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Home My WebLink About2015 10 07NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, SEPTEMBER 16, 2015 at 6:00 PlM. 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: September 10, 2015 AFFIDAVIT OF POSTING Manuel Lozano Mayor 1, Alejanidra Avila, City Clerk of the City of Baldwin Park, certify that I caused thc� aforementioned Notice and Call of a Special Meeting to be delivered via ernail (hard copy to follow) to each Member and e-mail to the Sain, Gabriel Valley Tribune, and that I 0posted said notice as required by law on September 1, 2015l Alejandra Avila City Clerk CITY CO SII NIC I I SPECIAL MEETI G Please note time and OCTOBEReetin 7, 2015 ocation 6:00 Phi CITY HALL — 3'd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 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 APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que ester bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrA hacerlo durante el pertodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia CITY COUNCIL SPECIAL MEETING — 6:00 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 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA Sl REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.21 OPEN SESSION/STUDY SESSION 1. CENTER MEDIAN LANDSCAPE DESIGN Withers and Sandgren, the Landscape Architects for this project, will present plant palette alternatives for the City Council's review and guidance. 2. PRESENTATION BY GREEN ACTION COMMITTEE Craig Fisher, representing ConEdison Solutions and the Green Action Committee will present the finding of an Investment Grade Audit as part of the Energy & Sustainability Program for the City of Baldwin Park. 3. USED CAR DEALERSHIP CODE AMENDMENT Consideration to allowing used car dealer within the Freeway Commercial (FC) Zoning District for a proposed facility at 14550 Garvey Ave. RECESS TO CLOSED SESSION 4. 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) 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8: A. 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 Pursuant to Government Code 5 4956.8. B. Property: 13057 Garvey Avenue 13061 Garvey Avenue 13065 Garvey Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: CalTrans Under Negotiation: Price and terms of payment Pursuant to Government Code 54956.8: C. Property: Right -of -Way generally located: 15300 block of Nubia St., between Lante St. and La Sena Ave. 4900 block of Commerce Dr., east of Rivergrade Rd. 5000 block of Rivergrade Rd., between Live Oak Ave. and Commerce Dr, Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Adnan Chaudhry, Mobilitie Under Negotiation: Price and terms of payment 6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Paul Cook v. City of Baldwin Park, Case Number: 2:15 -CV -4163 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, 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 board not less than 72 hours prior to the meeting. Dated this 1 th day of October, 2015. Alejandra Avila City Clerk PLEASE NOTE-: Copies of staff reports and supporting d6curnentation pertaining to each item on this agenda are available for-publicviewing and inspection at City Hall, 2"' Floor, Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail kmss / __ d Q4a In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102,104 ADA TITLE /1) UUTQTIVdiv OCTOBER 7, 2015 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 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 person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por fres (3) minutos. Hay un interprete para su conveniencia. ,i r wriitten p t!ifir a.;M'C:�,� P �. ��P Pi' "u�P "'r: sir, U, �, d 8Pa'?,Q) �,�r va M D +,v° C 3 ' � � xrp ,� � P,�,,PP" m � tiii' i � �„^C.�a` 19 Ci the r��^ �.. rxC�C;i '(Y �..,r "�`�',�04 ��' �.h.U'S' ptY Y h) fly lo' 0'1er 6nc)i he 1119 ICI, 7. r� 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 REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIiONS COMMENDATIONS & PRESENTATIONS • Oath of Office for Incoming Commissioners Saul Barrientos of the Recreation and Community Services Commission and Edwin Borques of the Personnel Commissioner. • Presentation of Plaque in Recognition and Appreciation of Sal and Rose Hernandez of the Baldwin Park High School Band Booster Club Presentation by Cookie Partansky, Los Angeles County Registrar-Recorder/County Clerk, including a PowerPoint entitled "Impact of Your Vote" - General Election - November 3, 2015. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons, or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA St REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas, o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n an juntas proximas. (Codigo de Gobierno §54954.21 City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Ramirez, Maximiliano Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. Langolf, Kimberly Claimant alleges that Baldwin Park Police left cage open and her bike was stolen. Miranda, Michael Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Housing Authority, Finance Authority, Regular and Special City Council Meetings held on January 18, 2012 and Special City Council Meeting held on December 12, 2012. B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on August 19, 2015. C. Meeting Minutes of the Special and Regular City Council Meetings held on September 2, 2015. D. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on September 16, 2015. 4. AMENDMENT TO THE JAIL OPERATIONS AGREEMENT WITH THE GEO GROUP, INC. Staff recommends that Council: 1) Approve the Third Amendment to the Jail Operations Agreement with the Geo Group, Inc.; and 2) Authorize the Chief of Police, or his designee, to complete all the appropriate documentation to complete the amendment to the Agreement. 5. APPROVE THE AWARD OF BID FOR CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION WORK Staff recommends that Council approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175, and authorize the Mayor to execute the contract for Residential Street Rehabilitation Work project. 6. AUTHORIZE THE PURCHASE OF A SEDAN FOR THE PLANNING DIVISION OF COMMUNITY DEVELOPMENT Staff recommends that Council approve the purchase of one vehicle from Longo Toyota in the amount of $25,476.97 and authorize the Director of Public Works, or his designee, to sign the necessary documents to complete the purchase. City Council Agenda Page 3 7. APPROVE AND ADOPT RESOLUTION NO. 2015-095 APPROVING THE VACATION OF EASEMENT - TRACT 71822 Staffs recommends that Council waiver further reading and read by title only and, following the reading, approve and adopt Resolution No. 2015-095, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Vacation of a Portion of Calmview Avenue in the City of Baldwin Park." 8. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1380, ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5 Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt 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." 9. APPROVE THE PROPOSED EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRASIT-ORIENTED MIXED-USE DEVELOPMENT BETWEEN RAMONA BOULEVARD AND THE BALDWIN PARK CIVIC CENTER Staff recommends that Council approve the Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a proposed Phase II to a Transit -oriented Mixed-use development between Ramona Boulevard and the Baldwin Park Civic Center and authorize the Mayor to execute the contract. 10. AUTHORIZATION TO MODERNIZE THE RECORDS STOREAGE VAULT WITH FEDERAL ASSET FORFEITURE FUNDS Staff recommends that Council; 1. Waive the formal bidding process for the modernization of the records storage vault, per Baldwin Park Municipal Code §34.23(c); 2. Authorize the Finance Director to complete a budget amendment for an amount not to exceed $27,282.07, from account 205-30-360-58110, and designate the said amount for restricted purchase of the records vault modernization; and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the modernization. 11. APPROVE THE GATEWAY MONUMENT MAINTENANCE AGREEMENT WITH CALTRANS Staff recommends that Council approve and authorize the Mayor to execute the Gateway Monument Maintenance Agreement with CalTrans. City Council Agenda Page 4 12. APPROVE AND ADOPT RESOLUTION NO. 2015-093, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID MISCELLANEOUS MEMBER CONTRIBUTIONS" AND RESOLUTION NO. 2015-094, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID SAFETY MEMBER CONTRIBUTIONS" Staffs recommends that Council waiver further reading, read by title only, and approve and adopt Resolution No. 2015-093, entitled "A Resolution of the City Council of the City of Baldwin Park for Employer Paid Miscellaneous Member Contributions" and Resolution No. 2015-094, entitled "A Resolution of the City Council of the City of Baldwin Park for Employer Paid Safety Member Contributions." 13. APPROVE THE AWARD OF BID FOR CITY PROJECT NO. 2015-0101, POLICE DEPARTMENT RECORDS AREA RENOVATIONS Staff recommends that Council approve and award the contract to TEJI Construction, Inc. in the amount of $30,308, authorize the Mayor to execute the contract, and authorize the Director of Finance to make appropriate transfers and fund adjustments. 14. APPROVE OF THE CONTINUATION OF THE CONTRACT WITH ROGERS, ANDERSON, MALODY & SCOTT, LLP, TO PROVIDE INTERIM FINANCE DIRECTOR SERVICES Staff recommends that Council approve the ongoing contract with Rogers, Anderson, Malody & Scott, LLP, for Interim Finance Director Services (Terry Shea, CPA) and authorize the Mayor to execute contract. 15. RATIFY THE RETENTION OF ATTORNEY SERVICES Staff recommends that Council: 1) ratify the retention of and retainer agreement with the Cogitavit Law Corporation to provide Legal Services and authorizing the Mayor to execute said agreement upon approval; and 2) add this firm to the City's panel of approved law firms. PUBLIC HEARINGS 16. CONDUCT A PUBLIC HEARING TO CONSIDER AN EXTENSION OF AN EXISTING CITYWIDE MORATORIUM ON NEW AND THE EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS Staff recommends, following the public hearing, that Council approve and adopt: Attachment #2 entitled "Report of Measures Taken to Alleviate the Conditions that Led to the Adoption of Ordinance 1378"; and 2. Ordinance No. 1381 entitled "An Interim Urgency Ordinance of the City of Baldwin Park Extending a Moratorium on the Establishment of New and Expansion of Existing Massage Establishments Within the City of Baldwin Park, and Declaring the Urgency Thereof. City Council Agenda Page 5 REPORTS OF OFFICERS 17. 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 60tt, Anniversary marketing campaign. 18. 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 Student Commission application(s), accept nomination(s), appoint the selected individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-090, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Qualified Students From Three Baldwin Park High Schools To The Recreation & Community Services Commission Of The City Of Baldwin Park To Office Numbers 6, 7 And 8." 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. 19. REQUEST BY MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN EXTENSION OF THE TIME TO THE CURRENT EXCLUSIVE NEGOTIATION AGREEMENT (ENA) Staff is seeking direction from Council to either: 1) Grant a 6 -month extension of time to the ENA; or 2) Do nothing since the current ENA expired on September 18, 2015. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF RE VESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Councilmember Pacheco is requesting that direction be provided to bring back a report on Resolution 2016-026 regarding pay scales and steps for part-time positions. Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Councilmember Pacheco is requesting that direction be provided to staff to bring back a report to replace or upgrade the City bus shelters and replace the bus shelter trash containers using transportation funds. City Council Agenda Page 6 ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on, the City Hall bulletin board th not less than 72 hours prior to the meeting. Dated this day of October, 2015. Alejandra Avila City Clerk PLEASE NOTE; Copies of staff reports and supporting documentation pertaining to each Item on this agenda are available for public viewing and inspection at City hall, 2m' Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at k fUSSel I (0cbbgil dvWA n pgrk. corgi. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arranqements to ensure accessibilitv to this meetinq. (28 CFR 34.102.104 ADA TITLE 11) City Council Agenda Page 7 STAFF REPORT SP, "U1oF THE',/ SAN GABRIEL VALLEY TO: FROM: DATE: ITEM NO. Honorable Mayor and City Councilmembers Rose Tam, Accounting Manager , October 07, 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 two periods was $851,611.49 and the attached General Warrants Register were $1,198,434.60 for a total amount of $2,050,046.09. 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: 1. The two payrolls of the City of Baldwin Park consisting of check numbers 197333 to 197415. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 243548 to 244148 for the period of August 02, 2015 through August 29, 2015, inclusive; these are presented and hereby ratified in the amount of $851,611.49. 2. 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STAFF REPORT MEN= rr TO: Honorable Mayor and City Councilmembers HUB o FROM: Shama P. Curian, Human Resources Manager rid E45 AIN oIMr � DATE: October 7, 2015 a Y VALLEY SUBJECT: CLAIM REJECTION SUMMARY This report requests the City Council reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. FISCAL IMPACT Unknown at this time. RECOMMENDATION Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Ramirez, Maximiliano claimant alleges that he was unaware he had to pay fines for the release of his impounded vehicle Langolf, Kimberly claimant alleges the Baldwin Park Police left cage open and her bike was stolen Miranda, Michael claimant alleges that he was unaware he had to pay fines for the release of his impounded vehicle This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. LEGAL REVIEW Any specific questions should be referred to the City Attorney. ALTERNATIVES None. MINUTES ITEM NO. BALDWIN PARK HOUSING AUTHORITY JANUARY 18, 2012, 8:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:46 p.m,. ROLL CALL Cily Council or s rpt: Council Member Marlen Garcia Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:46 p.m. and seeing no one wishing to speak, Public Communications closed at 8:46 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2011 Staff recommends that the City Council receive and file the November 2011 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the November 2011 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT 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 8:47 p.m. Mayor ATTEST: City Clerk APPROVED. MINUTES BALDWIN PARK FINANCE AUTHORITY JANUARY 18, 2012, 8:30 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:46 p.m, ROLL CALL Cit Council resent: Council Member Marlen Garcia Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:46 p.m. and seeing no one wishing to speak, Public Communications closed at 8:46 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2011 Staff recommends that the City Council receive and file the November 2011 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the November 2011 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT 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 8:47 p.m, Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING JANUARY 18, 2012, 6:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at or around 6:05 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at or around 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at or around 6:05 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 490 Cloverleaf Drive — APN #8564-021-018 Agency Negotiator: Vijay Singhal & Joseph Pannone Negotiating Parties: John Duong Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9(a)) Case Name: Greg Keef, Case Number 001-06-00040 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13904 Corak St. APN #8555-017-013 13853 Garvey Ave. APN #8555-017-021 3060 Feather Ave. APN #8555-017-026 13822 Garvey Ave. APN #8555-018-002 13916 Garvey Ave. APN #8555-018-003 Agency Negotiator: Vijay Singhal & Joseph Pannone Negotiating Parties: Meruelo Baldwin Park, LLC and Kaiser Permanente Under Negotiation: Price and terms of payment RECONVENE TO OPEN SESSION/REPORT FROM CLOSED SESSION Council reconvened to Open Session at or around 6:55 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at or around 6:56 p.m. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk Approved: MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JANUARY 18, 2012, 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 7:05 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS The Mayor 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 Community Development Commission, 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 $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting Mayor Lozano asked that the evening's meeting be closed in memory of long-time resident, Mary Jane Barnes, who passed only a few days ago; extended heart -felt condolences to the family. Mayor Pro Tem Rubio requested that the meeting also be closed in memory of Tony Serpa, a long time Baldwin Park resident who recently succumbed to cancer, and extend condolences to the family of Marcella Caldaron, from Montebello Unified School District, who also passed recently from cancer. Mayor Lozano asked that the meeting also be closed in memory of Louie Ayala, a resident of Baldwin Park for more than 40 years, and Cecilia Quadros, an admired volunteer at the Senior Center. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Gavel Plaque presentation to outgoing Mayor Pro Tem Marlen Garcia Mayor Lozano and Councilmembers presented a Gavel Plaque to outgoing Mayor Pro Tem Marlen Garcia. Oath of Office to newly appointed and re -appointed commissioners Mayor Lozano narrated before the new and re -appointed commissioners of the various City Commissions, the Oath of Office and recognized each new Commissioner in appreciation. Presentation of Certificate of Recognition to Baldwin Park Police Officers for their help and assistance with the Irwindale Shooting Incident. Mayor Lozano presented to Police Officers of Baldwin Park a Certificate of Recognition in appreciation for their prompt and professional response to a recent shooting incident in Irwindale. City Council Regular Meeting Minutes 1/18/12 Mayor Lozano announced Public Communications as open at 7:39 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Ha,vier Hernandez, representative of CyclerTopia, expressed appreciation to Council and City staff for their interest and work in creating a safe environment with bike trails and streets where bicyclists can ride without danger. Alfred Amada, Baldwin Park resident and member of the CyclerTopia program, expressed appreciation for the City's efforts and asked that development continue in providing more bike lanes and safe riding areas for cyclists. C ri n Cor lez;, Baldwin Park resident, asked that bike lanes in Baldwin Park be painted green to clearly identify -bike paths and to provide a safe zone in which bicyclists can ride. Brian Escalaant , Baldwin Park resident and member of the CyclerTopia program, spoke in support of the program and hopes that the community will continue to develop and grow a more friendly environment for cyclists. Armen Escalante, Baldwin Park resident and member of Baldwin Park Citizen Committee, expressed support for the CyclerTopia program, noting that it brings families together, provides great exercise and is truly enjoyable; asked that improvements to stripes, signage and lanes be approached in a proactive way to make sure children in the community are safe. Ken Woods, Baldwin Park resident and business owner, commented on a recent visit he had at his business from representatives of E2G2, an internet service; stated that he later went to the post box for his business and found a City envelope, unsealed, which contained his new business license; expressed concern for the security and safety of such important documents. Mark Flares, Baldwin Park resident, commented on a fund raising yard sale which raised funds for music scholarships; announced that a golf tournament will be held in the near future and suggested that anyone interested in sponsoring or playing in the tournament can contact him. Connie Gonzalez:, Baldwin Park resident, stated that she is a participant of "Health Eating - Active Community" program in the community; sought support from Council in her effort to participate in a Study Abroad program hosted by Pasadena City College. Unnamed Spea.Eer, opined that Code Enforcement is a corrupt program meant to generate money and is an imposition on citizens of the community. Sean Muse, 51h Grade student at Walnut Elementary, spoke of his selection to represent Baldwin Park as a Junior Leader at the National Youth Leader Conference in Washington, D.C.; sought support, through donations, to the cost for the trip and explained the benefits that may be enjoyed by all Baldwin Park youth through his participation. Megda.W'Lorrelies, Baldwin Park resident, commented on problems with graffiti on the sidewalks; asked that Public Works and Code Enforcement check the sidewalks and take necessary steps to clean up the markings; expressed hope that commissions will successful in meeting its quorum requirements in the coming year. Seeing no others wishing to speak, Mayor Lozano closed Public Communications at 8:18 p.m. Mayor Lozano expressed support for the CycleTopia Program and suggested that a bicycle event be added along with the City's Annual 5-K Marathon Event; Council expressed support for a more bike friendly community and suggested that staff seek out grants that may help fund improvements. Page 2of9 City Council Regular Meeting Minutes 1/18/12 1. WARRANTS AND DEMANDS Staff recommends that Council receive and file. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to receive and file the Warrants and Demands as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends that Council approve the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to approve the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. TREASURER'S REPORT: NOVEMBER 2011 Staff recommends that the City Council receive and file the November 2011 Treasurer's Report. (See Item #2 on the Community Development Commission Agenda, Item #1 on the Finance Authority Agenda and Item #1 on the Housing Authority Agenda) Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to receive and file the November 2011 Treasurer's Report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. CLAIM REJECTION Staff recommends City Council reject the claims of Juan Flores, Amelia Hernandez, Robert Ferro, Manuel Valdivia, and Mayra Talavera and direct staff to send the appropriate notice of rejection to claimants. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to reject the claims of Juan Flores, Amelia Hernandez, Robert Ferro, Manuel Valdivia, and Mayra Talavera and direct staff to send the appropriate notice of rejection to claimants. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 9 City Council Regular Meeting Minutes 1/18/12 5. APPROVE THE PLANS AND SPECIFICATIONS FOR THE HILDA L. SOLIS PARK PLAYGROUND RENOVATION AND AUTHORIZE ADVERTISING THE PROJECT FOR CONSTRUCTION BIDS Staff recommends City Council approve the Plans, Specifications, and Engineer's estimate for the Hilda L. Solis Park Playground renovation and authorize staff to advertise the project for construction bids, Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to approve the Plans, Specifications, and Engineer's estimate for the Hilda L. Solis Park Playground renovation and authorize staff to advertise the project for construction bids. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. ADOPTION OF RESOLUTION NO. 2012-003 ASSIGNING RIGHT TO APPLY FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT CITIES EXCESS FUNDS TO THE TRUST FOR PUBLIC LAND FOR THE FITNESS ZONE AT MORGAN PARK PROJECT Staff recommends the City Council 1) Waive further reading, read by title only and adopt Resolution No. 2012-003 entitled "A RESOLUTION OF THE CITY OF BALDWIN PARK ASSIGNING RIGHT TO APPLY FOR GRANT FRUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT CITIES EXCESS FUNDS TO THE TRUST FOR PUBLIC LAND FOR THE FITNESS ZONE AT MORGAN PARK PROJECT"; and 2) Authorize the Mayor to sign "RIGHT OF ENTRY PERMIT AND LICENSE AGREEMENT FOR EXERCISE EQUIPMENT INSTALLATION -MORGAN PARK"; and 3) Authorize the Director of Recreation & Community Services to execute any further documents. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to 1) Waive further reading, read by title only and adopt Resolution No. 2012-003 entitled "A RESOLUTION OF THE CITY OF BALDWIN PARK ASSIGNING RIGHT TO APPLY FOR GRANT FRUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT CITIES EXCESS FUNDS TO THE TRUST FOR PUBLIC LAND FOR THE FITNESS ZONE AT MORGAN PARK PROJECT"; and 2) Authorize the Mayor to sign "RIGHT OF ENTRY PERMIT AND LICENSE AGREEMENT FOR EXERCISE EQUIPMENT INSTALLATION -MORGAN PARK"; and 3) Authorize the Director of Recreation & Community Services to execute any further documents.. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVAL TO PURCHASE VEHICLE, WAIVE FORMAL BID PROCEDURES AND AUTHORIZE STAFF THE PROCUREMENT AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH Staff recommends that the City Council 1) Approve $55,300 of budgeted monies from the Asset Forfeiture Fund and $39,700 of insurance proceeds received and deposited into the Asset Page 4 of 9 City Council Regular Meeting Minutes 1/18/12 Forfeiture (for a total of $95,000) to be used for the replacement of vehicles damaged in traffic collisions; and 2) The City Council find (i) that it would be uneconomical to follow purchasing procedures since the vehicle is available at lower prices if purchased through an existing contract with the County and (ii) that the welfare of the public therefore would be promoted by dispending with the purchasing procedures; and 3) Approve the procurement of two (2) police vehicles not to exceed $95,000 by the Director of Recreation and Community Services Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to 1) Approve $55,300 of budgeted monies from the Asset Forfeiture Fund and $39,700 of insurance proceeds received and deposited into the Asset Forfeiture (for a total of $95,000) to be used for the replacement of vehicles damaged in traffic collisions; and 2) The City Council find (i) that it would be uneconomical to follow purchasing procedures since the vehicle is available at lower prices if purchased through an existing contract with the County and (ii) that the welfare of the public therefore would be promoted by dispending with the purchasing procedures; and 3) Approve the procurement of two (2) police vehicles not to exceed $95,000 by the Director of Recreation and Community Services. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. IMPLEMENTATION UPDATE FOR HEALTHY POLICY YIELDS HEALTHY MINDS INITIATIVE RESOLUTION NO. 2011-027 Staff recommends that the City Council 1) This and future staff reports are a receive and file; and 2) Future update of Healthy Policy Yields Healthy Minds Initiative Resolution No. 2011-027 be provided to the City Council on an annual basis with the next update taking place in January 2013. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to receive this and future staff reports are a receive and file; and 2) Future update of Healthy Policy Yields Healthy Minds Initiative Resolution No. 2011-027 be provided to the City Council on an annual basis with the next update taking place in January 2013. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. CITY COUNCIL CONSIDERATION AND APPROVAL OF THE RELEASE OF FUNDS ALLOATED BY THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG)PROGRAM Staff recommends 1) City Council approve the combination of the Edward Byrne Memorial Justice Assistance grants for the purchase of the SWAT tactical robots; 2) Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park Municipal Code for the purchase of the RoboteX Inc. tactical robots.; 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to 1) approve the combination of the Edward Byrne Memorial Justice Assistance grants for the purchase of the SWAT tactical robots; 2) Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park Municipal Code for the purchase of the RoboteX Inc. tactical robots.; and 3) Authorize the Chief of Police, or her designee, to Page 5 of 9 City Council Regular Meeting Minutes 1/18/12 complete all appropriate documentation to complete the purchases.. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. NEW CERTIFICATION OF CONTRACTORS PREQUALIFIED TO BID ON THE CONSTRUCTION OF THE TRANSIT CENTER Staff recommends City Council approve and certify the list of contractors that the Construction Manager and staff have prequalified as shown in the Attachment. Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to approve and certify the list of contractors that the Construction Manager and staff have prequalified as shown in the Attachment. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None, ABSENT: None. ABSTAIN: None. 11. APPROVAL OF FINAL MAP FOR TRACT NO. 71409 AT 3346 - 3354 VINELAND AVENUE (DEVELOPER: D. C. CORP.) Staff recommends City Council adopt Resolution No. 2012-005, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY BALDWIN PARK APPROVING THE FINAL MAP FOR TRACT 71409." Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to adopt Resolution No. 2012-005, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY BALDWIN PARK APPROVING THE FINAL MAP FOR TRACT 71409." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. CITY COUNCIL RESOLUTION NO. 2012-002 AND COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 472 REGARDING FORGIVENESS OF LOANS REQUIRED BY AB 936 (See Item #3 on the Community Development Commission Agenda) Staff recommends City Council adopt Resolution No. 2012-002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGARDING FORGIVENESS OF LOANS TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK." Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to adopt Resolution No. 2012-002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGARDING FORGIVENESS OF LOANS TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK.". AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None, Page 6 of 9 City Council Regular Meeting Minutes 1/18/12 13. CITY COUNCIL RESOLUTION NO. 2012-006 REGARDING REDEVELOPMENT RELATED HOUSING FUNCTIONS FORMERLY EXERCISED BY THE COMMUNITY DEVELOPMENT COMMISSION Staff recommends City Council adopt Resolution No. 2012-006, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DETERMINING THE CITY OF BALDWIN PARK SHALL RETAIN THE REDEVELOPMENT RELATED HOUSING ASSETS AND FUNCTIONS FORMERLY EXERCISED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176." Motion was made by Councilmember Ricardo Pacheco, seconded by Councilmember Marlen Garcia, carried (5-0) to adopt Resolution No. 2012-006, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DETERMINING THE CITY OF BALDWIN PARK SHALL RETAIN THE REDEVELOPMENT RELATED HOUSING ASSETS AND FUNCTIONS FORMERLY EXERCISED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 14. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN-HOUSE COMMITTEES Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No. 2012- 004 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY'; 2) review Committee in-house appointments and appoint members as representatives to the established committees. Mayor Lozano recited each of the agencies and current serving representatives, offering for to make any changes if so desired. The final selection is as follows: ._ San Gabriel Valley Water Association Representative. Richard Pacheco Alternate:,,-,, ., .. ._. _.._ .. . Manuel Lozano . __...------ -- - Los Angeles County Sanitation District Nos. 15 and 22 Manuel Lozano Alternate Representative:..... _.. Marlen Garcia ...,.....w....m League of California Cities - Los Angeles County Division Representative MonicaGarcia Alternate Marlen Garcia _ ........_..... ... ...... .... ............_ Civil Defense Area "D" Director's Meeting _.__ _.. . Representat►ve Chief Lili Hadsell Alternate:.. _ _. Manuel Lozano ........... .... _ Civil Defense Area "D" General Membership ................. .. . ........ .. ....... Representat►ve, Marlen Garcia Alternate,° . . . ...... . . ..... . Chief Lili Hadsell Page 7 of 9 City Council Regular Meeting Minutes 1/18/12 Independent Cities. �.m p Association �M "' . _ Representative. Marlen Garcia - — -._ .... ............ ..... Alternate Monica Garcia .. Independent Cities Association Lease Finance Authority Representative Ricardo Pacheco Alternate ...�, .., Vi �,jay Singhal ..._ ......._... Los Angeles County - City Selection Committee Representative Manuel Lozano Alternate Susan Rubio -1-_--,--__ - -- ....... Southern California Association of Governments m. ._ .. Re p resentat Rubio five Alternate. . Ricardo Pacheco � ,.Susan Foothill Transit Zone j"'Marien. Representat►ve Garcia Alternate Susan Rubio _. ......� ........ � ��._.. � _...._._ San Gabriel Valley Council of Governments —_._.......... ...... . �.... .... ReRepresentative: __ p � Monica Garcia -- ..... . . .... � Alternate .. ..... — Susan Rubio J .. . . . . ..... . ........... . ..... Independent Cities Risk Management Authority (ICRMA) - Representatwe t. Ricardo Pacheco I m - Alternat e I Manuel Lozano Alternate: Leticia Lara _ - San Gabriel Valley Economic Partnership _... _.. ___ ......... 11.11 p._ nt tive Susan .Rubio... Re �resenta .....w.... Alternate ��mm............. ... _. .........he Ricardo Pacheco Graffiti Task Force .. Representative Manuel Lozano Alternate .... ..... ._ Ricardo Pacheco In -House Freeway Task Force Representative: tive: I Marlen Garcia_ Alternate_ _- Monica Garcia mm ^ m ^^m 2 + 2 + 2 City Council/School Board/Water Board Committee Re resentative Mo_ p 1 nicaGarcia Alternate: �....... S usan Ru bio- - _ Shopping Center Committee Representative' ----- - Marlen Garcia — Altern ate t". --- - - --- --- Manuel Lozano .. Fireworks Committee Marlen Garcia Representative;........__ Alternate _ ,_., ____._.__ Ma nuel Lozano _. Workforce & Career Development Enhancement Committee Re resentat p . we a Monica Garcia - Alternate _ �� _....... Marlen Garcia __ .-. _..__ _. .. _ CITY COUNCIL I CITY CLERK /CITY TREASURER /STAFI" R'E UESTS & COMMUNICATIONS Request by Mayor Lozano for discussion on the following: • Council discussion on the 2012 State of the City Address date and program. Mayor Lozano reviewed the program for the upcoming State of the City, confirming each member's role and participation in the event. The date selected for the event is Friday, March 2, 2013 at 8:30 a.m. Page 8 of 9 City Council Regular Meeting Minutes 1/18/12 Request by Councilmember Monica Garcia for discussion & direction to staff on the following: • Contact the Army Corps of Engineers to explore possibilities of creating a pedestrian -friendly and cycle -able recreational beltway along the North side of Arrow Highway between the 605 Freeway and the entrance of Santa Fe Dam. Engage regional partners who have been working to promote the'Emerald Necklace' and bike path along the San Gabriel River. Discuss the possibilities of connecting these paths to Walnut Creek Park. Councilmember Garcia began by explaining that the plant nursery, Norman's Nursery, will be vacating the property in the region of Santa Fe Dam and is suggesting that the area be converted to a green belt area suitable for pedestrian/hikers and bicyclists. • Bring forth a resolution proclaiming every September "First Responders Appreciation Month" Councilmember Garcia suggested that an annual appreciation month be established, by Proclamation, to designate September as "First Responders Appreciation Month." Councilmember Marlen Garcia reported on her attendance at the Foothill Transit meeting earlier in the day. Councilmember Ricardo Pacheco reported on the teleconference meeting that he and Councilmember Monica Garcia had with Senator Ed Hernandez. ADJOURNMENT A motion was made by Mayor Lozano, seconded by Mayor Pro Tem Rubio, and carried (5-0) to adjourn the meeting at 8:46 p.m. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk APPROVED: Page 9 of 9 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 12,2012,6:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:35 p.m. by Mayor Lozano, ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:35 p.m. Seeing no one wishing to speak, Public Communications closed at 6:35 p.m. None. Council recessed to Closed Session at 6:36 p.m. RECESS TO CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director RECONVENE TO OPEN SESSIO'NIREPORT FROM CLOSED SESSION Council reconvened to Open Session at 6:55 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 6:56 p.m. ATTEST: Alejandra Avila, City Clerk APPROVED: Manuel Lozano, Mayor Page 1 of 1 ITEM NO. 3 MINUTES BALDWIN PARK HOUSING AUTHORITY AUGUST 19, 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 9:00 p.m ROLL CALL City Council resent: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 9:00 p.m. and seeing no one wishing to speak, Public Communications closed at 9:00 p.m. CONSENT CALENDAR None ADJOURNMENT 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 AUGUST 19, 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 9:00 p.m, ROLL CALL Cit Council resent: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 9:00 p.m. and seeing no one wishing to speak, Public Communications closed at 9:00 p.m. CONSENT CALENDAR None ADJOURNMENT 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 CITY COUNCIL STUDY SESSION AND SPECIAL MEETING AUGUST 19, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:35 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco (arrived at 5:40 p.m.) Councilmember Monica Garcia (arrived at 5:45 p.m.) Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:42 p.m, Seeing no one wishing to speak, Public Communications closed at 5:42 p.m. OPEN SESSION 1. [Item No. 1 is Being Held Over] There was not discussion on this. 2. COTTAGE FOOD OPERATIONS ORDINANCE Presentation by staff regarding an amendment to Code that would permit Cottage Food Operations in accordance with State Law. City Planner Amy Harbin provided a narrative summary of the Ordinance, the restrictions and allowances, and noted that the Ordinance is being introduced to comply with State law. Following the presentation, Ms. Harbin responded to questions from Council. 3. CITY COUNCIL STANDING RULES / CODE OF CONDUCT Discussion regarding proposed rules/code of conduct. Chief Executive Officer Shannon Yauchzee narrated a PowerPoint presentation, noting that much of the information provided is a compilation of standards used at some of the surrounding cities. Following the presentation by Mr. Yauchzee, discussion amongst Council ensued. Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 1 of 3 Mayor Lozano expressed strong objection to the proposal, opining that the introduction of this item is not necessary and that some of the items included in the presentation seem to prevent open communication and he will not support any such constrictions; stated that these types of restrictions tend to quash any and all input and ideas because the restricts free communication between Council and Staff; stated that the Chief Executive Officer/City Manager (CEO/CM) should not be a "filter" to ideas and activities. Councilmember Garcia expressed that she felt this item is a method of "bullying" and that such conduct is unethical; opined that the presentation seems to chastise councilmember and that councilmembers and staff must hold themselves to a higher standard; voiced strong objection to the item. Mayor Pro Tem Baca pointed out that the presentation is in a "draft" state and is open to changes; stated that the decorum of all members should be maintained in an adult manner; opined that the verbal abuse and derogatory statements made to other councilmembers and citizens attending council meetings is very upsetting and the purpose of this proposal is to more clearly define acceptable behavior. Councilmember Rubio expressed support for the concept, pointing out that Council is not committed to including all of the items presented but that it may be wise to pick and choose those items that would be beneficial and would promote professional and positive conduct. Councilmember Pacheco pointed out that Rules of Conduct are defined in Baldwin Park Municipal Code; opined that what has been presented here gives too much power to CEO/CM and unnecessarily restricts interaction between council and staff members; feels it stifles progress and that the current open -communication has served the City well thus far; pointed out that council is capable of working well together and that focus should be given to accomplishing projects that will benefit the community and not putting up barriers; voice objection to the item since Municipal Code already provides for rules of conduct. Lengthy discussion continued as councilmembers spoke as to whether the introduction of this item is being taken personally and that there is fear of surrendering control by Council. A motion was made by Mayor Pro Tem Baca to bring this item back at another time to consider the value of the proposed rules and select only those that would be of value. Being a Study Session item, nor formal action is necessary however Council chose to accept the motion and take a vote by roll call with majority vote rule. A motion was made by Baca, seconded by Rubio, with objection lodged by Pacheco. Ayes: Baca, Rubio Noes: Garcia, Lozano, Pacheco Absent: None. Abstain: None. Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 2 of 3 4. 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): Three (3)* 5. CONFERENCE WITH LEGAL COUNSEL—PUBLIC EMPLOYEE APPOINTMENT Pursuant to paragraph (b) of Government Code Section 54957: Title: Finance Director ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:10 p.m. REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. Mayor ATTEST: City Clerk APPROVED: Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 19, 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 7:08 p.m, INVOCATION The invocation was provided by Father Mike Gutierrez. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that staff received direction but that no reportable action was taken on items discussed during Closed Session. 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 meeting and $50 for attending the Finance Authority meeting. Mayor Lozano asked that the meeting be closed in memory of the mother of Sister Rosario, extending sincerely sympathy to her and her family. Mayor Lozano also extended condolences to the family of a well-respected teacher and coach at Baldwin Park High School, Bill Sterling, who recently passed away; extended deepest condolences to his surviving wife, Terry, and his three sons. Mayor Pro Tem Baca asked that the meeting be closed in memory of her late Brother-in-law Danny Sambello, who was recently in a fatal boating accident. A Certificate of Recognition was presented to Ricky Marin to recognize his accomplishments as a student of Judo and member of the Mojica Judo Club; received encouragement to continue to pursue his dream of competing as a member of the U.S. Olympic Judo Team. • Presentation of America's Job Center opening at the Baldwin Park Adult and Community Education Center Chief Executive Officer Shannon Yauchzee narrated a PowerPoint presentation noting the various services that will be available to job seekers; commented on the prospects of expanding the service hours based demand; announced that the Center would have its official ribbon cutting ceremony on Thursday, September 17, 2015, and invited the community to attend. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:25 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Lilian De Laza-Gutlerrez, Community Relations Manager for San Gabriel Valley, Los Angeles County Metropolitan Transportation Authority (MTA), introduced herself and invited the Council and community to the Grand Opening of the EI Monte Station Bike Hub, which will provide various services to bicyclists and bicycle storage for bike -commuters; announced that MTA will be holding a Ridership Forum on September 14, 2015, to encourage feedback and provide information to riders of the busses throughout the San Gabriel Valley. Thomas Kerri, Riverside resident, commented on the increase of the contract value for on-call professional services which was discussed at the previous Council meeting; suggested that the fundis should be used to provide body -cameras to police officers instead; commented on the suggested logo for the 60`h Anniversary celebration, noting that the City Hub should be used; commented on issues related to the impounding of vehicles and the length of time the vehicles are held, pointing out that state law defines how long vehicles must be kept. Art Luna, Baldwin Park resident, commented on Item No. 6 on this evening's agenda; commented on the recent issues regarding Royal Coach, which was discussed at the previous Council meeting; asked why City vehicles (not police vehicles) are being equipped with GPS, opining that it is a waste of money. Gilbert Nabor Padilla, Baldwin Park resident, commented on the wide -spread power outage that occurred earlier the same day; expressed concern regarding the outage, noting that it could be hazardous to residents when the power is restored because it could cause surges and possibly worse; expressed great concern because residents were not informed of the power outage in advance and residents were not prepared. Irma Munoz, Baldwin Park resident, spoke on behalf of the neighbors and parents with students attending De Anza school; read from a prepared letter that was presented to Council expressing objection to the Wayne Manor mental health facility project which would be adjacent to the school; voiced concern for the safety of students and children in the neighborhood since patients would be allowed to leave the premises without supervision. G Tuttle, Baldwin Park business owner, commented on Item No. 6 on this evening's agenda; opined that the increase of the discretionary threshold for these contracts is unjustified; commented on late filing of FPPC forms by some Council members; commented on the Rules Page 2 of 9 of Conduct item which was presented at a previous Study Session, noting that some Councilmembers should not have objected to strongly and questions their ethics. MgLqadtg Vg as, Baldwin Park resident, commented on trash accumulating in some of the shopping centers; suggested that someone be contact to address the issue. Juan Rios, Baldwin Park resident, commented on the requirement of ethics training and the pressure that is placed on staff when higher authority makes questionable demands; commented on staff changes that occurred a couple of years ago and inferred that it may have been a result of questionable conduct. Carlos Lopez, Baldwin Park resident, announced his recent appointment to the Baldwin Park School Board and, as a board member, he has been very concerned regarding the issues surrounding the proposed Wayne Manor mental health facility; noted that, being disabled himself, he understand the need to provide the proposed services but echoed the concerns of residents and parents in that there is some risk to students in the area if this project were to go forward. Seeing no others wishing to speak, Public Communications closed at 7:54 p.m. CONSENT CALENDAR *Mayor Lozano announced that Item No. 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), would be pulled from the Consent Calendar and placed under the Public Hearing portion of this evening's agenda. The following items were held for discussion: Item Nos. 4, 6, 8 and 9. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVAL OF MEETING MINUTES Receive and file: 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. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. Page 3 of 9 ABSENT: None. ABSTAIN: None. 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." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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." Mayor Pro Tem Baca asked for clarification as to the urgency of this ordinance. Community Development Director Marc Castagnola explained that the purpose of this Ordinance is to bring the City's Municipal Code in compliance with State statutes regarding the same matter. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve for a second reading 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 9 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." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. Mayor Pro Tem Baca began discussion on this item, stating that there is concern regarding the significant increase to the discretionary threshold for this particular type of contract; pointed out that the proposed change would provide for discretionary approval of contract increases to an amount in excess of $100,000, noting that approval of spending at such a high level should be presented for Council approval. Councilmember Rubio expressed concern regarding the proposed changes and objected to making such a dramatic change to the contract from the dais; opined that this action is unfair to Council as it circumvents scrutiny by Councilmembers at a time when finances are such a concern for the City; echoed Mayor Pro Tem's concern regarding the approval of spending at such a level without Council approval. Councilmember Pacheco explained that an RFQ had already been released and qualified firms were selected and represented with this item; noted that the reason for this action is to streamline the process and minimize lost time major projects. Mayor Pro Tem Baca continued to object to the proposed contract language and requested that the item be brought back for approval after revisions to the contract have been done and Council has had a chance to review the contract before bringing it to action; stated that her major concern is maintaining a conservative approach. Councilmember Garcia voiced her concern, concurring with Mayor Pro Tem with regard to the discretionary approval of funds but also noted her understanding the need to streamline the process; requested that perhaps quarterly reports could be provided to Council for review. Councilmember Pacheco agreed as to this stipulation and made a motion to approve the item with the modification to all contracts whereby quarterly reports would have Page 5 of 9 to be provided to Council for review. Mayor Pro Tem Baca objected and, as a result, Mayor Lozano called for a Roll Call Vote. A motion was made by Pacheco, seconded by Lozano, and carried (4 —1; Baca Objecting) to approve and authorize the amendments to three General On -Call Professional Services Agreements with the modification to all contracts that quarterly reports would be required and those reports would be presented to Council for review. AYES: Lozano, Garcia, Rubio, Pacheco NOES: Baca ABSENT: None. ABSTAIN: None. *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." Prior to the consideration of the Consent Calendar, Mayor Lozano announced that this item would be removed from the Consent Calendar and heard as a Public Hearing Item. Because no Public Hearing items were scheduled for the evening, a heading does not appear on the agenda or this Minute transcript. Therefore, this item, while heard as a Public Hearing item, shall be listed under Consent as is. Mayor Lozano opened the Public Hearing at 8:11 p.m. and invited those wishing to speak against in support of the proposed Ordinance. Thomas Ferri, Riverside resident, spoke in support of the Ordinance, noting that it will help to mitigate illegal activities. Mayor Lozano then invited those wishing to speak against of Ordinance to come forward. Seeing no further interest, Mayor Lozano closed the Public Hearing at 8:12 p.m. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve and adopt as an Urgency Ordinance, 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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." Page 6 of 9 4 10 Mayor Pro Tem Baca noted that she has spoken to several residents in the area and concurs with their concerns regarding parking in the neighborhood; expressed her support for implementing permitted parking in the area. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. Councilmember Pacheco requested that this item be held over as he will be seeking additional information from Director Wall. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to carry this item, the approval of the agreement with Psomas, Inc., to provide for the design of the San Gabriel River Commuter Bikeway, to a future meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to 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. AYES: Lozano, Baca, NOES: None. ABSENT: None. ABSTAIN: None. Garcia, Rubio, Pacheco 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. Page 7 of 9 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the Agreement with Christiansen Amusements to provide carnival services and authorize the Mayor to execute the Agreement. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 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. Recreation and Community Services Director Manuel Carrillo presented the five artist renderings of possible logos to be used for the marking of the City of Baldwin Park 60th Anniversary. Discussion ensued as each Councilmember expressed their preferences for the logos; following discussion, Council chose Option A with the contingency that the lettering be larger and bolder. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the selection of Option A, with the provision that the lettering will be larger/bolder, for the logo for the 60th Anniversary and direct staff to proceed with the 60th Anniversary marketing campaign. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Subsequent to the selection of Option A, Council returned to this item for additional discussion. Council directed staff to return Option A to the artist for revision as noted above (bolder letters) and anniversary year added, and revise Option B to include the anniversary year, then bring back both options for Council consideration at a future meeting. 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" A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to nominate and, contingent upon positive results of a background check, appoint Saul Barrientos to the Recreation and Community Services Commission of the City of Baldwin Park, to Office Number 2. AYES: Lozano, Baca, Garcia, Rubio, Pacheco Page 8 of 9 NOES: None. ABSENT: None. ABSTAIN: None. At this time, Council entertained the application of Edwin Borques to the Personnel Commission, Office Number 4. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to nominate and, contingent upon positive results of a background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint the selected individual, Edwin Borques to the Personnel Commission of the City of Baldwin Park, Office Number 4. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Mayor Lozano ask that Rafael Gonzales, retiring Librarian for the Baldwin Park Public Library, be recognized at the next Baldwin Park Street Market. City Treasurer Maria Contreras extended appreciation to staff and community for support over the past few months with the passing of her parents; also wished her husband a happy birthday. Mayor Lozano directed staff to create new signage for the street medians where the grass is turning brown to inform people of the efforts to save water; also directed staff to include information regarding the "Brown is the New Green" campaign which encourages water conservation. Councilmember Garcia asked that staff prepare and provide a staff report at a future Council meeting which will provide a status of the property on Merced, pointing out that it has become blighted and the building has become an eye sore. Councilmember Pacheco asked that staff work closely with Waste Management to remove large items which have been discarded; requested that Code Enforcement step up their patrols to address those properties that are not being maintained. Mayor Lozano announced that he would not be attending the next meeting as he will be in Washington, D.C., representing Baldwin Park's Healthy Living Program. Dere being TMENT hg no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:32 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING SEPTEMBER 2, 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 PRESENT: Councilmember Ricardo Pacheco Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano ABSENT: Councilmember Monica Garcia PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:40 p.m. QLeATutflg, Baldwin Park business owner, commented of a previous council meeting at which rules of conduct were discussed; commented on the previous City leaders and how business was conducted; opined that Council is micromanaging. Art Luna, Baldwin Park resident, commented on council members arriving late at meetings; opined that the Mayor should enforce attendance and conduct during meetings. Seeing no one wishing to speak, Public Communications closed at 5:50 p.m. OPEN SESSION 1. DOWNTOWN PUBLIC ARTS COMMISSION Presentation by staff pertaining to a Downtown Public Arts Commission. Public Works Director Dan Wall narrated a PowerPoint presentation, offering examples of art work done on utility boxes and other fixtures in adjacent cities; it was suggested that high school students might be commissioned to do some of the art work but reservations were expressed as to whether some themes may be controversial or unbecoming. Council gave direction to staff to work with the City Attorney to develop guidelines within the legal limits that would provide a certain amount of discretional control to the City for the sake of mitigating any questionable work that might be challenged as an expression of art. Council also directed that the City Attorney include language that would release any copyright or intellectual property rights to ensure the artwork becomes property of the City. Page 1 of 3 Council directed staff to also begin identifying those who might serve on the Arts Commission; contacting a local high school Art Teacher to be a part of the Commission; noted that the guidelines should be drafted for approval first, and a list of prospective participants on the Commission could be presented thereafter. 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. The party requesting this item, Hadley Towing, was not in attendance. Therefore, this item was bypassed and there was not discussion. 3. CUSTOMER SERVICE SURVEY RESULTS Presentation by staff pertaining to the results of the Customer Service Survey, Chief Executive Officer Shannon Yauchzee narrated a PowerPoint presentation in which he reviewed the data resulting from a recent customer survey; noted that the survey was available to customers both online and in hard copy on the 2nd Floor of City Hall; highlighted some of the areas in which customer satisfaction was low and how staff responded by making building improvements, purchasing furniture and adjusting staff time to cover timeframes in which the customer counters were busier; stated that the customer service survey will remain available and that staff will use the data to address areas of concern and continue to strive for outstanding customer service.. 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 Page 2 of 3 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 ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:04 p.m. REPORT ON CLOSED 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 SEPTEMBER 2, 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 7:07 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 Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. ANNOUNCEMENTS Mayo Pro Tem Baca asked that the meeting be closed in memory of Consuelo Arusco who passed recently; she extended her condolences to family and friends. Councilmember Rubio commented on the results of the Customer Service Survey which was reviewed at the Special Meeting/Study Session and expressed appreciation to staff. 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. Mayor Lozano congratulated each of the appointed and re -appointed Commissioners following their recital of the Oath and Affirmation to their respective offices. • Presentation of Certificate of Recognition to Ricky Marin, to honor his accomplishments in Judo and in representing the Mojica Judo Club. A Certificate of Recognition was presented to Ricky Marin to recognize his accomplishments as a student of Judo and member of the Mojica Judo Club; received encouragement to continue to pursue his dream of competing as a member of the U.S. Olympic Judo Team. • Presentation of America's Job Center opening at the Baldwin Park Adult and Community Education Center Chief Executive Officer Shannon Yauchzee narrated a PowerPoint presentation noting the various services that will be available to job seekers; commented on the prospects of expanding the service hours based demand; announced that the Center would have its official ribbon cutting ceremony on Thursday, September 17, 2015, and invited the community to attend. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:25 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Lilian Lie Loza-Gutierrez, Community Relations Manager for San Gabriel Valley, Los Angeles County Metropolitan Transportation Authority (MTA), introduced herself and invited the Council and community to the Grand Opening of the El Monte Station Bike Hub, which will provide various services to bicyclists and bicycle storage for bike -commuters; announced that MTA will be holding a Ridership Forum on September 14, 2015, to encourage feedback and provide information to riders of the busses throughout the San Gabriel Valley. Thomas Kerri, Riverside resident, commented on the increase of the contract value for on-call professional services which was discussed at the previous Council meeting; suggested that the funds should be used to provide body -cameras to police officers instead; commented on the suggested logo for the 601h Anniversary celebration, noting that the City Hub should be used; commented on issues related to the impounding of vehicles and the length of time the vehicles are held, pointing out that state law defines how long vehicles must be kept. Art Luna, Baldwin Park resident, commented on Item No. 6 on this evening's agenda; commented on the recent issues regarding Royal Coach, which was discussed at the previous Council meeting; asked why City vehicles (not police vehicles) are being equipped with GPS, opining that it is a waste of money. Gilbert Nabor Padilla, Baldwin Park resident, commented on the wide -spread power outage that occurred earlier the same day; expressed concern regarding the outage, noting that it could be hazardous to residents when the power is restored because it could cause surges and possibly worse; expressed great concern because residents were not informed of the power outage in advance and residents were not prepared. Irma. Munoz, Baldwin Park resident, spoke on behalf of the neighbors and parents with students attending De Anza school; read from a prepared letter that was presented to Council expressing objection to the Wayne Manor mental health facility project which would be adjacent to the school; voiced concern for the safety of students and children in the neighborhood since patients would be allowed to leave the premises without supervision. %reg Tuttle, Baldwin Park business owner, commented on Item No. 6 on this evening's agenda; opined that the increase of the discretionary threshold for these contracts is unjustified; commented on late filing of FPPC forms by some Council members; commented on the Rules Page 2of9 of Conduct item which was presented at a previous Study Session, noting that some Councilmembers should not have objected to strongly and questions their ethics. Margarita YpLga , Baldwin Park resident, commented on trash accumulating in some of the shopping centers; suggested that someone be contact to address the issue. Juan Rios, Baldwin Park resident, commented on the requirement of ethics training and the pressure that is placed on staff when higher authority makes questionable demands; commented on staff changes that occurred a couple of years ago and inferred that it may have been a result of questionable conduct. Carlos L pez, Baldwin Park resident, announced his recent appointment to the Baldwin Park School Board and, as a board member, he has been very concerned regarding the issues surrounding the proposed Wayne Manor mental health facility; noted that, being disabled himself, he understand the need to provide the proposed services but echoed the concerns of residents and parents in that there is some risk to students in the area if this project were to go forward. Seeing no others wishing to speak, Public Communications closed at 7:54 p.m. CONSENT CALENDAR *Mayor Lozano announced that Item No. 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), would be pulled from the Consent Calendar and placed under the Public Hearing portion of this evening's agenda. The following items were held for discussion: Item Nos. 4, 6, 8 and 9. 1.. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVAL OF MEETING MINUTES Receive and file: 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. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. Page 3 of 9 ABSENT: None. ABSTAIN: None. 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." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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." Mayor Pro Tem Baca asked for clarification as to the urgency of this ordinance. Community Development Director Marc Castagnola explained that the purpose of this Ordinance is to bring the City's Municipal Code in compliance with State statutes regarding the same matter. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve for a second reading 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None, ABSENT: None. ABSTAIN: None. Page 4 of 9 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." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. Mayor Pro Tem Baca began discussion on this item, stating that there is concern regarding the significant increase to the discretionary threshold for this particular type of contract; pointed out that the proposed change would provide for discretionary approval of contract increases to an amount in excess of $100,000, noting that approval of spending at such a high level should be presented for Council approval. Councilmember Rubio expressed concern regarding the proposed changes and objected to making such a dramatic change to the contract from the dais; opined that this action is unfair to Council as it circumvents scrutiny by Councilmembers at a time when finances are such a concern for the City; echoed Mayor Pro Tem's concern regarding the approval of spending at such a level without Council approval. Councilmember Pacheco explained that an RFQ had already been released and qualified firms were selected and represented with this item; noted that the reason for this action is to streamline the process and minimize lost time major projects. Mayor Pro Tem Baca continued to object to the proposed contract language and requested that the item be brought back for approval after revisions to the contract have been done and Council has had a chance to review the contract before bringing it to action; stated that her major concern is maintaining a conservative approach. Councilmember Garcia voiced her concern, concurring with Mayor Pro Tem with regard to the discretionary approval of funds but also noted her understanding the need to streamline the process; requested that perhaps quarterly reports could be provided to Council for review. Councilmember Pacheco agreed as to this stipulation and made a motion to approve the item with the modification to all contracts whereby quarterly reports would have Page 5 of 9 to be provided to Council for review. Mayor Pro Tem Baca objected and, as a result, Mayor Lozano called for a Roll Call Vote. A motion was made by Pacheco, seconded by Lozano, and carried (4 — 1; Baca Objecting) to approve and authorize the amendments to three General On -Call Professional Services Agreements with the modification to all contracts that quarterly reports would be required and those reports would be presented to Council for review. AYES: Lozano, Garcia, Rubio, Pacheco NOES: Baca ABSENT: None. ABSTAIN: None. *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." Prior to the consideration of the Consent Calendar, Mayor Lozano announced that this item would be removed from the Consent Calendar and heard as a Public Hearing Item. Because no Public Hearing items were scheduled for the evening, a heading does not appear on the agenda or this Minute transcript. Therefore, this item, while heard as a Public Hearing item, shall be listed under Consent as is. Mayor Lozano opened the Public Hearing at 8:11 p.m. and invited those wishing to speak against in support of the proposed Ordinance. Thomas Kerri, Riverside resident, spoke in support of the Ordinance, noting that it will help to mitigate illegal activities. Mayor Lozano then invited those wishing to speak against of Ordinance to come forward. Seeing no further interest, Mayor Lozano closed the Public Hearing at 8:12 p.m. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve and adopt as an Urgency Ordinance, 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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." Page 6 of 9 9. 10 Mayor Pro Tem Baca noted that she has spoken to several residents in the area and concurs with their concerns regarding parking in the neighborhood; expressed her support for implementing permitted parking in the area. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. Councilmember Pacheco requested that this item be held over as he will be seeking additional information from Director Wall. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to carry this item, the approval of the agreement with Psomas, Inc., to provide for the design of the San Gabriel River Commuter Bikeway, to a future meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to 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. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 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. Page 7 of 9 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the Agreement with Christiansen Amusements to provide carnival services and authorize the Mayor to execute the Agreement. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 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. Recreation and Community Services Director Manuel Carrillo presented the five artist renderings of possible logos to be used for the marking of the City of Baldwin Park 60th Anniversary. Discussion ensued as each Councilmember expressed their preferences for the logos; following discussion, Council chose Option A with the contingency that the lettering be larger and bolder. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the selection of Option A, with the provision that the lettering will be larger/bolder, for the logo for the 60th Anniversary and direct staff to proceed with the 60th Anniversary marketing campaign. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Subsequent to the selection of Option A, Council returned to this item for additional discussion. Council directed staff to return Option A to the artist for revision as noted above (bolder letters) and anniversary year added, and revise Option B to include the anniversary year, then bring back both options for Council consideration at a future meeting. 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" A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to nominate and, contingent upon positive results of a background check, appoint Saul Barrientos to the Recreation and Community Services Commission of the City of Baldwin Park, to Office Number 2. AYES: Lozano, Baca, Garcia, Rubio, Pacheco Page 8 of 9 NOES: None, ABSENT: None. ABSTAIN: None. At this time, Council entertained the application of Edwin Borques to the Personnel Commission, Office Number 4. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to nominate and, contingent upon positive results of a background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint the selected individual, Edwin Borques to the Personnel Commission of the City of Baldwin Park, Office Number 4. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAKE RE UESTS & COMMUNICATIONS Mayor Lozano ask that Rafael Gonzales, retiring Librarian for the Baldwin Park Public Library, be recognized at the next Baldwin Park Street Market. City Treasurer Maria Contreras extended appreciation to staff and community for support over the past few months with the passing of her parents; also wished her husband a happy birthday. Mayor Lozano directed staff to create new signage for the street medians where the grass is turning brown to inform people of the efforts to save water; also directed staff to include information regarding the "Brown is the New Green" campaign which encourages water conservation. Councilmember Garcia asked that staff prepare and provide a staff report at a future Council meeting which will provide a status of the property on Merced, pointing out that it has become blighted and the building has become an eye sore. Councilmember Pacheco asked that staff work closely with Waste Management to remove large items which have been discarded; requested that Code Enforcement step up their patrols to address those properties that are not being maintained. Mayor Lozano announced that he would not be attending the next meeting as he will be in Washington, D.C., representing Baldwin Park's Healthy Living Program. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:32 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 ITEM NO. MINUTES BALDWIN PARK HOUSING AUTHORITY SEPTEMBER 16, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM CALL TO ORDER This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. ROLL CALL Cit Council resent: Council Member Susan Rubio Mayor Pro Tem Cruz Baca gAy Council absent: Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Manuel Lozano (out of state) 1. TREASURER'S REPORT —JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. THIS ITEM WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. ADJOURNMENT There being no quorum, this meeting was not held.. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY SEPTEMBER 16, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM CALL TO ORDER This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. ROLL CALL City CounOq-s t: Council Member Susan Rubio Mayor Pro Tem Cruz Baca Citv Council absent: Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Manuel Lozano (out of state) 1. TREASURER'S REPORT —JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. THIS ITEM WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. ADJOURNMENT There being no quorum, this meeting was not held. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING SEPTEMBER 16, 2015, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM CALL TO ORDER This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. ROLL CALL City Council present: Council Member Susan Rubio Mayor Pro Tem Cruz Baca Citv Council. absent: Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Manuel Lozano (out of state) None. THESE ITEMS WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. 1. CENTER MEDIAN LANDSCAPE DESIGN Withers and Sandgren, the Landscape Architects for this project, will present plant palette alternatives for the City Council's review and guidance. 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. THESE ITEMS WAS NOT DISCUSSED. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.x: 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 Page 1 of 2 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 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 Pursuant to Government Code 54956.8: Property: 13057 Garvey Avenue 13061 Garvey Avenue 13065 Garvey Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: CalTrans Under Negotiation: Price and terms of payment 4. 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) ADJOURNMENT This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. REPORT ON CLOSED SESSION None. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM CALL TO ORDER This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. ROLL CALL Cit Council resent.: Council Member Susan Rubio Mayor Pro Tem Cruz Baca Cit Council absent: Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Manuel Lozano (out of state) REPORT ON CLOSED SESSION None. None. PROCLAMATIONS COMMENDATIONS PRESENTATIONS THIS ITEM WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. • Presentation by San Gabriel Valley Mosquito and Vector Control District Regarding Annexation W M�] • N111111 'a None. THESE ITEMS WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT —JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Ramirez, Maximiliano Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. Langolf, Kimberly Claimant alleges that Baldwin Park Police left cage open and her bike was stolen. Miranda, Michael Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. 4. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on January 18, 2012 and December 12, 2012. B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on August 19, 2015 5. AMENDMENT TO THE JAIL OPERATIONS AGREEMENT WITH THE GEO GROUP, INC. Staff recommends that Council: 1) Approve the Third Amendment to the Jail Operations Agreement with the Geo Group, Inc.; and 2) Authorize the Chief of Police, or his designee, to complete all the appropriate documentation to complete the amendment to the Agreement. 6. AWARD OF BID FOR CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION WORK Staff recommends that Council approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175, and authorize the Mayor to execute the contract for Residential Street Rehabilitation Work project. 7. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1380, ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5 Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt 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." CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR THIS ITEM WAS NOT HEARD. THIS MEETING WAS CANCELLED DUE TO LACK OF QUORUM. 8. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15- 166) FOR THE PERIOD FROM JANUARY 1, 2016 TO JUNE 30, 2016 Staff recommends that Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16B for the period of January 1, 2016 through June 30, 2016; and 2. Direct staff to proceed with submitting the draft ROPS 15-16B for approval to the Oversight Board; and Page 2 of 3 3. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 4. Instruct staff to post the approved ROPS 15-16B on the City's website. 9. 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 Student Commission application(s), accept nomination(s), appoint the selected individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-090, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Qualified Students From Three Baldwin Park High Schools To The Recreation & Community Services Commission Of The City Of Baldwin Park To Office Numbers 6, 7 And 8." 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. 10. REQUEST BY MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN EXTENSION OF THE TIME TO THE CURRENT EXCLUSIVE NEGOTIATION AGREEMENT (ENA) Staff is seeking direction from Council to either: 1) Grant a 6 -month extension of time to the ENA; or 2) Allow the current ENA to expire on September 18, 2015. . � @ w ail- zip COMMUNICATIONS ADJOURNMENT This meeting was cancelled due to lack of quorum. Those Councilmembers that were present made themselves available to address questions; however, no business was discussed. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 3 of 3 STAFF REPORT 1us o 1 AN13I� "gym i RL� w r alaW'�''� . ITEM NO. TO: Honorable Mayo an(] City Councilmembers FROM: Michael Tayl r, of Police p DATE: October 7, 201 SUBJECT: AMENDMENT TO THE JAIL OPERATIONS AGREEMENT WITH THE GEO GROUP INC. SUMMARY This report request approval of an amendment to the existing agreement with the Geo Group, Inc., for jail operation services for the City of Baldwin Park. This amendment proposal is to raise the minimum pay rate of jailers from $9.41 to $11.00 per hour. FISCAL IMPACT There would be no negative impact to the General Fund, as the increase of $27,165.56 was approved in the FY 2015/2016 budget. RECOMMENDATION Staff recommends City Council approval to: Approve the third Amendment to the Jail Operations Agreement with the Geo Group, Inc, and 2. Authorize the Mayor to sign the appropriate documentation to complete the amendment to the agreement. BACKGROUND The City of Baldwin Park has had a long-standing agreement with the Geo Group, Inc. (Originally Correctional Systems Inc.) to provide operations, management, and supervision of the Baldwin Park City Jail. The current agreement has been in effect since 1996, and has automatically been renewed every three years, as set forth in the original agreement. The Geo Group's service to the City includes; operating, maintaining, and managing the jail facility, in compliance with applicable minimum standards of both the American Custody Association, and the State of California Board of Corrections. Staff has reviewed the level of service provided to the City. The Police Department has been satisfied with the level of service for the jail operation by the Geo Group employees and management. GEO Group employees have not had a pay increase since prior to 2003. The requested amendment is for a budget increase (Shown in attachment 1) specifically to increase the hourly wage of Jail Officers from the current rate of $9.41 an hour, to $11.00 an hour. With this amendment, the total operating cost would increase from $362,743.44 (FY14/15) to $389,900.00. This increase will be in compliance with California State Law, effective January 1, 2016, which will raise the minimum wage to $10.00 per hour. Jail Oct 7, 2015 Paee 2 If approved, this amendment with the Geo Group becomes effective October 7, 2015, and will be an increase of $27,165.56, every following fiscal year. LEGAL REVIEW The City Attorney reviewed this report as to form and content. ALTERNATIVES City Council could reject the proposed amendment and attempt to negotiate for terms to comply with the mandatory minimum wage of $10.00 an hour. ATTACHMENTS -Geo Attachment #1- 2015 Operations and Management Agreement. THIRD AMENDMENT TO JAIL OPERATION AGREEMENT This THIRD AMENDMENT to Jail Operation Agreement ("AGREEMENT") is made and entered into this 7th day of October, 2015, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("CITY") and GEO Corrections and Detention, LLC., a Florida limited liability company ("GEO C&D") and wholly-owned subsidiary of The GEO Group, Inc. ("GEO"). RECITALS WHEREAS, CITY and GEO C&D entered into an Intercompany Service Agreement on May 21, 2008 to assign operations and management of existing jail and detention facilities per the Operations and Management Agreement between CITY and Correctional Systems, Inc. dated July as last amended in November 2008; and WHEREAS, CITY and GEO C&D desire to further amend the AGREEMENT to increase the hourly wage of newly hired jail officers. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and GEO C&D agree as follows: 1. The Budget in Exhibit A of the AGREEMENT will be amended to increase the hourly wage of jail officers to a minimum of $11.00/hour, increasing the total operations cost to $389,900.00 (see Attachment 1). 2. The effective date of this AMENDMENT is October 7, 2015. The parties agree that, except as specifically provided in this AMENDMENT, the terms of the AGREEMENT shall remain unchanged and in full force and effect. ATTEST: By:.................... _.. Title:. Date; Approved as to Form: By: City Attorney Robert N. Tafoya Date: CITY OF BALDWIN PARK By: Title: Mayor Manuel Lozano Date: October 7, 2015 GEO CORRECTIONS AND DETENTION, LLC. By: Date: Executive Vice President ITEM NO. 5 STAFF REPORT TO: Honorable Mayor and City Council members� 1 u o F,FROM: Daniel Wall P.E. Director of Public Works /City 1: amg nee; TWEE > > x DATE: October 7, 2015 y SUBJECT: AWARD OF BID FOR CITY PROJECT NO. 2015-0091 RESIDENTIAL STREET REHABILITATION WORK SUMMARY This item will award the contract for City Project No. 2015-0091 — Residential Street Rehabilitation to Sully -Miller Contracting Company, in the amount of $1,328,175.00. FISCAL IMPACT This project is funded with restricted funds; no General Funds are used. Funding for this project is as follows: RECOMMENDATION It is recommended that the City Council:. Approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175.00 and authorize the Mayor and City Clerk to execute the contract for the residential street rehabilitation work. BACKGROUND On February 18, 2015, the City Council approved an appropriation for street paving improvements comprised of Gas Tax and Measure R funds. This project represents the first of three planed phases for this appropriation. The project consists of paving 30 street segments primarily within residential areas. Proposed improvements include cold mill and AC overlay, removing and replacing concrete sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and all appurtenant work per the plans and specifications. Available Funds ...... Gas Tax ........... ........... ................ m........,m. �....._..___ $3,000,000.... Measure R �......... ......... �..... _ .. $500,000 ......,,...n _....................................._.._.... Total Available Funds _._..._.......... $3,500,000 Construction Budget Construction Contract , . $ 1,328,175 r......... Contingency Allowance (10%) _. w ............. �.......,,... n. $ 132,825 ... ..... Construction Engineering (5%) .. _ . ...,.. � �...__ $ 66,000 Total Const .... ��w� ..m.................�,__ Construction Costs $ 1,527,000 RECOMMENDATION It is recommended that the City Council:. Approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175.00 and authorize the Mayor and City Clerk to execute the contract for the residential street rehabilitation work. BACKGROUND On February 18, 2015, the City Council approved an appropriation for street paving improvements comprised of Gas Tax and Measure R funds. This project represents the first of three planed phases for this appropriation. The project consists of paving 30 street segments primarily within residential areas. Proposed improvements include cold mill and AC overlay, removing and replacing concrete sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and all appurtenant work per the plans and specifications. DISCUSSION A notice inviting bids for this project was advertised in the San Gabriel Examiner on August 13 and 20, 2015. In addition 'the project was advertised in the Contractor's Green. Sheet and the Daily ConstructionService. On September 3rd, 2015, a total of five (6) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received. The lowest responsive bid was $1,328,175.00 from Sully -Miller Contracting Company of Brea, CA. If awarded, the project construction will commence by the end of September 2014 and will be completed within six to eight weeks. LEGAL REVIEW None Required. ATTACHMENTS 1. Summary of bids received 2. Location Map Attachment 1 O O O o O ''... O O O ®. O O O O O O o ® O O OY o O O Or O O O O �I 0 O d 00 O O ONroOOr6n L 0 u) c3 o O O o Ili 6 f 0 O 0 O m Q N O O M N W U C C Y W �N N N .. 6A .9 0 N 63 61� 69 dY 69 Hi M• o r`q c o � F) N o o S S o o S S vr� a in 3 a ® 4 o o O o o r O ei W M W -It o o N coN m N o N o O ®N 'OV W f9 GR f9 M N N 64 T C 0.... O o Lo O .'..Ww O O O O. O O o O ',. O O o „,,,,.0,,: O u9 N O O O o S O o 6dn• N gWp O O 0..,, d u7 .... O..., O O O o O O .. 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N 69 M w `may . ................... _ m y S S S g O S S S o O N d. 6u�0 O W r r r ti N O N C' 7 N W 6% f9 0 f9 f9 ''... 60 o N 69 K N 69 f9 r m m o W 2 S $ O OM E N r o � r N ro � V Wo m LU CY o :+ U ul 9 '',,. COQ Q J 66yy � ? Q 6LLy J 6� f/7 aa Q J QQ Q Q. �. `•' 7 W f/7 LL] V] LL7 LLl LL] C J mo 4 ; ...�. ............... .. . I •�o C Q1 ® y Y N a y Y y Mo y 0 L73 ® sr6 m Q Q � ly y y y PU C C C = U y E ill 60 Na EL r c U = d o d p°' o C u pd J f� V c Sl _ U P.®) Q Q (.�Vn ',,.. CA (3 U C.7 U cm F',.. W O N M v u7 co r co W ® r r H Z Attachment 2 i h7 GAAEBR�k& .� . ,MeAC�E �"��rrrtn dvduyN�r^�. CITY OF BALDWIN PARK DEPARTMENT OF PUBLIC WORKS RESIDENTIAL STREET REHABILITATION PROJECT VARIOUS LOCATIONS CITYWIDE CITY PROJECT 2015-0091 s raal_�:: r rtutarx: IVC}, STREET NAME FROM TO I. ACOFPd TINON VENUE" LA SENA AVENUE WU AP8G4PY xfR@!iT 2. AIRYJpR Y(MM AVENUE IA GENA AVE WUUTA STRE.0 1 AR&1111A AVENUE i'NANLE LANE HOWEILUIU2 T (DRIVE 4. MONIAMWF MTNTIF NU1,11a 114.17 WNo IA SweA' f, RSI (J (*CAT Allwi Jk MAOWR c VF,lklr PlaEfi Vr AJYfWL t F tl ry4C! C1AI C A4 .n'arv.wuE I Air1114 AAFNUL d'4;YfY CAI Ad•IUI3E Y. [KAlbb AUR 1WUYF IIJG MNW l.65 nTttk P.i d1Er.MkaLAiCd VHH:T LAI ATI't. MI NWt1f LS TNEYn. 4 IowTMC. WlEtAND A14NUf' ET 11. EM-MMPrvaSPREE] nf, or {+T/01iwo#� fTA tar "K N&,r+a r]TnAPtty 1d, I[MVARNN S11TT[A LA SENA AMA AUT Oz VI SIM IJ u Il oTl1C VlWfll PW tlYAI ION h4P NdV,4E" MEWS BL AVCY✓tfAG'. Yp.. 4D'UWYdlldh A:ildA 11Af.)JJA0 TRfj:T T;LtiIRIR R iH ,H v 9Ci. UUNRRIP AYENUE1 fAorw AwRimC' bAl[AIY SIRlT TA.. CL K04 S7pfllA 0.lnu 5FRMt BCriJfl91R R4r6T IY. i5"'il 11Pd 'Nf+p;l.P "IV, hJftlk+! IT(e,L'i IPY.. I lfa'M11 t l d Nf i Y U WY ATKY A fiW NJUE TRORMIq AVRNUF N M u 1 1% ,ATFMIF hWK"rtAdP W7NTLANG) AANIA: YI0FduINr bVP'PY,lC; :re it NLYN )OF, .,M M.rrm AMWE ULF111ACH STNIT I dNA, Cu*5I MLY I felm9k �TRM ib.„nW H �,IRELI W FAX a. MARM'.AAWNVF PAWF TRFuT A.I CA ASYiIkK WR4 F:F _ dM1- NhRiU IPJ AWL,IWE 1„L,�ufitH, ,,OiiPa$'f IAY AMCI�Ty y"?6:_T Icf. .d6. MWI .PD ANWNUE' 41,h•4dd1PYM b74.NP. IfiN,l@'W ".RAF F''F' '`. 'r �” V .'S. CHOI11 SIMM tkl,0; WMA MIME `vFflVF I j., f ". ,+" •A / r A� .�"" ASR_ Vk WARR riwwn1 - RA4OMhk PAilk 144.'M> RA+lMA MW Q[P, iWAMFI ANC' MIAOW AVENUE Afd 11AA A .`VdUE dl k Ml e "41.1018 AVENTX ROOT VITIREI lQwn"JOURST CFC'OE AB 0�_ « „k .M ' �09 y'nry' AA r * 'nC ✓� d �rW pLA r`V N w vY „ p a' SUMMARY This item will authorize the purchase of a sedan for the Planning Division of the Community Development Department. The vehicle recommended for purchase is a 2015 Toyota Prius C 1205 from Longo Toyota. FISCAL IMPACT In the Fiscal Year 2015/2106 budget $28,000 was allocated to cost center 231.40.440.58110 for the purchase of this vehicle. The total cost of vehicle including tax, warranty, and charges and fees is $25,476.97. RECOMMENDATION It is recommended that the City Council: 1. Approve the purchase of the vehicle from Longo Toyota in the amount of $25,476.97; and 2. Authorize the Director of Public Works or his designee to sign any necessary documents for this purchase. BACKGROUND A need to provide a vehicle for the Planning Division of the Community Development Department was identified during the preparation of the Fiscal Year 2015/2016 budget. It was determined that a Toyota Prius C 1205 would meet the operational needs of the Planning Division while providing good fuel and maintenance economy. Price quotes were received from the National Joint Powers Alliance (NJPA) and from Longo Toyota. The NJPA is a national coalition of state and local agencies that solicit competitive bids from vehicles and equipment. The NJPA price is $27,917.60 compared to the Longo price of $25,476.97. LEGAL REVIEW None Required. ATTACHMENTS 1. Longo Price Quote ITEM NO. (� _.......................................STAFF RE PORT� ,, t - .6T TO: Honorable Mayor and City Council members ,o„ua��, 7,"� "THE �; FROM: Daniel Wall, P.E., Director of Public Works City Enginee sra,GA' rwc„ r DATE: October 7, 2015 SUBJECT: AUTHORIZE THE PURCHASE OF A SEDAN FOR THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT SUMMARY This item will authorize the purchase of a sedan for the Planning Division of the Community Development Department. The vehicle recommended for purchase is a 2015 Toyota Prius C 1205 from Longo Toyota. FISCAL IMPACT In the Fiscal Year 2015/2106 budget $28,000 was allocated to cost center 231.40.440.58110 for the purchase of this vehicle. The total cost of vehicle including tax, warranty, and charges and fees is $25,476.97. RECOMMENDATION It is recommended that the City Council: 1. Approve the purchase of the vehicle from Longo Toyota in the amount of $25,476.97; and 2. Authorize the Director of Public Works or his designee to sign any necessary documents for this purchase. BACKGROUND A need to provide a vehicle for the Planning Division of the Community Development Department was identified during the preparation of the Fiscal Year 2015/2016 budget. It was determined that a Toyota Prius C 1205 would meet the operational needs of the Planning Division while providing good fuel and maintenance economy. Price quotes were received from the National Joint Powers Alliance (NJPA) and from Longo Toyota. The NJPA is a national coalition of state and local agencies that solicit competitive bids from vehicles and equipment. The NJPA price is $27,917.60 compared to the Longo price of $25,476.97. LEGAL REVIEW None Required. ATTACHMENTS 1. Longo Price Quote ZAffJVjffAff" #1 TOYOTA DEALER IN THE TOYOTA USA SINCE 1967! GUEST VEHICLE Guest: Model: New 2015 TOYOTA PRIUS C 1205 5dr HB Three City: VIN: JTDKDTB3XF1091688 County: Stock No: 1158117 Date: 9/16/2015 Mileage: 5 Prospect #: SALES INFORMATION CHARGES & FEES Retail Price $24,055.00 Documentation Processing $80.00 Charge Longo Selling Price $22,079.00 Electronic Vehicle $29.00 Registration ALARM $499.00 Flat Add/County Fee $10.00 Total Selling Price $22,578.00 Smog Abatement Fee $20.00 Taxes 9.00% $2,039.22 Tire Fee $8.75 Charges & Fees $364.75 VLF & Registration Charge $217.00 Vehicle Service Agreement $2,495.00 TOTAL: $364.75 Total Price $27,476.97 Rebate $2,000.00 Balance $25,476.97 Cash Out of Pocket $0.00 Trade Equity $0.00 'Total Down Payment $0.00 Cash Balance / Amount Financed $25,476.97 Retail payments are an estimate and may vary among lending institutions. Tax rules may vary per state. The final terms of your loan may differ depending on the actual terms of the financial institution's acceptance and are negotiable. Retail Net Sales Price is based on 0 down payment. 1st. Payment, security deposit, tax on down payment, license, title and documentation due at delivery. **Gap Insurance is only charged on Lease and Finance payments. STAFF REPORT IT EM NO. i r r ri TO: Honorable Mayor and City Council members FROM: Daniel Wall, P.E., Director of Public Works City Engineer, u - t � SAN; BRIEL DATE: October 7, 2015 N41rrojlll SUBJECT: RESOLUTION 2015-095 VACATION OF EASEMENT — TRACT 71822 SUMMARY This item explicitly ratifies the vacation of all easements and quit claims an unimproved street, sewer and drainage easements through Resolution 2015-095. These actions were previously approved by the City Council on July 15, 2015 through Resolution 2015-080 and on May 6, 2015, through Quitclaim Deeds. These actions were also ministerially approved as part of Tract Map No. 71822 pursuant to the State Subdivision Map Act and the City of Baldwin Park Municipal code. FISCAL IMPACT The vacation of the easements and the the unimproved street will have no negative impact on the City's General Fund. These actions will allow the developer to move forward with the construction and sale of homes which will increase the assessed property value and in turn result in increased tax revenue to the City's General Fund. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2015-095 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALMVIEW AVENUE IN THE CITY OF BALDWIN PARK." BACKGROUND Tract 71822 is a ten (10) lot single family home subdivision. This subdivision is located at 4820 and 4828 Fortin Street, and was unanimously approved by the Planning Commission on August 27, 2014. This project dedicates 17,154 square feet of streets to the City. The unimproved street to be quit claimed by the City to the subdivider is 15,100 square feet. Resolution 2015-080 vacated the street, but did not explicitly vacate the sewer and drainage easements to the satisfaction of the title company. Resolution 2015-095 includes language explicitly vacated the sewer and drainage easements. LEGAL REVIEW This Report has been reviewed by the City Attorney ATTACH M E NTS A. Resolution 2015-095 Attachment RESOLUTION NO. 2015-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALMVIEW AVENUE IN THE CITY OF BALDWIN PARK. WHEREAS, the City of Baldwin Park accepted an easement for street and highway, sewers, and drainage purposes, and all uses appurtenant thereto and as an extension of Calmview Avenue; and WHEREAS, the easement was obtained for the sole purposes extending Calmview Avenue; and WHEREAS, Tract No. 71822 will extend Calmview Avenue in an alignment that is different from the easement; and WHEREAS, Tract No 71822 supersedes by relocation that extension of Calmview Avenue in the City of Baldwin Park, County of Los Angeles, State of California more particularly described as: That portion of Lot 75 of Tract 7701, in the City of Baldwin Park, County of Los Angeles, State of California, as per map recorded in Book 88, pages 61 and 61 of maps, in the office of the county recorder of said County; included wthin the circumference of a circle said circle having a radius of 45 feet and the center of said circle being the northeast corner of said lot 75. Said easement granted to the City of Baldwin Park for public Street, sewers and drainage purposes and all uses appurtenant thereto, ;and WHEREAS, for the purpose of this vacation the City Council elects to proceed under the Summary Vacation and Abandonment of Streets Act of 1969 of the State of California (Chapter 665, Statutes of 1969) ; Division 2.5, Chapter 5 of the Streets and Highways Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the recitations and findings made above are true and correct, including the legal description of the subject property to be vacated; and Resolution 2015-095 Page 2 SECTION 2. That it is hereby found and determined that said potion of Calmview Avenue hereinbefore more particularly described as unnecessary for present or prospective public street, sewer, and drainage purposes; and all uses appurtenant thereto, and is not useful as a bicycle path or routes and that public interest requires the vacation. SECTION 3. That this Resolution shall take effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 7th day of October 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 No. 2015-095 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on October 7, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK STAFF EA ", TO: FROM: DATE: ITEM NO. 9 Honorable Mayor and City Councilmembers Marc Castagnola, AICP, Director of Community Develop Sam Ghaly, Building Official October 7, 2015 SUBJECT: SECOND READING OF ORDINANCE 1380, ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5. SUMMARY This report requests City Council approval of Ordinance 1380, adding Chapter 156, relating to expedited and streamlined permitting procedures for small residential solar energy systems as required by Government Code 65850.5. FISCAL IMPACT There is no fiscal impact to the approval of a streamlined permitting process, Ordinance No. 1380. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1380 on second reading, read by Title only: "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"; and, waive any further reading thereof. BACKGROUND This Ordinance was introduced at the City Council meeting on September 2, 2015 for first reading, and at that meeting, Ordinance 1380 was approved by the City Council. This Ordinance adds Chapter 156 to the City's Municipal Code relating expedited and streamlined permitting procedures for small residential solar energy systems as required by Government Code 65850.5. LEGAL REVIEW The City Attorney has reviewed the attached Ordinance No. 1380. ATTACHMENT 41. Ordinance 1380 � � :I ORDINANCE NO. 1380 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 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 removing obstacles to, and minimizing 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, WHEREAS, the ordinance must substantially conform with the recommendations 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 Council 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 Baldwin 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, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely 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 of property owners 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" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest 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 H. "Expedited permitting," and "expedited review," means the process outlined in Section 156.070 entitled "Expedited permit review and inspection requirements." I. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful 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 lettering. 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 more than $1,000.00, or 2 decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed. 2. For photovoltaic systems: an amount not to exceed $1,000.00 over the system cost 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. O. "Specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety 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 small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements 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 requirements imposed by the City and the State of California. B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the 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 and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Section 156.060 Duties of Building Department and Building Official. A. All documents required for the submission 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 documents in lieu of a 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 recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with 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 residential rooftop solar energy system that meets the requirements of the approved 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 five working days from the day of submittal. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed pursuant to the procedures outlined in Section 150-011 of this code. B. Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements. C. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or 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 4 decisions may be appealed pursuant to procedures outlined in Section 150.011 of this code. D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The City shall use its best efforts to ensure that the selected 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 for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission. G. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. H. The Inspection shall be done in 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. I. If the small residential rooftop solar energy system fails inspection, subsequent inspection(s) is/are authorized and re -inspection fees may be assessed if the installation repeatedly fails to meet the safety standards of the Building and Electrical codes or if access to the work site is limited or restricted repeatedly. Section 156.080 Fees. A. Separate permit and plans review fees will be required for solar energy systems pursuant to this article. The fee shall reimburse the City for staff time incurred and resources expended in its administration of this article. B. The Residential Solar Systems Permit Fee and the Residential Solar Systems Plans Review Fee shall be set by Resolution as approved by the City Council. C. Additional hourly re -inspection 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, sentence, clause or phrase of this article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, 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. 5 ATTEST ALEJANDRA AVILA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF BALDWIN PARK ) M CITY OF BALWIN PARK MANUEL LOZANO MAYOR I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, California, 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 the y _ day of , 2015. Thereafter, said 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: 6 ALEJANDRA AVILA CITY CLERK ITEM NO.s"rAFF' REPORT / ..... TO: Honorable Mayor and City Councilmembers g Community t LD FROM: Marc Casta vola AICP Director of Commune Developmen 9%tD OF r � DATE: October 7, 2015 "p. 1 .,A 6A'6R$'EL SUBJECT: CONSIDERATION OF AN-NALEXCLUSIVE NEGOTIATION iL�� AGREEMENT (ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRANSIT - ORIENTED MIXED-USE DEVELOPMENT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER. SUMMARY To consider an Exclusive Negotiation Agreement (ENA) for a total period of 360 days with ROEM Development Corporation, for a potential Phase II to a Transit -Oriented Mixed -Use development project currently under construction located between Ramona Blvd to the north and the Baldwin Park Civic Center to the south. FISCAL IMPACT There is no fiscal impact to the approval of the ENA. RECOMMENDATION Staff recommends that the City Council approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed Phase II to a Transit - Oriented Mixed -Use development currently under construction; and, 2. Authorize the Mayor to execute the Agreement. BACKGROUND In September 2012, the City Council approved an Exclusive Negotiation Agreement (ENA) with the ROEM Development Corporation to develop Phase I of a transit oriented mixed-use development between Ramona Boulevard and the Baldwin Park Civic Center. And on June 19, 2013, the City Council followed with the approval of an Affordable Housing Agreement for the construction of 70 affordable units and 6,000 SF of commercial retail space. Phase I of this project is currently under construction and is expected to be completed in mid -2016. The ROEM Development Corporation now intends to develop Phase II of the transit -oriented mixed-use project currently under construction on private and city properties immediately adjacent to the Civic Center at the south-east corner of Ramona Blvd and Maine Ave. The project would consolidate two (2) privately owned parcels and one (1) small City owned parcel currently occupied by the Police Department as a temporary parking lot. The combination of all three parcels is sufficient to accommodate a multi -story, mixed-use, mixed - income project and open public plaza complementing Phase I. Subject Parcels are as followed: 8554-001-012 ................ ....... ............... 10,600 SF - Privately owned (Retail clothing) 8554-001-011 ............. .........................7,500 SF — Privately owned (Restaurant) 8554-001-910 ............. .......................7,200 SF — City owned Total ......... .......__......... ..,..............±25,300 SF ROEM Phase II ENA October 7, 2015 Page 2 '111E I111 01'10SI��JI MASE' II Based on the preliminary information provided by ROEM Development Corp., the project Phase II would be similar to Phase I in architectural theme and complement the central public plaza straddling both phases. Phase II Design Program would include: • 45 Mixed -income residential units (2- and 1 -bedroom units) o 80% market rate and 20% affordable o 4 -story over retail • 10,000 DF of commercial retail at ground level • 85 parking spaces o 45 residential + 40 retail parking stalls • Architectural pathways and open plaza to connect Pacific Plaza, Civic Center, Metrolink station and Ramona commercial corridor Phase II Preliminary Timeline would be as follows: • 3rd Quarter 2015 .........ENA executed • 1stQuarter 2016.......... Conceptual Design approved by City Council • 3rd Quarter 2016........ Entitlement approvals/State Tax Credits application • 4th Quarter 2016 .........Land acquisition/Construction start • 2nd Quarter 2018......... Project complete Phase II Exclusive Negotiation Agreement (ENA) Staff has developed the attached ENA for Council review and consideration. The major terms of the ENA are as follows: • Period: 365 days. This 12 months ENA is necessary to complete the private land negotiation and acquisition • Bi -Monthly Reports: Bi -Monthly progress reports required on the 10th of each month starting with the full month after execution of ENA. • Financial Feasibility Prospectus: To be delivered within 60 days after effective date of ENA. • Market Feasibility Study: To be delivered within 90 days after effective date of ENA. • Conceptual Plans: To be delivered within 120 days after effective date of ENA. • Necessary Debt and Equity Financing: To be delivered within 180 days after effective date of ENA. • Right to Additional Information: Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation of the proposed development. • Hazardous Material: Developer is responsible for making site suitable for development. • California Environmental Quality Act (CEQA): Successor Agency, at Developer's expenses, is responsible for CEQA compliance for the proposed project. LEGAL REVIEW No Legal Review is necessary at this time. ALTERNATIVES The City Council may decide not to pursue Phase II and not grant an ENA ATTACHMENTS #1. Exclusive Negotiation Agreement (ENA) I EXC t.i 1V.CMNI �Q11A"➢1Ct t t l l lwriF 'T THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the CITY OF BALDWIN PARK, a public body, corporate and politic ("City") and the ROEM DEVELOPMENT CORPORATION, a California corporation ("Developer") under the teens and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ("City") and vision for the Baldwin Park transit center, City and Developer desire to enter into negotiations concerning the development of certain land; and WHERAS, the transit center Phase I has been approved by the City under the terms of an Affordable Housing Agreement executed in September 2013 and is currently under construction; and, WHEREAS. the Project Phase Il is the subject of this ENA (defined below as the ".Project Site"), and, WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to complete all phases of the Project, further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, City and Developer hereto mutually agree as follows; PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of Phase II of a Transit -Oriented Mixed -Use development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Transit -Oriented Mixed -Use Development in accordance with City's vision and the General Plan and for the development and construction of a Phase II development comprised of 45 mixed - income residential units (80% market rate and 20% affordable), about 10,000 SF of retail and provisions of all related parking needs. The development shall be a completion of the master planned, pedestrian -oriented mixed-use development, with open spaces and public amenities (the "Proposed Development"). Tile development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). Pale 1 The Project Site consists of properties generally located at the south east intersection of Ramona Blvd and Maine St. The Project Site includes two (2) privately owned and one (1) City owned parcels of approximately 25,300 SF (0.58 acre) in total area as we] 1 as that portion of right-of-way fronting the existing businesses along Ramona Blvd. By entering into this ENA, the parties intend to implement City's vision and General Plan. Nothing herein shall obligate or be deemed to obligate the City to commence any action or actions, including, but not limited to, eminent domain proceedings, for voluntary or involuntary acquisition of real or personal property, of any interest therein. The parties understand and agree City cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, dueprocess conducted by City and in City's sole discretion, after duly noticed and conducted public meeting, a determination (lie public necessity and interest is best served by such conveyance. B. The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C. Provisions related to City potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and City necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. City hereby grants to Developer, and Developer hereby accepts this ENA for a period of three hundred and sixty five (365) clays, commencing on the (late this ENA is signed on behalf of City. B. City and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by City and Developer with regard to the objectives described above. During the teen of this ENA, City agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. During the terra of this ENA, Developer agrees as partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3 -mile radius extending from the boundaries of the Project Site for uses similar to those contemplated for the Project Site. Page 2 TERMS City and Developer hereby agree to the following terms: A. ?(_ygloper to Pay All-CityJLhir(Lraft Costs. Developer is responsible to pay any and all City third party costs directly or indirectly related to this ENA and incurred in good faith by City ("Third Party Costs"). If Developer fails to remit Third Party Costs within ten (10 days after receipt of an invoice fi-om a third party submitted to Developer by City, then City's obligations pursuant to this ENA shall cease until such Third Party Costs are paid in full by Developer. 13, 11r �tirrtIII status Vie, rort�� . On or before the tenth (10`x') clay of every two months starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Chief Executive Officer (CEO) in a format reasonably requested by the CEO. These reports, at a minimum, will .include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. C, Ft,tt mic al Fa i ilium oetrrs. Within sixty (60) days after the effective date of this ENA, Developer shall submit to City a pro forma showing the fiscal feasibility for its Proposed Development. D. Market heasi ilrty Stu ly. Within ninety (90) days after the effective date of this ENA, Developer shall submit to City a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. E. arrbr_trrttal .tir ell vt,, ,1f t. t r c. �tual and Pha itzg Plans._ Within one hundred and twenty (120) clays after the effective date of this ENA, Developer shall submit to City conceptual and phasing plans for the development of the entire Site (the "Conceptual/Phasing Plans"). City staff shall review and comment on the Conceptual and Phasing Plans, F. Necssrrr T"ubt tt.ltt'l E� �,� ) finaucirt!, Within one hundred and eighty (180) days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to City, including the financing structure and preliminary coluniitments and letters of intent from retail businesses, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. G, t ity icg t to A— ditip-,-,al lnforiri rtirart. City reserves the .right, during the term of this ENA, to request reasonable additional information and data from Developer Page 3 necessary for review and evaluation of the proposed development, Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which maybe provided to Commission, shall remain confidential to the extent permissible by law, H. Hazardot�rs 'Materials, City shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between City and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters, For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals, known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and LiabilityAct of 1980,42 U.S.C. 9601, et seq,, or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the Cali fornia Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U,S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground firel tank; pesticides regulate([ under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances Page 4 regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; ally radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 el seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 el seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et .seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to Commission upon Commission's request. h No 0l g ti lit by qty. Nothing herein shall obligate or be deemed to obligate City to approve or execute a DDA or OPA, or convey any interest in any portion of the Project Site to Developer. The parties understand and agree City carnrotbe obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion. of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to City is first negotiated, executed by Developer, approved by City's Board, in each of their sole discretion, after duly noticed public hearing, and executed by City. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. J. DDA or OPA toa rcral. t %gl tufts ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by City in the manner required by law, and executed by City Council. K. "tgai clri_ ible for CEOA t;�onIL)Jiat ce. City, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. L, Icitl ,lwastttc "rtilfssins. City shall not be liable for any real estate commissions or brokerage fees, which may arise lrerefi•om. City represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. M. CQn,f., _c,,tsw_of_Ititerest. For the term of this ENA, no member, officer or employee of City, during the term of his or her service with City, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. Page 5 N. Chan _e in OwnetshilI mar'oaLr l fat l evelop r. Developer understands City is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of City, at its sole discretion. O, lydde�ri;it.y. Developer agrees to and hereby does defend, hold harmless and indemnify City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. P. L,ov�crgJLg I:.aw. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. niri s. City and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either City or Developer arising out of or due to City's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED City and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site -perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B� The design and configuration of the site plan shall maximize, to the extent reasonably Page 6 feasible, the potential to attract retail/restaurant tenants. C. The acquisition procedures that may include the time schedule for conveyance, if any, of portions of the Project Site from City, the financing plan, and the cost of the Project Site, D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by City. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or reinediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Appropriate controls to limit the use of the Project Site, including, but not limited to, a requirement for the uses to meet the criteria set forth in Exhibit B, attached hereto. K. Operational and maintenance plans for the development, including the parking. L. A financing plan. 5a LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to Page 7 terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by City shall be returned to Developer by City, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides; A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C, Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each panty hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. City llritials Developer Initials 6. TERMINATION BY CITY City shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph 1 of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. T TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event City (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to complywith any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, Page 8 postage prepaid, return -receipt requested, or by electronic facsimile transmission followed by delivery of "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of City and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either partymay from time to time designate, B. .Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger set -vice, courier set -vice such as United Parcel Set -vice or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return -receipt requested shall be deemed received on the date of receipt thereof, Clfto City: City of Baldwin lark Mtn: Shannon YaLICIVec, Chief Executive Officer 144113 East Pacific Avctrrrc Baldwin Park, California 917016 Telephone (626) 960,4011, ext., 4117 1"acsinailc (626) 337.2965 With a copy to: Tafbyta & Garcia, P Attu; Robcrt Tafoya 316 Wcst'2`1 Street, Suite 11)(117 Los Angeles, CA 91)11),2 Telephone (213) 617-0600 Facsimile (626) 337-2965 Dif to developer: Robert Enaa:rni, President R017M Development Corporation 1650 Lafayette Street Santa Clar°u , C.A 9 050 Phone. (408) 984-5600 Fax: (dl)S) 98443111 With la copy to: Richard Van'tRood ''age or coullsel 1650 Lal"ayeft St Santa Clara, CA 95050 Telephone (408) 529-2300 Facs inifle (408) 984-31 H Co 0 NTER PA RT OR IGfNA [,,S. This ENA may be executed in two (2) count,01-part originals which, when taken together, shall constitute but one wid tile SUDIC filSfi'(1111011L I0. El' I'ME AGRF,',EMEN,r This ENA reprcsents the ontire agrocnient of the parficsand supersedes all negodations Or previous agreenients, betweon tile partics with respect to development of the Project Sitc This FNA may not be amended uniess agreed as such in writing and catified by (lie signatures of tile partics hereunder, Page 10 IL EFI''ECTIVE DATE The efft-',,ctivc (late of (Iiis HNA shall be the (late it is signed on behalf of City, THE CITY OF BALDWIN PARK Dnted: By: APPROVE'D, ASro rmm: TAFOYA & GARCIA Counsel Dated: -z' old:. Dated - Page I I mantlel I'mano" Chir ROEM DENI",PLOPMENT COR110RATION, a ("'alifornin Corporation By. - — ------- - 1'61)611 EnIami, president By: 0 EXHIBIT A PROJECT SITE MAP EXI"lIBJTB CRITERIA FOR NEIGHBORHOOD RE.TAIL AND RESTAURANT USES Retail LISCS to'be operated on the Project Site shall be limited to as neighborhood retail operator on the maj 011 ty or (lie Cori] III crei a I Comporl ent project Site. rast-foodostfit)lislitiioiits,di�ive-tlii-ot,agiI businems ofany kind, proftmsional services such as nail salon and similar uses are 110( acceptable neighborhood retail businesses flor this project. The Executive Director, in his sole discretion, I'llay determille whollicr a proposed business operator not riamed above inects tho intent of this Criteria. Page 13 STAFF REPORT ITEM NO. %i %/1 �k1 l�, ��o✓ TO: Honorable Mayowd City Councilmembers �A oTHE BIS., FROM: Michael Taylor, �ief of Police NA Y ; ,-- I DATE: October 7, 201(l, SUBJECT: AUTHORIZATION TO MODERNIZE THE RECORDS STORAGE VAULT WITH FEDERAL ASSET FORFEITURE FUNDS SUMMARY Staff seeks City Council approval to upgrade and modernize the records storage vault in the police department. FISCAL IMPACT None. Funding for this project is not coming from the General Fund. This project is eligible for the Police Department to utilize Federal Asset Forfeiture Funds. (Fund 205). The total cost is $27,282.07. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process for the modernization of the records storage vault, per Baldwin Park Municipal Code §34.23 (C), 2. Authorize the Finance Director to complete a budget amendment for an amount not to exceed $27,282.07 from account 205-30-330-58110-00000-2 and designate 527,2&L07 for restricted purchase of the records vault modernization, and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the modernization. BACKGROUND The Police Department records storage vault has been in use since 1978. There are thousands of reports and investigative files housed inside. There are many serious crime reports dating back as far as 1962. The current vault has greatly exceeded its capacity several times over. In addition to the current shelving capacity, there have been 35 stand alone file cabinets added, and about 100 file boxes filled with reports that cannot be filed. The purchase and upgrade to a modern "high density" records storage system, coupled with the departments shift to paperless technology, will alleviate this storage issue. Usual purchasing practices in this type of renovation are to follow formal bid procedures, which are outlined in the Baldwin Park Municipal Code §34.23. Staff requests Council approve an informal bid process where staff will obtain three price quotes and select the lowest responsible bid for the upgrades. "Swedlows Distributors Inc" has just completed a minor refurbish job within the records section, and has already completed smaller jobs within the police department. Allowing "Swedlows Distributors Inc" to upgrade the records vault would allow a seamless, consistent appearance within the records section. Vault upgrade. Page 2 Staff obtained three bids to complete these upgrades and "Swedlows Distributors Inc" was also the lowest bid.. Staff requests Council approve the purchase of this modernization pursuant to Baldwin Park Municipal Code § 34.23 (C) "When the City Council by four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical, useless or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same." Staff has determined that it would be "uneconomical" to go out to formal bid and that the welfare of the public would be promoted in that Swedlows Distributors Inc. would provide the lowest cost and consistency in service having previously provided work for the Police Department's record section. Staff has determined sufficient funds exist in the department's Federal Asset Forfeiture cost center and the use of such funds to purchase these renovations is permissible by federal law. LEGAL REVIEW This report was reviewed by the City Attorney as to form and content. ALTERNATIVES An alternative is to create specifications and go out to bid, however this would be impractical, time consuming for staff, and likely yield the same results as the informal bidding process. ATTACHMENTS Bid from Mike Incantalupo - $29,850.00 Bid from MTM Business Systems - $27,577.00 0 Bid from Swedlows Distributors Inc - $27,282.07 IS:TRI.BUTORS INC �_ �_. 4650 Arrow Hwy., Suite G-28 .._........Date QUOTE# Montclair, CA 91763 www.swedlowsfurniture.com 8/7/2015 2005 P:909-625-5461 F:909-62.5-5463 Name / Address hip To Baldwin Park Police Dept. 14403 E. Pacific Ave. Baldwin Park, CA 91706 Attn: Mark Harvey P.O. No. �1eCrns Rep Deposit Request ..„ ...... __ 50%D11"P/l3AL C.O... MS Description I Qt� I Cost I' Total (2) 3 -ROWS: 4 FIXED 6 MOVABLE 17,309.00 17,309.00T 4/3/3 36"L 8 HIGH SYSTEM 2770" LFI (1) 3 -ROWS: 3 FIXED 2 MOVABLE 3/1/1 36"L 8 HIGH SYSTEM 1385"LFI (1) 2 -ROWS: 2 FIXED 1 MOVABLE 2/1 36"L 8 HIGH SYSTEM 824" LFI (2) STATIONARY 36"Lx8H TO INCLUDE DIVEDERS FOR ALL SECTIONS INSTALLATION TO BE DURNING NORMAL WORKING �' 3,822.00 3,822.00 HOURS AND MID WEEK NO WEEKEND WRK FREIGHT 3,500.00 3,500.013T NOTE: FIELD MEASURMENT MUST BE DONE PRIOR TO PLACING ORDER ETA 4-6 WEEKS DISCLAIMER 50 % restocking fee applies to all furniture and seating orders cancelled or retu ned Subtotal $24,631.00 prior or within 7 days of delivery. All items are subject to inspection upon retur r. No returns or cancelations on all custom build product,furniture orspecial seatingorders. To proceed with order approved signed quote or P.O. is required. All quotes arewalid Sales Tax 9.0% $1,872.81 for only 30 days. Some orders may require 50% deposit. We accepted Visa, Mater .•••••••••• Card, American Express and Discover cards with a 4% processing fee. $35.00 NSF fee 1 Total $26,503.81 will apply to all return checks. Approval Signature �ISTRI�BU�TORS I;N�E_ 4650 Arrow Hwy., Suite G-28 Montclair, CA 91763 wvwv.swedlowsfurniture.com P:909-625-5461 F:909-625-5463 Name / Address Baldwin Park Police Dept. 14403 E. Pacific Ave. Baldwin Park, CA 91706 Attn: Mark Harvey Date QUOTE# 8/28/2015 2038 P.O. No. Terms Rep Deposit Request 50%DEP/BAL C.O... MS Description Qty Cost Total TO RENT THE CARTS FOR REMOVAL OF FILE FROM 2 330.00 660.00T THE EXISTING SHELVING FOR TWO WEEKS DELIVERY AND PICK UP 54.00 54.00T' DISCLAIMER 50 % restocking fee applies to all furniture and seating orders cancelled or returned Subtotal $714.00 prior or within 7 days of delivery. All items are subject to inspection upon return. No returns or cancelations on all custom build product, furniture or special seating orders. Sales Tax 9.0% $64.26 To proceed with order approved signed quote or P.O. is required. All quotes are valid for only 30 days. Some orders may require 50% deposit. We accepted Visa, Master y Card, American Express and Discover cards with a 4% processing fee. $35.00 NSF fee Total $778.26 will apply to all return checks. Approval Signature Aug.27.2015 03:52 Pm I E MR EF, I I I a Mike Incantalupo QUOTE CA Contractor #995475 (13, d12,& d34) 6720 Topaz Street 715-Mirl Alta Loma, Ca 91701 DATE: August 12, Phone # 909-208-2671 2015 rnikeinc@installpros.com To: BALDWIN PARK POLICE Ship To: 14403 E PACIFIC AVE BALDWIN PARK CA 91706 ATT: MARK HARVEY SALESPERSON JOB AM III zi-F s IFAIII II"III)A111 F i. S1 IlRl:'E!�) VIA DATE TERMS MI Pd 7-15 ..1 13D We deliver 08/12/15 1/3 do net bal QUANTITY DESC11111PT014 UNIT PRICE AMOUNT 4 SYSTEMS TRACK SLIDER (2)4.3.3-88.25H W/8 OPENINGS ANS $29850.00 $29850.00 TOP LETTER SIZE WIRH 36x12 SHELVES CLOSED ENDS AND OPEN INTERMEDIATES 3 -DIVIDERS P/SHELF FULLY ADJUSTABLE(l) 3.1.1 WIFOUR POST L SHELVING 88.25H W/8 OPENINGS TOP LETTER SIZE WIRH 36x12D SHELVES CLOSED ENDS AND OPEN INTERMEDIATES 3 - DIVIDERS P/SHELF FULLY (1) 2.1 WA POSTL&T SHELVING 88.25H WITH 8 OPENINGS AND TOP LETTER SIZE W/36x12 DEEP SHELVES CLOSED ENDS AND OPEN INTERMEDIATES THREE DIVIDERS PER SHELF FULLY ADJUSTABLE ON 1.5 CENTERS. STAND ALONE SECTIONS (2) FOUR POST L SHELVING 8®2 36"D W/8 OPENING AND TOP SECTIONS WILL HAVE CLOSED ENDS AND OPEN BACKS 3 DIVIDERS PER SHELF WILL BE STANDARD AND THEY WILL DJUST ON 1.5 CENTERS SLOTTED BACK STOPS AND SLOTTED CHELVES (((LEAD TIME 6-8 WEEKS))) Note: Note: Quote assumes clear delivery path with no stairs, sufficient staging area, area to install to be free and clear, parking and dumpster provided. Any delays, extra work or trips may be billed as change order. Structural calculations, Building permit, Inspections, City, County and any other fees/costs that may be associated are not included in this quote and assumed responsibility of owner. SUBTOTA+L 29850.00 Make all purchase orders to Mike Incantalupo. If you have any questions concerning this quote, call: 909-208-2671, Contact Mike Incantalupo Side to Side Shelving y stet 0 r nir ism t�(((rrrrr fin) . • • • ff• 1 © MTM Business Systems 2015. All Rights Reserved. This document contains information that is proprietary to MTM Business Systems, and the customer identified herein. Reproduction and distribution of this document is restricted for exclusive use by the above named entitled. The information contained herein is subject to change without notice, and shall supersede information in similar documents produced for the above named entity. Warranties governing the suitability and contents, whether expressed or implied, are limited to use of this document in the manner in which it is intended, as described herein. MTM Business Systems makes no warranties for consequential or incidental damages connected with the furnishing and use of this material MTM BUSINESS SYSTEMS 1622 Edinger Ave. Suite F, Tustin CA 92780 714-258-4656 Fax 714-258-4660 July 28, 2015 Lieutenant Mark Harvey City of Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Email: MHarvey@BaldwinPark.com Dear Lt. Harvey On behalf of MTM Business Systems, I would like to thank you for the opportunity to provide you with the attached proposal for your consideration. MTM Business Systems is a leading distributor of high-density storage systems in California. We are proposing a new high density shelving system for your. Pricing reflects options for a new shelving system, professional services for assembly and continued product maintenance. In the scope of this proposal, MTM will provide a total turnkey package to your agency. We will manage the entire project from its inception to its completion, and you will benefit from having just one point of contact who will be responsible for ensuring a timely, hassle free assembly. Thank you again for the opportunity to earn your trust and respect. We look forward to working with you on the implementation of this project. Contractors License number #701914 MTM Business Systems is a woman -owned certified small business #33356. Sincerely, A" Uo Justin Moll MTM Business Systems wu+r iial`�Uy coin SYSTEM DRAWING: Shelving System r3ack ShWe. Rcm Fout MwuvjA*-, IFMAm OVERAI L 08 25 V i OVERALL 90,251 fi 1 ON1 PACKS 9 151w.lvea, 0 01perArgs 8 �Ml iq&es,, 7 OpwiwirW, 9 5 9.. Please see drawing for elevation and layout. DESCRIPTION: Qty. 1 -- 4x3x3 tri -file mobile shelving systems Back Static Row (1) 48" wide x 88.250" high x 12" deep single face starter unit (3) 48" wide x 88.250" high x 12" deep single face adder units Middle Moveable Row (3) 48" wide x 76.250" high x 12" deep single face starter units Front Moveable Row (3) 48" wide x 76.250" high x 12" deep single face starter units Qty. 1 -- 4x3x3 tri -file mobile shelving systems Back Static Row (1) 42" wide x 88.250" high x 12" deep single face starter units (2) 36" wide x 88.250" high x 12" deep single face adder units (1) 48" wide x 88.250" high x 12" deep single face adder unit Middle Moveable Row (3) 36" wide x 76.250" high x 12" deep single face starter units Front Moveable Row (3) 36" wide x 76.250" high x 12" deep single face starter units Qty. 1 -- 2x1 bi-file mobile shelving systems Back Static Row (1) 36" wide x 88.250" high x 12" deep single face starter unit (1) 36" wide x 88.250" high x 12" deep single face adder unit Front Moveable Row (1) 36" wide x 76.250" high x 12" deep single face starter unit Qty. 1 -- 3xlx1 tri -file mobile shelving systems Back Static Row (1) 36" wide x 88.250" high x 12" deep single face starter unit (2) 42" wide x 88.250" high x 12" deep single face adder units Middle Moveable Row (1) 36" wide x 76.250" high x 12" deep single face starter unit Front Moveable Row (1) 36" wide x 76.250" high x 12" deep single face starter unit Static Sections (2) 42" wide x 88.250" high x 12" deep single face starter units All 36" and 42" wide sections of shelving comes with 3 file dividers per shelf, and 48" wide sections of shelving comes with 4 file dividers per shelf. There are 7 rollout reference shelves through the system to help file folders. Proposed Side -To -Side Lateral Track Shelving Systems by Pipp Mobile Storage Systems with Tennsco o " L&T shelving MW ♦ Designed to use space efficiently. Iry ♦ Easy access to files — move the shelving in the front row to access the shelving in the back row. -� iii;��i� ♦ Carriages are easily moved. il� I%'a 1�� ♦ Includes Integrated Anti -Tip assemblies in the a � „ deck Proposed Capacity: 8,554 Useable Linear Filing Inches 8,842 Existing Linear Filing Inches Growth -3% Materials $13,200.00 Shipping and Handling $4,100.00 Assembly $8,000.00 Sales Tax @ 8.00% $2,277.00 Total 27 577.00,, COLORS: Shelving: Sand, Light Gray, Black, Medium Gray, Champagne/Putty, Arctic White, Oyster, Teal, Cloud Blue, Cocoa, Buff, Wine, Ocean, Gray Mist, Pebble Tan. Lead Time: 4 - 6 weeks Terms: 50% deposit is required with the order as these systems are custom. The balance is due upon completion. Late payments are subject to interest charges at a rate of 1.5% per month. Prices good for 30 days. Return Policy: All orders are custom; there are no returns or refunds. Factory defects are the factories responsi ;,)iliiies. We will make every effort to assist our customers when these situations occur however the factory has the ultimate responsibility with warranty issues. We will assist in getting a Returns Goods Authorization (RGA) number to return any defective materials if they cannot be repaired and a replacement will be sent via the factory. Excluded items to be supplied by others if required: 1. Plan Check, permit, and special inspection fees, engineering calculation fees, if required. 2. Site Clearance. 3. Clear area to work, including staging & storage area as required. 4. Trash receptacle on site to be provided by owner. Add $550.00 if MTM Business Systems is to remove from site. 5. Floor coverings, such as carpet and or tile on top of Mobile Filing Systems are not included. 6. All labor quoted is Prevailing wage. 7. Normal work hour periods are 5:00 AM to 5:00 PM. any work outside these hours are not included. Normal times for Track installation requiring drilling into the concrete could be scheduled between 5:00 AM and 8:00 AM in most buildings. After Hours pricing has been provided. 8. Freight damage is not the responsibility of MTM Business Systems. We will file freight claims and re -order damaged items. But under no circumstances will MTM Business Systems pay customers for delays caused by the trucking industry. 9. Quote assumes a level floor. Level floors are considered normal if they require no more than 2.5" from slab to under side of rail. Floors requiring leveling beyond 2.5" will require additional labor, grout and wood decking. This cost will be computed during installation. (Normal leveling is W to 2.5°). 10. MTM Business Systems offers our normal insurance package for all projects. Customers that request higher insurance or special endorsements will be invoiced at our cost fpr their additional needs. As the materials exceed $500 in value and are attached to a building, the State Contractors law requires that it be sold and installed by a current Licensed Contractor from the State of California. The requirement that the seller have a license is required whenever installation labor (assembly) and materials are sold by the seller. Should the seller and a separate installer invoice the customer separately then the seller does not need to have the contractor's license. As we are supplying in this proposal both the materials and the assembly labor then we are required to have a contractor's license. We meet this requirement Contractors License number #701914 Thank you for allowing MTM Business Systems to be of service. Authorized Signature to Proceed with Purchase: Name Printed: Date: Color Selection: CY) Y C � O v L N Z Z 'c A d Cn(n m 2 O N i N N r y,.i kf% If7 N o Id N 0) cu � ��m (D cucu O L U O LLL LL d) E p o aero C CO O co W II II II II 22=c� LO U O 5 in c 915 S I N N (� C 3m0 .. ".. ../'� 7 0 J W A v X !A J N ) 167 NP7 id"Y '.} W"l 1J"S N X LL U w ...... O� d :3 C rn (LI > J 2 N W W Z oo CHC N t, 0D G a m * h W LLJ a? ' _j LL .'Qe all 0vZ OHz m�n � ffi� HVJ V s m wz� U)Q II Sig z05 �'o rc W a_ r y p zmoE a LL -�QO X azo Lu �� $zw k Fl o10 ,°l QFt9 70 m K IL wn U U H ry CT U �.ti ITEM NO. I f STAFF REPORT TO: Honorable Mayor and City Council members " FROM. Daniel Wall, P.E., Director of Public Works / City Enginee Z/ �� DATE: October 7, 2015 ivy SUBJECT: Gateway Monument Maintenance Agreement with Caltrans SUMMARY This item will approve a maintenance agreement with Caltrans specifying the City's maintenance responsibilities for the future Baldwin Park Gateway Freeway Monument. FISCAL IMPACT It is anticipated that the maintenance of the yet to be constructed Baldwin Park Gateway Freeway Monument project will be funded exclusively with restricted funds; and that no General Funds will be used. RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the maintenance agreement. BACKGROUND Public Works has been participating in a series of meetings with our CEO Shannon Yauchzee, Dayana Partida—Field Representative for Assemblymember Roger Hernandez, and Caltrans about getting a monument identifying Baldwin Park installed along the 1-10 freeway. Caltrans has tentatively agreed to the installation of a Baldwin Park Monument at the ramps on Baldwin Park Boulevard, and has offered to pay up to $150,000 for its construction. Public Works has provided the conceptual design, and the construction plans and specifications are currently under development. Caltrans requires that prior to construction of the monument that the City agrees to maintain the monument. LEGAL REVIEW The City Attorney has reviewed the maintenance agreement. ALTERNATIVES The City Council could choose not to enter into an agreement to maintain the monument; however doing so would preclude the construction of the monument on Caltrans' property as the maintenance agreement required by Caltrans for construction. ATTACHMENTS 1. Conceptual Drawing Baldwin Park Freeway Monument 2. Gateway Monument Maintenance Agreement SR 10, PM 32.2, City of Baldwin Park, EA 4P1601, TR 07-04-0037 PROJECT SPECIFIC MAINTENANCE AGREEMENT FOR GATEWAY MONUMENT IN THE CITY OF BALDWIN PARK THIS AGREEMENT is made effective this day of ,, 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Baldwin Park; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. WHEREAS, CITY and STATE are to cagreanent to construct a C ate w? t I ouflrlctit on, Westbound State Route (SR) 010 at [�,acflwin Park Blvd offran p, , hereinafter referred to as "PROJECT", and 2. WHEREAS, in accordance with the said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and 3. WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance responsibility as defined in Section 27 of the California Streets and Highways Code and their respective responsibilities as to PROJECT. 4. WHEREAS there is an existing Freeway Maintenance Agr einent(;s), District Agreement No. 6352, Rev. 1/01, with CITY of Baldwin Park; dated April 16th, 2008. This agreement is not meant to replace or supersede the earlier agreement(s). NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 5. Exhibit A consists of plan drawings that delineated the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. 6. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise the Exhibit A by a mutual written -execution of the exhibit 7. CITY must obtain a one Encroachment Permit from STATE's District 07 f Encroachment Permit O .i�� mm Office prior to entering STATE right of way to perform a!.��:.ou�un CITY jgVgfion and maintenattce responsibilities. This permit will be issued at no cost to CITY. 1 SR 10, PM 32.2, City of Baldwin Park, EA 4P1601, TR 07-04-0037 12 CAV �"" h'AY MONtJwMfI " I I. CITY will tnaititaiii. at C11"'Y expanse, the entire portiotis of structure of the Gateway Vyl��.t;mentm STI" is r�eMiop�jJ.) e,to artsl cct ajid �� ail-Ii�s�t��._.. .m „ the ovemttVl aapl nt incaT it clad . b ct trot... lttnitecl tca, t7e „ ,!A.itiop weai atrcl........maaaG ting liardwaa e.... and c leattents. CITY ts..res l7oiisible tokeel)the Gate^ ti me Mojitiil i -e c)l irt,. _.....� ga°allatt and vines to avoid over g!Lpwtlr q)1_t1he loguamit If CITY Flans to tremove the entire monument CITY shall inform STATE by formal nctdltcatiott STATE reserves the �m rilwt to rmmeaiiove the Monument Fend in sateh case SI A.TE will notify CITY with to form a.l notification. 16. LEGAL RELATIONS AND RESPONSIBILITIES 16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 16.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 16.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 17. PREVAILING WAGES: 17.1. Labor Code C"oinDltapce- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public SR 10, PM 32.2, City of Baldwin Park, EA 4P 1601, TR 07-04-0037 work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 17.2. I ujr rnents hi Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts 18. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate ® op iii, excess. Coverage shall be evidenced by a ��t��i._ �+ ��ll certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 19. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 20. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. 3 SR 10, PM 32.2, City of Baldwin Park, EA 4P1601, TR 07-04-0037 THE CITY OF BALDWIN PARK By: Mayor ATTEST: By: CITY Clerk By:___ ........................................�..... CITY Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY Director of Transportation By: Deborah Wong, Deputy District Director Maintenance District As to Form and Procedure: go Attorney Department of Transportation ITEM NO. /.. STAFF REPORT LB r",us or �^ NE SAN GABRIEL%.V A L L E Y TO: Honorable Mayor and City Councilmembers FROM: Shannon Yauchzee, Chief Executive Officer Terry Shea, Interim Finance Director Shama Curian, Human Resources Manager ,N DATE: October 7, 2015 SUBJECT: ADOPTION OF RESOLUTION NO. 2015-093, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID MISCELLANEOUS MEMBER CONTRIBUTIONS" AND RESOLUTION NO. 2015-094, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID SAFETY MEMBER CONTRIBUTIONS." SUMMARY Adopt Resolutions 2015-093 and 2015-094 reducing the Employer Paid Member Contributions paid by the City to 0% for the miscellaneous and sworn retirement plans under the California Public Employees Retirement System (Ca1PERS). FISCAL IMPACT There are no new fiscal impacts due to this action as all of the impacts were considered as part of the actions taken to approve each employee groups Memorandum of Understanding. RECOMMENDATION It is recommended that the City Council waive further reading, read by title only and adopt: 1. Resolution No. 2015-093, "A Resolution of the City Council of the City of Baldwin Park for Employer Paid Miscellaneous Member Contributions." 2, Resolution No. 2015-094, A Resolution of the City Council of the City of Baldwin Park for Employer Paid Safety Member Contributions." BACKGROUND The City of Baldwin Park contracts with the California Public Employees' Retirement System (CaIPERS) for retirement for all employees covered under the retirement system. A contracting agency may agree to pay all or a portion of normal contributions otherwise required to be paid by members of an employee group. When the employer pays the employee's contribution to Ca1PERS, it is called the "Employer -Paid Member Contributions" (EPMC). The City is currently paying 9% of the employee contributions on behalf of safety (sworn) "classic member" employees. As part of the meet and confer process the POA and PMEA agreed to pick up the 9% of the CaIPERS employee contribution in exchange for a 9% increase to salary. In accordance with Council direction, the City will reduce the payment and reporting of the value of employees' compensation as employer -paid member contributions from 9% to 0%. The City is currently paying 5% of the 8% of employee contribution on behalf of the miscellaneous "classic member" employees. As part of the meet and confer process, SEIU Local 721, CEA, Confidential, Classified Management and Contract Management groups agreed to increase the employee share of the CaIPERS contribution rate from 3% to 8% in exchange for 5% increase to salary. In accordance with Council direction, the City will reduce the payment and reporting of the value of employees' compensation as employer -paid member contributions from 5% to 0%. Resolution No. 2015-093 and Resolution No. 2015-094 October 7, 2015 Page 2 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Because the Memorandums of Understanding were approved and ratified in open session, no alternative are foreseeable. ATTACHMENTS #1 — Resolution 2015-093, "A Resolution of the City Council of the City of Baldwin Park for Employer Paid Miscellaneous Member Contributions." #2 — Resolution 2015-094, "A Resolution of the City Council of the City of Baldwin Park for Employer Paid Safety Member Contributions." ATTACHMENT 1 RESOLUTION NO. 2015-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID MISCELLANEOUS MEMBER CONTRIBUTIONS RESOLUTION NO. 2015-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID MISCELLANEOUS MEMBER CONTRIBUTIONS WHEREAS, the governing body of the City of Baldwin Park has the authority to implement Government Code Section 20691; WHEREAS, the governing body of the City of Baldwin Park has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Baldwin Park of a Resolution to commence said Employer Paid Member Contributions (EPMC); WHEREAS, the governing body of the City of Baldwin Park has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all "classic member" employees of the CalPERS miscellaneous retirement plan; and • This benefit shall consist of the City of Baldwin Park paying zero percent (0.00%) of the normal member contributions as EPMC for eligible employees; and • The effective date of this Resolution shall be October 25, 2015. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Baldwin Park elects to pay EPMC, as set forth above. PASSED, APPROVED and ADOPTED this 7t" day of October, 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss'. CITY OF BALDWIN PARK _f Resolution No. 2015-093 Page 2 I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-093 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 October 25, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK ATTACHMENT 2 RESOLUTION NO. 2015-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID SAFETY MEMBER CONTRIBUTIONS RESOLUTION NO. 2015-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FOR EMPLOYER PAID SAFETY MEMBER CONTRIBUTIONS WHEREAS, the governing body of the City of Baldwin Park has the authority to implement Government Code Section 20691; WHEREAS, the governing body of the City of Baldwin Park has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Baldwin Park of a Resolution to commence said Employer Paid Member Contributions (EPMC); WHEREAS, the governing body of the City of Baldwin Park has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all "classic member" employees of the CalPERS safety retirement plan; and • This benefit shall consist of the City of Baldwin Park paying zero percent (0.00%) of the normal member contributions as EPMC for eligible employees; and • The effective date of this Resolution shall be October 25, 2015. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Baldwin Park elects to pay EPMC, as set forth above. PASSED, APPROVED and ADOPTED this 7t" day of October, 2015. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK Resolution No. 2015-094 Page 2 I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-093 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 October 25, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK ITEM NO. .,' STAFF REPORT r0 ALD,r, TO: Honorable Mayor and City Council members, HUB OF U THE FROM: Daniel Wall, P.E., Director of Public Works / City Enginee SAN GABRIEL DATE: October 7, 2015 4- V ALLEY' SUBJECT: AWARD OF BID FOR CITY PROJECT NO. 2015-0101 POLICE DEPARTMENT RECORDS AREA RENOVATIONS SUMMARY This item will award the contract for City Project No. 2015-0101— Police Department Records Area Renovations to TEA Construction, Inc. in the amount of $30,308. FISCAL IMPACT This project will be funded with salary savings due to vacancies in the Police Department. While this project was not budgeted in the current fiscal year, with the offset in salary savings it should not have a net impact on the General Fund Budget. RECOMMENDATION It is recommended that the City Council: 1. Approve and award the contract to TEA Construction, Inc., in the amount of $30,308; 2. Authorize the Mayor to execute the contract, and; 3. Authorize the Director of Finance to make appropriate transfers and fund adjustments. BACKGROUND The responsibility for the City's Code Enforcement division was moved from the Community Development Department to the Police Department. However, Code Enforcement employees remained on the second floor of City Hall. In order to provide better control and supervision of Code Enforcement employees, the Chief of Police wants these employees to be physically relocated to the Police Department. This project will move a non-structural wall in the Police Department Records area to create office space for Code Enforcement. DISCUSSION A notice inviting bids for this project was advertised in the San Gabriel Examiner on August 20, 2015. In addition, the project was advertised in the Contractor's Green Sheet and the Daily Construction Service. A mandatory Pre-bid Meeting was held on September 3, 2015. On September 17, 2015, a total of four (4) bids were received. The following is a summary of the bids received. The lowest responsive bid was $30,308.00 from TEJI Construction, Inc. If awarded, the project construction will commence by the end of September 2014 and will be completed within six to eight weeks. LEGAL REVIEW None Required. ATTACHMENTS 1. Summary of bids received 2. Contract Documents d �L C E O r a 0O C lE N ?� NOd CJig N V Q. m m c d m C3 m (j v o v ''......... U C W a) Cl) F v - a` .+ ,C 7 C) N r- E9 O rnLci N r- E9 0 V ((') 49 LO � 69 CD (rD M 49 v C) E9 0 0 (O 0) (n 69 O rn E9 0 to a) (D 69 O v O E9 0 O a7 69 O co O E9 to N M 6% — (D E9 0 N w 00 M 403, O O O O O O O O O O O O O O O O E 'Z ® Cl O O N L M 000 7 N h •C W r- co N N N M Cl) C C N O W) 64 69 69 6% 6% 69 W U N 3 +CO O � hV O O O O N C C Z° 0_ O M er-- r O O N N L O U c LO tf3 69 64 69 C\f '..... 69 C4 69 69 O O O O O O O O O O O O O O Cl O U C O O O LO O M O O O O O O O .�. C to O C ~ LO I- LO N v Cl) N r M a) O696% 69 69e% V9, 69 44 > O O .-. .-� O O O O O O O O N O- Q' 0. G wi O LO N Z cLOCO). 7 U). v Cl) 6% ` fA 69 6% 69 O 0 o 0 o 0 O 0 O 0 O o O O O O C N .9 C N (OD c09 (D N :....... Iq v M O 10- 1\ LO (O .- N (D (O U 2 69 (9 6) 69 : E9 69 69 44 N C V v O O O O - O to c0 ti''..... O O O I1 W O N — — O 1` v (n (D Cl) N 1- : N (D 69 69 69 69 69 69 69 d w � � v r N EE Cl) r) y (Y W d OQ E u ai W J J QQ u7 CD m T- M ON 7 y O co y d tm 0) rnE C rn cc Z °� p y cm C ac� 'v ° m a do c •� m`>yc mo m cod, O7 Y t03 _ o�m N 2 axi D. a �•N a a C C 'x °' L C O a (0 V y vi 7 p �' 3 Q W �.. E° vi �° y 3 3 L w m to V c �C _ m p �.aUk Y >X�c O v C ai = 6� V m co 0 ° c v m c aO (D m ov m c m 3° p >,.N ca) .xa c a>acU C= t N . C lm C C O O7 (n ° N 7O m y E m N U 3 CL CE w 3 m U N J U a vJ S C (� C O m O U y C m F- WZN M LO to I- Section C CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR City Project No. 2015-0101 - City of Baldwin Park Office Remodel THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this Z day of, October, 2o1S by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and TE.i!I Constrgr t oon ._ 1r IT....._ (herein "Contractor"). The parties hereto agree as follows: RECITALS A. City requires materials, equipment, labor and all services required in for the renovation work, including: wall, doors, VCT flooring, carpet, shelves and ceiling demolition, construction of new wall and ceiling support, relocating existing and installing new electrical outlets, install new acoustical ceiling, install recessed Lighting units, install carpet and paint room. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein.. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and "services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit forthe purpose intended. 1.2 Documents Included in Contract — This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. C-1 1.4 Licenses, Permits, Fees, and Assessments — Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub- contractors' compliance with this Section. 1.5 Familiarity with Work — By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work — The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties — Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub -contractors to comply with the provisions of this agreement. 1.8 Additional Services — City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (18o) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. c-2 1..9 Special Requirements — Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A thru C"' and incorporated herein by this reference. In the event of a conflict between the provisions ofExhibit "A thru C" and any other provisions of this Agreement, the provisions of Exhibit "A t hru C" shall govern. 1..1.0 Prevailing Wages Laws — In accordance with Labor Code Section 177o et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1.81.o et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1.770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. 2. COMPENSATION 2.1 Contract Sum — For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Thirty Thou anwd 'three l-luridred Eight Dollars ($ 30,308 ) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence—Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. W 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (1o) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer — The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment — The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative C-4 basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor — Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub -contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of anyjoint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.i Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Coverage (Check if applicable) Minim urn Limits Comprehensive General Liability Insurance $1,000,00o per occurrence combined single limit (X) (including premises and operations) Contractual Liability Insurance Products $1,000,000 limit () Liability Insurance — -- y Comprehensive Automobile Liability $1000 000mmmmmer occurrence combinmmmmmmmm_.... .......... P ed single limit (X) Insurance (includes owned, non -owned, and hired automobile hazard Professional Liability Insurance (providing for $1,000,000 limit () a one year discovery period) Workers' Compensation/Employers' Statutory $1,000,00o per occurrence (X) Liability Insurance C-5 CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non - renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 144.03 East Pacific Avenue, Baldwin Park, California 917o6. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub -contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub -contractor shall require the sub -contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub -contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such M claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 198o ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub- contractors. 5.3 Labor and Materials, Performance and Warranty Bonds — Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the C-7 most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents — All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT C-8 7.1 California Law — This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes — In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (1o) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (1o) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (3o) days, so long as the defaulting party commences to cure such default within ten (1o) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds — Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (6o) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 15o% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver — No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative — Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C-9 7.6 Legal Action — In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages — Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor — If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees — If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.3. Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest—The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination — Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are C-10 employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 93.7o6 Attention: City Engineer To Contractor: 9.2 Interpretation — The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment — It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability — In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Illegal Aliens Prohibited — Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims — In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub- contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter z, (commencing with Section 16700) of Part z of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works C-11 contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 73-03.5, California Public Contract Code.) 9.7 Corporate Authority — The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities — The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9.9 Termination for Convenience — The City may terminate this Agreement without cause for convenience of the City upon giving contractor 3o days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 3-. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement C-12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: By: -------------- By: (Print Name) (Print Name) Signature: -1-11 Signature: Title: Title: Address: Address: CITY OF BALDWIN PARK, a municipal corporation By: Manuel Lozano, MAYOR ATTEST: APPROVED AS TO FORM: By. City Clerk City Attorney C-13 Page i of z (Use of City Bond Form is required) FAITHFUL PERFORMANCE BOND PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 7th day of comr µ, 2oi5 referred to and made a part hereof for: the office remodel and all appurtenant work in accordance with plans and specifications for City Project No. 2015-0101 which agreement requires the Principal to provide Obligee with this bond. NOW THEREFORE, we, as Principal, and a corporation organized under the laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, in the sum of Dollars (s, _, lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its sub -contractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. C-14 Page z of z (Use of City Bond Form is required) IN WITNESS THEREOF, we have hereunto set our hands and seals this day of _4 2015. (Corporate Seal) (Corporate Seal) APPROVED AS TO FORM: City Attorney Principal Ey-�, Title Surety By_ Title. ............._ MR Page 1. of z (Use of City Bond Form is required) LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, 4 as Principal, has entered into a contract dated , 2015, with the City of Baldwin Park (Obligee) referred to and made a part hereof to perform the following work, to wit: office remodel and all appurtenant work as per plans and specifications for City Project No. 2015-0101, which requires Principal to file this bond to secure claims made under Civil Code Section 3o82 et seq. NOW THEREFORE, we, .... -- , as Principal, and a corporation organized under the laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, and all sub -contractors, laborers, materialpersons and other persons employed in the performance of the referenced agreement, in the sum of Dollars (^ w ....... m .), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered. As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond. This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Civil Code Section 3o82 so as to give them a right of action in a suit on this bond. C-16 Page 2 of a (Use of City Bond Form is required) This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California. IN WITNESS THEREOF, we have hereunto set our hands and seals this day of r 2015. (Corporate Seal) (Corporate Seal) APPROVED AS TO FORM: City Attorney Principal By- Title Surety 8` Title (California Civil Code Sections 3248, 3225) C-17 Page i of a (Use of City Bond Form is Required) WARRANTY BOND PUBLIC WORKS WHEREAS, the City Council of the City of Baldwin Park, State of California, and .. µµwww ............. , (hereinafter designated as "Principal") have entered into a written contract (the "Contract") dated whereby Principal agrees to install and complete office remodel and all appurtenant work as per plans and specifications for City Project No. 2015-0101 which Contract is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished. NOW, THEREFORE, we, the Principal and �w.........................._.........._......_,� a corporation organized under the laws ofm, _ and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of Baldwin Park, (hereinafter called "City"), in the penal sum of.� Collars, (. _,) lawful money of the United States, which is 5o% of the amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney=s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it C-18 Page i of i (Use of City Bond Form is required) does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS THEREOF, we have hereunto set our hands and seals this day of -0 2015. Principal By_....�..w_.�.em��. Signature Title Surety Address -....... �........................ m.. Phone Number By- .... _�.. Signature .......... ......... .......-........................... �� ......... ..,...,. tle APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA COUNTY OF Date Date ... ............._..._.......... ... before me,.............................................,a Notary Public, personally appeared..................._.m,,,....,,,,,,,,,,,,... ...... personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -61 MIF -11 aall 1110 C-19 Section D SPECIFICATIONS City Project No. 2015-0101 - City of Baldwin Park Office Remodel GENERAL The work comprises the remodel of the "Records Area" of the Police Department building located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706 for office space use. This work includes wall, door, VCT flooring, carpet, shelves and ceiling demolition, construction of new wall and ceiling support, relocating existing and installing new electrical outlets, installation of new acoustical ceiling, installation of recessed lighting units, installation of new carpet and painting of the new office space as shown in the site plan and described in these documents. The contractor shall provide all construction materials, equipment, labor and services required in for the remodeling work. Contractor shall commence the services pursuant to these specifications upon receipt of a written notice to proceed and shall perform all services within 45 working days established in the "Schedule of Performance" attached hereto as Exhibit "A". When requested by the Contractor, the City Engineer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. WORKING HOURS All work for this project shall be performed during nighttime and weekend hours. Where a single shift is worked, eight (8) consecutive hours between so p. m. and 6 a.m. shall constitute a day's work (Working Day). Expenses for this requirement shall be included in the proposal prices, and will not be considered as an addition to the contract. PERMIT The Contractor shall, at his own expense, obtain a business license from the City of Baldwin Park. Additionally, the Contractor shall obtain a "no -fee" permit from the City's Building Division. The Contractor shall comply will all Federal, State or local laws, ordinances or rules and regulations relating to the performance of the work. PRE -CONSTRUCTION MEETING AND MISCELLANEOUS REQUIREMENTS Prior to commencing work, there will be a preconstruction meeting to be attended by the Engineer, Contractor, Inspector, PD staff at which time the Contractor shall be informed of specific instructions necessary to meet construction quality standards and other documentation which may be required. The Contractor shall submit a construction schedule, components, parts and materials specifications proposed for use on the project during this meeting. CONSTRUCTION MATERIALS The Contractor shall furnish all materials required to complete the work under this contract. Contractor is required as part of this agreement to furnish all materials to accomplish maintenance in accordance with the foregoing specifications. The unit prices to be paid for the items listed in the Contractor's Proposal as defined herein shall be considered full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown on the Plans, as specified herein, and as directed by the Engineer. The contractor may offer equals and equivalents for materials and products. This procedure shall conform to the latest edition of the State Specification (Section 6-s.o5) Pursuant to California Public D-1 Contract Code Section 3400, submission of data substantiating a request for a substitution of "an equal" item shall occur within 35 days after award of contract. Use of City form is required. D-2 Exhibit A TIME OF COMPLETION The Contractor shall begin work within ten (io) working days after receiving the "Notice to Proceed". The Contractor shall diligently prosecute the work to completion before the expiration of forty five (45) working days after the "start of work on the contract". W Exhibit 6 SOLID WASTE REPORTING Contractor's Construction and Demolition Waste Diversion Reporting Form City Permit No: Summary Sheet Please write the name of facilities (e.g., landfill or inert name) materials are taken to. Facility Name .................... Total Tons Facility Name ........................... ...m..... Total Tons Facility Name .....--. Total Tons To the best of my knowledge, the above estimates are an accurate representation of the disposition of the construction and demolition materials generated on-site at the construction job. I understand that the City may audit disposal and recycling documentation related to this survey. Print Name„ Additional Notes/ Comments: M °"� HUBI0F . JHE City of Baldwin Park SAN,GABRML 711 Contractor's Construciton and Demolition 1et);A�,��' . . . Waste Diversion Reporting Form Job site address or project (where waste was generated): Company Name:,.....,,, City Permit No: Recycled or Reused Name of Disposal Alter Engi Material Facility/Site gate native Compost neered Mulch Other where taken LandfillFill Tons Tons Tons Tons Tons Tons Tons Asphalt Concrete Dirt Green Waste Metal Other Segregated materials (describe) Rocks Wood Mixed Waste Other Construction .—....... .... ...., .. ........... .............. ....... ,....... .,, .........r. r ....,.......r. or Demolition Waste .... ............... ........... . .____ ............ Total Prepared by: ITITIT Date of Report D-5 Exhibit C CONSTRUCTION DETAILS D-6 City of Baldwin Park Office Remodel Project 2015-0101 I XV, IPI 1111114'+1lT IP,Ivv),AI — VI+I;','�I1I� �r'IffIIIGuV'llr'(u"il�/"�'II"''I"ul,�: L`C; IPv,1 N't :nl +I'IfII, Vy' R> I V'tW'1'YI" * �,) fl)�� Q NArM�� ,.� �1,r I,r),r ; I:IIa1,i�g1N/ a;a iIl `'il;�ril I: � f0 111"T; I13Mrhrl;r� t VV,fyM1 V4 VC)"AS �� « %'� � & A"! ul Vr) 1V11'T ' 1,0 li 1TMOW` I r a K M M(Afl') 1111"Y, A � �� Illi M, l u� Vh/a1p,P1 I�" 91M � IFVV �V,Nw I 10 0 [N T'P M(M I,F I MM, 01 I XI" f a� V A I I p yII I q I Nrk/vA U! 1I( A) fal.Ihh a �1�,d,1,—luh' Mf 1W, L/ l`litf('ti 9 JIIII,II;' 1)()M All) 1',1 PP : MT1IIFYI, 9,1'61'21T111Ili >I r I r Note: Not to Scale. Dimensions are approximate. Contractor to field verify. D-7 AMUMI, CcUR", mo. r4"' RFI PM&A Fomy PAM ps sq R, Gus G,:"" a got A TH, R Wmw Ime zl',* 1 ',Amftl Va Pmpd SAMS momcol wowm"y pums 6,2,kafa p"muW P.M own evol, INWOUAWE NnU,3 k vski Fire RIF,,' Clv,� A kqN%owwm, D84 VlihRe� S" m4mm, pw� Am a QWXg ,4,vHhd,,, E,'NWC8E POD A 14M IN mo. B 1267 Accountable 111 He Brand Bigelow Product Type Tile DESIGN Minimum Sq. Yd. No minimum Construction Tufted Surface Texture Level Heathered Loop Gauge 1/8 (31.50 rows per 10 cm) Density 7105 Weight Density 106,579 Stitches Per Inch 8.8 (34.65 per 10 cm) Finished Pie Thickness .076" (1.93 mm) Dye Method Solution Dyed Backing Material EcoFlex ICT Fiber Type Colorstrand@ SD Nylon Face Weight 15.0 oz. per sq. yd. (509 g/m2) Pattern Repeat Not Applicable Size/Width 24" x 24" (.6096 m x .6096 m) Soil Release Technology Sentry Plus Installation Melhad Quarter Turn Indoor Air Quality Green Label Plus 1098 Foot Traffic Recommendation TARR Severe NSF 140 Gold PERFORMANCE Slatic AATGC-134 Under 3.5 KV Flammability ASTM E 648 Class I (Glue Down) Smoke Density ASI M E 602 Lvst: thmn 4W� SERVICE Warranties Lifetime Limited Tile Warranty Lifetime Limited Colorfastness to Light 10 Year Limited Colorfastness to Atmospheric Contaminants 10 Year Stain Warranty Lifetime Static ME IF ,] A Llmomm Llwyrlwa -11u` FEATURES & SPECIFICATIONS INTENDED USE —Low -profile static luminaire provides general illumination for recessed applications; Ideal for restricted plenum spaces. Certain airborne contaminants can diminish integrity of acrylic. Qftlfi Aaylll Lp(yj, ,) jp11l;Aj, !,'.q12hmiib11i kxr�itifloW wP5 ._!_yL4Ir ATTRIBUTES —Designed exclusively for use with T8 lamps, electronic ballasts and sockets. CONSTRUCTION — Smooth hemmed sides and smooth, inward formed end flanges for safe handling. Lighter weight fixture allows for safe, easy installation. Standard steel door frame has superior structural integrity with premium extruded appearance and precision flush mitered corners. Steel door allows easy lens replacement without frame disassembly (for lenses up to .156" thick). Powder painted, steel latches provide easy, secure door closure. Superior mechanical light seal requires no foam gasketing Integral T -bar clips secure fixture to T -bar system. Housing formed from cold -rolled steel. Acrylic shielding material 100% UVstabilized. No asbestos is used in this product. FINISH — Five -stage iron -phosphate pretreatment ensures superior paint adhesion and rust resistance. Painted parts finished with high -glass, baked white enamel. ELECTRICAL — Standard ballast is electronic, thermally protected, resetting, (lass P, HPF, non -PCB, UL Listed, (SA certified ballast, universal voltage and sound rated A. Luminaire is suitable for damp locations, AWM, TEN or THHN wire used throughout, rated for required temperatures. LISTING — Standard: UL. Optional: Canada — (SA or cUL; Mexico — NOM, WARRANTY — 1 -year limited warranty. Complete warranty terms located at US patents: 6,210,02S; 6,231,213; 2,288,471, Note: Specifications subject to change without notice. Catalog Number Notes . ..... . . . ............... . .... . .. ........ Type General Purpose T8 Troffer r GT8 2x4' J 2, 3 or 4 Lamps A111sera . . . . .. .. .............. . . .... 48 3-3/16 Length: 48 (121.8) oma w. Width: 24 (60,9) L", .... ... . . .......... Depth: 3-3/16 (8.1) .......... .................. Weight: 22 lbs (9,9 kg) NOTES: 1 Available with flush door frames only. 2 MVOLT standard for 120-277Vappilcations, 50-60 hz operation Some options require voltage specified. 3 Must specify voltage 120V or 277V. M= D-10 All dimensions are inches (centimeters). IMEEMML.For -------- — - ---- - - ------------- - --- shortest .. . . . ........... ................................................................................................ lead times, confiq ure products using ........................... . ........................ bolded options, . .... ......... . .... . . .... . .......... .............................................. ...... .................................................. Example: ................ 2GT8 2 32 Al 2 NIVOLT GE6101S ................. . . ------- ------- - - - - ------ 2GT8 --- --------- . ..... . .......... . . ... ........... . . . — -- — ------- Numberof Series Trit" ilyp* lar"Ps Lalnptypk Drioursfiante Dflifuley type Voltage Options 26TB Ywide (blank) Grid 2 32 32WT8 (48") (blank) I lash steel, Al2 412 pattern 120 1/4 One 4 -lamp ballast F Overlapping 3 white I acrylic 277 1/3 One 3 -lamp ballast flanged 4 FN llwA aliilmiruum, natural A12125 412quiern acrylic, i),v, 347 GEBIOIS Electronic ballast, <10%THD, NotFM I lmh 4111111111ium, thick MVOLTI instant start included rialic. hrlixk A19 419 pattern Others GEB10PS Electronic ballast, <10% THU, FW flush „flufrihrum, scrAr, 156" available programmed start white irk GEB1ORS Electronic ballast, <10% THD, FIN llrqr�.,sca A15 415 pattern rapid start aluriuriurn, acrylic,.2 thick EL frilet092 battery pack t i-ol (9) lumens) natural sioni RM hf.ainmwd PCIS 1/2" x1/2"x 1/2' plao 1, EL14 lunrigerp battery pack inorrairial 4001unirns1i aluiMuvrn, ulathe bh10 cube louver, silver GLR Internal fast -blow fuse' RW flrqres^ed P(2S 1-1/2"x1-1/2" GMF Internal slow -blow fuse' tim4iw% white x I" plastic cube I LST Tandem -wired fixtureairs p louver, silver wl fsMurtd ballasts) flange, PWS1836 6prewbe, 3/8" dia., 18 -gauge, PC3S 3/4" x 3/4" x 1 circuit 1/2' Ific cube vowpf, LP_ Lamped, specify lamp type silver and color ip PaUeUmd and site, ich, wrapped without individual faitrns; grid trim only (SA (SA Certified ........... .. . . . . . ............ . . ...... . . . . . . . ................................................. . . . ... . ..... ...... ...... . . ...... . ........... ................................. .......... ........ ............. . . . ........... . .......... . . . . . . ...... __ .................. .... . . . ...................... NOM NOM Certified NOTES: 1 Available with flush door frames only. 2 MVOLT standard for 120-277Vappilcations, 50-60 hz operation Some options require voltage specified. 3 Must specify voltage 120V or 277V. M= D-10 Section B BID DOCUMENTS CONTRACTOR'S BID PROPOSAL City Project No. 2015-0101 - City of Baldwin Park Office Remodel City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 TO: Honorable Mayor and Members of the City Council FROM: Bidder's Company Name: Contact Person: Business Street Address: City, State, and Zip Code: Phone No.: Fax No.: Contractor License No.: Date:. , _.... .... .m�W. ATTN: City Clerk Dear Madam: 1., We have carefully examined the sites, local conditions affecting the same, the Instructions to Bidders and Notice to C6ntractors, the agreement, the detailed plans and specifications and all bid and contract documents for the work set forth in the official publications, and submit herewith the following schedule of prices. If awarded the contract, we agree to begin work within ten (10) working days after receiving notice to proceed and to complete proposed work within 45 working days as stated in the "Schedule of Performance" — Exhibit "A" in Section "D" of these specifications. We further agree to sign and return the contract to the City within ten (10) working days after receiving notice that the contract is ready for signature and to furnish bonds, insurance endorsements and certificates, and any other required documents in the form prescribed by the City at the same time. B-1 - I1 We understand that in case of default in executing such contract with necessary bonds within the specified time, the cash, check or bond accompanying this bid and the money payable thereon shall be forfeited hereby to and remain the property of the City of Baldwin Park, except as provided in Public Contract Code Section 20174. We have carefully checked all of the figures and understand that the City of Baldwin Park will j not be responsible for any errors or omissions on the part of the undersigned in making up this bid. - BID SCHEDULE City Project No. 2015-0101 —City of Baldwin Park Office Remodel MEA UP � ff�'N Demolition, removal, disposal and — cleanup of existing walls, doors & 1 LS i 7,'100 'I,0 $ % Zoov()b ' frames, VCT flooring, carpet, shelves . , ,Oa 5`0 and gyp board and acoustical ceilings. u... Level and prepare ceiling, including 2 construction of ceiling support along 350 SF $ J�' � � $ 5,, 600.00 demo line and install drop ceiling grid _,. with 2 -ft by 4 -ft acoustical ceiling tiles. 3 Install modular tiled caret f_ ng, _._ 350 SF.m.m $`li _3$00y g or preparation work including fl f 4 Install 2 -ft by 4 -ft recessed lighting units to match existing, including all 4 EA $ 7`i C� $ 1 j 6M00 purtenant ele� apctrical work...... ...... ... 1•Cti2rNlu,n�da�*r'� ...�- .. _.._ ..___.� 5 Construct wail to match existing. 1 LS 44w"V0..WJ 21 L170,00 6 Paint entire room to match existing 1 LS ; `o. op a t� 6`I JCS-�C� Install 7 st Electrical Outlets including all 2 EA $ 3 - 00 s q60.00 rt nant electrical work. t -_ ,.._. . m... ®. �._ _.._..... Thir y �u5omd`+Y-ee Jr-eJ n,hd E�tgk- �-dotters Total Bid 3C?�309.00 Note: This work is to be done during night and weekend hours. Signature of Bidder The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work MEA � - DESIGNATION OF SUS~CONTRACTORS � ' U�� 01�'�1�� - ��~ � w� �mK�wwYm �a�� ce ��mm��m[' City Project y ' ~ � As required by State Law, the General Contractor bidding will hereinafter state the ' subcontractor on the job for each particular trade or subdivision of the work in excess of ono' - half percent of the total bid price and will state the first name and principal location of mill, � ship-, plant or office of each' Where no subcontractor in listed for a particular phase of the work, it is understood that the General Contractor will perform the work. No changes or � - substitutions may be made in these subcontractors except upon the prior approval of the City. The undersigned certifies that the bids of the following listed subcontractors were used in � - producing the bid, and that the subcontractors listed will be used fort6e'vvnrk for which they |� id, subject to the approval of the City Engineer, and in accordance with the applicable . i i of the Specifications i��ationufortho|int�dVVork' _ provisions nsoc � .^ � _5W � Bidder's Name Authorized Signature CONTRACTOR REGISTRATION LAW - Senate Bill 854 requirements Pursuant to Labor Code section 1725.5, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project and no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (DIR). Each bidder is responsible to list their registered information with the DIR in the space below provided and sign below. I0 ©0 a 2 S 73q . .1UDNN5..� .. �J� q sit si-zv.s 6/3cyl gab coal--�i C:: 100000 2017 CL/ g51z28 61 25/2015 61'301,W,6 ©oey-+ Seo k1( ay1-o )00002-q-790 CIO /s 55qS g1�31wI5 6%3o/zoil Bidder's 5igrzrture........_�� ..m.-_........................................_....._._ Bidders N��rne"° t NOTE: THIS FORM MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR'S BID PROPOSAL. B -1•S ITEM NO. 1,41 STAFF OR P,L TO: Honorable Mayor and City Councilmembers " oo FROM: ;liannon Yauchzee, CEO THE �Iy AN GABRI L � DATE: October 7, 2015 N VA LLEY' " SUBJECT: APPROVAL OF A CONTINUED CONTRACT WITH ROGERS 4tEo "moJO ANDERSON, MALODY & SCOTT, LLP TO PROVIDE INTERIM FINANCE DIRECTOR SERVICES SUMMARY This report requests the City Council continue contracting with Rogers, Anderson, Malody & Scott, LLP to have Terry Shea, CPA, continue with the Interim Finance Director duties. FISCAL IMPACT The services can be paid from the salary savings due to the vacant position and there will likely be some savings to the General Fund budget. RECOMMENDATION It is recommended that the City approve the ongoing contract with Rogers, Anderson, Malody & Scott, LLP for Interim Finance Director Services (Terry Shea, CPA) and authorize the Mayor to sign the contract. BACKGROUND In June of 2015, the City began the search to fill the Finance Director position. This position is critical to the ongoing operations of the City. As an Interim measure, Terry Shea, CPA, from the firm of Rogers, Anderson, Malody & Scott, LLP, was brought in under the contract authority of the CEO. The hiring process is underway and staff is determining a list of qualified candidates to interview. It is expected that the process could last up to and into January 2015 due to the upcoming holidays. This requires the contract for Interim service to be continued and approved by the council as the amount will exceed the $24,999 authority of the CEO. LEGAL REVIEW This report and contract has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES There are few viable alternatives since the Finance Director is a critical position and the City is will begin the audit process again at this time of year. As an alternative, the City Council could select another qualified firm or individual, however this process could leave the City without an interim director for several weeks. ATTACHMENTS Contract Document THIS AGREEMENT is made and entered into this _day of , 2015 by and between the City of Baldwin Park, ("City"), and Rogers, Anderson, Malody & Scott, LLP ( AKA RAMS, LLP ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." 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 "A." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. .STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW, Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $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, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13, TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT RAMS, LLP 735 E Carnegie Dr. Ste. 100 San Bernardino, CA, 92408 (B) City of Baldwin Park Att.: Shannon Yauchzee 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 813-5204 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: ...... _. Manual Lozano, Mayor Dated: CONSULTANT: RAMS, LLP By' Name/Title Dated: RO<.:mV: RS, ANDERSON, MPe.E..C:1DY & S¢": .T.I.. �...LP CE l( V F GFL) E'1.1CBE...K." oACd;::(7P..JNTANTV `;o, .: M...:S D 9 8 735 E, Carnegie D� SW�e 100 Sean Bern ar¢.Vwo, CA 92408 909 889 087 T 909 889 536 Q F rarmv.scpa.net September 29, 2015 u f �316 .fi � �,A V V 1 1 I:.�� p�II'A' We are pleased to provide this quote for professional accounting services , N GFR S I A I . in support of the City's Finance Department. Rogers, Anderson, Malody �,�t,,, , ,. m , > 111, F & Scott, LLP has an established reputation in the governmental ',vcng I f1,vn I ,,i. , PA,, ], BA accounting and auditing community for providing excellent and timely ''" "" `'''° service to our clients. Because of our extensive municipal experience, dedication to providing quality services and our determination to retain the best and the brightest professionals, we feel that Rogers, Anderson, f,'tr,E„ PA Malody & Scott, LLP is the most qualified firm to provide professional J”) ""` "P'jvm r PA PTfinancial services to the City of Baldwin Park. We appreciate this opportunity and the services that would be provided for the City of Baldwin Park, would be as follows: We will provide accounting support for the City's Finance Department. Terry Shea will serve as the City's Interim Finance Director from September 2015 through January 2016. The estimated time would be 16 to 20 hours per week. Our estimated hours and fees to complete these services would be as follows: Level Hours Rate Amount ae,r,te ri Ia'i,IiIId'Cc" >C Partner 300 $ 175 $ 52,500 h, 1 I .r^A .u„t„,,.c Mileage 500 fm PA row" $ 53,000 C,r,vernrnr^iu�,l ,r,u'bil Q)iof 51 fun1,:n ^ a',w r}, of _, i o-91',rf fl In ."pct n,u,,,uira; a._..P..ABPfl...B.. Y, AC:<.:1..MAC Y, .E.RUSI Hi�„3, I. Odh UPMI1I I', ) , )e I' Iu i i 1>a, :j k A ICPA City of Baldwin Park i, 0V I"Io,,,i,� � f C,N1A Shannon Yauchzee, City Manager ',h,r,l,lm YA, I V,, f, � XX MA 14403 E. Pacific Ave. I, 7'1r` hc ' I"`mn, I „�i,a"°' Baldwin Park CA 91706 u f �316 .fi � �,A V V 1 1 I:.�� p�II'A' We are pleased to provide this quote for professional accounting services , N GFR S I A I . in support of the City's Finance Department. Rogers, Anderson, Malody �,�t,,, , ,. m , > 111, F & Scott, LLP has an established reputation in the governmental ',vcng I f1,vn I ,,i. , PA,, ], BA accounting and auditing community for providing excellent and timely ''" "" `'''° service to our clients. Because of our extensive municipal experience, dedication to providing quality services and our determination to retain the best and the brightest professionals, we feel that Rogers, Anderson, f,'tr,E„ PA Malody & Scott, LLP is the most qualified firm to provide professional J”) ""` "P'jvm r PA PTfinancial services to the City of Baldwin Park. We appreciate this opportunity and the services that would be provided for the City of Baldwin Park, would be as follows: We will provide accounting support for the City's Finance Department. Terry Shea will serve as the City's Interim Finance Director from September 2015 through January 2016. The estimated time would be 16 to 20 hours per week. Our estimated hours and fees to complete these services would be as follows: Level Hours Rate Amount ae,r,te ri Ia'i,IiIId'Cc" >C Partner 300 $ 175 $ 52,500 h, 1 I .r^A .u„t„,,.c Mileage 500 fm PA row" $ 53,000 C,r,vernrnr^iu�,l ,r,u'bil Q)iof 51 fun1,:n ^ a',w r}, of _, i o-91',rf fl In ."pct n,u,,,uira; a._..P..ABPfl...B.. Y, AC:<.:1..MAC Y, .E.RUSI City of Baldwin Park Shannon Yauchzee, City Manager September 29, 2015 Page 2 We are committed to providing the services as discussed above and would be able continue or services to the City. Any changes will be discussed ahead of time. This proposal is a firm and irrevocable offer for 30 days. Terry Shea, will be the engagement Partner and he is authorized to make representations for our firm. Should you have any questions please feel free to give Terry a call at (909) 889-0871. Yours truly, ROGERS, ANDERSON, MALODY & SCOTT, LLP Terry Sh CPA ITEM NO. STAFF REPORT 'L" TO: Honorable Mayor and City Councilmembers 4 .UDOF �g THF FROM: Shannon Yauchzee, Chief Executive Officer %VALLEY � DATE: October 7, 2015 SUBJECT: RATIFY THE RETENTION OF ATTORNEY SERVICES SUMMARY It is recommended that City Council ratify the retention of the Cogitavit Law Corporation, to provide legal advice and representation for the City of Baldwin Park, and add this firm to City's panel of approved attorneys, FISCAL IMPACT There is no fiscal impact to add this legal firm to the City's panel. The cost of legal services will depend on time spent on legal matters. RECOMMENDATION It is recommended the City Council: 1) ratify the retention of, and approve retainer agreements with Cogitavit Law Corporation, authorizing the Mayor to execute said agreement upon approval; and 2) add this firms to the City's panel of approved law firms. BACKGROUND The City maintains a list of approved attorneys/law firms under contract who specialize in certain matters such as Litigation, Labor, Land Use, and Environmental Law. From time to time it is necessary to update the list, Michael Charles Fiszer, Cogitavit Law Corporation The demands of ongoing litigation and transactional matters require the City to receive additional specialized legal advice to protect its legal interests. The Cogitavit Law Corporation has been handling the dissolution of the BPCCC and will continue with this project. The hourly rates proposed by Cogitavit Law Corporation are as follows: Partners/Principals......................................... $395/hr Associates, Paralegals, and Law Clerks ........$85 - $350/hr LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The alternative is to not add this firms and/or choose alternate firms, ATTACHMENT Retainer Agreement COGITA VIT LA W CORPORA TION 1900 AVENCl1' OF THE'' S'T'ARS, SUITE 1800 LOS ANGEI S, CALIFORNM 90067 TELEPHONE (310) 666-0420 FACSIMILE (310) 552-9291 '4"w"1N�1! 4()9"x,plaiVlA.,0.)_I_'9;Y Michael Charles Fiszer September 29, 2015 Shannon Yauchzee, Chief Executive Officer City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Re: Ret4s°eil. 4tnentle(l Eijgg,&&t errt ria EIN c+ rrxvc rta"' x crr Dear Mr. Yauchzee: Michael.Fiszer@gmail.com Thank you for choosing me and my law firm, the Cogitavit Law Corporation (collectively, the "Firm") to represent the City of Baldwin Park. The Firm looks forward to a mutually successful relationship. California State Bar Rules require that the Firm enter into a written engagement agreement with each client. This letter (the "Agreement") sets forth our understanding of the terms, conditions and limitations of our engagement and representation for all work that the Firm undertakes on your behalf. 1. 'Scoly oaf _l iigagiiiel'll. The City of Baldwin Park ("You" or the "Client") has engaged the Firm to counsel the Client in connection with the dissolution and liquidation of the Baldwin Park Community Center Corporation (the "BPCCC") (hereinafter referred to as the "Project"). The Project and the Flat Fee, described below, excludes any counsel, work or other representation in the event that State of California, the Internal Revenue Service or other government agency conducts an investigation or audit of the BPCCC, its operation or the circumstances of its liquidation and/or dissolution. Separate from the Project, the Firm welcomes any requests by the Client for the Firm to perform legal services in addition to the Project, pursuant to the terms of this Agreement. 2. 1 e.c. „1 ienses ,and psts. In this case, the Firm has previously agreed to a flat fee of $4,500.00 (the "Flat Fee") for the Project, and that Flat Fee has already been paid to the Firm. The Flat Fee includes (i) all drafting, redrafting, editing, and finalizing of all documents advisable and/or required to be prepared, signed and/or submitted as a part of the Project, and (2) all telephone calls, in -office conferences and emails between the Firm and the Client concerning the Project. The Firm's bills to the Client may also include charges for various costs and expenses incurred on the Client's behalf. Costs and expenses are incurred through invoices from a third party. Typical costs and expense items include, but are not limited to; government fees, document filing fees with government offices, messenger services, travel expenses (as needed) and overnight delivery charges (Federal Express and other carriers). In-house costs for copies, faxes, and regular postage are not billed to the Client, As to any legal services delivered to or on behalf of the Client for anything else other than the Project, the Firm's fees will be calculated and billed on an hourly basis. Currently, Mr. Fiszer's hourly rate is $395.00 per hour. The Firm's of -counsel attorneys, associates, paralegals, and law clerks bill out their time at anywhere between $85.00 LA W OFFICES COGITAVIT LAW CORPORATION Shannon Yauchzee, Chief Executive Officer City of Baldwin Park September 29, 2015 Page 2 per hour and $350.00 per hour. Attorney and paralegal hourly rates are reviewed on an annual basis and may be changed with at least 30 days' written notice. These hourly rates will apply to all time expended on the Client's behalf including, but not limited to, personal and telephone conferences, research, preparing, analyzing and reviewing documents, travel, negotiations and internal office conferences. The attorneys in our Firm record the time expended in tenths (0.1) of an hour. The Firm may, but is under no obligation, to agree to future alternate billing arrangement, but any such arrangements must be first memorialized in a written project acknowledgment letter between the Firm and the client. 3. Flat Fee Relt aura. In addition to a signed copy of this Agreement, in order to commence the Firm's representation of the Client, the Client must deliver the Flat Fee to the Firm, by credit card authorization or by check, which is deemed earned upon receipt. In the future, on matters other than the Project, there may be occasion where the Firm will require from the Client to provide a retainer in advance of commencing such project, to be applied against future costs and future fees. Unless otherwise agreed to in a written acknowledgement letter, any such sums shall be deposited by the Firm in our client trust account. The Client authorizes the Firm to withdraw the principal from the trust account to pay attorneys' fees and costs as they are incurred by the Client. Any interest earned will be paid, as required by law, to the State Bar of California to fund legal services for indigent persons. 4. C iengral 1-c p(mwJ il. tri . The Client shall cooperate fully and candidly with the Firm with respect to all projects, whether this project or future projects. The Client shall provide all information known by or available to the Client which may aid the Firm in representing the Client. The Firm shall keep the Client informed as to the status of each project and as to the course of action being followed or recommended by the Firm. All of the Firm's work product will be owned by the Firm and may be utilized in whole or in part in other projects not involving the Client. 5 Cotrllicis—o liit a„est. The Firm represents many other companies and individuals. It is possible that some of the Firm's other present or future clients will have disputes with the Client during this engagement. As a condition to the Firm=s undertaking this engagement, the Client agrees that the Firm may continue to represent, or may undertake in the future to represent, existing or new clients, in any matter that is not substantially related to work the Project. The Client=s prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as the result of the Firm's representation of the Client, the Firm has obtained sensitive, proprietary or other confidential information that, if known to any such other client of the Firm, could be used in any such other matter by such client to the material disadvantage of the Client. 6 T Irrrinatiorr Irl l � I r ntirlion. The Firm may withdraw from its engagement if the Client fails to honor this engagement letter or for any reason permitted by the California State Bar Rules of Professional Conduct. The Client may terminate this engagement with or without cause. Notification of termination or withdrawal shall be made in writing and shall be effective upon receipt. In the event of such termination or withdrawal, the Client shall promptly pay the Firm all fees, costs and expenses incurred prior to the date of termination or withdrawal. If a dispute arises between the Client and the Firm regarding attorneys' fees or costs under this Agreement, the Client has the right to elect to arbitrate the dispute under Business and Professions Code Sections 6200-6206. If the matter is litigated or arbitrated, the prevailing party shall be entitled to receive as part of its award its actual attorneys' fees and costs. 7 (.lovr.tidi�li 1 yaw_.,And Rules 01 Prof";ssion-al C on_du.cl.. This engagement letter shall be interpreted and enforced in accordance with the laws of the State of California. The Firm=s services shall be governed by the State Bar Rules of Professional Conduct as adopted by the State Bar of California regardless of where the services are actually performed. The Firm will competently and diligently represent the Client. However, the Client acknowledges that, LAW OFF/CES COGITA VIT LA W CORPORATION Shannon Yauchzee, Chief Executive Officer City of Baldwin Park September 29, 2015 Pae 3 other than the Project, the amount of legal fees, costs and expenses which may be incurred in any project are not capable of precise prediction, and agrees that the Firm has made no guarantees and has set no limits with regard to its work. The Firm makes no guarantees regarding the outcome of any project that it may undertake. 8. Mi,sc lkineou._s. This Agreement may be signed in counterparts. Facsimile signatures and electronic signatures shall be deemed as original signatures, as well. Representation of the Client by the Firm will commence upon receipt of this engagement letter executed by the Client together with the Payment of the Flat Fee. This engagement letter shall not be modified except by written agreement signed by the Firm and the Client. This engagement letter shall be binding upon the Client and the Firm and their respective heirs, executors, legal representatives and successors. The Client is encouraged to have it reviewed by other counsel of the Client's choice prior to execution by the Client. In any dispute hereunder, the prevailing party shall be entitled to its reasonable attorney fees and costs. Please sign the acceptance at the end of this letter and return the entire document to the Firm. We look forward to working with you on the Project, as well as other matters in the future. Very truly yours, COGITAVIT LAW CORPORATION Michael Charles Fiszer ACCEPTED AND AGREED: CITY OF BALDWIN PARK, CALIFORNIA Dated: ..., ....... 2015 By _ Shannon Yauchzee, its Chief Executive Officer STAFF REPOR �Iul TO: FROM: DATE: Honorable Mayoi Marc Castagnola, Amy L. Harbin, Aiur, i.ity riauuer ITEM NO. October 7, 2015 SUBJECT: PUBLIC HEARING TO CONSIDER AN EXTENSION OF AN EXISTING CITYWIDE MORATORIUM ON NEW AND THE EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS. SUMMARY This report requests City Council adoption of Ordinance 1381 extending the existing ordinance placing a City- wide moratorium on the establishment of new and expansion of existing massage businesses. A four-fifths (4/5) vote is required for approval of this ordinance (Government Code 65858(b)). FISCAL REQUIREMENTS There is no fiscal impact associated with this item. RECOMMENDATION Staff recommends following the public hearing the City Council adopt: Attachment #2 entitled "REPORT OF MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF ORDINANCE 1378"; and 2. Ordinance 1381 entitled "AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF". NOTICING REQUIREMENTS Pursuant to Government Code Section 65090, a Notice of Public Hearing was posted at City Hall, the Community Center and Barnes Park on September 16, 2015. BACKGROIJ ND/QI SCUSSION At the September 2, 2015, City Council Meeting, the City Council adopted an urgency ordinance (Ordinance 1378), which placed a 45 day city-wide moratorium on the establishment of new and expansion of existing massage establishments. This request was a result of changes to State Law (AB 1147), which re-established local governments ability to regulate massage businesses. Prior to adoption of this State Law, AB 619 required that local governments regulate these establishments and classify them the same as other professional services such as medical offices. The purpose of this report is to request City Council approval to extend the moratorium for an additional 22 months and 15 days, per California Government Code Section 65858 which allows a single extension for that maximum time period. Staff believes the extension of time is warranted and will enable staff to conduct thorough research and review of reports, studies, and ordinances as the City's current Municipal Code does not have any performance/development standards or specific criteria to regulate and/or mitigate the perceived or real impacts of massage establishments. During the past 30 days the Urgency Ordinance has been in effect, staff has and continues to do a significant amount of research and reviewing of materials related to massage establishments. To date, staff has obtained a Extension of Moratorium (Massage Establishments) October 7, 2015 Page 2 variety of documents related to massage establishments, including zoning regulations from various cities and studies/ordinances discussing massage uses and their impacts on the community. Although the initial Urgency Ordinance is in effect for only 45 -days (expiring on October 16, 2015), in reality, staff has only had approximately 30 calendar days to research and review the information obtained to date. As a result, staff is requesting the City Council extend the moratorium on the establishment of massage facilities. That extension will enable staff to collect and analyze additional data relating to massage establishments and their impacts. As stated in Government Code Section 65858, at least 10 days prior to the expiration of the initial 45 day moratorium, the City Council is required to issue a written report (Attachment #2) describing the measures taken to alleviate the conditions that led to the adoption of the ordinance. As stated prior, staff has obtained a number of reports, studies, and ordinances which relate to massage establishments. However, in order to thoroughly study the material and establish appropriate mechanisms to address any concerns related to massage establishments, staff intends to study: 1) The concentration of all types of existing massage establishments in the City to determine if an over -concentration of massage establishments exist and if a conditional use permit should be required; and 2) Specific development standards for massage establishments, including, but not limited to, hours of operations, sterilization of equipment, prohibited conduct, and minimum building requirements. Therefore, staff is requesting the extension of the urgency ordinance, which would protect the public safety, health, and welfare from any future negative impacts associated from the creation of any type of massage establishment. If adopted by 4/5 vote of the City Council, then this extension would prevent massage facilities/establishments to be located throughout the city for an additional 22 months and 15 days. That timeframe does not preclude staff from presenting those findings to the City Council much earlier than the allotted time. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ALTERNATIVES Should the City Council choose not to adopt the extension of the moratorium, the City would be in conflict with State Law and have no development standards to regulate any massage establishment. ATTACHMENTS #1 - Ordinance 1378, adopted on September 2, 2015 #2 - Report identifying measures taken #3 - Ordinance 1381 ATTACHMENT # ORDINANCE 1378, ADOPTED ON SEPTEMBER2, 2015 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 rage 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:1Amy%AMY4WORDIResolubonsOrdhanceslCoundl OrdnanceMamp Moratorium #Zdoc Urgency Ordinance --1378 Massage Establishments September 2, 2015 Page 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 ADOPT ATTEST: KristiRus II..........................................................�.�.�....._. ..� Chief Deputy City Clerk ATTEST: C:1Amy1AMY%WORC1ResolutlonsOrdnances\Coundl OrdinancesWassage Moratorium 92.doc 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 on September 2, 2015 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: BACA, GARCIA, LOZANO, PACHECO, RUBIO NONE NONE NONE KRISTI RUSSELL, CHIEF DEPUTY CITY CLERK ATTACHME NT #2 REPORT IDENTIFYING MEASURES TAKEN REPORT OF MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF ORDINANCE 1378 Since the adoption of Ordinance 1378, which established an urgency moratorium on new and establishment of massage establishments the City has taken steps to obtain a variety of studies, ordinances, and reports related to massage establishments, including: 1) Surrounding cities ordinances that have development standards specific to the massage use. 2) Police Department data on existing establishments within the City of Baldwin Park. 3) Business License data on existing establishments within the City of Baldwin Park. 4) California Massage Therapy Council information about individual therapists certification. 5) Criteria for proof of rehabilitation and procedures for denial of certification or discipline/revocation The continued gathering of information and the study of the variety of documents, particularly other cities' development standards, will allow planning staff to review and consider any impacts of massage establishments resulting in the possible establishment of appropriate mechanisms to mitigate any potential impacts. C:\UsersWmyWppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\BKMVPK6L\measures taken -massage moratorium #1 doc ATTACHMENT AC MEN #3 ORDINANCE 138 ORDINANCE NO. 1381 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING 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, a number of which have been found in violation of the law, 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 Urgency Ordinance -1381 Massage Establishments October 7, 2015 Paqe 2 properties, and to consider revisions to the zoning ordinance accordingly to conform to the General Plan. WHEREAS, on September 2, 2015 the City Council of the City of Baldwin Park adopted Ordinance 1378, enacting a moratorium prohibiting the establishment of new and the expansion of massage establishments within the City of Baldwin park; and WHEREAS, on October 7, 2015, the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090, on the potential extension of the moratorium imposed by Ordinance 1378 and Ordinance 1381 was adopted extending the moratorium until August 22, 2017 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. SECTION 4. City staff has initiated a study of 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 C:Wmy'AMYtWORDtResolutionsOrdinancestCouncil OrdinancesWassage Moratorium #4 doc Urgency Ordinance -1381 Massage Establishments October 7, 2015 Paae 3 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. Staff has prepared a report available ten days before October 7, 2015 studying options with respect to the operations and regulations of massage establishments and said study is incorporated into this Ordinance be reference. SECTION 6. This ordinance is an interim urgency ordinance and shall take effect immediately. This is an interim urgency ordinance adopted pursuant to Section 65858 of the Government Code and shall expire twenty-two months and fifteen days after the date hereof (August 22, 2017). 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 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 7th day of October, 2015. Manuel Lozano, Mayor ATTEST; Kristi Russell Chief Deputy City Clerk Urgency Ordinance -1381 Massage Establishments October 7, 2015 Page 4 ATTEST: 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 1381 was adopted as an urgency matter at a regular meeting of the City Council held October 7, 2015, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: CO'UNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Kristi Russell, Chief Deputy City Clerk ITEM NO. 17 STAFF RE PORT p,D TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Seri lysarvlua+a'f ,1 DATE: October 7, 2015 vt 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 601h Anniversary. FISCAL IMPACT The current fiscal year has bLidgeted an arnorrrr.t of $40,000 to fund the marketing campaign, promotional give - a -ways and design of the 60"' A iniversary logo. RECOMMENDATION Staff recommends the City Council: 1. Select and approve a logo for the 60th Anniversary; and 2. Direct staff to proceed with the 601h Anniversary Campaign. LEGAL REVIEW Legal review is not required. BACKGROUND At their September 2, 2015 City Council Meeting, staff presented a power point presentation of five (5) different logo designs for selection by City Council. Direction was given for consideration of two (2) logos and a hybrid of the two (2) combined. After working with Wonder Studios, the designs are ready for final selection by City Council. The three (3) final commemorative logo selection will be presented at the October 7, 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 or pronicrtional niaterials, used 1.hroughout the year. The kick off for all the sl ecial festivities will cotnmeaice in January and culminate November 2016 wi,1.h the Celebrate Baldwin Park 60"' Arniiversary Parade, All. City -sponsored events and prornotion.al material will incorporate the 60'h Anniversary 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 pins, street banners billboards along the 10 and 605 Freeways, and facility City displays. Program give -a -way items will proudly display the 60th Anniversary logo and the Pride of the Valley 5K Run will incorporate the logo into the design. Additionally, throughout the year eight O signs will be prominently placed on the main entrances to the City incorporating the 60t Anniversary logo. ALTERNATIVES Provide an alternative direction or do not select a logo and cancel all associated activities with the 60th Anniversary. ITEM NO.STAFF E ALD TO: e TO: Honorable Mayor and Members of the City Council .... r 'FROM: Manuel Carrillo Jr., Director of Recreation & Community Se . AIN" . rvr�i;Lv ��i` DATE: October 7, 2015 SUBJECT: REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT OF STUDENT MEMBERS OF RECREATION AND COMMUNITY SERVICES COMMISSION SUMMARY This report requests City Council review the submitted Student Commission application(s) and appoint the qualified individual(s) to serve on the Recreation and Community Services Commission to fill the current vacancies. FISCAL IMPACT Student Commissioners serving on the Recreation and Community Services Commission receive a stipend of $50 for each Commission meeting attended. RECOMMENDATION Staff recommends that Council review the submitted Student Commission application(s), accept nomination(s), appoint the selected individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-090, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Qualified Students From Three Baldwin Park High Schools To The Recreation & Community Services Commission Of The City Of Baldwin Park To Office Numbers 6, 7 And 8." 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 seats, Office Nos. 6, 7 and 8, of the Parks and Community Services Commission, staff advertised for the period from February 2, 2015, through April 30, 2015, and again from July 16, 2015, through August 21, 2015, seeking applications from students of Sierra Vista High School, Baldwin Park High School and North Park High School, wishing to serve on a City's 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 final deadline for submission of student applications was August 21, 2015. Student Applications from all three schools have been received and a copy of each application has been provided to the department for review and to further qualify applicants. Appointment of Commissioners October 7, 2015 Page 2 Attached hereto are the Student Commissioner applications for the Recreation and Community Services Commission, Office Nos. 6, 7 and 8. Staff respectfully request that Council review the applications and determine which of the applicants, if any, they wish to appoint to the Recreation and Community Services Commission. ALTERNATIVE Council may choose to reject all applicants and re -advertise the open seats or may choose to not fill the any or all of the open seats. ATTACHMENTS #1 — Applications from students of Sierra Vista High School, Baldwin Park High School and North Park High School to serve as Student Commissioners on the Recreation and Community Services Commission. #2 — Resolution No. 2015-090 (kar) r["AC iwa EN'S" #1 RESOLUTION NO. 2015-090 BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION APPOINTMENT OF STUDENT COMMISSIONERS RESOLUTION NO. 2015-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING QUALIFIED STUDENTS FROM THREE BALDWIN PARK HIGH SCHOOLS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 6, 7 AND 8. 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, 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 Office Numbers 6, 7 and 8 with qualified students from Sierra Vista High School, Baldwin Park High School and North Park High School; 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 student commissioners, in office numbers 6, 7 and 8, are permitted to serve a period of one year, with the term expiration date of June 30, 2016. Section 2. With the advertisement of the existing vacancies, applications were received and presented to the City Council for consideration to appoint one student from each high school to the Recreation & Community Services Commission as Student Commissioners serving in Office Numbers 6, 7 and 8. Such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: NUMBER COMMISSIONER _ _. TERM ENDING .... -- --- .... ---_ ........ - 1 J.� .� ... o ...... -- Joann Watkins incumbent) June 30, 2016 .................... 2 Saul Barrientos June 30, 2016 _ 3 Avila (incumbent) t) 0, 2016.... June 30 .. _m .... --- ..... _ 4 �Arecelia Ana Lujan Oncumbent� June 30, 2016 __ ...... 5 Brito (incumbent) _ June 30, 2016 __ _ .1 P�..� 6 .Leslie .�..a ..... , — Sierra Vista H. S. Student _- June 30, 2016 --...... 7 m®.. ....... Baldwin Park H. S. Student June 30, 2016 --...._ ............. ---..._ — 8North — . .. _ — Park H. S. Student June 30, 2016 Resolution No. 2015-090 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 7th day of October, 2015. MANUELLOZANO 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 2015-090 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 October 7, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS;. ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION STUDENT APPLICATIONS CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Name of High chool PLEASE PRINT . ... . .. .. .. ..... PERSONAL INFORMATION: [To be completed by Student) Name, , 1,V eyf -1 v Residence Aftess 4. U/Mi MMMEMEM RECEIVED MAR 2 3 2015 CITY OF BALDWIN PARK CITY CLERKS DEPARTMENT Home Phone No,, . ..... Message Phone - ----- E-mail address:_ Grade, (A - Graduation Year:. Name of Parent(s) or GuardianNi, — Student lives with: (Vf Both Parents ( ) Molher I I Father [ I Guardian Person to call In case of emergency:_1lu 1-n ........... . ......... . Phone No.,__,( Date Stu dent'skgZatu —re pare 11 1 Sigrture Student's Nanie _[ � � - Ii - - -- ------ - Name of School o, 3 'j Graduating Class of Home Address— Home Phone--- - �_)— Note to Principal: Please provide a written letter of recommendation for the above named student, Principal's Signature March 20, 2015 "Home of the Dons" 3600 North Frazier Street - Baldwin Park, CA 91706 (626) 960-7711 - Fax (626) 856-1050 To Whom It May Concern, Jackie White Principal Alma Canal Assistant Principal Eric Lopez Assistant Principal Claudia Salazar Interim Assistant Principal Doug Watt ASB Director It is a pleasure to write this letter of recommendation for Ms, Luz Mercado. Currently, Luz is the top 111h grade student at Sierra Vista High School. In addition to being a top scholar, Luz is highly involved in a variety of activities which indicate her leadership and organizational skills, She has been an officer in five clubs on campus, including our IDEAS club, which is dedicated to helping undocumented students obtain entrance to college and access to financial aid, Community involvement and assisting others have been consistent themes in Luz' academic career, She serves in the church as a catechist assistant, helps with local charities, volunteers as a tutor in the school math center, and even helps decorate floats for the Rose Parade. Luz has my most enthusiastic recommendation to be a Recreation/Community Services Student Commissioner for the City of Baldwin Park, Sincerely, .Id lkie A. White Principal BALDWIN PARK UNIFIED SCHOOL DISTRICT 611194VI;10High MOVIIs eomauttedtoth000llortootoil posolo MAN pore equal aeeouto programs and Ieella11aswllgsilt regardtoage, eolGr erood,1181102@1orer2alo odpta,Mo11dleap.roes,ro118Uporgender. PLFASF PRINT PERSONAL Name CITY OF BALDWIN PARK RECREATION I COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Name of High S hool TION [To be completed by Student) U C,os+i l ID Residence Adetress .,..... n,-U-1wf� _ ...� _.. Age Dale of Birth Social Security #,� .._ - 20 Home Phone No. .. .... Message Phone No, E-mail add Grade: 12 - Name of Parent(s) or Guardian( Student lives with: [<j Both Parents [ ] Mother r Person to call in cage of cmerl or7cy: ti x. � e �, Phone No.�. .......... s-.LA(_k, �.....r ... _ 2 10 15 . Date Graduation "year..._ o-a—.�_.......................�- ,, k ( ) Father [ ] Guardian __.. _.._..___ Student's Signature sire A/Guardlan Signatni Student's Name, Name of Schon Hork Address Home LETTER OF RECOMMENDATION III Graduating Class of 2-01 WK K(A 5 OF-) Y1 , ( - A Q 1116) Note to Principal: Please provide a written letter of recommendation for the above named student. Ij r I �nceii a Ir's Ei 19 n a t iu r e cSierrTistaSc of "Horne of the Dons" 3600 North Frazier Street - Baldwin Park, CA 91706 City Of Baldwin Park January 12, 2016 Dear Sir or Madam: (626) 960-7741 - Fax (626) 856-4050 Jackie Write Principal Alma Canal Assistant Principal Eric Lopez Assistant Principal Estlier G, Villegas Assistant Principal It's a great pleasure to write this letter of recommendation for Miss Carla Castillo as she pursues a position as Park Commissioner for the City of Baldwin Park. I have known Carla during her four years of high school, and she is a great candidate for this position. Carla is an outstanding student who is involved in a great many activities. She is president of our IDEAS Club, which works to assist undocumented students to go to college. She has organized, coordinated and implemented workshops and fundraisers for this club as well as the Philosophy Club, the Speech and Debate Club, and the Spanish Club, Carla is an Honor Roll student who does not let her busy schedule interfere with her studies, and she is highly respected by her teachers. She is fluent in English and Spanish, which makes her an asset to any community position in our city. She is kind, personable and trustworthy. Community involvement is not new to Carla, In addition to being a true community servant in her school, Carla has worked with younger students at the East Valley Boys' and Girls' Club in their after-school program and has volunteered at the Baldwin Park Teen Center. Carla is familiar with the parks of Baldwin Park and knows her community well. Miss Carla Castillo has my most enthusiastic endorsement for a Parks and Recreation Commissioner, Please contact me if you need further information, Respectfully, J ckie A, White BALDWIN PARK UNIFIED SCHOOL DISTRICT armYlsla81ghSchoollaconunluadtothepolicyWatallpeopleahallhaveeaaat&ccafaaoorogrunaandfecI11tJoWthculregardlaago,Color,a[aSCRA Ito? olhntoorigin,handloap,race, rellYlonofgoPder. KtUtIVtu MAR 12 2015 CITY OF BALDWIN PARK CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES CITY CLERKS DEPARTMENT STUDENT COMMISSION INFORMATION FORM Bail Lv1" Name of High chool PI_EARE PRINT PERSONAL INFORMATION; [To be completed �_..._.... by Student) Residence Address _ A � PAr V�-....._. aft ,..�,..�.. ..O W. ..�. Age: W......._ Date of Birth, _ ._, .. Social Security # Home Phone No.__m M`" Nr_ _ _W.._ ...... Message Phone E-mail address.,. +tm Grade: Graduation Year: U k Name of Parent(s) or Guardjan(s) _ :... � ' r .. ..._AY� CA E,( .._ y'� e Student lives with: [ JI Both Parents [ ] Mother Person to call in case of emergency:_60„ Y Phone No.: �:.._ ...:.:". Dale Appointment late: Re -Appointment Date: [ ] Father [ ] Guardian Stud ent°s Signature ParenVG clianSignature cc: [ ] Personnel Department [ ] Recreation Director [ ] Recreation Secretary 3900 North Puente Avenue Anthony M. Ippollto, Principal Baldwin Park, CA 91706 Jose Cuevas, Assistant Principal Phonet (626) 960-5431 Gayle Morganstern, Assistant Principal Faxt (626) 856-4069 Fred Swift, Assistant Principal www.bpbraves.net Holly Farrell, ASB Director March 12, 2015 City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Dear City Council Members: It is with enthusiasm to submit this letter of reference for Ms. Madeline Gutierrez who is applying for the position of Student Commissioner with the City of Baldwin Park. Presently, Madeline is in herjunior year at Baldwin Park High School. I have had the pleasure of knowing Madeline for the last 3 years in my role as Principal at Baldwin Park High School. It is my pleasure to share with you the accomplishments of Ms. Madeline Gutierrez. Madeline is a high performing student who maintains a rigorous academic schedule. She is an active participant in numerous school clubs and organizations and also gives time to her community. On an academic level, Madeline maintains a 3.97 cumulative GFA. She is enrolled in several college prep courses. Madeline is a member in various clubs and organizations: AVID Club, Key Club, Adelante Club, and she is a member of the Hippocrates Circle. Further, Madeline's volunteer experience includes: Rose Float decorating, Box for Troops, Run or Dye, care packaging, Christmas gift wrapping, and volunteers in the community Food Drive. Furthermore, Madeline is bilingual in English and Spanish, a quality that is beneficial for our community. Notably, Madeline is the recipient of several awards. She was the recipient of the distinguished Principal's Award, Achievement Award, and Brave Scholar Award, It is my pleasure to recommend Ms. Madeline Gutierrez, for your consideration as a viable candidate for the position of Student Commissioner for the City of Baldwin Park. Madeline is personable, intelligent, and a responsible young lady with excellent leadership qualities. If chosen, she will undoubtedly serve the community with pride. Sincerely, Mr, Ai6opy Ipp t :o, Principal Baldwin 111a,ek' Hi g i School (626) 960-5431 ext. 3105 (626) 705-7288 (work cell) BOARD OF EDUCATION Teresa L. Vargas, President Christina Lucero, Clerk/Vice President - Carlos Lopez, Member • Blanca Estela Ruble, Member • lack B. White, Member Dr. Paul Sevlllono, Superintendent of Schools miiiimmumuuiouiii RECEIVED PLEASE ATTACH A CITY OF BALDWI N PARK FEB ~ a 205 CI R COPY OI - A UTILITY COPY OF YOUR And 1""tw9,It11SILK ANIS APPLICATION FOR CITY COMMISSION C11")'6F6A11)yi(4pARK A CL,CITY POPAI tMINNT PHOTO ID STATEMENT OF QUALIFICATIONS _ KATION IS FOR THE FOLLOWING COMMISSION; —� tMtYbiSS i over APPLICATION S�tvde�+ Go (1 se tate a a� Jlcatlort ds tet ykeol for each cotatrrtlssiort — - ; _ ). ! PSRSONAL INFORMATION: ex n .� _ ........ Residence Address ..._._ �, . & Vii y_1?Ay k C&-,9110+ Length of time at this Address:JS VV6. E-mail address:_ �m�� _._ _----......� Home Phone No.e,e_��........._.........� _.... Cell/Message Phone No.mm¢.� Are you 18 years of age or older? NO Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? , N_O,_,._,,,.,m, If yes, name of agency and position:, _ _ EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 00 11 12 High School Graduate? St E.D.? EMPLOYMENT INFORMATION ! EXPERIENCE: 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. 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, HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? N_ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record, I certify under penaity of perjury under the laws of the State of California that the foregoing Is true and correct, Signature � w thls I_ihi - For CltV Lha Onlv Voter Registration Verification: ❑ Yes ❑ No Appointment date: „ Term expires! Date m w,. 0q No't v Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date 1tesidency verifleation: ❑ Yes ❑ No Date: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record, I certify under penaity of perjury under the laws of the State of California that the foregoing Is true and correct, Signature � w thls I_ihi - For CltV Lha Onlv Voter Registration Verification: ❑ Yes ❑ No Appointment date: „ Term expires! Namt I .�.?,.'' �.._ Commission Requested: ....mkary�Yr STATEMENT OF UAt it iCATICNS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. �qY'j�/}�''R/{ WWM..,y�.....'^.I,Cxi.1I..L-,L;7.,»,,,u.w�.,.��AAw�,..Lb�....L. C�••'1....x .......tea....__ _.....� _. � :. fr.... ..... t .. 1 z � tt 'izei .t �. f1IA- .-, � t,w r reµ zaffim A . ta+. �..__.. .. .f?"► Er�.1r Sic _.......�.. ...._.._... Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. CITY OF BALDWIN, PARK MAR 12 2015 RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION ATION FOR C11Y ()F ra L Ire I" R$< CITY CLERKS 0EPARYMf NT' r � `r�� S tr��t 11,111,11, Name ► r# �ukul PERSOWIL IWOMMMON.IT6 be completed by Student) aMe Residence Data of Birth: social Seamy _ Home Phone No ' � • � Phone Nv� � >=a. W-_ vail rnl.��.�_..�..�.�....:w C "►°'��:�� , - w t L � Name of I�rerrt(s) ar tarcgnt) + l a41'" Student lives with: [ VI Both Parents [ I Mother [ I Father [ I Guardian Porson tv vatt In oaee of arwe ._ m,,, �. Appointment R-Apjvinbn It Cow -eats: td �tum P�s!rerl �r co: [ ] Personnel I rt nait [ ] Recreation Director , [ , ] 11 "an Secrawy 13 Baldwin Park, CA 91706 Phone, (626) 960-5431 Fax: (626) 856-4069 www,bpbraves.net February 13, 2013 City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Dear City Council Members; nno Cgons, — sasaanr mnq,.1pq� Fred Swlft, Assistant Prindpal Holly Farrell, ASB Director It is with enthusiasm to submit this letter of reference for Ms. Yareli Martinez who is applying for the position of Student Commissioner with the City of Baldwin Park. Presently, Yareli is in her junior year at Baldwin Park High School. I have had the pleasure of knowing Yareli for the last 3 years in my role as Principal at Baldwin Park High School. It is my pleasure to share with you the accomplishments of Ms, Yareli Martinez. Yareli is a high performing student who maintains a rigorous academic schedule. She is an active participant in numerous school clubs and organizations and also gives time to her community. On an academic level, Yareli maintains a 4.3 cumulative GPA. She is enrolled mostly in advanced placement courses. Yareli is a member in various clubs and organizations; AVID Club, California Scholarship Federation (CSF), National Honor Society, Caf6 Culture Club, she is the editor of the Key Club Bulletin, and is the current Key Club Treasurer. Further, Yareli actively volunteers at her church, Morgan Park, and at the Baldwin Park Teen Center, She was the MAPS College Fair organizer, and volunteers as a math tutor at Baldwin Park High School. Furthermore, Yareli is bilingual in English and Spanish, a quality that is beneficial for our community. Notably, Yareli is the recipient of several awards. She was the recipient of the Brave Distinguished Scholar Award in 2012, 2013, and 2014. In addition, she was awarded the AVID Excellence Award in 2014, and was ranked in the top five of her class in the 2014. It is my pleasure to recommend Ms. Yareli Martinez, for your consideration as a viable candidate for the position of Student Commissioner for the City of Baldwin Park. Yareli is personable, intelligent, and a responsible young lady with excellent leadership qualities. If chosen, she will undoubtedly serve the community with pride. S' Corel Mr. Antlion 11.) Baldwin Par (626) 960-5,431 ext. 3105 (626) 705-7288 (work cell) "Home of the Braves" BOARD Of EDUCATION Jack it. Vw h0e, Prostdera Blanca kslo!kC Rukalsa, ftko ProsIden? Chriolno Wcaraa, M o baet° 7arrasa N. vcargsaa, Meniber Mork M, Skwarna, Svperlavlendent RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION FEB `71 2 20t A UTILITY SILL ANCI A COPY OF YOUR And CITY OF aALDW1N PARK PHOTO ID STATEMENT OF QUALIFICATIONS CITY CLERKS DEPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION:[!� \ea h corrnrr/ss/+orr _1... (`A srxrfe ,a�rf/oafftrmmis rerftrlres for - c _ .i ._ PERSONAL INFORMATION: Name. �... ��.. ..... _ ..&. �c'...... ............. ww��..._. ..... _- ....�.,.. Residence Address.w.. _-1vc._1 Length of time at this Address: E-mail address: - L e, 6,U —0 �y x Home Phone No.wr...�. .:... Cell/Message Phone hlo, Are you 18 years of age or older? o ......_.__ ....., Are you registered to vote in the City of Baldwin Park? wNwwwoww Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position:,, _. .... N. Circle Highest rade you completed: 1 2 3 4 5 6 7 8 9 10(".i) 12 Hi h 9 9 Y P , g School Graduate? � ' G.E,D ? EMPLOYMENT INFORMATION / EXPERIENCE: 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. 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. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? I 0 If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record, I certify urttler pe':alty of perjury under the laws of the State of California that the foregoing Is true and correct. -Z-"II-``- Date Sig Residency verification: ❑ Yes ❑ No Dafe:ww „wwwwww mm _ Residency verification: ❑ Yes ❑ No Date: Residenev verification: ❑ Yes ❑ No Date: ,ituse io��y_.—'— ......... Voter Registration Verification: ❑ Yes ❑ No Appointment date: Term expires: %<Y),O V'Vt Ouvv C� fo Ae,4,A cc�-A vy\ ('o WkId 15- C'N (AO Asz, Ake ., r 0 ? (yvtoy) y Att,4A, Lot'.A\ -I&kee, v Cc Q eAA� \ � k, V'A--c\ 5-1Ci- -0 (A" ccovo" CAA 6-,QmvvwlvN: (I tN e, \U- Cty V 'yv- (A �-�eg V\N � C\ N k 0 \ CA 1� esl\,v-vvv6 vll�6 , V' CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Lil, A, "�Iet"x_L Name of High School P1 FARF PRINT PERSONAL INFORMATION: [To be completed by Student) Name. Residence Age: Date of Birth: Social Security# Home Phone No. Message Phone No. E-mail address: AA Grade: --..--_.-0on Year; __� - .Graduation Name of Parent(s) or - - — --- .... _... _... _.� m__�. - Student --------------- Student lives with: [ ] Both Parents [ ] Mother IUFather [ j Guardian Person to call in case of emergency, -- Phone No,! Appointment Date:__ Re -Appointment ..... ..... ...... .... .. .... . . .... .. . cc: Personnel Department Recreation Director ] Recreation Secretary Vance Pratt, Principal Clara Evans, Assistant Principal Continuation and Alternative Education Programs 4600 North Bogart Avenue, Baldwin Park, California 91706 Phone: (626) 337-4407 Pax: (626) 856-4402 To Whom It May Concern, Anthony Grijalva, , was transferred to North Park High School during the 2014-2015 school year. That was his Junior year and I am pleased to confirm he is on track to graduate early as a Senior. He passed both parts of the California High School Exit Examination and a has a North Park GPA of 2.00. Anthony came to our school after spending grades 9-10 at Baldwin Park High School. It is my pleasure to say the transfer was a success! He has not only accelerated his credit completion rate but he has maintained an excellent attendance record while at North Park. This is a dramatic difference from when Anthony was referred to the local charter school before arriving at North Park. Anthony has a strong desire to follow a career in the music industry. He is now thinking about the future, his graduation and his career in the field he loves. Based on my experiences with Anthony I can confirm he is a dedicated student who has matured at North Park and has learned from the mistakes of the past, He is an intelligent and well spoken young man who would be an asset to any organiztion. Please give him every consideration when consdering him for the student representative postition.. I have attached an copy of his transcript. Please feel free to contact me with any further questions. Sincerely James i.."k North Park Counseling (626) 856-4494 Oworick942@bpusd.net) ITEM NO. A f TO: Honorable Mayor and City Councilmembers �, + � " FROM: Marc Castagnola, AICP, Director of Community Devc�lop� cel � � ,, ' THfE DATE: October 7, 2015 ............... SUBJECT: REQUEST BY MONTEBELLO HOUSING DEVELOPMEMT ,LILY CORPORATION FOR AN EXTENSION OF TIME TO THE CURRENT EXCLUSIVE NEGOTIATION AGREEMENT SUMMARY To consider an extension of time to a current Exclusive Negotiation Agreement (ENA) expiring on September 18, 2015 with Montebello Housing Development Corporation (MHDC).. The current ENA with MHDC is for a proposed Affordable Housing Mixed -Use development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. FISACL IMPACT There is no fiscal impact related to the consideration of an extension of time for an existing ENA. RECOMMENDATION Staff is seeking direction from the City Council to either: 1. Grant a 6 -month an extension of time, to the ENA; or, 2. Do nothing. The current ENA expired on September 18, 2015. BACGROUND On March 18, 2015, the City Council approved an Exclusive Negotiation Agreement (ENA) with Montebello Housing Development Corporation (MHDC) for an Affordable Housing Mixed Use Development project on the site currently used as the Metrolink commuter parking lot at the intersection of Badillo Street and Ramona Boulevard. The site also includes a red brick structure formerly a transfer station for the "Red Car" trolley line. 1 The 11.011_gsccl Pro��,�t.. As presented to the City Council on March 18, MHDC proposed to construct four to six detached 3 -story over garage structures with a total 24 affordable residential units of 2- and 3 -bedroom of approximately 1,200 Sf. to 1,500 S£ According to MHDC, the project would target low to moderate income homebuyer. Each unit would have a 2 -car parking garage or space with an additional 0.5 guest parking space per unit. The project would also include the renovation of the former Red Car structure. The Red Car building site would be parceled out from the residential project and would serve as either a community facility, retail or office use. MHDC would retain ownership of this parcel. 2. The ENA Status: The ENA Requirements were as follows: • Period: This ENA is for 180 days (6 months) from March 18 through September 18, 2015. • Third Party Cost: MHDC is responsible for all third party costs incurred by a third party to review and provide an Montebello ENA Compliance October 7, 2015 Page 2 assessment of the financial pro -forma. No third party cost was incurred during this period. • Bi -Monthly Reports: A total of three bi-monthly reports were due on April 10, June 10 and August 10, 2015. All bi-monthly reports were submitted on-time (See Attachment 91). 0 Alternative Project Sites: An analysis of the project feasibility on a minimum of three alternate sites was due on May 18, 2015. On May 18, MHDC submitted a Memorandum stating that three sites were evaluated, however, none were considered appropriate for development as a master planned, pedestrian -oriented mixed-use, affordable housing development with open space and public amenities. (See Attachment 92) • Financial Feasibility Prospectus: A financial pro -forma was due on June 18, 2015. Upon receipt of the financial feasibility study, staff was to forward the pro -forma to an outside third party to assess the financial feasibility of the project. On June 18, MHDC submitted a Memorandum labelled Red Car Power House Townhome (See Attachment #3). The memorandum included a cost estimate for the construction of 24 townhomes by Crane Construction. However financial information about site acquisition, renovation of the old red car building, project administration and profit, future revenues and amortization tables were missing. Therefore a third party assessment and appropriateness of the City contribution was not feasible. Staff met with MHDC on July 21 to request the information needed and MHDC stated that the financial information will be forthcoming. To date, additional financial feasibility study has not been received. o Market Feasibility Study: A Market Feasibility study was due on July 18, 2015. Included in the June 18, Memorandum previously submitted and labelled Red Car Power House Townhome; (See Attachment #3) was a general discussion of the local context. However, market data such as demographics, target tenants/buyers trends, estimated housing and commercial demand and absorption rate were missing. During the meeting with staff on July 21, MHDC also stated that the market information will be forthcoming. To date, additional market feasibility information has not been received. • Necessary Debt and Equity Financing: Information related to the amount of funds borrowed, MHDC equity and future debt service payment ability was due on August 18, 2015. On that date, MDHC submitted a Conditional Letter of Interest (LOI) from Pacific Western Bank indicating a bank interest in issuing a construction loan for 78% of the total construction cost with the land used as collateral (See Attachment #4). According to the LOI, the City land would be used as collateral and MHDC would not have equity in the project. The amount of the loan would only cover partial construction cost with a note at 5.25% interest rate and an 18 months maturity. No other financial information was provided to indicate the source of the balance of funds necessary to complete the project, what would be MHDC level of equity or MHDC long term ability to repay its debt. To date, additional debt and equity information has not been received. Is Conceptual Plans: Final conceptual plans and a final project description, including information about whether there is a mix of market rate and affordable units or a mix of retail and residential square footage was due on September 18, 2015 at the expiration date of the ENA. On that date, MHDC did not submit a Conceptual Plan for the proposed project or information related to the characteristics of the project. Montebello ENA Compliance October 7, 2015 Page 3 3, AcMttioinil Q egions; During the July 21 meeting with MHDC staff, additional questions were raised such as the future status of the former Red Car building and MHDC share of equity in the project. Under MHDC proposal, the Red Car structure would be separated from the main property onto its own legal parcel Z111(l turned over back to the City clue to the Iiigli retiovatioti cosi (no ir4'('.)rniat1oji was 1)rovidecl as to the retiovation cost). In doing so, the flItUrC I-ellOVatioll 0fSlrL1CtL11:'e WOUld become a greatcr cliallei,ige due to the building situated on a smaller parcel with reduced 1,)oteritial. The size of tile newly create(,] liar -cel would limit future commercial venture providing both a viable use and its required parking. Another question is MHDC financial plan for the project. In the information provided, the City would bear the risk of loan default by utilizing the land as collateral for the bank loan and because there is no other source of financing identified. 4. M 1-1 J.KR"c � l��I'an Exterisi011off„ rrla During the July 21 meeting, MHDC understood the additional information needed under the ENA and indicated the desire to obtain an extension of time to the ENA. The City Attorney has reviewed the prior ENA. No legal review is necessary for an extension of time. ALTERNATIVES The City Council could decide not to grant an ENA extension. Because the ENA already expired on September 18, 2015, no other action is necessary. The City Council could pursue competing projects. ATTACHMENT 1. Bi Monthly Reports: April 10, June 10, August 10, 2015 2. Alternate Site Analysis 3. Memorandum Red Car Power House Townhome 4. Pacific Western Bank Letter of Interest � �. it t i � r 4' 'QN � 1 i, I, ,� a � 7. �� ', �� ` 1 � � I � , l ,� '. Memorandum To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: - MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: April 13, 2015 Re: MHDC Bi -Monthly ENA Report MHDC met with Mayor ProTem Cruz Baca on April 2, 2015 for Baldwin Park Alternate Site Tour. Meeting attendees were: Baldwin Park Mayor ProTem Cruz Baca, Baldwin Park City Staff Member Marc Castagnola, MHDC Vice President, Jaime Legaspi, MHDC Operations Manager, Renee Chavez, MHDC Consultants, Charles Lawrence and William Warkentin, and banking partner ProAmerica Bank, Glen Pacheco. Due to Mayor ProTem's limited availability, tour was not provided. Alternate sites provided by Baldwin Park Staff Member Marc Castagnola. Addresses and APN numbers were not provided. General streets and landmarks were provided as information for review. Mr. Lawrence, Project Manager, drove by the sites as described by Mr. Castagnola. The sites, as described, are being reviewed for compatibility with project. Other compatible sites are being identified by MHDC Staff. MHDC has been in discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. Outreach plan is pending final site selection. If you have any questions, please feel free to contact me. Thankyoul To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: June 10, 2015 Re: MHDC Bi -Monthly ENA Report MHDC's Architect has put together a 3 -story design for the development in response to the concerns of Councilmember Garcia and for the Market Feasibility Study that is required under the ENA. MHDC has mailed out a survey on the project to 250 residents in Baldwin Park and is awaiting responses. Outreach plans continue to be fine tuned based on responses and conversations with community stakeholders. MHDC continues discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. They have requested a DDA in order to process letters of interest for the development. If you have any questions, please feel free to contact me. Thank you I W. =1,10.171111 MI. 0111117111-M-21 Baldwin Park Red Car Development July 8, 2015 To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: August 10, 2015 Re: MHDC Bi -Monthly ENA Report MHDC is working with its Consultants, GRC Associates, Inc. with information from Crane Development Corporation and our Architect, William Warkentin, to revise the information required for the Financial Feasibility Prospectus and Market Feasibility Study as requested by Baldwin Park Staff at our meeting on July 21, 2015 with MHDC's Development Team. MHDC has received limited responses to the survey mailed to the 250 residents in Baldwin Park. Outreach plans continue to be fine tuned based on responses and conversations with community stakeholders. MHDC continues discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. Letters of Interest are being prepared. If you have any questions, please feel free to contact me. Thank you. �� ( t 1. � � � 1�. To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: April 13, 2015 Re: ALTERNATIVE PROJECT SITES ALTERNATE SITES ANALYSIS MHDC's Project Manager conducted several drive bys in Baldwin Park to review the sites that were verbally provided by Marc Castagnola, Director of Community Development, at the meeting of May 2, 2015 pending the a written list. MHDC secured additional locations of available properties from our Title Company and performed visual inspections of several sites of sufficient size and ownership. On May 6, 2015, a written list was provided by Mr. Castagnola and was compared to the sites previously reviewed. MHDC looked for sites that where a similar project could be developed that were close to downtown, that were of sufficient size to support at least 24 units and that were in essentially residential neighborhoods in character or in designated mixed use areas. A total of ten sites were reviewed, three of which were of sufficient size to be acceptable. Subsequently, three selected sites were re-examined and researched on the LA County Assessor's data base for any additional information on the properties. The first is a group of four parcels on the east side of Pacific approximately 6 blocks from City Hall and the Metro Link station that scales off the Assessors maps at approximately 3 acres. Ownership of the parcels is unknown. Baldwin Park Red Car Project Alternative Project Sites - Page 2 The second is located on Arrow Highway between Calmview and Lante St. and is owned by the Valley County Water District. The 2.1 acre site is sufficiently large but is surrounded by heavy industry and is far from the Metro Link line. Its adjacent uses render it wholly unacceptable for residential development. The third site is located in the central commercial core and was listed a vacant parcel, when in fact it is a fully developed site with active commercial businesses that would have to be bought, vacated and demolished in order to develop as a residential project and has a land and improvements valuation of $2,797,578. For the reasons cited above, none of the sites are considered appropriate for development as a master planned, pedestrian -oriented mixed-use, affordable housing development with open space and public amenities. If you have any questions, please feel free to contact me. Thank youl �.. � I/; it f � ` I J To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: June 16, 2015 Re: MHDC Financial Feasibility Prospectus and Market Feasibility Study MHDC's Consultants, GRC Associates, Inc. with information from Crane Development Corporation and our Architect, William Warkentin, have put together both the Financial Feasibility Prospectus and the Market Feasibility Study for the Baldwin Park Red Car Development in response to the requirement of the ENA sections 3.D. and 3. E. With this submission, MHDC's next reporting will be the Bi -Monthly Report on August 10, 2015. If you have any questions, please feel free to contact me. Thank you! URBAN PLANNING Memorandum SUSTAINABLE To: Mr. Robert Monzon, Jaime Legaspi COMMUNITIES Montebello Housing Development Corporation From: Robert G. Vasquez, John Oshimo HOUSING Date: June 15, 2015 ECONOMIC Subject: Sub j Red Car Power House Townhomes — 24 Units DEVELOPMENT Baldwin Park, CA ENVIRONMENTAL Introduction The Montebello Housing Development Corporation ("MHDC") and the City of Baldwin Park entered into an Exclusive Negotiation Agreement ("ENA") regarding the 1.5 -acre site located at the intersection of Ramona Boulevard and Badillo Street ("Project"). MHDC is proposing to build 24 townhome units on the Project site. MHDC contracted with GRC Associates, Inc. ("GRC") to provide an opinion regarding the market and economic feasibility of the proposed Project. MHDC provided site plan drawings and elevations, prepared by Warkentin Architects, for review. In addition, Crane Development Corporation prepared cost estimates based on Warkentin's drawings to MHDC. 858 Oak Park Road GRC Associates, Inc. ("GRC") reviewed the information provided by MHDC, and also Identified key issues. It should be noted that this is an initial review Suite 280 and that additional information may be needed to provide a more thorough assessment of the proposed housing project. Covina, CA 91724 Project T: (626) 331-6373 The proposed project consists of 24 townhome units. There are six buildings F: (626) 331-6375 with each building having four townhome units. All units are three-bedroom, two -bathroom units. (Please see Appendix A, Figure 1, which shows the proposed site plan.) Red Car Power House Townhome Project Memorandum June 15, 2015 Page 2 The units are planned to average 1,565 square feet of living area, 596 square feet for garage space and each will have an 87 square foot deck. These unit sizes are typical for this product type. Other amenities planned include a veteran's memorial garden and adult recreation areas. The area where the red car power house is located is planned to have a plaza, small office and training room. Approximately, 1.5 acres are planned for the 24 -unit project, which averages 16 units per acre. The Project site is currently being used as a Metrolink Parking lot. Nearby uses include residential, commercial, industrial and public land uses. (Please see Appendix A, Figures 2-12, which show all of these uses nearby.) GRC reviewed the current real estate market in Baldwin Park. Based on GRC's research the following key figures were identified: • Vacant Land Sales: GRC reviewed vacant land sales in Baldwin Park over the past year. There were relatively few land sales. Most sales were residential land sales ranging from $17 to $40 per square foot. (Please see Appendix B, Table 1.) • T wnhome-Condominium Sales: GRC gathered all condominium sales within the past six months in Baldwin Park. There were 17 condominiums that sold for an average price of $318,412. (Please see Appendix B, Table 2.) • Sin Ie-Famil r Home Sales: During the past six month there have been 111 single family home sales. Out of these, 65 sales were for three-bedroom homes, which sold for an average price of $353,362. (Please see Appendix B, Table 3.) • Retail Building Sales: Per First American Title over the past year there were just three sales of retail buildings. (Please see Appendix B, Table 4.) • Industrial Building Sales: During the past year there were 22 industrial properties that sold in the City of Baldwin Park. (Please see Appendix B, Table 5.) Based on GRC's research above, the subject site would have the most success with a multi - home residential sales project. The retail sector is weak within the subject site area's neighborhood. There are no credit retail tenants within the vicinity of the Project site. The nearest retailers consist of a barber shop, auto body shop and cabinet manufacturer/sales business. And, extending industrial uses to the prime Ramona-Badillo corner would most likely not be desired by nearby residents. Red Car Power House Townhome Project Memorandum June 15, 2015 Page 3 Project costs were reviewed. (Please see the development budget prepared by Crane Development Corporation in Appendix 2 for the townhome Project on the site.) Crane's total cost figures for the project are summarized below. PrrWect Coss Cost Per unit Per 5 ,„ t.. Total Costs $7,305,832 $304,410 $122.04 (GSF) The costs are based on standard wages. If prevailing wages were to be used, costs would be significantly higher. Based on GRC's research, Crane's Project costs were reasonable. Based on the current market for townhomes in Baldwin Park, GRC estimated that the units would be able to sell at market levels for $350,000. As stated above, an average three- bedroom home has sold for approximately $318,000 during the past six months. A new, larger townhome could reasonably sell for $350,000, based on current market conditions. Total revenues are estimated at $8.4 million for the 24 -unit Project. Assuming construction costs at approximately $304,000 per unit, would result in total costs of $7.3 million. Revenues less land would result in a residual land value of $1.1 million — based on market conditions for construction and sales. (Please see Table 6.) Residual' land "value — Prevalling Wages If prevailing wages were required, Project costs could increase significantly, above market sales pricing. Crane Development Corporation estimated construction costs would be $370,000 per unit, resulting in costs well above revenues of $350,000 per unit. If prevailing wages were required, City would need to give land and also provide additional monetary subsidy. (Please see Table 7.) This scenario is highly unlikely, since most cities do not have these types of funds to provide to developers. All above scenarios assume that the townhomes are sold for $350,000. if City of funding source requires sales to be at a lower price, to accommodate a certain level of income (for example), then the land value may be less and/or additional subsidies would be needed. The analysis also assumes that City would approve the number and type of development proposed by MHDC. Red Car Power House Townhomes = GRC Associates, Inc. 1p�7"tmlj � M mg " 0 m a) 7 O Ln L a, 3L a I.I.5- m m U M Q! w L ., r • • • • • ze Appendix B Red Car Power House Townhomes Report Tables GRC Associates, Inc. June 2015 Table 1 Vacant Land Sales (Last Year) City of Baldwin Park Source: First American Title Company, May 2015 Zone Sales Lot Price Num. Address or Parcel No. Use Code Desc. Code Price Sq. Ft. Sq. Ft. Sale Date Parcel Num. 18413-013-0 Vacant Res Bpr1* 950,000 55,958 17 2/7/2014 8413-013-025 2 15110 Badillo St Vacant Res Bpr3* 17,002 9/26/2014 8438-001-019 15120 Badillo St Vacant Res Bpr3* 8.512 9/26/2014 8438-001-020 Total Lots 1,022,100 25,514 40 3 8438-015-037 Vacant Res - Bpr3* 45,733 9/26/2014 8438-015-037 14833 Pacific Ave Vacant Res Bpr3* 22,494 9/26/2014 8438-015-043 14839 Pacific Ave Vacant Res Bpr3* 48.022 9/26/2014 8438-015-047 Total Lots 30,850,000 116,249 33 4 4112 Harlan Ave Vacant Res Bpr1* 155, 000 4,938 31 9/16/2014 8546-014 1 5 3913 Stewart Ave Vacant Res B r3* 330,000 18,025 18 9/22/2014 8553-006-021 6 15250 Arrow Hwy Vacant Com Bpi* 2,375,000 91,706 26 6/26/2014 8413-006-021 7 4230 Elton St Vacant Com Bpi* 97,000 4,952 20 3/4/2014 8437-016-013 8 14614 Dalewood St Vacant Com Bpcm* 375,000 19,128 20 3/7/2014 8463-001-007 Source: First American Title Company, May 2015 Table 2 Condominium Sales Prices (Last Six Months) City of Baldwin Park Source: First American Title Company, May 2015 Bed- Bath- Sale Price Year Num. Address Rooms Rooms Pool Stories Price _ _ S 1"t q 5r � Sale Date Parcel Num. Built It 1 4340 Walnut St _ 1 _ 2� _ _ 208,000 78 2 26_.._ 66 4/21/2015 8546-025-036 / 1983 3 2 4304 Walnut St 1 _172,000 750 2299 . 11/7/2014 8546-025-066 �._-... _.. 1985 1 ... 13709 Los Angeles St .....1 2 �w Ww___mm 3 268,60 0-1, 144 2..-34 11/13/2014 8542-008-055 1981 2 Merced Ave 2 1 250,000 1,142 219 12/16/2014 8542-008-100 1981 3 4417 Merced Ave 2 1 150,000 1,142 131 3/17/2015 8542-008-103 1981 4 641 Park Shadow Ct 2 2 244,000 1,048 233 11/21/2014 8544-017-116 1985 5 441 Park Shadow Ct 2 2 249,000 872 286 4/27/2015 8544-019-062 1987 6 353 Park Shadow Ct 2 2 225,000 870 259 1/26/2015 8544-019-106 1988 7 344 Park Shadow Ct 2 2 255,000 870 293 2/26/2015 8544-019-115 1988 8 341 Park Shadow Ct 2 2 240,000 872 275 4/28/2015 8544-019-116 1988 9 366 Park Shadow Ct 2 2 265,000 872 304 1/14/2015 8544-019-120 1988 10 396 Park Shadow Ct 2 2 257,500 872 295 11/5/2014 8544-019-129 1988 11 4000 Stewart Ave 2 2 265,000 1,162 228 1/21/2015 8544-028-069 1988 12 13334 Ramona Pkwy 2 3 300,000 1,423 211 1/30/2015 8546-002-061 1981 13 13346 Ramona Pkwy 2 3 285,000 1,417 201 4/21/2015 8546-002-067 1981 14 13408 Ramona Pkwy 2 3 285,000 1,397 204 12/18/2014 8546-003-024 1981 15 13422 Francisquito Ave 2 3 275,000 963 286 4/17/2015 8551-019-051 1984 16 13525 Tracy St 2 2 255,000 1,001 255 2/20/2015 8551-020-078 1982 17 13514 Francisquito Ave 2 3 Y 260,000 1,171 222 3/11/2015 8551-020-141 1983 18 13303 Waco St 2 2 255,000 929 274 1/30/2015 8551-021-077 1985 19 13303 Waco St 2 2 235,000 965 244 12/1/2014 8551-021-126 1985 20 13303 Waco St 2 2 266,000 923 288 3/19/2015 8551-021-130 1985 21 13434 Tracy St 2 3 271,100 955 284 11/25/2014 8551-022-098 1984 22 3863 Kenmore Ave 2 3 245,000 1,107 221 4/14/2015 8552-012-067 1980 23 13974 Francisquito Ave 2 2 250,000 936 267 2/4/2015 8558-023-060 1984 1 14636 Via EI Camino 3 2 2 386,000 1,483 260 12/24/2014 8415-004-048 1986 2 1686 Puente Ave 3 2 270,000 1;195 226 2/5/2015 8463-021-039 1973 3 13415 Benbow St 3 3 385,000 1,591 242 2/20/2015 8535-013-024 1986 4 13850 Ramona Pkwy 3 3 324,000 1,478 219 1/30/2015 8544-015-031 1983 5 206 Park Shadow Ct 3 3 308,000 1,155 267 3/31/2015 8544-017-160 1987 6 4329 Center St 3 2 1 240,000 1,128 213 12/26/2014 8546-024-031 1984 7 13724 Ramona Pkwy 3 3 315,000 1,504 209 4/23/2015 8546-030-142 1982 8 3701 Summer Ln 3 3 315,000 1,293 244 4/24/2015 8551-009-077 1989 9 12828 Ramona Blvd 3 2 285,000 1,057 270 1/27/2015 8551-010-071 1983 10 13508 Francisquito Ave 3 3 297,000 1,325 224 2/23/2015 8551-020-102 1983 11 13502 Francisquito Ave 3 3 300,000 1,344 223 2/5/2015 8551-020-109 1983 12 13513 Tracy St 3 3 330,000 1,342 246 1/15/2015 8551-020-206 1984 13 13507 Tracy St 3 3 325,000 1,342 242 12/17/2014 8551-020-213 1984 14 13028 Parkview Dr 3 3 388,000 1,458 266 4/28/2015 8551-023-024 1987 15 Foster Ave 3 3 360,000 1,538 234 12/10/2014 8552-026-009 1989 16 3221 Vineland Ave 3 3 2 230,000 1,168 197 4/8/2015 8555-013-093 1984 17 1614 Via Rosa 3 3 355,000 1,606 221 3/11/2015 8558-021-026 1985 1 3618 Barnes Ave 4 3 285,000 1,441 198 4/21/2015 8551-010-194 1984 2 13362 Tracy St 4 3 465,000 2,136 218 3/13/2015 8551-021-142 1991 3 3910 Baldwin Park Blvd 4 3410,000 _ 2,030 202 1.2/2/2014 8553-013-063 2002 II Condos _ 284,52 1,204 241 � a 98"" 23 Avew"ag ? Bedroom Condos - 254,374 1,046 248 -..mm... 42,039 1984 17 Average - 3 Bedroom Condos ._ 318,412 1,353 235 42,051 1984 3 Average 4 Bedroom Condos 386,667 1,869 206 055 42, - 1992 Source: First American Title Company, May 2015 Table 3 Single-Famlly Sales Prices (Last Six Months) city of Baldwin Park Bed- Bath- Sale Price Sale Lot Year Num. Address Rooms Rooms Pool Stories Price S, _FC . Ft. Date Sq. Ft. Parcel Num.w BUIL 1 3528 Baldwin Park Blvd ......._._:.. 1 WW 1�0 380, 00 704 539.8 4/15/2015 10,248 8555-002-022 1952 2 2 3337 Mangum St 1 1 1 300,000_ 892 336.3 11/14/2014 10,328 8556.011,002 1939 1 14847 Nubia St 2 2 360,000 1,168 308 3/19/2015 5,013 8414-003-037 1960 2 4157 Walnut St 2 2 1 370,000 1,151 321 12/22/2014 5,646 8546-007-019 1909 3 4011 Harlan Ave 2 2 1 360,000 1,504 239 4/20/2015 12,158 8546-016-024 1925 4 3314 Patritti Ave 2 2 1 300,000 1,198 250 4/22/2015 5,832 8550-008-004 1952 5 13143 Emery Ave 2 2 1 300,000 1,136 264 3/4/2015 7,062 8551.003-032 1948 6 3840 Bresee Ave 2 2 1 300,000 980 306 12/30/2014 5,573 8553.005-023 1928 7 14518 California Ave 2 1 1 307,000 898 342 12/1/2014 6,768 8414-008-033 1928 8 4137 Puente Ave 2 1 289,000 936 309 11/10/2014 9,553 8437-015-009 1926 9 3834 Puente Ave 2 1 1 310,000 845 367 4/9/2015 4,658 8438-006-059 1950 10 15138 Navilla PI 2 1 1 280,000 920 304 3/23/2015 5,536 8438-008-019 1950 11 15131 Howellhurst Dr 2 1 1 310,000 812 382 12/17/2014 5,822 8438-009-052 1951 12 14139 Chilcot St 2 1 1 350,000 948 369 1/8/2015 5,285 8536-030-004 1953 13 4903 Landis Ave 2 1 1 340,000 876 388 4/29/2015 6,293 8536-021-022 1950 14 4902 Landis Ave 2 1 1 255,000 1,008 253 11/14/2014 6,233 8536-025-018 1950 15 5125 La Rica Ave 2 1 1 310,000 830 373 4/3/2015 5,305 8536-032-028 1956 16 4427 Stewart Ave 2 1 1 328,000 833 394 4/15/2015 6,082 8542-019-003 1947 17 14018 Olive St 2 1 1 266,000 720 369 3/18/2015 6,437 8543-001-004 1949 18 4420 Benham Ave 2 1 1 290,000 782 371 3/20/2015 7,225 8543-009-015 1952 19 14102 Rockenbach St 2 1 1 330,000 810 407 3/25/2015 6,796 8543-029-001 1949 20 4342 Baldwin Park Blvd 2 1 1 327,000 804 407 4/24/2015 5,3418544-013-006 1949 21 4135 Bresee Ave 2 1 1 330,000 886 372 2/20/2015 6,718 8544-036-012 1949 22 3907 Walnut St 2 1 Y 1 350,000 760 461 11/17/2014 4,525 8546-008-050 1949 23 3263 Syracuse Ave 2 1 1 349,500 1,180 296 12/10/2014 6,117 8550-007-006 1949 24 13183 Emery Ave 2 1 315,000 882 357 2/27/2015 5,707 8551 -OM -059 1958 25 3635 San Gabriel River Pkwy 2 1 1 337,000 856 394 11/19/2014 4,892 8551-011-075 1957 26 3727 Monterey Ave 2 1 1 294,000 858 343 12/17/2014 5,2018552-009-040 1959 27 14037 Rockway Dr 2 1 1 339,000 968 350 3/31/2015 5,362 8555-014-004 1957 28 3203 Feather Ave 2 1 1 315,000 856 368 11/3/2014 5,OB5 8555-015-006 1957 29 13084 Waato St 2 1 1 '310000 808 384 12/3/2014 8,739 8556-011.028 1948 1 4141 Monterey Ave 3 3 1 378,000 1,805 209 3/23/2015 9,034 8546.007-072 1978 2 4947 Downing Ave 3 2 395,000 1,487 266 3/12/2015 5,880 8414.013-079 1986 3 16016 Calle De Paseo 3 2 1 425,000 1,592 267 1/2/2015 7,590 8417-031-038 1955 4 3850 Willow Ave 3 2 1 392,000 1,485 264 1/15/2015 5,036 8438-008-041 1950 5 3752 MillburyAve 3 2 1 395,000 1,346 293 3/10/2015 6,199 8438-022-043 1951 6 14868 StockdaleSt 3 2 1 395,000 1,427 277 1/14/2015 6,683 8438-024-056 1961 7 13913 Clearcrest Dr 3 2 1 340,000 1,511 -225 4/29/2015 5,323 8535-003-010 1955 8 5009 Bresee Ave 3 2 1 375,000 1,216 308 4/22/2015 7,189 8535-004-033 1963 9 13440 BenbowSt 3 2 1 347,000 1,458 238 3/19/2015 7,112 8535-015-037 1960 10 4413 Hornbrook Ave 3 2 Y 1 439,000 1,590 276 4/9/2015 6,557 8535-019-002 1951 11 4908 Benham Ave 3 2 1 345,000 1,040 332 12/31/2014 6,904 8536-003-039 1962 12 5035 WimmerAve 3 2 1 402,000 1,246 323 3/16/2015 7,157 8536-018-049 1949 13 13681 Benwood St 3 2 1 370,000 1,303 284 12/23/2014 6,102 8542-001-001 1967 14 4768 Bresee Ave 3 2 1 360,000 1,364 264 12/11/2014 5,024 8542-015-023 1964 15 14052 Rockenbach St 3 2 Y 1 345,000 1,407 245 3/3/2015 6,647 8543-008-026 1947 16 4231 Jerry Ave 3 2 y 1 222,000 1,343 165 1/29/2015 7,333 8544-002-018 1947 17 14152 Los Angeles St 3 2 1 245,000 1,272 193 4/14/2015 6,315 8544-011-019 1951 18 13830 Elwyn Dr 3 2 1 400,000 1,284 312 3/13/2015 7,636 8544-032-022 1977 19 4003 Jerry Ave 3 2 1 425,000 1,603 265 1/30/2015 6,993 8544-032-061 1957 20 13753 Ramona Pkwy 3 2 310,000 1,290 240 12/12/2014 5,162 8546-004-123 1997 21 4137 Grace Ave 3 2 1 399,000 1,286 310 1/13/2015 5,097 8546-012-056 1964 22 12745 Finchley St 3 2 1 405,000 1,368 296 3/9/2015 5,862 8550-014-031 1964 23 3412 San Gabriel River Pkwy 3 2 1 375,000 1,250 300 4/2/2015 5,514 8551-013-055 1950 24 13302 Corak St 3 2 1 330,000 1,110 297 11/13/2014 4,829 8552-006-042 1959 25 3749 Grace Ave 3 2 1 364,000 1,520 239 12/12/2014 5,489 8552-008-039 1961 26 13725 Monterey Ave 3 2 410,000 1,285 319 12/24/2014 48,080 8552-018-058 1991 27 13516 Frazier St 3 2 1 380,000 1,507 252 1/21/2015 8,955 8552-021-022 1954 28 13432 Rockway Dr 3 2 1 405,000 1,733 234 12/1/2014 6,121 8552-024-001 1964 Table 3 Single -Family Sales Prices (Last Six Months) City of Baldwin Park Bed- Bath- Sale Price Sale Lot Year Num. Address jjoom5 Roonis Pool RW4s Price Sri. Ft,. Sq, 1. 22 Pate 5q. FC ...Pl Num � Built . ......... 29 13600 Rockway Dr 3 2 1 165,000 1,365 27 3/9/2015 5,163 8552-024-017 1961 30 4002 Stichman Ave 3 2 1 391,000 1,365 2866 4/24/2015 5,185 8554arce-006-011 1961 31 3515 Maine Ave 3 2 1 315,000 1,186 266 2/5/2015 11,215 8555-001-029 1943 32 3108 Paddy Ln 3 2 1 275,000 1,304 211 12/24/2014 5,190 8555-007-002 1961 33 3134 Paddy Ln 3 2 1 375,000 1,541 243 4/1/2015 5,418 8555-007-007 1961 34 3148 Stichman Ave 3 2 2 360,000 1,344 268 4/3/2015 4,926 8555-020-017 1963 35 3227 Stichman Ave 3 2 1 376,000 1,353 278 1/29/2015 4,982 8555-021-017 1961 36 5001 Bleecker St 3 1 1 315,000 1,028 306 12/3/2014 5,576 8414-005-036 1950 37 4842 Bleecker St 3 1 1 345,000 1,018 339 11/18/2014 6,528 8414-019-044 1959 38 3858 Puente Ave 3 1 1 335,000 1,085 309 4/16/2015 5,397 8438-006-039 1950 39 15116 Howellhurst Dr 3 1 1 305,500 1,372 223 12/23/2014 5,512 8438-011-053 1951 40 3628 Millbury Ave 3 1 1 349,000 1,016 344 3120/2015 5,411 8438-020-033 1958 41 3746 MillburyAve 3 1 1 330,000 923 358 12/24/2014 7,050 8438-022-044 1951 42 5039 Stewart Ave 3 1 1 342,000 940 364 12/10/2014 5,208 8535-004-001 1955 43 4753 Merced Ave 3 1 1 320,000 1,025 312 4/7/2015 5,620 8542-005-020 1977 44 14023 Ohio St 3 1 1 390,000 1,174 332 12/15/2014 7,314 8543-007-005 1947 45 14136 Ohio St 3 1 1 378,000 1,014 373 3/26/2015 6,545 8543-011-008 1949 46 14112 Benbow St 3 1 1 370,000 1,272 291 11/25/2014 5,673 8543-012-016 1950 47 4337 Jerry Ave 3 1 1 350,000 1,053 332 3/12/2015 7,233 8544-001-018 1947 49 4340 Bresee Ave 3 1 1 263,000 1,163 226 3/10/2015 7,326 8544-005-007 1947 49 4212 Benham Ave 3 1 1 110,000 982 112 1/23/2015 5,632 8544-010-010 1951 50 14311 Clark St 3 1 1 430,000 1,028 418 11/12/2014 10,754 8544-016-033 1952 51 4035 Harlan Ave 3 1 1 320,000 1,008 317 11/24/2014 7,534 8546-017-054 1949 52 4362 HornbrookAve 3 1 1 360,000 1,280 281 3/2/2015 8,550 8546-020-011 1955 53 4250 Filhurst Ave 3 1 1 414,000 1,372 302 11/19/2014 7,234 8546-023-004 1947 54 13527 Palm Ave 3 1 1 350,000 1,402 250 1/2/2015 8,963 8546-023-032 1962 55 12712 Torch St 3 1 1 335,000 810 414 4/21/2015 5,042 8550-005-015 1954 56 3449 Syracuse Ave 3 1 1 350,000 1,352 259 4/1012015 8,472 8550-008-024 1949 57 3524 Patritti Ave 3 1 1 340,000 1,005 338 3/26/2015 5,799 8550-009-011 1953 58 3516 Athol St 3 1 1 323,000 1,239 261 11/14/2014 9,974 8551-004-019 1948 59 3732 Paddy Ln 3 1 1 352,500 995 354 12/9/2014 5,672 8553-020-019 1951 60 4003 Vineland Ave 3 1 1 320,000 1,351 237 2/6/2015 6,438 8554-004-009 1946 61 14228 Cedarwood Ave 3 1 1 375,000 1,111 338 2/9/2015 5,223 8554-020-014 1954 62 14235 Ceclarwood Ave 3 1 1 360,000 1,111 324 1J28/2015 5,083 8554-020-018 1954 63 3288 Cosbey Ave 3 1 1 315,000 936 337 11/26/2014 6,149 8556-008-001 1953 64 12910 Ledford St 3 1 y 1 332,000 960 346 12/29/2014 5,191 8564-016-040 1962 65 12717 Hensel St 3 1 1 359,500 1,245 289 4/10/2015 5,069 8564-020-007 . ...... . 1955 ......... ..... .. __"" . 1 4611 Kenmore Ave ..... 4 . 3 448,000 2,593 173 12/26/2014 6,632 8542-007:646 1990 2 13914 Benbow St 4 3 1 500,000 2,840 176 12/9/2014 6,887 8542-017-028 2007 3 13429 Valle Vista Ave 4 3 1 390,000 1,608 243 11/12/2014 5,705 8546-015-017 1934 4 13618 Elwyn Dr 4 3 2 458,500 2,367 194 2/27/2015 6,143 8546-028-030 1979 5 14612 Los Angeles St 4 2 1 450,000 1,883 239 2/12/2015 12,388 8437-008-004 1926 6 4018 Big Dalton Ave 4 2 1 335,000 1,111 302 11/26/2014 6,891 8438-003-041 1954 7 14902 Dexter St 4 2 1 275,000 1,111 248 2/12/2015 5,833 8438-004-043 1954 8 4647 Jerry Ave 4 2 1 325,000 1,328 245 2/6/2015 8,521 8542-010-032 1974 9 4643 Jerry Ave 4 2 1 161,500 1,328 122 3/25/2015 2,526 8542-010-033 1974 10 4130 Grace Ave 4 2 1 405,000 1,236 329 12/5/2014 5,217 8546-011-041 1964 11 12702 Royston St 4 2 1 340,000 1,195 285 11/14/2014 5,328 8550-013-028 1955 12 13811 Kenmore Ave 4 2 2 470,000 1,856 253 4/17/2015 10,634 8552-017-055 1926 13 3662 Vineland Ave 4 2 396,000 1,280 309 4/15/20.15 9,793 8554-016-032 1961 14 3376 1 355 �,5422�30..__ �/9/2015_.5,011 8555-010-010 1961 1 12716 Blenheim St 3 1. 362,000 2,322 156 3113/2015 5,91,5 8550-011-028 1954 III Average -All Homes 347216 1,228 298 42,038 6,955 erne - 2 Bedroom 29 OTT) Homes �7,�SL_938 3�17 42,211 6,740 1947 ...... iF__,�v 353162 3,259 28 ,15 42,03,8 7,093--. 1957 14 AVP! 202 - dr�orn Homes ......... . . 19 _61 Source- First American Title Company, May 2015 Table 4 Retail Building Sales (Last Year) City of Baldwin Park Source: First American Title Company, May 2015 Sale Price Lot Num. Address_ Use Price Sq. Ft. Sq. Ft. Sq. Ft. Sale Date Parcel Num. Year Built 1 4753 Maine Ave Stores, Retail Outlet 650,000 8,084 80 14,576 9/30/2014 8543-019-034 1950 2 14121 Ramona Blvd Stores, Retail Outlet 1,963,000 17,000 115 13,322 7/31/2014 8544-023-043 1961 3 13423 Garvey Ave Stores, Retail Outlet 408,000 2,304 177 10,707 2/6/2015 8556-018-019 1964 Source: First American Title Company, May 2015 a to to r� r� r. wo to .i 0 a1 m rt w n n r- oO 00 0o N rn P, n 0o 00 00 00 00 rn rn m oo m n to 00 00 00 00 00 00 L ro a " n m n 00 n 00 n N 00 O ei N ri rl ri r1 N m an t0 .-I w0 N N n M m m st r -I H r1 11 H m 00 N d O O O O T-4ri i Z o 0 0 999999999999 Q R 4 4 4 0 '... rl W O N N N ri a -I M m M �n M M al e -I rl rl rl A O O ei a q 0 0 0 ri ri N N N ty N N N N N N N N N av,CD C 09999999999999499 a a .`-I m m m m m m m m m m m Iw w to to 000 0 -*0 0v.o amo 0ar,0 o`n0 0`no Oho omo omo 4M0 omo omo o`no 0t^0 ONO Ow^0 om0 amo Deo omo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 4' « " " rN NN I m m wD M to to N N N N tD a1 14T Ol M 01 M m 4 4 o0 00 to o0 .� rl \ N N N \ \ N \ \ O N N M M M M \ I \ \ \ \ \ 00 M N 00 N [f 01 M O q-zr V1 M e 4 1-4 M r` O 00 a+ M w0 VI 01 r\ n w0 n U, NA M w0 A to r+ O w0 a0 -;rO d! 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Ol N 0 O M -4 N N M m M' M al rl rl rl rl N N N N m' ICIP N N N N a OO s a a ab a m a a a a a nO a ou a a a a a Oa Oa Oom OO m OO OO Oa m m Oa m mm m m m m m m �u m m ro m m m L L L L. L L L L L L L L L L L L ro Y Y iO+ i0� 1Od M N N iO+ Y N O Y Y Y In u1 N V) to L N 4" to m m N � N V) Ln rn H to to '.... O 1a/1 7 7 h Val Val tall 1a/1 1x11 tall N loll tall loll la/1 tall N N O O C C O O O C O C O O O O L O 0 0 0 0 0 0 m mm d0 m m m m m a m m ro copa m m m Al m m Al 3 3 5 N 3 3 3 :t33 s 3 3 3 3 3 3 3 3 3 3 3 >> Ml CCC ; a w 10 oC y, ++ a+ a a a 0 a 0 0 Q a a a a a ` V) to to > > 4. 11.. 4- 4- 4- 1,.. a Q u v v c c �, c ¢ m m m m ro m X 2 C C m -11 y m m m L rn s Q a a a a a a 3 O O L m L L uJ O O O �` �. L ul N Oa O E 0a to Y bD •� a C t° v im >> c>> 2 r m Q Q Q Q R m U R R m J J to J Ur > U u U U U U on 00 ''................ O `^0ooo00rv � Q oorirLnmLnno^uiw,�H -1 m in oNN to �nwrni N Ow etOov 0v Mtn MNNT-0v�vQ " e-1 ri a rl N M d Ln w0 r` 00 m O ei N M 1- 3 V1 O n o0 a1 co ri N ei a -i e-1 Hrl -1 ri rl rl H N N N Table 6 Project Summary Red Car Power House - Housing Project Montebello Housing Development Corporation Source: GRC Associates, Inc., June 2015 Per Unit Total Estimate Revenues: Townhomes 24 $ 350,000 $ 8,400,000 ........ Estimated Direct Costs: Residential 1565 sq. ft. 140 sq. ft. $ 219,100 Garage 596 sq. ft. 45 sq. ft. 26,820 Decks 87 sq. ft. 30 sq. ft. __„m2,610 Total Estimated Direct Costs 248,530 Indirect Costs 10% 24,853 Total Estimated Direct and Indirect Costs 273,383 Estimated Developer Profit: 10% 27,338 Total Estimated Construction Costs and Profit $ 300,721 1 $ 7,217,311 Estimated! Direct Costs: Residual Land Value - Per Unit (Revenues - Costs) $ 49,279 Residual Land Value - Total$ 1,182,689 Source: GRC Associates, Inc., June 2015 Table Project Sumnnmapy—VVithPrevailing Wages Red CarPonxerHmuya-HmusingProject Montebello Housing Development Corporation Source: GRCAssociates, |nc..June 2015 Per Unit Total Estimate Revenues: Townhomes 24 350,000 8,400,000 Estimated Direct Costs, Residential 1565 sq. ft. 175 sq. ft. 273,875 Garage 596 sq. ft. 54 sq, ft. 32,184 Total Estimated Direct Costs 309,191 Indirect Costs 10% 30,919 Total Estimated Direct and Indirect Costs 340 110 Total Estimated Construction Costs and Profit 374,121 1$ 8,978,907 Estimated Direct Costs: Residual Land Value - Per Unit (Revenues - Costs) (24,121) Residual Land Value - Total $ (578,907) Source: GRCAssociates, |nc..June 2015 Red Car Power House — Preliminary Budget — Standard Wages Construction Costs ------------------------- ca 0x -,a U. m4d) o O C] 0 O O Ca 0 C,1 O 0 "tLwW OC,o0 Ca kCJS 4:.�9:S 4 a0 0n9D0 0.� ,0 r p\ as t n, u: Foc70of�oaa'cpoco a arI 0 0 0 0 0 0 0 'F 0 V4 O O O rm O O 0 0 b '!^r M MOOOO`0000.0 C3 0,,,,.00 O GF ti"ri M.3 C:] O.h m, m Dm O V Q ocOOPm O LLL C� Nm OO ❑ en fm 'in E c �V f0 pa c C ayy t .. m a 4 U ® O } 7 o ai Lm m LLawy � � 7 ®W n e�n�org �gLLUL)U) nw =® tai,tientn c� �, NU `m �C9J�zwen mW.F mas 'A,9� o oNB LL § E9�� el m n. h F- IL F" C'1 U h h eq -LLen F- F- J h h F- at ®may Ery�r'�1.-�O a�oaa re°io E ro 12 o m m y C d U mJ .0 V) L m c m c�bu�iuLLi r b O9'm'a ae"n w .u�`o`ai9nv z � L: I, ®o EE�o8 C7 w� yv u 5 c .nn zzz c U�"LL c mc�®;OoEE2gj§1562 �'vm9� A Q 3 � 0 a o 0 o m O y 5 6 v 0 ❑8(LCLM 1ZZF-hF-Um6-Q W J W p - w I I I in 94 co o o Ck n o Cl) Lo m -- ....-- C) 00 Cb 0. in co O ql Q o m a Cq o 0 0 o D o o m it r 10 r- C! to et 0 o o C3 0 o 0 m o J3 U. 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G. Chavez, Operations Manager Date: August 17, 2015 Re: MHDC Necessary Debt and Equity Financing Request for additional time for reports Attached please find the letter of interest from one of our banking partners, Pacific Western Bank. We requested the letter based on the costs of construction originally provided by Crane Development Corporation, our consultants. MHDC continues to work with our consultants to revise Financial Feasibility Prospectus and Market Feasibility Study as requested by Baldwin Park Staff. However, due to the extent of the request, MHDC's development team is requesting additional time to submit the reports and the opportunity to revise the Letter of Interest from our lending partners if the project costs change significantly. MHDC's Development Team expects all items to be completed on or before December 15, 2015. Thank you I August 17, 2015 MHDC 1619 Paramount Blvd. Montebello, CA 90640 Conditional Letter of Interest On behalf of Pacific Western Bank, (Bank), I am pleased to issue this letter as an expression of our interest in fornuilating a loan facility for you. This letter is intended to outline some general terms of seructure and pricing. In no Way should this letter be misconstrued as a commitment, a contract, an o1Ter to enter into a contract, nor guaranty from the Bank, all of which would entail greater due diligence than we have conducted to date. Any actual loan terms that could be offered would be filly described in the Bank's loan documents, not in this letter. For the purposes of discussion, the Bank might consider the following; Type of Facility: Construction Loan — Mixed Use / 24 Townhon►e Units to be sold will► a preference to First Time Homebuyer Veterans of low to moderate income. Amount: $7,620,000 Collateral; First TD — 1,5 Acre Site located at the intersection of Ramona Blvd. and Badillo Sheet, Baldwin Park, CA 91706 Maturity: 18 Months Interest Rate: PWB Base Rate (4.0%) + 1.0%,5,25% floor Fees: 1 Point Origination Fee, $1,500 doe prep, title, apprapsal Guarantors: No personal guarantees. Completion guarantees to be negotiated, Credit Agreement: Interest only monthly from interest reserve; principal. at maturity, 2) Finds to be disbursed and inspected through third party fund control 3) No work to begin prior to recordation of construction deed of trust. 4) Work to begin within 45 flays of recordation of construction deed of trust. 5) Release prices 100% of net sales ptbeeeds, minimum release prices will be determined based on the appraised value of individual buildings 6) Final loan amount will be determined based on the lesser of the following: a) 78% Loan to Cost, or b) 78% Loan to Value (*A'OTE: The LTC cnlcilladon assaittes thal die final appraised value for the land cautribtited is at or above the staler/ cost) 7) Additional cash equity may be required based on appraised value of land, The above is intended to outline a structure, designed to accommodate your financing requirements: We would meed to complete 0111• due diligence work bt ta7a°C; making tiny decision. If the above is of interest to you, please sip at this letter and return with a check in the amount of $6„500 for an appraisal deposit. if Nye have not heard ti°om you within 10 days of the date of this letter, Nye will consider your request withdrawn. We appreciate the opportunity to consider your request. Should you have any questions, please contact the undersigned at (714) 674-5362. H:UNPR®CE&MHDC•Baldrrin ParktExpression of Interest Letter 8.14,15,doo 130 S State College BoulLvax-d, Bina, CA 92821. Phone: 714-989-4000 Fax: 714-948-8882 `vtvsv.pacific`vesteriibank.cone silwactly, Facil"ic Westem Bank K By L S- iclsoll Vice President Accepted: HAINPROCE&WHI)C-BaldNin PsriilExpresslon of Interest Letter 8.14A5,doc Date: