HomeMy WebLinkAbout2015 09 02NOTICE ANID CALL
OF A
SPECIAL TI G
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, SEPTEMBER 2, 2015 at 5:30 PM. at City Hall — 3rd Floor Conference Room
307, 14403 East Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: August 27, 2015
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said
notice as required by law on August 27, 2015.
m�.
Alejandra Avila
City Clerk
rACIALI'l-py,
CITY COUNCIL
SPECIAL MEETING Please note
time and
meeting
SEPTEMBER2,2015 location
5:30 PM
CITY HALL — 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
BALDW 1 N
P , A- R- K
Manuel Lozano
Cruz Baca
Monica Garcia
Ricardo Pacheco
Susan Rubio
- Mayor
- Mayor Pro Tem
- Councilmember
- Councilmember
- Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y DEEPE`RS 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
CCilG MUNICA VOLAS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish-speaking
interpreter is availablefo_ r yoit(convenience.mm..
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 est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podr6 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 int ipretq para su conveniencia. m mm ____
CITY COUNCIL
SPECIAL MEETING — 5:30 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tem Cruz Baca
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sere el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff' may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
(Government Code §54954.21
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tornar asci n en a1g6n asunto a menos que sea incluidd en la agenda, o 4) menos que existo algrrna
emergencia o circunstanci"a especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaracienes o prguntas hechas por personas; o 2) Dirlgir personal a investigar y/o fifer asuntos para tonaar on
consideracier) en juntas proximas. [Codigo de Gobierno §54954.2]
1. DOWNTOWN PUBLIC ARTS COMMISSION
Presentation by staff pertaining to a Downtown Public Arts Commission.
2. OPEN STORAGE OF VEHICLES IN THE INDUSTRIAL COMMERCIAL (IC) ZONE
Presentation regarding property located at 12819 Garvey Avenue to consider allowing
the open storage of vehicles in the Industrial Commercial (IC) zoning district.
3. CUSTOMER SERVICE SURVEY RESULTS
Presentation by staff pertaining to the results of the Customer Service Survey.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8:
Property: APN #8550-002-033 APN #8460-005-026
APN #8556-021-042 APN #8460-006-036
APN #8556-018-046 APN #8558-002-025
APN #8556-022-905
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Mark Kudler, Bulletin Displays, Inc.
Under Negotiation: Price and terms of payment
Pursuant to Government Code 54956.8:
Property: APN #8437-013-905
Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
Negotiating Parties: Robert Monzon, Montebello Housing
Under Negotiation: Price and terms of payment
5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:.
Cook v. City of Baldwin Park, Case No. 2:15-cv-04163-DMG-JPR
6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 54956.9:
Potential Case(s): One (1)
7. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to paragraph (b) of Government Code Section 54957:
Title: Finance Director
tM
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin boated not less than 24 hours prior to the meeting on August 27, 2015.
Xlej n&a Avila
City Clerk
PLEASE MOTE',, Copies of staff reports and supporting documentation pertaining to each item on this agenda are avallable for public
viewing and inspection at City Hall, "' Floor Lobby Area or at the Los Angeles Counly Public Library in the City of Baldwin Park For
further information regarding agenda items„ please contact the office of the City Clerk at (626) 960.401 l ext 466 or e-mail
rus e1IC Idwr'np? rel os rrr,
In compliance with the Americans with Disabilities ,pct, it you need special assistance to participate in this meeting, please contact the
Public Works Department or Disk Management at (626) 960-4011. Notification 46 hours prior to the meeting will enable slaff to make
reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34. 102'"ltt4 ADA TITLE IQ
BALDWIN PARKCI Y COUNCIL
REGULAR I G
SEPTEMBER 2, 2015
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011
BALDWIN
P- A- R- K
Manuel Lozano
Cruz Baca
Monica Garcia
Ricardo Pacheco
Susan Rubio
- Mayor
- Mayor Pro Tem
- Council Member
- Council Member
- 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 persona 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 est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de didgirse al Concilio o alguna de
sus Agencias, podr6 hacerlo durante el perlodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por fres (3) minutos. Hay un int6rprete para su
conveniencia.
Any oOtfeo r.Aanl"alk; ro,, ,,,)rd relaa0og to an item for an open session of a regular rneetin g of the City Council
that to th(,-,, a. tty tinounncil less than 72 hours prior to that rneptirnp will be avaiiablra 1cr pa.rb is inspection
at City Hall in the Clea Clerk's office aat 144 3 E. Pacifir: Avenue, 3rd Floor di.rfinng normal business horns (Monday
- Thursday, 7:30 a. rm - 61,00 ,a. m y
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
,ROLL CALL
Council Members: Monica Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tem Cruz Baca
and Mayor Manuel Lozano
PROCLAMATIONS COMMENDATIONS &PRESENTATIONS
• Oath and Affirmation of City Commissioners appointed or re -appointed to the Planning
Commission and Personnel Commission, respectively, at the City Council Meeting of July 15,
2015.
Presentation of Certificate of Recognition to Ricky Marin, to honor his accomplishments in Judo
and in representing the Mojica Judo Club.
• Presentation of America's Job Center opening at the Baldwin Park Adult and Community
Education Center
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome acci6n en alg n asunto a mentis que sea incluklo en la agenda, o a menos que e ista alg6na
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevernente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar. yfo frjar asuntos para tomar an
consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
City Council Agenda
Page 2
CONSENT CALENDAR
All items listed aro 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 Councilmernber so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
2. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Housing Authority, Finance Authority, Special and
Regular City Council Meetings held on July 15, 2015.
B. Meeting Minutes of the Special and Regular City Council Meetings held on
August 5, 2015.
3. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER
READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1374,
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL
CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR
COTTAGE FOOD OPERATIONS."
Staff recommends that Council conduct a second reading, by title only, and waive
further reading, and following such reading, adopt Ordinance No. 1374, entitled "An
Ordinance of the City Council of the City of Baldwin Park, California, Amending
Baldwin Park Municipal Code Chapter 153.220 and 153.120 to Establish
Regulations for Cottage Food Operations."
4. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK TO SET FORTH AN EXPEDITED, STREAMLINED PERMITTING
PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5
Staff recommends that Council introduce for a first reading, by title only and waiving
further reading, of Ordinance No. 1380, entitled "An Ordinance of The City Council of
The City of Baldwin Park Adding Chapter 156, to Article XVI Relating to Expedited
and Streamlined Permitting Procedures for Small Residential Solar Energy
Systems."
5. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER
READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1376
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUIRING
SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER APPROVAL BY A
SUPER MAJORITY BEFORE CONTRACTING OUT GENERAL POLICE
SERVICES
Staff recommends that Council conduct a second reading, by title only, and waive
further reading, and following such reading, adopt Ordinance No. 1376, entitled "An
Ordinance of the City Council of the City of Baldwin Park Requiring Specific Findings
by the City Council and Voter Approval by a Super Majority Before Contracting Out
General Police Services."
City Council Agenda
Page 3
6. APPROVE AMENDMENTS TO GENERAL ON-CALL PROFESSIONAL SERVICES
AGREEMENTS
Staff recommends that Council approve and authorize the amendments to three
General On -Call Professional Services Agreements.
7. CONSIDERATION OF ADOPTION OF AN INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL FOR THE CITY OF BALDWIN PARK ESTABLISHING A
MORATORIUM ON NEW OR THE EXPANSION OF EXISTING MESSAGE
ESTABLISHMENTS (URGENCY ORDINANCE)
Staff recommends that Council waive the full reading and adopt by title only the
Ordinance No. 1378, entitled "An Interim Urgency Ordinance of the City of Baldwin
Park, Declaring a Moratorium on the Establishment of New and Expansion of
Existing Massage Establishments within the City of Baldwin Park, and Declaring the
Urgency Thereof."
8. APPROVE AND ADOPT RESOLUTION NO. 2015-092, ESTABLISHING A
PREFERENTIAL PARKING ZONE IN THE 13500 BLOCK OF CORAK STREET
Staff recommends that Council approve and adopt Resolution No. 2015-092, entitled
"A Resolution of the City Council of the City of Baldwin Park, Establishing a
Preferential Parking Zone on the 13500 Block of Corak Street."
9. APPROVE THE CONSULTING SERVICES AGREEMENT WITH PSOMAS, INC.,
FOR THE DESIGN OF THE SAN GABRIEL RIVER COMMUTER BIKEWAY
Staff recommends that Council approved the agreement with Psomas, Inc., to
provide for the design of the San Gabriel River Commuter Bikeway, and authorize
the Mayor to execute the agreement.
10. APPROVE THE SUBSCRIPTION AGREEMENT WITH TELETRAC, INC., FOR
GPS TRACKING SERVICE OF NON -POLICE VEHICLES
Staff recommends that Council approved the subscription agreement with Teletrac,
Inc., for provide GPS tracking of non -police City vehicles and authorize the Director
of Public Works to execute the necessary documents on behalf of the City.
11. APPROVE AN AGREEMENT WITH CHRISTIANSEN AMUSEMENTS FOR
CARNIVAL SERVICES
Staff recommends that Council approve the Agreement with Christiansen
Amusements to provide carnival services and authorize the Mayor to execute the
Agreement.
12. DIRECTION AND APPROVAL OF THE 60TH ANNIVERSARY LOGO AND
MARKETING CAMPAIGN
Staff recommends that Council select and approve a logo for the 60th Anniversary
and direct staff to proceed with the 60th Anniversary marketing campaign.
City Council Agenda
Page 4
13. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF
APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF
RECREATION AND COMMUNITY SERVICES COMMISSION, OR OTHER
COMMISSIONS AS APPROPRIATE
Staff recommends that Council review the submitted Commission application(s),
accept nomination(s), authorize staff to initiate the appropriate background checks
through the Department of Justice (DOJ) and, contingent upon satisfactory
clearance by the DOJ, appoint the selected individual(s) to the Parks and
Community Services Commission and adopt Resolution No. 2015-087, entitled, "A
Resolution of the City Council of the City of Baldwin Park Appointing an Individual to
the Recreation and Community Services Commission of the City of Baldwin Park, to
Office Number 2"
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
UNCHWw"M
CERTIFICATION
1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, Linder penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 72 hours prior to the meeting. Dated this 271h day of August,
2015.
Al j cera Avila
City Clerk
PLEAS 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, 2r"d Floor Lobby Area or at the Las 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) 060-4011
ext. 466 or via e-mail at Krus N Qa alrBWi%park. rro[R.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Wbrks Department or Risk Management at (626) 060-4011. Notification 43 hours prior to the meeting will
enable staff to make reasonable arrangements to ensure accessibility to this meeting,. (26 CFR 34,102.104 ADA TITLE il)
City Council Agenda Page 5
ITEM NO.
STAFF REPORT
,;r ggg
J 1r%av
W111,
EEN=
TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Accounting Manager
DATE: September 02, 2015
SUBJECT: WARRANTS AND DEMANDS.
SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.
FISCAL IMPACT
The payroll for the last period was $409,719.37 and the attached General Warrants Register were $598,697.37
for a total amount of $1,008,416.74.
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee hoes 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:
The payroll of the City of Baldwin Park consisting of check numbers 197304 to 197332. Additionally,
Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from
control number 243265 to 243547 for the period of July 19, 2015 through August 01, 2015, inclusive;
these are presented and hereby ratified in the amount of $409,719.37.
2. General Warrants, including check numbers 206161 to 206366, in the total amount of $598,697.37
constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City
Council as required by law, and the same hereby ratified.
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ITEM NO
MINUTES ._...
BALDWIN PARK HOUSING AUTHORITY
JULY 15, 2015, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 8:58 p.m.
ROLL CALL
city c2 ji resent:
Council Member Ricardo Pacheco
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Cruz Baca
Mayor Manuel Lozano
Mayor Lozano opened Public Communications at 8:58 p.m. and seeing no one wishing
to spear, Public Communications closed at 8:59 p.m.
1. .APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR
FISCAL YEAR 2015/2016
Staff recommends that Council receive and file the Statement of Investment
Policy for Fiscal Year 2015/2016.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
receive and file the Statement of Investment Policy for Fiscal Year
2015/2016.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015
Staff recommends that Council receive and file the Treasurer's Reports for
April 2015 and May 2015.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
receive and file the Treasurer's Reports for April 2015 and May 2015.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE
CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING
AUTHORITY AND SUCCESSOR AGENCY
That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget
for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-
003 and SA 2015-005, respectively, for the City, Housing Authority, Finance
Authority and the Successor Agency.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
approve the Fiscal Year 2015-2016 Budget for the City, by approving
Resolution Nos. 2015-078„ HA 2015-005, FA 2015-003 and SA 2015-005,
respectively, for the City, Housing Authority, Finance Authority and the
Successor Agency.
AYES:
Lozano, Baca,
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Garcia, Rubio, Pacheco
ADJO!LRNM'ENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:00 p.m.
Mayor
ATTEST:
City Clerk
APPROVED:
MINUTES
BALDWIN PARK FINANCE AUTHORITY
JULY 15, 2015, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL. TO ORDER
The meeting was called to order by Mayor Lozano at 8:57 p.m.
C�itV Council�reser�t:
Council Member Ricardo Pacheco
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Cruz Baca
Mayor Manuel Lozano
Mayor Lozano opened Public Communications at 8:57 p.m. and seeing no one wishing
to speak, Public Communications closed at 8:57 p.m.
1. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR
FISCAL YEAR 2015/2016
Staff recommends that Council receive and file the Statement of Investment
Policy for Fiscal Year 2015/2016.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
receive and file the Statement of Investment Policy for Fiscal Year
2015/2016.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015
Staff recommends that Council receive and file the Treasurer's Reports for
April 2015 and May 2015.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
receive and file the Treasurer's Reports for April 2015 and May 2015.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE
CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING
AUTHORITY AND SUCCESSOR AGENCY
That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget
for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-
003 and SA 2015-005, respectively, for the City, Housing Authority, Finance
Authority and the Successor Agency.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0)
to approve the Fiscal Year 2.015-2016 Budget for the City„ by approving
Resolution Nos. 2015-078, HA 2015-005, FA 2015-003 and SA 2015-005,
respectively, for the City, Housing Authority, Finance Authority and the
Successor Agency.
AYES:
NOES:
ABSENT:
ABSTAIN
Lozano, Baca, Garcia, Rubio, Pacheco
None.
None.
None.
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 8:58 p.m.
Mayor
ATTEST:
City Clerk
APPROVED:
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
JULY 15, 2015, 5:30 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 5:40 p.m. by Mayor Lozano.
ROLL CALL
_PRESEN-P.
Councilmember Ricardo Pacheco
Councilmember Monica Garcia
Councilmember Susan Rubio
Mayor Pro Tern Cruz Baca
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 5:40 p.m.
4uan Rios, Baldwin Park resident, commented on the ROEM project, suggested that any further
projects be put to vote before the people of the community-, opined that ROEM is not providing
any revenue to the City and that residents in his neighborhood are not supportive of'the project.
Ken foods, Baldwin Park resident, opined: that the Community has no say-so in whether or not
projects are approved; noted that parking is still a problem and that additional construction by
ROEM would create a strain on the police department, fire department, sanitation district and
the like; stated that the tax paying citizens will have to make up for the additional costs, pointing
out that those who move into the new residents' created by the ROEM project will not be subject
to property taxes and, therefore, will not have to contribute to the additional cost of services.
68 Luna, Baldwin Park resident, stated that the City is giving land away and not collecting any
revenue from taxes or other funding sources; pointed out that citizens have been left with the
impression that the City is fragile in its financial stability, yet developers are allowed to build
without paying taxes.
Thomas Ker(i, former Baldwin Park resident, commented on the how ROEM acquired the land
on which the Phase I project is being build; asked what would happen in ROEM were to go
bankrupt and unable to fulfill its financial obligation; pointed to various projects around the
community that have not been successful; opined that ROEM should not be provided any
incentives; suggested that the political aspect is not worth the risk.
Greq Tuttle, Baldwin Park business owner, noted that he brought documents from the original
proposal of the ROEM Phase I project; stated that ROEM has failed to address, parking issues
and has not fulfilled other promises made; noted that ROEM did not calculate project costs to
include prevailing wage cost estimates, pointed to the deferred developmentfee and City "soft
loan"; opined that the offsets were harmful to the City's financial health.
Seeing no one wishing to speak, Public Communications closed at 5:58 p.m.
Page 1 of 3
1. ROEM PHASE 11
Presentation by Dereck Allen in consideration of Phase 11 of the ROEM project and an
exclusive negotiation contract relating to Phase 11 of the project.
Dereck Allen, representative for ROEM, narrated a PowerPoint presentation, featuring the
completion of the Phase I project and proposed Phase 11 project; responded to questions
from Council.
Following the presentation, COUncilmember Pacheco made inquiries regarding the
parking situation and the distance between the parking lot and the residents' access;
Mayor Pro Tern Baca requested that a copy of the PowerPoint presentation be
forwarded to Council for review; Mr. Allen clarified that the land on which Phase I is
being build was not given to ROEM and noted that only a small sliver of property for
Phase 11 will be acquired from the City.
2. PRESENTATION FOR CONSIDERATION OF RE -ZONING
Presentation regarding property located at 12819 Garvey Avenue and consideration of re-
zoning to permit an auto towing service establishment at the location.
Mark Asan, owner of Hadley Tow, spoke before Council regarding property owned at the
referenced location and sought a lift of the moratorium so that he could utilize the
property in association with his vehicle towing business.
Due to time constraints, Council directed staff to bring this matter back at the Special
Meeting – Study Session to be held on August 5, 2015.
Council recessed to Closed Session at 6:20 p.m.
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6:
Shannon Yauchzee; Jimmy Gutierrez
EMp!gyqe_O General Unit of Maintenance Employees, SEIU Local 72
Police Officer Association; Professional and Technical Employees Association; Clerical
Employees Association; Police Management Employees Association; Classified
Confidential Employees Association; Classified Management Employees Association
INnre resented Er Igyec s: City Planner; Housing Authority Manager; Community
Nevelopment. Director; Human Resource Manager; Police Chief; Finance Director;
Public' orks Director; Recreation and Community Services Director
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919
Case Name: Paul Cook v. City of Baldwin Park, Case Number: 2.15 -CV -4163
Case Name: Granados v. City of Baldwin Park, Case Number: BC519406
Page 2 of 3
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957)
City Housing Manager
City Planner
4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 64966.9:
Potential Case(s): Two (2)
There being no further business, motion was made by Lozano, seconded by Pacheco, to
adjourn the meeting at 9:17 p.m.
REPORT ON CLO SED SESSION
Mayor Lozano stated that no reportable action was taken on items discussed during Closed
Session.
Mayor
ATTEST;
City Clerk
APPROVED:
Page 3 of 3
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
JULY 15, 2015, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agooda order, Various announcements or discussions may have
occurred before or after the title under which they are presented.
CAL TO ORDER
L �
The meeting was called to order by Mayor Lozano at 7:10 P.m
.INVOCATION,
The invocation was provided by Councilmember Pacheco.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Monica Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tern Cruz Baca
Mayor Manuel Lozano
REPORT ON
CLOSED SESSION
Mayor Lozano Tate that no reportable
action was taken on items discussed and that Council would
be reconvening to Closed Session after the regular meeting.
ANNOUNCEMENTS
Mayor Lozano announced, as required by Government Code section 54954.3, that 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 rneeting and $50 for
attending the Finance Authority meeting.
Mayor Pro Tern Baca asked that the meeting be closed in rnernory of Kenneth Wall, father of Dan
Wall, and Jorge HUerta who had on accidental death on Main Street.
Council member Rubio invited residents to attend tomorrow evening's Concerts in the Park.
Mayor Lozano made a motion, seconded by Councilmember Pacheco, and carried (5-0) to excused
City Treasurer Maria Contreras, whose mother is hospitalized, and City Clerk Alejandra Avila from
the meeting.
PROCLAMATIONS, COMMENDATIONS &PRESENTATIONS
• Mayor Lozano and members of City Council presented plaques of recognition to Fire Fighter
Richard Wells, Fire Station #29, and Police Detective Adams, Baldwin Park Police
Department, for their public service and commitment to the City of Baldwin Park; both men
were also recognized as honorees of the Public Safety award presented by Congresswoman
Grace Napolitano.
Council member Rubio presented Lonnie Woods with a plaque in recognition of his 47 years
of service with the Los Angeles County Department of Children and Family Services, and
wished him continued success in his retirement.
Irene Mudo, Community Benefits Manager for Kaiser Permanente, presented Mayor Lozano
and members of City Council with a check for Grant Funds in support of the City of Baldwin
Park Community Relief Program/Helping Hand Project, the PRIDE Platoon and the K-9 Unit.
Community Media of the Foothills presented a video production of the recent Groundbreaking
Ceremony for the ROEM Project, a construction project occurring next to the City Hall.
PUBLIC Ct Ml UDNICATIO' S
Morar Lozano opened Public Communications at 7:36 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Lisa Gonzalez, an intern with Waste Management, Inc., gave a mid -year update on waste
statistics projects and community relation efforts; she also commended Leonard Leonis for
receiving the `Truck Driver of the Year' award.
Thomas Kerri, a resident of Riverside, recognizing the passing of Music Composer, James
Horner, who was in a fatal airplane accident on June 22"d
Unidentified s ewer, Baldwin Park resident, voiced her concern regarding three blighted
properties located at: 3930 Merced Avenue, 4699 block of Maine Avenue (across from adult
school) and 3799 block of Puente Avenue (across from 7 -Eleven); requested that the City
identify the owners and possibly do something to mitigate the blight.
Mr Sandoval, Baldwin Park resident, reported an excessive parking nuisance on his street;
noting that, on trash pickup days„ his trash receptacles are not being emptied because vehicles
block the drivers' ability to retrieve the trash bins; asked that something be done to resolve the
issue.
Art Luna, Baldwin Park resident, spoke out against the ROEM project, opining that it may be
viewed as a misuse of public funds; asked that City Council take a proactive approach to bring
the backdated minutes current.
Vida Beltran, Field Representative for Assemblyman Roger Hernandez, announced several
community events and encouraged residents to attend.
Juan Rios, Baldwin Park resident, expressed concern about the maintenance of community
parks;. noted that the grass is torn up and going brown; suggested that the parks be reseeded
and that sports activities that tear up the grass be more closely monitored.
Ken Woods, Baldwin Park resident, thanked the Mayor and City Council for recognizing
Memorial Day this year.
Greq Tuttle, Baldwin Park business owner, expressed his concern about the use of City financial
resources, opining that. City funds are being wasted; demanded an apology and requested that
Council members refrain from the use of derogatory references and name calling of the speakers
and/or attendees at the meetings.
Page 2 of 17
Margarita Yom, Baldwin Park resident, asked whether the street light installation at Ohio
Street will be completed before the commencement of school; expressed concern that an
intersection at Merced Avenue is unsafe for pedestrian children,.
Seeing no others wishing to speak, Public Communications closed at 8:02 p.m.
mayor Pro Terry Cruz directed Chief Michael Taylor to draft and publish a notice to drivers to show
more caution when driving in the community.
Mayor Lozano„ directed Code Enforcement staff to speak with Mr. Sandoval to determine whether it
would be practical to implement restricted parking and issue permits for parking in his neighborhood;
reminded Mr. Rios and the community that the State of California is experiencing a drought and that
water restrictions being imposed by the State are going to have an impact on the local community
parks; provided clarification that the City is not permitted to levy a tax on residents unless it is by
ballot as per Proposition 218.
Councilmember Garcia recommended that Mr. Sandoval speak with Public Works Director Dan Wall
to address the street light repair.
mayor Pro Tem Baca recommended that, rather than issuing parking permits, installing signage that
restricts parking on certain days and allowing trash trucks access to garbage cans left along the
street for pickup.
Councilmember Pacheco inquired with
Items held for further discussion by Council included Item Nos. 5, 7, 11, 12, 13 and 15.
WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the
Warrants and Demands Register.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. TREASURER'S REPORT — APRIL 2015 and MAY 2015
Staff recommends that Council receive and file the Treasurer's Report for the months of April
and May 2015.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive
and file the Treasurer's Report for April 2015 and May 2015.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 3 of 17
3.
APPROVAL OF MEETING MINUTES
Receive and file:
Meeting Minutes of Staff recommends that Council receive and file the following Meeting
Minutes:
A. Meeting Minutes of the Special and Regular City Council Meetings held on
May 2, 2012.
B. Meeting Minutes of the Special and Regular City Council Meetings held on
February 20, 2013.
C. Meeting Minutes of the Special and Regular City Council Meetings held on
March 6, 2013.
D. Meeting Minutes of the Special and Regular City Council Meetings held on
March 20, 2013.
E. Meeting Minutes of the Finance Authority, Special and Regular City
Council Meetings held on April 3, 2013.
F. Meeting Minutes of the Special and Regular City Council Meetings held on
April 17, 2013.
G. Meeting Minutes of the Special and Regular City Council Meetings held on
May 1, 2013.
H. Meeting Minutes of the Special and Regular City Council Meetings held on
May 15, 2013.
I. Meeting Minutes of the Regular Meeting of the City Council held on June
5, 2013.
J. Meeting Minutes of the Special and Regular Meetings of the City Council
held on June 19, 2013.
K. Meeting Minutes of the Special Meeting of the City Council held on
September 25, 2013.
L. Meeting Minutes of the Special Meeting of the City Council held on
December 16, 2013
M. Meeting Minutes of the Special and Regular Meetings of the City Council
held on June 3, 2015
N. Meeting Minutes of the Special Meeting of the City Council held on June
10, 2015.
O. Meeting Minutes of the Special Meeting of the City Council held on June
23, 2015.
P. Meeting Minutes of the Special Meetings of the Finance Authority, Housing
Authority and City Council held on July 1, 2015.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive
and file the minutes.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 4 of 17
4. REJECTION OF CLAIMS
Staff recommends that Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimants:
Vasquez, Javier Claimant alleges non-functioning street lights when he
was struck by cam
Lozadu, Juan Claimant alleges tree branch damaged car windshield
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to
reject the claims of Javier Vasquez and Juan Lozadu and direct staff to send
the appropriate notice of rejection to claimants.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
5. APPROVE THE BARNES PARK AND WALNUT CREEK NATURE PARK YOUTH
EMPLOYMENT PLAN
Staff recommends that Council approve the Youth Employment Plan to meet
requirements of the Los Angeles County Regional Park and Open apace District policy
on employment of at -risk youth.
A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to approve the
Youth Employment Plan to meet requirements of the Los Angeles County Regional Park
and Open Space District policy on employment of at -risk youth.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
6, NOTICE OF COMPLETION — CITYWIDE SIDEWALK IMPROVEMENTS PROJECT
Staff recommends that Council:
1) Accept the construction improvements by Moreno Engineering, Inc., and authorize
the recordation of a Notice of Completion; and
2) Authorize the payment of $21,263.34 in retention funds to Moreno Engineering,
Inc., upon expiration of the 35 -day notice period.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to:: 1)
Accept the construction improvements by Moreno Engineering, Inc., and
authorize the recordation of a Notice of Completion; and 2) Authorize the
payment of $21,263.34 in retention funds to Moreno Engineering, Inc., upon
expiration of the 35 -day notice period.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 5 of 17
7. NOTICE OF COMPLETION — CITYWIDE STEET SIGN REPLACEMENT PROJECT
Staff recommends that Council:
1) Accept the construction improvements by Aegis ITS, Inc., and authorize the
recordation of a Notice of Completion; and
2) Authorize the payment of $6,922.87 in retention funds to Aegis ITS, Inc., upon
expiration of the 35 -day notice period.
A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to accept the
construction improvements by Aegis ITS, Inc., and authorize the recordation of a
Notice of Completion; and authorize the payment of $6,922.87 in retention funds to
Aegis ITS, Inc., upon expiration of the 35 -day notice period.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
8. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER
READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE 1375,
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL
REGULATIONS„ OF THE BALDWIN PARK MUNICIPAL CODE."
Staff recommends that Council conduct a second reading, by title only and waive further
reading, and following such reading, adopt Ordinance 1375, entitled "AN ORDINANCE
OF THE. CITY COUNCIL OF THE CITY' OF BALDWIN PARK AMENDING SECTION
91.40 OF CHAPTER. 91, TITLE I, GENERAL REGULATIONS, OF THE BALDWIN
PARK MUNICIPAL CODE" regarding False Alarms.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to conduct a
second reading, by title only and waive further reading, and following such reading,
adopt Ordinance 1375, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX,
GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE" regarding
False Alarms.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
9. CONSIDERATION AND AUTHORIZATION TO SUBMIT THE DRAFT ENHANCED
WATERSHED MANAGEMENT PROGRAM FOR THE UPPER SAN GABRIEL RIVER
WATERSHED MANAGEMENT GROUP TO THE LOS ANGELES REGIONAL WATER
QUALITY CONTROL BOARD
Staff recommends that Council authorize the Chief Executive Officer to sign a Letter of
Authorization allowing the County of Los Angeles to submit the Draft Enhanced
Watershed Management Program to the Los Angeles Regional Water Quality Control
Board on the City's behalf.
A motion was made by Lozano, seconded by Garcia„ and carried (5 — 0) to authorize
the Chief Executive Officer to sign a Letter of Authorization allowing the County of Los
Page 6 of 17
Angeles to submit the Draft Enhanced Watershed Management Program to the Los
Angeles Regional Water Quality Control Board on the City's behalf.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
10. APPROVE A RESOLUTION TO VACATE A PORTION OF TRACT 71822
Staff recommends that Council approve and adopt Resolution No. 2015-080, entitled "A
RESOLUTION OF THE CITY COUNCIL FO THE CITY OF BALDWIN PARK,
ORDERING THE VACATION OFA PORTION OF CLAMVIEW AVENUE IN THE CITY
OF BALDWIN PARK."
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve
and adopt Resolution No. 201.5-080, entitled "A RESOLUTION OF THE CITY
COUNCIL FO THE CITY OF BALDWIN PARK, ORDERING THE VACATION OF A
PORTION OF CLAMVIEW AVENUE IN THE CITY OF BALDWIN PARK."
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
11. APPROVE A PROPOSAL FOR COLLECTIONS SERVICES
Staff recommends that Council approve the proposal submitted by Credit Bureau
Associates and direct the City Attorney to prepare the appropriate contract incorporating
the proposal, and authorize the Mayor to sign all necessary documents.
Mayor Lozano noted that he had additional questions pertaining to this matter and
would like this item brought back at a future meeting.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to have this
item removed from the agenda and brought back for Council consideration at a future
meeting.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
12. AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE BALDWIN
PARK UNIFIED SCHOOL DISTRICT FOR PUBLISHING IN THE BALDWIN PARK
NOW
Staff recommends that Council approve the agreement between the City of Baldwin Park
and the Baldwin Park Unified School District to provide for publication of bilingual articles
and notices in the Baldwin Park NOW.
Councilmember Garcia expressed concern that the joinder of the Baldwin Park
Unified School District in the publication of the Baldwin Park NOW may confuse some
as to the jurisdictions and separation between City events versus School District
events.
Page 7 of 17
A motion was made by Garcia, seconded by Baca, and carried (5 — 0) to approve the
agreement between the City, of Baldwin Park and the Baldwin Park Unified School
District to provide for publication of bi-lingual articles and notices in the Baldwin Park
NOW.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
13. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF
BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR
AGENCY
That the Mayor and City Council approve the Fiscal Year 2015-2015 Budget for the City,
by approving Resolution Nos. 2015-078, FIA 2015-005, FA 2015-008 and SA 2015-005,
respectively, for the City, Housing Authority, Finance Authority and the Successor
Agency.
Mayor Pro Tem Baca expressed appreciation to the members of the Audit Committee,
Interim Finance Director Terry Shea, Assistant Accounting Manager Rose Tam and
all of the participating departments for their work on the budget.
A rnotion was made by Baca, seconded by Lozano, and carried (5 •- 0) to approve the
Fiscal Year 20152015 Budget for the City, by approving Resolution Nos, 2015-078,
HA 2015-005, FA 2015-008 and SA 2015-005, respectively, for the City„ Housing
Authority, Finance Authority and the Successor Agency
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
14. APPROVE A MEMORANDUM OF UNDERSTANDING FOR ADMINISTRATION AND
COST SHARING OF THE COORDINATED INTEGRATED MONITORING PROGRAM
FOR THE UPPER SAN GABRIEL RIVER WATERSHED
Staff recommends that Council authorize the Chief Executive Officer to execute the
Memorandum of Understanding (MOU) with the County of Los Angeles for the
administration and cost sharing for the implementation of the Coordinated Integrated
Monitoring Program (COMP) for the Upper San Gabriel Valley Enhanced Watershed
Management Program (EWMP').
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to authorize
the Chief Executive Officer to execute the Memorandum of Understanding (MOU)
with the County of Los Angeles for the administration and cost sharing for the
implementation of the Coordinated Integrated Monitoring Program (COMP) for the
Upper San Gabriel Valley Enhanced Watershed Management Program (EWMP).
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 8 of 17
15. APPROVE AND ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK
POLICE MANAGEMENT EMPLOYEES ASSOCIATION, THE CITY OF BALDWIN
PARK AND THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE
EMPLOYEES AMENDING INTERNATIONAL THEON, SEIU EXECUTIVE LOCAL BENEFITS AD
OPT
RESOLUTIONS MATRIX AND
UNCLASSIFIED MANAGEMENT BENEFITS MATRIX
Staff recommends that Council approve and adopt Resolution Nos, 2015-057 and 2015
058, respectively„ thereby approving the Memorandurn of Understanding between, the
City of Baldwin Park and the Baldwin Park Police Management Employees Association,
and the City of Baldwin Park and the General Unit of Maintenance Employees, Service
Employees International Union, SEW Local 721; and Resolution Nos. 2015-081,
respectively, amending the Executive Benefits Matrix and the Unclassified Management
Benefits Matrix.
Mayor Pro Terme Baca expressed appreciation to management, staff and employees
for their patience during negotiations, and to all those who participated in the
negotiation efforts.
A motion was made by Mayor Pro Tem Baca to approve Item No. 15.
Councilmember Pacheco offered a second to the motion but then rescinded in order
to offer a modification to approval of the item.
Councilrnember Pacheco also expressed appreciation to all those involved in the
negotiations. Councilmember Pacheco also requested that the Executive and
Unclassified Managers Benefits Matrix be set aside from the remainder of the item in
order to have performance reviews tied to approval of the benefits matrix.
Discussion ensued and suggestions were offered to approve the item with the
contingency that the Executive and Unclassified Managers Benefits Matrix be brought
back at a later date in order to tie the benefits matrix to performance reviews.
Mayor Lozano restated the original motion of Mayor Pro Tem Baca to approve Item
No. 15, as presented. Mayor Pro Tem Baca then amended her motion to approve
this item with the contingency
' Executive Unclassified remofhe Benefits
be
Matrix be passed aft performance reviews, and the ander
passed.
A motion was made by Baca,+ and carried (5 — 1 "
and adopt Resolution Nos, 2015-057 and 1respectively, approving
the Memorandum of Understanding between the City of Baldwin
Baldwin Park Police Management Employees Association, of Baldwin
Park and the General Unit of Maintenance Employees,
ResolutionInternational Union, SElU Local'721m but not No. 2015-081,
Executive Benefits Matrix and the Unclassified Management Benefits Matrices.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 9of17
16. APPROVE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES, TO EXTEND THE PERIOD OF THE CONTRACT, TO PROVIDE
CROSSING GUARD SERVICES FOR FISCAL YEAR 2015/2016
Staff recommends that Council approve the Amendment to the Agreement with All City
Management Services (ALMS), extending the contract for the period of July 1, 2015,
through June 30, 2016, to provide crossing guard services at locations throughout the
city.
A motion was made by Lozano„ seconded by Garcia, and carried (5 — 0) to approve
the Amendment to the Agreement with All City Management Services (ACMS),
extending the contract for the period of July 1, 2.015„ through June 30, 2016, to
provide crossing guard services at locations throughout the city.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
17. APPROVE THE COMMUNITY DEVELOPMENT DEPARTMENT'S PARTNERSHIP
WITH TIME CALIFORNIA CENTER FOR PUBLIC HEALTH ADVOCACY (CCPHA) ON A
GRANT APPLICATION FROM THE AMERICAN PLANNING ASSOCIATION (APA) IN
COLLABORATION WITH THE AMERICAN PUBLIC HEALTH ASSOCIATION (APHA)
Staff" recommends that Council approve the City's partnership with the California Center
for Public Health Advocacy on a Grant Application for funding from the American
Planning Association with the American Public Health Association.
A motion was made by Lozano, seconded by Garcia„ and carried (5 — 0) to approve
the City's partnership with the California Center for Public Health Advocacy on a
Grant Application for funding from the American Planning Association with the
American Public Health Association.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
18. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR
2015/2016
Staff recommends that Council receive and file the Statement of Investment Policy for
Fiscal Year 2015/2016.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive
and file the Staternent of investment Policy for Fiscal Year 2015/2.016.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 10 of 17
19. CONTINUE THE PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2016-
076 ORDERING THE ASSESSMENT FOR THE CITYWIDE PARK MAINTENANCE
ASSESSMENT DISTRICT FOR FY 2015-2016
Staff recommends that Council conduct a Public Hearing and, after considering relevant
testimony, waive further reading and read by title only, and adopt Resolution No, 201,5-
076, entitled "A Resolution of the City Council of the City of Baldwin Park, California,
ordering the annual levy and collection of assessments associated with the Citywide Park
Maintenance Assessment District for FY 015-2016, and authorizing the Los Angeles
County Assessor to add this special assessment to the property tax bills."
Public Works Director Daniel Wall provided a summary of the purpose of the
Assessment, and offered to respond to questions from Council.
Mayor Lozano then opened the Public Hearing at 8:21 p.m. and invited those wishing to
speak in opposition to the item to come forward and be heard.
Seeing no one wishing to speak, Mayor Lozano invited those wishing to speak in favor of
the item to come forward and be heard.
Seeing no on wishing to speak, Mayor Lozano closed the Public Hearing at 8:21 p.m.
A motion was made by Lozano, seconded by Garcia, and carried (5 — *) to approve
and adopt Resolution No, 2015-076, entitled "A Resolution of the City COUncil of t
City of Bdwin Park, California, ordering the annual levy and collection 0
assessments associated with the Citywide Park Maintenance Assessment Districtf
FY2015-2016, and authorizing the Los Angeles County Assessor to add this speci
assessment to the property tax bills."
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
20. CONTINUE THE PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015-077
ORDERING THE ASSESSMENT FOR THE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT' FOR FY2015-2016
Staff recommends that Council conduct a Public Hearing and, after consideringrelevant
testimony, waive further reading and read by title only, and adopt Resolution No. 2015-
077 entitled "A Resolution of the City Council of the City of Baldwin Park, California,
ordering the annual levy and collection of assessments associated with the Citywide
Landscaping and Lighting Maintenance Assessment District for FY2015-2016, and
authorizing the Los Angeles County Assessor to add this special assessment to the
property tax bills."
Public Works Director Daniel Wall provided a summary of the purpose of the
Assessment, and offered to respond to questions from Council.
Mayor Lozano then opened the Public Hearing at 8:22 p.m. and invited those wishing to
speak in opposition to the item to come fomiard and be heard.
Page 11 of 17
Art Luna, Baldwin Park resident, spoke in opposition to tax assessments and opined that
the City should be objecting to the County's tax assessments.
Thornas Kerd, former Baldwin Park resident, stated that taxes continuously go up
incrementally each year.
Seeing no others wishing to speak in opposition, Mayor Lozano invited those wishing to
speak in favor of the item to come forward and be heard.
Seeing no on wishing to speak, Mayor Lozano closed the Public Hearing at 8:29 p.m.
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve
and adopt Resolution No. 2015-077 entitled "A Resolution of the City Council of the
City of Baldwin Park, California, ordering the annual levy and collection of
assessments associated with the Citywide Landscaping and Lighting Maintenance
Assessment District for FY2015-2016, and authorizing the Los Angeles County
Assessor to add this special assessment to the property tax bills."
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
21. CONTINUE THE PUBLIC HEARING TO CONSIDER A REQUEST FOR
CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL
CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN
ACCORDANCE WITH STATE LAW. (LOCATION: ALL RESIDENTIAL ZONES;
APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-176)
Staff recommends that Council conduct a Public Hearing to consider a request of a
Proposed Amendment to the City's Municipal Code Adding Language Relating to Cottage
Food Operations in Accordance with State Law (Location: All Residential Zones;
Applicant: City of Baldwin Park; Case Number: AZC-176), and following the hearing,
introduce and read, by title only, Ordinance No. 1374, entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMENDING BALDWIN PARK
MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS
FOR COTTGE FOOD OPERATIONS."
Councilmember Garcia noted she has questions and would like additional information
presented through a Study Session at a future date.
A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to have this
item removed from the agenda and brought back before Council at a Study Session
on a future meeting.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 12 of 17
• guo
22. APPOINTMENT OF VOTING DELEGATES FOR 2015 LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE — ANNUAL BUSINESS MEETING
Staff recommends that Council appoint a voting delegate and up to two alternate voting
delegates to represent the City of Baldwin Park at the Annual Business Meeting to be
(weld at the 2015 League of California Cities Annual Conference.
Council briefly discussed the upcoming Conference and the duties associated with the
various delegate positions. Following discussion, selection of delegates is as follows:
Voting Delegate: Cruz Baca„ Mayor Pro Tem
A motion was made by Pacheco, seconded by Rubio, and carried (5 — 0) to
designate Cruz Baca, Mayor Pro Tem, as Voting Delegate.
Voting Delegate — Alternate: Susan Rubio, Councilmember
A motion was made by Rubio, seconded by Lozano, and carried (5 — 0) to
designate Susan Rubio, Councilmember, as Voting Delegate Alternate (#1).
Voting Delegate —Alternate: Manuel Lozano, Mayor
A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to
designate Manuel Lozano, Mayor, as Voting Delegate Alternate (#2).
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
23. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT,
REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS
Staff recommends that Council review the submitted Commission applications, accept
nominations, authorize staff to initiate the appropriate background checks through the
Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ,
appoint individuals to the respective City Commissions and adopt, the following
Resolutions:
1) Resolution No. 2015-070, entitled„ "A Resolution of the City Council of the City of
Baldwin Park Appointing Individuals to the Planning Commission of the City of
Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;"
A motion was made by Baca, seconded by Rubio, and carried (5 — 0) to re-
appoint each serving Commissioners, extending the serving term of each
commissioner, respectively.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2) Resolution No. 2015-071, entitled, "A Resolution of the City Council of the City of
Baldwin Park Appointing Individuals to the Personnel Commission of the City of
Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;"
Page 13 of 17
A motion was made by Baca, seconded by Rubio, and carried (5 — 0) to appoint
Joseph S. De Julia to Office Number 3 of the Personnel Commission.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
3) Resolution No. 2015-072„ entitled, "A Resolution of the City Council of the City of
Baldwin Park Appointing Individuals to the Recreation & Community Services
Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, 5, 6, 7 and 8;"
Because the commission seats open on the Recreation and Community Services
Commission were those of high school students and none that submitted were
present at the meeting to respond to questions, Council chose to postpone this
item until a sufficient number of applicants have been developed and presented
for selection and approval.
Following discussion, Councilmember Pacheco sought to have a member of the
Recreation and Community Services Commission removed.
A motion was made by Pacheco, seconded by Garcia, to dismiss Juan Rios from
the Recreation and Community Services Commission. Mayor Pro Tem Baca
expressed objection so the Mayor called for a Roll Call vote on Councilmember
Pacheco's motion.
Councilmember Pacheco's motion passed by a vote of 3-1-1, with Mayor Pro Tem
Baca objecting and Councilmember Rubio abstaining from the vote.
AYES: Lozano, Garcia, Pacheco
NOES: Baca.
ABSENT: None.
ABSTAIN: Rubio.
4) Authorize staff to re -advertise to solicit applications for the Housing Commission of
the City of Baldwin Park, for Office Numbers 1 and 2, the term of which expires on
June 30, 2015, but for which no applications were received; and
Because no applications had .yet been collected for this commission, no action was
taken.
5) At this time the City Council could also consider the removal and or replacement of
any commissioners consistent with and pursuant to BPMC Section 32.09.
Juan Rios, former commissioner of the Baldwin Park Recreation and Community
Services Commission was removed from the Commission by a vote of 3-1-1 (see
Item No. 23.(3).
Page 14 of 17
CITY COUNCIL ACTING AS SUCCESSOR AGENCY
CONS ENTCALENDAR
The Successor Agency meeting was called to order by Mayor Lozano at 8:37 p.m.
SA -1. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL
YEAR 2015/2016
Staff recommends that Council receive and file the Statement of Investment Policy for
Fiscal Year 2015/2016.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive
and file the Statement of Investment Policy for Fiscal Year 2015/2016.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
SA -2. TREASURER'S REPORT —APRIL 2015 AND MAY 2015
Staff recommends that Council receive and file the Treasurer's Report for the months of
April 2015 and May 2015.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive
and file the Treasurer's Report for the months of April 2015 and May 2015.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
SA -3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF
BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND
SUCCESSOR AGENCY
That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the
City, by approving Resolution Nos, 2015-078, HA 2015-005, FA 2015-003 and SA
2015-005„ respectively, for the City, Housing Authority, Finance Authority and the
Successor Agency.
A motion was made by Lozano, seconded by Pacheco„ and carried (5 — 0) to
approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolution Nos..
2015-078, HA 2015-005, FA 2015-003 and SA 2015-005, respectively„ for the City,
Housing Authority, Finance Authority and the Successor Agency.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 15 of 17
CITY COUNCIL I CITY CLERK / CITY TREASURER I STAFF REQUESTS & COMMUNICATIONS
Request by Mayor Pro Tem Cruz Baca for discussion and direction to staff on the
Wowing:
• Mayor Pro Tem Baca is requesting that direction be provided to staff to implement a plan to
install flag banners on Maine Street and Ramona Boulevard during the time period between
Memorial Clay and the July 41h„ beginnings next year.
Mayor Pro Tem Baca directed staff to look into the cost and locations where banners can
be placed to honor Veterans.
Mayor Pro Tem Baca is requesting that direction be provided to staff to bring back
information on adopting City Council Standing Rules / Rules of Conduct to a future Study
Session for consideration and adoption.
Mayor Pro Tem Baca noted that the City of Irwindale has Councii Standing Rules / Rules
of Conduct that may represent a good base for modeling revisions to the City's current
rules.
Request by Councilmember Susan Rubio for discussion and direction to staff on the
Wowing:
• Councilmember Rubio is requesting that direction be provided to staff to implement a
program to honor the Memorial Inlay weekend by accepting submission of names of Baldwin
Park Resident Veterans to be displayed on the Morgan Park Marquis, and have a large
wreath placed on the Morgan Park Veterans Memorial.
Councilmember Rubio echoed the sentiments of Mayor Pro Tem Baca in honoring
veterans in the community and would like staff to explore the cost of placing a wreath at
the Veterans Memorial during the Veterans Day ceremonies and utilizing the City's
marquis to express appreciation to the community's veterans and their service to the
country.
Request by Councilmember Monica Garcia for discussion and direction to staff on the
Wowing:
• Councilmember Garcia is requesting that direction be provided to staff to devise and
implement improved tactics, methods and media to respond to and prevent the use of illegal
fireworks next July 4th.
Councilmember Garcia noted that there were several instances of illegal fireworks being
ignited on July 4th and in the days after; directed Chief Taylor and staff to look into ways
to curtail the use of illegal fireworks in the future.
Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the
Wowing:
• Councilmember Ricardo Pacheco would like to discuss and give staff direction for the
following proposed Ordinance or Ballot Measure to be placed on the next Municipal Election
of November 2011 b. "'An Initiative to Require Baldwin Park Voter Approval for Contracting Out
of Any City Police Services."
Chief Executive Officer/City Manager Yauchzee provided a narrative of the proposed
language that may be presented in a Ballot Measure format. After brief discussion
amongst Council, Mayor Lozano expressed support for the potential of presenting the
item as an Ordinance. Councilmember Pacheco directed the City Attorney to draft an
ordinance that would encompass the intent of the proposed initiative in ordinance format.
Page 16 of 17
Following Council discussion, Councilmember Rubio directed staff to look at the current staff to
prograrn ratios, noting that the recommencement of some previously suspended programs
requires an increase in staff; inquired as to the selection process for a recently vacated position
in Recreation and Community Services, suggesting that the position be advertised internally first.
AD.JOURNMENT
There being no other business to discuss, and all other matters having been addressed, a motion
was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:59 p.m.
Mayor
ATTEST:
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
APPROVED:
Page 17 of 17
ITEM NO. _.
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
AUGUST5, 2016, 5;30 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 5:50 p.m. by Mayor Lozano.
ROLL CALL
PRESENT:
Councilmember Ricardo Pacheco
Mayor Pro Tem Cruz Baca
Mayor Manuel Lozano
ABSENT:.
Councilmember Monica Garcia
Councilmember Susan Rubio
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 5:50 p.m.
Ken roods, Baldwin Park resident, commented on the ROEM Project Phase II, alleging that the
project will not generate any revenue as no property taxes will be collected; opined that the
project is a burden to the city.
Art Luna Baldwin Park resident, expressed objection to the late start of some,Special Meetings,
alleging that the Mayor is being lax in enforcement of timely attendance by councilmembers;
opined that the ROEM project is bad for the community since there will be no revenue stream
and concurred with Mr. Woods' comment about it being a burden to the city.
Juan Rios, Baldwin Park resident, opined that the young voters are the ones that will have to
pay for it; stated that he told some young people to attend city meetings and see what happens;
alleged that Council is not looking at the future for the benefit of young people.
Greed Tuttle„ Baldwin Park business owner, referred to an article in the San Jose Business
Journal in which it notes a legislative member who was fined by the Fair Political Practice
Commission (FPPC); commented on campaign contributions; voiced objection to the
consideration of ROEM Project Phase Il and that it would not be bringing in any revenue.
Seeing no one wishing to speak, Public Communications closed at 6:08 p.m.
1. PRESENTATION ADDRESSING INQUIRIES FROM COUNCIL REGARDING
ROEM PROJECT, PHASE II
Dereck Allen, representative of ROEM Development, narrated a PowerPoint
presentation and responded to comments made by attending citizens;
Page 1 of 3
2. PRESENTATION FOR CONSIDERATION TO ALLOW OPEN STORAGE OF
VEHICLES IN THE INDUSTRIAL COMMERCIAL (IC) ZONE
Presentation regarding property located at 12819 Garvey Avenue to consider
allowing the open storage of vehicles in the Industrial Commercial (IC) zoning
district.
This item was held over.
3. CITY COUNCIL STANDING RULES / CODE OF CONDUCT
Chief Executive Officer Yauchzee narrated PowerPoint presentation which
provided a draft Outline of some existing standing rules/code of conduct which
are Currently followed in surrounding communities and some which already
exist in Baldwin Park.
Council discussion ensued and many Councilmembers expressed strong
objection to the proposed rules; other councilmembers pointed out that what
is being presented is only a draft and is meant to generate ideas, not to be
cast in stone.
After further discussion, Council directed staff to terminate the proposal and
not bring it back for consideration.
MMOM-AWKW19
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957)
Housing Manager
City Planner
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6:
enc deli Hated re resentatives: Shannon Yauchzee; Jimmy Gutierrez
E02pl9y
_g�eQr anizations: Police Officer Association; Professional and Technical
Employees Association; Clerical Employees Association; Classified Confidential
Employees Association; Classified Management Employees Association
Unre resented MD ovees , City Planner; Housing Authority Manager;
Community Development Director; Human resource Manager; Police Chief;
Finance Director; Public'" orks Director; Recreation and Community, Services
Director
Page 2 of 3
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 54956.9:
Potential Case(s): One (1)
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section
54956.9:
Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919
0,
There being no further business, motion was made by Lozano, seconded by Baca, to adjourn
the meeting at 7:04 p.m.
Mayor Lozano stated that no reportable action was taken on items discussed during Closed
Session.
Mayor
ATTEST:
City Clerk
APPROVED:
Page 3 of 3
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
AUGUST 5, 2015, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presenter) in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
The meeting was called to order by Mayor Lozano at 7:05 p.m.
The invocation was provided by Pastor Jackson.
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT,
Council Member Ricardo Pacheco
Council Member Monica Garcia
Mayor Pro Tem Cruz Baca
Mayor Manuel Lozano
MEMBERS ABSENT:
Council Member Susan Rubio
REPORT ON CLOSED SESSION
Mayor Lozano stated that no reportable action was taken on items discussed during Closed
Session.
ANNOUNCEMENTS
Mayor Pro Tem. Baca asked that the evening's meeting be closed in memory of Socorro
Carbajal, mother of City Treasurer Maria Contreras.
Mayor Pro Tem Baca also acknowledged Public Works staff menbers who presented each
Councilmember with a shirt featuring the Baldwin Park hub and Public Works Department
embroidered on it.
PROCLAMATIONS COMMENDATIONS & PRESENTATIONS
• Presentation of Project Status for Interstate 10/605 Interchange Project by Haese & Wood,
PR.
Marilyn Haese, of Haese & Wood, PR, narrated a PowerPoint presentation while
discussing the accomplishments on the project thus far. Following the presentation, she
and her associate Greg Creesly, responded to questions from Council.
• Presentation of the new City of Baldwin Park web site, set for rollout by August 15th by the
City's Information Technologies staff.
Information Technology Manager Mark Hsu and staff member David Mortensen
demonstrated the new City of Baldwin Park website; pointed out some of the new
features of the website and how citizen interaction is enhanced by the new layout of the
site. Following the presentation, Mr. Hsu and Mr. Mortensen answered questions of
Council and took direction to add a translation module to the website to serve citizens
who speak and read languages other than English.
Mayor Lozano extended thanks to the Recreation and Community Services staff as well as
the Baldwin Park Police Department for their services at the 215' Annual bride of the Valley
5K Fun Run; noted that Mayor Pro Tem Baca received a medal and that the event enjoyed
over 1,000 participants.
Councilmember Pacheco commented on the recent city events such as the Concerts in the
Park and the July 4th Celebration; noted that he received a large number of compliments
from attendees; he thanks staff for their great work and dedication.
Councilmember Pacheco also commented on the Community Collaborative Committee,
which is comprised of members from the Valley County Water District, Baldwin Park Unified
School District, Mount San Antonio Collage and City of Baldwin Park, and the purpose of
this committee; noted that the committee recently created and will be opening a job center at
the Adult Education Center.
Mayor Lozano opened Public Communications at 7:48 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Art _Luna, Baldwin Park resident, voiced concern regarding attendance issues with council and
staff members to the Special Meetings; noted that there are often people who arrive late at the
meeting and feels this should be addressed by the Mayor
Thomas Kerri San Bernardino resident, commented on late arrival's at meetings; commented on
the recent racial issues and altercations with police officers; opined that people should be
t; commented on lawsuits filed by family members and
cooperating with law enforcemen
settlement agreements, opining that settlements reward criminals and martyrs.
Ken Woos, Baldwin Park resident, expressed appreciation to Council and staff for taking action
to improve the parking issues on Badillo„ but noted that it is becoming a problem again;.
requested that Code Enforcement increase time issuance of tickets for those in violation.
Juan Rio, Baldwin Park resident, spoke about comments made at a previous meeting„ noting
that the comments were in reference to the soccer leagues destroying the grass and that, often
times, there are more than 25 kids participating, which is a violation, stated that his comments
had nothing to do with the drought; expressed frustration, alleging that the Director of
Recreation and Community Services is not doing anything to discourage improper use of the
park.
Page 2 of 9
pLgg Tuttle, Baldwin Park business owner, opined that inembers of the business community are
not at all fond of councilmembers and that the July 41" Celebration, did not generate any sales for
local business owners; commented on expenditures made by councilmembers.
Seeing no others wishing to speak, Public Communications closed at 8:03 p.m.
Mayor Lozano commented on Mr. Tuttle's statements made during Public Communications
regarding the expenditure made for the July 4'h Celebration; encouraged, citizens and youth
to research some of'the issues brought up during Public Communications in order to be fully
informed.
Councilmember Pacheco responded to comments made during Public Communication,
noting that false statements are made during this period as they have the freedom of speech
to protect them; noted that the election season will often cause a lot of misinformation to be
spread.
1*41,11114*349100
Mayor Pro Teirn Baca pulled [tern No. 6 for further clarification; Councilmember Pacheco
requested that Item No, 10 be pulled and brought back at a future meeting; Mayor Lozano
pulled (tern No. 15 for further discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to ratify the Warrants and Demands Register.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
2. REJECTION OF CLAIMS
Staff recommends that Council reject the following claim and direct staff to send the
appropriate notice of rejection to claimant:
Farios, Evelyn Claimant alleges that a rock was thrown at her car while her car
was in front of the park.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to reject the following claim and direct staff to send the appropriate
notice of rejection to claimant.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
3. APPROVAL OF MEETING MINUTES
Receive and file:
A. Meeting Minutes of Meeting Minutes of the Special City Council
Page 3 of 9
Meetings held on April 11, 2012.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to receive and file the minutes.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
4. VACATION OF STREETS — PARCEL MAP NO. 1417
Staff recommends that Council approve and adopt Resolution No. 2015-083, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE,
CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN PARK.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve and adopt Resolution No. 2015-083, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE,
CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN
PARK..
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
5. FUNDING AGREEMENT — METRO TOLL GRANT
Staff recommends that Council approve the Funding Agreement with the Los
Angeles County Metropolitan Transportation Authority (LACTMA), to provide funding
through the Metro Expresslanes Net Toll Revenue Re -Investment Grant Program.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Funding Agreernent with the Los Angeles County
Metropolitan Transportation Authority (LACTMA), to provide funding through the
Metro Expresslanes Net Toll Revenue Re -Investment Grant Program.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
6. APPROVE TIME PROPOSAL AND PROFESSIONAL SERVICES CONTRACT WITH
REVENUE & COSTSPECIALISTS, LLC, TO CONDUCT A LAW ENFORCEMENT
DEVELOPMENT IMPACT FEE STUDY
Staff recommends that Council approve the Consultant Services Agreement and
associated Law Enforcement Development Impact Fee (DIF) Proposal, with
Revenue & Cost Specialists, LLC, and authorize the Mayor to execute the contract.
Page 4 of 9
Mayor Pro Tern Baca sought clarification from staff s to the nature of the fees
being studied; Chief Executive Officer Yauchzee provided a brief summary of the
types of fees being considered.
A motion was made by Baca, seconded by Baca, and carried (4 — 0; Rubio
Absent) to approve the Consultant Services Agreement and associated Lave
Enforcement Development. Impact Fee (DIF) Proposal, with Revenue & Cost.
Specialists, LLC, and authorize the Mayor to execute the contract..
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
7. APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH AIM CONSULTING
SERVICES TO IDENTIFY AND PRIORITIZE SERVICES FOR AN ECONOMIC
DEVELOPMENT STRATEGY
Staff recommends that Council approve the Agreement with AIM Consulting Services
for professional services to assist in developing an economic development strategy
for a term of four (4) months; authorize the appropriation of $32,000 to Account No.
100-40-405-51100-00000-2; and authorize the Chief Executive Officer to execute the
Agreement.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Agreement with AIM Consulting 'Services for professional
services to assist in developing an economic development strategy for a term of
four (4) months; authorize the appropriation of $32,000 to Account No. 100-40-
405-51100-00000-2; and authorize the Chief Executive Officer to execute the
Agreement.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
OSED
8. APPROVECONCURRENCEWITHTHE LEAGUE OF ALIFORN(S) OF OPPOSITION TO THE IA CITIES S
SEMBLY BILL
57, I N POSITION OF
OPPOSITION
Staff recommends that. Council approve the Letters of Opposition addressed to State
Legislators expressing objection to the proposed Assembly Bill (AB) 57, known as
the (Quirk) fireless Telecommunications Facilities Bill, thereby supporting the
League of California Cities opposition to AB 57.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Letters of Opposition addressed to State Legislators
expressing objection to the proposed Assembly Bill (AB) 57, known as the
(Quirk) Wireless Telecommunications Facilities Bill, thereby supporting the
League of California Cities' opposition to AB 57,
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN; None.
Page 5 of 9
9. APPROVE A CONSULTANT SERVICE AGREEMENT WITH WITHERS AND
SANDGRE'N TO PROVIDE DESIGN SERVICES FOR REPLACEMENT OF TURF
WITH LOW-WATER LANDSCAPE IN THE STREET MEDIANS
Staff recommends that Council approve the Consultant Services Agreement with
Withers and Sandgren, to provide professional services for the design of low-water
landscape to replace turf in the City's street medians, and authorize the Mayor to
execute the contract.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Consultant Services Agreement with Withers and
Sandgren, to provide professional services for the design of low-water landscape
to replace turf in the City's street medians, and authorize the Mayor to execute
the contract.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
10. APPROVE THE CONSULTANT SERVICES AGREEMENT WITH PSOMAS, INC., TO
PROVIDE THE DESIGN OF AND PLAN SPECIFICATIONS FOR THE SAN GABRIEL
RIVER COMMUTER BIKEWAY
Staff recommends that Council approve the Consultant Services Agreement with
Psomas, Inc., to provide the design of and plan specifications for the San Gabriel
River Commuter Bikeway, and authorize the Mayor to execute the contract.
Councilmember Pacheco requested that this item be brought back at a future
meeting for Council consideration.
A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0; Rubio
Absent) pull this item from the agenda and direct staff to present it to Council at a
future meeting.
AYES: Lozano, Baca, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
11. APPROVE AN AGREEMENTWITH CM AMUSEMENTS AND PRODUCTIONS, INC.,
FOR CARNIVAL SERVICES THE DOWNTOWN STREET MARKET
Staff recommends that. Council approve the Agreement with CM Amusements and
Productions, Inc.„ to provide Carnival Services during the Downtown Street Market,
during the period of August 13 through August 16, 2015, and authorize the Mayon to
execute the Agreement.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Agreement with CM Amusements and Productions, Inc.,
to provide Carnival Services during the Downtown Street Market, during the
period of August 13 through August 16, 2015, and authorize the Mayor to
execute the Agreement.
AYES: Baca, Garcia, Lozano, Pacheco
Page 6 of 9
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
12. APPROVE A RESOLUTION AND THE LETTER(S) OF SUPPORT, IN
CONCURRENCE WITH THE LEAGUE OF CALIFORNIA CITIES AND THE FIX OUR
ROADS COALITION, URGING THE STATE TO PROVIDE SUSTAINABLE FUNDING
FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE
Staff recommends that Council approve Resolution No. 2015-084, entitled "A
Resolution of the City Council of the City of Baldwin Park, California, Urging the
State to Provide New Sustainable Funding for State and Local Transportation
Infrastructure;" and approve the Letters of Support addressed to State Legislators
expressing support for the Fix Our Roads Coalition and its, proposed Seven Priorities
and Funding Sources, in concurrence with the League of California Cities.
A motion was made by Lozano, seconded by Garcia, and carried (4— 0; Rubio
Absent) to approve Resolution No, 2015-084, entitled "A Resolution of the City
Council of the City of Baldwin Park, California, Urging the State to Provide New
Sustainable Funding for State and Local Transportation Infrastructure," and
approve the Letters of Support addressed to State Legislators expressing
support for the Fix Our Roads Coalition and its proposed Seven Priorities and
Funding Sources, in concurrence with the League of California Cities.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
13. HOUSING ELEMENT PROGRESS REPORT 2014
Staff recommends that Council receive and file the Housing Element Progress
Report for 2014.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to receive and file the Housing Element Progress Report for 2014.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
14. APPROVE AND ACCEPT THE PLANS AND SPECIFICATIONS FOR CITY PROJECT
NO. 2015-0091, RESIDENTIAL STREET REHABILITATION PROJECT, AND
AUTHORIZE THE PUBLICATION OF A NOTICE AND INVITATION TO BID ON THE
PROJECT.
Staff recommends that Council approve and accept the plans and specifications for
City Project No. 2015-0091, Residential Street Rehabilitation Project, and authorize
the publication of a Notice and Invitation to Bid on the Project.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve and accept the plans and specifications for City Project No.
2015-0091,, Residential Street Rehabilitation Project, and authorize the
publication of a Notice and Invitation to Bid on the Project..
AYES: Baca, Garcia, Lozano, Pacheco
Page 7 of 9
NOES: None.
ABSENT: Rubio.
ABSTAIN° None.
15. APPROVE AND ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK
POLICE OFFICERS ASSOCIATION, THE CITY OF BALDWIN PARK AND THE
PROFESSIONAL AND TECHNICAL CITY EMPLOYEES ASSOCIATION; THE CITY
OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES
ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED
MANAGEMENT ASSOCIATION; AND ADOPT RESOLUTIONS AMENDING THE
EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT BENEFITS
MATRIX
Staff recommends that Council approve and adopt Resolution Nos. 2015-054, 2015-
055, 2015-056 and 2015-059, respectively„ thereby approving the Memorandums Of
Understanding between the City Of Baldwin Park and the Baldwin Park Police
Officers Association; the City Of Baldwin Park and the Professional and Technical
City Employees Association; the City Of Baldwin Park and the Classified
Management Employees Association; the City Of Baldwin Park and the Classified
Management Association; and Resolution No. 2015-081, amending the Executive
Benefits Matrix and the Unclassified Management Benefits Matrix.
Mayor Lozano expressed gratitude to the Baldwin Park Police Officers
Association and all those involved with the negotiations.
City Attorney Robert Tafoya read into the record a prepared statement issued by
Councilmember Susan Rubio, as follows:
"I planned a vacation in advance, well before I knew the contracts would be
on tonight's agenda. Unfortunately, the contracts for our fine employees are
on the agenda for tonight while I am gone. I am gone but I want all of you to
know that I fully support all of the contracts for our employees. They are well
deserved."
Mayor Pro Ten Baca also expressed great appreciation to staff for their patience
and dedication to their work.
Councilmember Pacheco also thanked the members of the Baldwin Park Police
Officers Association for working with the City to forge this agreement.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0; Rubio
Absent) to approve and adopt Resolution Nos. 2015-054, 2015-055, 2015-056
and 2015-059, respectively, thereby approving the Memorandums Of
Understanding between the City Of Baldwin Park and the Baldwin Park Police
Officers Association; the City Of Baldwin Park and the Professional and
Technical City Employees Association; the City Of Baldwin Park and the
Classified Management Employees Association;, the City Of Baldwin Park and
the Classified Management Association; and Resolution No. 2015-081,
amending the Executive Benefits Matrix and the Unclassified Management
Benefits Matrix..
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
Page 8 of 9
CITE COLtiN�CIL 1 CITE CLERK I CIT'"'" TREASURER 1 STAFF REQUESTS &
COMMUNICATIONS
• Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the
following:
Discuss and give direction to staff to gather information and
creating a downtown business program that would promote
social media, and create newsletters to enhance business
district.
report on the feasibility of
monthly events, develop
activity in the downtown
Councilmember Pacheco referred to surrounding communities that have dedicated staff to plan
monthly events and other ways to promote the downtown business area; noted that social media
frequently used to promote activities and advertise the amenities of the downtown area;
suggested one or two staff members be commissioned with creating a similar program, looking at
funding sources and developing strategies; opined that the endeavor would require full time
focused efforts and Would like full time staff dedicated to this.
Mayor Pro Tern Baca suggested that Councilmember Pacheco confer with Teri Muse, at Waste
Management, since she is the head of the Baldwin Park Business Association and there may be
opportunities to collaborate.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by Baca, to adjourn the meeting at 8:37 p.m.
ATTEST:
Alejandra Avila, City Clerk
APPROVED:
Mayor
Manuel Lozano, Mayor
Page 9 of 9
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
AUGUST 5, 2015, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:05 p.m.
IN'V'OCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
MEMBERS PRESENT:
Council Member Ricardo Pacheco
Council Member Monica Garcia
Mayor Pro Tern Cruz Baca
Mayor Manuel Lozano
MEMBERS ABSENT:
Council Member Susan Rubio
REPORT ON CLOSED SESSION
Mayor Lozano stated that no reportable action was taken on items discussed during Closed
Session.
ANNOUNCEMENTS
Mayor Pro Tern Baca asked that the evening's meeting be closed in memory of Socorro
Carbajal, motherof City Treasurer Maria Contreras.
Mayor Pro Tern Baca also acknowledged Public Works staff members who presented each
Councilmember with a shirt featuring the Baldwin Park hub and Public Works Department
embroidered on it.
PROCLAMATIONS COMMENDATIONS &PR.ESEN.TATIONS
• Presentation of Project Status for Interstate 10/605 Interchange Project by Haese & Wood,
PR.
Marilyn Haese, of Haese & Wood, Public Relations, narrated a PowerPoint presentation
while discussing the accomplishments on the project thus far. Following the
presentation, she and David Greasley, a representative from MCM Construction, Inc.,
responded to questions from Council.
• Presentation of the new City of Baldwin Park web site, set for rollout by August 15th by the
City's Information Technologies staff.
Information Technology Manager Mark Hsu and staff member David Mortensen
demonstrated the new City of Baldwin Park website; pointed out some of the new
features of the website and how citizen interaction is enhanced by the new layout of the
site. Following the presentation, Mr. Hsu and Mr. Mortensen answered questions of
Council and took direction to add a translation module to the website to serve citizens
who speak and read languages other than English.
Mayor Lozano extended thanks to the Recreation and Community Services staff as well as
the Baldwin Park Police Department for their services at the 1" Annual Pride of the Valley
5K Fun Run; noted that Mayor Pro Tem Baca received a medal and that the event enjoyed
over 1,000 participants.
Councilmember Pacheco commented on the recent city events such as the Concerts in the
Park and the July 4th Celebration; noted that he received a large number of compliments
from attendees; he thanks staff for their great work and dedication.
Councilmember Pacheco also commented on the Community Collaborative Committee,
which is comprised of members from the Valley County Water District, Baldwin Park Unified
School District, Mount San Antonio Collage and City of Baldwin Park, and the purpose of
this committee„ noted that the committee recently created and will be opening a lob center at
the Adult Education Center.
PU13L,IC COM_MUNIiCATICNS
Mayor Lozano opened Public Communications at 7:48 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Art Luna, Baldwin Park resident, voiced concern regarding attendance issues with council and
staff members to the Special Meetings„ noted that there are often people who arrive late at the
meeting and feels this should be addressed by the Mayor
Thomas Kerri Ban Bernardino resident, commented on late arrivals at meetings; commented on
the recent racial issues and altercations with police officers; opined that people should be
cooperating with law enforcement; commented on lawsuits filed by family members and
settlement agreements opining that settlements reward criminals and martyrs.
Ken Woods, Baldwin Park resident, expressed ,appreciation to Council and staff for taking action
to irnprove the parking issues on Badillo, but noted that it is becoming a problem again;;
requested that Code Enforcement increase the issuance of tickets for those in violation.
Jinn Rias, Baldwin Park resident„ spoke about comments made at a previous meeting, noting
that the comments were in reference to the soccer leagues destroying the grass and that, often
times, there are more than 25 kids participating, which is a violation; stated that his comments
had nothing to do with the drought; expressed frustration, alleging that the Director of
Recreation and Community Services is not doing anything to discourage improper use of the
park.
Page 2 of 9
Greq_Tuttle, Baldwin Park business owner, opined that members of the business community are
not at all fond of councilmembers and that the July 01 Celebration did not generate any sales for
local business owners; commented on expenditures made by councilmembers.
Seeing no others wishing to speak, Public Communications closed at 8:03 p.m.
Mayor Lozano commented on Mr. Tuttle's statements, made during Public Communications
regarding the expenditure made for the July 4"h Celebration; encouraged citizens and youth
to research some of the issues brought up during Public Communications in order to be fully
informed.
Councilmember Pacheco responded to comments made during Public Communication,
noting that false statements are made during this period as they have the freedom of speech
to protect them; noted that the election season will often cause a lot of misinformation to be
spread.
Mayor Pro Tern Baca Pulled Item No, 6 for further clarification; Councilmember Pacheco
requested that Item No. 10 be pulled and brought back at a future meeting, Mayor Lozano
pulled Item No. 15 for further discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to ratify the Warrants and Demands Register.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
2. REJECTION OF CLAIMS
Staff recommends that Council reject the following claim and direct staff to send the
appropriate notice of rejection to claimant:
Farios, Evelyn Claimant alleges that a rock was thrown at her car while her car
was in front of the park.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to reject the following claim and direct staff to send the appropriate
notice of rejection to claimant.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
3. APPROVAL OF MEETING MINUTES
Receive and file:
A. Meeting Minutes of Meeting Minutes of the Special City Council
Page 3 of 9
Meetings held on April 11, 2012.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to receive and file the minutes.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
4. VACATION OF STREETS — PARCEL MAP NO. 1417
Staff recommends that Council approve and adopt Resolution, No. 2.015-083, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE,
CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN PARK.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve and adopt Resolution No. 2015-083, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE,
CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN
PARK..
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
6. FUNDING AGREEMENT — METRO TOLL GRANT
Staff recommends that Council approve the Funding Agreement with the Los
Angeles County Metropolitan Transportation Authority (LACTMA), to provide funding
through the Metro Expresslanes Net Toll Revenue Re -Investment Grant Program.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Funding Agreement with the Los Angeles County
Metropolitan Transportation Authority (LACTMA), to provide funding through the
Metro Expresslanes Net Toll Revenue Re -Investment Grant Program.
AYES: Baca, Garcia, Lozano, Pacheco
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
6. APPROVE THE PROPOSAL AND PROFESSIONAL SERVICES CONTRACT WITH
REVENUE & COST SPECIALISTS, LLC, TO CONDUCT A LAW ENFORCEMENT
DEVELOPMENT IMPACT FEE STUDY
Staff recommends that Council approve the Consultant Services Agreement and
asso'ci'ated Law Enforcement Development Impact Fee (DIF) Proposal, with
Revenue & Cost Specialists, LLC, and authorize the Mayor to execute the contract.
Page 4 of 9
Mayor Pro Tem Baca sought clarification from staff s to the nature of the fees
being studied; Chief Executive Officer Yauchzee provided a brief summary of the
types of fees being considered.
A motion was made by Baca, seconded by Baca, and carried (4 — 0; Rubio
Absent) to approve the Consultant Services Agreement and associated Law
Enforcement Development Impact Fee (DIF) Proposal, with Revenue & Cost
Specialists, LLC, and authorize the Mayor to execute the contract..
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
7. APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH AIM CONSULTING
SERVICES TO IDENTIFY AND PRIORITIZE SERVICES FOR AN ECONOMIC
DEVELOPMENT STRATEGY
Staff recommends that Council approve the Agreement with AIM Consulting Services
for professional services to assist in developing an economic development strategy
for a term of four (4) months; authorize the appropriation of $32,000 to Account No.
100-40-405-51100-00000-2; and authorize the Chief Executive Officer to execute the
Agreement.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Agreement with AIM Consulting Services for professional
services to assist in developing an economic development strategy for a term of
four (4) months; authorize the appropriation of $32,000 to Account No. 100-40-
405-51100-00000-2; and authorize the Chief Executive Officer to execute the
Agreement.
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
8. APPROVE THE LETTER(S) OF OPPOSITION TO THE PROPOSED ASSEMBLY BILL
57, IN CONCURRENCE WITH THE LEAGUE OF CALIFORNIA CITIES POSITION OF
OPPOSITION
Staff recommends that Council approve the Letters of Opposition addressed to State
Legislators expressing objection to the proposed Assembly Bill (AB) 57, known as
the (Quirk) Wireless Telecommunications Facilities Bill, thereby supporting the
League of California Cities' opposition to AB 57.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Letters of Opposition addressed to State Legislators
expressing objection to the proposed Assembly Bill (AB) 57, known as the
(Quirk) Wireless Telecommunications Facilities Bill, thereby supporting the
League of California Cities' opposition to AB 57.
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
Page 5of9
9. APPROVE A CONSULTANT SERVICE AGREEMENT WITH WITHERS AND
SANDGREN TO PROVIDE DESIGN SERVICES FOR REPLACEMENT OF TURF
WITH LOW-WATER LANDSCAPE IN THE STREET MEDIANS
Staff recommends that Council approve the Consultant Services Agreement with
Withers and Sandgren, to provide professional services for the design of low-water
landscape to replace turf in the City's street medians, and authorize the Mayor to
execute the contract.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Consultant Services Agreement with Withers and
Sandgren, to provide professional services for the design of low-water landscape
to replace turf in the City's street medians, and authorize the Mayor to execute
the contract.
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
1.0. APPROVE THE CONSULTANT SERVICES AGREEMENT WITH PSOMAS, INC., TO
PROVIDE THE DESIGN OF AND PLAN SPECIFICATIONS FOR THE SAN GABRIEL
RIVER COMMUTER BIKEWAY
Staff recommends that Council approve the Consultant Services Agreement with
Psomas, Inc., to provide the design of and plan specifications for the San Gabriel
River Commuter Bikeway, and authorize the Mayor to execute the contract.
Councilmember Pacheco requested that this item be brought back at a future
meeting for Council consideration.
A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0; Rubio
Absent) pull this item from the agenda and direct staff to present it to Council at a
future meeting.
AYES:
Lozano, Baca, Garcia, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
11. APPROVE AN AGREEMENT WITH CM AMUSEMENTS AND PRODUCTIONS, INC.,
FOR CARNIVAL SERVICES THE DOWNTOWN STREET MARKET
Staff recommends that Council approve the Agreement with CM Amusements and
Productions, Inc., to provide Carnival Services during the Downtown Street Market,
during the period of August 13 through August 16, 2015, and authorize the Mayor to
execute the Agreement.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve the Agreement with CM Amusements and Productions, Inc.,
to provide Carnival Services during the Downtown Street Market, during the
period of August 13 through August 16, 2015, and authorize the Mayor to
execute the Agreement.
AYES: Baca, Garcia, Lozano, Pacheco
Page 6 of 9
NOES: None.
ABSENT: Rubio.
ABSTAIN: None.
12. APPROVE A RESOLUTION AND THE LETTER(S) OF SUPPORT, IN
CONCURRENCE WITH THE LEAGUE OF CALIFORNIA CITIES AND THE FIX OUR
ROADS COALITION, URGING THE STATE TO PROVIDE SUSTAINABLE FUNDING
FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE
Staff recommends that Council approve Resolution No. 2015-084, entitled "A
Resolution of the City Council of the City of Baldwin Park, California, Urging the
State to Provide New Sustainable Funding for State and Local Transportation
Infrastructure;" and approve the Letters of Support addressed to State Legislators
expressing support for the Fix Our Roads Coalition and its proposed Seven Priorities
and Funding Sources, in concurrence with the League of California Cities.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve Resolution No. 2015-084, entitled "A Resolution of the City
Council of the City of Baldwin Park, California, Urging the State to Provide New
Sustainable Funding for State and Local Transportation Infrastructure;" and
approve the Letters of Support addressed to State Legislators expressing
support for the Fix Our Roads Coalition and its proposed Seven Priorities and
Funding Sources, in concurrence with the League of California Cities.
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
13. HOUSING ELEMENT PROGRESS REPORT 2014
Staff recommends that Council receive and file the Housing Element Progress
Report for 2014.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to receive and file the Housing Element Progress Report for 2014.
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
14. APPROVE AND ACCEPT THE PLANS AND SPECIFICATIONS FOR CITY PROJECT
NO. 2015-0091, RESIDENTIAL STREET REHABILITATION PROJECT, AND
AUTHORIZE THE PUBLICATION OF A NOTICE AND INVITATION TO BID ON THE
PROJECT.
Staff recommends that Council approve and accept the plans and specifications for
City Project No. 2015-0091, Residential Street Rehabilitation Project, and authorize
the publication of a Notice and Invitation to Bid on the Project.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 0; Rubio
Absent) to approve and accept the plans and specifications for City Project No.
2015-0091, Residential Street Rehabilitation Project, and authorize the
publication of a Notice and Invitation to Bid on the Project..
AYES: Baca, Garcia, Lozano, Pacheco
Page 7 of 9
NOES: None.
ABSENT: Rubio,
ABSTAIN: None.
15. APPROVE AND ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK
POLICE OFFICERS ASSOCIATION, THE CITY OF BALDWIN PARK AND THE
PROFESSIONAL AND TECHNICAL CITY EMPLOYEES ASSOCIATION; THE CITY
OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES
ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED
MANAGEMENT ASSOCIATION; AND ADOPT RESOLUTIONS AMENDING THE
EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT BENEFITS
MATRIX
Staff recommends that Council approve and adopt Resolution Nos. 2015-054, 2015-
055, 2015-056 and 2015-059, respectively, thereby approving the Memorandums Of
Understanding between the City Of Baldwin Park and the Baldwin Park Police
Officers Association; the City Of Baldwin Park and the Professional and Technical
City Employees Association; the City Of Baldwin Park and the Classified
Management Employees Association; the City Of Baldwin Park and the Classified
Management Association; and Resolution No. 2015-081, amending the Executive
Benefits Matrix and the Unclassified Management Benefits Matrix.
Mayor Lozano expressed gratitude to the Baldwin Park Police Officers
Association and all those involved with the negotiations.
City Attorney Robert Tafoya read into the record a prepared statement issued by
Councilmember Susan Rubio, as follows:
"I planned a vacation in advance, well before I knew the contracts would be
on tonight's agenda. Unfortunately, the contracts for our fine employees are
on the agenda for tonight while I am gone. I am gone but I want all of you to
know that I fully support all of the contracts for our employees. They are well
deserved."
Mayor Pro Ten Baca also expressed great appreciation to staff for their patience
and dedication to their work.
Councilmember Pacheco also thanked the members of the Baldwin Park Police
Officers Association for working with the City to forge this agreement.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0; Rubio
Absent) to approve and adopt Resolution Nos. 2015-054, 2015-055, 2015-056
and 2015-059, respectively, thereby approving the Memorandums Of
Understanding between the City Of Baldwin Park and the Baldwin Park Police
Officers Association; the City Of Baldwin Park and the Professional and
Technical City Employees Association; the City Of Baldwin Park and the
Classified Management Employees Association; the City Of Baldwin Park and
the Classified Management Association; and Resolution No. 2015-081,
amending the Executive Benefits Matrix and the Unclassified Management
Benefits Matrix..
AYES:
Baca, Garcia, Lozano, Pacheco
NOES:
None.
ABSENT:
Rubio.
ABSTAIN:
None.
Page 8 of 9
CITY COUNCIL l CITY" CLERK i CITY TREASURER / STAFF RE UESTS
COMMUNICATIONS
IS
• Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the
following:
Discuss and give direction to staff to gather information and report on the feasibility of
creating a downtown business program that would promote monthly events, develop
social media, and create newsletters to enhance business activity in the downtown
district.
Councilmember Pacheco referred to surrounding communities that have dedicated staff to plan
monthly events and other ways to promote the downtown business area; noted that social media
frequently used to promote activities and advertise the amenities of the downtown area;
suggested one or two staff members be commissioned with creating a similar program, looking at
funding sources and developing strategies; opined that the endeavor would require full time
focused efforts and would like full time staff dedicated to this.
Mayor Pro Tem Baca suggested that Councilmember Pacheco confer with Teri Muse, at Waste
Management, since she is the head of the Baldwin Park Business Association and there may be
opportunities to collaborate.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by Baca, to adjourn the meeting at 8:37 p.m.
Mayor
ATTEST:
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
APPROVED:
Page 9of9
STAFF REPORT
PO.: T
ITEM NO.
TO: Honorable Mayor and City Councilmembers
FROM: Marc Castagnola, AICP, Director of Community:1)cveloprn�4-�
Amy L. Harbin, AICP, City Planner wry
DATE: September 2, 2015
SUBJECT: Second reading of Ordinance 1374, amending Chapters 153.220 and
153.120 of the Municipal Code to establish regulations for Cottage Food
Regulations. (Applicant: City of Baldwin Park; Case Number: AZC-
176)
SUMMARY
This report requests City Council approval of Ordinance 1374 amending Chapters 153.220 and 153.120 of the
City's Municipal Code relating to Cottage Food Operations.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance 1374 on second reading, read by title only, and waive
any further reading thereof.
BACKGROUND
This Ordinance was introduced at the City Council meeting on August 19, 2015 for first reading, and at that
meeting Ordinance 1374 was approved by the City Council. This Ordinance amends Chapters 153.220 and
153.120 of the City's Municipal Code relating to Cottage Food Operations.
ATTACHMENTS
#1, Ordinance 1374
A r
TTACHMENT #
ORDINANCE x.37
ORDINANCE NO. 1374
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, AMENDING
BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220
AND 153.120 TO ESTABLISH REGULATIONS FOR
COTTAGE FOOD OPERATIONS
WHEREAS, the City of Baldwin Park ("City") currently permits and regulates the
operation of in-home businesses which are referred to as "home occupation" uses
under Baldwin Park Municipal Code ("BPMC") Sections 153.120.250 through
153.120.270; and
WHEREAS, the State of California Legislature updated the Health & Safety Code
regarding "cottage food operations" with Assembly Bill 1616 ("AB 1616"); and
WHEREAS, AB 1616 requires all cities to allow cottage food operations as a
permitted use in residential zones; and
WHEREAS, "cottage food operations" are generally described as small food
businesses that produce non -potentially hazardous foods (such as certain baked goods,
candies, jams/jellies, dried pastas, dried fruits, and baking mixes) to operate out of a
private home with limited regulatory oversight, as long as certain criteria are met; and
WHEREAS, under AB 1616, if the City requires cottage food operations to obtain
a permit to operate, the City may only condition the issuance of that permit on
"reasonable standards, restrictions and requirements concerning the following factors:
spacing and concentration, traffic control, parking, and noise control relating to those
homes"; and
WHEREAS, the City wishes to enact regulations for cottage food operations
through its home occupation permit process which comply with the requirements of AB
1616; and
WHEREAS, the City Council wishes to ensure the City complies with AB 1616 by
exempting cottage food operations from certain regulations that otherwise apply to
home occupation uses; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment; and
WHEREAS, on April 8, 2015, after conducting a properly noticed public hearing,
the Planning Commission adopted Resolution No. PC 15-05 recommending that the
City Council update the BPMC as it pertains to home occupation and cottage food
operations; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 153 ("Zoning Code") Section 153.220.040 entitled "C Definitions"
shall be amended to add, in alphabetical order, the following:
"COTTAGE FOOD OPERATION. An enterprise with annual gross sales limits
set forth under California Health and Safety Code Section 113758(a), operated
by a Cottage Food Operator having no more than one full-time equivalent
employee, conducted within a private home kitchen where the Cottage Food
Operator resides, and where the Cottage Food Products are prepared or
packaged for direct, indirect, or direct and indirect sales pursuant to Section
113758 of the California Health and Safety Code. A Cottage Food Operation may
engage in the following sales activities subject to approval from the Los Angeles
County Department of Public Health:
A. Class A Cottage Food Operations may engage only in direct sales of
Cottage Food Products including direct sale venues such as temporary events.
Door to door sales shall be prohibited. (See definition of "Direct Sales" at section
153.220.050.)
B. Class B Cottage Food Operations may engage in both direct and indirect
sales of Cottage Food Products such as a permitted third -party retail food facility.
(See definition of "Indirect Sales" at section 153.220.100.)
COTTAGE FOOD OPERATOR. An individual who owns or operates a Cottage
Food Operation in his or her private home kitchen.
COTTAGE FOOD PRODUCTS. Foods specifically listed as cottage foods
approved by the California Department of Public Health and posted on its
Internet Website and that are prepared for sale in the kitchen of the permitted
area of a Cottage Food Operation. This lists includes certain non -potentially
hazardous foods. Typical food items include baked goods without cream,
custard or meat fillings; candies; dried fruits and pastas; fruit pies; cereals; herbs;
honey; jams and jellies; nuts; popcorn; roasted coffees and dried teas.
SECTION 2. Chapter 153 ("Zoning Code") Section 153.220.050 entitled "D Definitions"
shall be amended to add, in alphabetical order, the following:
DIRECT SALES. A transaction between a Cottage Food Operator and a
consumer, where the consumer purchases the Cottage Food Product directly
from the Cottage Food Operator. Examples include, but are not limited to, holiday
bazaars, temporary events, bake sales, food swaps, certified famers' markets
and community -supported agricultural subscriptions.
SECTION 3. Chapter 153 ("Zoning Code") Section 153.220.090 entitled "H Definitions"
shall be amended to add, in alphabetical order, the following:
HOME OCCUPATION. Any commercial activity conducted entirely within a
particular dwelling unit by the inhabitants of such dwelling unit. HOME
OCCUPATIONS are incidental uses that do not change the character of the
dwelling unit nor adversely affect permitted uses in the surrounding area. HOME
OCCUPATIONS include Cottage Food Operation uses.
SECTION 4. Chapter 153 ("Zoning Code") Section 153.220.100 entitled "I Definitions"
shall be amended to add, in alphabetical order, the following:
INDIRECT SALES. An interaction between a Cottage Food Operator, a third
party retailer, and a consumer; where the consumer purchases Cottage Food
Products made by the Cottage Food Operation from a third party retailer. A third
party retailer is a permitted retail food facility, such as a restaurant, grocery or
food market that holds a valid operating permit from the County of Los Angeles in
accordance with California Retail Food Code section 114381.
SECTION 5. Zoning Code Sections 153.120.250 through 153.120.270 of the BPMC are
hereby deleted and shall be replaced to read in their entirety as follows:
"Part 8. HOME OCCUPATIONS
§ 153.120.250 INTENT AND PURPOSE.
The purpose of regulating home occupations is to recognize the need of some
homeowners and cottage food operators to operate small businesses and
cottage food operations from their home, and to provide a means of ensuring that
adverse impacts, due to the mix of residential and commercial or professional
uses, are mitigated to preserve the character of the residential area.
The County of Los Angeles shall administer all County regulations and standards
related to the health and safety and sanitation of food facilities within the
jurisdiction of the City of Baldwin Park. The City shall administer the laws set
forth in this Chapter relating to Cottage Food Operations. Nothing in this Chapter
shall be construed as waiving or limiting the application of local and state
regulatory standard for the health, safety and sanitation of food facilities within
the jurisdiction of the City of Baldwin Park.
§ 153.120.260 PERMIT REQUIREMENTS.
A. To establish a home occupation which does not fall within the meaning of
Cottage Food Operation as defined by BPMC § 153.220.040, a "Home
Occupation Permit" shall be obtained from the Business License Department, in
addition to all other required licenses and permits.
B. To establish a home occupation which falls within the meaning of Cottage
Food Operation as defined by BPMC § 153.220.040, a "Cottage Food Operation
Permit" shall be obtained from the Business License Department upon payment
of a fee as set forth from time to time by resolution of the City Council, in addition
to all other required licenses and permits.
§ 153.120.270 USE REGULATIONS.
A. The use of a home occupation which does not fall within the meaning of
Cottage Food Operation as defined by BPMC § 153.220.040, shall comply with
the following regulations:
1. No Display or, Storage. No display or storage of goods,
wares, merchandise or stock in trade shall be maintained on the premises.
2. Occupancy Employment. No one other than persons
residing on the lot where the home occupation is located may be regularly
employed in such occupation.
3. Dust, Fumes, Noise, and Odor. No equipment used in
conjunction with such occupation that emits dust, fumes, noise or odor, which
could interfere with the peaceful use and enjoyment of adjacent properties is
permitted.
4. Floor Space Limit. Not more than 150 square feet of floor
space of the dwelling shall be devoted to the home occupation.
5. Traffic. No appreciable increase of traffic, pedestrian or
vehicular shall result from such occupation.
6. Signage. No sign not otherwise permitted in the zone in
which the occupation is located shall be used.
B. The use of a home occupation which falls within the meaning of Cottage
Food Operation as defined by BPMC § 153.220.040, shall comply with the
following regulations:
1. Spacing. No Cottage Food Operation shall be approved if:
(1) the property line of the site of the proposed use is located within 300 feet on
the same street or the corner of a cross -street of the property line of any single
family home where another Cottage Food Operation is located; or (2) if the
proposed use is located within the same building of an apartment complex or
other multi -family housing (i.e. condominium or townhomes) where another
Cottage Food Operation exists.
2. Employee. Only one (1) employee, paid or unpaid, shall be
permitted. This shall not include family members or a household member of the
Cottage Food Operator.
3. Parking and Loading Requirements.
A) For single family homes, parking spaces in the property's
garage or carport (if present) and driveway shall be available for the actual
parking demand created by the use, including parking spaces for the applicant's
own vehicles, a parking space for an employee, if an employee is present, and
one parking space for customers if direct sales on the property are proposed.
B) For apartments and multi -family developments, the
Cottage Food Operator's designated space(s) shall be available for the actual
parking demand created by the use, including parking spaces for the applicant's
own vehicles, parking spaces for an employee if employee is present, and one
parking space for customers if direct sales on the property are proposed. On-site
parking in an apartment complex or other multi -family residence requires
approval from the property owner, landlord, homeowners association or property
manager.
C) On -street parking spaces may be used for persons
picking -up and/or delivering materials for the Cottage Food Operation and third
party retailers coming to the property if proposed.
D) If the proposed Cottage Food Operation will involve
loading of food products into vehicles, such loading may occur anytime within an
enclosed garage when the garage door is shut. Hours for loading vehicles
outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through
Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. Vehicles shall
not idle when being loaded.
4. Noise Control. Cottage Food Operations shall not create
noise levels in excess of those allowed in the applicable residential areas in the
noise element of the general plan or in excess of those allowed in residential
property by Chapter 153 of this Code.
5. Size. Cottage Food Operations shall occupy no more of a
residence than the lesser of: (1) thirty percent (30%) of the floor area of the
dwelling excluding the garage area; or (2) the area permitted by the Department.
6. No Signage. Cottage Food Operations shall not install or
post signage or advertisements identifying the Cottage Food Operation at the site
or building where the Cottage Food Operation is located.
7. No Outdoor Sales. No outdoor sales or on-site sales shall be
allowed at the site of the Cottage Food Operation.
8. No dining. If direct sales are proposed at the site of the
Cottage Food Operation, no third parties or customers shall be permitted to dine
at the Cottage Food Operation.
9. Code Requirements. While the use of a residence for a
Cottage Food Operation shall not constitute a change of occupancy for purposes
of building and fire codes, to the extent that building modifications are proposed
(e.g. more walls for storage areas, new electrical panel for range) the Cottage
Food Operation shall meet all Requirements of Chapter 150 (Building) of this
Code.
10. Operational Requirements. Cottage Food Operations shall
comply with the operational requirements as set forth in California Health and
Safety Code Section 114365 et seq."
SECTION 6. The addition to Section 153.220.040 of this Code and the addition of
Sections 153.120.250 through 153.120.270 are intended to supplement Chapter 153 of
the Baldwin Park Municipal Code. Except as expressly modified pursuant to this
Ordinance, all other provisions of Chapter 153 shall remain unmodified and in full force
and effect. All ordinances in conflict with the provisions hereof are superseded to the
extent of such conflict.
SECTION 7. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. This Ordinance shall be effective thirty (30) days after its enactment.
PASSED AND APPROVED ON THE day of , 2015
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on __ --o 2015.
Thereafter, said Ordinance No. 1374 was duly approved and adopted at a regular
meeting of the City Council on 2015 by the following
vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:.
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK
ITEM NO. Iq
ou
SlAFF REPORT
TO: Honorable Mayor and City Councilmembers
SUMMARY
FROM: Marc Castagnola, AICP, Director of Community Developulen
MW
Sam Ghaly, Building Official'
1::;�111"y
DATE: September 2, 2015 i
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF
BALDWIN PARK TO SET FORTH AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL
RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS AS
REQUIRED BY GOVERNMENT CODE SECTION 65850.5.
In 2014, the State of California adopted Assembly Bill 2188, which requires all local jurisdictions to adopt an
ordinance to create an expedited, strea,inlined perinitting process for small residential rooflol) energy systems on
or before September 30, 2015.
Small residential rooftop solar systems include solar photovoltaic systems that are less than 10 kilowatts
alternating current: or solar thernial systems that are less than 30 kilowatts thermal. AB 2188 requires that the
expedited, streanifined perinitting process be sti bs [anti ally in confortnity with the California Solar Permitting
Gtiidebool< adopted by the ("Tovernor's office ofillanning and Research.
FISCAL IMPACT
There is no fiscal impact to the approval of a streamlined permitting process, Ordinance No. 1380.
RECOMMEN 11AT TO
Staff recommends that the City Council open the public hearing and following the public hearing: Introduce
for first reading, by title only and waive further reading, Ordinance No. 1380, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER
156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR
SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS".
BAC!jGI10UND
Assembly Bill 2188, which ainended (3overnment ("ode Section 65850.5 to require all local jurisdictions to
establish procedUres for exiiedited, streaniliried processes for permitting and inspection of solar energy rooftop
systeins for small residential (.1wellings, hicludes the establishment of a checklist containing objeeb\,e
reqisire.nients for the installation of*a .solar energy systern and aprocess for permit applications.
The content of the checklist requires the permit applicant to check the features of the existing residential
dwelling such as proposed location of the solar panels or array, number of panels, kilowatt rating of the system,
roof niaterial, roof pitch, 1-00C fl-aniing members, mounting; hardware, inverter location, electrical disconnect
loc-ation, routing of condLflt, and clearances to comply with all applicable building and fire szifety laws. The
checklist also assists theapplicant in confinning that the, height of the solar energy, systeni will comply with the
district height limit in the City's Zoning. Governinent Code Section 65850.5 reclLiires that the City's checklist
substantially contorni to the C alil"ornia Solar Perinitting ('46debook of the Governor's Office of Plaanin,g and
Research. Additionally, Section65850.5 tUrther hinits the City in conducting only one consolidated inspection
of the solar rooftop system. The law does not allow 1'(,)r additional inspections if the initi8al inspectiot) fails to
Solar Energy Systems
September 2, 2015
Paye 2
find the system to be in compliance with all applicable laws.
Assembly Bill 2188 also amended the California Civil Code, Section 714 to require certification, by an
accredited listing agency as defined by state law, of solar energy system for heating water in single-family
dwellings, and standard performance compliance for solar photovoltaic systems. The amendments to the Civic
Code Section 714 further provide that in the context of private transactions (e.g. HOA restrictions) restrictions
on solar energy systems must not significantly increase the cost of the system or significantly decrease the
efficiency or performance.
LEGAL REVIEW
The City Attorney has reviewed the attached Ordinance No. 1380.
ALTERNATIVES
If the City Council does not approve Ordinance No. 1380, the City will be in default of Government Code
65850.5adotopted by AB 2188.
ATTACHMENT
#1. Ordinance 1380
Attachment I
- — -- ----- ------ - —'"""
—"'Ordinance No. 1380
ORDINANCE NO. 1380
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY
OF BALDWIN PARK ADDING CHAPTER 156 TO
ARTICLE xvi RELATING TO EXPEDITED AND
STREAMLINED PERMITTING PROCEDURES FOR
SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS
WHEREAS, as set forth in Government Code Section 65850.5(a) it is the policy of the
State of California that local agencies encourage the installation of solar energy systems by
feliloving obstacles to, and ininitnizing the costs of, permitting such energy systems; and,
WHEREAS, as set forth in Government Code Section 65850.5(g), cities must adopt an
ordinance on or before September 30, 2015 that creates an expedited and streamlined permitting
process for small residential rooftop solar energy systems; and,
WHERt,'AS, the ordinance must, substantially conform. with the recornmendations set
forth in the California Solar Permitting Guidebook, including the use of a checklist of all
requirements that, if complied with, requires cities to approve the application and issue the
applied for permits; and,
WHEREAS, the City Cotmeil of the City of Baldwin Park finds that it is in the interest
of the health, welfare and safety of the public to provide an expedited permitting process to
encourage the effective development of solar technology; and,
WHEREAS, the City Council of the City of l3aldwin Park finds that the following
ordinance will have the effect of encouraging the installation of small residential solar energy
systems and minimizing barriers, obstacles, and costs of obtaining permits for their installation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park as
follows:
SECTION 1. Chapter 156 "Small Residential Solar Energy System Permits" is hereby added to
Article XVI of the Baldwin Park Municipal Code, as follows:
"Chapter 156 - SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS
Section 156.010 Title.
The ordinance codified in this Article shall be known and designated as the "Small
Residential Solar Energy System Permits " ordinance.
Section 156.020 Purpose.
The purpose of this Article is to adopt an expedited, streanifincd solar permitting process
that complies Nvith the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to
achieve tirnely and cost-effective installations of small residential rooftop solar energy
systems. This Article is designed to encourage the use of solar systems by removing
unreasonable barriers, minimizing costs to property owners and the City, and expanding
the ability ol. property owner's to install solar energy systems, This Article allows the
City to achieve these, goals while protecting the public health and safety.
Section 156.030 Definitions.
A. "Association" McanS a nonprofit corporation oi- unincorporated association created
for the purpose of managing a ConITTIOD, inwivst development.
B. "Board of Appeals" means the Board of Appeals established pursuant to Baldwin
Park Municipal Code Section 150.011
C. "Building department" means the Building Department for the City of Baldwin Park.
D. "Building official" means the Building Official for the City of Baldwin Park.
E. "City" means the City of Baldwin Park.
F. "Common interest development" means any of the following:
1. A community apartment project
2. A condominium project
3. A planned development
4. A stock cooperative
G. "Electronic submittal" means the utilization of one or more of the following:
1. Email
2. The Internet
3. Facsimile cess oialined in
H. "Expedited pernlitting," and "expedited review," means the pro
Section 156-070 entitled "Expedited pen-nitreview and inspection requirements."
I. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact"
cost effective method, condition or mitigation
iticilldes, but is not limited to, any co
unposed by the City oil another similarly situated application ill 8 Prl()t sLicccssf,"ll
application for a similar permit.
J. "Labels" means signage identifying solar equipment, solar equipment ratings, and
warnings of potential hazards. Labels shall be made of durable plastic or metallic
material with edged or engraved letterili& The label description shall comply with
the requirements of the current California Electrical Code.
K. "Reasonable restrictions" on a solar system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specific performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
L. "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
1. For water heater systems or solar swimming pool heating systems: an amount
exceeding 10% of the cost of the system, but in no case niore than $1,000,00, or
decreasing the efficiency of the solar energy system by an amount exceeding
10%, as originally specified and proposed, over the system cost
2. For photovoltaic systems: an amount not to exceed $1,000.00
as originally specified and proposed, or a decrease in system efficiency of an
amount exceeding 10% as originally specified and proposed.
M. "Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is not larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to'all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the City of Baldwin
Park and all State of California health and safety standards.
3. A solar energy system that is installed on one and two-family homes of R3
occupancy as defined by the California Building Code.
4. A solar panel or module array that does not exceed the maximum legal building
height as defined by the City of Baldwin Park.
N. "Solar energy system" means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for space
heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for electricity
generation, space , heating, space cooling or water heating.
la
O. ,Specil'�'ic,,idvet-seinipacf'iiiean.sasignirioaiit,qLtantifial)le.,diiecttllidui voidable
safety standards,
impact, based on. objective, identified and written public health orsaf standards,
policies or conditions as they existed on, the date the application was deemed
complete.
Section 156.040 Applicability.
This Article applies to the permitting of all sinall residential rooftop solar energy systems
in the City, Small residential rooftop solar energy syste'lls legally established or
Permitted prior to tile effective date of this cliapter are notsilbJect to the requirements of
ss physical modifications or alteratiows are undertaken that, materially
this chapter uIlle a small rooftop energy system ill such a way as to
cliange the size, type, or cojilpoilents of like -kind replacements
require new permitting, Routine operation and maintenance or
shall, not require a permit.
Section 156-050 Solar Energy System Requirements.
A. All solar energy systems shall meet applicable health and safety standards and
y the City and the State of California
requirements imposed b le-fainily residences and for heating
B. Solar energy systems for beating water in sing
water ill commercial or swimming pool applications shall be certified by an
acereditcd listing agency as defined by tile California, Plumbing and Mechanical
Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and
performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing Laboratories such as
Underwriters Laboratories mid, where applicable, rules of the Public titilities
Commission regarding safety and reliability.
Section 156.060 Duties of Building Department and Building Official.
A. All documents required for the sul)inission of an expedited small residential rooftop
solar energy system application shall be made available on the City's publicly
accessible website.
B. Electronic submittal of the required permit application and documents via email, the
City's website, or facsimile shall be made available to all small residential rooftop
solar energy system permit applicants.
C. An applicant's electronic signature shall be accepted on all forms, applications, and
other docurnents in lieu of wet signature.
D. The Building Department shall adopt a standard plan and checklist of all requirements
with which small residential rooftop solar energy systems shall comply with to be
eligible for expedited review.
E. The small residential rooftop solar system permit process, standard plans,, and
checklist shall substantially conform to the recollimendations for version
ited
permitting, including the checklist and standard, contained in the most current
of the California Solar Permitting Guidebook adopted by the Governor's office of
Planning and Research. -top solar energy
F. All fees prescribed for the permitting of small residential roof
systems irnis, comply , Nvith, Government Code Sections 65850.55 and 66015and
Health & Safety Code Section 17951.
Section 156.070 Expedited permit review and inspection requirements.
A. The Building Department shall adopt an administrative, nondiscretionary review
process to expedite the approval Of small residential, rooftop solar energy system
applications within 30 days of adoption of this Article. For an application for a small
�Oof trerrients of the approved
residential I top solar energy system that meets the requi
checklist and standard plan, the Building Department shall issue a building permit or
other non-discretionary permit in a timely manner and no later than ant
workindays
from the day of submittal. A building official may require an applito apply or a
use permit if the official finds, based on substantial evidence, that the solar energy
system could'have a specific, adverse imp�act Lipon, the public health and safety. Such
decisions inay be appealed pursuant to the procedures outlined in Section 150-011 of
this code. on shall be limited to the building official's review of whether
the applican
B. Review of the applioati insets local, state and federal health and safety requirements.
t
C. if a use permit is required, a building off ci,-
,d may deny, an application for the use
permit if (lie official makes written findings based upon substantive evidence in the
ed installation would have a specific, adverse impact upon
record that, the PrOPOS s no feasible method to satisfild0filY mitigate or
public health or safety and there i
avoid the specific, adverse impact. Such findings shall include the basis for the
rejection of the potential feasible alternative for preventing the adverse impact. Such
decisions May be appealed pursuant to procedures outlined in Section 150-011 of this
code.
D, Any condition imposed on all, �jp s d to mitigate the specific,
, p] , jc,,jtion shall be de,ignc
adverse impact uThe City shall 'use
po possible cost.
n health and safety at (Ile, lowest
its best ef`folls to ensure drat the selected method,,method,,condition, or mitigation meets the
conditions of Civil Code Section 714(d,)(1)(A)-(B).
E. The City shall not condition the approval of an application on the approval of an
association as defined in Civil Code Section 4080.
F. if an application f'or a sin -all residential rooftop solar energy system is deemed
incomplete, a written correction notice detailing all deficiencies in the application and
any additional information or docunientation required to be eligible for expedited
per shall be sent to, the applicant for resubmission.
G. Only one inspection shall be required and performed by the Building Department for
small resideritial rooftop solar energy systems eligible for expedited review.
H. 'I'he Inspection shall be done it, a timely manner and should include consolidated
inspections. An inspection will be scheduled within two business days of a request
and will provide the applicant with a two-hour inspection window. subsequent
1. If tile small residential rooll -lils ir'sPect'011,
, op solar energy system f,
inspectioti(s) is/are authorized and re -inspection fees illay be assessed if the
ilist-,jilation repeatedly fails to Meet the safety standards of the tillilojing and Electrical
codes or if access to the work site is hinited or restricted repcatcdly;
Section 156-080 Fees.
A, Separate, permit and plans review fees will be required for solar energy systems
reimburse the City for stafftinic incurred and
pursuant to this article, I'Ire fee shall
resources expended in its administration of this article, Systems Plans
B. 'rhe Residential Solar Systems Permit Fee and the Residential Solar S
Review Fee shall
ybc set by Resolution as approved by the City Council.
C. Additional, hourly re-inspectioll fees as set forth in the City's Fees Schedule may be
assessed on a projects that repeatedly fail inspections."
SECTION 2. if any section, subsection, subdivision, paragraph, mons
,lauserphraseof
thisarticle, or any part thereof, ior any reasohld to b: titutional, or invalid or
ineff ioln, such decision shall not affect the validity -L or
,ective by any court of competentjurisdict
effectiveness of the remaining portions of this article or any part thereof, The City COL11 C"
hereby declares that it would have passed each Section, SUbsection, subdivision, ptuag),aph,
sentence, clause or Phrase of this article irrespective of the fact that one, or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional
or invalid or ineffective. To this end, the provisions of this article are declared to be severable.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance and it
shall take effect thirty (30) days after its passage.
PASSED AND APPROVED ON THE day of .
2015.
CITY OF BALWIN PARK
WA- MEL LOZANO
MAYOR
ATTEST
ALEJANDRA AVILA
CITY CLERK
STATE OF CALIF01.NIA
co'uN-r OF [,OS ANO C LES ) ss:
CITY OF BALDWIN PARK )
hereby
I, ALEJANDRA AVILA, City Clerk of the City and Park,aldwin laced upon its first reading at a
that the foregoing Ordinance was regularly introducedp 201 is Thereafter, said
regular meeting of the City Council on the 2nd day of September,
Ordinance No. 1380 was duly adopted and passed at a regular meeting of the City Council on the
day of __ _ __, 2015, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Al EJANDRA AVILA
CITY CLERK
ITEM NO.
0 Z4
ly
STAFF REPORT
TO: Honorable Mayor and City Councilmembers
LD
of r FROM: Sijannon Yauclizee, Chief Executive Officer
err/,vel/
�4 �� � � d ,' DATE: August 1 , 015
b SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK REQUIRING SPECIFIC FINDINGS BY THE
CITY COUNCIL AND VOTER APPROVAL BY A SUPER MAJORITY BEFORE
CONTRACTING OUT GENERAL POLICE SERVICES
SUMMARY
This report requests that City Council introduce, for a first reading, an Ordinance which would require that
specified studies, surveys and suppoiling data be prepared and presented, and that a subsequent ballot measure
would be presented for voter approval prior to the City negotiating and approving a contract for general police
services.
FISCAL il1!ll�`A '1
There is no fiscal impact associated with this action at this time however there would be cost associated with
adding such an item on the ballot should that ever occur.
1 ECOMMENDA"1"ION
Steal' recommends that Council introduce for a first reading, by title only and waive further reading, of
Ordinance No. 1376, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
REQUIRING SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER APPROVAL BY A SUPER MAJORITY BEFORE
CONTRACTING OUT GENERAL POLICE SERVICES."
BACL(ROUNI)
Pursuant to City Council direction, the City Attorney authored this Ordinance with the purpose of providing a
clear process which will be executed should the City be faced with the need to consider contracting with an
outside agency to provide law enforcement services. The Ordinance does not preclude the City from
contracting out fear specialized police services or entering into mutual aid agreements with other law
enforcement agencies.
This Ordinance will require that specific criteria are met and information is presented to an ad hoc committee
for review. The Ordinance also requires an independent auditor to prepare a report, evaluating the cost
implications associated with contracting out of law enforcement services. With this information and report, the
ad hoc committee will evaluate and prepare a recommendation to City Council.
This Ordinance will also require an approval by a super majority of 55% of voters of the City which will be
presented in a ballot measure at any general municipal election.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTER AA IVrS
Council may choose to not approve the Ordinance and, instead, direct staff to prepare a Measure to be placed on
a voters ballot for the next general :uninicipal election, or Council may choose to take no action.
AT-I"AC1 MENTS
#1, Ordinance No. 1376
ORDINANCE NO. 1376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
REQUIRING SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER
APPROVAL BY A SUPER MAJORITY BEFORE CONTRACTING OUT GENERAL
POLICE SERVICES
WHEREAS, the City Council of the City of Baldwin Park hereby finds and declares that,
in order to ensure minimum service levels, accountability, and a police force that is aware of
community needs, the City of Baldwin Park shall maintain its own police department for general
police services and shall provide such service by City employees.; and
WHEREAS, the City shall be prohibited from utilizing an alternative law enforcement
provider for general police services, absent specified findings and voter approval by a super
maJority vote of 55% as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance shall be known and may be cited as the "Let the People
Vote: Vater ,approval Required for Contracting of City Police Services." For purposes of
this Ordinance, the City of Baldwin Park may be referred to as "City" or "Baldwin Park."
Section 2. I. Before the City may seek voter approval for contracting out general
police services as specified herein, the following lindings must be made by the City CotindI:
(,,a), l.Arsting emergency response tines and service levels, including but riot limited to
ori -duty staaffing level„ facilities, and equipment, shall be maintained or enhanced.
(b), There shall not be an increase in cost to the policing allocation, or if a savings to
any fund is projected, it shall not lie as a result of significant service alterations or reductions.
Stich (Indings shall be compiled in a written report and presented to an ad hoc committee
of residents appointed by the city council. This committee shall also be presented with a written
report prepared by an independent auditor, evaluating all financial costs incurred by the, City as a.
result of the proposed decision to contract out general police services, This committee shall.
develop a written recommendation to be presented to the city cou11161 in open session, regarding
the proposed decision to utilize an alternative provider for general police services. The number
of committee members, composition, and qualifications shall be determined by a Resolution of
the City Council.
II. No less than six (6) months prior to any decision to utilize an alternative provider for
general police p services, the proposed utilization shall have been approved by a super trigjority of
55% of the voters of"the City voting thereon at any general municipal election.
III. In the event the City does not comply With this Ordinance and legal action is needed
to enforce the provisions, upon prevailing in such enforcement action, the person bring such
action shall be entitled to reasonable attorney's fees.
Section 3. The Chief Executive Officer or its designee is authorized to take action as
may be necessary to implement this ordinance.
Section 4. Nothing in this Ordinance shall preclude the City from contracting for
specialized police services or entering into mutual aid agreements with other law enforcement
agencies.
Section 5. The Mayor of the City of Baldwin Park City Council is hereby authorized
to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City
of Baldwin Park.
Section 6. The City Clerk of the City of Baldwin Park shall certify to the adoption of
this Ordinance and cause the same to be posted and/or published as required by law.
Section 7. This Ordinance shall go into effect and be in full force and operation from
and after thirty (30) days from the date of its final passage and adoption.
Section 8. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or
phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance or its application
to other persons. The City Council hereby declares that it would have adopted this Ordinance
and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this
2°d day of September, 2015.
MAYOR
ATTEST:
CITY CLERK
State of California
County of Los Angeles ss:
City of Baldwin Park
I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing
Ordinance No. 1376 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on August 19, 2015. Thereafter, said Ordinance No. 1376 was duly
approved and adopted at a regular meeting of the City Council on September 2, 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2
ITEM NO40
.
TO: Honorable Mayor and City Councilmembers
coo << FROM: Daniel Wall, P.E., Director of Public Works / City Engineer
SMSdAJIEEL � DATE: September 2, 2015
saL�'E Y
fSUBJECT: AMENDMENT OF GENERAL ON-CALL PROFESSIONAL
'JA,
SERVICES AGREEMENTS
SUMMARY
1°his item will amend the three General On -Call Professional Services Agreements (PSAs) that the City Council
Approved on June 18, 2014. Approval of this item would make changes to the compensation section of all three
agreements and would add Building Inspections and Plan Check Services to the scope of services to be
provided by Infrastructure Engineers. At the August 19, 2015, City Council Meeting, this item was pulled from
the agenda and staff was directed to bring it to the September 2, 2015, City Council meeting with changes to the
proposed amendments to the PSAs .
FISCAL IMPACT
The Adoption of this item has no impact at this time to the General Fund or any other City Funds. Services to be
performed by the consultants would be paid for with appropriated funds.
II,E OMMLNDATION
It is recommended that the City Council authorize the amendments to the three General On -Call Professional
Services Agreements.
BACKGROUND
Its order to expedite the delivery of Capital Projects requiring the services of consultants, on June 18, 2014, the
City Council took the following actions:
Entered 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,
Entered into a three-year on-call professional services agreement with Vanir Construction Management of Los
Angeles for Project Management, Construction Management, and Inspections Services for Building Projects;
Landscape Architecture: Design Services; Pavement: and Geotechnica] and Materials Testing Services;
Environmental Document Services; Conimunity :Relations/Public Ovitreach Services; Grant Writing Services;
and Labor Compliance Services; and,
Entered into a three-year on-call professional services agreement with La Canada Design Group of Pasadena for
Architectural Design Services.
The proposed contract amendments will add Building Inspection, Plan Checking and Contract Administration,
including value engineering, constructability review, and quality control to the services to be provided by
Infrastructure Engineers.
On -Call Professional Services Agreements
September 2, 2015
The proposed contract amendments will change Section 7 of all three Agreements from the current:
7. Compensation
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in
future amendments to this agreement. Total Compensation, including reimbursement for actual expense, shall
not exceed ten thousand ($10,000), unless additional compensation is approved in writing by the Chief
Executive Officer or the City or the City Council.
The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures
reasonably incurred in the performance of this Agreement.
To the Proposed:
7. Compensation
A. All task orders issued to the Consultant shall be authorized by the City's Chief Executive Officer or his
designated Director and agreed by the Consultant. The task order must specify the scope of work, duration of
the task assigned, and the amount of compensation, and shall not exceed one -hundred twenty thousand dollars
($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consultant for each service which Consultant performs to the satisfaction
of the City in accordance the scheduled Hourly Rates and Price Sheet set forth in Exhibit A of the Agreement.
Payments will be made only after submission of milestone work product and submission of proper invoices in
the forms specified by the City.
C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are
beyond the scope of issued task orders shall be paid by CITY.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
Alternatively, the City Council could choose to continue with the on-call professional services agreements as -is,
or change the amount not requiring Council approval to some other amount, and/or change the fiscal year
spending cap to some other amount.
ATTACHMENTS
1. Professional Services Agreement Amendment with Infrastructure Engineers
2. Professional Services Agreement Amendment with Vanir Construction Management
3. Professional Services Agreement Amendment with La Canada Design Group
AMENDMENT TO AGREEMENT FOR SERVICES
This amends the Agreement is entered into on the 18th day of June, 2014 by and between
the City of Baldwin Park ("CITY") and La Canada Design Group ("SERVICE PROVIDER").
A. Change in Compensation
Remove section 7. Compensation and replace it with the following:
7. COMPENSATION
A. All task orders issued to the Consultant shall be authorized by the
City's Chief Executive Officer or his designated Director and
agreed by the Consultant. The task order must specify the scope of
work, duration of the task assigned, and the amount of
compensation, and shall not exceed one -hundred twenty thousand
dollars ($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consultant, for each service which
Consultant performs to the satisfacti.on of the City in accordance
the schedLIled Ilou:rly fates and Price Sheet set forth in Exhibit A
of the Agreement. Payments will be made only alter submission of
ni lestone work product and submission of prober invoices in the
forms specified by the City.
C. Additional Services. No claims for additional services performed
by SERVICE PROVIDER which are beyond the scope of issued
task orders shall be paid by CITY.
TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have
caused their duly authorized representatives to execute this Agreement on the dates set forth
below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF BALDWIN PARK
Manual Lozano, Mayor
Date
SERVICE PROVIDER:
By:
name and title
Date
ATTEST: By:
City Clerk
name and title
Date ..... Date
AMENDMENT TO AGREEMENT FOR SERVICES
This arnends the Agreement entered into on the l 8th day of June, 2014 by and between
the City of Baldwin Park: rC rrN "l and Vanir Construction Management ("SER" IC19:
PROVIDER").
A. Change in Compensation
I . Remove section 7. Compensation and replace it with the following:
7. COMPENSATION
A. All task orders issued to the Consultant shall be authorized by the
City's Chief Executive Officer or his designated Director and
agreed by the Consultant. The task order must specify the scope of
work, duration of the task assigned, and the amount of
compensation, and shall not exceed one -hundred twenty thousand
dollars ($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consultant for each service which
Consultant perl.orrrrs to the satisfaction of the City in accordance
the scheduled Rourly Rates and Price Sheet °pct forth in Exhibit. A.
of the Agreement. Payinents will be in ade rarely after sttbrnission of
milestone weak product and submission of proper invoices in the
forms specified by the City.
C. Adalitiorral Services. No claims for additional services performed
by SERVICE PROVIDER which are beyond the scope of issued
task orders shall be paid by CITY.
TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have
caused their duly authorized representatives to execute this Agreement on the dates set forth
below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF BALDWIN PARK SERVICE PROVIDER:
Manual Lozano, Mayor
Date
ATTEST:
City Clerk
Date.m
By:
name and title
Date
By
name and title
Date
AMENDMENT TO AGREEMENT FOR SERVICES
This amends the Agreement is entered into on the 18th day of June, 2014 by and between
A
the City of Baldwin Park ("CITY") and
B
Ljjf�L,jgrqqpre Lji&iq��qrs ("SERVICE PROVIDER"). 1)
A. Additional Scope of Work
1. CITY has determined that it requires the following professional services from a
SERVICE PROVIDER: RWIdiag_ Ls,_qn
_j"s ection and Plan Check 5ervjqe_ _d _.Qgqt!A9
Adn,iiLiist,gition inch0_111g value en 6necrh g,
�Cructab�ijil LvieNygnd_qttaj —qontrQ!in
fily
pntqthe qthgKservices,s ecijjcd Ln (h cement,
2. SERVICE PROVIDER represents that it is fully qualified to perform such
professional services by virtue of its experience and the training, education an(] expertise of its
principals and ernployees, S14IRVICE PROVIDER further represents thfit it is willing to accept
responsibility for performing S1.1ch services in accordance with the terms and conditions of the
Agreement.
B. Change in Compensation
Remove section 7. Compensation and replace it with the following:
7. COMPENSATION
A. All task orders issued to the Consultant shall be authorized by the
City's Chief Executive officer or his designated Director and
agreed by the Consultant. The task order must specify the scope of
work, duration of the task assigned, and the amount of
compensation, and shall not exceed one -hundred twenty thousand
dollars ($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consjilt,
ant for each service which
Consultant performs to the satisfaction of the City in accordance
the scheduled Hourly Rates and 11rice Sheet set forth in Exhibit A
of the Agreement. PayinCrItSwill be made only after submission of
milestone work, product and submission of proper invoices in the
forms specified by the City.
C. Addition it SqEyices. No claims for additional services performed
by SERVICE PROVIDER which are beyond the scope of issued
task orders shall be paid by CITY.
TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have
caused their duly authorized representatives to execute this Agreement on the dates set forth
below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF BALDWIN PARK
Manual Lozano, Mayor
Date
SERVICE PROVIDER:
By:
name and title
Date .......
ATTEST: By:
City Clerk
Date
name and title
Date
2
ITEM NO
STAFF REPORT
YZA U�
; �
TO: Honorable Mayor and Councilmembers
AN sar � FROM: Marc Castagnola, AICP, CommunityD, c opment Director
°= Amy L. Harbin, AICP, City I latina m
"D J00
DATE: September 2, 2015
SUBJECT: Consideration of adoption an Interim Urgency Ordinance
establishing a moratorium on new or the expansion of massage
establishments. (Urgency Ordinance)
SUMMARY
This report requests City Council adoption of an interim urgency ordinance establishing a moratorium
on the establishment of new and expansion of existing massage establishments within the City of
Baldwin Park.
FISM"AL 1MPACT
There is no fiscal impact associated with this item.
,RE( 11 OM M I+ N DATI ON.
Staff recorrrrrrerrds City :council waive further reading, read by title only and adopt Ordinance No. 1378
entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK
DECLARING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION
OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK,
AND DECLARING THE URGENCY THEREOF".
BACKGROUNDIDISCt,fSSI ON
Prion to 2009, the State of Cali:fbr-rria did not uniformly regulate massage businesses or professionals,
rather local jurisdictions tried to regulate illegitimate massage establishments through the enactment
and enforcement of vastly different vice ordinances. Supporters of the massage industry were of the
opinion that some of the ordinances were unnecessarily harsh and in an effort to establish uniform
regulations, SB 731 was approved.
SB 731, entitled the Massage Therapy Act created the Ma saL,,q 1 l�q 'garrizaa rii and established
limits on the power of local governments to regulate massage professionals by requiring separate local
jurisdiction permitting and testing in order to practice within said local jurisdiction. A subsequent
amendment to SB 731, AB 619 further limited local governments to regulate these establishments by
requiring them to be classified the same as other `professional services', such as medical offices.
Additionally, AB619 changed the name of the Massage Therapy Organization to the California
�la�sac T1�c���a t�'mprrrra.,a:..��,°AMl
In 2012 SB 1238 was passed which expanded AB 619 by adding additional requirements including
more school credit hours, examination and training hours, grounds for suspension of licenses and
sharing of information between local law enforcement and the CAMTC.
Massage Establishments
Urgency Ordinance
September 2, 2015
Page 2
In anticipation of the sunset of SB 731, AB 1147 went into effect in 2015 and generally divided
responsibilities for massage regulation between the State of California (certification of massage
professionals the CAMTC) and local governments (regulation of massage businesses through their
regulatory and land use authority). AB 1147 closed the gap in existing law and essence allows the
following:
1) Reorganizes the CAMTC Board of Directors with a broader representation of
stakeholders, including a City Attorney, a Police Chief, a Public Health Official and a
member from an anti-human trafficking organization.
2) Sets new education requirements to obtain CAMTC certification.
3) Allows CAMTC to regulate certified individuals, including discipline.
4) Returns local land use authority to local governments by authorizing local
governments to require conditional use permit, hours of operation. Cities can now
adopt local ordinances that govern zoning, business licensing and reasonable health
and safety requirements for establishments.
What AB 1147 does not allow local governments to regulate includes:
1) Define a massage establishment as an adult entertainment business.
2) Require a massage establishment to have windows or walls that do not extend from
floor to ceiling or have other internal physical structures (such as windows) that
interfere with a client's privacy.
3) Require a person certified by the CAMTC to take any test, medical examination or
background check
4) Require a person certified by the CAMTC to get a license, permit or other
authorization to provide massage, unless that person is a business owner.
Currently, the City's Municipal Code as written does not permit massage establishments which may
put the City in conflict with State Law. Additionally, because massage establishments are not
permitted, the City has no current development standards (hours of operation, conditional use permit,
minimum lighting standards, etc.) for these types of establishments. Adoption of the moratorium will
allow the City time to craft development standards to protect the health, safety and welfare of the City.
If adopted by 4/5th of a vote of the City Council, this moratorium would prevent the establishment of
new massage establishments and the expansion of existing massage establishments on any property
located within the City Limits. It would take effect immediately and expire in 45 days unless extended
by the City Council. The Council may extend the moratorium for up to an additional 10 months and
15 days following a public hearing.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
The City Council could choose not to adopt the Interim Urgency Ordinance moratorium and the City
would be at odds with state law and no development standards to regulate any massage establishments.
CMmy\AMY\WORD\Reports\Council Reports\massage Urgency.doc
Massage Establishments
Urgency Ordinance
September 2, 2015
Page 3
ATTACHMENT
# 1, Ordinance No. 13 78
CAAmyWMY\WORD\Reports\Council Reports\massage Urgency..doc
ATTACHMENT #..
ORDINANCE 1 378
URGENCY ORDINANCE NO. 1378
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
BALDWIN PARK DECLARING A MORATORIUM ON THE
ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING
MASSAGE ESTABLISHMENTS WITHIN THE CITY OF
BALDWIN PARK, AND DECLARING THE URGENCY
THEREOF.
WHEREAS, prior to 2009 the State of California did not uniformly regulate massage
businesses or professionals and local jurisdictions enacted a variety of different ordinances
to regulate massage businesses and professionals; and
WHEREAS, the California Legislature subsequently enacted SB 731, entitled the
Massage Therapy Act which established limits on local jurisdictions to regulate massage
professionals; and
WHEREAS, AB 619 was a subsequent amendment to SB 731 and further limited
local governments to regulate these establishments by requiring them to be classified the
same as other `professional services' such as medical offices; and
WHEREAS, in 2012, SB 1238 was passed by the State Legislature which expanded
AB 619 to include additional requirements for professionals and the sharing of information
between the California Massage Therapy Council and local law enforcement; and
WHEREAS, the state laws had the unintended consequence of resulting in a
proliferation of massage establishments throughout California, many of which were or are
believed to be fronts for prostitution and/or human trafficking; and
WHEREAS, in the anticipation of the sunset of SB 731, AB 1147 went into effect in
2015 and divided responsibilities for massage regulation between the State of California
and local governments; and
WHEREAS, AB 1147 returns local land use authority to local governments and cities
can now adopt local ordinances that govern zoning, business licensing, and reasonable
health and safety requirements for establishments, even if the same requirements do not
apply to other professional service providers; and
WHEREAS, the City Council finds that the oversaturation of massage
establishments, changes the character of a neighborhood, causes blight and impacts
quality of life and the local economy by compromising public trust; and
WHEREAS, there is a need to study existing and potential land uses within the City
to assure compatibility between the location of massage establishments and surrounding
properties, and to consider revisions to the zoning ordinance accordingly to conform to the
General Plan.
Urgency Ordinance -1378
Massage Establishments
September 2, 2015
Paae 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The City Council hereby adopts each recital set forth above as a
finding of the City Council.
SECTION 2. The City Council further finds that the establishment of new and or
expansion of existing massage establishments may constitute a current and immediate
threat to the public health, safety or welfare in that such uses may impose adverse impacts
on surrounding properties, including but not limited to an increase in crimes, and upon that
basis has determined that an interim urgency ordinance pursuant to Government Code
Section 65858 is warranted.
SECTION 3. Pursuant to Government Code § 65858, the City Council hereby
declares a moratorium on the establishment of new massage establishments and the
expansion of existing massage establishments within the City and on the issuance of any
permits, approvals, or entitlements for use for such development, including but not limited
to subdivisions, use permits, variances, building permits, or any other applicable permit or
entitlement for use which is required in order to comply with the City's zoning ordinances or
with Baldwin Park Municipal Code Chapter 124. The moratorium declared and
established by this Section 3 shall remain in effect 45 days after the date of enactment of
this ordinance.
SECTION 4. City staff is directed to study appropriate modifications to the City's
massage and zoning ordinances to reduce and/or mitigate negative secondary effects
created by the number, location and illicit uses of massage establishments. Pending the
completion of such studies and the adoption of an ordinance to establish appropriate
operational and zoning regulations, it is necessary for the immediate preservation of the
public, health, safety and welfare that this ordinance takes effect immediately. In the
absence of immediate effectiveness, massage establishment uses in the City may be in
conflict with regulations or requirements established with respect thereto.
SECTION 5. This ordinance shall not preclude the continued operation of any
lawfully existing massage establishment uses which are not seeking to expand, convert,
relocate or otherwise change their use, or the opening or commencement of any massage
establishment uses as a new business for which all discretionary and non -discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 6. This ordinance is an interim ordinance and shall take effect
immediately. This is an interim ordinance adopted pursuant to Section 65858 of the
Government Code and shall expire forty-five (45) days after the date hereof unless
extended pursuant to the provisions of said section.
SECTION 7. The City Council on the basis of the whole record and exercising
independent judgment finds that this Interim Urgency Ordinance is not subject to
C:\Amy\AMYNWORDtResolutionsOrdinancestCounciI OrdinancestMassage Moratorium #2 doe
Urgency Ordinance -1378
Massage Establishments
September 2, 2015
Paae 3
environmental review pursuant to the State Guidelines for Implementation of the California
Environmental Quality Act Sections 15060(c) (2) and 15060(c)(3) pertaining to activities
that will not result in a direct or reasonably foreseeable indirect change to the environment
and that are not defined as a project under Section 15378. This Ordinance has no
potential for resulting in physical change to the environment directly or indirectly in that it
prevents change to the environment pending the completion of the contemplated research
and studies.
SECTION 8. If any part or provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances, shall not be affected and shall
continue in full force and effect. To this end, the provisions of this ordinance are severable.
SECTION 9. This Urgency Ordinance shall go into effect immediately upon adoption
by a four-fifths vote of the City Council.
APPROVED, PASSED AND ADOPTED this 2nd day of September, 2015.
Manuel Lozano, Mayor
ATTEST:
Kristi Russell
Chief Deputy City Clerk
ATTEST:
C:Wmy\AMY\WORD\ResolutionsOrdinances\Council Ordinances\Massage Moratorium #2 doc
Urgency Ordinance -1378
Massage Establishments
September 2, 2015
Page 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BALDWIN PARK )
I, Kristi Russell, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance 1378 was adopted as an urgency matter at a regular
meeting of the City Council held September 2, 2015, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Kristi Russell, Chief Deputy City Clerk
C:Wmy\AMY\WORD\ResolutionsOrdinances\Council Ordinances\Massage Moratorium #2.doc
ITEM NO.
STAFF REPORT
y LC, TO: Honorable Mayor and City Councilmembers
FROM: Daniel Wall, P.E., Director of Public Works /City Engineer
DATE: September 2, 2015
SUBJECT: APPROVAL AND ADOPTION OF RESOLUTION No. 201 -11�I2
ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE
13500 BLOCK OF CORAK STREET
SUMMARY
'inrestricted parking along Corak Street between Baldwin Park Boulevard and the end of the cul-de-sac creates
a situation in which the street cannot be used for parking by residents. This resolution will ban vehicles without
a permit from parking between the hours of 6:00 pm and 6:00 am on this section of street.
FISCAL IMPACT
The initial cost of implementing a preferential parking zone will be less than $300 which will be paid for using
restricted Gas Tax Funds. This will have no impact on the General Fund.
RECOMMENDATION
It is reconmierided the. City Council adopt Resolution No. 2015-092 "A 1 ESOLU]"ION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ES'I"ABLISIII'NG A PREFERENTIAL
PARKING ZONE ON THE 13500 BLOCK OF CORAK STREET".
BACKGROUND
During the Public Comments section of the City Council meeting on July 15, a resident from the 13500 block of
Corak Street mentioned that cars from area apartment complexes were parking in this cul-de-sac impacting the
quality of life for its residents. The resident asked if there was something that that City could do. In
response, The City Council directed that the City Engineer look into the matter. Surveys were sent to all 12
addresses along this block to determine if there is support for establishing a preferential parking district (similar
to the one on North Badillo). Of the 12 surveys sent out, 9 responses were received by the August 20, due date.
Of the surveys received, eight were in favor of establishing a parking permit district and only one was opposed.
The attached resolution will completely ban vehicles without a permit from parking between the hours of 6:00
pm and 6:00 am on the north side of the street. The parking restrictions will be enforced by citation or by the
towing of vehicles that are unlawfully parked.
If the City Council adopts this resolution, two parking permits will be mailed to each of the 12 homes on the
13500 block of Corak Street between Baldwin Park Boulevard and the end of the cul-de-sac. The permits will
be free. The permits will be issued on a permanent basis with free replacement upon loss or destruction. Each
permit is registered for a specific address
LEGAL REVIEW
Review by the City Attorney is not required.
Establishment of Preferential Parking Zone
September 2, 2015
Page 2
ALTERNATIVES
Tlie (,,'a] i foruia, "vehicle Code provides the City Council has a great deal o F discreti on in establ i.sh i rig preferential
parking districts at locations throughout the City. In ;addition to choosing which streets to include within a
parking district, the City Council can choose parking restrictions for a district, and the rules for parking permits
to be issued in a district.
AWACHMENTS
A. Resolution Establishing Preferential Parking Zone
Attachment A
RESOLUTION NO. 2015-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, ESTABLISHING A PREFERENTIAL PARKING
ZONE FOR THE 13500 BLOCK OF CORAK STREET
WHEREAS, California Vehicle Code Section 22507 authorizes the City, by
ordinance or resolution, to establish preferential parking zones upon certain streets
within the City wherein preferential parking privileges may be given to residents or
merchants adjacent to such streets; and,
WHEREAS, The City Council finds that the currently unrestricted parking along
the 13500 block Corak Street creates a situation in which the street cannot be used for
parking by the residents which substantially and unreasonably, regularly interferes with
the use of a majority of the available street parking on this block; and,
WHEREAS, Vehicle Code Section 22651(n) permits the tow away/impound of
vehicles where a city adopts a resolution prohibiting parking where signage provides
notice of such a consequence.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. A preferential parking/tow away zone on Corak Street for the 13500
block shall be established and enforced, and the appropriate street signs shall be
installed.
SECTION 2. Except as otherwise provided in this Resolution, it shall be unlawful
for any person to park any motor vehicle on the street along the north side of the 13500
block of Corak Street between the hours of 6:00 pm and 6:00 am without a properly
displayed parking permit issued by the City of Baldwin Park.
SECTION 3. A maximum of two (2) parking permits per dwelling unit along
13500 block of Corak Street shall be issued provided the following conditions are met:
(1) Permits are free. (2) Permits are issued on a permanent basis with replacement
upon loss or destruction. (3) Each permit is registered for a specific address (4) All other
parking restrictions must be observed.
SECTION 4. Vehicles improperly displaying a parking permit that park in the
preferential parking/tow away zone are subject fines and penalties in accordance with
Section 72.04 (F) of the Baldwin Park Municipal Code and/or impoundment.
PASSED, APPROVED, AND ADOPTED this 2nd day of September 2015.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARKI
Resolution No. 2015-092
Page 2 of 2
I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify
that the foregoing Resolution No. 2015-092 was duly adopted by the City Council of the
City of Baldwin Park at a regular meeting thereof held on September 2, 2015 and that
the same was adopted by the following vote to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ALEJANDRA AVILA
CITY CLERK
S'YAFF REPORT
TO:
Honorable Mayor and Members of the City Council
HUR01
FROM: Daniel Wall, P.E., Director of Public Works
V' iYJ
SA�
carr LDATE: August 5, 2015
SUBJECT: APPROVE AGREEMENT FOR THE DESIGN OF THE SAN
GABRIEL RIVER BIKEWAY
SUMMARY
This item will approve a consultant services agreement with Psomas, Inc. for the design of approximately three
miles of class I fully bikeway along the San Gabriel River from Ramona Boulevard to Walnut Creek connecting
with Walnut Creek Nature Park and continuing onto Baldwin Park Boulevard, along Los Angeles County Flood
Control easements.
FISCAL -IMPACT
This project will have no impact on the General Fund. MTA Call for Project funds, and restricted Prop C funds
will be used for project design. The fee for the scope of work in the agreement is $355,740
lkliX 0 MM F, �ND AT 10 N
It is recorninended that the City Council approve the consultant services agreement with Psomas , Inc. for the
design of the San Gabriel River Commuter Bikeway and authorize the Mayor to execute the same.
LEGAL RL' VIEW
The standard Consultant Services Agreement was prepared by the City Attorney and so further review is not
necessary.
BACK -GROUND
Through the KiTA Call 'for Projects, the Departinent of Public Works applied for a grant to design and build a
bikeway along the San Gabriel 16ver from Ramona Boulevard to Walnut Creek Wa
shdaongWalnutCreek
Wash connecting to Walnut Creek Nature Park and continuing on to BaldwiPark Boulevard , The grant
provides $483,728 for the project and requires that the City match a, mininium of $336,150 in local funds. Tile
City will use restricted Prop C funds for this match, Wolehjbeaiiingr�agfbrcan�Last December, after havingadvertised theRequest
for Proposals (RFP) for tile designofthis projectthe City received proposals ftom four firms. Part of the
required proposal submittal, included a preliminary cost estimate for the construction of the project as described
in the RFII, When the four firms submitted construction cost estimates well in excess of available funding, the
project was placed on -hold while additional outside funding was, sought through a competitive grant process.
Unfortunately the City did, not rece:ive additional funding ror this project, and the deadline for spending the
existing grant funding previously, awarded is rapidly approaching.
Of the four t"irins that submitted proposals for this project (KOA Corp, Placeworks, Psornas and WRC
Consulting Services, Inc.), Psomas was deterrnined to be the most qualified (having recently completed the
design and managed the construction of several similar bikeways along Los Angeles County Flood Control
Channels). In addition, Psomas' proposed cost was in line with the proposed costs from the other firms for the
prqject as originally scoped. Since 'the original project scope exceeded available funding, Public Works staff
value engineered the project and relined tile scope so that the runctionally of the bike path and the grant
requirements would be met while the overall cost would be reduced to match available funding. With the
refined project scope, Public Works staff negotiated a $100,000 reduction in Psomas' proposed fees. This
project, though aduflnistered by the M"I"A, is Raided with federal money. Therefore it is imperative that the all
phases offlie preject nicet federal procureriieiilt guidelines
ATTAC IMEN'rs
1. Engineering Services Agreement
Psomas
Consultant Services Agreement - ...— ........._._._..... ......... — w_....m.,..Page 1....°.f.!
CONSULTANT SERVICES AGRE;EMEN-r
THIS AGREEMENT is made and entered into this 2nd day of September, 2015 by and
between the City of Baldwin Park, ("City"), and Psomas ("Consultant").
In consideration of the following mutual covenants, provisions and agreements, and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City
and Consultant agree as follows:
1. SCOPE OF SERVICES, Consultant agrees to perform during the term of this
Agreement, the tasks„ obligations, and services set forth in the "Scope of Services" attached to
and incorporated into this Agreement as E Mbit "A." Duration of Scope of Services may be
extended on a month-to-month basis, but shall) not exceed the total compensation.
2. COMPENSATION. City shall pay for the services performed by Consultant
pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of
Compensation" attached to and incorporated into this Agreement as Exhibit "B."
3. TIME FOR PERFORMANCE.
described in a timely manner in accordance
provided in the attached schedule).
Consultant shall perform the services above
with the professional standard practices (As
4. AUDIT CR E.AMINATIQ- . Consultant shall keep all records of funds received
from City and make them accessible for audit or examination for a period of three years after
final payments are issued and other pending matters.
5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel,
equipment and material, at its sole expense, in order to perform the services required of it
pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed„
for all purposes„ an independent contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar services to be performed
for other entities while under contract with City. Consultant is not an agent or employee of City,
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Consultant shall be responsible to pay and hold City harmless from
any and all payroll) and other takes and interest thereon and penalties, therefore, which may
become due as a result of services performed hereunder.
6. ASSIGNMENT. This Agreement is for the specific services with Consultant as
set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement
without written approval of City is prohibited and shall be null and void; except that Consultant
may assign payments due under this Agreement to a financial institution.
7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided herein.
8. COMPLIANCE WITH LAW, Contract services shall be provided in accordance
with the applicable laws and regulations of all governmental agencies that are in force at the
time services are performed. Consultant shall be responsible for becoming aware of and
staying abreast of all such laws and ensuring that all services provided hereunder conform to
Psomas
Consultant Services Agreement g f 7
Pa ego
such laws. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. . LIABILITY. Consultant shall indemnify, and hold harmless City, its officials,
officers, and employees against any and all actions, claims, damages, liabilities, losses or
expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys'
fees, whether or not suit is actually filed, and any judgment rendered against City and/or its
officials, officers, or employees that may be asserted or claimed by any person, firm, or entity
arising out of Consultants' negligent performance, or the negligent performance of its agents,
employees, subcontractors, or invitees„ as well as, negligent acts or omissions of Consultant,
it's agents, employees, subcontractors or invitees„ however, this indemnity clause shall not
apply if there is concurrent passive or active negligence on the park of City, or its officials,
officers, agents or employees.
10. INSURANCE. Consultant shall maintain insurance coverage in accordance with
the following during the course of its performance hereunder:
(A) Comprehensive General Liability Insurance (including premises and
operations, contractual liability, personal injury and independent Consultants'
liability) with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and
(2) Property Damage -- $1,000,000, single limit, per occurrence.; or
(3) Combined single limits -- $2,000,000.
(B) Comprehensive Automobile Liability Insurance including as applicable
own, hired and non -owned automobiles with the following minimum limits of
liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and
(2) Property Damage -- $1,000,000, single limit, per occurrence; or
(3) Combined single limits -- $2,000,000.
(C) Professional Liability Insurance with annual aggregates of $1,000,000 or
such other amount as may be approved in writing by the City.
(D) Worker's Compensation Insurance that complies with the minimum
statutory requirements of the State of California.
(E) Prior to commencement of services hereunder, Consultant shall provide City
with a certificate of Insurance reflecting the above, and an endorsement for
each policy of insurance which shall provide:
(1) The City, and its officials, officers, agents and employees are named
as additional insured (with the exception of Professional Liability and
Worker's Compensation);
(2) The coverage provided shall be primary (with the exception of
Professional Liability and Worker's Compensation) as respects to
City, its officials, officers, agents or employees; moreover, any
insurance or self-insurance maintained by City or its officials, officers,
Psomas Page 3 of 7
Consultant Services Agreement
................
agents or employees shall be in excess of Consultants' insurance and
not contributed with it. '
(3) The insurer shall provide at least thirty (30) days prior written notice to
City of cancellation or of any material change in coverage before such
change or cancellation becomes effective.
(F) With respect to Workers' Compensation Insurance, the insurer shall agree to
waive all rights of subrogation against City and City personnel for losses
arising from work performed by Consultant for City, and the insurer's
agreement in this regard shall be reflected in the Workers' Compensation
Insurance endorsement.
11.documents required to be prepared
pursuant hereto shall upon the completion thereof, be deemed, for all Purposes to be the
property of Ci::and all analysis,, computations,
plans, corresinformation, documents, and computer
media, including by Consultant
Itant in performance
of this Agreement, Such work product shall be transmitted to City within ten (110) days after a
written request therefore. Consultant may retain copies of such products. Any re -use by City
shall be at the sole risk of City and without liability to Consultant.
12. RECORDS MD INHIECTIOPIS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement. City shall have
free access at all reasonable times to such records, and the right to examine and audit the
same and to make transcripts therefrom, and to inspect all program data, documents,
proceedings and activities, Consultant shall maintain an up-to-date list of key personnel and
telephone numbers for emergency contact after normal business hours.
13. TAXPAYER IDENTIFICATION NUMBER, Consultant shall provide City with a
complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by
the Internal Revenue Service,
14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential
conflict of interest shall, be fully disclosed prior to execution of contract and Consultant shall
comply with all applicable federal, state and county laws and regulations governing conflict of
interest.
15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee of any
governmental agency or body or member of Congress in connection with the awarding of any
federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the
election of candidates for public office during time compensated under the representation that
such activity is being performed as a part of this Agreement.
16, RIGI-11 To TERM NATE. City may terminate this Agreement at any time, with or
without cause, in its sole discretion, with thirty (30) days written notice.
17. EFFECT of -rERMINATION, Upon termination as stated in Paragraph "16" of
L�
this Agreement, City shall be liable to, Consultant only for work performed by Consultant up to
Psomas Page 4 of 7
Consultant Services AgreementmIT . .... .
and including the date of termination of this Agreement, unless the termination is for cause, in
which event Consultant need be compensated only to the extent required by law. Consultant
shall be entitled to payment for work satisfactorily completed to date, based on proration of the
compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to, City's
receipt of a close-out billing.
16. LITIGATION FEES. Should litigation arise Out of this Agreement for the
performance thereof, the court shall award costs and expenses, including reasonable attorney's
fees, to the prevailing party. In: awarding attorney's fees, the court shall not be bound by any
court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid
and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable
and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles
County, This paragraph shall not apply and litigation fees shall not be awarded based on an
order or otherwise final judgment that results from the par -hes' mutual settlement, arbitration, or
mediation of the dispute.
19. COVENANTS _AN Q _ CONDITIONS. Each term and each provision of this
Agreement to be perfor[Tied by Consultant shall be construed to be both a covenant and a
condition.
20. LNTQR) TED AGRELME NT. This AgFeernent represents the entire Agreement
between the City and Consultant. No verbal agreement or implied covenant shall be held to
vary the provisions of -this agreement. This Agreement shall bind and inure to the benefit of the
parties to this Agreement, and any subsequent successors and assigns.
21. MODIFIqdTION OF..&GREE-TIENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or otherwise affected,
except by a written amendment signed by all parties.
22, pESIQNATED REPRESENTATIVE.S.. The Consultant Representative (A)
designated below shall be responsible for job performance, negotiations, contractual matters,
and coordination with the City. The City Representative (B) designated below shall act on the
City's behalf as Project Manager.
(A) CONSULTANT
Psomas
Att.: Steven Frieson, Vice President
555 South Flower Street, Suite 4300
Los Angeles, CA 90071
(213) 223-1400
(B) City of Baldwin Park
Att.: Daniel Wall, P.E.
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 X. 451
Psomas
Consultant Services Agreement
Page 5 of 7
23 NO'T'ICES. Notices pursuant to this Agreement shall be in writing and may be
given by personal delivery or by mail. Notices shall be directed to City's Designated
Representative identified in Paragraph "21" of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
CITY OF BALDWIN PARK
By:
Manuel Lozano, Mayor
Dated:
CONSULTANT:
Psomas
By.
Steven Frieson, Vice President
Dated:
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT A
SCOPE OF WORK
Psomas will adhere to the Scope of Work as defined in the Request for Proposal with the following
assumptions and edits on the specific Scope of Work items, based on a recent, agreed-upon
correspondence:
Topographic and Boundary Survey
Research and Record Monument Recovery
The following activities will be performed:
• Obtain copies of record data from the Los Angeles County Flood Control District (LACFCD), the
County of Los Angeles Surveys, and Caltrans District 7.
• Recover key Los Angeles County bench marks: one bench mark located near West Ramona Blvd.,
one near the intersection of San Gabriel River and Walnut Creek, and one near Baldwin Park
Blvd.
Recover record cadastral monuments needed to establish record boundary for the LACFCD
right-of-way limits for the length of the project.
* Set 13 aerial targets at locations shown on the aerial flight plan. Where possible, the targets will
be centered over record survey monuments. Where this is not possible, the surveyors will set a
semi-permanent monument. All target monument locations will be described on survey notes.
Set a pair of secondary survey control monuments to facilitate topographic surveys at eight (8)
locations where the engineering team will need surveys of join conditions. For each site, our
surveyors will secure a minimum of two (2) control points that are inter -visible and within
reasonable distance from the subject location. They will then set semi-permanent monuments
and record locations on field notes for recovery during construction.
Survey Control
Psomas will establish survey control using a combination of both GPS to local CORS and/or conventional
survey methods. Horizontal survey control will be based on the North American Datum of 1983 (NAD
83), with coordinates based on the California State Plane Coordinate System (CCS83, Zone V, 2011.00
epoch) as published by the National Geodetic Survey. Vertical control will be based on the North
American Vertical Datum of 1988 (NAVD88) based on County of Los Angeles bench marks and published
elevations.
We will also conduct one (1) survey campaign to tie all recovered and set monuments within one survey
network, with ties to vertical control bench marks. The survey control network will be adjusted and
published values will be listed with full descriptions of each monument.
11P age
Aerial Mapping
Aerial mapping will be compiled using black and white imagery at 1"= 40' scale, with one -foot contour
intervals. Full surface model and mapping files will be provided using AutoCAD format.
Aerial mapping will cover the width of the existing path located on the easterly side of the top of the
channel slope and will be extended to westerly and southerly to the toe of slope, and easterly,
approximately 50 feet for San Gabriel River, and to northerly fence line for Walnut Creek Wash.
Field Surveys
Detailed topographic field surveys will be conducted at the following locations:
Ramona Boulevard: Join grades for existing sidewalk and hard improvements needed for design
of new improvements
e 1-10 Crossing: Grades and details for 1-10 bridge structure and hard improvement not visible on
aerial mapping
Cloverleaf Drive Intersection: Grades and details for the street improvements, curbs, roadway,
north end of the bridge and fencing
1-605 Crossing: Grades and details for 1-605 bridge structure and hard improvements not visible
on aerial mapping
Intersection of SCE Transmission Line: Grades for hard improvements and location of the SCE
tower structure
• Walnut Creek Nature Park: Details for drainage structure near the easterly end of the park
• Amar Road Entrance: Details for the entrance and drainage structure that runs parallel and
southerly of the fence line
• Baldwin Park Boulevard Intersection: Join grades for existing hard improvements needed for
new improvements
Merging Survey Data with Mapping
Field survey data will be processed and design surfaces will be merged with the aerial mapping file to
create one uniform DTM surface.
Right -of -Way Survey/Engineering
The proposed bike trail will require easements along the existing LACFCD and SCE right of way. The table
below shows record Appraisal Parcel Numbers and record owners impacted by the proposed design.
Preliminary Title Reports are needed for all nine Appraisal Parcels identified in the table.
1 P a g e
Legal Descriptions and Exhibits
Psomas will prepare legal descriptions and exhibits to define the limits of the proposed bike path
easements based on the design. Our team understands the SCE easement needs to be completed using
a specific format and requires approval based on SCE review. Our proposal includes preparing two (2)
contiguous easements and exhibits for LACFCD and two (2) easements and exhibits for SCE. Based on
our record search it is expected that Caltrans has secured permits for 1-10 and 1-605 crossings over
LACFCD right of way limits.
Deliverables:
The AutoCAD file will include surveyed points and lines and the production of a digital terrain
model (DTM), one -foot contour interval
o CSV file of all field survey points, with full descriptions
. Field edit sheets
. Digital pictures of important features for details
. Legal descriptions and exhibits
• The office surveyors will calculate record boundaries for the LACFCD channel boundaries needed
for this project based on available record mapping and a review of the Preliminary Title Reports.
The office surveyor will complete 8 base map that can be used by the design team and as a basis
for the legal description exhibits.
1 Pi�ge
Real Estate Services
As Psomas' real estate and right-of-way subconsultant, Epic Land Solutions, Inc. (Epic) will obtain
Preliminary Title Reports (PTRs) to ensure ownership and encumbrances will not be restrictive to the
project's goals.
Once the PTRs are obtained, Epic's Appraisal Department will provide full service appraisals and reviews
for the aforementioned nine (9) parcels.
Once appraisals are completed, Epic will assemble the Offer Package to acquire the above easements.
Each package will contain right of way maps per parcel, recording instrument, state/federal pamphlets
and other related documentation. The offer to acquire these easements will be conducted by their
expert agents in the most expeditious manner according to State and Federal law (30 days per parcel).
After each negotiated settlement, Epic will prepare a final documented file for'closing. If a 'good faith'
negotiated settlement fails to be achieved, the file will be turned over to the City for condemnation
processing.
ASSUMPTIONS:
• Offer Package materials will be submitted to Epic in 'template' format.
• Design as a result of property impact analysis will not be required
• Cost estimation analysis will not be required
o No fee acquisitions will be performed
Resolution of Necessity (RON) or condemnation support are assumed not required and excluded
No relocation effort is required
The proposed nine (9) easements could be acquired between 8-12 months from kick-off
Deliverables:
Nine (9) easements
Technical Studies
Geotechnical Investigation and Report
The following geotechnical investigative activities will be performed:
Site reconnaissance and marking of boring locations
Performing a total of 10 to 12 shallow borings, 5 to 10 feet deep, using a hollow stem truck-
mounted drilling rig
Collecting bulk samples
Performing characteristic laboratory soils testing
.. .. Pag.
4� e
Preparation of a final report which will include the summary of findings and recommendations
for design and construction of the proposed bike path
Deliverable:
0 Geotechnical Report
Hydraulic/Hydrology Study
Psomas will perform a Hydrology Study based on the Los Angeles County Department of Public Works
(LACDPW) latest edition (2006) of the Hydrology Manual. Hydraulic analysis will be focused mainly on
channelized water runoff along the north side of Walnut Creek Wash, cross -drainage inlet points (new
and existing), as well as structural BMPs that are going to be proposed as part of the Standard Urban
Stormwater Mitigation Plan (SUSMP) for water quality management purposes.
Deliverables:
• Draft Hydraulics/Hydrology Study
• Final Hydraulics/Hydrology Study
Natural Environment Study — Minimal Impacts (NES -MI)
Psomas will prepare a Natural Environment Study -Minimal Impacts (NES -MI) based on our knowledge of
the project area and our understanding of the biological resources which occur there. Due to our
experience conducting annual surveys and assessing wildlife potential in the adjacent Flood Control
Channels, we conclude that there is little to no potential for the project to impact any State or Federal
Threatened or Endangered (T/E) species. T/E species such as least Bell's vireo and coastal California
gnatcatcher do occur in the region, but they do not occur in the vicinity of the project area. In addition,
any potential impacts to other special status species are expected to be minimal, if at all. Similarly, other
regulated biological resources, such as jurisdictional resources, are not expected to occur within the
project right-of-way. As a result, we believe strongly that an NESMI is the appropriate document for the
project.
A literature review will be conducted to determine which species have been identified as special status
by state, federal, and local resources agencies and organizations and have a potential to occur within
the project site or immediate vicinity. Sources to be reviewed include: (1) special status species lists
from the California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and
California Native Plant Society (CNPS); two (2) database searches of the California Natural Diversity
Database (CNDDB) and the Electronic Inventory of the CNPS; (3) the most recent Federal Register listing
package and critical habitat determination for each federally listed Endangered or Threatened species
potentially occurring within the project site; (4) the CDFW Annual Report on the status of California's
listed Threatened and Endangered plants and wildlife; and (5) other biological studies conducted in the
vicinity of the project site.
5 1 P a g e
A field survey will be conducted to map the vegetation types within the Biological Study Area (BSA) for
the approximately 2.3 -mile project site. In addition, a general walkover survey will be conducted to
document the species composition of the vegetation types in the BSA. Plant and wildlife species
observed during the survey will be recorded in field notes. Any special status plant or wildlife species
observed will be reported to the CNDDB.
A Natural Environment Study -Minimal Impacts (NESMI) consistent with current Caltrans Standard
Environmental Reference (SER) guidance will be developed based on the results of biological surveys,
analysis, and data compilation described above. The report will describe: (1) the methodology used to
conduct the biological surveys; (2) a detailed description of the existing vegetation types (including a
vegetation map) and associated wildlife resources in the BSA; (3) potential impacts from project
development; and (4) recommended mitigation measures to reduce identified impacts. The report will
be submitted in hard copy format (3 copies) and electronically in PDF format. This task covers the initial
preparation of the Draft NESMI and two revisions of the report.
Deliverables:
• Draft NES -MI
• Final NES -MI
Biological Assessment (BA) Document — Optional (Currently not included)
Based on our extensive experience in the project area, as described above, it is unlikely that a Biological
Assessment (BA) document will be necessary for this project. If the project impacts a listed species, a BA
will be prepared for additional fee in support of a request for formal consultation pursuant to Section 7
or 10 of the Federal Endangered Species Act; a federal nexus is required in order to utilize the Section 7
process. A literature review and field survey will be conducted as described in Task 2 and Optional Task 3
above. The BA will be a stand-alone document that will address the following topics: (1) biological
setting; (2) survey methodology; (3) effect of federal action; (4) general, cumulative, and growth -
inducing effects; and (5) measures proposed to minimize, mitigate, and monitor impacts.
The BA will be used to determine the potential direct impacts on one or more federally listed species, as
necessary, resulting from the construction and operation of the proposed project. The BA will estimate
the potential incidental take of listed species attributable to several types of effects; direct (i.e.,
destruction of habitat from construction), indirect (i.e., noise, runoff), interrelated (i.e., cumulative
habitat fragmentation), and independent (i.e., natural disasters such as intense storm events). The
primary goal of the BA is to provide the framework for a feasible conservation, mitigation, and
management program that will compensate for the impacts on the subject species and its/their
associated habitat(s). The report will be submitted in hard copy format (3 copies) and electronically in
PDF format. This task covers the initial preparation of the Draft BA and assumes up to three (3) rounds of
Caltrans review cycles.
6BPage
Assumptions:
Biological Assessment is considered optional and is currently excluded from the Scope of Work
A full NES is not deemed necessary and is, therefore, excluded. A NES -MI will be prepared.
Cultural and Paleontological Resources are excluded
Air Quality Technical Memorandum is considered excluded
Evaluation of resources relative to the requirements of Section 4(f) is excluded and is deemed
not necessary
Phase I Environmental Assessment
Geo-Advantec will conduct a Phase I Environmental Assessment (ESA) in accordance with Standard
Practice for Environmental Site Assessments; Phase I Environmental Site Assessment Process published
by the ASTM International (ASTM E1527-13) and Standards and Practices for All Appropriate Inquiries;
Final Rule published by the United States Environmental Protection Agency (EPA), Federal Register,
Volume 70, No. 210, November 1, 2005. The proposed Phase I ESAs will include the following:
• Review of relevant background information such as the site location relative to major man-made
and natural landmarks, surrounding land use, and regional geology/hydrogeology
• Review of oil and gas fields in the vicinity of the site
• A compilation of site history and previous land use basad on reviewing historic aerial
photographs dating back to the 1940's, available historic topographic maps, available historic
fire insurance maps, and available City directories
• Review of chain -of -title records to identify possible recorded environmental cleanup liens
• An assessment of the potential for the site to have been impacted by contaminants originating
from off-site sources based on a review of federal, state, tribal, and local government agency
records
• Review of available local municipal records including building permits and zoning/land use
records
• An inspection of the site to identify recognized environmental conditions (RECs) that may
include indications of the improper handling, storage, or use of potentially hazardous materials.
This task also includes interviews with accessible property owners, tenants, and/or local agency
personnel about hazardous materials handling and disposal procedures.
• An evaluation of the possible presence of hazardous materials in structures at the site and/or in
the subsurface environment beneath the site, with recommendations, if appropriate, for
additional investigations or remediation
Review of the chain -of -tile records to identify possible recorded environmental cleanup liens is
not included herein.
_. 7Page
Deliverables:
• Draft ISA
• Final ISA
15% Submittal/Conceptual Design
A single conceptual horizontal alignment/layout will be prepared at a scale of 1"=20' for the trail along
with proposed typical sections. It is assumed that no conceptual landscaping or wayfinding concepts will
be provided.
The conceptual design plans will be submitted to the City for review. A design review meeting will be
conducted to discuss the City's comments with the goal of incorporating agreed-upon changes or
revisions into the next phase of design.
Deliverables:
• Conceptual (15%) Design Layout and typical sections
• Design review meeting minutes
Environmental Documentation
In pursuing environmental documentation clearances for the San Gabriel River Bike Project, our team
assumes that the City of Baldwin Park will be the lead agency pursuant to CEQA and Caltrans would
serve as the federal lead agency for the NEPA environmental compliance documents. Based on current
information and assumptions, the City has identified in the RFP that Categorical Exemption/Categorical
Exclusion (CE\CE) is the likely appropriate documentation for the project.
Under CEQA guidelines the project may qualify under Class 1 (c) Exemptions, 15301 Existing Facilities,
"operation, repair, maintenance, permitting, (...), minor alterations (...) of existing highway and streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar facilities." If the City requests that an MND
be prepared instead of the CE, or through the course of the technical analysis it is determined that there
will be a potential for impacts to T/E species, a scope amendment would be required. Should any
potentially significant impacts occur, it would also require the rescoping of the NEPA document.
The Federal Highway Administration guidelines, 23 CRF 771.117(c)(3), identify projects that may be
processed using a CE. This section states"...construction of bicycle lanes and pedestrian lanes, parks and
facilities" would normally not require any further NEPA approvals, provided the project does not result
in significant impacts. The bikeway project would fall under the definition of the NEPA CE. Based on
Psomas' extensive experience in the San Gabriel River the project from a biological standpoint would
not result in impacts to federally and state listed species and, thus, CE would be an adequate level of
environmental documentation under NEPA.
81 Page
Draft and Final CE/CE (accompanied by Categorical Exclusion Checklist)
Psomas will prepare the Draft CE/CE and Categorical Exclusion checklist in accordance with Caltrans
Standard Environmental Reference Guide and pursuant to CEQA/NEPA. Psomas will also complete
External Quality Control Certification sheets for Caltrans. The CE/CE forms will be supported by the
NESMI or NES completed for the above tasks. The checklist and the CE/CE forms will be submitted
concurrently to the City and Caltrans to review. No major comments are expected because CE/CE are
forms and not an impact study; thus, no responses to the comments matrix is expected to be necessary
to adequately complete this task. After preliminary review of the Draft CE/CE and checklists, Psomas will
resubmit the document for a final signature. Psomas will prepare, process, and submit the final CE/CE
forms and Categorical Exclusion checklist to Caltrans. If Caltrans requests, CE/CE will also be
accompanied by the project description and a brief explanation as to why the project does not result in
significant impacts.
Deliverables:
• Draft CE/CE
• Final CE/CE
Checklists
75% and 100% PS&E Submittals
The conceptual layouts will be developed into 75% and 100% plans, specifications and opinion of
probable construction cost (estimate) in accordance with the City of Baldwin Park, Caltrans, and
Standard Specifications for Public Works Construction (Greenbook) standard plans and specifications. It
is assumed that the City will provide front end "boiler plate" specifications, and that the specifications
will be prepared in MS Word. At each milestone (75% and 100%) four (4) sets of construction
documents will be submitted to the City and County for review. It is assumed that the securing of
permits from the County or Caltrans is excluded from this scope of work. The following construction
plans sheet count is anticipated:
Deliverables:
75% PS&E
100% PS&E
Final Mylars
91page
The following construction plans are anticipated :
101 Page
1
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101 Page
EXHIBIT B
SCHEDULE OF COMPENSATION
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ITEM NO. 10
STAFF REPORT
�or TO: Honorable Mayor and City Councilmembers
_0
I , e o 4 °k .
FROM: Daniel Wall, P.E., Director of Public Works / City Enginee1.�7
s►�� , r DATE: September 2, 2015�
SUBJECT: Approve GPS Tracking Sales And Service Agreement
SUMMARY
This item approves entering into a three-year agreement with Teletrac for tracking 46 non -police vehicles with
GPS units.
FISCAL IMPACT
The annual cost of this service for the 46 vehicle civilian fleet is $16,440. Each department would pay the
annual cost of $360 per vehicle assigned to it through the Fleet Cost Center.
RECOMMENDATION
It is recommended the City Council approve the three year GPS tracking agreement with Teletrac and authorize
the Director of Public Works to sign it on behalf of the City.
BACKGROUNDb
DDvery challenging for a manager to monitor, while vehicle accidents are a source of great
potential risk to the City. Teletrac's GPS units allow managers to know where their assigned vehicles are and
where they have been, how the vehicles are performing and when preventive maintenance is required and most
importantly how safely they are being driven.
Fleet Division Staff solicited quotes from the Verizon and from Teletrac for this service. Both companies
provide essentially the same service, for essentially the same monthly cost per vehicle. Verizon's monthly
charge per vehicle including equipment cost over a 36 -month period is $25.73. Teletrac's cost per vehicle over
a 36 -month period is $30 per vehicle. All things being equal, Verizon as the low cost provider would be the
recommended vendor. However the equipment being offered by the two vendors is not equal. Teltrac's
equipment is hard wired into the engine compartment whereas Verzon's equipment plugs into the OBDII
terminal located in the passenger compartment. After conversations with fleet managers in other local cities that
have used these vendors, it was determined that Verizon's equipment is not entirely compatible with the fuel
management system used in Baldwin Park's fleet and that Verizon's point of connection is more prone to
tampering than is Teletrac's.
LEGAL REVIEW
Review by the City Attorney is not required.
ALTERNATIVES
The City Council could choose to not equip vehicles with GPS tracking equipment or to go with the low cost
provider at the risk of reliability.
ATTACHMENTS
A. Teletrac Subscriber Agreement
ITEM NO.
STAFF RIEPR'"
vAo
r TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Scj, ices
AWG BRIµhe DATE: September 2, 2015
SUBJECT: APPROVAL OF AN AGREEMENT WITH CHRISTIANSEN
AMUSEMENTS FOR CARNIVAL SERVICES
Th susARY
taff report requests City Council approval of an Agreement with Christiansen Amusements to provide
carnival services for the City's 59th Anniversary Celebration, November 5 through November 8, 2015.
FISCAL IMPACT
It is anticipated that the City will generate approximately $12,000 from ticket sales towards the City's general
fund.
RECOMMENDATION
N
Staff recommends the City Council approve the attached agreement and authorize the Mayor to execute the
necessary documents.
LEGAL REVIEW
The City At:tonicy has reviewed the agreement and approved it as to form.
BACKGROUND
The City will not be hosting a parade this year., llo °ever, shall' is r'econinrenditig providing a caruival for the
residemits of BaldNvin 11 ark as pat oft lie City's 5911" Anniversat-y Celebratiora of incorporation. For the past twenty-
seven years the department has contracted these services through Christiansen Amuseinents. Stall is pleased with.
the compensation portion of the proposed agreement. In addition, staff is satisfied with the current carnival
operations and has an excellent working relationship with all associated departments.
Under the proposed Agreement, Christiansen Amusements has the exclusive rights of the food court during the
event and has agreed to additionally compensate the City for the exclusive. In previous years all proceeds from
the food court have been directed towards the Santa Clothes Program, this year it is anticipated to generate $1,200
towards the program. In addition, the City will continue to receive 30% of total gross receipts up to $40,000 and
35% thereafter derived from the operation of the carnival rides. Christiansen Amusements will also provide an
insurance policy naming the City as additionally insured in the amount of $3 million dollars. In addition,
Christiansen Amusements will pay for all security during the event including additional police coverage. The
agreement includes 350 unlimited rice tickets to be used either on Thursday, November 5, or Sunday, November
8, 2015. As in the previous year's tickets will be distributed to deserving children in the community through
school district staff at each of the elementary school sites.
ALTERNATIVES
Provide alternative direction or do not approve the agreement.
ATT AC."HMI+,1' T
1) Agreement
AGREEMENT
THIS AGREEMENT is made and entered into this 2"d day of September, 2015 by and between the City
of Baldwin Park" a general law city (hereafter "CITY") and Christiansen Amusements Corporation, a
California corporation (hereafter "LICENSEE"),
The parties hereto do agree as follows:
This Agreement is made and entered into with respect to the following facts:
(a) CITY is desirous of conducting a festival on Thursday, November 5, 2015 through Sunday,
November 8, 2015 inclusive (the "Festival"); and
(b) As entertainment for the Festival, CITY is desirous of featuring a carnival, to consist of
mechanical rides, ticket booths, food purveyors, games and other entertainment common to
community fairs (the Carnival"); and
(c) CITY has determined LICENSEE is qualified person to provide such services; and
(d) LICENSEE has agreed to provide such services pursuant to the terms and conditions set
forth in this Agreement; and
(e) The City Council of CITY has determined the public interest, convenience and necessity
require the execution of this Agreement.
2. TIMING FOR CARNIVAL. The Carnival shall be conducted commencingon 2015 from y,
November 5, 2015 at 5:00 P.M. through 10:00 p.m., continuing Friday, November 5"
p,m. through 11:00 P.m,, Saturday" November 7, 2015 from 1:00 p.m. through 11:00 p.m. and
concluding on Sunday, November 8, 2015 from 1:00 p.m. through 10:00 p.m.
8. SITE, (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which
shall be on that certain real property described as follows: Morgan Park and the City parking area on
Ramona, Boulevard, plus the City property at the northeast corner of Main Avenue and Sterling Way the
latter of which is to be used only for parking of LICENSEE'S and LICENSEE'S officer" employees`,
contractor's, and agents" vehicles while conducting business for the Carnival, as identified more
specifically in the attached Exhibit A. CITY is also responsible for restroom facilities, including
portapotties on the site, and rubbish dumpster and removal as necessary for the operations of the
Carnival and Festival.
(b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for
staging and parking needed for the operation of the Carnival.
4 LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of
the Carnival in a timely fashion, Copies of such permits and licenses shall be delivered to CITY within
24 hours after their approval and no less than 48 hours before the Carnival is supposed to start as
indicated in Section 2 above.
5. LICENSEE shall also provide at its sole expense:
(a) all costs of transportation, lodging and other necessary facilities, food and compensation for
all crews necessary to facilitate the conduct of the Carnival. Such crews shall include sufficient
management staff during the Carnival -hours to be reasonably available to CITY; and
Page 1 of 5
(b) all Carnival equipment and accessories thereto, including an independent electrical power
supply from LICENSEE'S generators; and
(c) power to all community booths as per Sections 6 and 7 during all hours of booth operation
and sufficient to allow for such booths to connect to the power with normal appliances or
extension cords; and
(d) a minimum of five major rides and five kiddie rides; and
(e) advertising for the Carnival and Festival, including, but not limited to, sending out 100
personalized event posters describing the event and special promotion activities through area
businesses; and
(f) provide all ticket sellers necessary for the Carnival; and
(g) waive entrance fees for all children under the age of 12 if accompanied by a paying adult (18
years and older) and monitor entrance to not allow any outside food, drinks or ice chests into
the event area.
(h) LICENSEE will provide 360 unlimited ride passes to be used either Thursday, November
2018 or Sunday November 8, 2016 during designated hours as indicated by LICENSEE. In
exchange for that increased product value offered by LICENSEE, CITY will waive all permit and
licenses fees normally charged for such events, except for the $126 fee for the Temporary Use
Permit.
It is intended LICENSEE shall provide a ftill-service Carnival as a part of the Festival, which shall
consist of the entertainment as described above.
6.4 FOOD AND BEVERAGE SALES. LICENSEE will provided and operate their own food/candy
wagons, providing all food and beverage, LICENSEE shall not sell or serve alcoholic beverages,
LICENSEE will obtain all County of Los Angeles Health Permits.
7. GAMES, LICENSEE shall provide games along the Midway, which shall be subject to such
regulations as determined by, and in accordance with, the recommendations of CITY'S Police Chief or
her designee. LICENSEE shall also provide two garrie booth set-ups for community groups within the
Carnival site area at the current market rate paid for by LICENSEE.
8. SECURITY. Security for the Festival shall be provided by LICENSEE as determined by, and in
accordance with, the recommendations of CITY'S Police Chief.
g. PREPARATION TION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the
midway each night, and at the close of the event, LICENSEE shall also remove any of LICENSEE's
equipment from the site of the Carnival and Festival, at the close of the event. LICENSEE shall be
responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his
employees, officers, agents or sub -Licensees..
10. SUB -LICENSEES. LICENSEE shall have the right to a sub -License to one or more a qualified
persons, or entities, approved in advance by CITY, for the purpose of providing the Carnival.
11. LIABILITY INSURANCE, LICENSEE shallprovide directly, and/or through its Sub -Licensees,.
liability insurance covering all of the activities to be conducted at the Festival, save and except those
activities provided by CITY other than security. LICENSEE shall provide the Proof of Insurance, as
defined below, as approved by the Chief Executive Officer of CITY and in amounts and in coverage of
at Feast $5,000,000 general liability combined single-limit per occurrences for bodily injury, personal
injury and property damage and $1,000,000 Employers Liability per accident.
All such policies shall contain endorsements, which name CITY and its officers, employees and agents
as additional insured on such policies. LICENSEE shall file with CITY the following which shall be
defined as the Proof of Insurance: (i) an Endorsement and a Certificate of Insurance evidencing the
existence of all required insurance coverage prior to October 25, 2015 and (ii) Such endorsements and
certificates shall provide that neither substantial alteration of the coverage or cancellation of the
coverage shall be valid except upon 96-hours' prior written notice to CITY by the carrier or carriers, the
insurance provided shall be primary and any other insurance CITY may have will be non-contributing.
12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify,
defend and hold harmless CITY, and its officers, agents and employees, from all liability:
(a) on account of any and all claims under Workers Compensation Acts and other employee or
his/her subcontractors' or sublicensees employees arising out of LICENSEE'S activities
pursuant to this Agreement; and,
(b) on account of any and all claims for damages because of personal injury or death, damage
to property, or other obligation(s) directly or indirectly arising out of or attributable to, in whole or
part the performance by LICENSEE or its sublicensees, subcontractors, employees, or agents
in the performance of the obligations stated in this Agreement, including, without limitation,
reasonable attorneys' fees and court costs incurred by CITY or any of its officers, agents or
employees, as well as payment of any final judgment rendered against CITY or any of its
officers, agents, or employees resulting from any action for which indemnification is required by
this Agreement.
13. INDEPENDENT AGENTS. The parties hereto agree LICENSEE, its agents, employees,
consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance
of this Agreement, and not as officers, employees or agents of CITY.
14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of
insurance required by law, including specifically, but not limited to, Worker's Compensation coverage.
15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to
comply with all terms and obligations of this Agreement, and specifically shall require all sublcensee
and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to
provide the same indemnification to CITY and its officers, agents and employees, as is required of
LICENSEE.
16. TERMINATION. CITY reserves the right to terminate this agreement upon 30-days' written
notice to LICENSEE.
17. COMPENSATION. CITY shall be entitled to an amount equal to 30/0 of the total gross receipts
up to $40,000 and 35% thereafter derived from the operation of the Carnival rides. Gross receipts are
to be determined based upon cash sales on the grounds and do not include the ,advance ride book
tickets, if used. LICENSEE agrees that all ticket monies shall be open for audit at all times during the
event. All revenue due to the CITY shall be paid at the conclusion of the event, CITY shall be entitled
to an amount equal to $1,200 (one„ thousand two hundred dollars)„ which reflects a portion of FOOD
and BEVERAGES SALES at this event. Payments are to be delivered to CITY within 5 working days
after the conclusion of the Carnival. LICENSEE is responsible for administration of the California Sales
and Use Tax where applicable. Additional compensation is to be negotiated in the event CITY provides
ticket sales personnel. Notwithstanding any other provision, LICENSEE shall be responsible for any
costs or fees incurred by the City to collect any unpaid Revenue from LICENSEE.
18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally
served or given by mail.
Any notice by mail shall be deemed to have been given when deposited in the United States mail,
postage prepaid addressed to the party to be served as follows:
To CITY: To LICENSEE:
Manny Carrillo Stacy A. Brown
Director of Recreation & Community Services President
City of Baldwin Park Christiansen Amusemer t
14403 East Pacific Avenue 1725 S. Escondido Bvld� Ste. E (mailing: P. O. Box 997)
Baldwin Park, CA 91706 Escondido, CA 92025 (1 :scondido, CA 92033)
19. ATTORNEY'S FEES. In the event either party hereto fails to comly with any of the terms of
this Agreement, and the other party commences legal proceedings to enf rce any of the terms of this
Agreement or terminate this Agreement, the prevailing party in any such `IIsuit shall receive, from the
other, a reasonable sum including attorney's fee and costs as may be established by the court.
20. COMPLIANCE WITH APPLICABLE LAW. Licensee represents, warrants, and ensures that
Licensee and its employees, agents, and independent contractors shall Imply with all federal, state
and local laws and regulations.
21. INDEPENDENT CONTRACTOR. LICENSEE shall act and be an ndependent contractor and
not an agent or employee of the CITY. Nothing herein shall be interprete i to create a partnership or
joint venture between LICENSEE and the CITY.
22. AUTHORITY TO ENTER INTO AGREEMENT. The signatory o behalf of the LICENSEE
represents and warrants that he or she has the authority to enter and be bound by the terms of this
Agreement.
23. EXTENT OF AGREEMENT. This document represents the e� ire integrated agreement
between CITY and LICENSEE regarding the subject matter of the 2015 Carnival and Festival and
supersedes all prior negotiations, representations or agreements, either writen or oral. This agreement
may be amended only by written instrument signed by both CITY and LICENSEE,
IN WITNESS WHEREOF the parties have caused this Agreement to be eccuted as follows:
DATED:
CITY
By:
Manuel Lozano, Mayor
ATTEST
City Clerk
DATED: August 2116, 2015
LICENSEE
Stacy A. Brow
Its President i
By:
Its Vice -Preside it
Page 4 of 5
APPROVED AS TO FORK
City Attorney
ITEM NO. r
"p ""N. REPORT /Y �%/rlrJ����ll 7%1f��l7��P r r� '!�',l,1 .;7 � u
/�i0/<d�nr;��l � /,l� tir�li� N /� TO: Honorable Mayor and Members of the City Council
ormm,
,�`' FROM: Manuel Carrillo Jr., Director of Recreation & Community Servs
sA
i��.a
` , � � DATE: September 2, 2015
r� �s�,
SUBJECT: DIRECTION AND APPROVAL OF 60TH ANNIVERSARY LOGO
. .. AND MARKETING CAMPAIGN
SUMMARY
This report requests City Council direction and approval of a commemorative logo for the marketing campaign
of Baldwin Park's 60th Anniversary.
FISCAL IMPACT
The current fiscal year has budgeted an amount of $40,000 to fund the marketing campaign, promotional give-a-
ways and design of the 60th Anniversary logo.
RECOMMI NDATION
Staff recommends that the City Council:
1. Select and approve a logo for the 60th Anniversary and direct staff to proceed with the 60th Anniversary
Campaign.
LEGAL REVIEW
Legal review is not required.
BACKGROUND
Baldwin Park was incorporated on January 25, 1956, becoming the forty-seventh general city. Over the past sixty
years, Baldwin Park has grown from a farming town into a vibrant suburban community. The City's increasing
population reflects a culturally diverse community.
Baldwin Park will be celebrating its 60th Anniversary next year. In preparation for this upcoming event, staff has
prepared a comprehensive marketing campaign that will assist in the overall planning and development of this
celebration. The diversity of these methods includes public displays, printed media, promotional items and
commemorative logo.
Sherri Yu, of Wonder Studios, has been commissioned to create four (4) renderings of a 60th Anniversary logo.
Ms. Yu has previously successfully worked with city staff to create the 50th anniversary logo, Community
Development Commission Logo, Bi -Annual Recreation Guide and award winning Arts and Recreation Center
brochure and logo.
The commemorative logo will be presented at the September 2, 2015 City Council Meeting. The selected logo
will be featured in all business correspondence and will be incorporated into the website as well as any printed
and pr(m otiorial materials used throughout the year. The kick o f l'or all the special festivities will c.onunence in
January and cultninate in November 2016 with the 60"' Celebrate Baldwin Park Anniversary Parade. All City -
sponsored events and promotional material will reflect the 600' Anti iversa:ry theme.
In addition to commissioning a logo, staff is coordinating an elaborate marketing campaign, which includes
promotional materials such as posters for bus shelters, lapel pias, street banners, and billboards along the
IOFWY/605FWY and facility city displays. Program give away items will proudly display the 60"" anniversary
logo and the Pride of the Valley 5k Run will incorporate the logo into the design. Additionally, throughout the
year eight signs will be prominently placed on the main entrances to the city incorporating the 60th Anniversary
logo.
ALTERNATIVES
Provide an alternative direction or do not select a logo and cancel all associated activities with the 60th
Anniversary.
ITEM NO. f
STAFF
III, «�.. RETORT. /
41
TO: Honorable Mayor and City Coun cilin embers
ff ;
H U "o FROM: Manny Carrillo, Director of Parks and C(d unity Services
AN GABAI L ') DATE: September 2, 2015
a ry a
SUBJECT: REVIEW OF CURRENT APPLICATIONS AND
Y�r`" j�aas,r CONSIDERATION OF APPOINTMENT REAPPOINTMENT OR
REMOVAL OF MEMBERS OF RECREATION AND COMMUNITY
SERVICES COMMISSION, OR OTHER COMMISSIONS AS
APPROPRIATE
SUMMARY
This report requests City Council review the submitted Commission application(s) and appoint the
qualified individual(s) to serve on the Recreation and Community Services Commission to fill the
current vacancy.
FISCAL IMPACT
Commissioners serving on City Commissions receive a stipend of $50 for each Commission meeting
attended.
RECOMMENDATION
Staff recommends that Council review the submitted Commission application(s), accept nomination(s),
authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ)
and, contingent upon satisfactory clearance by the DOJ, appoint the selected individual(s) to the Parks
and Community Services Commission and adopt Resolution No. 2015-087, entitled, "A Resolution of
the City Council of the City of Baldwin Park Appointing an Individual to the Recreation and
Community Services Commission of the City of Baldwin Park, to Office Number 2"
At this time the City Council could also consider the removal and or replacement of any commissioners
consistent with and pursuant to BPMC Section 32.09.
LEGAL REVIEW
This report and the associated Resolution has been reviewed and approved by the City Attorney as to
legal form and content.
BACKGROUND
Pursuant to Chapter 32 of the Baldwin Park Municipal Code and in response to the vacant seat, Office
No. 2, of the Parks and Community Services Commission, staff advertised for the period from July 16,
2015, through August 12, 2015, seeking applications for Baldwin Park residents wishing to serve on a
city Recreation and Community Services Commission.
The color advertisement was posted at City Hall, Julia McNeill Senior Center, Esther Snyder
Community Center, Baldwin Park Library and Baldwin Park Arts & Recreation Center, as well as an
interactive banner on the City website. The deadline for submission of applications was August 12,
2015.
One application has been received for the vacant seat on the Recreation and Community Services
Commission.
Appointment of Commissioners
September 2, 2015
Page 2
The application has been reviewed, residency has been verified confirmed and voter registration was
verified as applicable. A copy of the application has also provided to the department for review and to
further qualify applicants.
Attached hereto is the application for the Recreation and Community Services Commission candidate.
Staff respectfully request that Council review the application and determine its select if they wish to
appoint the applicant to the Recreation and Community Services Commission.
ATTACHMENTS
#1 — Application Received for Recreation and Community Services Commission
#6 — Resolution No. 2015-087 and Applications for Parks and Community Services Commission
(kar)
ATTACHMENT #1
RESOLUTION N0.2015-087
BALDWIN PARK RECREATION AND
COMMUNITY SERVICES COMMISSION
RESOLUTION NO. 2015-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPOINTING A QUALIFIED INDIVIDUAL TO
THE RECREATION & COMMUNITY SERVICES COMMISSION
OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 2.
WHEREAS, the Recreation & Community Services Commission consists of eight
(8) members and Office Numbers 1 through 5 are appointed for a two-year term and
members of Office Number 6 through 8 (Student Commissioners) are appointed for a
one-year period; and
WHEREAS, on July 15, 2015, Office Number 2 was vacated by majority vote of
the City Council and the vacant position was advertised for applications; and
WHEREAS, A Notice of Vacancies on the Recreation and Community Services
Commission was posted at the following locations: City Hall, Esther Snyder Senior
Center, Morgan Park Community Center, Baldwin Park Public Library, Baldwin Park
Arts & Recreation Center and on the City of Baldwin Park website, and the City Clerk's
Office accepted applications from the date of advertisement through August 12, 2015;
and
WHEREAS, the City Council desires to fill the Office 2 at this time, and
anticipates fulling Office Numbers 6, 7 and 8 at a later date; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. On May 21, 2014, City Council approved Resolution No. 2014-015,
which appointed persons to the Recreation & Community Services Commission Office
Numbers 1, 2, 3, 4 and 5, with terms expiring on June 30, 2016. The appointment of a
new commissioner to Office Number 2 will serve the remainder of the term for an
expiration date of June 30, 2016.
Section 2. With the advertisement of the existing vacancy, one application was
received and presented to the City Council for consideration to appoint to the
Recreation & Community Services Commission as Commissioner of Office Numbers 2.
Such appointees shall hold office at the pleasure of the City Council and serve for the
term as follows:
OFFICE NUMBER
COMMISSIONER
�
TERM ENDING
..__
.......
.... �� (incumbent)
atkins inc
June 30, 2016
� _ u...
._....... 2
...nn .�......._,—�..
vacant
June 30, 2016
Iia Avila incumbent)
June 30 2016
4
u an incumbent
Ana..,,..Lula )
June 30, 016
..(in �
Leslie Brito incumbent
June 30, 2016
mm.._
Sierra Vista H. S. Student
June 30, 2016
7
� Baldwin Park H. S. Student
June 30, 2016
N e16
8
North Park H. S. Student
June 30, 2016
Resolution No. 2015-087
Page 2
Section 3. That the City Clerk shall certify to the adoption of this Resolution and
forward a copy to this resolution to all appointees and to the Recreation and Community
Services Commission Secretary
PASSED, APPROVED and ADOPTED this 2nd day of September 2015.
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss..
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing resolution 2015-087 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 held
on September 2, 2015, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA,
CITY CLERK
ATTACHMENT #2
BALDWIN PARK RECREATION AND
COMMUNITY SERVICES COMMISSION
APPLICATION
AU6 1
PLEASE ATTACH A. CITY OF BALDWIN PARK 0 2015
CURRENT COPY OF APPLICATION FOR CITY COMMISSION CITY OF DALDWI'N PARK
A UTILITY BILL AND And CRY CURKS DePARTMENT
A Copy OF YOUR
PHOTO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION ------- ---o- k0e,,fe,,4j;0n
&0", e / - C' �� u�r feel
/,a antiarato anolicatiori Is required foreac oil" h9s
ps'—n
PERSONAL INFORMATION.
Noffle Saul Barde - nt .. os
liesidenceAddress--............._,.-
Length
. . ....
Length of tirne at this Address,-.,.) —'L- E-mail
Home Phone No,.
Cell/Message Phone
Are you 18 years Of age or older? Are you registered to vote In the City of Baldwin
Do you currently serve as all; elected or appointed official for any board and/or agency within the city of Baldwin Pa - rk?
if yes, name of agency arid
EDUCATION:G'E.D.?
1 2 3 4 5 6 7 8 9 110 '11 12 High School Graduate? J=
EMPLOYMENT INFORMATION I EXPERIENCE; mmm
'vpp�' I -.w'rx A A
ew j
REFERENCES: please provide the names Of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
P ne
A(
Ole
Iwo
IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic, bar to appointment. Each case is
considered on its individual merits. ED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? -A -f —0
HAVE YOU EVER BEEN CONVICT
If yes, please list all offenses, date and place of offense(s), and sentence/fine received:
AOKNOVVLE00r;MENTICERTtF)CATION,-
I understand, that Capon Ong, IN5 applIcaflo') J)000nias a public record. I certify
under penalty of 0600Y under tho haws' � of the State of California that the foregoing
Is true and car -red
L
bate
S" nature
Voter Registration Verification: L1 Yes El NO
Residency verification: Cl Yes 0 No __.... .... ---,
Residency verification: 11 yes El No Appointment date:
Ren%idencv verification' 11 yes . ...... 11 No I)atc" Term cxpirc'��
. ......... . . . .....
�.�.._.��._.t�..� Commission I`�etfuestect: i�C
Namo w
Use this space to list your tfoals and objectives and wiry you feel you should be appointed to the
commisslon for which you are alaplying. Blease Include any additional, information you feel will be
beneficial to the Coul1011 In consideration of your appoilltmen')t to tlrls corrimiss on.
Date:
t ate:,Yo /.
Z
rre�_ _�_ tri..
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting,
-chis Application and statement of Quallficatior, will Jae kola on !file to,, two (?) year& During this timo, shouid a
vacancy o6vur in the 0017711015-sion for' which you Novo requested considerallon of appointment, your application
will be included in the pool of applicants provided however, that YOU sul)mit ccrrr0111 proof of rosiclerrcy at the time
of sold recruitment, Failum to provide currant proof of rosiderrcy with each r-ecrultment will invalidate this
application..