33 p.m.
Finance Authority Minutes
Chair
FWAVARM
City Clerk
1/15/14
MINITES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETING
JANUARY 15, 2014,7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order at 7:05 p.m. and recessed.
.1 X9• XTIJ A � F9
The meeting was not reconvened and no action was 'Laken.
Nffielwi"i A
The following Board Members were present:
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
Absent:
Board Member Cruz Baca
Board Member Monica Garcia
Staff recommends that the City Council receive and file the October 2013 & November
2013 Treasurer's Report.
AIM
ATTEST:
City Clerk
MINUTES
!ALDWIN PARK CITY COUNCIL SPECIAL MEETING
February 19, 2014, 5:30 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 917W
City Council Special Meeting Minutes
4. CONFERENCE WITH LABOR NEGOTIATORS pursuant to (GC§54957.6)
Agency designated representatives: CITY ATTORNEY
Unrepresented Employee: FINANCE DIRECTOR
2/19/14
City Attorney Tafoya reported no final action was taken on these items, thus there is nothing to
ri-nnrt
T. " AIS
The Special Meeting was adjourned at 6:45 p.m.
Mayor
ATTEST:
City Clerk
9��
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
F E B RUARY 19, 2014, 7: 00 P. M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
ILK11ne'A InLI
,NVOCATION1
The following members of the City Council were present:
Council Member Cruz Baca
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
Council Members absent:
Council Member Monica Garcia (It was noted during roll that Councilmember Garcia
would join the meeting online at about 8:00p.m)
1?
Jq
PIresentation from Manager for MCM Construction to provide an update on the I-
10 and 1-605 projects.
City Council Regular Meeting Minutes
Unnamed contractor gave an update on the bridge that is being constructed.
She provided various views of the bridge, and specified the dimension of the
bridge. She noted that this is a sixty-six million dollar project, which will be
finished in the Fall 2015. She noted that the benefits of the bridge connector are
to improve traffic flow and provide for a smoother motorist entry. She provided
methods for communication about the project through Facebook, leaflets, and an
Internet website.
Mayor Pro Tern Ricardo Pacheco stated that this is a great project, and asked
where the overpass would end on the 1-10 going east.
, St _B •- •e.
- --cond contractor noted that the bridae would ao over the Ethel Street ridQ
He also clarified that the power lines have already been raised.
Unnamed resident asked why the bridge is only one lane instead of two.
Contractor noted that Caltrans, study indicated only one lane was needed.
Council Member Rubio thanked the contractors for their good communication.
Council Member Baca asked when the freeways would be closed.
Contractor answered that the freeways would not be closed during the day.
Presentation about Drought Situation by the following Water Agencies:
• Upper San Gabriel Valley Municipal Water District
• San Gabriel Valley Water Company
• Valley County Water District
• Valley View Mutual Water District
Representative from the Municipal Water District emphasized that Southern
California, particularly the San Gabriel Valley, is not in a state of crisis with
regards to water supply like other parts of the state thanks to the planning of
water agencies. He noted that prices in the water market are very high. He
explained that locally, the City receives about eighteen and a half inches of
water, but that there is currently a deficit. He explained how the agency uses the
Colorado River, and Hoover Damn for water supply. He asked for help to get the
message out for steady water conservation, and announced that they are
applying for the SoCal Water Conservation Challenge.
Dan Arrighi, President of the San Gabriel Valley Water Company, stated that
Baldwin Park's water conservation program is not mandatory, and asked
customers to continue to conserve water, and participate in water rebate
903�
City Council Regular Meeting Minutes 2/19/14
Mr. Arrighi stated that early morning or late afternoon is the best time.
Linda, Staff Member from Valley County Water District, introduced the members
of the Board of Directors in attendance. She announced that there would be a
board meeting to discuss conservation messaging for the constituents, and a
water smart software program to educated constituents. She noted projects
being implemented to bring water conservation programs to schools, and to
notify customers about water conservation. She stated that there is a water
conservation garden that is coming to life, and encouraged constituents to speak
with the Valley County Water District, about proper water-friendly vegetation.
Mr. Luna stated that three minutes is not long enough to speak. He stated that Caltrans
does not do a good job with cleanup, he was upset about tax money used, and stated
that the City needs water barrels.
Julian Casas, head boxing coach at Morgan Park spoke about the fact that Baldwin
Park boxing coaches have the lowest salaries in the area.
Paul Eslina, youth minister of Victory Outreach, thanked the Mayor and Council Member
Baca for attending their event. He spoke about the various projects that Victory
Outreach is involved with.
Derek Villavicencio stated that he is a student who has benefited from boxing programs,
and that he is in support of better salaries for boxing coaches.
Oscar Fuentes stated that he supports Mr. Casas and Mr. Rosales so that they receive
a higher salary.
Angel Rodriguez stated that he supports better salaries for boxing coaches.
Rene Huerta stated that he has known Mr. Casas since he was nineteen (19).
Bruno Pacina stated that Mr. Casas helps change young individuals for the better.
Julian Castro, Mr. Casas' father stated that the salaries for coaches are unbalanced.
Jose thanked Mr. Casas because he is helping him work for a professional boxing
career.
"IF
My;,-�
City Council Regular Meeting Minutes
2/19/14
Alejandro Vera spoke about the memories he has built with Mr. Casas, and the way that
Mr. Casas has helped him personally.
Christian Flores thanked the Council for keeping the boxing program. He also spoke
about the impact Mr. Casas has made on him personally.
Luis Briceho stated that he would like to thank Mr. Casas for everything he has done for
him.
Abel Vasquez stated that Mr. Casas' salary is not fair.
Gonzalo Vasquez stated that Mr. Casas' salary is not fair.
Michael Guillen stated that Mr. Casas is a great coach, and that he deserves better pay.
Manuel Garcia thanked Mr. Casas for his service and spoke of the importance of Mr.
Casas' influence on his life.
Eric Garcia thanked the Council for the boxing program and stated that Mr. Casas has
supported him. He noted that Mr. Casas has dedicated fourteen (14) years to the
boxing club and deserves a better salary.
Larry Ybarra stated that Mr. Casas is a good mentor, and has been positively touched
by Mr. Casas.
Paul Cook stated that he supports Mr. Casas and Mr. Rosales because the salaries are
shameful.
Thomas Kerry stated that individuals with a college degree should be paid higher
salaries. He also stated that low-income projects in downtown Baldwin Park are not
viable, and that the new highway should be two (2) lanes.
Mariana Lake thanked the Upper San Gabriel Valley, San Gabriel Valley, and Valley Co
Water District for their presentation. She also noted some issues with the increased
cost of services to use the park.
Margarita Vargas thanked the Council for the traffic signal on La Rica and Los Angeles
Baldwin Park, an•• •
Street.
Martha Trellis asked that prayer invocations not be directed towards one specific
religion. She voiced support for Manny Carrillo, and asked that students not be told
what to say at Public Hearing.
.179,0119 1_0
and noted the complexity of Water Entities.
City Council Regular Meeting Minutes
In 11
W111110"019119 I IN 0.
161AUTM Im. I OR E 1 LO M714 • E IS M
2/19/14
John Rios spoke about the unviability of the apartment project from last week. He
commended the police department for their work, and asked for speed bumps on
Fairgrove.
Mr. Tuttle spoke about the San Gabriel project, and the fact that apartments are beirre
nrammed. He also voiced concerns about traffic studies. 0
Mayor Pro Tern Pacheco stated that Mr. Carrillo does not receive the salary stated on
the sheets available, he stated that Mr. Carrillo does have a degree, and that the
salaries for coaches are being raised.
Mayor Lozano stated that Mr. Carrillo's salary was fabricated, and that the youth were
misinformed.
Council Member Rubio asked Mr. Carrillo to share his educational background.
Mr. Carrillo shared his educational background.
Council Member Cruz Baca stated that individuals are protected by law to speak during
Public Comment.
Mayor Pro Tern Pacheco asked to pull Item Nos. 6 and 8 from the Consent
Calendar. Council Member Garcia asked to pull Item No. 10 from the Consent
Calendar.
Mayor Lozano clarified that Item No. 4. needed to be corrected.
A motion was made by Lozano, seconded by Garcia, and carried with no
objections, to approve Item Nos. 1 through 4, 7, 9, and 11 on the Consent
Calendar.
1. WARRANTS AND DEMAR#S
Staff recommended City Council ratify the attached Warrants and Demands.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify
the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes
2/19/14
Report. 2. TREASURER'S REPORT: DECEMBER 2013
Staff recommends that the City Council receive and file the December 2013
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
receive • file the December 21 Report.
AYES: Baca, Garcia, Lozano, Rubio, Pacheot
NOES: None.
AQQGP%IT- Finn®
ABSTAIN: None.
3. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR THE DESIGN
OF AT w ANGELES STREETILA i, AND
BALDWIN PARK BOULEVARD/ OHIO STREET INTERSECTIONS
Staff recommends that the City Council:
1. Authorize the Mayor to sign consultant agreement to complete the Traffic
Signal Plans, Specifications, and prepare the bid package in an amount
not to exceed $17,750; and
2. Authorize the appropriation of $350,000 of Prop C funds so there is
funding available for construction.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
approve and authorize the Mayor to execute the agreement.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
4 PROPOSED EMPLOYMENT AGREEMENT WITH i' S ' HUMAN
RESOURCES
It is recommended that the City Council approve and authorize the City Attorney
to - • the proposed • •, agreement Shama ... •
services as the Human Resources Manager.
A motion was made by • • seconded by • carried i
approve and authorize the agreement.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes
2/19/14
A —+;— --c rn Ar k%l I f-%-7-nnr% qAmr-nnr1g=rA hxi (,nrrin nnrl nnrriinri (.q — M tO W.` NIA
f-% I I IVUVI I VVQO I I ICA%A%, 6Jy #w, I— _J --- ---1 -1 — — I — \- -/ — I"-"-
further reading and approve and adopt Ordinance No. 1363 "An Ordinance
Amending Title 5 of the City of Baldwin' Park Municipal Code to Establish Low
Impact Development Standards."
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
6. RECLASSIFICATION OF BOXING PROGRAM STAFF
Staff recommends that the City Council approve the reclassification for existing
Boxing Program staff.
A motion was made by Pacheco, seconded by Rubio, and carried with no
objections to pull Item No. 6 from the Consent Calendar.
7. ACCEPT PLANS AND SPECIFICATION, AND AUTHORIZE PUBLICATION OF
A NOTICE INVITING BIDS FOR THE CITYWIDE SIDEWALK IMPROVEMENTS
It is recommended that the City Council approve the plans, specifications, and
Notice Inviting Bids for the Citywide Sidewalk Improvements and direct staff to
advertise.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
accept the plans and specifications and authorize the publication of a notice of
invitation to bid for citywide sidewalk improvements.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes
2/19/14
8. AWARD A CONTRACT FOR THE CONSTRUCTION OF BARNES PARM
IMPROVEMENT TO PRINCIPLES CONTRACTING, INC. IN THE AMOUNT OF
$622,802
Staff recommends that the City Council:
1. Award a Construction Contract to Principles Contracting, Inc in the amount of
$622,802; and
4k^r;�e +k® nir r,
3. A-uL,iuiit-i�,tii%,L-�ije�tor^fDiiklit-XA/nriec+nexet-ll+c1 nnii nar-accnrychanne
,at I U 11V V V W.— 1W -UL- - I)F I I- ----- ZI
orders in an amount not to exceed ten percent (10%) of the original contract;
and,
Mayor Pro Tern Pacheco noted the improvements that will be added to meet
ADA compliance. He noted that City Council is working to improve lives of
families, and he outlined the grants involved with the project.
Manny Carrillo reported that the project would be completed mid to late June.
A motion was made by Pacheco, seconded by Rubio, and carried (5-0), to
approve 1 through 4 on Item No. 8.
AYES:
Pacheco, Rubio, Baca, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
9. APPROVE TRAFFIC SIGNAL AND STREET LIGHTING MAINTENAACE
CONTRACT WITH COMPUTER SERVICES COMPANY
Staff recommends the City Council award a contract for traffic signals and street
lighting maintenance to Computer Services Company.
A motion was made • Lozano, seconded • Garcia, and carried (5 - 0) to
approve and award the contract for traffic signal and street lighting maintenance
• Computer Services Company.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
mz.•� 1�
City Council Regular Meeting Minutes
WIRTA
10.ADOPTION OF RESOLUTION NO. 2014-003 AUTHORIZING A PLANNING
AND DESIGN GRANT TO THE CITY OF BALDWIN PARK FOR WALNUT
CREEK NATURE PARK
Staff Recommends the City Council:
1) Waive further reading, read by title only and adopt Resolution No. 2014-003
titled "RESOLUTION NO. 2014-003 RESOLUTION OF THE CITY OF
BALDWIN PARK AUTHORIZING A PLANNING AND DESIGN GRANT T*
THE CITY OF BALDWIN PARK FOR WALNUT CREEK NATURE PARK;
and
2) Appoint the Director of Recreation & Community Services as agent to conduct
all negotiations, execute and submit all documents including but not limited to
applications, agreements, payment requests, and so on, which may be
necessary for the completion of the aforementioned project.
Council Member Garcia highlighted the work of Manny Carrillo and thanked him
for his work.
Mayor Pro Tem Pacheco noted Manny Carrillo's work in writing grants.
A motion was made by Garcia, seconded by Lozano, and carried (5-0), to
approve Item 10 on the Consent Calendar.
•
Pacheco, Rubio, Baca, Garcia, Lozano
None.
None.
None.
City Council Regular Meeting Minutes
A UW :08011,01741,400"M 11
l
2/19/14
A motion was made by Lozano, seconded by Pacheco, and carried (5-0), to pull
Item 11 with instructions to staff to bring it in a future meeting.
AYES:
Lozano, Pacheco, Baca, Garcia, Rubio, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Council Member Garcia noted that this item is an assessment of the
environmental impact of the project.
Council Member Baca stated that she does not feel comfortable moving forward
with this project if she does not have enough information.
H
H
H
H
Council Member Cruz Baca asked that this item be moved to the Special Meeting
for next Wednesday, for further discussion, and asked Mr. Castahola to provide
in writing a statement saying that there will be monetary compensation to help
Mr-wo thiz n.;%rkinn Qtri inti irtz Rhin al -qn q.-'kP.rJ for clarification on number of
spaces, and permits needed for tenants.
MGM=
Staff Member clarified that the parking spaces numbers were reduced by the
former City Manager, and that there would not be a problem if the number were
raised.
Council Member Garcia asked whether postponement of the Item would place
money in jeopardy.
Ms. Quisenberry stated that there is a deadline of March 5, and that the
document needs to be approved to get funding.
A motion was made by Baca, seconded by Pacheco, and carried (4-1), to move
Item 12 for next Wednesday, February 26, 2014.
AYES:
Baca, Pacheco, Rubio, Lozano
NOES:
Garcia
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes 2/19/14
DEVELOPMENT COMMISSION
1. Adopt a Recognized Obligation Payment Schedule (ROPS) 14-15A for the
period of July 1, 2014 through December 31, 2014; and
2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2014-
15; and
3. Direct staff to proceed with submitting the draft ROPS 14-15A for approval
to the Oversight Board; and
4. Send the approved ROPS to the County Administrative Officer, County
Auditor Controller, the State Controller and Department of Finance; and
5. Instruct staff to post the approved ROPS 14-15A on the City's website
A motion was made by Lozano, seconded by Pacheco, and carried (5-0) to
approve the Items 1 through 5 in the Consent Calendar.
AYES:
Baca, Pacheco, Garcia, Rubio, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
[oil Wom Wel I WAL61 I
COMMUNICATIONS
Request by Mayor Pro tem Ricardo Pacheco for discussion & direction to staff on
the following:
Form and Energy and Green Projects Committee for the purpose of
recommending and developing green projects for reduction of the cities carbon
footprint.
0-MRSTArerx-law
City Council Regular Meeting Minutes
2/19/14
Council Member Baca asked Mr. Graves to pull the RFP's, go ahead with the audit but
notify the agency firms that the Council will research something else.
Council Member Rubio asked Mr. Graves if there has been an audit committee in the
past.
FixgloreI
A motion was made by Lozano, onnnnAcA hii P - carried with
seconded -, Rubio, and canied no objections to
p'r
n.
adiourn the meeting at 9:31
Mayor
City Clerk
2��
MINUTES
BALDWIN PARK HOUSING AUTHORITY
FEBRUARY 19, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacc Avenue, Baldwin Park, 9170�Z,
The following members of the City Council were present:
Council Member Cruz Baca
Council Member Monica Garcia (joined online at 8:05 p.m
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
1. TREASURER'S REPORT: DECEMBER 2013
Staff recommends that the City Council receive and file the December
2013 Treasurer's Report.
The meeting was adjourned at 9:31 p.m.
ATTEST:
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY
FEBRUARY 19, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
11=0193 i 11-8 =21
mx��
Council Member Cruz Baca
Council Member Monica Garcia (joined online at 8:05 p.m.)
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
1. TREASURER'S REPORT: DECEMBER 2013
Staff recommends that the City Council receive and file the December
2013 Treasurer's Report.
The meeting was adjourned at 9:31 p.m.
Mayor
ATTEST:
City Clerk
i
B 4 .. N COUNCIL SPECIAL
JUNE 18, `t 00 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
• -• '',• • • ^' • • • '• •
-"
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
0
1. ADVISE CITY COUNCIL -D OF • -, THF
CITY OF 134LDWIN PARK.
4. PUBLIC E PL APPOINTMENT
Pursuant to Government Code Section 54957
Title: Chief Executive Officer
COUNSEL 5. CONFERENCE WITH LEGAL ANTICIPATED LITIGATION
Significant exposure • litigation pursuant to paragraph (2) of •d •' • of
Section 54956.9.
Potential
City Council Special Meeting Minutes 6/18114
City Attorney Tafoya reported no final action was taken on these items, thus there is
nothing to report.
.. I - Z of 11 •
ATTEST:
City Clerk
9��
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
JUNE 18, 2014,7:00 P.M.
'*'30UNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170t
111111111;;I • • •g "Ify-wim •
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The Pledge of Allegiance was led by Dan Revee.
The following members of the City Council were present:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Ricardo Pacheco
Mayor Manuel Lozano
None.
Check Presentation by Upper San Gabriel Valley Municipal Water District for
Barnes Park Improvements.
President Brian Urias, Director of Upper San Gabriel Valley Municipal Water
District, commemorated the great partnership between the City and his
organization by presenting a check for $100,000.00 for the Barns Park Splash
Pad Retrofit Project. He noted that the City would save up to $8,000 per year on
water related costs.
Council Member Garcia acknowledged Mr. Urias and the Upper District for
,troviding funding for the Walnut Creek Revitalization.
City Council Regular Meeting Minutes 6/18114
Plaque recognition to Fernando Prado for his retirement from Wast�-!
Management.
Terry Muse read a biography on Mr. Prado. She noted that Mr. Prado is retiring
after 43 years of service to the City.
Terri Muse introduced Desiree Flores who earned a $500 scholarship, Ronnie Garcia
who earned a $500 scholarship, and Katherine Ramirez who is an intern at Waste
a 11
Management.
Desiree Flores graduated in 2014 from North ParlrRigh School and received a
scholarship to attend Mt. SAC.
Ronnie Garcia graduated from Baldwin Park High School and received a scholarship to
attend UCLA.
Katherine Ramirez will be attending UC Riverside, and has been involved in the
community.
Ken Woods spoke about receiving a letter from Waste Management about
noncompliance with state law. He added that he does not want his trash rates to be
raised.
Bob Bembow announced that the Historical Society's annual fundraiser would take
place July 15. He also thanked the City for their support.
Thomas Kerri, former resident of Baldwin Park, stated that he had to euthanize his cat,
and that the same should be done for people.
Arturo Luna congratulated the young students, and spoke about his concern that
residents would have to pay for an increase in prices.
Julian Casas stated that Waste Management treats its employees well, but that they
should not raise resident prices.
John Rios spoke about property value, and the increase in prices in waste
management.
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g.•- •
City Council Regular Meeting Minutes 6/18/14
Mayor Pro Tern Pacheco spoke about inconsistencies with the street sweeping
schedule.
Public Works Director, Daniel Wall, stated that the street sweeping schedule has been
adjusted.
Mayor Pro Tern Pacheco spoke about bringing new businesses to the City.
ri 0 ► ►. T 11,11
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approve Items 1 through 3.
Finance Director, Craig Graves, noted that a change needed to be made to the Staff
Reports on contracts so that the contracts did not have to be brought to the Council
every $10,000.00.
Vice Mayor Pacheco suggested the number is changed from $10,000.00 to
$100,000.00.
Council Member Rubio stated that she would like to see the contracts as they are.
Council Member Baca stated that $10,000.00 limit is fine.
Mayor Lozano stated that the contracts would be left as they are.
1. WARRANTS AND DEMANDS
Staff recommended City Council ratify the attached Warrants and Demands
Register.
2. TREASURER'S REPORT: April 2014
Staff recommends that the City Council receive and file the Treasurer's Report
for April 2014.
3. APPROVAL OF GENERAL ON-CALL PROFESSIONAL SERVICES
CONSULTANTS
It is recommended that the City Council:
1. Enter into a three-year on-call professional services agreement with
Infrastructure Engineers of Orange for Civil and Traffic Engineering
Design Services; Project Management, Construction Management, and
Inspection Services for General engineering Projects; and Land Surveying
Services; and
2. Enter into a three-year on-call professional services agreement with Vanir
Construction Management of Los Angeles for Project Management,
• .; •, • ,
City Council Regular Meeting Minutes
Construction Management, and Inspection Services for Building Projects;
Landscape Architecture Design Services; Pavement, Geotechnical and
Materials Testing Services; Environmental Document Services;
Community Relations/ Public Outreach Services; Grant Writing Services;
and Labor Compliance Services; and,
3. Enter into a three-year on-call professional services agreement with La
Cahada Design Group of Pasadena for Architectural Design services.
4. CONTINUED PUBLIC HEARING FOR FISCAL YEAR 2014/15 BUDGET AND
CITY COUNCIL DISCUSSION
Staff recommends that the Mayor re-open the Continued Public Hearing, take
public comments and then close the public hearing. The City Council can
proceed with additional discussion, questions for staff and direction.
Public Works Director, Daniel Wall, announced that no additional study sessions
have been performed. He suggested a session be scheduled for next Tuesday to
continue to discuss the item. He also announced that the City would receive an
increment in terms of property tax dealing with development; number is
$189,000.00 instead of $149,000.00.
Mr. Luna asked how much this report would cost to produce.
Ken Woods explained that the Risk Management spokes person explained the
City's health risk, and that the citizens of Baldwin Park could not continue to pay
that coverage.
Thomas Kerri spoke about using parking permits to increase revenue and help
with the budget.
Mr. Rios stated that he worked many years on budgets, and that he would like to
see the differences on line items.
Mr. Wall stated that the total cost is not to exceed $75,000 and is inclusive of all
costs. He explained some of the items on the budget.
Mayor Lozano closed the public hearing.
Mayor Lozano announced that the Study Session would be held June 24th at
5:00 p.m. in Chambers.
City Council Regular Meeting Minutes
AME
A 1,�, seconded by Garcia, and carrier With nn
% I U'�-' LJY Pacheco,
A motion was .made
objections to have Council Member Pacheco serve as a delegate, with Mayor
Lozano serving as an alternate.
Public Works Director, Daniel Wall, explained projected increase in expenditures
that warrant increase in request. He also explained that the deficit is
$182,000.00 per year.
A motion was made by Lozano, seconded by Pacheco, and carried with no
objections to approve Item 6.
City Council Regular Meeting Minutes
ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY2014-2015, DECLARING
THE INTENT TO LEVY AND COLLECT ASSESSMENTS AND SETTING A
I IME AND PLACE FOR A PUBLIC HEARING".
Public Works Director, Daniel Wall, stated that the City is at its statutory limit on
this Item. He explained that they have a fund balance on this, and that this is a
self-sustaining fund.
A motion was made by Lozano, seconded by Pacheco, and carried with no
objections to approve 1+,nrvi 7
Community Development Director, Marc Castagnola, explained that they would
like to apply for a 1 million grant to provide assistance with homes. He stated
that the State requires a resolution to submit an application.
Council Member Baca asked when the money would be available.
Mayor Pro Term Pacheco asked what the restrictions are.
A motion was made by Lozano, seconded by Pacheco and carried with no
objections to approve Item 8.
Council Member Baca asked for a study session to include residents on housin!]
9��
City Council Regular Meeting Minutes 6/18/14
Council Member Rubio exDlained that even though there are concerns, she
apologizes but there is nothing the Council can do.
A motion was made by Pacheco, seconded by Rubio, and carried (4-1) to
approve Items 9 and 10.
AYES:
Pacheco, Garcia, Rubio, Lozano
NOES:
Baca
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Pacheco, seconded by Rubio, and carried (4-1) to
approve Items 9 and 10.
AYES:
Pacheco, Garcia, Rubio, Lozano
NOES:
Baca
ABSENT:
None.
ABSTAIN:
None.
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A motion was made • Lozano, seconded by Garcia, and carried with no objections to
adjourn the meeting at 8:44 p.m.
City Clerk
I-• •
MINUTES
BALDWIN PARK FINANCE AUTHORITY
JUNE 18, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
I I iiiiiii, IF I WE iffiiiii 11
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
Z 0 "M
1. TREASURER'S REPORT: APRIL 2014
Staff recommends that the City Council receive and file the Treasurer's
Report for April 2014.
A motion was made by Lozano, seconded by Pacheco and carried with no
objection, to approve Item 1 on the Consent Calendar.
A motion was made • Lozano, seconded by Garcia, and carried (5 — 0) to
adjourn the Finance Authority meeting at 8:44 p.m.
Chair
MINUTES
BALDWIN PARK HOUSING AUTHORITY
JUNE 18, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacc Avenue, Baldwin Park, 91706
TOM== i''� 16111
\ MM
0411� F111!!!11 11;1!��J
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
wx��111109, EST-11"W4
None.
1. TREASURER'S REPORT: APRIL 2014
Staff recommends that the City Council receive and file the Treasurer's
Report for April 2014.
A motion was made by Lozano, seconded by Pacheco and carried with no
objection, to approve Item 1 on the Consent Calendar.
rN I A Z,
�9= am
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
adjourn the Housing Authority meeting at 8:44 p.m.
Chair
MINUTES
VALDWIN PARK CITY COUNCIL SPECIAL MEETING
JULY 2, 2014, 5:30 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
None.
ADVISE CITY COUNCIL REGARDING NUMBER OF LIQUOR LICENSES IN THE
CITY
• BALDWIN PARK.
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Ava Delgado et al vs. Esteban Mora Ortega, Installed Building
Products and City of Baldwin Park
Case Number: BC 540331
Name of Case: Herrera v. City of Baldwin Park
Case Number: BC 504909
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): two (2)
City Council Special Meeting Minutes 7/02/14
City Attorney Tafoya reported no final action was taken on these items, thus there is
nothing to report.
Uja"i
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
2014, 7: 00
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170Q
The meeting was called to order by Mayor Lozano at 7:05 p.m.
The Pledge of Allegiance was given by Mayor Lozano.
;, * •'il
The following members of the City Council were present:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
Council Member Baca recognized the 50th anniversary of the signing of the Civil Rights
Act.
• Certificate recognition for years of service to outgoing commissioners.
Mayor Lozano recognized outgoing Commissioners: Gustavo W., Edwin Vargas,
Natalie Ybarra, Edith Flores, Cecilia Bernal, Irma Tarango, Alfredo Orozco,
Martha Reyes, Ruth Viveros, Kimberly L., Edward Martinez, Barry Lu, Oscar
Marin, Edwardo Acevedo, John De Leon, and Mario Betancourt.
Alfredo Orozco stated that he loved his job as Commissioner and thanked Manny
Carrillo for the opportunity given to him.
Irma Taran•• stated that she has been a Commissioner for fourteen years, and
tnjoys working for the City. She also thanked Mayor Lozano, Mayor Pro Tem,
City Council Members, and Manny Carrillo for their support.
City Council Regular Meeting Minutes
® Oath of office for new commissioners
7/02/14
Mayor Lozano recognized new Commissioners: Joanna Valenzuela, Kenneth
Woods, Mario Marcel Jr., Gilbert Padilla, David Muse, Joanne Watkins, Ana
Luian, Juan Rios, Marcela Avila, Leslie Brito, Magda Toreyas, Anita Diaz, Rita
Vasquez, Alexandra Saenz, Raul Reyes, Luis Montano, Arturo Luna, and Sylvia
Bahuelos.
Mayor Lozano read the oath, and asked new commissioners to raise their rig
hand andsay, I
Jonathan Ruvalcaba spoke about the resolution for part-time wages, and requested that
Council Members do not approve Resolution 2014-026.
Mariana Lake recognized former Commissioner Irma Tarango for her service to the City
of Baldwin Park.
Art Luna thanked the City for allowing him to work with the City.
Bob Bembow noted that he sees growth in Baldwin Park. He also announced a
barbecue on July 15, 2014, and thanked the Chief of Police for finding a historical jacket
from the sixties that the City will showcase.
Mr. Rios commented that portable bathrooms should not be stored at the City Yard; he
added that he would be going to the School Board meeting with that complaint.
ILI
(Item No. 2 was pulled from the Consent Calendar)
A motion was made by Pacheco, seconded by Lozano, and carried with no objections to
approve Items Nos. 1,3,4,5.
1. WARRANTS AND DEMANDS
Staff recommended City Council ratify the attached Warrants and Demands
Register.
2. CLAIM REJECTION
Staff recommends City Council reject the claim of Vijay Singhal, Leticia Lara,
Danteandre Villa, Raul Ruballos and direct staff to send the appropriate notice of
rejection to claimants.
ml�
7/02/14
A motion was made by Pacheco, seconded by Baca, and carried (3-2) to
approve Item No. 2.
AYES:
Pacheco, Baca, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
Garcia, Lozano
5. ANIMAL CONTROL AGREEMENT WITH THE COUNTY OF LOS ANGELES
Staff recommends the City Council approve the Agreement with the County of
Los Angeles, Department of Animal Care and Control.
Mr. Hall stated that this Resolution is based on an engineering report with a 1.4%
increase in their assessment.
Mayor Lozano opened Public Hearing for discussion of this Item.
City Council Regular Meeting Minutes 7/02/14
Mayor Lozano closed Public Hearing for discussion of this Item.
Council Member Rubio noted that they are legally bound to approve this
Resolution.
A motion was made by Lozano, seconded • Rubio, and carried with
objections to approve Resolution No. 2014-023. •
Mr. Wall noted that this assessment has not increased for the last fifteen years,
and that this assessment pays for many City services.
Mayor Lozano opened Public Hearing for discussion of this Item.
No Comments.
Mayor Lozano closed Public Hearing for discussion of this Item.
A motion was made by Lozano, seconded by Garcia, and carried with no
objections to adopt Resolution No. 2014-024.
Mr. Graves noted that this resolution adopts the presented budget. He noted that
there is an increase of 2.4% from last year's budget.
111! 111 10
I M, • • • • : 0 .1*1.
City Council Regular Meeting Minutes
7/02/14
Mr. Luna noted that he is in favor of this Resolution because Baldwin Park
residents do not have any events planned for 4th of July, and that something
should be eliminated from the budget items to provide funding for 4th of July.
Mayor Lozano closed Public Hearing for discussion of this Item.
Council Member Rubio asked Staff Member to provide a clarification of the
sixteen positions listed on the budget.
Mr. Graves explained that only two positions are being added to the budget.
Mayor Lozano stated that he would like to keep a reserve if possible, and would
not like to refill the positions that were taken out.
Mr. Wall explained that a full-time mechanic is needed because the fleet of police
vehicles is ten to fifteen years old.
Mr. Graves clarified that at this time, the sweeper is not included in this budget.
Council Member Garcia expressed her concern that eight positions are not being
funded. She stated that she hopes in the future, this will not be an ongoing trend.
Council Member Rubio clarified that some part-time positions are being replaced
with full-time positions. She also stated that the Council would like to focus on
developing the City.
Council Member Baca stated that the counters would be open more days for
walk-ins.
Mayor Pro Tern Pacheco thanked Chief Taylor, the CEO, and the Director of
Finance, for preparing the budget. He noted that last year there was a four
million dollar deficit, and that the budget is a reflection of all the hard work from
the employees.
Council Member Garcia asked if the City would later fund the unfunded liabilities.
Mayor Pro Tern Pacheco stated that Mike Taylor is the interim, and that bonds
are being paid off.
Mayor Lozano noted that difficult decisions were made to save six million dollars.
A motion was made by Rubio, seconded by Lozano, and carried with no
objections to approve Item 8.
IN
6EMILOPMENT COMMISSION
City Council Regular Meeting Minutes
7/02/14
DIUMEW00111H I" 1INIIIIIIIIIIIAll
COMMUNICATIONS
None.
A motion was made by Lozano, seconded by Rubio, and carried with no objections to
adjourn the meeting at 8:05 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY
2014, 7: 00
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
F
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me
� I
li WE'D
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Ricardo Pacheco
Mayor Manuel Lozano
None.
The meeting was adjourned at 8:15 p.m.
N�
MINUTES
BALDWIN PARK HOUSING AUTHORITY
JULY 2, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
171.; 4��11
112�011111511�11i
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illilll!ll!!Iilllllllm3m - •
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
The meeting was adjourned at 8:15 p.m.
Mayor
FiRyiYORRIN
MINUTES
*.ALDWIN PARK CITY COUNCIL SPECIAL MEETING
J U LY 16, 2014, 6: 00 P. M.
CITY HALL — 3rd Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
The meeting was called to order by Mayor Lozano at 6:00 p.m.
The following City Council members were in attendance:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
10 M*E -0
0:154 431-2,11SX41 KOMA
The meeting was recessed to Closed Session at 6:01 p.m.
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Hadsell v. City of Baldwin Park
Case Number: BC 548602
Name of Case: Anthony & Angela Romero v. City of Baldwin Park
Case Number: BC 518817
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9.
Potential Case(s): four (4)
114:W01,1111"'01:8 1kq&0jZ1":U UOIZI
The meeting was reconvened in Open Session at 6:49 p.m.
City Council Special Meeting Minutes
W1610108
City Attorney Tafoya reported no final action was taken on these items, thus there is nothing to
report out.
The Special Meeting was adjourned at 6:50 p.m.
ATTEST:
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order by Mayor Lozano at 7:00 p.m.
pillffiele
LA I
The Pledge of Allegiance was led by Mayor Lozano.
The following Council Members were in attendance:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Ricardo Pacheco
Mayor Manuel Lozano
The K88yO[ @OOOUOCed' as [8qUi[8d by Government Code seCbOD 54954.3. Dl8Dlb8[S of the City
[|ouOCi| are also members of the BO8nj of 0PBChJ0 Of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each Council
K8eDlbe[ is paid an additional stipend Of$3O for attending the Housing Authority Dl8eUOQ and
$50 for attending the Finance Authority meeting.
Presentation bnCaltraMs on the 1-10/1-605 Project.
Caltrans staff gave a presentation to the City Council on the 1-10/1-605 freeway project.
Mayor Lozano announced that public communications is now open and the limit on each
speaker isthree (3) 0|DDte8.
Public speaker stated the Police Chief should not bS serving GS the City Manager because he
cannot dO both jobs 1OO percent and the residents deserve 1OOpercent, HB also stated the City
needs revenue not higher taxes.
City Council Regular Meeting Minutes
7/16/14
Resident stated she went to vote at the school and there was glass all over the sidewalk and
she reported it to Code Enforcement but it still hasn't been cleaned and it's a safety issue for the
children. She also reported that 14508 Clark Street has two (2) boxes of trash with bugs that
never gets picked up and asked that Code Enforcement make sure it gets picked up. She
thanked everyone who attended the Baldwin Park Historical Society auction.
Mr. Rios, resident, requested that residents receive prior notice of street sweeping and stated
that the parks are looking good.
Thomas Carey stated the City should be street sweeping more often and he doesn't think we
should be required to conserve water so illegal immigrants can come here and use it.
CONSENT CALENDAR (items I through 4)
Item No. 4 was removed for further discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
2. TREASURER'S REPORT — MAY 2014
It is recommended that the City Council receive and file the Treasurer's Report for May
2014.
3. APPROVE MOU WITH SCRRA FOR GRAFFITI REMOVAL
It is recommended that the City Council approve the attached MOU with the SCRRA and
authorize the Mayor to execute said agreement.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve
Consent Calendar Item Nos. 1 through 3.
AYES:
Baca, Garcia, Rubio, Pacheco, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
4. AGREEMENT FOR CHIEF EXECUTIVE OFFICER
It is recommended that the attached Agreement be approved by the City Council.
(This item was pulled by Council Member Garcia for further discussion.)
Council Member Garcia stated she is not opposed to this item but does have concerns
about the selection process and wishes it had been more open. She referenced the
positive response to the recent Baldwin Park Unified School District recruitment for
Superintendent noting there were over fifty (50) applicants. Council Member Garcia
stated going forward she hopes the City's process is more transparent.
g��
City Council Regular Meeting Minutes
7/16/14
A motion was made by Pacheco, seconded by Rubio, and carried (5 — 0) to approve Item
No. 4.
AYES:
Baca, Garcia, Rubio, Pacheco, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS
COMMUNICATIONS
Mayor Pro Tern Pacheco:
• Announced that he attended the independent Cities Association annual three (33) -day-
conference and some of the topics included water and drought conditions, cyber
security, elected officials' role in emergencies, AB 109 and human trafficking.
• Stated he attended the Historical Society auction and encouraged the public to visit
their wonderful museum
• Stated there is a need for a WorkSource in Baldwin Park.
• Stated there is a lot of support for a Mt. Sac satellite campus in Baldwin Park and he
would like to get the community behind this.
• Thanked Michael Taylor for taking on the job of interim CEO to allow the City to
move forward while also holding down the police department.
Council Member Garcia:
• Acknowledged members of the Valley Country Water District.
• Acknowledged the Commissioners in the audience.
• Acknowledged the various Commissioners in the audience.
• Thanked Michael Taylor for serving as the interim CEO which enabled the City to
recruit without having to pay two CEO salaries because the former CEO is still on the
payroll.
Council Member Baca:
• Acknowledged the various Commissioners in the audience.
• Invited the public to attend the Concerts in the Park tomorrow.
A motion was made by Lozano, and seconded by Baca, to adjourn the City Council meeting at
7:36 p.m. to the Housing Authority and Finance Authority meetings.
Mayor
City Clerk
MINUTES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETING
J U LY 16, 2014, 7: 00
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order at 7:00 p.m. and recessed.
The meeting was reconvened at 7:37 p.m. with all Board Members present.
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
[Orel Z
1. TREASURER'S REPORT — MAY 2014
It is recommended that the City Council receive and file the Treasurer's Report for May
2014.
A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the
consent calendar.
AYES: Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
A motion was made by Lozano, seconded by Baca and carried (5 — 0) to adjourn the meeting at
7:40 p.m.
Chair
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING
J U LY 16, 2014, 7: 00 P. M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order at 7:00 p.m, and recessed.
The meeting was reconvened at 7:36 p.m. with all Board Members present.
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
T60081 & f TUB E KOM 11 Is] 141
None.
1. TREASURER'S REPORT — MAY 2014
That the City Council receive and file the Treasurer's Report for May 2014.
A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the
consent calendar.
AYES: Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
mvr•�i]il
A motion was made by Lozano, seconded by Baca and carried (5 — 0) to adjourn the Finance
Authority meeting at 7:40 p.m.
Chair
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
SEPTEMBER :; r
COUNCIL CHAMBER - 0.. Baldwin Park, 0
The meeting was called to order at 5:30 p.m. by Chair Lozano.
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
None.
11.1 ILI] 1 • 1 • •'
Amy Harbin, City Planner, narrated a PowerPoint in which the existing Sign Ordinance
and proposed changes were compared for Council's consideration.
Discussion ensued regarding the current [non - digital] signage sizes, fees, and timeline
restrictions. A variety of suggestions were entertained, including a suggestion that grand
openings have their own set of parameters in order to support local business; a
comparison of the fee structures and restriction of other local municipalities should be
done; consideration might be given to a 2 -tier system in which temporary signage would
have lower fees and time restriction as compared to more permanent, long -term
signage; a concern was expressed regarding clutter in the windows of local businesses,
noting that esthetics should be taken into consideration, and that lowering the fees may
only exacerbate excessive signs in windows.
Following discussion, Council directed staff to develop revisions to the Sign Ordinance
which take into account the issues and concerns raised in this Study Session and return
with a revised proposal for consideration at a future Study Session.
• i7i 14 Z 101 ° - • •
Amy Harbin, City Planner, narrated a PowerPoint which presented current digital
signage use parameters and offering points for discussion for addressing the use,
zoning restrictions and related parameters which would be incorporated, by amendment,
into the existing Sign Ordinance.
Staff was asked to provide clarification of the existing regulations and whether the
restrictions are by Ordinance or by Zoning requirements. Staff explained that the size of
signage is relevant to the size of the property and is designated in the zoning
requirements for the property.
Discussion ensued and an inquiry was made as to whether permit parameters for digital
signs could be handled similar to that of land use permits, wherein applications would be
handled as discretionary or conditional use permits, requiring approval by a design
review committee, lot size and number of signs would be regulated, "action" signs would
have restrictions on hours of operation, and lumen (brightness) of signs would be
regulated to mitigate impact on surrounding residential areas.
Council directed staff to further research and develop proposed language that could be
incorporated into an amendment to the Sign Ordinance, and bring this itern back for
Council consideration at a future date.
Steve Samuelian, owner and founder of California Consulting, LLC, gave an oral
presentation to Council, explaining that the company specializes in seeking out relevant
funding sources (available grants) and writing grant applications on behalf of
municipalities. He provided a brief history and noted that, since its establishment in
2004, the company has grown to become the largest grant writing company in California.
Mr. Samuelian explained that the company staff is trained to seek out grant funds from
both public and private sources, depending on the type of funding an entity is looking for
and explained that the client is kept informed by providing status reports on the 1st of
each month.
When asked about the company's fee structure, how payment for services is executed
and what the company's staff capability is (number of actual grant writers), Mr.
Samuelian noted that the company has four offices with a total of 24 staff members, 18
of which are dedicated grant writers. He stated that there is a flat monthly rate ($5,000)
regardless of the number of grant applications produced.
Mr. Samuelian noted that the average number of grants the company writes in a given
period varies but that the company writes an average of ten grants per week, translating
to about five per year per agency.
Council asked that staff prepare a report which would review and compare the current
company that the City is using with the services offered by California Consulting, LLC, to
determine the best value with consideration to using both companies, as needed.
4. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9
• - ' • • .. a. ' 1
Page 2
Name of Case: Randy Morris v. City of Baldwin Park
Case Number: WC Claim No. 12-114424
5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9. Potential Case(s): one (1)
There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn
the meeting at 6:52 p.m.
Mayor
City Clerk
as a
Page 3
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
SEPTEMBER 17, 2014, 7:00 P.M.
%COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
CALL TO ORDER
The meeting was called b} order 8t7:02p.Dl.
INVOCATION
|ne invocation was prOVOBODyNeVereDOjaCKSOn.
PLEDGE OF ALLEGIANCE
The Pledge Cf Allegiance was led bv Mayor Lozano.
ROLL CALL
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
There was no reportable action taken iOthe Closed Session.
ANNOUNCEMENTS
Mayor Lozano introduced the new |DtehDl Chief Deputy City C|8[h Khsti Russell and expressed
appreciation for her support.
COUDCi|DleDlbe[ Garcia asked that all present take 8 moment tO recognize the recent passing 0f
Ralph H. Webb, J[. who had served @G City Manager Of Baldwin Park from 1981 until 1989.
COUDCi|Dlenlbe[ B8C3 recognized the @SSiGt@Dce of Officer Esteban M8 j8rFeZ and his partner,
who C@nne to aid Of 8 VvODlgO in the VVO[DeO'G Club parking lot. The vvODl8O had self-
administered an epi'peO but became drowsy and fainted as a result 0f3 diabetic episode. The
officers @SS/Gted COUOCi|0e0beF Baca iD transporting the woman t0 @ local food establishment
where she could get something tO eat tD reestablish her blood sugar levels.
Mayor Lozano asked that all present take a moment to recognize the passing of Ralf Riviera on
September 7, 2014. K8[ Riviera, G resident of Baldwin Park of 24 yB8rS. was a television
technician by trade, was @ coach for a |oC@} little league baseball te8Dl. and active in the church
DlSDlb8r in his free time. M[ Riviera is survived by his wife Of 49 years, four children and
grandchildren.
Mayor Pro Tern Pacheco recognized Edward Chavez, Margarita Vargas and Brian Rice from
the Upper San Gabriel Valley Water Authority in attendance.
Mayor Pro Tern Pacheco also extended invitation to the public to attend the Baldwin Park
Downtown Street Market to be held every Thursday, from 5:00 p.m. to 9:00 p.m., beginning
September 25 until October 9, 2014.
Mayor Pro Tern Pacheco announced that a Public Workshop will be held on Saturday,
September 20, 2014, to obtain input from the community regarding the Walnut Creek Nature
Trail and Park.
Mavor Pro Tern Pacheco recognized Assemblyman Roger Hernandez, who is collaborating with
the League of United Latino American Citizens to host the Duarte Health & Wellness Expo on
Saturday, September 20, 2014, from 9:00 a.m. to 3:00 p.m. at Northview Middle School, Duarte
Health and Wellness Fair.
Mayor Pro Tern Pacheco noted that Assemblyman Hernandez has partnered with the Baldwin
Park Unified School District to host the 8th Annual College Fair on Saturday, September 27,
2014, from 8:30 a.m. to 11:00 a.m. at Sierra Vista High School.
Mayor Pro Tern Pacheco also announced that the Baldwin Park Soccer League is holding its
Annual Inauguration and Trophy Award Ceremony, on October 5, 2014, at 8:30 a.m. at the
Baldwin Park High School.
Councilmember Baca announced that Senator Dr. Ed Hernandez would be hosting an AB 60
Forum on Thursday, September 18, 2014, from 7:00 p.m. at St. John the Baptist Catholic
Church — Parish Hall, and that Ms. Baca, Chief Taylor and other community leaders would be
attending to assist in providing details regarding the new legislation which provides
undocumented immigrants the ability to obtain a driver's licenses.
Teri Muse, of Waste Management of Southern California, introduced two new staff members
with Waste Management; Anthony Fernandez, Municipal Coordinator, and Kenneth Furlough,
Public Sector Sales Representative.
Ms. Muse then presented certificates in recognition of the Winners and Volunteers of the Clean
Cart Challenge Waste Management Program. Council recognized Student Volunteers Faith
Troung, Jose Deloera, Gustavo Topete, Alan Munguia, Carlos Ortiz, Sebastian Saucedo, Alexis
Meza, Arturo Razo, Gerardo Velasquez, Kevin Tellez, Albert Mares, Matthew Cancel, William
Hoe, as well as Resident Winners Julio Martinez, Bernardo Chavez and Augustin Chaca.
Council recognized National Hispanic Heritage Month by Proclamation and acknowledged that
the certificate will be provided to Mr. Tony Hernandez, Guadalajara Grill, as recipient on behalf
of the citizens of Baldwin Park.
H
PUBLIC COMMUNICATIONS
Mayor Lozano invited the public to speak on Public Communications at 7:17 p.m.
Thomas Carey, resident, expressed concern about a lack of vector control in the area and noted
the health risks associated with mosquitos; suggested that vector control be paid for out of the
General Fund until additional funding can be identified; opined that those who allow water to sit
and stagnate should be cited; suggested that attraction of mosquitos could be mitigated by
putting fish in water or by pouring oil over the surface of water.
Nicole Lava, Field Representative for Assemblyman Roger Hernandez, indicated that flyers
regarding the Duarte Health & Wellness Expo as well as the 8th Annual College Fair are
available at the back of the Council Chambers. She announced that she would be the
representative for the Baldwin Park and El Monte communities, and offered her assistance to
the community.
Margarita, resident, reminded the Council that a traffic light was approved for installation at
Baldwin Park Boulevard and La Rica Avenue, and that she is hoping that the light will be
installed in the near future. She expressed concern because school has started and the
intersection presents a danger for the kids attending Santa Fe and Geddes elementary schools
as well as Holland Middle School.
Rafael Gonzalez, Library Manager at Baldwin Park Library, expressed appreciation to Council
for their support and indicated that the newly remodeled and improved library will provide
exception new service to the community. He noted that the library has extended hours, the
installation of new computer stations, expanded seating area and new furniture, as well as new
meeting areas. He did point out that there is an issue with the parking in the area, particularly
with parking lot filling quickly and a lack of parking along the street due to an existing red curb in
front of the library. He expressed concern because patrons are parking in areas of the parking
lot which are not formally designated and is impeding traffic flow in the lot.
Councilmember Rubio noted the `soft opening' of the library and suggested that the City
collaborate with the library and school district to hold a Grand Opening, perhaps getting
donations of books and pencils to encourage school children to read.
Councilmember Garcia expressed appreciation to Mr. Gonzalez for his hard work and the
commitment of his staff. She also requested that the parking situation be looked into further as
well.
Melinda Galvan, who resides at 3217 Robinette Avenue, contacted the City last year because
her street was not being swept. At that time, she was told that the driver had passed and to wait
a couple of months. She subsequently was issued a parking ticket on a day that was contrary
to the signage indicating restricted parking due to street sweeping. She indicated that, when
she inquired with Public Works, she was told that the signs would be updated but at a later time.
Council directed Mr. Wall, Director of Public Works, to address the issue with Ms. Galvan.
Mayor Lozano closed Public Communications at 7:28 p.m.
H
Councilmember Garcia announced that she would be recusing herself from participation and
vote on the Consent Calendar. As it pertains to Item No. 8, Councilmember Garcia stated that
her former employer, Meruelo Maddux Properties, had initiated discussions with L.A. Fitness in
2007-08. Meruelo Maddux was later acquired by Evoq, which subsequently was involved in the
Oval Site project with L.A. Fitness. Councilmember Garcia stated that, since she is a
stockholder of the company (Meruelo Maddux/Evoq), she would be leaving the Chambers and
waived any right to vote on all items.
Councilmember Garcia left the daises and the Chambers at 7:30 p.m.
item Nos. 5, 8, 9 and 11 were pulled for separate consideration.
Councilmember Rubio requested Item Nos. 5, 9 and 11 be pulled from the consent
calendar for separate consideration. Mayor Pro Tern Pacheco requested that Item No. 8
also be pulled for further discussion.
1i MY01-11 Z1 11 , k! 11 &VA i! I ]IJ alwi 1131 Z I
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to ratify the Warrants and Demands Register.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Receive and file:
1) Special/Regular Minutes for February 5, 2014
2) Regular/Finance & Housing Authority Minutes for March 19, 2014
3) Special/Regular/Finance & Housing Authority Minutes for April 16, 2014
4) Special/Regular Minutes for May 7, 2014
5) Special/Regular/Finance & Housing Authority Minutes for May 21, 2014
6) Special/Regular Minutes for June 4, 2014
7) Special/Regular Minutes for August 6, 2014
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to receive and file the Meeting Minutes specified.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
,i � 6 '1
Staff recommends City Council reject the claim of Celedonio Morales, Miguel Duarte and
Adele Ruiz, and Anahi Pineda Molina and direct staff to send the appropriate notice of
rejection to claimants.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to reject the claim of Celedonio Morales, Miguel Duarte and Adele Ruiz,
and Anahi Pineda Molina and to direct staff to send the appropriate notice of
rejection to claimants.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
That the City Council receives and files the Treasurer's Report for July 2014.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to receive and file the Treasurer's Report of July 2014.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Staff recommends City Council approval to:
1. Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal
Code on one vehicle, as existing cooperative purchasing contracts already exist with
other governmental agencies,
2. Waive the formal bidding process for the purchase and installation of the emergency
equipment pursuant to §34.23 (C),
3. Authorize the Police Department to purchase the new vehicle and equipment through
existing contracts; joining in the cooperative purchasing contracts, or through
procedures outlined above,
4. Direct the Chief of Police or his designee to work in conjunction with the Finance
Director to complete a budget transfer for the amount not to exceed $37,045.93 from
account 205 -30- 370 - 58110 -00000 for restricted purchase of the new Police
Department vehicle and equipment, and
5. Authorize the Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchases.
Councilmember Rubio pulled this item in order to clarify that the funds being used for
this purchase are from the Asset Forfeiture account, not the General Fund.
A motion was made by Rubio, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to authorize the Police Department to purchase the new vehicle and
equipment UlnDUgh existing CODtraxctS. joining in the cooperative pU[Ch@8iRg
contracts, or through procedures outlined in the City's procurement policies.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
6. RESOLUTION NO. 2014-030 AMENDING THE OFFICIAL POLICE TOWING
ADMINISTRATIVE FEE
|+1iS recommended the CnijOC| adODt R88O|UtiDD MV. 2014-030 bV[eGding its title
only and waive further reading, "RESOLUTION NC]. 2014030 — AMENDING THE
OFFICIAL POLICE TOWING ADMINISTRATION FEE."
A [UOtiOO was made by LOZ@Oq seconded by Pacheco, and C8[hed (4 — O — 1. Garcia
abstained) to approve and adopt Resolution NO. 2014-030 "4MEN[>|M{S THE
(]FF|{}|AL POLICE TOWING ADK8|N|GTR/\T|C}N FEE."
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
7. APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL
YEAR 2014115
That the City Council receives and files the attached Gt@teDl8Ot of Investment Policy for
Fiscal Year 2O14-2O15.
A DloUOO was made by Lozano, GeC0Od8d by Pacheco, and carried (4 — O — 1, Garcia
abstained) to [BD8iYe and file the Statement Of Investment Policy for FiSC@| Year
2O14-2D15.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
2'. APPROVAL OF A 3-PARTY AGREEMENT BETWEEN FITNESS INTERNATIONAL,
AND PLANNING RELATED SERVICES FOR A PROPOSED 45,000 S.F. LA FITNESS
AND 9,000 S.F. RETAIL /RESTAURANT BUILDING AT 13822-13916 GARVEY
AVENUE (OVAL SITE)
Staff recommends that the City Council approve the 3-Partv Agreement and direct the
Mayor to sign the Agreement between Fitness |OteO7EtiOD@|. LLC, HOg|E+|re|8Od. Inc. and
the City of Baldwin Park.
Councilmember Garcia announced at the
abstain from vote of Item No. 8 because
Maddux, which was bought out by Evoq.
beginning of the meeting that she would
she owns stock in the company, Meruelo
Mayor Pro Tern Pacheco pulled this item, requesting that it be brought back on a future
agenda in order to allow additional time to review the item, and asked that the City
Attorney review and determine whether there is a conflict of interest.
Marc Castagnola, Community Development Manager, informed Council that, while the
project itself is not time sensitive, the reason for the agreement is that L.A. Fitness has
'the 'to �n.� Of documents for he r�rniart nr�
expressed the desire to expedite the processing V� docume s t r..rojec and,
therefore, a consultant has been retained to prepare and submit all the necessary
documents on behalf of L.A. Fitness.
A motion was made by Pacheco, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to pull Item No. 8 from this agenda and bring the matter back for
consideration on a future agenda in order to provide time for staff to review the
matter again and investigate any underlying issues that would be of concern to
Council.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
9. RECOMMENDATION TO APPROVE THE UPDATED JOB SPECIFICATIONS OF
CHIEF DEPUTY CITY CLERK, ECONOMIC PROJECTS COORDINATOR,
ASSOCIATE PLANNER AND ESTABLISH NEW SALARY RANGE FOR POSITION
•'r CHIEF DEPUTY CITY CLERK
It is recommended the City Council:
1) Approve the attached updated job specifications for the positions of Chief Deputy
City Clerk, Economic Projects Coordinator, and Associate Planner.
2) Approve the increase to the monthly salary of the Chief Deputy City Clerk to $4,685-
$6,278.
Councilmember Rubio pulled this item to note that the job description for the Economic
Projects Coordinator position includes planning and executing projects "with project
timelines." Councilmember Rubio requested that the description be revised to include
provisions that require measurable goals and timelines which would later be presented
to Council as status reports.
A motion was made by Rubio, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to approve and adopt the updated job specifications for the Chief Deputy
City Clerk, the Associate Planner, and the Economic Projects Coordinator contingent
upon the requested revisions; and approve the increase in monthly salary for the
Chief Deputy City Clerk to a range of $4,695 to $6,278
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
10. ESTABLISHMENT OF PREFERENTIAL PARKING ZONE ON 3000-3200 BLOC&S OF
BIG DALTON AVENUE
It is recommended the City Council adopt Resolution No. 2014 -032 "A RESOLUTION
THE -ry n ^e II /lr 1' MTV f1 DA A IAI D4 V CALIF (l4? ��
Or HE Cl l r %COUNCIL yr THE CITY OF BALDWIN o PRIX, ORN!A,
ESTABLISHING PARKING ZONES FOR THE 3000 -3200 BLOCKS OF BIG DALTON
AVENUE."
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to approve and adopt Resolution No. 2014 -032 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ESTABLISHING PARKING ZONES FOR THE 3000 -3200 BLOCKS OF BIG
DALTON AVENUE."
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
PARKING RESTRICTIONS O
RECREATIONAL VEHICLES
It is recommended the City Council introduce for first reading, by title only and waive
further reading, Ordinance 1365, entitled, " AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 72.21 OF
THE CITY OF BALDWIN PARK MUNICIPAL CODE ".
Councilmember Rubio pulled this item for further discussion and requested clarification
as to whether the Ordinance would include trucks with campers, particularly when the
owners move the vehicle from one side of the street to the other to avoid citations.
Dan Wall, Director of Public Works, explained that the Ordinance address the issue,
specifically recited as "any house car or camper on any street in city shall not park for a
period of more than 2 hours."
A motion was made by Rubio, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to approve Ordinance 1365 and bring the Ordinance back for Second
Reading at the next meeting of Council.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
COUDd|Dle[Db8r Garcia returned tD Chambers 8t7:37p.0. and resumed her position ODthe
daises.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT
COMMISSION
CALL TO ORDER
`
The meeting was called to order Et7:38 p.m.
Mayor Pro Tern Pacheco asked that Staff provide G brief overview Of the items appearing on the
Consent Calendar prior to consideration and vote.
Sh8OOOD YGUchZe8, Chief Executive Officer, explained that the first de[D presented is for the
purpose of correcting or deleting duplication of properties listed OO Housing Asset Transfer List.
He further explained that the GeCOOd item is 8 ConlpaOi0O to the first in that it 8iigOS the
schedule Of payment obligations to the Housing Asset T[8OSf8[ List and that there are OO
significant changes tOthe information
Marc C@St8gOO\8, CD0DOUOity Development K88D8ge[. offered to 8OSw8[ any additional
questions Council may have. Craig G[8V8S. Director OfFinance, indicated that the Fle80|uUOO
and accompanying Payment Schedule are part Of8 State Mandated reporting requirement and
that no significant changes have OCCU[[ed since the adoption of the FiSC8\ Budget which was
approved this past July 2O14.
�
�
H
H
H
1. APPROVAL OF RESOLUTION NO. SA 2014-004 AN AMENDMENT TO
ATTACHMENT A OF THE HOUSING ASSET TRANSFER LIST
It is recommended that the Successor Agency of the Community Development
Commission of the City of Baldwin Park adopt Resolution No. SA-2014-004 entitled: "A
RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK APPROVING AN
AMENDMENT TO ATTACHMENT A OF THE HOUSING ASSET TRANSFER LIST"
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
approve and adopt Resolution No.SA 2014-004, "AN! AMENDMENT TO
A ASST TRANSFER LIST."
ATTACHMENT /-X 0'rr"THE HOUSING ASSE
AYES: Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
Staff recommends the City Council, as governing body of the Successor Agency:
1. Adopt the Recognized Obligation Payment Schedule (ROPS) 14-15B for the period
of January 1, 2015 through June 30, 2015; and,
2. Direct staff to proceed with submitting the draft ROPS 14-15B for approval to the
Oversight Board; and,
3. Send the approved ROPS to the County Executive Officer, County Auditor
Controller, the State Controller and Department of Finance; and,
4. Instruct staff to post the approved ROPS 14-15B on the City's website.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to pull the
item for further review and to address it at a future meeting.
AYES: Cruz Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
H
r • .: r
MON. 101,1101W
Marc Castagnola, Community Development Manager, noted that the Long -Range
Property Management Plan had previously been approved in October 2013, but that
there are minor corrections that are required and to align the property listed in the Long -
Range Plan to coincide with the Housing Asset Transfer List to ensure not duplication or
overlaps. He noted that this action is considered a "housekeeping" item and does not
affect the disposition of the real property or associated valuation.
The Mayor opened the public hearing at 7:43 p.m. and invited public comments in
opposition or support. Seeing no one wishing to speak on the matter, the Mayor closed
the public hearing at 7:44 p.m.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve
and adopt Resolution No. SA- 2014 -002 entitled: "A RESOLUTION OF THE
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF BALDWIN PARK AMENDING THE LONG -RANGE PROPERTY
MANAGEMENT PLAN PREPARED PURSUANT TO HEALTH & SAFETY CODE
SECTION 34191.5 FOR THE DISPOSITION OF REAL PROPERTY ASSETS OF
THE FORMER COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
BALDWIN PARK."
AYES: Cruz Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
None.
COMMUNICATIONS
Councilmember Garcia took a moment to provide clarification, based on assertions that there
would be an investigation into her recusal on the Oval Site item, that she has always recused
herself whenever the item has come up for consideration, even when the item was presented
while she served as a Planning Commissioner.
Mayor Pro Tern Pacheco commented that the necu8ai seemed last minute and was seeking
dahfiC8tOD as to what cODDBCtiOO {|OunCiiDleDlbe[ C9@Rci@ may have with the project. He
confirmed his decision tO have staff prepare 8 report On the project hJ[cOOSideraUVO.
K8@yD[ Pro Tern Pacheco asked that City staff make efforts to educate the C000UOitv OO the
need t0 CoOS8rV8 VV@ter, particularly with the recent drought that California is CU[FeDt/y facing.
COUOCi|[neDlber Baca commented that [D8Oy senior Citizens are unfamiliar with the watering
restrictions and expressed the desire for Code Enforcement personnel tOeducate citizens rather
than Citing them for ViO|8tinO. Staff was then directed to include on the City's reader board
display the time and day restrictions for watering l8VVOS and |8DdSC@pe in the CO[DDlUDity.
ADJOURNUFNT
There being no other bU8iOeSS to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:02 p.m.
The next Regular COUOCi| Meeting will to be held on {}CtDbe[ 1. 2014. in the City Council
Chambers located at 14403 East Pacific Avenue, Baldwin Park, California. /\ Study Session
and Special Session will be held nn October 1.2O14. beginning at5:3Op.m.. followed byClosed
Session. The Regular Business Meeting will commence ct7:OOp.m.
Mayor
City Clerk
BALDWIN PARK FINANCING AUTHORITY REGULAR MEETING
SEPTEMBER 17, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
WTIAWNFEO-0 . � 0
The meeting was called to order at 7:02 p.m. by Chair Lozano.
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
Nim mA-
1. TREASURER'S REPORT: JULY 2014
Staff recommends that the City Council receive and file the Treasurer's Report for June
2014.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive
and file the Treasurer's Report of July 2014.
AYES: Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
01-11te "a' ZIETilAin
There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn
the meeting at 8:02 p.m.
Chair
ATTEST:
City Clerk
Buy
ay go
MINUTES
BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING
SEPTEMBER 17, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The meeting was called to order at 7:02 p.m. by Chair Lozano.
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
-a] 1] .14 [OK9103 6 1 ky, I I I ki I DC11,111 01 P
1111
1. TREASURER'S REPORT: JULY 2014
Staff recommends that the City Council receive and file the Treasurer's Report for June
2014.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive
and file the Treasurer's Report of July 2014.
AYES: Baca, Garcia, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn
the meeting at 8:02 p.m.
Chair
ATTEST:
City Clerk
ITEM NO.
STAFF DEPORT
%o aF
TO:
The Honorable Mayor and Members of the City Council
�eB
rH x°
u
yr
FROM:
Shama P. Curian, Human Resources Manager
SAN GAB:RIEL
VALLEy �6,
� � t
ar o JAUJ^
DATE:
October 15, 2014
G
SUBJECT:
CLAIM REJECTION
SUMMARY
This report requests the City Council reject the
received for filing against the City of Baldwin Park.
FISCAL IMPACT
Unknown at this time.
Claims for Damages to person or property
RECOMMENDATION
Staff recommends City Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimants:
Go Ong, Rosalinda Sally: Claimant alleges trip and fall on City property
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City
Council to reject the claim by order of motion and that the claimant is sent written notification of
said action.
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.
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.
ITEM NO.
U:GHA: TO: Honorable Mayor and City Councilmembers
�� FROM: Daniel Wall, P.E., Director of Public Works / City Enginee
y® DATE: October 15, 2014
SUBJECT: AUTHORIZATION TO PURCHASE FUEL MANAGEMENT
SYSTEM
SUTyiMARY
The fuel management system used by Fleet Services to dispense fuel to city vehicles is obsolete and in need of
replacement. The current system is prone to frequent break down, and when it is operational it must be
manually controlled by Fleet Services staff, making it unavailable for after -hours fueling. As a result police and
other vehicles used outside of normal business hours are refueled at retail gas stations. The cost of fuel at retail
gas stations is much higher than the cost of fuel pumped at the City Yard. After careful consideration of current
and future fuel management needs it was determined that current manual system should be replaced with an
automated system.
FISCAL IMPACT
The total cost for the automated fuel management system will not exceed $55,000. $21,700 was budgeted in the
Fleet Services Equipment Replacement Fund, with the remaining funds to come from the sale of equipment
previously declared surplus by the City Council and the Asset Forfeiture Fund.
RECOMMENDATION
It is recommended that the City Council
1. Authorize the purchase of FuelMaster Fuel Management System, under a cooperative purchase agreement
maintained by the National Joint Powers Alliance, in accordance with Baldwin Park Municipal Code
Section 34.37; and,
2. Authorize the Director of Finance to make appropriate transfers and fund adjustments.
BACKGROUND
The current system is prone to frequent break down, and when it is operational it must be manually controlled
by Fleet Services staff, making it unavailable for after -hours fueling. As a result police and other vehicles used
outside of normal business hours are refueled at retail gas stations. The cost of fuel at retail gas stations is much
higher than the cost of fuel pumped at the City Yard. In addition, the City Yard has a back -up generator which
will allow for fueling vehicles during power failures. After careful consideration of current and future fuel
management needs it was determined that current manual system should be replaced with an automated system.
In researching automated fuel systems it was determined that the system that will best meet the needs of the
City will require no keypad input or card swipe by the vehicle operator to refuel the vehicle. The FuelMaster
System outfits each vehicle with a RFID device in the fuel filler neck that automatically communicates vehicle
number, vehicle mileage, time, date, and amount of fuel dispensed to a data base for tracking and management
of fuel consumption. Employees authorized to fill fuel cans, will be issued a RFID key fob will track the time,
date and amount of fuel dispensed by that employee. This system will help to management authorized fuel use,
as well as provide vehicle mileage information to assist is preventative maintenance scheduling by Fleet
Services.
AUTORIZATION TO PURCHASE FUEL MANAGEMENT SYSTEM
October 15, 2014
Page 2
LEGAL REVIEW
None.
ALTERNATIVES
There are no currently available alternatives allowing 24/7 access without additional steps required of the
vehicle operator.
ITEM NO.
Z=
k-1 V 17. ,1AI x
The City was awarded a grant of $400,000 to construct a compressed natural gas (CNG) refueling station on the
city property near the intersection of Ramona and Badillo in front of the County Public Works Yard. The City
has identified an additional $400,000 in restricted funds that could be used for the construction of this project,
bringing the total funds available to $800,000. The preliminary cost estimate for the design and construction of
this project is $1,200,000. This cost sharing agreement with Los Angeles County will provide up to $400,000
bringing the total available funding to $1,200,000.
FISCAL IMPACT
There will no impact to the General Fund. The City was awarded $400,000 through the MSRC Local Government
Match Program. Up to $400,000 will be provided by Los Angeles County, and $400,000 will come from the
City's restricted funds such as AB2766, Prop A and Prop C.
In addition to providing fuel to City and County Vehicles, this station will sell fuel to the general public at market
rates. Based on preliminary projections this station should provide excess revenues on fuel sales to the public of
between $60,000 and $80,000 per year.
RECOMMENDATION
It is recommended that the City Council approve the cost sharing agreement and authorize the Mayor to execute the
same.
BACKGROUND
The City applied for and received grant funding through the MSRC Local Government Match Program for this
CNG Station. The City also unsuccessfully applied for additional funding for the station through the MTA's Call
for Projects program. Evans, Brooks and Associates, upon learning of the City's funding shortfall, approached
Los Angeles County about sharing in the cost of constructing this station.
The agreement calls for Los Angeles County and Baldwin Park to share the cost of construction on a dollar per
dollar basis for any amount in excess of the $400,000 MSRC grant, up to a total construction cost of $1,200,000.
In exchange, the station will include a slow fill compressor and line into the County Public Works Yard for the
overnight fueling of County vehicles. The slow fill into the County's yard will be separately metered in order to
properly charge the County for CNG being used in its vehicles.
The design of the station will include landscaping to provide a visual buffer to Ramona and Badillo.
LEGAL REVIEW
The City Attorney has reviewed the agreement.
APPROVAL OF CNG STATION COST SHARING
AGREEMENT WITH LOS ANGELES COUNTY
October 15, 2014
Pale 2
ALTERNATIVES
The City could forgo the construction of a CNG station at this location and surrender the MSRC grant and the
cost sharing with Los Angeles County, and either look for an alternate location and seek other sources of funding
or not construct a CNG station at all.
ATTACHMENTS
A. CNG Station Cost Sharing Agreement
THIS AGREEMENT, is made and entered into by and between the CITY OF
BALDWIN PARK, a municipal corporation in the County of LosAngeles (hereinafter
referred to as CITY), and the COUNTY • LOS ANGELES, a political subdivision • the
State of California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, the CITY owns fee and easement interests to the property at the
north east corner of Ramona Boulevard and Badillo Street with Assessor's ldentificatinn
No. 888-888-888, Thomas Guide Page/Grid 560-F3 in Supervisorial District 1, in the
City of Baldwin Park, State of California and, as more particularly shown on Exhibit A,
attached hereto, and made a part hereof, hereafter referred to as PREMISES; and
WHEREAS, CITY and COUNTY propose to design and construct a Compressed
Natural Gas (CNG) alternative fuel station on the PREMISES that would be providing a
service to CITY, COUNTY, and traveling public using CNG at the north east corner of
Ramona Boulevard and Badillo Street; design and construct a separate slow fill CNG
line and a meter to provide service to COUNTY'S vehicles stationed at Maintenance
District Yard (MD 1); provide 10 parking stalls including one stall designated for
Americans with Disability Act to provide public parking and access to COUNTY'S
Construction Permit Office situated at MD 1; (which work is hereinafter referred to as
IMPROVEMENTS); and
WHEREAS, in conjunction with IMPROVEMENTS, CITY and COUNTY also
propose to install landscaping and an irrigation system within the PREMISES, which
work is hereinafter referred to as "LANDSCAPING"; and
WHEREAS, IMPROVEMENTS and LANDSCAPING together are hereinafter
referred to as "PROJECT"; and
WHEREAS, CITY proposes to perform ongoing maintenance for LANDSCAPING
at CITY'S expense; and
•• ma, I I 1 11 =-- ROTEOM-61 W-M
WHEREAS, PROJECT is of general interest to CITY and COUNTY; and
WHEREAS, CITY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING AND FINAL DESIGN, solicitation of construction bids
,.--nd award • construction contract, and CONTRACT ADMINISTRATION for PROJECT;
n d
AN in
lzem . • •:
CONTRACT, and costs of CONSTRUCTION ADMINISTRATION as more fully set forth
herein; and
WHEREAS, CITY has requested financial assistance and COUNTY is willing to
provide aid to CITY up to a maximum amount of Four Hundred Thousand and 00/100
Dollars ($400,000.00) towards the total COST OF PROJECT; and
WHEREAS, COUNTY will release funding for PROJECT thirty (30) calendar
days prior to advertising the PROJECT for construction bids.
WH r-:D[7A(Z (-r')(ZTnF PRO 11=rT is r-iirr ntly estimated fr) he One Million Two
L-' I V �W— is cunen
Hundred Thousand and 00/100 Dollars ($1,200,000.00) with CITY'S estimated share
being Eight Hundred Thousand and 06/100 Dollars ($800,000.00) and COUNTY'S
contribution of up to a maximum amount of Four Hundred Thousand and 00/100 Dollars
($400,000,00); and
WHEREAS, CITY has applied for and received grant funds from the Mobile
Source Air Pollution Reduction Review Committee (MSRC) in the amount of Four
Hundred Thousand and 00/100 Dollars ($400,000.00), to be used to finance a portion of
COST OF PROJECT; and
WHEREAS, COST OF PROJECT is currently estimated to be One Million Two
Hundred Thousand and 00/100 Dollars ($1,200,000.00), will be financed by Four
Hundred Thousand and 00/100 Dollars ($400,000.00) in CITY funds, Four Hundred
Thousand and 00/100 Dollars ($400,000.00) MSRC grant funds, and a COUNTY
Highways-Through-Cities (HTC) contribution to CITY of up to a maximum amount of
Four Hundred Thousand and 00/100 Dollars ($400,000.00); and
WHEREAS, COST OF PROJECT, after the application of MSRC grant funds, is
to be evenly divided by the COUNTY and CITY with the COUNTY contribution not to
exceed Four-Hundred Thousand and 00/100 Dollars ($400,000); and
WHEREAS, CITY is further willing to administer PROJECT under the Clean
Transportation Funding Program in accordance with the (MSRC); and
WHEREAS, upon completion of PROJECT, CITY is willing to operate aas-'
maintain the PROJECT built on the PREMISES at CITY cost; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 • the California Streets and Highways Code.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
3100���
a. JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY mentioned in this AGREEMENT.
b. PRELIMINARY ENGINEERING AND FINAL DESIGN as referred to in this
A(-,RFFMFNT shall consist of envirnnmpntql findings and
approvals/permits; design survey; soils report; traffic index and
geotechnical investigation; preparation of plans, specifications, and cost
estimates; right-of-way engineering; utility engineering; and all other
necessary work prior to advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT, and the cost of any additional unforeseen work
that is necessary for the construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation and coordination
matters, changes and modifications of plans and specifications for
PROJECT necessitated by unforeseen or unforeseeable field conditions
encountered during construction of PROJECT, construction contingencies,
and all other necessary work after advertising of PROJECT for
construction bids to cause PROJECT to be constructed in accordance
with said plans and specifications approved by CITY and COUNTY.
f. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
CITY and an electronic notification to COUNTY'S Assistant Deputy
9��
Director of Fleet Management Division, Mr. Keith Lehto,
KLEHTOP-dpw.lacounty.gov, that the improvements are completed ani
operational.
a. To comply with the requirements set forth in the California Environmental
Quality Act (CEQA) and the State CEQA guidelines prior to implementing
PROJECT and that CITY shall be the lead agency with respect to any and
all CEQA compliance related to the PROJECT. In addition to its other
indemnification obligations as specified in this AGREEMENT. CITY hereby
agrees to indemnify, defend, and 'hold harmless UUUN i Y Ul-
LOS ANGELES and their elected and appointed officers, -employees, and
agents from and against any and all claims and/or actions related to the
PROJECT that may be asserted by any third party or public agency
alleging violations of CEQA or the CEQA Guidelines or the National
Environmental Policy Act.
b. To perform or cause to be performed the PRELIMINARY ENGINEERING
AND FINAL DESIGN for PROJECT.
c. To finance the COST OF PROJECT, currently estimated to be One Million
Two Hundred Thousand and 00/100 Dollars ($1,200,000.00), less
COUNTY HTC contribution up to a maximum amount of Four Hundred
Thousand and 00/100 Dollars ($400,000.00) and reimbursement from
MSRC grant funds, the actual amount of which is to be determined by a
final accounting of COST OF PROJECT.
d. To design and construct a separate slow fill CNG line and a meter to
provide service to COUNTY'S vehicles stationed at Maintenance District
Yard (MD 1); provide 10 parking stalls including one stall designated for
Americans with Disability Act to provide public parking and access to
COUNTY'S Construction Permit Office situated at MD 1.
e. To evenly divide the COST OF PROJECT less the reimbursement funds
received from MSRC between the CITY and COUNTY with COUNTY
contribution not to exceed Four-Hundred Thousand and 00/100 Dollars
($400,000).
f. To obtain COUNTY'S approval of plans and specifications and tota
project cost estimate for PROJECT prior to advertising for constructior
bids and to obtain COUNTY'S prior written approval for any mater4'
revisions to the approved plans and specifications and for any additional,
work that CITY proposes to complete on PREMISES as part of PROJECT.
g. To obtain permit application by accessing webs�4.*
hftp://dpw.lacounty.gov/spats/publi and complete permit application
for encroachment, excavation, and construction work, including a
certificate of liability insurance and acknowledgement of best management
practices and submitting complete package at no cost to the CITY to the
Permit Counter of the Department of Public Works located at 900 South
Fremont Avenue, Alhambra, California 91803, to construct those portions
of PROJECT within COUNTY'S JURISDICTION.
h, To act as COUNTY'S attorney-in-fact for the purpose of implementing the
PROJECT within COUNTY'S JURISDICTION and in all things necessary
and proper to complete PROJECT.
To ensure construction contract provides COUNTY with all indemnity
r
provisions granted to CITY. if CIT Y requires construction contract to
name CITY as an insured for the PROJECT, then CITY will require
COUNTY be named as well.
j. City shall keep, inspect, and maintain the PREMISES and the PROJECT
in a safe, clean, and orderly condition at all times and shall not permit
trash and debris, including but not limited to rubbish, tin cans, bottles, and
garbage to accumulate at any time, nor shall CITY commit, suffer, or
permit any waste on the PREMISES or permit any acts to be done in
violation of any laws or ordinances thereon.
k. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
I. To furnish COUNTY with quarterly updates during the PROJECT on the
costs expended on the PROJECT to date, including both the projected
initial COST OF PROJECT and the actual COST OF PROJECT.
m. To obtain the necessary permits form various agencies and comply with
all applicable Federal, State, and local laws, rules, and ordinances in the
performance of this AGREEMENT.
n. To provide as-built plans to COUNTY upon completion of PROJECT and
final inspection and acceptance by CITY Council that the improvements
on the PREMISES have been constructed in accordance with said plans
and specifications approved by CITY and COUNTY.
Upon completion of PROJECT to maintain in good condition and at
CITY'S expense all improvements constructed as part of PROJECT on the
PREMISES.
a. • review CITY'S plans and specifications and total project cost estimate
for PROJECT prior to solicitation for construction bids.
b. To contribute a COUNTY Highways-Through-Cities (HTC) funds to CITY
based on the total project cost estimate but in no event greater than the
amount of Four Hundred Thousand and 00/100 Dollars ($400,000.00)
toward the COST OF PROJECT currently estimated to be One Million
Two Hundred Thousand and 00/100 Dollars ($1,200,000.000, the actual
amount of which is fn he determined by a final accounting of COST OF
PROJECT, pursuant to paragraph 4) b., below.
c. To deposit with the CITY, following execution of this AGREEMENT and
upon demand by CITY but in no event earlier than thirty (30) calendar
days prior to advertisement of PROJECT for construction bids, COUNTY
funds up to a maximum amount of Four Hundred thousand and 00/100
Dollars ($400,000.00) as COUNTY'S HTC contribution funds towards the
COST OF PROJECT. Said demand will consist of a billing invoice
prepared by CITY and delivered to COUNTY. The actual amount of which
is to be determined by a final accounting of COST OF PROJECT)
pursuant to paragraph 4) b., below.
d. To grant the CITY any temporary right of way or license to use property
that COUNTY owns or has an easement for that is necessary for the
construction of PROJECT at no cost to the CITY.
1111�111 �,1, '"III!! Vii 11 ii, IiIi ''I'll" l•llil ill ji IIIIIIII liq iiiii Iiiiii 1111 ii�l ii
a. The final accounting of the actual total COST OF PROJECT shall allocate
said total cost between CITY and COUNTY based on the location of the
improvements and/or work done. Thus, the cost of all work or
improvements (including all engineering, administration, and all other
costs incidental to PROJECT work) located within CITY'S JURISDICTION
shall be borne by CITY.
b. City shall furnish COUNTY within Ninety (90) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
c. COUNTY shall review the final accounting report prepared by CITY and
report in writing via electronic mail notification any discrepancies to CITY
within sixty (60) calendar days after the date of said report.
az
I I I IM 0=11IIII I pi I iflit-liamajilelf.Rrt.] 211 Ta
e. This AGREEMENT may be terminated, amended, or modified only by
mutual written consent of CITY and COUNTY. Termination, amendments,
and mnrfifir,,qtinn.q of a nonmaterial nature may be made by the mutual
written consent of the parties' Directors of Public Works/City Engineer or
their delegates.
f. Each party shall have no financial obligation to the other party under this
AGREEMENT, except as herein expressly provided.
g. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. Daniel Wall
Director of Public Works/City Engineer
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706-4297
COUNTY: Ms. Gail Farber
Director • Public Works
County • Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
fizfm�
Neither COUNTY nor any officer • employee • C&IAT1-�•
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
JURISDICTION or arising from acts or omissions on the part of the CITY
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 089705.4, Cul"11 shall fully indemnill,
yl
defend, and hold COUNTY harmless from any such damage, liability •
claim. In addition to being an agreement enforceable under the laws •
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e),
Section 107(e), • the amended CERCLA, and California Health and
Safety Code Section 25364.
j. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability
Agreement 34426 between CITY and COUNTY, adopted by the Board of
Supervisors on November 14, 1977, and currently in effect.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tv
be executed by their respective officers, duly authorized by the CITY OF BALDWIN
PARK on 2014, and by the COUNTY OF
LOS ANGELES
•
SACHI A- HAMA!
r^c °,U 4;V®c Off;--r of the
Board of Supervisors of the
County of Los Angeles
MA
Deputy
APPROVED AS TO FORM:
RICHARD D. WEISS
Acting County Counsel
By
Deputy
as
CITY OF BALDWIN PARK
By
91
ml=
:• •.
54B ` TO:
H OF
THE FROM:
' SAN GABRIEL a DATE:
VALLEY " 41
�Ao��TfD JANUPa��e SUBJECT:
ITEM NO.
Honorable Mayor and City Councilmembers
Daniel Wall, P.E., Director of Public Works / City Enginee
October 15, 2014 l 711�
AUTHORIZATION OF CIVIC PLAZA DESIGN SERVICES
SUMMARY
Iri_:_ __11 +1- 7 r,..tt...l.. 11,,..T.,, r .-� ..._ 1 a •r: _ a
1 ll1J W111 aLi L11C'irize La 1.Q11AUQ Design Group LU FJrepA.re construction lletl ®Yl (.51tl.ils ailU speellie�l.t� ®ns 1U1 L11G PI- OPO3GU
Civic- Plaza
FISCAL IMPACT
The preparation of construction plans and specifications will not impact the General Fund. This work was not
included in the Fiscal Year 2014 -2015 budget. The maximum cost of this work is not to exceed $279,020, and
will be paid with unappropriated Quimby Funds.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize La Canada Design Group to prepare construction plans and specifications for the proposed Civic
Plaza in accordance with the attached scope of services; and
2. Authorize the Director of Finance to make appropriate transfers and fund adjustments.
BACKGROUND
On June 18, 2014, the City Council named La Canada Design Group as the provider of on -call architectural
services to the City. Subsequently members of the City Council requested that design concepts for a Civic Plaza
be developed. Those conceptual designs were presented by La Canada Design Group at a publically noticed
Special City Council Meeting held on September 23, 2014. Based on direction from the City Councilmembers in
attendance, this agreement has been prepared for approval by the City Council.
The City entered into a three year professional services agreement with La Canada Design Group on June 181n
2014, for architectural design services. That agreement requires that work in excess of $10,000 be brought to the
City Council for its review and approval
LEGAL REVIEW
None required
ALTERNATIVES
The City could choose not to go forward with the design of the Civic Plaza at this time.
ATTACHMENTS
A. Scope of services
WO
OR
October 2, 2014
Mr. Daniel Wall, Director of Public Works
City of Baldwin Park
14403 Bast Pacific Avenue
Baldwin Park, CA 91706
Project: New Civic Plaza
Proposal No.: P -1511
Subject: Proposal for A-E Services
Dear Dan:
We're pleased with the enthusiastic response to the concepts for thQ new Civic Plaza. The
following is our proposal to design the plaza west of the Civic Center. We've described the
project, services we will provide, those services the City will provide, schedule and costs.
Description — Our proposal is based on Option 1, dated 9%23114, which was presented to the
City September 2.3`d. A copy of the site plan is attached for your reference. The 2.1 acre site is
bounded by streets on the east and west sides and private properties on the north and south.
There may be a reduction in the project boundary; if there is a reduction in site area., it will, be
determined within the next several weeks.
Construction Budget - $3,270,000 as estimated in the Conceptual Design phase,
Scope of Services — The LCDG team- will provide architectural, landscape architecture, civil,
structural, and electrical engineering services. Allowances for several, specialty services has
also been included. Phases of design are defined below, and consist of Schematic Design,
Design Development, and Construction Documents. Bidding Assistance and Construction
Administration (including record drawings and project close -out) are o tp ional services. Due to
funding constraints, the project may be constructed in more than one phase, Project Delivery --
traditional Design - Bid -Build is anticipated'.
Definition of Design Phases
1. Schematic Design — General scope, conceptual design, and the scale and relationship of
components of the project are established..
2, Design Development - The size and character of the project are further described',
including architectural, landscape, civil, structural, and electrical systems, materials, and'
such other elements as may be appropriate.
3. Construction Documents -- The requirements for the work are set forth in detail.
4. Bidding Assistance (optional) — Bids are solicited and obtained and contracts are
awarded. The design team assists City procurement by preparing bid packages,
attending pre -bid job walk, responding to bidder's queries, and evaluating bids.
5. Construction Administration (optional) n Work is performed by the contractor. The design
team; provides administrative support including responding to inquiries (RFIs), submittals,
site observation, review of pay requests, and project close -out.
Services Provided by Disci line
1.. Architectural
a, Team management including contracts, invoicing, coordination, scheduling,
quality control, and cost control,
b. Primary interface with the City
Page 1 i of 6
IA CA&ADA Gr< MP
TERIORS
-�f- RANNING N
A*RCH�TEMJr
c. Primary leadership in development of the plaza design
d. Definition of hardscape — location, finishes
e. Pavilion architecture
f. Define opportunities for artists (wall, paving, benches, sculpture, etc.).
g. Site fighting concepts
h. Standard signage
1. Security requirements (i.e, CCTV, Blue Light Telephones); to be indicated in
Electrical drawings,
j. Fire protection equipment access plans
k. Renderings — formal rendering and 4-5 'character sketches',
I. Property boundary investigation (i.e, the adjacent commercial properties on the
north side). LCDG to provide description of easement or property to be
purchased for inclusion in grant or deed documents prepared by city.
m (nnOrtinfinn rnqf Pqfimqinn� Fife cycle costingleataluatior S
n, Construction phasing strategies
o. Pavilion special performance utilities — AN, sound systems
p. Two review and coordination meetings with City each design phase.
2. Landscape Architecture
a. Coordination, drawings, calculations, specifications
b. Provide supporting materials as may be required for City reviews and approvals,
c. Site irrigation
d. Softscape — plant materials, soils and planting requirements
e. "Heritage garden" design
f. Landscape lighting (in coordination with Electrical Engineer)
g. Construction cost estimating; life cycle costingievaluations
h. Assist in gaining plan check approvals
3, Civil Engineering, Site Survey
a. Coordination, drawings, calculations, specifications
b. Provide supporting materials as may be required for City reviews and approvals,
c. Site survey - boundaries, topo, utilities, existing improvements, etc,
d. Property boundary investigation (i.e. the adjacent commercial properties on the
north side) for possible purchase of easement or portion of property. LCDG to
provide investigation, and provide description of easement or property to be
purchased by City for inclusion in grant or deed
e, Horizontal and controls
f. Final topography
g. Site drainage
h. Storm water management plans and report as required by regulating agencies
(LID, SWPP, etc.)
i. Excavation, grading, finish grading, coordination with Landscape Architect
Locate site utilities utilizing underground utility survey (e,g. USA), and City-
furnished utility maps
k. Hardscape
1, Construction cost estimating; life cycle costing/evaluations
m. Assist in gaining plan check approvals
4. Structural Engineering
a, Coordination, drawings, calculations, specifications,
b. Provide supporting materials as may be required for City reviews and approvals.
c. Construction cost estimating; life cycle costing/evaluations
d. Pavilion and site walls
e. Cast-in-place benches
f, Assist in gaining plan check approvals
Page 2 of 6
bA CMADA GESKON GROUP,
AR(HM� (�TURE- PLAINNNNG . NTERIORS
5. Electrical Engineering
a, Coordination, drawings, calculations, specifications
b. Provide supporting materials as may be required for City reviews and approvals.
c. Construction cost estimating; life cycle costing /evaluations
d. Street lighting at east and west ends of civic plaza
e. Plaza lighting
f. Pavilion, special performance utilities — AN, sound systems
g. CCTV and/or emergency Blue Light Telephones, (EBLT)
h. Assist in gaining plan check approvals
Specialty Services
1. Traffic Engineering — Examples of potential services
a. Coordination, drawings, calculations, specifications, estimating
b, qi innnrfincimnt rink ;a.cz mqv hp rpm tirpri fnr Citv rpwipwr, nnri Pnnm%/-qIQ
c, Traffic and parking consulting
d. Traffic control requirements
e. Assist in gaining plan check approvals
2. Geotech Engineering
a. Coordination
b. Soils report consisting of subsurface exploration, laboratory testing, and report
preparation. One boring to 50 feet and 4 test pits to depths between 5 and 20
feet.
c. Percolation testing in two of the test pits at depths between 3 and 5 feet
d. Provide supporting materials as may be required for City reviews and approvals,
e. Assist in gaining plan check approvals, including summary statement if required
by plan check officials.
3. Underground Utility Survey
4. Fire protection/fire hydrant flow tests of existing systems
Assumptions and UnderstaaqLn_qs
1. Understandings
a. Project phasing — Due to budget constraints, the project may be built in multiple
phases. As the annual funding limit is unknown at this time, our proposal assumes
the project will be built in three phases, The construction documents will describe
a single project or package. With the City, the design team will identify those
items that can be noted on the plans to serve as deferred phases. Examples may
include the pavilion, or street parking, or cast-in-place benches. Each can be
easily identified in the Instructions to the Bidders.
b. LEED-related services including oertification and commissioning are not required
by the City.
c. For economy, the LCDG surveyor will provide a field boundary survey, not a
Record of Survey of the site,
2. City Standards — The City does not have standards for utilities, irrigation, drinking
fountains, etc. The design team will meet with City maintenance staff to review LCDG
recommendations,
3. City Provided Services
a. Negotiations with School District for small parcel with flagpole on east side of civic
plaza boundary.
b,. Existing property ownership — Private, public and school parcels exist within the
project limits that may need to be merged or a lot line may need to be adjusted.
Vacated streets may be made into a single lot for the entire civic plaza.
Page 3 of 6
'_'_ . ..... .. p� M, LA CM AUA DES�UN GRCXJP
BONN I ARICHITEGTURE, PLANNNG, INTERDRS
Subdivisions and lot line adjustments/mergers including legal descriptions and
deeds will be performed by the City,
c. public easements — As streets are vacated, public easements may need to be
recorded to maintain rights to the public utility companies (i.e. gas, water,
electrical, power, etc.). City will perform these services.
d, Pacific Avenue (between the Civic Center and Civic Plaza) narrowing, pedestrian
crossings - design, construction
e. Storm water — During construction, State will require weekly inspections. City will
require cost of inspections to be included in builder's bid.
f. Off -site utility and street improvements
4. Design Clarifications:
a. Specifications — The design team will use MasterSpecs, an industry standard
rather than a Green Book-type specification.
b. increased parking will he considered in the ,Schematic Design nhR;ze int-.11 lefinn
underground parking such as one level under the entire site or three levels at the
west end.
c, 1_,EED and Sustainability — Sustainability features and standards will only be
provided to the level required by current codes, unless a, sustainable feature
results in lower construction costs.
d, Street curbs, gutters and drainage — LCDG will provide design at alley and west
end of plaza (LCDG will recommend adding the 20 diagonal parking spaces
shown in Options 2 and 3 at the west end),
e. Sidewalks — In addition to internal sidewalks, LCDG will design new sidewalks
along the south and east side of the Civic Plaza.
f, Stormwater — Due to size of project and amount of paving, LCDG will prepare low
impact design, and prepare, the SWPP book and plans for filing with the State.
g. Existing Slte Utilities — To the extent possible, LCDG will retain existing on-site
utilities. An evaluation of existing site utilities (condition, capacity) is not included
as the only significant utility use is electrical. In coordination with the City, final
determination of improvements will be determined jointly with City and LCDG's
civil engineers. The electrical engineer will coordinate with SCE service planners
to arrange service for the Civic Plaza. We assume the existing SCE electrical
vaults will not be relocated. Water requirements for irrigation are minor. The point
of connection from existing water service will be determined in the course of
design.
111�&M
Architecture /Management — La Canada Design Group (LCDG)
Landscape Architecture — Armstrong, & Walker
Civil Engineering, Site Surveying — Brandow & Johnston
Structural Engineering, —, Brandow & Johnston
Electrical Engineering — P2S
Traffic Engineering — Fehr & Peers
Geotech Engineering - Geotechnologies
Schedule — The proposed project schedule, dated 10/l/I 4 is enclosed. We estimate the
construction documents can be plan check ready by June 2015, with plan check approval
expected by August 2015.
Terms and Conditions — As stated in the Agreement for Professional Services between the City
and La Canada Design Group with a commencement date of 6/19/14. The following
Page 4 of 6
LA CANADA ULSK,N GROUP
L L ARCHTECTURE PLANNW'G IN"FERKAS
amendments for this project are proposed with the final language to be developed jointly prior to
executing this proposal.
1. Claims and Disputes (mediation, arbitration, etc,)
2. Time limits for review of RFIs, submissions, pay apps, change order
3, Definitions - such as "standard of care"
4. Termination of Agreement - shorten the "Consultant" right to terminate from 60 days'
notice to 15 days' notice
5. Project Duration - If the project extends beyond April 2016, a fee adjustment will be
requested.
Additional Services - As defined in paragraph 7.C, of the Agreement and:
1. Fund raising and grant writing support-, special brochures and promotional materials
2, Artist splent on and coordination during construction (I (-D(' I wit! provide opportuniti4- f r
- 0 -s , o.
artists such: as mural wall
3, Architectural models
4. Monument signs, custom way-finding signage
5. Arborists, tree survey reports
6. Consultants -Should any other consultants be needed not listed above, the not-to-
exceed fee will be adjusted (i.e. fountain designer, graphic designer, lighting and sound
system consultant(s)),
7. Public presentations, hearings and outreach
8. Fire protection - LCDG will investigate the need for additional fire hydrants. If required,
fire protection systems are designed and built as a sub-contract to the General
Contractor. The City will allow a 'deferred approval' for fire protection.
9, Plan, Check - LCDG will process normal plan check in the following departments:
Building & Safety, Fire, and Planning. Processing approvals associated with Air Quality,
Traffic, and other agencies and the State are not included.
10. All agency application fees will be paid by the City
11. Material change in the project, including size, complexity, schedule, budget, procurement
or delivery method
12. Changes or editing previously prepared drawings and/specifications necessitated by the
enactment or revision to codes, laws, regulations or official interpretations,
13. Preparation of design and documentation for bid alternates.
14. Construction-related: 1), preparing change orders and construction change directives that
require evaluation of contractor's proposals and supporting data, or the preparation or
revision of Construction Documents; 2) evaluating an extensive number of claims; 3)
evatuating. substitutions proposed by the City or the contractor and making subsequent
revisions to the Construction Documents; and 4) providing services beyond & months
from the date of this agreement.
Cost for Services - LCDG will provide the above services (Schematics, Design Development
and Construction Documents Phases) for a stipulated sum of $$261,600 for labor plus normal
reimbursable expenses, to be invoiced, monthly on an amount earned basis. Estimated costs per
phase are:
1, Site Survey- $9,500
2. Schematic Design - $50,073
3. Design Development - $78,299
4. Construction Documents - $123,728
5. Reimbursable Expenses, - Not to exceed $17,420
Optional, Services:
1. Bidding Assistance -Budget $10,978
Page 5 of 6
LA CAP',W )A DESiGN GROCIP
L bl��,11,116941-1 AIRCHRI�CTU,,RE PLANPONG. NIENIORS
2, Construction Administration — Budget $54,422
3. Reimbursable Expenses — Not to exceed $1,481
Specialty Services,
1. Traffic Engineering — Cost unknown; scope not defined
2, Geotech Report - $6,800
a. Corrosion testing (need to be determined) - $2,100
3. Underground utility survey — allowance - $4,000
4. Fire flow tests — allowance - $2,500
Please refer to Exhibit A for a detailed breakdown of costs by discipline and phase. Consultant's
proposals are enclosed for your reference. Due to the extensive civil engineering and landscape
architecture, LCDG talked with, and received five proposals for these disciplines, Exhibit A
shows cost proposals for all firms, The recommended ta—arn is highlighted in blue; those
considered the best value.
Sincerely,
"K/
Lance Bird, President
California, Licensed Architect 05595
Encl. Option 1 - Site plan dated 9/23/14
Proposed Project Schedule — dated 10/1/14
Exhibit A — Breakdown of Costs - by discipline and phase
Consultant Proposals
Page 6 of 6
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SUMMARY
This resolution will adopt to e Cagy of BaiuvJui Park lvaaaaiiat lcir Living Streets design t0 pTOV1Qe guidelines and
standards so that transportation improvements are planned, designed, constructed, operated and maintained in a
consistent manner to encourage walking, bicycling and transit use while promoting the safety of all street users.
FISCAL IMPACT
The adoption of this living streets manual will not have an adverse impact on the General Fund. However, this
policy will result in the Public Works Department re- evaluating public right -of -way projects and budgeting capital
improvements based on priorities established therein.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2014 -036 entitled: "A Resolution of the City of
Baldwin Park adopting the "City of Baldwin Park Manual for Living Streets Design" that establishes guiding
principles and design elements so transportation improvements are planned, designed, constructed, operated, and
maintained to encourage walking, bicycling and transit use while promoting the safety of all users."
BACKGROUND
On August 17, 2011, the City Council adopted a comprehensive Complete Streets Policy that documents the
City's desire to provide and improve pedestrian access and mobility throughout Baldwin Park, and improve the
pedestrian circulation system as identified in the City's General Plan. The adoption of the Complete Streets Policy
encourages walkability and physical activity through physical changes of the public right -of -ways.
The adoption of the Manual for Living Streets Design is critical to the implementation of the Complete Streets
Policy and will facilitate the vison of streets that are safe to walk and cycle, offer places for people to meet, link
healthy neighborhoods and destinations, provide access to physical activity and provide a connected active
transportation network.
The Manual will help ensure that the City's streets provide an environment that is safe for walking, cycling and
transit as for people of all ages and physical abilities. The Manual will assist and guide the City to comply with
and implement the requirements of the California Complete Streets Act. The Manual will also be used as a starting
point for all street design and will shape design decisions so that non - motorized forms of transportation are
considered.
A copy of the City of Baldwin Park Manual For Living Streets Design is Available for Review at the Public
Works Counter, and will be posted to the City's website upon adoption.
ITEM NO.
STAFF REPORT �
SUMMARY
This resolution will adopt to e Cagy of BaiuvJui Park lvaaaaiiat lcir Living Streets design t0 pTOV1Qe guidelines and
standards so that transportation improvements are planned, designed, constructed, operated and maintained in a
consistent manner to encourage walking, bicycling and transit use while promoting the safety of all street users.
FISCAL IMPACT
The adoption of this living streets manual will not have an adverse impact on the General Fund. However, this
policy will result in the Public Works Department re- evaluating public right -of -way projects and budgeting capital
improvements based on priorities established therein.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2014 -036 entitled: "A Resolution of the City of
Baldwin Park adopting the "City of Baldwin Park Manual for Living Streets Design" that establishes guiding
principles and design elements so transportation improvements are planned, designed, constructed, operated, and
maintained to encourage walking, bicycling and transit use while promoting the safety of all users."
BACKGROUND
On August 17, 2011, the City Council adopted a comprehensive Complete Streets Policy that documents the
City's desire to provide and improve pedestrian access and mobility throughout Baldwin Park, and improve the
pedestrian circulation system as identified in the City's General Plan. The adoption of the Complete Streets Policy
encourages walkability and physical activity through physical changes of the public right -of -ways.
The adoption of the Manual for Living Streets Design is critical to the implementation of the Complete Streets
Policy and will facilitate the vison of streets that are safe to walk and cycle, offer places for people to meet, link
healthy neighborhoods and destinations, provide access to physical activity and provide a connected active
transportation network.
The Manual will help ensure that the City's streets provide an environment that is safe for walking, cycling and
transit as for people of all ages and physical abilities. The Manual will assist and guide the City to comply with
and implement the requirements of the California Complete Streets Act. The Manual will also be used as a starting
point for all street design and will shape design decisions so that non - motorized forms of transportation are
considered.
A copy of the City of Baldwin Park Manual For Living Streets Design is Available for Review at the Public
Works Counter, and will be posted to the City's website upon adoption.
APPROVAL OF RESOLUTION 2014 -036 ADOPTING THE CITY
OF BALDWIN PARK MANUAL FOR LIVING STREETS DESIGN
October 15, 2014
Page 2
LEGAL REVIEW
None required
The City could choose not to adopt the Manual for Living Streets Design. In order to comply with the California
Complete Streets Act, the City could wait until a generic design manual is developed at the State or Regional
level and adopt that manual for use in Baldwin Park.
ATTACHMENTS
A. Resolution 2V't + -v36
A"
, 4JJfJ,*,J:J
Whereas, streets are a critical component of public space and play a major role in estab-
lishing the image and identity of a city, providing a key framework for current and future
development; and,
Whereas, the streets are a critical component of the success and vitality of adjoining land
uses; and,
Whereas, communities that support Active Living strive to create amenities that will en-
hance the quality of life of its residents, improve the physical and social environment in
ways that attract businesses and workers, and contribute to economic development; and,
Whereas, public health recognizes an inextricable link between health and the built envi-
ronment; and,
Whereas, the city's recent adoption of its comprehensive Complete Streets policy accom-
plishes the city's desire to improve the access and mobility for all users of streets in our
community by improving safety through reducing conflict and encouraging non-motorized
transportation and transit; and,
Whereas, the adoption of a Living Streets Manual will help provide for streets that are safe
to walk and cycle, offer places for people to meet, link healthy neighborhoods and destina-
tions, provide access to physical activity and provide a connected street network; and
•
-it ale a— 0 r-Tal 007 V -# 11
14 IRS
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREB71'
12ESOLVE AS FOLLOWS:
SECTION 2. The City of Baldwin Park will strive to enhance the safety, access,
convenience, and comfort of all users of all ages and abilities.
SECTION 3. Th,- (itv ('lark- -hail certffi/ to the adoption of the Manual for 1 iving
-1- U.,
Streets Dtesly-n.
MOM
A A
STATE OF CALIFORNIA
COUNTY • LOS ANGELES ss:
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do herby certify that the
foregoing Resolution 2014-036 was adopted by the City Council at a regular meeting held
on October 15, 2014 • the following vote:
OR H 3 a I I � N • 121150110 TA F-01 X F-0-1 9 M
HUB OF
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SAN GABRIEL e
0 VALLEY
-
p� �h
O�N1,715D JAN Q/
Im
ITEM NO.
Honorable Mayor and City Councilmembers
Daniel Wall, P.E., Director of Public Works I City Engineer j "
DATE: October 15, 2014
SUBJECT: NOTICE OF COMPLETION — BARNES PARK IMPROVEMENTS
SUM :IARV
The Barnes Park Improvements have been completed by the Contractor. Upon authorization by the City Council.
a Notice of Completion will be filed with the County Recorder allowing for closeout of the project.
FISCAL IMPACT
This $866,000 project had no impact on the General Fund. Funding was provided through multiple sources
including L.A. County Open Space Funds, CDBG, TDA Article 3, Upper San Gabriel Valley Municipal Water
District, Land and Water Conservation Fund, San Gabriel Valley Water Company, CalRecycle Grant, and
Quimby Funds.
RECOMMENDATION
It is recommended that the City Council:
1. Accept the construction improvements by Principles Contracting, Inc. and authorize the recordation of a
Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and,
2. Authorize payment of $43,349.10 (5 %) construction retention funds to Principles Contracting, Inc. upon
expiration of the 35 day lien period.
BACKGROUND
On December 18, 2013, the City Council accepted the plans and specifications, and authorized staff to publish a
Notice Inviting Bids for the construction of the Barnes Park Improvements. On February 19, 2014 City
Council awarded a construction contract to Principles Contracting, Inc., the lowest responsible bidder, to
construct improvements per approved plans and specifications.
A Notice of Completion notifies all subcontractors and materials suppliers that the project has been accepted
and that they have 35 days in which to file a lien or stop payment notice, after which time the City as owner has
no obligation to subcontractors or suppliers.
LEGAL REVIEW
None.
ALTERNATIVES
There is no alternative which provides the City as owner of the project the financial protection against
mechanics liens and stop notices that is provided by a Notice of Completion.
When Recorded Return To:
City of Baldwin Park
Department of Public Works
14403 East Pacific Avenue
Baldwin Park, CA 91706
This Space for Recorder's Use Only
NOTICE OF COMPLETION
Notice is hereby given that the certain work of improvement known as:
Barnes Park Improvements Project
for the City of Baldwin Park was accepted by the City Council on: October 15, 2014.
The work of improvement was performed and completed by:
Principles Contracting, Inc. on October 3, 2014.
The undersigned, being duly sworn, is the Chief Executive Officer for the City of Baldwin Park,
makes this verification on behalf of said entity, has read the foregoing and knows the contents
thereof, and that the facts stated herein are true.
Shannon Yauchzee, Chief Executive Officer
NOTARY PUBLIC CERTIFICATE )
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
On this day of 20 before me,
personally appeared
satisfactory evidence to be
acknowledged to me that he
instrument, the person or
instrument.
Date:
who proved to
the person whose name is subscribed to the
executed the same in his capacity, and that b y
the entity upon behalf of which the person
me on the basis of
within instrument and
his signature on the
acted, executed this
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Zi l/Gl s-All
� &C
.� HUB OF
THE
SAN GABRIEL w
NTgp JANVP
ITEM NO.
TO: Honorable Mayor and City Councilmembers
FROM: Daniel Wall, P.E., Director of Public Works / City Engineer I
DATE: October 15, 2014
SUBJECT: APPROVAL OF FINAL MAP FOR TRACT NO. 67478 AT
SUMNIAR V
This approves the Final �viap �vr Traci No. 67478 pursuant to the State Subdivision �vlap Act and Section 152.09
of the City of Baldwin Park Municipal Code.
FISCAL IMPACT
Approval of the Tract Map will not have any financial impact on the City.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2014 -037 " A Resolution of the City Council of
the City of Baldwin Park Approving the Final Map for Tract Map 68487 ".
BACKGROUND
This subdivision is a 0.717 acre development which would create thirteen (13) attached multi - family residential
condominiums located at 13226 -13232 Ramona Boulevard. A $27,660.98 cashier's check for bonding of street
improvements has been deposited with the City.
The Subdivision Map Act and our Subdivision Ordinance control land development in Baldwin Park.
The Subdivision Map Act is State law which essentially provides for technical control of the mapping, legal
descriptions, time limits, and general real estate related provisions. The Final Map is one of several the controls
that can be used by the City to ensure that development is consistent with community standards. The other
controls include the issuance of the construction permits, finalizing (closing) the construction permits, and
issuance of a Certificate of Occupancy.
LEGAL REVIEW
None.
ALTERNATIVES
None. The Tract Map meets all City and State Requirements and so the City is obligated by the Subdivision
Map Act to approve the map.
ATTACHMENTS
1. Final Tract Map No. 68487
2. Resolution No. 2014 -037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, APPROVING THE FINAL MAP
FOR TRACT MAP 68487
WHEREAS, on February 15, 2007, the property owner of the two parcels
comprising 0.717 acres submitted an application to join the land into 13 (thirteen) multi-
family units for condominium purposes; and
WHEREAS, on April 11 2007 the City's zoning administrator which approved
the tentative 'tract map for development Wiffil conditions and approved a number of
documents related to the proposed development including:
- Mitigated Negative Declaration of Environmental Impacts for a Specific Plan
- Conditional Use Permit
- Tentative Tract Map 68487.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby approves the Final Map for Tract Map
68487 and authorizes signatures thereon by the City Clerk, the City Treasurer, and City
Engineer.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
M ilk
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
Resolution No. 2O14-037
Page 2 of 2
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2014-037 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on October 15, 2014 and that the same
was adopted by the following vote to wit:
Total Area: 0.717 Acres
Number of lots: 1
All of tentative Tract No. 68487 TRACT NO"'. 68487
IN THE CITY OF BALDWIN PARK
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOTS 29 AND 30 OF TRACT NO. 8805, IN THE
CITY OF BALDON PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS PER
MAP RECORDED IN BOOK 116, PAGES 1 AND 2 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
OWNER'S STATEMENT:
WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS
INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTI VE
BORDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP
AND SUBDIVISION.
WE ALSO DEDICATE TO THE CITY OF BALDWIN PARK THE EASEMENT FOR SANITARY
SEWER AND UTILITY PURPOSES SO DESIGNATED ON SAID MAP AND ALL USES INCIDENT
THERETO, INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY
ADJOINING LOTS.
BP GARDEN LLC, A CALIFORNIA LIMITED L'ABIUTY COMPANY
KWOK SHU AU —YEUNG STEVE TZU YOUNG
(MANAGING MEMBER) (MANAGING MEMBER)
NOTARY ACKNOWLEDGMENTS
BP GARDEN, LLC
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
ON BEFORE ME A NOTARY
PUBLIC, PERSONALLY APPEARED KWOK SHU AU —YEUNG AND STEVE TZU YOUNG WHO
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS
WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY
THEIR SIGNATURES ON THE INSTRUMENT, THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
SIGNATURE MY COMMISSION NO.
NOTARY PUBLIC IN AND
FOR SAID STATE MY COMMISSION EXPIRES:
PRINT NAME MY PRINCIPAL PLACE OF BUSINESS IS
IN LOS ANGELES COUNTY
SIGNATURE OMISSION NOTES:
THE SIGNATURE OF JOHN ROWLAND, SR. AND WWAM WORKMAN HOLDER OF PRECIOUS
METALS AND GRES THEREOF, IN THE PARTITION DEED RECORDED IN BOOK 10 PAGE 39
OF DEEDS, HAS BEEN OMITTED IN ACCORDANCE WITH SECTION 66436 (a)3C OF THE
SUBDIVISION MAP ACT.
THE SIGNATURE OF SECURITY —FIRST NATIONAL BANK OF LDS ANGELES, A NATIONAL
BANKINGS ASSOCIATION, SUCCESSOR OR ASSIGNEE, EASEMENT HOLDER BY DEED
RECORDED IN BOOK 19109, PAGE 74, OF OFFICIAL RECORDS FOR PUBLIC UTILITIES,
PIPE LINES, AND DITCHES PURPOSES, HAS BEEN OMITTED IN ACCORDANCE WITH
SECTION 66436 (a)3A (1 —VIII) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST CAN
NOT RIPEN INTO A FEE
BASIS OF BEARINGS:
THE BEARING N 48'07'00' W OF THE CENTERLINE OF EARL AVENUE AS SHOWN ON TRACT
NO. 49451 AS FILED IN BOOK 1181, PAGES 3 AND 4 OF MAPS, RECORDS OF LOS
ANGELES COUNTY, WAS USED AS THE BASIS OF BEARINGS OF THIS MAP.
CONDOMINIUM NOTE
THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 13 UNITS, WHEREBY
THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE
COMMON AREAS WHICH WU_ IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY
EASEMENTS FOR THE UNITS.
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND
DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS
OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CAUFORNIA
DATE
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $
HAS BEEN FILED WTH THE EXECUTIVE OFFICER, BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE
PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES
ON THE LAND SHOW ON MAP OF TRACT NO. 68487 AS REQUIRED BY
LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
DATE
SURVEYOR'S STATEMENT:
SHEET 1 OF 2 SHEETS
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND 15 BASED UPON A FIELD
SURVEY IN CONFORMANCE OATH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND
LOCAL ORDINANCE AT THE REQUEST OF KWOK SHU AU —YEUNG OF SP GARDEN LLC IN
JUNE, 2013, 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE
CONDITIONALLY APPROVED TENTATIVE MAP, THAT THE MONUMENTS OF THE CHARACTER
AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE WTHN
T WENTY —FOUR MONTHS FROM THE r DATE OF THIS MAP; 114AT SAID MONUMENTS ARE
SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
DATED
tAta
ow. c-so -s
JACK C. LEE LS 640 .q, eam 16
EXPIRES 6 -30 -2016
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP CONSISTING OF 2 SHEETS;THAT THE
SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE
TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF
THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME
OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH.
DATED
DANIEL WALL RCE: 56356
DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
EXP. DATE: MARCH 31, 2015
SPECIAL ASSESSMENTS CERTIFICATE:
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION
OF THE CITY OF BALDWN PARK TO WHICH THE LAND INCLUDED IN THE WITHIN
SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL,
HAVE BEEN PAID IN FULL
DATED:
MARIA CONTRERAS, CITY OF BALDWIN PARK
CITY TREASURER
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA I
COUNTY OF LOS ANGELES I SS
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL
OF THE CITY OF BALDWN PARK AT A REGULAR MEETING THEREOF HELD ON THE
DAY OF 2014, AND THAT THEREUPON SAID COUNCIL DID BY AN ORDER
DULY PASSED AND ENTERED. APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE
CITY OF BALDWN PARK THE EASEMENT FOR SANITARY SEWER AND UTIUTY PURPOSES AS
DEDICATED HEREON.
DATED
ALEJANDRA AVILA
CHIEF DEPUTY CITY CLERK
CITY OF BALDWIN PARK
CITY PLANNER'S STATEMENT:
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT ALL PROVISIONS OF
APPLICABLE ZONING ORDINANCES OF THE CITY OF BALDWIN PARK HAVE BEEN COMPLIED
WITH.
DATED
AMY L HARBIN, CITY OF BALDWN PARK
CITY PLANNER
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP CONSISTING OF 2 SHEETS AND I AM
SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROVISIONS OF
THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPUCABLE AT THE TIME
OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WTH.
DATED
SHAHNAWAZ AHMAD R.C.E. 23712
ACTING CITY SURVEYOR EXP. DATE 12/31/15
SCALE: 1"= 40'
Total Area: 0.717 Acres
Number of lots: 1
All of tentative Tract No. 68487
FD LaT, FLUSH, ACCEPTED AS C/L
INT. OF HARLAN AVENUE AND
CONST. C/L OF RAMONA BLVD. PER
CITY 77E NO. 37
NOTHING TO,
20.00' ESTAB. BY
C.
INTERSECTION
[VIJ
N757 Ni-
- - - - - - - - - --
L5
0 CI
> v
Z
0 01
0
A A
01
>
'.2
0
ma
Ell
30' I 50'
200
IN THE CITY OF BALDWIN PARK
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
FOSTER
640.59'
O
N14'45'53"W 260.48, 1260.311, (26(
245.49' (24500') Q45.23>
SHEET 2 OF 2 SHEETS
I'D S&W STAMP ILLEGIBLE
ACCEPTED AS C/L WT. PER
0 TY 77E NO. 76.
TO NOTHING --\\
AVENUE
- - - - - - - - - - - - - - - - -
ED L &T, RCE 16062. ACCEPTED AS 884.11
OFFSET 1.01' FROM NELY CORNER OF TL
<<26G2B'>>
NOT A PART OF a
THIS SUBDIV7SION
01-5505 SLY LINE OF LOTS 19 TO 31,
INCLUSIVE TP NO. &M 21-\
'10- ESTAEL BY ED MONUMENTS MB 116/1_
Of k
WIN UNE OF LOT 28, TEL NO.
8805, NB 116/1 -2, ESTABLISHED
rBY PRORATION PER SAID TRACT.
N1446'49 - 260.131 (260.00')
--wj ------------------------
N1446'49*W
- 260.06' - - 1-"
ELY 23.00' OF LOT 29, R 8805, NO
116/1 -2, ACCEPTED AS THE WILY LINE OF TEL
NO. 49451, NO
F-2,00 . . . . . . . L4 . . . .
.1 t - - - - - - - - - - - - 1N I
- - - -- - - - - - - - - - - - - - - - ------ - - - - - -
E4
LEGEND
<
O-z
C2,
I
0.717 acres
26D.Of
N14*46'57'W
ELY LINE OF THE LAND DESCRIBED IN DEED
�O
NrG FEB. a. 1995, AS
INST. NO.
1996 - 00224616, O.R. ESTAB. PER SAID BEE).
SWLY COINER OF LOT 31, TL
No. BED5, MB 116/1-Z
ESTABUSHED BY INTERSECTION
OF WLY PROD. OF SLY LINE OF
NOT A PART OF LOTS 19-31 AND AY LINE OF
LOTS 31 AND 32 OF TR NO.
THIS SUBDIOSION 8805, MS 116/1-2
vol FD L&T. LS 3173,
ON TOP OF WAU,
ND REFERENCE
1�_N751�11-E
1126
N1446'49'W
-2611.
R
LOT I
T EL NO, 68187 Z DETAIL A
NOT TO SCALE
CURVE DATA
NAIL, FLUSH,
ACCEPTED AS C/L INT.
PER CITY 77E NO. 35.
INDICATES THE BOUNDARY OF THE LAND
BEING SUBDIVIDED BY THIS MAP.
NO. 45408, NO 1124/97-99.
SE1Y CORNER OF LOT 19, TR
NO. BIOS, 116 MI 1 Z
ED
ESTABUSH BY INTERSECTION. � RIECTION.
IB'
TO L&T, RCE ID 410 N4154'26 'E
PER IN. NO. 44451, LOS JGWJ
'4 M8 118113-4
4
* '
40
00
ELC.
FD L&T, RCE 1041
PER R NO. 49451,
MEEI 1181/3-4
SLY UNE OF LOTS 19 TO
31, INCLUSIVE TR. NO.
SEE 8805, NET 116/1-2 B.C.
DETAIL A
vo" Of C3
0-
F
d;
5111
NO.
Ci
RADIUS
OTT
DELTA
695646-
LENGTH
22356'
23,
TANGENT
14.99"
RECORD DATA 1
(23.56'). 23.55'>
C2-
±5
5
L2
32.30
2Z84'
C3
1500
90.0000
23 56
75.00
1
P12.* X9, �32*.JO*
'D
CS
270.00
757121
77.58
36.00
C5
190.00-
1 15-12-35-
1 50."
125.37
50.44 50.44
EASEMENT NOTES.
(Z) 2 FEET HIDE EASEMENT FOR PUBLIC UTILITIES PIPE LINES, AND
DITCH PER DEED RECORDED IN BOOK 19109, PAGE 74 OF
OPPICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY
26.00' WIDE PRIVATE DRIVEWAY, FIRE LANE, AND EASEMENT FOR
SANITARY SEWER AND U770 TY PURPOSES
RECORD DATA:
INDICATES RECORD DATA PER TR. NO. 8805,
MB 11611-2
INDICATES RECORD DATA PER TR. NO. 45408,
MB 1124197-99
INDICATES RECORD DATA PER TR. NO. 49451,
MB 118113-4
INDICATES RECORD DATA PER 7R. NO. 60083,
MB 1302136-37
INDICATES RECORD DATA PER 7R. NO. 36198
MB 1026179-80
<O> INDICATES RECORD DATA PER PM NO. 1150,
PMB 210/78 -79
NO.
BARING
Ll
W75-1521 -E
-
-02'
7 T
L2
N75-15-21 -E
26.00-
L3
N75*1521E
47.03'
-WTi 47 0-0 W
-25-678
_L4
L5
N14*45*53"W
14,99'
L6
N751527 E
14.99,
L7
N751521 'E
27.84'
N48T77'00"Iff
2484'
t9
N489 00 .W
moo
L10
N41'53'00"E
15.00
Lit
N7516 47 E
35 .93
BR-
DOE
50 .00
L13
N26-47 J9 -L
74.75
74.76 114.76
L74
N4159 t7 E
0.09
0.07 0.08
SURVEYOR'S NOTES,
0 INDICATE FOUND MONUMENT
(D INDICATES SET L&T, TAGGED 'LS MOT* AT 200'
FROM CORNER ALONG PROPERTY UNE PROD.
INDICATES SET L&T, TAGGED 'LS 8407' ON TOP OF WALL
6.00' ABOVE GRADE
FD S&W, LS 7707, NO REP, ACCEPTED AS ILC. PER M
NO. 60083, US 1302/36-37
FD S&W, LS 7707, NO REP. ACCEPTED AS E.G PER 1R.
NO. 60083, NET 1302/36 -37.
FO S&W, IS 7707, NO REF, ACCEPTED AS A POINT AT
C6 PER TEL NO. 60063, AB 1302L36-37.
'� TO:
HUB 0: '�
J THE �� FROM:
® SAN GABRIEL
1 °° VALLEY �A�'
�A °qx�o JaN+�PR��� DATE:
ITEM NO.
The Honorable Mayor and Members of
Craig A. Graves, Director of Finance
Daniel Wall, P.E., Director of Publi >W
October 15, 2014
City
SUBJECT: A ilnD -r D V SOLUTION Wk I A -01Q ADOP ri�vr rum
1• L -1LV1 1 1i1:11J 1 1, -01T JV 111\V 1111)
UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
1� ef
SUMMARY
In 1983 the State Legislature amended the Public Contract Code to provide for a uniform cost
accounting standard for construction work performed or contracted by public agencies.
Adopting the Uniform Public Construction Cost Accounting Act will allow the City to use
alternative more streamlined bidding procedures for public construction projects saving the City
time and money.
FISCAL IMPACT
Depending on the number of projects
approximately $38,000 over the next year.
RECOMMENDATION
processed and sent to bid, the City should save
That the City Council adopt Resolution No. 2014 -038, A Resolution of the City Council of the
City of Baldwin Park, California, Adopting the Uniform Public Construction Cost Accounting
Procedures in Accordance with Section 22000 to Section 22045 of the Public Contract Code.
ALTERNATIVES
The City Council may choose not to elect to change to the Uniform Public Construction Cost
Accounting Act and continue with time - consuming and costly formal bidding procedures for all
public construction projects over $5,000.
LEGAL REVIEW
Resolution reviewed as to form and content.
Staff Report for Adopting Resolution 2014 -038
Adopting the Uniform Public Construction
Cost Accounting Act
Page 2
BACKGROUND
In 1983, Sections 22000 to 22045 were added to Part 3 of Division 2 of the Public Contract Code
to provide a uniform cost accounting standard for construction work performed or contracted by
local public agencies. Established as the Uniform Public Construction Cost Accounting Act, it
allows public agencies to perform public project work up to $45,000 with its own work force if
the agency elects to follow the cost accounting procedures. T his does require extra
documentation and accounting for public works projects performed by City crews if the project
is over $5,000. However, City forces seldom perform "public projects" as defined in California
Public Contract Code Section 22002.
More importantly, it allows for alternative bidding procedures when an agency performs public
works projects by allowing projects of $45,000 or less to be performed by negotiated contract or
by purchase order. Projects of $175,000 or less can be contracted through informal bid
procedures. Currently, the law requires projects over $5,000 to be formally bid. Having to
formally bid small projects of $6,000, results in an additional cost of $2,000 to $3,000 for the
required advertising, printing and staff time that would be saved with the adoption of this
resolution.
There are several benefits provided by this Act. Foremost, it speeds up the bid award process
and improves the timeliness of the project completion; it provides greater control over hiring the
best suited contractor for specific projects; it reduces staff time dealing with preparing additional
time- consuming reports and eliminates expensive required advertising costs.
There are over 630 cities, counties, school districts and public utility agencies in California that
have elected to follow the cost accounting procedures of the Uniform Public Construction Cost
Accounting Act. Many charter cities have adopted provisions similar to the act under their
charter city authority.
ATTACHMENTS
City Resolution No. 2014 -038
vJHEREAS, the Cil Council of the City of Baldwin Parir, Caiiforiiia, prior to the
passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1783, W111ch added %-Asap er 2,
commencing with Section 22000, to Part 3 of Division 2 of the Public Contracts Code, existing
law did not provide a uniform cost accounting standard for construction work performed or
contracted by local public agencies; and
WHEREAS, Public Contract Code Section 22000 et seq., the Uniform Public
Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and
WHEREAS, the Commission established under the Act has developed uniform public
construction cost accounting procedures for implementation by local public agencies in the
performance of or in the contracting for construction of public projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby elects under Public Contract Code
Section 22030 to become subject to the uniform public construction cost accounting procedures
set forth in the Act.
SECTION 2. That the City Council elects to become subject to the Commission's
policies and procedures manual and cost accounting review procedures, as they may each from
time to time be amended.
SECTION 3. That the City clerk certify to the adoption of this resolution and notify the
State Controller forthwith of this election.
APPROVED AND ADOPTED this fifteenth day of October 2014.
MAYOR
Resolution No. 2014 -038
Page 2
FAMFG-M
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
� A A ILA, a, do
1, ALEJJ-),NDrA A IUZA, City Clerk of the City of BaluAvvi-11 Park" C all-i
j
hereby certify that the foregoing Resolution was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at a regular meeting of the City Council on
October 14, 2014, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNICLMEMEBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
EFI-11 I-A, 0 1 1 1 1 W
NIMMON11, M�
HUB OF A
THE 9
SAN GABRIEL a
Z0 VALLEY' w
pp ryy, .'
�RRTED JANUR�
ITEM NO. ,I
TO: Honorable Mayor and City Councilmembers y
FROM: Daniel Wall, P.E., Director of Public Works / City Engineer
DATE: October 15, 2014
SUBJECT: APPROVAL OF HVAC MAINTENANCE SERVICES
AGREEMENT
SUMMARYS
Since 1994 Honeywell has been providing heating /ventilation and air conditioning (HVAC) maintenance at all
City facilities. The Berkshire Group reviewed the City's current annual service agreement with Honeywell and
negotiated a five -year contract which will result in substantial savings.
FISCAL IMPACT
The five year agreement will result in a gross savings of $75,883 when compared to Honeywell's annual service
agreement. During the first two years of the contract, the City will save $52,160. The Berkshire Group will receive
$10,432 (twenty percent of the first two years savings) to be paid quarterly installments during the next two years
as savings are realized.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the HVAC Maintenance Services Agreement with Honeywell Building Solutions; and
2. Authorize the Mayor to execute the HVAC Maintenance Services Agreement; and,
3. Authorize the Director of Finance to pay The Berkshire Group a total of $10,432 to be paid in quarterly
installments during the next two years.
BACKGROUND
In its review of the City's on -going expenses, The Berkshire Group identified the HVAC maintenance agreement
with Honeywell as an area of potential savings. Last year the City paid Honeywell $127,893 to maintain its HVAC
systems. Honeywell annually increases this cost of service provided through the current year to year agreement
by 3 %. The Berkshire Group negotiated the proposed five year services agreement with Honeywell. The annual
costs of the current year to year agreement compared to the proposed five year agreement are shown in the
following table:
Year
. Current Year to Year Agreement
Proposed Five Year A reemet
14/15
$131,729
$105,000
15/16
$135,681
$110,250
16/17
$139,752
$122,267
17/18
$143,944
$135,594
18/19
$148,263
$150,374
Total
$699,369
$623,486
APPROVAL OF HVAC SERVICES MAINTENANCE AGREEMENT
October 15, 2014
Page 2
The cost of the current agreement over the next five years is $699,369. The cost of the proposed five year
agreement over the next five years is $623,486. The proposed five year agreement results in a gross savings of
$75,883. The total savings over five years net of The Berkshire Group's fee is $65,451.
The HVAC services agreement provides preventative maintenance, component replacement and 24/7 emergency
service. Siemens was asked to make a proposal based on a five year service agreement with an identical work
scope and its five year cost was $686,340. This is nearly $63,000 higher than the Honeywell proposal.
LEGAL REVIEW
None required
ALT ERNATIVES
None. The HVAC Equipment in City facilities is complex and requires regular maintenance in order to minimize
equipment replacement cost. This maintenance is beyond the expertise of our staff. A five -year service agreement
with Honeywell is the low cost alternative.
ATTACHMENTS
A. Five year HVAC services agreement
1 1
SERVICE AGREEMENT
Project Name: City of Baldwin Park HVAC, Air Filter, Water Treatment, & EBI Services
Proposal Number: 113096
Date: October 3, 2014
Agreement Number: 40100356
Honeywell Building Solutions
22 Centerpointe Drive Suite #100
LaPalma, CA 90623
Service Location Dame:
Service Location Address:
�
City of Baldwin Park
14403 E. Pacific Ave
Baldwin Park, CA 91706
Various: See List of Equipment
Various
Scope of Work: HONEYWELL HBS shall provide the following equipment and services ( "the Work ") in accordance with the attached work
scope documents and terms and conditions, which form a part of this Agreement.
❑Preferred Temperature Control Services
❑Site Services
❑Flex Temperature Control Services
❑Honeywell Energy Analysis Reporting
❑Preferred Automation Maintenance Services
®Air Filter Services
❑Flex Automation Services
®Water Treatment Services
❑Preferred Fire Alarm Maintenance Services
❑Critical Parts Stocking
❑Fire Alarm Test and Inspect Services
❑Thermography Services
❑Preferred Security System Inspect Services
❑Emergency Generator Services
❑Flex Security System Services
❑In Suite Services
®Preferred Mechanical Maintenance Services
❑Remote Monitoring/Radionics
❑Flex Mechanical Maintenance Services
❑Indoor Air Quality Auditing Services
❑ServiceNetTM Remote Monitoring and Control Services
❑Service Management Software
®EBI Services
❑FM Worksite
❑Online Services
®Other /Special Provisions
❑Advanced Support
❑Honeywell Users Group
Contract Terris: (5) years from the Effective Date. Customer_ Honeywell_
(INITIALS)
Contract Effective Date: November 1, 2014
Price for Year l: One hundred five thousand dollars, ($105,000.00), (plus applicable taxes).
Payment Terms: Monthly
❑ Sales Tax will be invoiced separately ® Use Tax is included in the Price ❑ This sale is tax exempt
Renewal: The Contract Term will automatically be renewed for consecutive terms of one year unless terminated by either party
by the delivery of written notice to the other at least sixty (60) days prior to the end of such term, or unless terminated as
provided herein.
Submitted by HBS: (signature)
Name: Mark Spangler
Title: Sr. Account Manager
Date: October 3, 2014 This proposal is valid for 30 days.
Acceptance: This proposal and the pages attached shall become an Agreement in accordance with Article 13 below and only
upon signature below by an authorized representative of HONEYWELL and CUSTOMER.
Accepted by:
HONEYWELL BUILDING SOLITI'IONS
A
Signature: 1„ � —
Name: A,
f, Al
Title:
Date:
CUSTOMER: City of Baldwin Park
Signature:
Name:
Title:
Date:
Proposal Number 113096
Honeywell Service Agreement (Rev. 04/11) Page 1 of 12
General Terms and Conditions
1. WORKING HOURS
Unless otherwise stated, all labor and services under this Agreement will be performed during the hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday, excluding federal holidays. If for any reason Customer requests
Honeywell to furnish any labor or services outside of the hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday (or on federal holidays), any overtime or additional expenses, such as repairs or material costs not included in
this Agreement, will be billed to and paid by Customer.
2. TAXES
2.1 Customer agrees to pay the amount of any new or increased taxes or governmental charges upon labor or the production, shipment, sale, installation, or use ofequipment or software which become effective after the date of this
Agreement. If Customer claims any such taxes do not apply to transactions covered by this Agreement, Customer shall provide Honeywell with a tax exemption certificate acceptable to the applicable taxing authorities.
2.2 Tax - Related Cooperation. CUSTOMER agrees to execute any documents and to provide additional reasonable cooperation to HONEYWELL related to HONEYWELL tax filings under Internal Revenue Code Section 179D.
HONEYWELL will be designated the sole Section 179D beneficiary.
3. PROPRIETARY INFORMATION
3.1 All proprietary information (as defined herein) obtained by Customer from Honeywell in connection with this Agreement will remain the property of Honeywell, and Customer will not divulge such infornmation to any third party
without prior written consent of Honeywell. The term "proprietary information' means written information (or oral information reduced to writing), or information in machine- readable form, including but not limited to software
supplied to Customer which Honeywell deems proprietary or confidential and characterizes as proprietary at the time of disclosure to Customer by marking or labeling the same "Proprietary, "Confidential ", or "Sensitive ". The
Customer shall incur no obligations hereunder with respect to proprietary information which: (a) was in the Customer's possession or was known to the Customer prior to its receipt from Honeywell; (b) is independently developed by
the Customer without the utilization of such confidential information of Honeywell; (e) is or becomes public knowledge through no fault of the Customer; (d) is or becomes available to the Customer from a source other than
Honeywell; (e) is or becomes available on an unrestricted basis to a third party from Honeywell or from someone acting under its control; (f) is received by Customer after notification to Honeywell that the Customer will not accept
any further information.
3.2 Customer agrees that Honeywell may use nonproprietary information pertaining to the Agreement, and the work performed under the Agreement, for press releases, case studies, data analysis, promotional purposes, and other
similar documents or statements to be publicly released, as long as Honeywell submits any such document or statement to Customer for its approval, which will not be unreasonably withheld. Honeywell may, during and after the term
of this Agreement, compile and use, and disseminate in anonymous and aggregated form, all data and information related to building optimization and energy usage obtained in connection with this Agreement. The rights and
obligations in this Section 3 shall survive termination of this Agreement.
4. INSURANCE OBLIGATIONS
Honeywell shall, at its own expense, carry and maintain in force at all times from the effective date of the Contract through final completion of the work the following insurance. It is agreed, however, that Honeywell has the right to
insure or self - insure any of the insurance coverages listed below:
(a) Commercial General Liability Insurance to include contractual liability, products /completed operations liability with a combined single limit of USD $5,000,000 per occurrence. Such policy will be written on an occurrence form
basis;
(b) If automobiles are used in the execution of the Contract, Automobile Liability Insurance with a minimum combined single limit of USD $5,000,000 per occurrence. Coverage will include all owned, leased, non -owned and hired
vehicles.
(c) Where applicable, "All Risk" Property Insurance, including Builder's Risk insurance, for physical damage to property which is assumed in the Contract.
(d) Workers' Compensation Insurance Coverage A - Statutory limits and Coverage B- Employer's Liability Insurance with limits of USD $1,000,000 for bodily injury each accident or disease.
Prior to the commencement of the Contract, Honeywell will furnish evidence of said insurance coverage in the form of a Memorandum of Insurance which is accessible at: http : / /w+e+c5t.honeywcll.comhnoi /liability- n2lds-
unted.htrnt. All insurance required in this Article will be written by companies with a rating of m less than "A -, XII" by A.M. Best or equivalent rating agency. Honeywell will endeavor to provide a thirty (30) day notice of
cancellation or non - renewal to the Customer. In the event that a self - insured program is implemented, Honeywell will provide adequate proof of financial responsibility.
5. HAZARDOUS SUBSTANCES MOLD AND UNSAFE WORKING CONDITIONS
5.1 Customer has not observed or received notice from any source (formal or informal) of (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems,
plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer's knowledge, might cause or promote accumulation,
concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations.
5.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the Site except as specifically provided in an
attached Work Scope Document.
5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the work or Services, the discovery of the condition
shall constitute a cause beyond Honeywell's reasonable control and Honeywell shall have the right to cease the work or Services until the area has been made safe by Customer or Customer's representative, at Customer's expense.
Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery.
5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remedime Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold.
5.5 TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF
WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, CONSULTANTS' AND ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIES, CLEANUP
COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULT'S FROM OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND WARRANTIES IN
THIS SECTION, THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS DESCRIBED IN THIS
SECTION, WHETHER OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE HAZARDOUS SUBSTANCE OR
OCCURRENCE IS DISCOVERED OR OCCURS. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
5.6 Customer is responsible for the containment o£any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or causes of
action that arise out of the storage, consumption, loss and /or disposal of refrigerant, except to the extent Honeywell has brought refrigerant onsite and is directly and solely negligent for its mishandling.
6 WARRANTY AND LIMITATION OF LIABILITY
6.1 Honeywell will replace or repair any product Honeywell provides under this Agreement that fails within the warranty period (one) 1 year because of defective workmanship or materials, except to the extent the failure results from
Customer negligence, or from fire, lighming, water damage, or any other cause beyond the control of Honeywell. This warranty applies to all products Honeywell provides under this Agreement, whether or not manufactured by
Honeywell. The warranty is effective as of the date of Customer acceptance of the product or the date Customer begins beneficial use of the product, whichever occurs first.
6.2 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WAIVES ALL OTHER WARRANTIES, WHETHER
WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE,
PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE,
REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH.
6.3 Honeywell makes no representation or warranty, express, implied or otherwise, regarding Hazardous Substances or Mold. Honeywell shall have no duty, obligation or liability, all of which Customer expressly waives, for any
damage or claim, whether known or unknown, including but not limited to property damage, personal injury, loss of income, emotional distress, death, loss often, loss of value, adverse health effect or any special, consequential,
punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services, in whole or in part due to or arising from any investigation, testing, analysis,
monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or equipment and systems, or personal injury, death or disease in any way associated with
Hazardous Substances or Mold.
7. INDEMNITY
Honeywell agrees to indemnify and hold Customer and its agents and employees harmless from all claims for bodily injury and property damages to the extent such claims result from or arise under Honeywell's negligent actions or
willful misconduct in its performance of the Work required under this Agreement, provided that such indemnity obligation is valid only to the extent (i) Customer gives Honeywell immediate notice in writing of any such claims and
permits Honeywell, through counsel of its choice and Honeywell's sole cost and expense, to answer the claims and defend any related suit and (ii) Customer gives Honeywell all needed information, assistance and authority, at
Honeywell's expense, to enable Honeywell to defend such suit. Honeywell is not responsible for any settlement without its written consent. Honeywell is not liable for loss or damage caused by the negligence of Customer or any other
party or such party's employees or agents. This obligation shall survive termination of this Agreement Notwithstanding the foregoing, Customer agrees that Honeywell will not be responsible for any damages caused by Mold or any
other fungus or biological material or agent, including but not limited to property damage, per injury, loss of income, emotional distress, death, loss of use, loss of value, adverse health effect or any special, consequential,
punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with defects in the Services.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER
ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, MOISTURE, INDOOR AIR QUALITY, OR
OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER.
Proposal Number 113096
Honeywell Service Agreement (Rev. 04/11) Page 2 of 12
8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES THE INSTALLATION AND /OR MAINTENANCE OF SYSTEMS ASSOCIATED WITH
SECURITY AND /OR THE DETECTION OF AND /OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, HONEYWELL'S TOTAL LIABILITY ARISING OUT OF OR AS A RESULT OF ITS
PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS AGREEMENT.
9. EXCUSABLE DELAYS
Honeywell is not liable for damages caused by delay or interruption in Services due to fire, flood, corrosive substances in the air, strike, lockout, dispute with workmen, inability to obtain material or services, commotion, war, acts of
God, the presence of Hazardous Substances or Mold, or any other cause beyond Honeywell's reasonable control. Should any part of the system or any Equipment be damaged by fire, water, lightning, acts of God, the presence of
Hazardous Substances or Mold, third parties or any other cause beyond the control of Honeywell, any repairs or replacement will be paid for by Customer. In the event of any such delay, date of shipment or performance will be
extended by a period equal to the time lost by reason of such delay, and Honeywell will be entitled to recover from Customer its reasonable costs, overhead, and profit arising from such delay.
10, PATENT INDEMNITY
10.1 Honeywell shall, at its expense, defend or, at its option, settle any suit that maybe instituted against Customer for alleged infringement of any United States patents related to the hardware or software manufactured and provided
by Honeywell under this Agreement ( "the equipment "), provided that a) such alleged infringement consists only in the use of such equipment by itself and not as part of, or in combination with, any other devices, parts or software not
provided by Honeywell hereunder, b) Customer gives Honeywell immediate notice in writing of any such suit and permits Honeywell, through counsel of its choice, to answer the charge of infringement and defend such suit, and c)
Customer gives Honeywell all needed information, assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit.
10.2 I£ such a suit has occurred, or in Honeywell's opinion is likely to occur, Honeywell may, at its election and expense: a) obtain for Customer the right to continue using such equipment; b) replace, correct or modify it so that it is
not infringing; or if neither a) or b) is not reasonable then c) remove such equipment and grant Customer a credit therefore, as depreciated.
10.3 In the case of a final award of damages in any such suit, Honeywell will pay such award. Honeywell will not, however, be responsible for any settlement made without its written consent.
10.4 THIS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE HARDWARE
MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER.
11. SOFTWARE LICENSE
All software provided in connection with this Agreement shall be licensed and not sold. The end user of the software will be required to sign a fixii e agreement with provisions limiting use of the softwa, to the equipment provided
under these specifications, limiting copying, preserving confidentiality, and prohibiting transfer to a third party. Licenses of this type are standard for computer -based equipment of the type covered by this Agreement. Customer shall
be expected to grant Honeywell access to the end user for purposes of obtaining the necessary software license.
12. DISPUTE RESOLUTION
With the exception of any controversy or claim arising out of or related to the installation, monitoring, and /or maintenance of fire and /or security systems, the Parties agree that any controversy or claim between Honeywell and
Customer arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration in a neutral venue, conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association. Any award rendered by the arbitrator will be final, and judgment may be entered upon it in accordance with applicable law in any court havmgjurisdiction thereof. Any controversy or claim arising out of or related to the
installation, monitoring, and/or maintenance of systems associated with security and /or the detection of, and /or reduction of risk of loss associated with fire will be resolved in a court of competent jurisdiction.
13. ACCEPTANCE
This proposal and the pages attached shall become an Agreement upon signature above by Honeywell and Customer. The temps and conditions are expressly limited to the provisions hereof, including Honeywell's General Terms and
Conditions attached hereto, notwithstanding receipt of, or acknowledgment by, Honeywell of any purchase order, specification, or other document issued by Customer. Any additional or different terms set forth or referenced in
Customer's purchase order are hereby objected to by Honeywell and shall be deemed a material alteration of these terms and shall not be a part of any resulting order.
14. MISCELLANEOUS
14.1 This Agreement represents the entire Agreement between Customer and Honeywell for the Work described herein and supersedes all prior negotiations, representations or Agreements between the Parties related to the work
described herein.
14.2 None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order or other document unilaterally issued by Customer that relates to the subject matter of this Agreement.
This Agreement may be amended only by written instrument signed by both Parties.
143 This Agreement is governed by the law of the State where the work is to be performed.
14.4 Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Honeywell and Customer,
who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
14.5 Customer may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of Honeywell. Honeywell may assign its right to receive payment to a third party
15. COVERAGE
15.1 Customer agrees to provide access to all Equipment covered by this Agreement. Honeywell will be free to start and stop all primary equipment incidental to the operation of the mechanical, control, automation, and life safety
system(s) as arranged with Customer's representative.
15.2 It is understood that this is a Labor Only maintenance agreement and that the repair, replacement and emergency service provisions do not apply to the attached list of covered equipment unless specifically noted under the scope
of work.
15.3 Honeywell will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse ofthe Equipment by persons other than Honeywell or its employees, or caused by lightning, electrical storm,
or other violent weather or by any other cause beyond Honeywell's control. Honeywell will provide such services at Customer's request and at an additional charge. Customer is entitled to receive Honeywell's then current preferred -
Customer labor rates for such services.
15.4 Honeywell may install diagnostic devices and /or software at Honeywell's expense to enhance system operation and support. Upon termination of this Agreement, Honeywell may remove these devices and return the system to
its original operation. Customer agrees to provide, at its sole expense, connection to the switched telephone network for the diagnostic devices and /or software.
15.5 Honeywell will review the Services delivered under this Agreement on an annual basis, unless otherwise noted.
15.6 This Agreement assumes that the systems and/or Equipment included in the attached List of Covered Equipment are in maintainable condition. If repairs are necessary upon initial inspection or initial seasonal start-up, repair
charges will be submitted for approval. Should these charges be declined, those non - maintainable items will be eliminated from coverage under this Agreement and the price adjusted accordingly.
15.7 In the event that the system or any equipment component thereof is altered, modified, changed or moved, this Agreement may be immediately adjusted or terminated, at Honeywell's sole option. HONEYWELL is not
responsible for any damages resulting from such alterations, modifications, changes or movement
15.8 Honeywell is not responsible for maintaining a supply of, furnishing and /or replacing lost or needed chlorofluorocarbon (CFC) based refrigerants not otherwise required under this Agreement. Customer is solely responsible for
the cost of material and labor of any such refrigerant not otherwise provided for under this Agreement at current market rates.
15.9 Maintenance, repairs, and replacement of Equipment parts and components are limited to restoring to proper working condition. Honeywell is not obligated to provide replacement software, equipment, components and/or parts
that represent a significant betterment or capital improvement to Customer's system(s) hereunder.
15.10 Unless otherwise specified, Customer retains all responsibility for maintaining LANs, WANs, leased lines and /or other communication mediums incidental or essential to the operation of the system(s) or Equipment found
included in the attached List of Covered Equipment.
15.11 Customer will promptly notify Honeywell of any malfunction in the system(s) or Equipment covered under this Agreement that comes to Customer's attention.
16. TERMS OF PAYMENT
16.1 Subject to Honeywell's approval of Customer's credit, Customer will pay or cause to be paid to Honeywell the full price for the Services as specified on the first page of this Agreement. Honeywell will submit annual invoices to
Customer in advance for Services to be performed during the subsequent billing period, and payment shall be due within twenty (20) days after Customer's receipt of each such invoice. Payments for Services past due more than five
(5) days shall accrue interest from the due date to the date of payment at the rate of one and one -half percent (1.5%) per month, compounded monthly, or the highest legal rate then allowed. Customer will pay all attorney and /or
collection fees incurred by Honeywell in collecting any past due amounts.
16.2 Price Adjustment. Honeywell may annually adjust the amounts charged for the Services provided.
Proposal Number 113096 Page 3 of 12
Honeywell Service Agreement (Rev. 04/11)
17. TERMINATION
17.1 Customer may terminate this Agreement for cause if Honeywell defaults in the performance of any material term of this Agreement, or fails or neglects to carry forward the Services in accordance with this Agreement, after
giving Honeywell written notice of its intent to terminate. If, within thirty (30) days following receipt of such notice, Honeywell fails to cure or perform its obligations, Customer may, by written notice to Honeywell, terminate this
Agreement.
17.2 Honeywell may terminate this Agreement for cause (including, but not limited to, Customer's failure to make payments as agreed herein) after giving Customer written notice of its intent to terminate. If, within thirty (30) days
following receipt of such notice, Customer fails to make the payments then due, or otherwise fails to cure or perform its obligations, Honeywell may, by written notice to Customer, terminate this Agreement and recover from
Customer payment for Services performed and for losses sustained for materials, tools, construction equipment and machinery, including but not limited to, reasonable overhead, profit and applicable danages.
17.3 Cancellation - This Agreement may be canceled at Honeywell's option in the event Honeywell equipment on Customer's premises is destroyed or substantially damaged. Likewise, this Agreement may be canceled at
Customer's option in the event Customer's premises are destroyed. In the event of such cancellation, neither party shall be liable for damages or subject to any penalty, except that Customer will remain liable for Services rendered to
the date of cancellation.
18. DEFINITIONS
18.1 "Hazardous substance" includes all of the following, whether naturally occurring or manufactured, in quantities, conditions or concentrations that have, are alleged to have, or are believed to have an adverse effect on human
health, habitability of a Site, or the environment (a) any dangerous, hazardous or toxic pollutant, contaminant, chemical, material or substance defined as hazardous or toxic or as a pollutant or contaminant under state or federal law,
and (b) any petroleum product, nuclear fuel or material, carcinogen, asbestos, urea formaldehyde, foamed -in -place insulation, polychlorinated biphenyl (PCBs), and (c) any other chemical or biological material or organism, that ties, is
alleged to have, or is believed to have an adverse effect on human health, habitability of a Site, or the environment.
18.2 `Mold" means any type or form of fungus or biological material or agent, including mold, mildew, moisture, yeast and mushrooms, and any mycotoxins, spores, scents, or by- products produced or released by any of the
foregoing. This includes any related or any such conditions caused by third parties.
18.3 "Covered Equipment" means the equipment covered by the Services to be performed by Honeywell under this Agreement, and is limited to the equipment included in the respective work scope attachments.
18.4 "Services" means those services and obligations to be undertaken by Honeywell in support of, or to maintain, the Covered Equipment, as more fully detailed in the attached work scope document(s), which are incorporated
herein.
Proposal Number 113096 Page 4 of 12
Honeywell Service Agreement (Rev. 04(11)
.N
The following article is hereby incorporated and made a part of the above referenced Agreement as evidenced by the signatures
affixed below:
ARTICLE 8. Appropriations and Essential Use
8.1 CUSTOMER reasonably believes that sufficient funds can be obtained to make all payments for the initial term, as
described in Paragraph 3.1. of the Agreement. CUSTOMER hereby covenants that it shall do all things lawfully within its power to
obtain funds from which such payments may be made, including making provisions for such payments, to the extent necessary, in
each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget
approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It
is C V STO viEW S intent to make the payments f r the initial term if funds are legally available therefor and in that regard
Or ISTO MER represents that (a) the use of the Equipment and Services is essential to its nroner, of lcient and economic functioning
or to the services that is provided to its citizens; (b) CUSTOMER has an immediate need for and expects to make immediate use of
substantially all the Equipment and Services, which need is not temporary or expected to diminish in the foreseeable future; and (c)
the Equipment and Services shall be used by CUSTOMER only for the purpose of performing one or more of its governmental or
proprietary functions consistent with the permissible scope of its authority.
8.2. In the event no funds or insufficient funds are appropriated and budgeted for the acquisition, retention or operation of the
Equipment and Services under the Agreement, then CUSTOMER shall, not less than sixty (60) days prior to the end of such
applicable fiscal period, in writing, notify HONEYWELL (and its assignee, if any) of such occurrence. The Agreement shall
thereafter terminate and be rendered null and void on the last day of the fiscal period for which appropriations were made without
penalty, liability or expense to CUSTOMER of any kind, except as to (i) the portions of the payments herein agreed upon for which
funds have been appropriated and budgeted or are otherwise available, and (ii) CUSTOMER'S other obligations and liabilities
under the Agreement relating to, accruing or arising prior to such termination. In the event of such termination, CUSTOMER
agrees to peaceably surrender possession of any Equipment (provided by HONEYWELL under the Agreement) to HONEYWELL
(or its assignee, if any) on the date of such termination, packed for shipment in accordance with manufacturer's specifications and
eligible for manufacturer's maintenance, and freight prepaid and insured to any location in the continental United States designated
by HONEYWELL, all at CUSTOMER'S expense. HONEYWELL (or its assignee, if any) may exercise all available legal and
equitable rights and remedies in retaking possession of any Equipment provided by HONEYWELL under this Agreement.
8.3 Notwithstanding the foregoing, CUSTOMER agrees (a) that if the Agreement is terminated in accordance with the
preceding paragraph, CUSTOMER shall not purchase, lease or rent equipment which performs the same functions as, or functions
taking the place of, those performed by the Equipment nor shall it contract for any services similar to or that take the place of the
Services provided under the Agreement, and shall not permit such functions to be performed by its own employees or by any agency
or entity affiliated with or hired by CUSTOMER for the balance of the fiscal period in which such termination occurs or the next
succeeding fiscal period thereafter, and (b) that it shall not, during the initial term, give priority in the application of funds to any
other functionally similar equipment or services.
Except as expressly set forth in this Addendum, all of the terms and conditions of the Agreement remain in full force and
effect.
Proposal Number 113096 Page 5 of 12
Honeywell Service Agreement (Rev. 04/11)
Preferred Mechanical Maintenance Services
1.1 Scope - HONEYWELL will maintain the mechanical systems, components, and hardware listed below:
List of Maintained Equipment:
Location
Q t1V
Description
Rating
Manufacturer
Model
City Hall Bldg.
4
Compressor
35 ton
1
Cooling Tower
140 Ton
BAC
VNT 125B
2
Boiler
25 HP
A' ax
WG 1050
1
AHU
20 HP
I
AHU
15 HP
1
A PIT
7.5 HP
2
Chilled Water Pump
7 . r, 14P
2
Condenser Water Pump
7.5 HP
2
Hot Water Pump
3 HP
I
.. ....
Exhaust Fan
.5 HP
I
Exhaust Fan
.73 HP
I
Exhaust Fan
5 HP
1
Return Fan
7.5 HP
I
Return Fan
3 HP
Data Processing
I
Package Unit
7.5 Ton
Electronic Room
I
Package Unit
4 Ton
Shop
I
Package Unit
4 Ton
-Print
2
Packa e Unit
4 Ton
Carrier
48KLA
-Annex
2
Package Unit
3 Ton
Carrier
48KLA36
2
Package Unit
7.5 Ton
Carrier
48EGO08B
Senior Center
3
Package Unit
3 Ton
xxx
xxx
2
Package unit
3 Ton
Carrier
48HJD004-5
2
Package Unit
4 Ton
Carrier
48HJD005-5
Dining Hall
2
Package Unit
7.5 Ton
Carrier
48HJD008-5
-Senior
Center
I
Package Unit
7.5 Ton
Carrier
48DJO07
-Community
2
Package Unit
20 Ton
Carrier
48DJO24
I
Package Unit
25 Ton
Carrier
48DJD028
I
Package Unit
15 Ton
Carrier
48DP0I6
I
Package Unit
10 Ton
Carrier
48DP012
I
Package Unit
7.5 Ton
Carrier
48HDO08
I
Package Unit
2.5 Ton
Carrier
48NLT018300
I
Package Unit
2.5 Ton
Carrier
50QQ030
2
Exhaust Fan
I HP
8
Exhaust Fan
.5 HP
2
Exhaust Fan
1.5 HP
I
Evaporative Cooler
Essick
I
Package Unit
10 Ton
Dryotron
DS 100
Pool
I
Boiler
24 HP
Raypak
P0824ABCD
I
Hot Water Pump
.33 HP
I
. ..... .
Unit Heater
Reznor
City Yard
I
Package Unit
5 Ton
Carrier
38AE0125
I
Package Unit
4 Ton
Carrier
48DH006
I
Package Unit
4 Ton
Carrier
48DCC04
I
Unit Heater
Carrier
56E5900510
I
Unit Heater
Payne
997AW06024
I
Forced Air Heater
111,000 BTU
I Carrier
58PAVI 11-20
1
Condensing Unit
5 Ton
Carrier
38HDC060-3
I
Package Unit
5 Ton
Carrier
48HJD006-5
I
PacUjge Unit
3 Ton.
Carrier
48HJD004-5
Proposal Number 113096 Page 6 of 12
Honeywell Service Agreement (Rev. 04/11)
Barnes Park
2
Package Unit
5 Tons
Carrier
48JX060
1
Package unit
10 Tons
Carrier
48JX024
I
Package Unit
2.5 Tons
Carrier
48JX042
1
Exhaust Fan
N/A
Cook
100ACE
City ball/ Police Bldg
1
Split System
4Ton
Carrier
FB4ANF048/
38QR048 -5
Remote Police
Building
1
Heat Pump
3 Ton
Trane
WDC036COOBC
Family Service
Center Building
3
Forced. Air heater
1 11,000 BTU
Carrier
58PAV111 -20
3
Condensing Unit
5 Ton
Carrier
38HDC060 -3
'Peen Center
2
Package Unit
7.5 Tons
Carrier
48HJD008
1
Package Unit
10 Tons
Carrier
48HJD012
1
Package Unit
2.5 Tons
Carrier
48GNX03004051
f
2
J_' xtjauSL r all
f
I/. 11D
/4 111
Ann
.taar
DX08B
2
Exhaust Fan
( /4 HP
I Penn
DX06B
1.2 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer - generated service report
detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the systems.
Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of equipment
operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the preventive
maintenance tasks completed will be provided to CUSTOMER.
1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the
functional limitations of presently installed hardware, firmware, and software found on CUSTOMER'S system(s).
HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been
found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as
required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or
replaced. These replacements will be based upon commercial availability of parts and /or components. All exchanged parts shall
become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The
labor required for their removal and installation is not included.
Notwithstanding the foregoing, at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any
individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of
commercial availability of standard parts, and /or excessive wear or deterioration, HONEYWELL may remove said component from
the List of Covered Equipment, with sixty (60) days written notice. Non - maintainable components will be eliminated from
coverage under this Agreement and HONEYWELL shall adjust the price accordingly.
1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency
situations. However, should an emergency arise, HONEYWELL personnel will assess the situation either by phone or remote
diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is
required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call
requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above, CUSTOMER will be liable for
charges prevailing for such service.
Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of
emergency service coverage):
Continuous Emergency Service:
24 hours per day, seven days per week, federal holidays included
❑ Extended Hours Emergency Service:
12 hours per day, five days per week, federal holidays excluded.
Specified hours: 6:00 a.m. - 6:00 p.m., Monday through Friday.
❑ Regular Business Flours Emergency Service:
8.5 hours per day, five days per week, federal holidays excluded.
Specified hours: 8:00 a.m. - 4.30 p.m., Monday through Friday.
Proposal Number 113096 Page 7 of 12
Honeywell Service Agreement (Rev. 04/11)
1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
1.6 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet -based application that will allow
the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled,
open or closed; view appointments and task detail of work, performed on contracted service calls; and view contract and equipment
coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality
enhancements or deletions are at the discretion of HONEYWELL.
Proposal Number 113096 Page 8 of 12
Honeywell Service Agreement (Rev. 04/11)
1.1 Scope:
Honeywell will provide software and hardware enhancement and support for Customer's Enterprise Building Integrator (EBI)
system, which consists of Honeywell Building Manager. The services are more specifically described below.
Dist of Covered Software
Drawing number(s) and dates) (if applicable)
Quantity Software Product Version Product Description Location
Number
1 1 76470 1 410 1 EBI Software City Hall
If software embedded in network hardware is to be covered, include it iii the List of Covered. Software.)
List of Covered hardware
Quantity
Description
Model Number
Location
Refresh Option
Yes or No
1
Dell PC
NA
Citv Hall
No
1.2 Software Enhancement and S�
For software included in the List of Covered Software and originally installed by Honeywell, Honeywell will, on a scheduled basis,
(a) evaluate the condition of the software, (b) apply any available updates and upgrades that are applicable to the software (but for
third -party software only after it has been qualified by Honeywell) and that have not been previously applied, (c) perform a system
back -up, and (d) save the back -up files.
For the same software, Honeywell will apply critical software updates as they become available (but for third -party software only
after it has been qualified by Honeywell). Critical software updates are updates that correct a problem that substantially
compromises the overall system operation or security.
Customer shall not install any software on systems covered by this addendum without Honeywell's written approval. This
addendum does not include any services on software installed by others, and Honeywell will not be liable for any damage to any
such software installed without Honeywell's written approval that results from these services.
1.3 Hardware S�ort
For hardware included in the List of Included Hardware and originally furnished by Honeywell, Honeywell will, on a periodic basis,
evaluate the performance of the hardware and recommend any enhancements needed to allow the software to perform as specified.
If the Refresh Option is selected, Honeywell will replace the listed hardware with new hardware that satisfies the requirements of
the upgraded or updated software on or about the two -year anniversary of the initiation of these EBI Software Enhancement and
Support Services and on or about any succeeding two -year anniversary, for as long as these services remain in effect.
1.4 Performance Review
At Customer's request, Honeywell will, on an annual basis, provide a review of the services provided under this addendum. As part
of this review, Honeywell will discuss services provided since the last review, answer questions pertaining to the services, and
discuss opportunities to improve performance.
Proposal Number 113096 Page 9 of 12
Honeywell Service Agreement (Rev. 04/11)
1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S
ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule:
U0 of Caverp.d F,anninment:
1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article
1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL - supplied frames from the facility, or
ofrcr "US', OMER the opportun.ty, to purchase them at the current market value.
1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of
media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect
the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency.
1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
Proposal Number 113096 Page 10 of 12
Honeywell Service Agreement (Rev. 04/11)
Changes per year
Fan System Unit
Quantity
Size
Type
1,2,4,6, or 12
For Equipment covered in
N/A
N/A
Pleated Media
4
Mechanical List
1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article
1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL - supplied frames from the facility, or
ofrcr "US', OMER the opportun.ty, to purchase them at the current market value.
1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of
media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect
the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency.
1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on
an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review,
answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment.
Proposal Number 113096 Page 10 of 12
Honeywell Service Agreement (Rev. 04/11)
Water Treatment Services
1.1 Scope - HONEYWELL will provide a water treatment program for the following systems:
List of Covered Equipment:
Quantity
Descri tion
Model Number
Location
2
Closed Loop
Chilled and Hot Water
City Hall
1
Open Loop
Cooling Tower
City Hall
1.2 Preventive Maintenance - A computer - scheduled treatment program for the control of scale, corrosion, and biological
fouling will be provided. HONEYWELL will regularly examine, test, and adjust all covered water treatment devices, and will
perform periodic water analysis. On systems requiring continuous water analysis, an electronic monitoring system will be installed
and maintained. The electronic monitoring system will automate the water analysis process, and adjust chemical feed and bleed
interval automatically.
1.3 Supplies and aterials - HONEYWELL will provide and maintain all monitoring equipment, and will supply
biodegradable chemicals necessary to maintain proper water treatment. All monitoring and application equipment furnished by
HONEYWELL will remain the property of HONEYWELL.
1.4 Emergency Service - Should an emergency related to the function of the Water Treatment Services arise, HONEYWELL
personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action
with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4
hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that are not listed in
Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service.
Proposal Number 113096 Page ll of 12
Honeywell Service Agreement (Rev. 04/11)
These Special Provisions are incorporated herein by reference and made a part of the Honeywell International
Inc., Honeywell Building Solutions — Services Agreement No. 40100356
1. Community Center: Honeywell will convert the existing Y7505 controller to a stand-alone
programmable controller by changing firmware. This controller will no longer be remotely monitored by
Honeywell. We will program holiday schedules on an annual basis at the customer request.
2. Pricing and Early Termination Fee Schedule:
Year
Current Annual Price (3%
esc)
Revised Sell
Price
F.nrlv Term
Fee
1
$117,517
$105,000
$14,395
At Month 13
2
$121,043
$110,250
$26,267
At Month 25
3
$124,675
$122,267
$28,795
At Month 37
4
$128,416
$135,594
$21,617
At Month 49
5
$132,269
$150,374
$0
5 Yr Total
$623,920
$623,486
5 year
Averages
$124,784
$124,697
NOTE: If termination falls between annual renewals early Term Fee will be
prorated in accordance with month termination is effective
Proposal Number 113096 Page 12 of 12
Honeywell Service Agreement (Rev. 04/11)
SUMMARY
This report requests that the City Council suspend enforcement of Chapter 133 of the Baldwin Park Municipal
Code ( "BPMC "), pending judicial determination of its legality.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends City Council adopt Resolution No. 2014 -039 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUSPENDING ENFORCEMENT OF
CERTAIN PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE REGARDING SEX OFFENDER
RESIDENCY AND MOVEMENT RESTRICTIONS."
BACKGROUND /ANALYSIS
The City's sex offender ordinance is codified in Chapter 133 of the BPMC, which was enacted in December of
2006. The Chapter regulates residency of sex offenders, loitering by sex offenders, and returning to a location
after the sex offender has been asked to leave. Section 133.02 states: "It is unlawful for any sex offender to
reside within 2,000 feet of any children's facility within the city." Section 133.03 states: "It is unlawful for any
sex offender to loiter within 300 feet of any children's facility within the city." Section 133.04 states: "It is
unlawful for any sex offender to return to any location within 300 feet of any children's facility at any time after
having been notified to leave such children's facility by the owner or any authorized official of such children's
facility." Collectively, this Chapter regulates where a sex offender may live or move.
However, there are two cases that call into question whether such regulations are permissible. First, In re
Taylor is a case in which Penal Code §3003.5 is being challenged as unconstitutional and is currently pending
before the California Supreme Court. Next, People v. Nguyen appears to support the argument that movement
restrictions are preempted by state law. Because Chapter 133 of the BPMC contain both movement and
residency restrictions, and was enacted pursuant to the authority provided in Penal Code §3003.5, both
provisions are called into question with respect to the preemption issue.
The City Attorney's Office has been monitoring such regulations and, based on independent analysis, believes
that there is a possibility that both regulations may eventually be found to be invalid. It is for these reasons that
the City suggests, at least, suspending enforcement of Chapter 133 pending judicial determination of the
validity of Penal Code §3003.5.
ALTERNATIVES
The City may consider repealing Chapter 133 in its entirety via ordinance, or consider continuing enforcement
of Chapter 133.
ATTACHMENT
• Resolution No. 2014 -039
ITEM NO.
STAFF REPORT
AR
V .
TO:
Honorable Mayor and City Councilmembers
5.,,'.. HUB OF '� ",
!•' ; THE fl '7D 4
U ;K 9
FROM:
Robert Nacionales Tafoya, City Attorney
.
.SAN GAB.f21EL , n
DATE:
October 6, 2014
q�D
SUBJECT:
SUSPENSION OF CHAPTER 133 OF THE BALDWIN PARK
JANUP�
MUNICIPAL CODE
SUMMARY
This report requests that the City Council suspend enforcement of Chapter 133 of the Baldwin Park Municipal
Code ( "BPMC "), pending judicial determination of its legality.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends City Council adopt Resolution No. 2014 -039 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUSPENDING ENFORCEMENT OF
CERTAIN PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE REGARDING SEX OFFENDER
RESIDENCY AND MOVEMENT RESTRICTIONS."
BACKGROUND /ANALYSIS
The City's sex offender ordinance is codified in Chapter 133 of the BPMC, which was enacted in December of
2006. The Chapter regulates residency of sex offenders, loitering by sex offenders, and returning to a location
after the sex offender has been asked to leave. Section 133.02 states: "It is unlawful for any sex offender to
reside within 2,000 feet of any children's facility within the city." Section 133.03 states: "It is unlawful for any
sex offender to loiter within 300 feet of any children's facility within the city." Section 133.04 states: "It is
unlawful for any sex offender to return to any location within 300 feet of any children's facility at any time after
having been notified to leave such children's facility by the owner or any authorized official of such children's
facility." Collectively, this Chapter regulates where a sex offender may live or move.
However, there are two cases that call into question whether such regulations are permissible. First, In re
Taylor is a case in which Penal Code §3003.5 is being challenged as unconstitutional and is currently pending
before the California Supreme Court. Next, People v. Nguyen appears to support the argument that movement
restrictions are preempted by state law. Because Chapter 133 of the BPMC contain both movement and
residency restrictions, and was enacted pursuant to the authority provided in Penal Code §3003.5, both
provisions are called into question with respect to the preemption issue.
The City Attorney's Office has been monitoring such regulations and, based on independent analysis, believes
that there is a possibility that both regulations may eventually be found to be invalid. It is for these reasons that
the City suggests, at least, suspending enforcement of Chapter 133 pending judicial determination of the
validity of Penal Code §3003.5.
ALTERNATIVES
The City may consider repealing Chapter 133 in its entirety via ordinance, or consider continuing enforcement
of Chapter 133.
ATTACHMENT
• Resolution No. 2014 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, SUSPENDING ENFORCEMENT
OF CERTAIN PROVISIONS OF THE BALDWIN PARK
MUNICIPAL CODE REGARDING SEX OFFENDER RESIDENCY
AND MOVEMENT RESTRICTIONS
WHEREAS, the City has adopted Chapter 133 of the Baldwin Park Municipal
Code ("BPMC"), which imposes proximity restrictions for registered sex offenders; and
WHEREAS, BPMC Chapter 1133 imposes both movement and residency
restrictions on registered sex offenders; and
WHEREAS, residency restriction are permissible pursuant to authority granted by
Penal Code §3003.5; and
WHEREAS, there have been challenges to such residency and movement
restrictions, as seen in People v. Nguyen and In Re Taylor; and
WHEREAS, the City has conducted its own independent analysis and has
determined that the City should consider suspending enforcement of Chapter 133,
pending final judicial determination of such matters; and
WHEREAS, the City desires to suspend enforcement of Chapter 133 pending
judicial determination or confirmation of such restrictions in court, which should be
forthcoming in the near future.
NOW, THEREFORE, THE CITY COUNCIL • THE CITY • BALDWIN PARK
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City shall suspend enforcement of Chapter 133 of the
Baldwin Park Municipal Code, pending judicial determination of the matter.
sno I
MANUELLOZANO
MAYOR
STATE • CALIFORNIA
COUNTY • LOS ANGELES S-1
CITY
• BALDWIN PARK
AYES: COUNCILMEMBERS:
of the City of Baldwin Park, do hereby certify thffl
and regularly approved and adopted by the City
at a regular meeting thereof, held on the 15 th day of
1 HUB0 'o
J THE "Y�
® SAN GABRIEL ,
2�o VALLEY' ay ;
P� 'p
�RAFED JANV
U U 01 �
ITEM NO. 1
TO: Honorable Mayor and City Councilmembers _
FROM: Daniel Wall, P.E., Director of Public Works / City Engineer' I
DATE: October 15, 2014
SUBJECT: Upgrade Two Public Works Positions
Two Public Works positions will be upgraded by approval of this item, 1. The part -time City Services Worker
F-"" on the Graffiti Cre;�v' where the employee is currently working 38 or more hours per week will be
upgraded to a full -time Maintenance Worker I position. 2. The currently vacant Engineering Assistant position
will be upgraded to an Associate Engineer position to better meet the current and future needs of the City.
FISCAL IMPACT
These upgrades will have no impact on the general fund. Increases in labor cost will be absorbed the current
budget and restricted funds.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize upgrading the part-time City Services Worker position on the Graffiti Crew to Maintenance
Worker I; and the currently vacant Engineer Assistant position to Associate Engineer,
2. Authorize the Director of Finance to make appropriate transfers and fund adjustments.
BACKGROUND
On July 2, 2104, the City Council adopted the Fiscal Year 2013/14 Budget. This budget included the upgrading
14 part-time positions where individuals were working 38 or more hours per week. While the part-time City
Service Worker position was included in early drafts of the budget, it was inadvertently left off of the final
document presented for adoption by the City Council. Authorization of this reclassification will correct that
error.
The Engineering Assistant position has been vacant since May 2013, while the Director of Public Works has
determined current and future engineering and design needs for the City. The City does not need the skills that a
typical Engineering Assistant would provide, but instead is in need of the greater skills of an Associate
Engineer. When compared to using an engineering consultant, an Associate Engineer will provide basic
engineering designs and studies faster and at a lower overall cost. Authorization to upgrade the Engineering
Assistant position to Associate Engineer will provide more responsive and lower cost project design.
LEGAL REVIEW
None required.
ALTERNATIVES
There is no alternative for the City Services Worker who is currently a de facto full -time employee. Upgrading
this part -time position recognizes that full -time nature of the work.
The Alternative for the Engineering Assistant position is to take no action. This will result in the position
continuing to remain vacant for the foreseeable future, and for increased use of engineering consultants to
perform routine work.
STATF R;'�P®
ITEM NO. ,
SUMMARY
This report is to seek approval by City Council to enter into the LTE Site Access Agreement with the Los
Angeles Regional Interoperable Communications System Authority, a Joint Powers Authority (JPA), to
authorize the placement of a 70 -foot tall Long Term Evolution Broadband (LTE) monopole on City property.
FISCAL IMPACT
There will be no negative impact to the general fund. The total cost of the erection and maintenance of the
monopole will be the responsibility of LA -RICS. The City would remain responsible for the maintenance and
upkeep of the real property (i.e.; landscaping, lawn mowing) but this is in a low maintenance area and would be
minimal, and is already cared for by City maintenance personnel.
There is a possibility vacant antenna space on the monopole can be leased to commercial communications
carriers with the proceeds going to the city.
RECOMMENDATION
Staff recommends that City Council approve and authorize the Mayor to sign the agreement with revisions
incorporated to reflect the final site selection, in accordance with Council direction.
LEGAL REVIEW
The site agreement contract was reviewed and approved as to form and content by the City Attorney.
BACKGROUND
Los Angeles Regional Interoperable Communications System (LA -RICS) will provide improved radio and
broadband communications for public safety providers throughout the region. The City of Baldwin Park is
currently a member of the LA -RICS Joint Powers Authority. The LA -RICS system is comprised of two
projects: Land Mobile Radio (LMR) which is a traditional in -car police radio system, and the Long Term
Evolution (LTE) Broadband communication system which is the in -car computer system. The LA -RICS system
will provide integrated communications with all Los Angeles County Law Enforcement, Fire, Emergency
Medical Services, Transportation and Education agencies, and is a vital part of an interoperable
communications and data network.
The proposed tower, to be located on Baldwin Park City property is 1 of 231 monopoles being erected within
the county network of towers. During the study Session of October 8, 2014, Council directed staff to work with
the JPA to develop plans and renderings of a pole placement at three different proposed locations adjacent to the
City Hall and Police Department, and to make revisions to the agreement when the final location is selected.
Staff will provide the requested renderings and information to Council as it pertains to locating the pole in any
LA -RICS
October 15, 2014
Paae 2
one of the three locations, and will provide at the meeting a revised agreement which will reflect the final site
selection in the terms.
Staff has determined that location placement will depend on suitability, however it will not interfere with
normal City operations or the proposed housing project next to City Hall (ROEM project). A major benefit to
the City of Baldwin Park is that these towers will be designed to accommodate LA -RICS and two additional
commercial antenna arrays, should the City decide to contract with private vendors. Through use of this
capacity, the City may receive revenue from other commercial carriers or wireless entities through renting of
space on the pole.
Approval of the LTE Agreement With the JPA does not Gbiigaic the ('ity to participate as a member or a
subscriber of the LA -RICS LMR or LTE systems.
MAW X' .� ► _TI 11 I, M
The alternative would be to deny the LA -RICS JPA the use of city property for a monopole site, which would delay
the implementation of the countywide communications system.
ATTACHMENTS
1. LA -RICS Site Agreement
l i ;"
W;`M
r - - t,
AND THE LOS ANGELES REGIONAL
INTEROPEIABLE COMMUNICATIONS
SYSTEM AUTHORITY, a Joint Powers
Authority, hereinafter referred to as "LA-
RICS Authority."
WHEREAS, Owner is a member of the LA -RIGS Authority, which was
established pursuant to a Joint Powers Agreement dated January 2009 ( "JPA ") for the
purpose of coordinating governmental services to establish a wide -area interoperable
public safety communications network commonly known as LA -RIGS;
WHEREAS, Owner owns certain real property described on Exhibit A (Site List)
hereto ( "Real Property "); and
WHEREAS, Owner desires to permit use of a portion of the Real Property by the
LA -RICE Authority for use as a Long Term Evolution broadband ( "Broadband" or "LTE ")
communication site; and
WHEREAS, the parties hereto acknowledge that: (a) LA -RIGS AUTHORITY has
retained Motorola ( "LMR Vendor ") to design, construct, and perform services with
respect to a regional interoperable LMR telecommunications system as a part of the LA-
RICS; (b) the LA -RICS Authority has retained Motorola ( "LTE Vendor ") to design and
construct a regional interoperable Broadband telecommunications system as a part of
the LA -RICS; (c) the federal First Responder Network Authority may, or may not retain
one or more vendors (collectively, the "First Net Parties "), to design and construct a
national interoperable Broadband telecommunications system of which the LA -RICS
may be a part; and (d) any of the LA -RICS Authority member agencies may assume the
LA -RICS Authority's rights and obligations under this Agreement and /or may perform
services with respect to this LA -RICS; and
WHEREAS, LA -RICS AUTHORITY is willing to accept and exercise the rights
granted by this Agreement for use of a LTE site located on the Real Property in
accordance with the terms and conditions prescribed herein.
HOA.1094446.1
NOWI THEREFORE� in consideration of the foregoing recitals, which are hereby
deemed a contractual part hereof, and the mutual promises, covenants, and conditions
set forth herein, the parties hereto agree as follows:
1.02 The LA -RIGS AUTHORITY acknowledges its personal inspection of the
LTE Site and the surrounding area and evaluation of the extent to which the physical
condition thereof will affect its operations. The LA -RIGS AUTHORITY accepts the
LTE Site in its as-is condition with no duty to investigate, and Owner makes no
warranty, express or implied, as to the suitability of the LTE Site or the Real Property
for the LA-RICS AUTHORITY's use; its physical condition, including the condition and
stability of the soils or groundwater on or under any of the Real Property; and the
presence of pollutants or contaminants therein.
1.03 LA-RICS AUTHORITY, the LTE Vendor, and/or the First Net Parties may
make or construct or cause to be made or constructed additions, alterations, repairs,
replacements or other changes to the LTE Site at the LA-RICS AUTHORITY's
expense in accordance with all of the terms and conditions of this Agreement.
1.04 LA-RICS AUTHORITY hereby acknowledges the title or other legal right of
possession of the Owner or its successors in the Real Property and covenants and
agrees never to assail, contest, or resist said title.
1.05 Ownership of all improvements constructed by the LA-RICS AUTHORITY
upon each and every site comprising the LTE Site and all alterations, additions or
betterments thereto shall remain with the LA -RIGS AUTHORITY or other agencies as
may be provided by any applicable LA-RICS grant requirements. The LA-RICS
AUTHORITY may remove any of its own improvements to the Real Property at any
time during the term of the Agreement, and Owner hereby Waives any and all lien
rights it may have in relation thereto, statutory or otherwise.
m.
HOA.1094446.1
N
HOA.1094446.1
consideration throughout the LTE Site plan approval process, as described in this
Section 3 (Approvals/Design Review and in Section 8 (Alterations).
a ME
HOA.1094446A
HOA.1094446.1 5
AUTHORITY's infrastructure, shelter, equipment, and related improvements and as
required for LA-RICS AUTHORITY's operations of the LA-RICS Facility at the LTE
Site, including any structural upgrades required to accommodate LA-RICS
AUTHORITY's infrastructure, shelter, equipment, and related improvements on the
LTE Site.
Owner shall be responsible for maintenance of the Real Property, including the
LTE Site, and such maintenance responsibility shall include general upkeep,
HOA10944*61 0
landscaping, lawn-mowing, and related maintenance activities. The LTE Site shall be
kept neat and clean by LA-RICS AUTHORITY and ready for normal use by Owner and
other users. Should LA-RICS AUTHORITY fail to accomplish this, following 30 days
written notice from Owner, Owner may perform the work and LA-RICS AUTHORITY
shall pay the cost thereof upon written demand by Owner.
LA-RICS AUTHORITY shall be responsible for the timely repair of all damage to
the LTE Site or the Real Property caused by the negligence or willful misconduct of LA--
RICS AUTHORITY, its employees, agents or business vendors, including without
limitation- the- LTE Vendor-.- -- Should- - LA-RICS -AUTHORITY fail - -to- promptly- make such
repairs after 30 days written notice from Owner, Owner may have repairs made and LA-
RKS AU HORITY shall pay the cost thereof upon written demand by Owner.
Installation and maintenance of LA-RICS AUTHORITY's equipment including
without limitation the LA-RICS Facility shall be performed in a neat and workmanlike
manner and shall at all times comply in all respects to the statutes, laws, ordinances
and regulations of any governmental authority having jurisdiction which are applicable to
the installation, construction, operation and maintenance of LA-RICS AUTHORITY's
equipment, including but not limited to the Owner's City Building Code.
LA-RICS AUTHORITY shall remove any debris to the extent resulting from
maintenance, operation and construction on the LTE Site by LA-RICS AUTHORITY, its
agents or contractors (including without limitation the LTE Vendor). In the event that
LA-RICS AUTHORITY fails to remove such debris from the LTE Site, Owner shall
provide written notice to LA-RICS AUTHORITY and allow LA-RICS AUTHORITY ten
business days after receipt of notice to remove such debris. After the expiration of such
ten-business day period, Owner shall cause such debris to be removed and invoice LA-
RICS AUTHORITY for the reasonable costs of said removal.
11.01 As applicable, LA-RICS AUTHORITY or its LTE Vendor or the First Net
Parties shall:
(a) Comply with and abide by all applicable rules, regulations and
directions of Owner.
(b) At all times hold a valid FCC Agreement for the Permitted Activities
and comply with all applicable City and County ordinances and all State and Federal
laws, and, in the course thereof, obtain and keep in effect all required permits and
Agreements required to engage in the Permitted Activities on the LTE Site.
(c) Conduct the Permitted Activities in a courteous and non-profane
manner, operate without interfering with the use of the Real Property by Owner or the
public, except as herein permitted, and remove any agent, invitee or employee who fails
to conduct Permitted Activities in the manner heretofore described.
HOA.1094446.1 7
(d) Assume the risk of loss, damage or destruction to the LA-RICS
Facility and any and all fixtures and personal property belonging to LA-RICS
AUTHORITY that are installed or placed within the LTE Site, unless such loss, damage
or destruction was caused by the negligent or willful act or omission of the Owner, its
agents, employees or contractors.
A AR
12.01 Owner shall have the right to request relocation of the LA-RIGS Facility or
...-an-y--portion thereof-on-no more -th an-one occaston----dur-ing-th-e--tiarm-he reof- to another
location on the Real Property ("Alternate Site"), provided:
(a) the Alternate Site: (i) is substantially similar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RIGS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) does not interfere with any portion of the LA-
RICS Facility or the LA-RICS system or equipment;
(b) Owner shall pay all costs incurred by LA-RICS AUTHORITY for
relocation of LA-RICS AUTHORITY's equipment from the LTE Site to the Alternate Site
and any improvement of the Alternate Site to make it substantially similar to the LTE
Site, including all costs incurred to obtain all of the certificates, permits, and other
approvals that may be required by any agency having jurisdiction, including costs
required to comply with CEQA and the National Environmental Policy Act (EPA), as
applicable, prior to any activity at an Alternate Site that would constitute a "project" as
that term is defined in Title 14, Section 15378 of the California Code of Regulations, as
well as any soil boring tests needed to permit LA-RICS AUTHORITY's use of the
Alternate Site;
(c) Owner shall give LA-RICS AUTHORITY at least six months written
notice before requiring relocation; and
(d) LA-RICS AUTHORITY's use pursuant hereto will not be interrupted
and LA-RICS AUTHORITY shall be allowed, if necessary, to place temporary
equipment on the Real Property during the relocation.
12.02 LA-RICS AUTHORITY shall have the right to request relocation of the LA-
RICS Facility or any portion thereof to an Alternate Site on the Real Property pursuant
to LA-RICS AUTHORITY's obligations under the Spectrum Lease Agreement, provided
that:
(a) the Alternate Site: (i) is substantially similar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RICS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) does not interfere with any portion of the LA-
RICS Facility or the LA-RICS system or equipment;
(b) LA-RICS AUTHORITY shall pay all costs relating to relocation of
LA-RICS AUTHORITY's equipment from the LTE Site to the Alternate Site and any
improvement of the Alternate Site to make it substantially similar to the LTE Site,
HOA. 109444& 1 8
(c) LA-RICS AUTHORITY shall give Owner at least six (6) months
written notice of the requested relocation.
HOA.1094446.1
LA -RIGS AUTHORITY shall reimburse Owner within thirty (30) days of receipt of
Owner's written request for Owner's actual costs to correct any deficiency that is
corrected by Owner pursuant to this Section.
HOA.1094446.1
M
HOA.1094446.1 11
(a) General Liabilily. A program of insurance which shall be primary to
and not contributing with any other insurance maintained by Owner, written on ISO
policy form CG 00 01 or its equivalent, and endorsed to name the Owner as an
additional insured, and shall include, but not be limited to:
(1) Comprehensive general liability insurance endorsed
for Site-operations, prod ucts/completed operations, contractual, broad form property
damage, and personal injury with a limit • not less than
General Aggregate: $2 millior
!11!!��09030011)91 �11 I M11
Per occurrence $ 1 million
(2) Automobile Liability insurance (written • ISO form
CA 00 01 • its equivalent) with a limit • liability of not less than $1 million for each
accident, and providing coverage for all "owned," "hired" and "non-owned" vehicles, or
coverage for "any auto," used in LA-RICS AUTHORITY's business operations.
(b) Workers Compensation. If applicable, a program of workers'
compensation insurance in an amount and form to meet all applicable requirements of
the labor code of the State of California, and which specifically covers all persons
providing services on behalf of LA -FMCS AUTHORITY and all risks to such persons
under the Agreement.
HOA.1094446.1
12
Disease - policy limit: $1 million
Disease - each employee: $1 million
(c) Construction Insurance. If major construction work is performed
by LA-RICS AUTHORITY during the term of this Lease (i.e. demolition of structures,
construction of new structures, renovation or retrofit involving structures frame,
foundation or supports, or more than 50% of building, etc.) then LA-RICS AUTHORITY
or LA-RICS AUTHORITY's contractor shall provide the following insurance. Owner shall
-----determine-the-cov-e-rage-lim-i-ts-tequire-d-o-n-a-p-rQj�-ct b_y-project basis:
Builder's Risk Course of Construction Insurance. Such
coverage shall insure against damage from perils covered by the
Causes-of-Loss Special Form (ISO form CP 10 30). This insurance
shall be endorsed to include earthquake, flood, ordinance or law
coverage, coverage for temporary offsite storage, debris removal,
pollutant cleanup and removal, testing, preservation of property,
excavation costs, landscaping, shrubs and plants, and full collapse
coverage during construction, without restricting collapse coverage
to specified perils. Such insurance shall be extended to include
boiler & machinery coverage for air conditioning, heating and other
equipment during testing. This insurance shall be written on a
completed-value basis and cover the entire value of the
construction project, including Owner furnished materials and
equipment, against loss or damage until completion and
acceptance by the LA-RICS AUTHORITY and the Owner if
required.
General Liability Insurance. Such coverage shall be written on
ISO policy form CG 00 01 or its equivalent, naming Owner as an
additional insured, with limits of not less than:
General Aggregate: $50 million
Prod ucts/Completed Operations Aggregate: $50 million
Personal and Advertising Injury: $25 million
Each Occurrence: $25 million
The Products/Completed Operations coverage shall continue to be
maintained in the amount indicated above for at least two (2) years
from the date the Project is completed and accepted by the LA-
RICS AUTHORITY and the Owner if required.
Automobile Liability. Such coverage shall be written on iso policy
form ca 00 01 or its equivalent with limits of not less than $5
MILLION for bodily injury and property damage, in combined or
equivalent split limits, for each single accident. Such insurance
shall cover liability arising out of LA-RICS AUTHORITY's or LA-
HOA-1094446.1 13
including owned, leased, hired, and/or non-owned autos, as each
may be applicable.
Professional Liability. Such insurance shall cover liability arising
from any error, omission, negligent, or wrongful act of the LA-RICS
AUTHORITY's contractor and/or licensed professional (i.e.
architects, engineers, surveyors, etc.) with limits of not less than 5
million dollars per claim and $5 million dollars aggregate, . The
---------------coverage—shall-also-provide-an-extended two-y-ear-reporting-period-------------
commencinq upon expiration, termination or cancellation of the
construction project.
18.02 Insurer Financial Rating . Insurance is to be provided • an insurance
company acceptable to Owner with an A.M. Best rating of not less than A:VII, unless
otherwise approved by Owner.
18.03 Failure to Maintain Coverage. Failure by LA-RICS AUTHORITY to
maintain the required insurance, or to provide evidence of insurance coverage
acceptable to Owner, shall constitute a material breach of this Agreement.
18.04 Notification of Incidents. Claims or Suits. LA-RICS AUTHORITY shall
report to Owner any accident or incident relating to activities performed under this
Agreement which involves injury or property damage which might reasonably be
thought to result in the filing of a claim or lawsuit against LA-RICS AUTHORITY and/or
HOA. 1094446.1 14
Owner. Such report shall b in writing within 72 hours of LA-RICS
AUTHORITY's knowledge of such occurrence.
18.05 Compensation for Owner Costs. In the event that LA-RICS AUTHORITY
fails to comply with any of the indemnification or insurance requirements of this
Agreement, and such failure to comply results in any costs to Owner, LA-RICS
AUTHORITY shall pay full compensation for all reasonable costs incurred by Owner.
7iff" M 111 1 i
19.02 Use of the LTE Site shall not commence until LA-RICS AUTHORITY has
complied with the aforementioned insurance requirements, and shall be suspended
during any period that LA-RICS AUTHORITY fails to maintain said insurance policies
in fullforce and effect,
IMEMI MEN AW
20.01 The interest (as defined in California Revenue and Taxation Code
Section 107) in the LTE Site created by this Agreement may be subject to property
taxation if created. The party in whom the property interest is vested may be subject
to the payment of the property taxes levied on the interest.
20.02 LA-RICS AUTHORITY shall pay before delinquency all lawful taxes,
assessments, fees or charges which at any time may be levied by the Federal, State,
Owner, City, or any other tax or assessment-levying body upon the LTE Site arising
from LA-RICS AUTHORITY's use of the LTE Site.
20.03 If LA-RICS AUTHORITY fails to pay any lawful taxes or assessments
upon the LTE Site which LA-RICS AUTHORITY is obligated to pay, LA-RICS
AUTHORITY will be in default of the Agreement.
21.04 Owner reserves the right to pay any such tax, assessment, fees •
charges, and all monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to
Owner within 30 days of demand. LA-RICS AUTHORITY and Owner agree that this is
a Agreement and not a lease and no real estate interest is being conveyed herein.
NMMMIIE��
HOA.1094446.1 15
Quch envelope, with postage prepaid, in the U.S. Post Office or any substation thereof,
ny public letter bol and any such notice and the envelope containing the same,
,#r a
q.hall be addressed to LA-RICS AUTHORITY as follows:
KMJ W-154
I
---ar—such other 9 b LA- RIBS - -- —place as may hereinafter be _ designated nated in writing
AUTHORITY. 24-hour emergency contact information for LA-RICS AUTHORITY is as
follows:
304,110-1, �n 5ill, Jill 111:1111
Is
The notices and the certificate of insurance and envelopes containing the same to the
Owner shall be addressed as follows:
Baldwin Park, CA 91706
SCurian@baidwinpark.com
626-960-4011
M ffli IF RONNIE ROOM! l�11 III I � 11 •
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing. Notices may also be provided by electronic mail or facsimile
transmission, provided that such notices are followed up with a copy sent via US Mail.
x
HOA.1094446.1 16
timely removal of LA- 'rte ICS AUTHORITY's property impossible, then LA-RICS
AUTHORITY shall have thirty (30) days from the earliest date on which access is
possible in which to comply with this provision.
Any modification of any of the terms and conditions hereof shall require a written
amendment signed by an authorized agent of the LA-RICS AUTHORITY and an
authorized agent • Owner.
25.01 This Agreement may not be sold, assigned or transferred by LA-RICS
AUTHORITY without the approval or consent of the Owner, which consent may not be
unreasonably withheld or conditioned. No change of stock ownership, partnership
interest
• control of LA-RICS AUTHORITY or transfer upon partnership • corporate
dissolution of LA-RICS AUTHORITY shall constitute an assignment hereunder.
25.02 To effect an assignment or transfer pursuant to this Section 25
(Assignment), LA-RICS AUTHORITY shall first deliver to the Owner:
HOA.1094446.1
• �* =63
(5) The name, address, and most recent financial statements of
the proposed transferee, assignee or sublicensee;
Proposed unredacted instrument of transfer or assignment
or any
• all • its rights hereunder; and
17
(iv) Any other information reasonably requested by the Chiet
Executive Officer, the City Manager, or any designee of
Owner.
25.03 Owner shall approve or disapprove a proposed transfer, assignment or
sublicense within sixty (•0) days after LA-RICS AUTHORITY delivers all such items to
the Owner. Owner's failure to respond to any request pursuant to this Section shall be
deemed disapproval of said request.
25.05 In the case of a sublicense, the proposed instrument shall specifically
include a provision that the sublicensee shall comply with and be subject to all of the
terms covenants, and conditions • this Agreement.
HOA. 1094446.1 18
required to subordinate its interest in this Agreement to any future Mortgage covering
the Real Property, Owner shall obtain for LA-RIGS AUTHORITY's benefit a non-
disturbance and attornment agreement in a form reasonably satisfactory to LA-RIGS
AUTHORITY and containing at a minimum the terms set forth hereinbelow ("Non-
Disturbance Agreement"), and shall recognize LA-RICS AUTHORITY's right to remain
in occupancy of and have access to the LTE Site as long as LA-RIGS AUTHORITY is
not in default of this Agreement beyond applicable notice and cure periods. The Non-
Disturbance Agreement shall include the encumbering party's ("Lender's") agreement
that, if Lender or its successor in interest or any purchase of Lender's or its successor's
—intere.st-(a—"P-urchas-er°_)-acquir-es-an-ow-ne.rship--inte-re-s-t-iti-the--Real-Rropert-y-,-Lende.r-or---
such successor in interest or Purchaser will (a) honor all of the terms of this Agreement,
kb) obligations under this Agreement, and "c promptly cure all of the then-
existing Owner defaults under this Agreement. Such Non-Disturbance Agreement must
be binding on all of Lender's participants in the subject loan (if any) and on all
successors and assigns of Lender and/or its participants and on all Purchasers. In
return for such Non-Disturbance Agreement, LA-RIGS AUTHORITY will execute an
agreement for the Lender's benefit in which LA-RICS AUTHORITY: (i) confirms that the
Agreement is subordinate to the Mortgage or other real property interest in favor of the
Lender, (ii) agrees to attorn to Lender if Lender becomes the owner of the Real
Property, and (III) agrees to accept a cure by Lender of any of Owner's defaults,
provided such cure is completed within the deadline applicable to Owner.
In the event of any condemnation of the Real Property (or any portion thereof),
LA-RICS AUTHORITY may terminate this Agreement upon written notice to Owner if
such condemnation may reasonably be expected to disrupt LA-RICS AUTHORITY's
operations at the LTE Site for more than forty-five (45) days. LA-RICS AUTHORITY
may on its own behalf make a claim in any condemnation proceeding involving the LTE
Site for losses related to the equipment comprising the applicable LA-RICS Facility, its
relocation costs and its damages and losses (but not for the loss of its interest, if any,
under this Agreement). Any such notice of termination shall cause this Agreement to
expire with the same force and effect as though the date set forth in such notice were
the date originally set as the expiration date of this Agreement, and Owner and LA-
RICS AUTHORITY shall make an appropriate adjustment, as of such termination date,
with respect to payments due to the other, if any, under this Agreement.
Except as otherwise provided in this Agreement, in the event of a default
hereunder by LA-RICS AUTHORITY, Owner shall provide written notice thereof to LA-
RICS AUTHORITY. LA-RICS AUTHORITY shall have sixty (60) days from the date of
said notice in which to cure the default, provided that LA-RICS AUTHORITY shall have
such extended period beyond sixty (60) days as may be required if the nature of the
cure is such that it reasonably requires more than sixty (60) days and LA-RICS
AUTHORITY has commenced to cure the default within the 60-day period and has
acted with reasonable diligence in commencing and pursuing such cure to completion.
HOA.1094446.1 19
29.01 Any waiver by either party of the breach of any one or more of the
covenants, conditions, terms and agreements herein contained shall not be construed
to be a waiver of any other breach of the same or of any other covenant, condition, term
or agreement herein contained, nor shall failure on the part of either party to require
exact, full and complete compliance with any of the covenants, conditions, terms or
agreements herein contained be construed as in any manner changing the terms of this
Agreement or stopping either party from enforcing the full provisions thereof.
29.02 No option, right, power, remedy, or privilege of either party shall be
construed as being exhausted by the exercise thereof in one or more instances. The
rights, powers, options, and -remedies given -either- party by this Agreement shall be
cumulative.
The parties hereto hereby warrant and represent that they shall comply with all
applicable Federal, State, and local laws and regulations concerning the use, release,
storage and disposal of hazardous substances on the LTE Site and the Real Property.
For purposes of this Agreement, the term "hazardous substances" shall be deemed to
include hazardous, toxic or radioactive substances, as defined in California Health and
Safety Code Section 25316, as amended from time to time, or the same or a related
defined term in any successor or companion statutes, and crude oil or byproducts, of
crude oil other than crude oil which exists on the Real Property as a natural formation,
HOA.1094446A 20
and those chemicals and substances identified pursuant to Health and Safety Code
Section 25249,8., as it may be amended from time to time.
BUT.-
Should any matter or condition beyond the control of the parties, such as war,
public emergency, calamity, fire, earthquake, flood or act of God prevent performance of
this Agreement by either party, such party shall be relived of the performance of such
obligations during the time period of the event.
The parties hereto represent and warrant that the person executing this
Agreement for each of them is an authorized agent who has actual authority to bind
such party to each and every term, condition, and obligation of this Agreement and that
all requirements of such party have been fulfilled to provide such authority.
HOA. 1094446.1 21
This Agreement shall be governed by, and construed in accordance with the
internal laws of the State of California- LA-RICS AUTHORITY agr
.ees and consents to
the exclusive jurisdiction of the courts of the State of California for all purposes
regarding this Agreement and further agrees and consents that -venue of any action
brought hereunder shall be exclusively in the County of Los Angeles.
HO810944*61 22
36.04 If the Owner finds that any of the above Provisions of this Section have
been violated, such violation shall constitute a material breach of this Agreement upon
which the Owner may terminate, or suspend this Agreement.
Nothing herein is intended or shall be construed as creating any exclusive
arrangement with LA-RICS AUTHORITY. This Agreement shall not restrict the Owner
from acquiring similar, equal or like goods and/or services from other entities or
sources.
38. NOTICE OF EMPLOYEES REGARDING THE FEDERAL EARNED INCOME
CREDIT
LA-RICS AUTHORITY shall notify its employees, and shall require each
Contractor and Subcontractor to notify its employees, that they may be eligible for the
Federal Earned Income Credit under the federal income tax laws. Such notice shall be
provided in accordance with the requirements set forth in Internal Revenue Service
Notice No. 1015.
HOA.1094446.1 23
40.01 Advertising Materials and Signs. Except for warning signs required by
law, LA-RICS AUTHORITY shall not post signs upon the LTE Site or improvements
thereon, or distribute or cause to be distributed any advertising materials unless prior
approval therefor is obtained from the Owner.
40.02 Habitation. The LTE Site shall not be used for human habitation.
40.03 Illegal Activities. LA-RICS AUTHORITY shall not knowingly permit any
illegal activities to be conducted upon the LTE Site.
24
and all LA-RICS AUTHORITY's structures and enclosures. LA-RICS AUTHORITY, at
its expense, may use any and all appropriate means of restricting public access to the
LTE Site.
40.05 Sanitation. No offensive matter, refuse, or substance constituting an
unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the
public health in violation of the law, shall be permitted or remain on the LTE Site and
within a distance of fifty (50) feet thereof, and LA-RICS AUTHORITY and Owner shall
prevent any accumulation thereof from occurring.
40.06 Security Devices. LA-RICS AUTHORITY, at its own expense, may
nrOV'rip Pnxi 1prin-1 riez - 6nm4ant nnri +hem, installation +,,her r-%f
devices or equi....1 ed , Ul�_Iolul QGIL�_u for the
rr- ite from theft, burglary or vandalism, provided written
M_ 3-
purpose of protecting Ll le LTE [Z OLI then, L
approval for installation thereof is -first obtained from the Owner. Owner shall be
responsible for securing the Real Property.
41. NON-AVAILABILITY OF FUNDING
The parties acknowledge and agree that LA-RICS' AUTHORITY's performance
of its obligations under this Agreement is subject to the continuing availability of federal
grants or other funds for the LA-RICS Project. This Agreement may be terminated by
LA-RICS AUTHORITY (and the LA-RICS Facility removed from the LTE Site in
accordance with Section 22 (LA-RICS Facility Rernoval)hereof) upon a loss or reduction
of grant funds or other applicable funding sources.
42. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE
LA-RICS AUTHORITY hereby disclaims any status as a "displaced person" as
such is defined in Government Code Section 7260 and hereby acknowledges his
ineligibility for relocation assistance as provided in Government Code Section 7260
through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1) of the
California Administrative Code upon the future cancellation or termination of this
Agreement.
43. LA- ICS AUTHORITY'S STAFF AND EMPLOYMENT PRACTICES
43.01 LA-RICS AUTHORITY shall designate one member of its staff as an
Operations Manager with whom the Owner may deal with on a daily basis. Any person
selected by LA-RICS AUTHORITY as an Operations Manager shall be fully acquainted
with LA-RICS AUTHORITY's operation, familiar with the terms and the conditions
prescribed therefore by this Agreement, and authorized to act in the day-to-day
operation thereof.
43.02 LA-RICS AUTHORITY shall establish an identification system for each of
its personnel assigned to service the LTE Site that clearly indicates the name of the
person. The identification system shall be furnished at LA-RICS AUTHORITY expense
and may include appropriate uniform attire and name badges as routinely maintained by
LA-RICS AUTHORITY.
110A. 1094446.1 25
The Owner and LA-RICS AUTHORITY hereby expressly agree and acknowledge
that it is the intention of both parties that in the event that during the term of this
Agreement LA-RICS AUTHORITY shall become a debtor in any voluntary or involuntary
bankruptcy proceeding (a Proceeding) under the United States Bankruptcy Code, 11
U.S.C. 101, et seq. (the Code), this Agreement is and shall be treated as an unexpired
lease of nonresidential real property for purposes of Section 365 of the Code, 11 U.S.C.
365 (as may be amended), and, accordingly, shall be subject to the provisions •
---s ubsectio-ns-(d) (3-)-an-d-(d)(-4)-o-f-s-aLd-Se-c-tion-3-6-a-(as-may-b-e-arrte nded).
Subject to any provision hereof restricting assignment or subletting by LA-RICS
AUTHORITY, this Agreement shall bind the parties, their personal representatives,
successors and assigns.
The invalidity of any provision of this Agreement, as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof.
Unless the context of this Agreement clearly requires otherwise: (i) the plural and
singular numbers shall be deemed to include the other; (ii) the masculine, feminine and
neuter genders shall be deemed to include the others; (iii) "or" is not exclusive; and (iv)
"includes" and "including" are not limiting,
This Agreement (and the attached exhibits) contains the entire agreement
between the parties hereto with respect to the matters set forth herein, and no addition
or modification of any terms or provisions shall be effective unless set forth in writing,
signed by both Owner and LA-RICS AUTHORITY.
HOAJ094446.1 26
IN WITNESS WHEREOF, the LA-RICS AUTHORITY hag executed this
Agreement or caused it to be duly executed and Owner has caused this Agreement to
be executed on the day, month and year first above written.
THE LOS ANGELES REGIONAL CITY OF BALDWIN PARK
INTEROPERABLE COMMUNICATIONS
SYSTEM AUTHORITY
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HOA.1094446.1 27
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Facilitv Name
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• Equipment Pad
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• TW1R Microwave Cabinet (at sites with microwave)
• BBS Microwave Battery Cabinet (at sites with more than 6 microwave radios)
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