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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. u, �ar ar, }ne,,i se s, a, regul t�.. ,?. i;o � mm�Z�a �, �..,,, d`3 ..✓ adi � 1 � P i-,. ��� _.Ir ?� e: t, -. '� t� r. "na °.._v" . .!,,,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. 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NEER raga g x xy 0 Q I ID o P gxY 7�' sock I � a,� e3 � a,,, w 's� ��.. s� :,a w`+ w;S � +.� '� � at � c.� zas a.°� sn ,� =..� °�� � .:.. � '� 1�1 11z; �X, -X� "ZI + 'e � kDi S.eff S33', X+� s-r €� �k 4',# � $+,44.,b' p 1'� ,""o Aae fiJa ux PEA tes ar* a� #+� an Pte' S7s � Va e,N t (,}." 1w t IF SO 1 v 5 Rim. agp tl r. 4q 4 bx w-i a54 bt I Em 1; Ohio; d Bill tl r. 4q 4 bx w-i a54 bt I Em Mpyff 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 • I Imp 11111 11111111111 111 111111111111111 111111111111111 M -` 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. w7r.,mr-I ltgw-grg 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 A M044— ­­ --A— by 1 qpp^nrlprl kxi Doe-kchnn -mnrq ncarriarj %Alifhrm if nhipr-finn fr) /_X Llull WC10 111CxUQ LJY L-Vt-callu ® 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. jjj� 2-mr-M-9 g�� Mff�� 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 !111111:11111!111111111!11 P111 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 lmssj���� 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 9 CL uj ad LL ANN- Al O O 2E tC w. m I a. a. CV ri I E 79 E E 0 00 , , 0 C> co C9 N ,CV g e 2 �! 10 N cc EL 0 --Q 0 u C, 66- F- N o') (o Cq Lo to W io 6e to � CD 'Zi Cli 't Q0 69, 641 Cq uj 0 U.. >N LLI t/J C1 0 00 , , 0 C> co C9 N ,CV g e �! 10 �N co C6,rr 0 C, 66- F- N o') (o Cq Lo to W io 6e to � CD 'Zi Cli 't Q0 69, 641 Cq to t-� 0 C) 0 C? LO 0 60 co: LO a �? N UOI r, 69 61�1 lz� m P�. m LO to op, tp�l 0 C> a CD CD a m m cl co o co CD tl- 0 Cli In t� >, Ln Lo c 604 o c CL, 06 G� ,,7 CD C6 fA4 04 te, C4 64 m st W: cn r- ro C, 8 m m co , tF* t9l 1-91 m 60 C6 0 o cn, CD &!o 0) a m r"> Q C) Cl) LD 0 N o 0� P--h- CN o Cq 61> 1�0 4 0 0 C> 0 0 CD LO V) to CD V) LO LO V) 0) C6 NF C6 C"i 691 - ;; V) (t3 Fi7h 6 > lil W4. CD C) to C604 16 o co 98 (10 M 0)) N cq IR Cy 8 �e 0), w CDO PO 6F pl, cU CO m (D Lo cli '1�1 L4 1 09, 10-- 8, CL 0 x r UJ C (D n 0 0 > M 0 4) roar 0 -0 (D .5 X� 1 CD 8 !2 0 c zz� 2 as 0 eg 2 :3 E c 0 LM 16 r " w cc CL z 24 w c 0. W o M"o 0 0 -0 'o w 0 (n w a� =) < 8 m o B a) of a� - < g U) 0 U- EL U> 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 UTHE 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 MI- 0 IN M, Wme HOA.1094446.1 27 M Site ID Facilitv Name Organization Address Line Citv Zin Cod,- Parrt-.1 nminpr City of Baldwin Park Baldwin 14403 E Baldwin BPPDOOI 91706 City of Baldwin Park PD Park Police Pacific Ave Park Dept UVINZ • Monopole Tower • Tower Light Kits (where required b«FAA) • Antenna Support Hardware • LTE Antennas and line • Microwave Dishes • Generator& Fuel • Automatic Transfer Switch • Electrical ]Frame • Equipment Pad • RBS Radio Cabinet (at all LTE sites) • BBS Radio Battery Cabinet (at all LTEsites) • TW1R Microwave Cabinet (at sites with microwave) • BBS Microwave Battery Cabinet (at sites with more than 6 microwave radios) • K8PLS Site Router (at all [TEsites) • Fiber Network Interface Device (at Fiber Sites) tE � os zs Od AJVd NIMGIVO WoOddo 0 - XS —poj--o jq-d-j l j—j&d,ap9W,.j < C.-R) oyinssm (Rd) u ASOIONH031 NOIIVWLIOJNI ma N auM VJ 5.90 . .. . ............ ... 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