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Home My WebLink About2017 03 15NOTICE AND CALL OF A SPECIAL TI G OF THE CITY COUNCIL, TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MARCH 15, 2017 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: March 9, 2017 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on March 9, 2017. Alejandra Avila City Clerk AGENDA CITY COUNCIL, SPECIAL, E I G CPle�aseA CH 15,2017 5:30 PM CITY HALL - 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tem Cruz Baca - Council member Monica Garcia - Council member Ricardo Pacheco - Council member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERSDURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda, but only on any matter posted on this agenda. 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 solamente sobre asunto publicado en esta agenda. 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 cads persona se le permite hablar por tres (3) minutos Hay un rnta!p para su conveniencia, CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio, and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sero 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 S1 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 §54954.2] OPEN SESSION/STUDY SESSION 1. CITY POLICY City Policy Study Session by City Attorney Robert N. Tafoya. 2. VACANT AND ABANDONED PROPERTY REGISTRATION PROGRAM Presentation on Vacant and Abandoned Property Registration Program RECESS TO CLOSED SESSION 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, et al. Case No. BS163400 Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Police Chief Community Development Director Public Works Director 5. 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) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATIO I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on March 9, 2017. u + ,l 4P '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, 2"d 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 Cleric at (626) 960-4011 ext. 466 or a -mail ,ay. ila,( I Ar . 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 ll) AGENDA BALDWIN PARKCITY COUNCIL REGULAR MEETING MARCH 15, 2017 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrJ hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. of bfif ; (r"r'%'1'rd [o'f'w ".g("-.?F"u�hl dtor)I fr'Ian'r"clo `� s�o'n f'0 e9 i'C"i�f, lr P'Ie7 ";^;t�(� doh'A�i��°�° by cf)r,tpoil 'hat ,lx to f "dy th;'m Z;? hourprior to be %'al ("ity 1 rill! riJ tfi(; ("'Itof 1,14('1t,f 1 �"e�df; ,"` "(`r1uol' ,jiff 1 ;!oof i 1ai71 Y.� ?o0)Hours' x'1'1 o (;frly icy 730 {0 1'o' 6 09 1? ro ) _ �................. ........ �� m . ._...... ........ CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano, REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to retiring California Highway Patrol Captain Steve Urrea, and introduction of the new California Highway Patrol Captain Greg Hammond • Presentation by San Gabriel Valley Bike club on upcoming events, the benefits of bicycle riding and bicycle safety PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. EI cuerpo legislative 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 Gobiemo §54954.2] 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. TREASURER'S REPORT — JANUARY 2017 Staff recommends that Council receive and file the Treasurer's Report: 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): Osorio, Bertha Claimant alleges damage to her tire after striking a pothole on Ramona Boulevard. 4. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meetings held on October 5, 2016. B. Meeting Minutes of the Finance Authority, Housing Authority, Special and Regular Meetings held on October 19, 2016. C. Meeting Minutes of the Regular City Council Meetings held on November 2, 2016. 5. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES Staff recommends that Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Canon copy machines. 6. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0151 — WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE II It is recommended that the Council: 1. Accept the construction Improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and, 2. Authorize payment of $47,525.95 (5%) construction retention funds to Lucas Builders, Inc. upon expiration of the 35 -day lien period. City Council Agenda Page 3 7. APPROVE RESOLUTION NO. 2017-175 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018 Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-175, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the Fy2017-18 Levy of Annual Assessments for the City Of Baldwin Landscaping and Lighting Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." 8. APPROVE RESOLUTION NO. 2017-176 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018 Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-176, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the FY2017-18 Levy of Annual Assessments for the City of Baldwin Park Parks Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." 9. CONSIDERATION TO AMEND CONTRACT HOURLY COMPENSATION RATE TO SOUTHLAND TRANSIT, INC., DUE TO INCREASES IN MINIMUM WAGE LABOR RATES Staff recommends that Council: 1. Authorize the Mayor to sign the attached contract Amendment #1 to increase Southland Transit, Inc. (STI), hourly compensation rates as shown in the table; 2. Authorize the Interim Director of Public Works to appropriate funds to cover the increase in costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments at the approved hourly compensation rate. 10. REQUEST FOR AN APPROPRIATION IN THE AMOUNT OF $55,808.18 FOR DEPOSIT OF COST SHARING FUNDS FOR THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) IMPLEMENTATION PER THE UPPER SAN GABRIEL RIVER WATERSHED CITY -LA COUNTY MEMORANDUM OF UNDERSTANDING (MOU) Staff recommends that Council: 1. Approve an appropriation of $55,808.18 for the City's Cost share per Memorandum of Understanding (MOU) between the Los Angeles Flood Control District, the County of Los Angeles and the Cities of Baldwin Park, Covina, Glendora, Industry, South EI Monte and La Puente for the cost sharing for the City Council Agenda Page 4 implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed; and 2. Authorize the Director of Finance to appropriate additional funds to cover the payment. PUBLIC HEARING 11. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, CONDUCT THE FIRST READING OF ORDINANCE NO. 1397 AMENDING CITY OF BALDWIN PARK'S ZONING ORDINANCE SUBSECTION 153.170 ET SEQ Staff recommends that Council conduct a public hearing and, following the public hearing, waive further reading and adopt by title only, for the first reading of Ordinance No. 1397, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE, SUBCHAPTER 153.170 —SIGN REGULATIONS." REPORTS OF OFFICERS 12. FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends that Council approve the allocations for the FY 2017-2018 CDBG public service programs by selecting one of the following options: OPTION 1: Approve the CDBG Advisory Committee's recommendations for funding; or OPTION 2: Revise allocations as the City Council deems appropriate. 13. CITY OF BALDWIN PARK FISCAL YEAR 2016-17 STREET REHABILITATION PROGRAM UPDATE Staff recommends that Council consider and discuss the proposed street rehabilitation projects for FY 2016-17 and provide staff with direction, and receive and file the report. 14. CONSIDERATION OF A CONTRACT WITH NATIONWIDE COST RECOVERY SERVICE FOR THE IDENTIFICATION AND COLLECTION OF FINES ON FORECLOSED PROPERTIES THROUGHOUT THE CITY Staff recommends that Council give further direction as to how the city manages and maintains the Vacant Land and Abandoned Property Registration Program. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS City Council Agenda Page 5 ADJOURNMENT CERTIFICATION I, 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 not less than 72 hours prior to the meeting. Dated this 9t" day of March, 2 1 7 l� W- Aleandra Avila Citv Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at «a„vuIqbaYdvrirrBark In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 +-STAFFREPORT ° ,1-1U of THE , .VALLEY wten moop TO: FROM: DATE: ITEM NO. Honorable Mayor and City Councilmembers Rose Tam, Director of Finance March 15, 2017 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council,. FISCAL IMPACT The payroll for the last period was $397,814.82 and the attached General Warrants Register were $684,742.28 for a total amount of $1,082,557.10. 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 does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consist of check numbers 198518 to 198545. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 254303 to 254565 for the period of February 12, 2017 through February 25, 2017, inclusive; these are presented and hereby ratified in the amount of $397,814.82. 2. General Warrants, including check numbers 213947 to 214051, in the total amount of $684,742.28 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. W. U) 0 0 0 0 rl!) v 0 0 0 0 0 0 z z � z z � z z z H m E, u rj) 04 H H Ef El EI H p Hp E-4 p Q 0�D Q x Q r:) U Q�D 0 0 0 0 0 0 0 0 0 0 0 0 0 1-4 CD CD CD (D CD N d, CD C19 Q 4L9 I C^. CD C) Nm r- Ln df L2 -q ICD ID N r- 0', m CD 'A li -4 N w r - co 'A 14 110 1 r- m OD m 14 r- co n 00 Cq cq C) 0 1 w rel m m m m Ln 1 10 CD N r., w m m wr- -A -I OD lw m H n 1-41- 1 C - r.- r.,. 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Vp -U)- KZP Im. w -ml 11 vk M tr m �D U) U) (a 0 I. 0 11 I. 0 k.n wr- 00 CY) (D -A 0 14, I'll Ln U) EH a 0 CD C, CD CD aCD CD CD H 0 xt Kv 1-4 -A r) cq cq N N (N N cq C14 CN 0 W El N4 El 0 0 V-4 0 -4 -1 0El 04 W 0 E, ITEM NO. A STAFF REPORT LID TO: Honorable Mayor and City Councilmembers �o d FROM: Rose Tam, Director of Finance SAN DATE: March 15, 2017 ,,oaa� SUBJECT: TREASURER'S REPORT — JANUARY 2017 JANO SUMMARY Attached is the Treasurer's Report for the month of January 2017. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2017, BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. INVESTMENT State of California Local Agency Investment Fund City Housing Authority Certificate of Deposit Capital One Bank USA NATL ASSN Wells Fargo Bank NA SIOUX Falls JP Morgan Chase Bank NA Columbus Ally Bank Midvale CTF DEP ACT/365 CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2017 INTEREST PURCHASE MATURITY RATE DATEDATE CURRENT 0.75% Varies Varies 0.75% Varies Varies 1.15% 9/14/2016 9/14/2018 1.15% 9/14/2016 9/14/2018 1.15% 9/16/2016 9/16/2018 1.15% 9/17/2016 9/17/2018 Fiscal Agent Funds - City Varies Varies Varies 2,617,690.82 2,617,690.82 2,617,690.82 2,617,690.82 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,097,181.40 3,097,181.40 ESTIMATED PAR CURRENT BOOK 11 VALUE PRINCIPAL VALUE VALIIE $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 13,171.30 13,171.30 13,171.30 13 ,171.30 15,366,612.i2 15,306,012.12 15,306,012.12 15, 306,012.12 245,000.00 245,000.00 245,000.00 243,828.90 245,000.00 245,000.00 245,000.00 243,860.75 245,000.00 245,000.00 245,000.00 243,855.85 245,000.00 245,000.00 245,000.00 243,811.75 980,000.00 mm980,000.00 980,000.00 975,357.25 Fiscal Agent Funds - City Varies Varies Varies 2,617,690.82 2,617,690.82 2,617,690.82 2,617,690.82 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,097,181.40 3,097,181.40 3,097,181.40 3,097,181.40 $ ....�......22 000 884,34 $ 22,000,884 34 5,714,872.22 $ 21299 6,241.59 Total Investments $ 22,000,884.34 Cash City Checking 6,552,652.91 Money Market Plus 9,020,373.09 City Miscellaneous Cash 47,109.73 Successor Agency 1,437,393.65 Housing Authority 109,056.18 Financing Authority 0.00 Investment Brokerage 1,183.82 Total Cash 17,167,769.38 Total Cash and Investments $ 39,168,653.72 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of January 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. STAFF REPORT LD TO: Honorable Mayor and City Councilmembers HUB or FROM: Shannon Yauchzee, Chief Executive Officer T H SAN 6A 41 JAWBRIE M � DATE: March 15, 2017 v�. ALEY �� 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 Fiscal impact is unknown at this time. RECOMMENDATION Staff recommends that City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant(s): Osorio, Bertha Claimant alleges damage to her tire after striking a pothole on Ramona Boulevard. 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 There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 5, 2016, 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 7:15 p.m INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of closed session that, by a vote of 4 — 0, Council has directed the Chief Executive Officer to hire a consultant for assistance in hiring a new Chief of Police. ANNOUNCEMENTS Mayor Lozano asked that the meeting be closed in memory of Blas Ulyses Ortegan. Council member Rubio thanked Maria Heggins and her husband for putting together the "Cancer Awareness" event, noting that it went very well; noted that the Police Officers Association (POA) would be hosting a Halloween event on October 27th and invited the community to participate. Council member Baca also commented on the cancer event and asked the Chief Executive Officer whether a proclamation will be presented at a future meeting; mentioned that the POA will also be hosting the "Coffee with the Cops" on October 7th at the Starbucks Coffee Shop at Francisquito and Baldwin Park Boulevard. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming October as Domestic Violence Month. Mayor Pro Tem Garcia presented the Proclamation to Cynthia Valdez, thanking her for her dedication and declaring October 2016 as Domestic Violence Month. • Presentation on Medical Marijuana businesses and related issues. This presentation was postponed because the presenter was not at the meeting. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:28 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Keri Woods, Baldwin Park resident, opined that the consultant is a liar and that his paperwork is fabricated; asked why members of Council are degrading those who had previously ran for office and lost; opined that ROEM is "raising their head" again, asserted that the ROEM agreement provides that no property tax will be due until they make a profit on the project but as a non-profit this is an oxymoron. Arturo Luna, Baldwin Park resident, commented on the Special Meeting held earlier this evening; complained that roll call for the meeting was started late; asked how much the City received for the ROEM projects; inquired as to why projects are done in phases. LuA Figs, Baldwin Park resident, commented on exceptionally high approval threshold for contracts, noting that Baldwin Park is the only City that has such a high threshold; opined that executive management are puppets for Council; asserted that Council has no shame but that the citizens are proud to be residents of Baldwin Park. ( ct Tuttle, Baldwin Park business owner, expressed appreciation for the Council's decision to hire a consulting service to assist with the Chief of Police recruitment; commented on stories about Sid Mousavi, providing handouts to Council; commented on political contributions made by Mr. Mousavi to Executive and Council members; narrated various documents pertaining to Vijay Singhal. Mar Terra ossa„ Baldwin Park resident, provided praise for the recently completed project on Ohio Street; commended Interim Public Works Director Sam Gutierrez for his good work and dedication to seeing the job completed. Masse Plata, Baldwin Park resident, complained that Code Enforcement is not effective; equipment on site at 3800 block of Foster Ave is still there and staff has not been helpful; opined that other community members who speak in the meeting are always negative. Representative from Infrastructure Erg leers, narrated a hand-out that summarizes the status of projects being performed by Infrastructure Engineers staff. Sid Mousavi, Owner of Infrastructure Engineers, spoke regarding the San Gabriel Valley River Bike Project; provided a narrative timeline of events for the project and Infrastructure Engineers' participation. Seeing no others wishing to speak, Public Communications closed at 7:56 p.m. CONSENT CALENDAR Mayor Lozano announced that Item No. 6 was being removed from the Consent Calendar and will be heard on the date certain of October 19, 2016. This postponement is based on a request form the developer. Council member Baca requested that Item Nos. 3, 4 and 7 be pulled for discussion. Council member Baca also asked to discuss Item No. 6 briefly, despite its being pulled. Page 2 of 9 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve, adopt and authorize Item Nos. 1, 2, 5 and 8. 1. el WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, NOES: None. ABSENT: None. ABSTAIN: None. REJECTION OF CLAIMS Baca, Garcia, Rubio, Pacheco Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Castro, Guadalupe Claimant alleges the police department illegally towed and impounded her vehicle. Ramos, Freddy Claimant alleges damage to the tire and rim of his vehicle after striking the sidewalk on Francisquito Ave. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. AMENDMENT TO EXTEND THE EXCLUSIVE NEGOTIATION 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 Staff recommends the City Council: 1. Approve the extension to the ENA with ROEM Development Corporation; and 2. Authorize the Mayor to execute the necessary documents for the extension. Council member Baca expressed concern regarding this request for extension since issues are still unresolved with the Phase I project; inquired about solutions to overnight parking issues; traffic and parking is still a serious issue and a town meeting might be in order; requested that the item be held over to the October 15 meeting. Council member Rubio expressed concern regarding development in the area as a whole; opined that the city is situated in such a way that pollution from cars and trucks is already an issue and the increase of traffic by adding more apartments will only exacerbate the problem; suggested that Phase II be postponed until a decision has been Page 3 of 9 made as to the fate of the proposed Walbern project [across from City Hall]; feels that Council needs to look at "the big picture." Mayor Pro Tem Garcia noted that the purpose of the Exclusive Negotiation Contract (ENA) is for the developer to study the various impacts of a proposed project; suggested that the extension be granted and allow the developer to report back in a study session to answer any further questions that Council may have; asserted that there would be no harm in extending it. Council member Pacheco expressed support for Mayor Pro Tem Garcia's position, echoing that the ENA provides the developer to explore opportunities; feels that parking would be encompassed in the Environmental Impact Report (EIR) and that the development will revitalize the downtown area and that it will bring much needed foot traffic. A motion was made by Baca, seconded by Rubio, to bring Item No. 3 back at a future meeting to allow for the developer to answer questions and address issues of concern to Council. Council member Pacheco voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. The motion failed by a vote of 2 — 3. A motion was made by Garcia, seconded by Pacheco, to approve the ENA extension and direct the developer appear before Council to address all of the concerns discussed in this evening's meeting. Council member Baca voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. During roll call, Council member Rubio restated her concern because there are two projects that are going on at the same time and that each would be conducting a parking study that took into account their own project but how each project [parking] would affect the other; opined that there had been support for a park plaza and that it will draw in new businesses. The motion made by Garcia, and seconded by Pacheco, and carried (3 — 2) to approve the extension to the ENA with ROEM Development Corporation, authorize the Mayor to execute the necessary documents for the extension, and direct the developer to appear before Council to address all of the concerns discussed in this evening's meeting. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Page 4 of 9 4. APPROVAL OF SUPPLEMENTAL TASK ORDER FOR SAN GABRIEL RIVER BIKEWAY PROJECT Staff recommends that Council approve the supplemental Task Order in the amount of $35,600 and authorize the Public Works Department to proceed with the project. Council member Baca expressed concern and asked why this additional amount was not submitted as part of the original bid; pointed out that, because the original contract and this amendment have been bifurcated, the project has obtained a contract value over the $120,000 that would normally have to come before Council for approval; requested that the consultant come forward and answer her questions and concerns. Sid Mousavi, owner of Infrastructure Engineers, explained that the work being performed is within budget, but that there are several phases in the project and there are costs associated with each items in the process. Council member Baca opined that the task order came out of nowhere and was not budgeted for; stated that she and Council member Rubio were open to meeting for explanation; pointed out that the invoices are hard to understand and that this is of great concern to her. A motion was made by Council member Baca, seconded by Council member Rubio, to deny the Supplemental Task Order for the San Gabriel River Bikeway Project. Council member Pacheco voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. Mayor Lozano restated the motion to pass the item. With that statement, City Treasurer Contreras conducted a roll call vote and the results are as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. A motion to approve the supplemental Task Order in the amount of $35,600 and authorize the Public Works Department to proceed with the project passed by a vote of 3 — 2. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Mayor Pro Tem Garcia followed up the discussion by noting that AAE was brought in by a Council vote and that AAE did not just come out of nowhere, pointing out that it is an inaccurate statement to indicate otherwise; opined that anyone making such a statement is implying mistrust of staff and that any impression of ethical misconduct; encouraged all Council members to get on board with the project and pointed out that it will be a benefit to the community and youth. City Attorney Tafoya informed the Mayor and Council that the vote previously taken needed to be restated and clarified because the intent and the actual vote were in conflict. City Attorney Tafoya restated the motion as Council member Baca making a motion to reject the task order and Council member Rubio seconding the motion. When the roll call vote was taken, the votes were inverted and Council members Baca and Rubio voted to Page 5 of 9 pass the item while Mayor Lozano and Council members Garcia and Pacheco supported the rejection of the item. Since it appeared that this was not the intent of each Council member, City Attorney Tafoya vocally confirmed the following: Mayor Lozano, Mayor Pro Tem Garcia and Council member Pacheco do not support rejection of the Supplemental Task Order for the San Gabriel River Bikeway Project and Council members Baca and Rubio do support the rejection. Mayor Lozano asked that Council member Baca reiterate the motion so that the action could be clarified. A motion was made by Council member Baca, seconded by Council member Rubio, to reject the supplemental Task Order in the amount of $35,600 for the San Gabriel River Bikeway Project. Council member Pacheco voiced objection. AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. Mayor Lozano confirmed that the motion failed by a vote of 2 — 3. A motion was made by Garcia, seconded by Pacheco, and carried (3 — 2) to approve the supplemental Task Order in the amount of $35,600 for the San Gabriel River Bikeway Project. Council member Baca voiced objection. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Council member Baca asserted that she feels very strongly about conduct of other council members on the dais and that she wants to reiterate that she supports the community but does not support awarding contracts that are done without full support of Council. Council member Rubio pointed out that the contract for this project was not competitively solicited but was awarded straight to the consultant, pointing out that, because the contract was for only $106,000, Council did not have the opportunity to review and vote on the selection. Council member Pacheco took issue to implications that staff is being blamed for the decisions made in these matters and that council members continue to question the competency of staff. Council member Rubio pointed out that former Director Dan Wall first proposed a different consultant, twice, but that both times the firm that was proposed was rejected. Mayor Pro Tem Garcia asked that each council member make the decision that each individual is most comfortable with and to own that decision; asked that council members, staff and others not be targeted for criticism; suggested that focus be brought back to the betterment of the community. 5. AUTHORIZE APPROVE TRACT MAP NO. 72195 — INDIGO PROJECT Staff recommends that Council accept Tract Map No. 72195 and authorize the City Clerk and Staff to sign final tract map. Page 6 of 9 6. 7. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept Tract Map No. 72195 and authorize the City Clerk and Staff to sign final tract map. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REQUEST APPROVAL OF PARCEL MAP 1426 — LA FITNESS Staff recommends that Council authorize the City Clerk and Staff to sign Final Parcel Map to enable developer to record at Los Angeles County Recorder's Office Council member Baca inquired, based on her recollection, whether there had been a plan to put an outdoor pedestrian trail/track around the L.A. Fitness complex so that residents could walk the boundaries of the property; also recollected that Council member Rubio had asked about landscaping esthetics, and requested that inquiries be made as to whether the path will be put in and about what trees will be put in. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to bring this item back at a future Council meeting after staff has provided responses to the questions Council has regarding the project.. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REQUEST APPROVAL OF PARCEL MAP NO. 1433 — KAISER HOSPITAL PARKING LOT STRUCTURE EXPANSION Staff recommends that Council authorize the City Clerk and Staff to sign Final Parcel Map to enable developer to record at Los Angeles County Recorder's Office. Council member Baca expressed concern because parking in t been an issue and she is concerned that it will only get worse going on; also asked that esthetics be considered when con structure. ie neighborhood has while construction is ,tructing the parking Council member Pacheco asked that property on Bess Avenue from Baldwin Park Boulevard to the 1-10 Freeway be landscaped to improve the area. Mayor Lozano noted that parking permits may be issued in the neighborhood to alleviate the problem, to which Interim Public Works Director informed him that permits have been issued already with two being provided to each residence. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to continue this item to the next Regular City Council meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 7 of 9 8. CONDUCT A LETTER IN SUPPORT OF THE H.R. 5936, VETERANS CARE AGREEMENT OF WEST LOS ANGELES LEASING ACT OF 2016 AND THE WEST LA VA CAMPUS DRAFT MASTER PLAN Staff recommends that Council approve and sign a letter of support addressed to the Secretary of Veterans Affairs at the United States Department of Veterans Affairs in support of H.R. 5936, Veterans Care Agreement of West Los Angeles Leasing Act of 2016 and the West Los Angeles VA Draft Campus Master Plan. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and sign a letter of support addressed to the Secretary of Veterans Affairs at the United States Department of Veterans Affairs in support of H.R. 5936, Veterans Care Agreement of West Los Angeles Leasing Act of 2016 and the West Los Angeles VA Draft Campus Master Plan. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING NONE REPORTS OF OFFICERS 9. PARLIAMENTARY PROCEDURE RULES TO BE CONSIDERED BY THE CITY COUNCIL Staff recommends that the City Council select form one of the following options: 1) Adopt Robert's Rules of Order as the official parliamentary procedures for all City Council meetings; 2) Adopt Rosenberg's Rules of Order as the official parliamentary procedures for all City Council meetings; 3) Direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park. Mayor Lozano opined that many councils have been conducted using a hybrid of parliamentary procedures which uses guides similar to but not specifically Robert's Rules of Order. Mayor Lozano made a motion to approve Option No. 3, Direct the City Attorney to Look for Additional Rules or Draft a Set of Rules for the City's use. The motion was seconded by Council member Pacheco, with Council members Baca and Rubio voicing objection. Council member Baca opined that this option is too vague and that something more well- defined needs to be agreed upon; Council member Rubio echoed these sentiments. With that, Mayor Lozano directed the City Treasurer to take a roll call vote. The motion was made by Lozano, seconded by Pacheco, and carried (3 — 2) to direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park.. Page 8 of 9 AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Mayor Lozano asked that ROEM be notified that residents are parking in front of the Metro building, along Ramona Blvd, which is public parking; directed that ROEM address the issue. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 8:47 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9of9 ITEM NO. 4�1 E3 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING OCTOBER 19, 2016, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:13 p.m. by Mayor Pro Tem Baca. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Arrived at 6:18 p,.n Councilmember Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Pro Tem Baca opened Public Communications at 6:13 p.m. Seeing no one wishing to speak, Public Communications closed at 6:14 p.m. OPEN SESSION None. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Title: City of Baldwin Park v. City of Irwindale, et al., Case: No. BS163400 2. 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) Page 1 of 2 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code 54956.8: a) Property: 14434 East Pacific Avenue — APN #8553-023-007 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Amelia Perez and Mario Zavala, seller's agent Under Negotiation: Price and terms of payment b) Property: 4024 Maine Avenue — APN #85540-001-940; 14408 Ramona Boulevard — APN #8554-001-012; 14412 Ramona Boulevard —APN #8554-001-011 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ramon Arias and Miguel Rascon Under Negotiation: Price and terms of payment 4. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957: Title: Chief of Police Title: Director of Public Works Title: Director of Community Development RECONVENE TO OPEN SESSION ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 6:53 p.m. REPORT ON CLOSED SESSION Mayor Lozano reported that no actions was taken on items discussed in Closed Session.. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 19, 2016, 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 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that no actions was taken on items discussed in Closed Session. Council announced that the positions of Public Works Director and Human Resources/Risk Manager would remain open until filled. ANNOUNCEMENTS Council member Baca requested that the meeting be closed in memory of Delores Lola Hernandez, and extended her condolences to the family. • Presentation of a Proclamation recognizing October as Breast Cancer Month. Mayor Pro Tem Garcia presented the proclamation to recognize October as Breast Cancer Awareness Month. • Presentation Javier Agular, representing the Southern California Association of Governments, regarding the GIS Internship Pilot Program. Mr. Javier Agular narrated a PowerPoint presentation and responded to questions from Council. • Presentation by Kaiser Permanente with an Update on the Construction of its Parking Garage Expansion. Presentation by Skyler Dennis narrated a PowerPoint presentation, providing a status update on the parking garage expansion construction currently being done on the Kaiser Permanente campus, and responded to questions from Council. • Oath of Office for Appointed Recreation and Community Services Commissioner Jesus Emanuel Rodriguez. Mayor Lozano issued the Oath of Office to Jesus Emanuel Rodriguez and welcomed him as a new member of the Recreation and Community Services Commission. PUBLIC COMMUNICATIONS Mayor Lozano proclaimed Public Communications open at 7:30 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, commented on the ROEM project and proposed future projects; opined that Council should be denying certain concessions to ROEM such as parking, tax breaks and other such matters. Arturo Luna, Baldwin Park resident, asserted that he needs answers to questions that he previously posed to Council; opined that Council does not have the backbone to tell citizens how much debt the city has and that it is having trouble with the ROEM project. Valerie Munoz, Mayor of City of La Puente, provided a summary of her background and expressed her appreciation for Council's nomination. Seeing no others wishing to speak, Public Communications closed at 7:42 p.m. CONSENT CALENDAR Council pulled Item nos. 5, 6, 8 and 9 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: Lozano. ABSTAIN: None. 2. TREASURER'S REPORT — AUGUST 2016 Staff A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 2 of 8 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): Flores, Ana Claimant alleges the City is responsible for physical damage from manhole on Kaiser Permanente property. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to follow staff's recommendation and reject the claim. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. BI -ANNUAL REVIEW AND APPROVAL OF RESOLUTION ADOPTING THE CITY'S CONFLICT OF INTEREST CODE Staff recommends that Council approve and adopt Resolution No. 2016-153 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the City's Conflict of Interest Code." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2016-153 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the City's Conflict of Interest Code." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. NOMINATION FOR WATER QUALITY AUTHORITY (WQA) BOARD MEMBER REPRESENTING CITIES WITHOUT PUMPING RIGHTS Staff recommends that Council: 1. Nominate and support Valerie Munoz, Mayor/Councilmember of La Puente; and 2. Adopt Resolution No. 2016-154, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Nominating Mayor/Councilmember Valerie Munoz to Represent Cities Without Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority" confirming the nomination. Council member Baca asked that this item be brought back at the next Council meeting to provide an opportunity for Margaret Clark, a possible candidate, to attend the next Council meeting so that she can make a presentation to Council. Mayor Lozano opined that he would like to see someone new in the position so that there will be a fresh outlook and new ideas presented on behalf of the City. Council member Rubio objected to the implication that Council had already made the selection of Ms. Munoz for the nomination; stated that she has not seen anything about this person and would like to know at what point this individual was selected. Mayor Lozano made a motion, seconded by Council member Pacheco to nominate Valerie Munoz and approve the resolution submitting her as a candidate to represent the cities. Page 3 of 8 Council member Baca made a substitute motion to hold this item over to the November 2 meeting to allow additional persons to be considered for the candidate nomination; Council member Rubio seconded the motion. Council member Pacheco voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Baca, seconded by Rubio, to hold Item No. 5 over to the next regular City Council meeting to allow additional time to consider other possible candidates. AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. The motion failed by a vote of 3 — 2. Mayor Lozano's original motion was brought back to the floor, which was seconded by Council member Pacheco. Council member Baca voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Lozano, seconded by Pacheco, and carried (3 — 1 — 1; Council member Rubio chose to abstain based on her objection to the deviation from protocol) to nominate and support Valerie Munoz, Mayor/Councilmember of La Puente and adopt Resolution No. 2016-154, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Nominating Mayor/Councilmember Valerie Munoz to Represent Cities Without Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority" confirming the nomination. AYES: Garcia, Lozano, Pacheco NOES: Baca ABSENT:, None. ABSTAIN: Rubio 6. APPROVE QUITCLAIM DEEDING OF A PORTION OF FRANCISQUITO AVENUE AND GARVEY AVENUE, AND ADOPT RESOLUTION NO. 2016-155 ODERING THE VACATION OF SAID PORTION WITH RESERVATION FOR PUBLIC UTILITIES AND APPROVE FINAL PARCEL MAP NO 1426 — LA FITNESS Staff recommends that Council: 1. Approve quitclaim deeding of a portion of Francisquito Avenue and Garvey Avenue to Fitness International, LLC; and 2. Adopt Resolution No. 2016-155 entitled, "A Resolution of the City of Baldwin Park, California, Ordering the Vacation of a Portion of Francisquito Avenue and Garvey Avenue with Reservation for Public Utilities"; and 3. Approve Final Parcel Map No. 1426 and, upon recordation of the quitclaim documents, authorize the City Clerk and staff to sign the Final Parcel Map. Council member Rubio clarified that the property referenced in the quit claim was originally property belonging to the California Department of Transportation Page 4 of 8 (CalTrans). Because the L.A. Fitness project needed to gain right of way to the property, CalTrans transferred the property to the City of Baldwin Park and the City is now quit claiming it to L.A. Fitness; stressed that the City is not giving land away as it was never the City's land in the first place. Council member Rubio asked Chief Executive Officer Yauchzee to recall and clarify whether there was supposed to be plans to create a walking track around the outside perimeter of the site. Discussion ensued and CEO Yauchzee noted that he, City Planner Harbin and Interim Public Works Director Gutierrez had discussed the matter with the developer but that the design had not included it and the construction was already too far along to make such an accommodation. A motion was made by Mayor Pro Tem Garcia, seconded by Council member Pacheco, to approve the item in its entirety and without changes. Council member Baca voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Garcia, seconded by Pacheco, and carried (3 — 2) to: 1. Approve quitclaim deeding of a portion of Francisquito Avenue and Garvey Avenue to Fitness International, LLC; and 2. Adopt Resolution No. 2016-155 entitled, "A Resolution of the City of Baldwin Park, California, Ordering the Vacation of a Portion of Francisquito Avenue and Garvey Avenue with Reservation for Public Utilities"; and 3. Approve Final Parcel Map No. 1426 and, upon recordation of the quitclaim documents, authorize the City Clerk and staff to sign the Final Parcel Map. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. 7. REQUEST APPROVAL OF PARCEL MAP NO. 1433 - KAISER HOSPITAL PARKING LOT STRUCTURE EXPANSION Staff recommends that Council authorize the City Clerk and staff to sign the Final Parcel Map and provide the map to the developer for recording at Los Angeles County Recorder's Office. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2016-153 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the City's Conflict of Interest Code." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 8 8. APPROVE THE PURCHASE OF TWO SEDAN VEHICLES FOR THE BUILDING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT Staff recommends that Council approve the purchase of the two sedan vehicles from Longo Toyota in the amount of $48,450.68. Council member Baca, referring to the staff report, inquired as to when the vehicles were purchased, what happened to the old vehicles, and why were two vehicles purchased. Interim Public Works Director Gutierrez explained that the vehicles had been previously budgeted for and were secured under a WSCA contract but the total purchase exceeded the $25,000 limit, therefore staff is bring the item before Council for approval; noted that the two will be used by Building Inspectors and that the old vehicles will undergo repairs and will likely be used by Recreation and Community Services. CEO Yauchzee noted that the funds used to purchase the vehicles was grant money and that each vehicle cost under the $24,999 threshold but because both vehicles were purchased from the same dealer, he thought it prudent to present it to Council. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve the purchase of the two sedan vehicles from Longo Toyota in the amount of $48,450.68. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 9. CREDIT AND DEBIT CARD PAYMENT SYSTEM Staff recommends that Council authorize the staff to: 1. Accept credit and debit card as alternative payment method for the payment of City taxes, permits and service fees; 2. Pass -on the credit and debit card fees to the customers as a convenience fee as allowed by the California State Government Code Section 6159(h); 3. Use the card payment system of Elavon/Bank of the West because they offer the lowest service fee; and 4. Approve Resolution No. 2016-152 entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Use of Credit and Debit Cards as Alternative Method for Payment of City Taxes and Fees." Mayor Lozano opened the Public Hearing at 8:07 p.m. and invited those wishing to speak in support of this item to come forward and be heard. Seeing no one wishing to speak in support of the item, Mayor Lozano invited those wishing to speak in opposition of this item to come forward and be heard. Ken Woods, Baldwin Park resident, spoke of the cost of taking debit and credit card transactions. Page 6 of 8 Seeing not others wishing to speak, Mayor Lozano closed the Public Hearing at 8:08 p.m. In response to Council member Baca's inquiry as to the transaction fees, Mr. Thomas, representing Bank of the West, explained that it would be a fixed fee rate. Council member Rubio spoke in support of the item, noting that she has had many constituents inquire about making payments using a credit or debit card. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to 1. Accept credit and debit card as alternative payment method for the payment of City taxes, permits and service fees; 2. Pass -on the credit and debit card fees to the customers as a convenience fee as allowed by the California State Government Code Section 6159(h); 3. Use the card payment system of Elavon/Bank of the West because they offer the lowest service fee; and 4. Approve Resolution No. 2016-152 entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Use of Credit and Debit Cards as Alternative Method for Payment of City Taxes and Fees." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 10. AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH AIM CONSULTING SERVICES TO CONTINUE TO IMPLEMENT THE GOALS OF THEIR REPORT "BALDWIN PARK: A PATH TO A NEW ECONOMY" Staff recommends that Council: 1. Provide direction to staff regarding the extension of the Consultant Services Agreement with AIM; 2. Authorize the Finance Director to appropriate funds accordingly; and 3. Authorize the Mayor to sign the necessary documents for the extension Mayor Lozano noted that this item has been pulled from the agenda and will be brought back at a future meeting. Council member Baca communicated that, at a recent meeting between AIMS representatives and some Business Association members, some of the concerns brought up included parks/pocket parks in the downtown area; noted that AIMS had pointed out that the two suggested locations for parks, the Red Car Building and the property adjacent to Royal Coaches Towing, were already committed to housing projects; expressed concern because there was communication indicating that contracts had already been signed and construction was eminent; pointed out that one of the two representatives from AIMS only stayed at the meeting for 30 minutes, Page 7 of 8 yet invoices submitted for payment to the City often include a great deal more time than an hour or two; expressed concern that the City is being overcharged. Council member Rubio expressed similar concern, noting that AIMS representatives were taking suggestions off the table because they said that signed contracts were in place for the two sites; opined that AIMS should be looking at all suggestions, particularly since the City is paying for development services. Council member Pacheco pointed out that design of parks may not a part of the scope of work for the AIMS contract and that AIMS has done and is doing very good work for the City; pointed out that the two location projects are currently under an ENA to which AIMS may have been referring. Council member Baca reiterated that she would like to know why AIMS is representing that contracts for the developments are already in place. Council member Rubio echoed her concerns and noted that both she and Council member Baca have repeatedly asked for answers to questions of AIMS and neither of them have received any answers, which is what the greatest concern is. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 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 8:27 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 8 of 8 MINUTES BALDWIN PARK FINANCE AUTHORITY OCTOBER 19, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:28 p.m. ROLL CALL Cit Council resent: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:28 p.m. and seeing no one wishing to speak, Public Communications closed at 8:28 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: AUGUST 2016 Staff recommends that the City Council receive and file the August 2016 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the August 2016 Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio 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 Baca, to adjourn the meeting at 8:28 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK HOUSING AUTHORITY OCTOBER 19,2016,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:28 p.m. ROLL CALL CitV Council resent: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:29 p.m. and seeing no one wishing to speak, Public Communications closed at 8:29 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: AUGUST 2016 Staff recommends that the City Council receive and file the August 2016 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the October 2015 Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio 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 Baca, to adjourn the meeting at 8:30 p.m. Mayor ATTEST:. City Clerk APPROVED: ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING NOVEMBER 2, 2016, 5:30 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 at 5:40 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Baca Councilmember Ricardo Pacheco Councilmember Susan Rubio (arrived at 5:43 p.m.) Mayor Pro Tem Monica Garcia (arrived at 5:45 p.m.) Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:46 p.m. Seeing no one wishing to speak, Public Communications closed at 5:46 p.m. OPEN SESSION 1. PRESENTATION BY PUBLIC WORKS STAFF WITH A STATUS UPDATE ON CNG STATION IN BALDWIN PARK Interim Public Works Director Sam Gutierrez narrated a PowerPoint presentation and responded to questions from Council. 2. PRESENTATION BY RECREATION AND COMMUNITY SERVICES STAFF ON A PROPOSED TIME CAPSULE Recreation and Community Services Director Manny Carrillo narrated a PowerPoint presentation and responded to questions and suggestions by Council. RECESS TO CLOSED SESSION 3. PUBLIC EMPLOYMENT (GC §54957): Title: Chief of Police 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Title: City of Baldwin Park v. City of Irwindale, et al., Case: No. BS163400 Page 1 of 2 5. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code 54956.8: A. Property: 14434 East Pacific Avenue – APN #8553-023-007 Agencygotgtor: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Ne otiatinq Parties: Amelia Perez and Mario Zavala, seller's agent Under Ne otiation: Price and terms of payment B. Property: 4024 Maine Avenue – APN #8554-001-910; 14408 Ramona Blvd – APN #8554-001-012; and 14412 Ramona Blvd – APN #8554-001-011 Ae–g ncy-Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Neqo,tiatin Parties: City of Baldwin Park; Ramon Arias; and Miguel Rascon under Negoti tion,: Price and terms of payment 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): Two (2) 7. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: ApD( :,y d iqi to re rp entative : Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Exnpl ee )r�gmr i ation : General Unit of Maintenance Employees, SEIU Local 721; Professional and Technical Employees Association; Clerical Employees Association; Classified Confidential Employees Association; Classified Management Employees Association n!�1pr serut c n_y ( : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director ADJOURNMENT There being no further business, the meeting was adjourn at 9:00 p.m. REPORT ON CLOSED SESSION No reportable action was taken on items discussed during Closed Session, ATTEST: Alejandra Avila, City Clerk APPROVED: Manuel Lozano, Mayor Page 2 of 2 STAFF REPORT HUDOF THE� SAN GABRIEL GAI.LY �� ,. N� rb j,"0 TO: FROM: DATE: ITEM NO. 'S Honorable Mayor and Members of the City Council Mark Hsu, Information Systems Supervisor March 18, 2015 SUBJECT: AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR FIVE NEW COPY MACHINES SUMMARY This report is to request the City Council to authorize the Information Technology Division to enter into a lease agreement for five new Canon copy machines. FISCAL IMPACT There will be a realized saving of $1,331.40. A copy of the lease contract and vendor proposals are attached to this report for Council's information and review. RECOMMENDATION It is recommended that the City Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for five new Canon copy machines. BACKGROUND The lease agreements for copy machines located at Barns Park, Teen Center and Human Resources areas will expire in March 2017. Due to the age and heavy usage of these machines, we are experiencing frequent break- downs and it is becoming more difficult to obtain parts for repair services. The new Canon copy machines will be more reliable, reduce down time, and cost saving on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. LEGAL REVIEW Not applicable ALTERNATIVES The City Council may choose to direct staff to not enter into a new lease agreement, whereby the City will continue paying the current monthly fees after the current agreement expires. ATTACHMENTS A. Lease Agreement B. Proposal for three different master contract quotes 0 000� Oce Bolutions ff*o 1 S Sales Agreement wwW,,ko �ie -�e m Terms iPurchase Order No. 12/23/2017 ]Purchase - COD Salesperson Lease Type Months Pa mens Deposit �Guy Adams JFMV 60 $369.00 Zero —1 E SOLD TO: City of Baldwin Park swrro-, Community Center & Engineering .9 14403 E, Pacific! Avenue U Baldwin Park CA 91706 Contact Robin Morris Contact Phone 626 960-401.14129 Phone E-mail n f i nldwin a�.O rn E-mail Qty Product Code Description Amount 2 IR6555 CanonIR6555 - 2 V1 Stapler Finisher Al 2/3 Hole Punch I ASI Fax Kit 2 Surge Protectors Surge Protectors C W NASPO Contract Pricing E Cr LU . . . ....... Main& Included CBE to issue Check to customer for $436.87 . CBE to pick Ricoh MP7001 & MP6001 and return to 1311. CBE Subtotal $ (o transfer contacts to new devises. CBE to remove HD and give to customer, CBE to 13111 Serice monthly Initial Set-up Included W1 includes 28000 @ $154.00 with Overage rate billed quarterly @ $0.0055. Sales Tax $ a) Delivery Included Z Trade-in Total Due Amount Paid Includes. IaGor, Parts, EoinsumaGle 9upplies. Excludes: Paper, 5apes lElWa c . e Lie 0 Base Rate Billing Period (monthly if not checked) Monthly OQuarterly Z Monthly Allowance of Impressions Black 2$"000 Color N/A H 41 Overage Rate per Impression Black $0.0055 N/A Overage Billing Period (monthly If not checked) Monthly rl Quarteriy Semi-annually [J Annually Stomer Signature: Title: CI4 r W W M CL CBE Acceptances Title,, Date, Cor aryl -e-, MAc—g Industry Office LAX QjLlce Q-n—tarlo PAILM 0 4A Mason St 13200 Crossroads Pkwy Ste 400 6610 S La Cienega Blvd 800 N Haven Ave Ste 415 W Irvine CA 92618 City of Industry CA 91746 Inglewood CA 90301 Ontario CA 91764 949.830.1400 562.695.7775 310.419.0019 909.989.7999 SIGNATURES BY BOTH PARTIES ACT AS A BINDING CONTRACT AND CANNOT BE CANCELLED OR TERMINATED AND CONFIRMS YOU HAVE READ AND UNDERSTAND THE MAINTENANCE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS OOCUMENT, GENERAL SCOPE OF COVERAGE This Agreement covers both the labor and the material for adjustments, repair and replacements of parts as required by normal use of the equipment, subject to the exceptions in and in accordance with these terms and conditions. This Agreement does not cover charges for installation of equipment or de -installation of equipment If it is moved, Damage to the equipment or its parts arising out of or caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or parts, use of substandard paper or substandard supplies or other causes beyond the control of CBE are not covered by this Agreement and may subject Customer to a surcharge or to cancellation of this Agreement. In addition, CBE may terminate this Agreement it the equipment is modified, damaged, altered or serviced by personnel other than the CBE Authorized Personnel, or if pails, accessories or components not meeting machine specifications are tilled to the equipment, This Agreement does not cover charges for repairs due to Customer or third party modifications to software or hardware. SERVICE CALLS Service calls under this Agreement will be made during normal business hours at the installation address shown on the reverse side of this Agreement. Travel and labor time for service calls after normal business hours, on weekends and on holidays, it and when available, will be charged at the published overtime rates In effect at the time the service call is made, CBE Representatives will not handle, disconnect or repair unauthorized attachments or components; Customer Is responsible for disconnecting and reconnecting unauthorized attachments or components, Customer hereby indemnifies and holds CBE and its Represenlafives harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on CBE equipment, Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustment, repair or replacement of parts described below, REPAIR AND REPLACEMENT OF PARTS All parts necessary to the operation of the equipment, due to normal wear and tear, with the exception of the parts listed below, and subject to the general scope of coverage, will be furnished free of charge during a service call included in the maintenance service provided by this Agreement, RECONDITIONING THIS PARAGRAPH (4) IS NOT APPLICABLE TO EQUIPMENT COVERED BY A CBE CONTINUOUS MAINTENANCE GUARANTEE.. Rebuilding or major overhauls are riot covered by this Agreement In addition, when in its sole discretion CBE determines that a reconditioning Is necessary, as a result of expected wear and tear of materials and age factors caused by normal office environment usage, in order to keep the equipment in working condition, CBE will submit to the Customer an estimate of needed repairs and their cost which will be in addition to the charge payable under this Agreement, It the Customer does not authorize such reconditioning, CBE may discontinue service of the equipment under this Agreement (refunding the unused portion of the maintenance charge) or may refuse to renew this Agreement upon its expiration. Thereafter, the CBE Representative may make service available on a'Per Call' basis based upon published rates In effect at the time of service, 5. USE OF CBE SUPPLIES If the Customer uses other than CBE supplies and if such supplies are defective or unacceptable for use in CBE machines and cause abnormally frequent service calls or service problems, then CBE may, at Its option, assess a surcharge or terminate this Agreement. In this event, the Customer may be offered service on a'Por Call' basis based upon published rates. It is not a condition of this Agreement, however, that the Customer use only CBE authorized supplies 6. SUPPLY INCLUSIVE CONTRACTS If supplies are Included in the service provided under this Agreement, CBE will supply toner, ink and developer, unless otherwise slated in this Agreement, to the Customer based upon normal yields. If the Customer's usage of the supplies exceeds the normal yields for the equipment being serviced, CBE will invoice and the Customer agrees to pay, for the excess supplies at CBE's current retail prices then in effect- CBE reserves the right to charge for freight for all supply shipments. 7. ELECTRICAL In order to insure optimum performance by the CBE equipment, it is mandatory that specific models be plugged into a dedicated line and comply with manufacturer electrical specifications, These power standards are required by UL and/or local safety regulations. Reference CBE Bulletin A-00012, 8, CHARGES The initial non-refundable charge for maintenance under this Agreement shall be the amount set forth an the reverse side of this Agreement. The annual maintenance charge with respect to any renewal term, or second or third term of multi -term agreement, will be the charge in effect at the time of renewal. CBE may increase the rate up to 10% annually as costs increase. Customer shall pay all charges within 10 days of invoicing, If equipment is moved to anew CBE service territory, CBE shall have the option to charge, and the Customer agrees to pay the difference In published maintenance charges between the current territory and the new todlory (on a pro -rata basis). If equipment is moved beyond CBE's service territory, CBE reserves the right to cancel or the Customer agrees to pay a fair and reasonable upcharge for conflnued service. taking Into account the distance to Customer's new location and the published rates of CBE for service an a 'Per Call" basis, Reestabilshing network connection after a move is not covered under this Service Agreement and CBE has the option to charge the published rate for connectivity, 9. TERM This Agreement becomes effective upon CBE's receipt of the initial non- refundable maintenance charge provided on the reverse side of this Agreement or, if Customer is billed in arrears, upon the date Indicated in the "Start Date" space thereon, and shall continue for the period as specified on the face of this Agreement. In the event a Customer reaches or exceeds the allowance specified on the face of this Agreement prior to the expiration of the one-year term, a new contract will be negotiated or the Customer will be charged for all excess motors, at the rate indicated on the opposite side of this document, through the end of the contract term, 10. EVENT OF DEFAULT AND TERMINATION The occurrence of the following shall constitute an Event of Default the Customer fails to pay any portion of the charges for maintenance or parts, as provided under this Agreement when due, or the Customer falls to duly perform any covenant, condition or limitation of this Agreement, Upon an Event of Default, CBE may: (1) refuse to service the equipment; (If) furnish service on a C.0 D. "Per Call" basis based upon published rates In effect at the time of service; and (ill) terminate thls Agreement, Within sixty (60) days of the expiration or termination of this Agreement. CBE shall submit to Customer an itemized invoice for any fees or expenses, including any Per Call fees, theretofore accrued under chis Agreement, Except as otherwise provided herein, Customer, opal payment of accrued amounts so invoiced, shall thereafter have no further liability or obligation to CBE whatsoever for any further fees or expenses arising hereunder. In the event CBE terminates this Agreement because of the breach of Customer, CBE shall be entitled to payment for work in progress plus reimbursements for out-of- pocketexpenses, 11. INDEMNITY Customer shall indemnify, save and hold CBE. Its affillates, officers, directors, shareholders, employees, agents and representatives and its and their successors and assigns ("CBE Parties") harmless from and against any liability, loss, cost, expense or damage whatsoever caused by reason of any breach of this Agreement by Customeror by reason of any injury whether to body, property, business, character or reputation sustained by CBE Parties or to any other person by reason of any act, neglect, omission or default by Customer, Customer shall defend any action to which this indemnity shall apply. In the event Customer fails to defend such action CBE may do so and recover from Customer in addition, all costs and expenses Including attorneys' fees in connection therewith, CBE shall be entitled to recover from Customer all costs and expenses, including, without limitation, attorneys'leas and disbursements, incurred by CBE in connection with actions taken by CBE or its representatives (1) to enforce any provision of this Agreement; (ii) to effect any payments or collections provided for herein; (ill) to institute, maintain, preserve, enforce and foreclose on CBE's security interest in or lien on the goods, whether through judicial proceedings or otherwise; or (iv) to defend or prosecute any actIons or proceedings arising out of or relating to any CBE transactions with Customer, The foregoing provisions of this Paragraph I I shall survive the termination or expiration of this Agreement. 12, FULL AGREEMENT This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties, and may not be added to, modified, supplemented or waived in any way except in writing signed by the parties (other than pricing changes provided for herein). 11 SUCCESSORS AND ASSIGNS; TERMINATION This Agreement shall be binding on the parties hereto, their heirs, successors, and assigns. However, this Agreement may not be assigned by Customer without the consent of CBE. 14. SEPARABILITY OF PROVISIONS Each provision of this Agreement shall be considered separable, and, if for any reason any provision that is not essential to the effectuation of the basic purposes of this Agreement is determined to be invalid and contrary to any existing or future low, such Invalidity shall not impair the operation of or affect those provisions of this Agreement that are valid. 15. COUNTERPARTS AND SIGNATURES This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart. A faxed or e-mailed signature of this Agreement bearing authorized signatures may be treated as an original. I& WAIVER OF JURY TRIAL ALL PARTIES HERETO HEREBY IRREVOCABLY WAIVE (a) THE RIGHT TO TRIAL BY JURY; AND (b) THE RIGHT TO INTERPOSE ANY AND ALL COUNTERCLAIMS IN ANY ACTION, PROCEEDING OR CLAM ARISING OUT OF OR PERTAINING TO THIS AGREEMENT. 17, JURISDICTION All parties hereby consent and voluntarily submit to personal jurisdiction in the State of California and in the courts in such State located in Orange County in any proceeding arising out of or relating to this Agreement. 18. HOLD HARMLESS In no event shall CBE be liable for any damages whatsoever including without limitation, special, incidental, consequential, or indirect damages for personal Injury, loss of business profits, business interruption, loss of business information arising out of or inability to use this product, CBE is not liable for any claim made by a third party or made by you for a third party. The Customer acknowledges that the service coverage is such that the equipment may continue to provide copies and when configured function as a printer or scanner, Specifically, Ink Agreement is applicable to print volume only services and excludes help desk support, network support, software application support and any other connectivity support services. 19, FORCE MAJEURE CBE shall not be liable to Customer for any failure or delay caused by events beyond CBE's control, including, without limitation. Customer's failure to furnish necessary information; sabotage; failure or delays in transportation or communication; boycotts; embargoes; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials, machinery, or equipment; technical failures; fire; skean; flood; earthquake; explosion; acts of the public enemy; war; insurrection; riot; public disorder; epidemic; quarantine restrictions; acts of God� acts of any government or any quasi -governmental authority, instrumentality or agency, 20. NO WARRANTY CBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT CBE IS NOT RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, THE LOSS OF USE OF THE EQUIPMENT, 21. INSURANCE Customer shall obtain and maintain, at its own expense, insurance relating to claims for injury and/or property damage (including commercial general liability insurance) based on its use of the equipment, goods and machinery, PHONE' (949) 830-1400 ADDRESS, 4 A MASON, IRVINE, CA 92801 Meter Collection WEB SITE: www.cbeofficesolutions.com 00!�N Ol tl(c SaUrTIOIIS � w � pplernents the existing business relationship between CBEOffice Solutions; and and is 'affective U on Installation 'Itt^gA t tt t �,tt & �µ.. �,. .....� In order for CBE to provide the best possible service to our customers and to provide 100% accuracy in our billing of our customers, CBE has developed a Managed Print Services program that enables CBE to remotely collect meter reads, automate supply fulfillment and report service information for managing fleets of copiers, printers, fax machines, and multi -functional devices. To help us to do this we need your agreement to the following: BACKGROUND RECITALS: Both parties desire to supplement their business relationship to include the provision of remote meter reading services and certain other functionality defined below. By mutual agreement both parties agree as follows: 1. Description: CBF, provides cost recovery and remote meter collection solutions from Print Audit Inc. — Facilities Manager, part of the remote meter collection suite uses a small software program called the Information Collection Engine (ICE) to perform periodic scans in the environment in which it is installed. (ICE) creates a scan file in XMI, format, encrypts it and sends it to Print Audit's secure server as a zipped file. No personal information is collected or sent from Facilities Manager. Only the following information is gathered and transmitted to Print Audit's secure server: • Make, Model, Location, Serial Number • IP Address - MAC Address • Page Counts • Toner levels <option> • Status / Alerts (e.g. out of paper, paper jam) <option> 2. Activation: CBE's MPS technician and or Customer will install Print Audit Facilities Manager (ICE) on a mutually agreed upon server or computer dedicated for this purpose. You will need to provide the location and name of the server / computer the software will be installed on. The designated computer must be connected to your network and have internet access. Additional information will be required for multiple locations / networks (Subnets, VLans) Note: Print Audit Facilities Manager (ICE) is only available to customers that are covered by a valid maintenance agreement. 3. Cost of Services & Termination. There are no additional fees for the basic Print Audit Facilities Manager license provided by CBE. At any time you may request that the Print Audit Facilities Manager license be deactivated. We may deactivate the Print Audit Facilities Manager license if you attempt to use it for any improper use or use with another vendor. 4. Ownership, Use & Security of Data. CBE retains all rights and interest to the data collected by Print Audit Facilities Manager (ICE), which it may use or provide to third parties authorized by CBE to provide better service to you. CBE may also use the data for its regular business purpose including but not limited to research, and marketing. So long as the information is not attributed or identifiable to you, CBF.. may "sanitize" the data and provide it to third parties for research, marketing and similar business purposes. Except for the limited data captured by Print Audit Facilities Manager (ICE), this Agreement does not grant CBE any rights to your documents or information. CBE may dispose of the data at any time when it is no longer necessary for CBE's own business purposes and without notice to you. CBE uses reasonable available technology and security procedures to maintain the security of Print Audit Facilities Manager (ICE) and the data gathered from the solution: however, you acknowledge that no provider can absolutely prevent interception of data or guaranty security of information maintained on computers on the Internet. 5. Ownership of Intellectual Property. Print Audit Facilities Manager (ICE) technology is confidential and proprietary information of Print Audit Inc. and/or it licensors protected by copyright, trade secret and other laws and treaties. Print Audit Inc. and/ or its licensors retain all right, title and interest in and all intellectual property associated with Print Audit Facilities Manager (ICE). CBF., is an intended beneficiary of this Addendum. No Other Modifications. Except as specifically modified by this Addendum the terms of the business relationship remain unchanged. Intending to be legally bound, both parties must have signed this Addendum, effective as of the date shown above. M Company 14403 E. Pacific Avenue Bnld�win Park CA 91 City State Zit Robin Morris ('ontact Email Address Authorized Sitnturt, Authorization - CBE , fit , Ilrior 626 960-4011 9,129 Phone Meter Request. This addendum will in no way prohibit CBE frons requesting meters in an alternative method. Print Audit Facilities Manager (ICE) software requires the print device(s) to be connected to the network and turned on in order to collect the data. The computer hosting the Prink Audit Facilities Manager (ICE) software will also have to be on at the time the software is set to collect the data. If meter information cannot be obtained using our automated method the will be contacted for meters via email, fax and or by phone. l� Pleaselnitial 1 Accepted 'f Tf Declined Server / Computer Location: Title,' Date CBEMCV120401-1 0(11 e ' ojutions @no CPOl SLG FMV Equipment Lease Agreement # Equipment MFG Model & Description Serial Number Accessories See attached schedule for additional Equipment f Accessories __ ............ . g • ...,.M...._ 544"riAdrlfDss- �,r„ r�,O Purchase Option: Fair Market Value Cell Business Equipment Lease Payment: $ 369.00 (plus applicable taxes) Term: 60 (months) 4 A Mason Street Ste. A Billing Period: [D Monthly E] Quarterly 0 Semi -Annually E] Annually (Monthly if not checked) Irvine, CA 92618 The following additional payments are due on the date this Lease is signed by you: Advance Payment: $0 (plus applicable taxes) Applied to: El First El Last Document Fee: $75.00 (included on first invoice) YOU 11AVL, Sit ECtTE:D 1'HE LQUIPMV1,11 THE 3LIPPILMIR AND ITS A11L N'G,FI Ara).NUP iJV AI"ATA; awsirgrt Ur r"r4"-r„m MMU rWr. vrUr rtiwurrur..,nitirrrr,� TERMS OF THIN Lf7ASE YOU ARE AWARE OF TATE NAME OF THE MANrfr°AdnuflFH,, or r'ArN IT%°M CTT rQUIPMENr AND YOU WILL CONTACT EACr9, MANUFACrUREA rot OF YOUR WARFIANFY RIO, ITS, Wr MAKE' NO WAHRANil'i.S'TO YOU, EXPALSS OR IMPLIEL)r AS 40'N'HE MERC'HANTABIL11Y, FTN9 SS FOR A PAR'TIcULAI3 pAmPOSE, OTHERWISE, WE PROVIDE nfE EQUIPMENt' TO YOU AS -19 YOU AGREE TO USE ]HE EQUIPMENT" CVA,Y IN THE LAWFUL CONDUCT OP YOUR BUSINESS, ANO N0`f i HOUSEH01;,D OR I AMIL'CF'rtiJt"+.fi�lY T.,S-,. WE SHALLNOV BE, L.IAIMJ-I:. FOR CONISEU'U'EN3W.. CIVS'.r`PECIAI,. DAMAck;,$. WE. MAKE NO REPRLSl.AIAI I(IN OR WARRAN"lY OF ANY OR IMPUEO, 011i1 RESPECJ TO THE LEGAL, 'TAX OR ACCOUNTING 'TPE:A7meNilr OF Tilts N..F!'ASE AND YOU` A(,KNC',1WLEDGE THAT WE ARE AN INDEPENDENT C ONTRAC FIDUCIARY Or LESSEE. YOUR WILL OBTAIN YOUR OWN LEGAL, TAX AND AST'Iv UN"UNG AI Nd4`E REL.ATFI) TO THIS LEASE Afwhki" WILLMANE YOUR OWN IOETE:11PA kAIION l E.ItLCTi F r AiT 6F )-1 t3F.4:,TION 3'„ YCZT4 PAYMENT OaLGA9IONS ARE ASSIOLO'l l.: AND Ud400flDt rIONAL AND ARE NOT SU EJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHA'TSOCVER„ ROTH P'^ARTIES AGPEE TO WANE: ALL RIGNT'S TO A.Il,AIY TRIAL. tl,iM LEASE SHALL RE DEEMED FULLY EXECUTED AND PERFORMED IN THE STATE OF LESSEE'S ... , . ..,. , C4',?gV,:,VV^t4JF::I'J IN A4CC>Reri�.N"E'yll'TFl S1JL'FV I..AWS. TQ' NC IPAL 1'°ti�uA.Cf" S8W BtPSINli SS ANl"p StfALL BE f'tu'VERNED BY AJMfr TOS HELP ll IE. GOVERNMi':":Nr Flo H' rHE FUNMNG OF TEARORI>M AND MONEY LAUNCIL:RING ACTIVITIES, FEDERAL... L,A..W REQUIRES ALL FI'NANG AL IW3111 L11IONS CO OBTAIN„ VERIFY AND PECORU lNt"(M�MAI'101`4 THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT WHA"r THIS AMfiANS TO YOU WHEN YOU 4kVCN' AN AC&.,C,UN"r WE, WILL, ASK FOR 'YOUR, NAMEL ADDRESS AND OTHER I'NFORMAtIDN IHAT WILL AI I VIA1 LM TCr IDENTIFY Yntl W'S MAY Al.30 ASK TO SEE IDE NpIFYIN( DOf,UMI NTS, - a w D 2 ORAL ACREF-MrNTS OR COMMITMENT`S To Iff1l SICNfNt,T..')'F11S LEA.S�E:, YOU ACKNOWLEDGE RECEIPT C,oF PACntlaS I AND 2 CIT THIS tl LASE, AfkLi AT`Rd"��T TS711I16; TCiTCMw CrN tfH,i+ES 1 AN,,,.. ......,.. .,, .. ,... LOAN MONEY, EXTEND CREDIT O14 TO FORBEAR FROM ENFORCING REPAYMENT OF A DEET IFIC ANNrT PROMISES 'VD EXTEND OR RENEW SUCH OED] ARE N07 ENFDRCMADI-E.., 5O PROTFDT YOU AND. US FROM MISUNDERSTANDING OR DiSAPPDXN't"IvNFN°f, ANY AGRl EWENTMG WE REACH COVER31,1 7 SUCH MAT IFIR'r ARCiJIVYAlNED IN f14'WR[TIN0, WHICH IS THE COMPLETE AND EXCLUSIVE STATE.M"ir OF THEU.7 EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY t'B'. TERMS AND CONDITIONS 1_ 'Q0MM9 T,Q,F„„;) EkT Q,F W :. commencement of thus Lease and acceptance of the Equipment shad occur upon delivery of the Equi ant to you ("Commencement Dale"), To the extent that he Equipment Includes intangible property or associated services such as periodic software licenses and prepaid database subscription rights, such Intangible property shall be referred to as "Software'. You understand and agree that we have no right, title or interest In the Software and you will comply throughout the Temn of this Lease Win any license andior other agreement ("Software License") entered into with Ore supplier of the Sof re ("Software Supplier"), You are responsible for entering Into any Software License with "Software Supplier no later than the Commencornenl Data of this Lease., You agree to inspect the Equipment upon delivery and verify by telephone or in writing such lnfarmaOon as we may require, 11 you signed a purchase order or similar agreement for the purchase of the Equipment, by si gning this Lease you assign to us all of your rights, but none at your obligations under it; All attachments, accessories, replacements, referaciarneat parts, substitutions, additions and repairs to the Equipment shall form part of the Equipment under this Lease. 2,pa(„,';A, ,i(=x„(.±1'7r I�IMBFk 'T', ,, You agree to remit to us the Lease Payment and oil other suras when due and payable each Billing Period at the address we provide to you from time to time, You agree that you will recur payments to us in Me form of company checks (or personal checks in the case of sale proprietorships), direct debit or wires only, You also agree cash and cash equivalents are not acceptable forms of paymont for this Lease and that you will not remit such forms of payment to us, Payment in any other form tray delay processing or be returned to you, Furthermore, only you or your authorized agent as approved by us will rornit payments to us, Lease Payments will include any freight, delivery, installation and other expenses we finance on your behalf at your request, Lease Payments are due whomer or nor you receive an invoice. You authorize us to adjust the Lease Payments by not more than 15% to reflect any reconfiguration of the Equipment or adjustments to rel act applicable sales taxes or the cost of the Equipment by the manufacturer andior Supplier, , A VS;Efl'jQN,,,, j,)„'_F"„(,jND You intend to remit to us all Lease Payments and other payments for the but Tann It funds are legally avallable. In the event you are not granted an appropriation of funds at any time during the Term for the Equipment or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to you to pay Lease Payments and other payments due and to become due under this Lease, and there Is no other legal procedure or available funds by or with which payment can be made to us, and the non•approphation did not result from an act or emission by you, you shall have the right to return the Equipment in accordance with Section 11 of this Lease and terminate this Lease on the last day of the tracer period for which appropriations were received without penalty or expense to you, except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted, At least thirty (30) days prior to the and of your fiscal period, your chief executive officer (or legal counsel) shall certify in writing that: (a) funds have not been appropriated for the fiscal period; (b) such no "ppropdelion did not result from any act or failure to act by you; and (c) you have exhausted all funds legally available to pay Lease Payments, It you terminate this Lease because of a non-appropdation of funds, you may not purchase, lease or rant during the subsequent Oscal period, equipment performing the same functions as, or functions taking the place of, those performed by the Equipment provided, however, Chet these restrictions shall nor be applicable If or to the extent that the application of these restrictions would affect the validity of this Lease, This section 2 shall not permit you to larmnale this Lease in order to acquire any other Equipment or to allocate fundr; directly or indirectly to perform essentially ft application for which the Equipment Is intended, 3. LE63E_QLMQEJ, You agree to: (a) pay all costs and expenses associated with the use, maintenance, servicing, repair or ¢eplacemen8 of the Equipment; (b) pay all fees, assessrnonrs, taxes and charges governmentally imposed upon Lessor's purchase, ownership, possession, leasing, ranting, operation, control or use of the Equipment and pay all premiums and other costs of Insuring the Equipment; (c) reimburse us for all costs and expenses Incurred In enforcing this Lease; and (d) pay all other costs and expanses for which you are obligated under this Lease ((a) through (d) collectively n1erred la as "Lease Charges"), NOTWITHSTANDING THE FACT THAT YOU MAY BE EXEMPT FROM THE PAYMENT OF PERSONAL PROPERTY TAXES, you acknowledge that as the owner at the Equipment, we may be required to pay personal property taxes, and you agree, at our discretion, to either: (1) reimburse us for all personal property and other similar taxes and governmental charges associated with the ownarslrip, possession or use of the Equipment when billed by the funsdtollons; or (2) remit to us each etlling Period our estimate of the pro -rated equivalent of such taxes and governmental charges, In the event that the tilling Period Cell Business Equipment By: X Name: Title: Date: City .,BaIa Pafk (@ a m oo Frit NLoual Namn) 10, ily: X Dale: Fa�dr�riTl.),,�� riw7; Page 1 of 2 Cell SLG 200(c) Fill mtm (mod) 10113 vawul ° Morino ap ,apdawo Lwow , ,m'rrnm.ay m Wur oanm,a" p,° 1 °Ipy a!puu U rtypruo4 valiaruV ay M aM ;r'rM NNo w0 ",I raadn nd "avw Win Idaaay eu I In ROC „ inn Ir Ml„'uoru:4 to Idnm rg=I „rarlTr voP. ntllru"Ll Vla + II"(r lion, M rar,'fun.V,urswV,:,aVVusuu v9;ar rWrdn inic,, rm Wm IAvar W won Warn I a n,am um"nlll Tp , Tgrandnu•n.l IV ,rmua a Rvn,o ro Asy r ,. ,a Tara radulou n ,Yr ally`"rah R L,, roar Yrr raver °.avar,;V McD°Y, oaf VVru, ra Igyinu vel ,a _rl ;tay4G Ia a gat;Por a9arllllp p V41,^,u hail oro Intal Ir, Ia,urrnTantV lllTvu rvlaaard'unuarmu pratup°rrVllkvey 4w mll,lalin,, al pYlr V^,hv✓. 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On L ryuk, Pepe 2 of 2 Cell SLG 200(c) FMV mtm (mad)10113 r Quote 2-14-2017 Consultant: Guy Adams 818 421-2495 *Includes Set Up, Delivery and Professional Training **CBE to close lease Ricoh MP7001SP & MP6001SP and ick machines u . ***CBE to transfer Exisitng Contacts into new machine. ****CBE to remove HD from Ricoh MP7001 SP & MP6001 Sp and give to City. All Figures Pre -Tax Quote Expires 2/27/2017 2 Ricoh Model's MP6503SP FMV Lease US Communities 60 months $414 ❑ B&W billed as needed CPC service and Overage @ $0.0055 per Image monthly EG. @ 28000=$154.00. Ll Quote includes Closing Lease with D,LL on Ricoh, MP700158 MP6001V w w r ar ❑ CBE to rovide remove HD on both Ricoh's and ive to the City to destro . ■wluazq��R Guy Adams Cell Business Equipment gadams@kopiers.com February 14, 2017 Telephone (818) 421-2495 US. COMMUNITIEST" GOVERNMENT PURCHASING ALLIANCE � NUAE1 epgr}INCay�tl��d,tl115Wbi. a4. M G" U.S. Communities is the leading national government purchasing cooperative, providing world class government procurement resources and solutions to local and state government agencies, school districts (K-12), higher education institutions, and nonprofits looking for the best overall supplier government pricing. . Proposal for City of Baldwin Park 2 Ricoh's MP6503SP US Communities Quote Copy/Print Speed — 65 ppm Black & White Scan Speed —120 ipm Black / 120 ipm Color 240 ipm B&W & Color Duplex Memory: 2.0 GB RAM / 320 GB HDD / Reduction / Enlargement 220 -sheet Single Pass Automatic Document Feeder (2) Trays 550 (2) Trays 1550 (1) 100 Sheet By -Pass Tray PS & PCL Print Driver Drivers 2 Eight Position Finisher Stapler 4000 Sheet Capacity 50 sheet stapler 2 2&3 Hole Punch / Hard Disc Overwrite Data Security Kit 1 Super G Fax Kit Set Up, Delivery, Installation and Professionals Trainin with Custom User Guides Cd -HO -H SEE IMPOSSIBLE HIGH QUALITY, EFFICIENT, AND DEPENDABLE The imageRUNNER ADVANCE 6500 Series is designed to deliver high performance and quality black -and -white output for demanding office environments. These intelligent systems can help enhance productivity through outstanding document workflows and an intuitive user experience. Print up to 75 ppm in black and white Scan up to 240/220 ipm (300 dpi) (BW color, duplex) Print up to 11" x 17" 7,700 -sheet maximum paper capacity Workflow Efficiency • An intuitive user interface with a large, responsive color touch -screen with smart phone -like usability helps make carrying out tasks easy. 0 My ADVANCE enables a unique, personal experience, creating a customized user experience tailored to meet each user's workflow needs. Canon's MEAP platform supports a range of integrated solutions designed to simplify workflow and help provide a holistic business solution. 0 Scalable support for mobile and flexible work styles can increase efficiency by allowing workers to capture or print documents and access certain cloud applications. Scan and convert documents to Searchable PDF, Microsoft® Word, and Microsoft® PowerPoint® files through a single -pass, duplexing document feeder that holds up to 300 originals. • Intelligent features, such as motion sensor technology to wake the device from sleep mode and the ability to remove blank pages when scanning, help maximize productivity. Security Control who has access to the device with authentication by using the standard Universal Login Manager application. Help prevent unauthorized distribution of sensitive information with an array of standard and optional document security features. Help facilitate information privacy and security by controlling access with IPsec, port filtering capabilities, and SSL technology. imageRUNNER ADVANCE 6575i/6565i/6555i Cost Management The ability to apply print policies, monitor output, and restrict usage by user helps reduce unnecessary printing, enables cost recovery, and can help save money on paper and toner. Tight integration with output management solutions, such as uniFLOW, provides the ability to carry out detailed tracking, reporting, and cost analysis. * Quality and reliability, combined with remote diagnostics and assistance, contribute to maximizing uptime and can help reduce time spent by IT resolving issues. • Consistent user operation, combined with remote and centralized fleet management, can help simplify IT management of devices and entire fleets. Acquisition Options: 2 Canon Model I116555's FMV Lease NASPO 60 months $369.00 ❑ B&W billed as needed CPC service and Overage @ $0.0055 per Image monthly EG. @ 28000=$154.00. El Closing Lease Ricoh MP7001 & Ricoh MP6001, CBE to Pick up old RicahiO r Retum to DLL. I ❑ CBE to remove HD and Leave with Customer. Guy Adams Cell Business Equipment gadams@kopiers.com February 13, 2017 Telephone (818) 421-2495 Cell NASPO Value Point formerly WSCA-NASPO NASPO is a non-profit association dedicated to advancing public procurement through leadership, excellence, and integrity. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. NASPO is an organization that helps its members achieve success as public procurement leaders through promotion of best practices, education, professional development, research, and innovative procurement strategies. Proposal for City of Baldwin Park 2 Canon IR6555's NASPO Quote Copy/Print Speed — 55 ppm Black & White Scan Speed —120 ipm Black / 120 ipm Color 240 ipm B&W & Color Duplex Memory: 2.0 GB RAM / 256 GB HDD / Reduction / Enlargement 300 -sheet Single Pass Automatic Document Feeder (2) Trays 550 (2) Trays 1550 (1) 100 Sheet By -Pass Tray PS & PCL Print Driver Drivers, 2 Eight Position Finisher Stapler 4000 Sheet Capacity 50 sheet stapler 2 2&3 Hole Punch / Hard Disc Overwrite Data Security Kit 1 Super G Fax Kit Set Up, Delivery, Installation and Professional Trainin with Custom User Guides SHARP. KMX-M654N MX-M754N Acciulsition Options: 2 Sharp Models MX-M654N's FMV Lease 60 months $428.00 ❑ B&W billed as needed CPC service and Overage @ $0.0055 per Image monthly. EG 28000 @ $0.0055=$154.00. e r,,77,7 4r I I'll ❑ CBE to remove HD's on Ricoh MP7001SP and MP6001SP. Guy Adams Cell Business Equipment gadams@kopiers.com Telephone (818) 421-2495 February 14, 2016 J PA National (Joint Pow ffs Alliance• National Joint Powers Alliance (NJPA) is a public agency that serves as a member -focused cooperative for over 50,000 member agencies nationally. NJPA offers a multitude of cooperatively contracted products, equipment and service opportunities to education and government entities throughout the country. We offer our contract J.aurc asincLsc logs that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficient as they do business with each other. NJPA does this by establishing a business and service alliance between member buyers and contracted suppliers ensuring a valued and successful national cooperative contract program. Download ouriLouut Us br :iir!e to learn more about our joint powers authority. Proposal for City of Baldwin Park 2 Sharp NJPA Quote MX-M654N's Copy/Print Speed — 65 ppm Black & White Scan Speed —100 ipm Black / 100 ipm Color 200 ipm B&W & Color Duplex Memory: 3.0 GB RAM / 320 GB HDD / Reduction / Enlargement 150 -sheet Single Pass Automatic Document Feeder PS & PCL Print Drivers Included (2) Trays 500 (2) Trays 1000 (1) 100 Sheet By -Pass Tray 2 Eight Position Finisher Stapler 4000 Sheet Capacity 50 sheet stapler 2 2&3 Hole Punch / 2 Hard Disc Overwrite Data Security Kit 1 Super G Fax Kit Set Up, Delivery, Installation and Professional Training with Custom User Guides (10 ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council , lqu F FROM: Sam Gutierrez, Interim Director of Public Works E. �..,�DATE: March 15, 2017 40 ' SUBJECT: ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016 0151— ALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE II SUMMARY This item will accept the work completed on this project, close the contract, and authorize the filing of a Notice of Completion with the Los Angeles County Recorder's Office. Walnut Creek Nature Park Improvements Project, Phase II (No. 2016-151), completed by Lucas Builders, Inc. and included improvements to the observation structure, construction of pedestrian foot bridge, installation of two adventure play areas, ADA parking and expansion of the existing concrete pathway, installation of landscape and irrigation system expansion. Additionally, the project added several items of work including restroom upgrades, security cameras and installation of flood lighting to the structure. FISCAL IMPACT This project is funded with restricted funds; no General Funds were used. The following is a breakdown of funds authorized and project expenditures: The overall savings for this project is $12,927.03. COMMENDATION It is recommended that the City Council: Accept the construction Improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and, 2. Authorize payment of $47,525.95 (5%) construction retention funds to Lucas Builders, Inc. upon expiration of the 35 -day lien period. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. NOC — Walnut Creek Nature Park, Ph. II Page 2 March 15, 2017 BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that due to lack of funding to complete the recommendations in one phase, the project was to be divided into several phases. On December 16, 2015, the City Council awarded a construction contract to construct improvements per approved plans and specifications for Walnut Creek Nature Park Improvements, Phase I. On April 20th, 2016, the City Council accepted the improvements for Phase I. On June 20, 2016, City Council accepted the plans and specifications, and authorized staff to publish a Notice Inviting Bids for the construction of Walnut Creek Nature Park Ph. II improvements. DISCUSSION On August 3, 2016, City Council awarded a construction contract to Lucas Builders, Inc., the lowest responsive bidder, plus 10% for contingencies to construct improvements per approved plans and specifications. Included in the original bid schedule was the construction of grading improvements for the planting of trees, shrubs and plants, expansion of the irrigation system, concrete walking path, improvements to the observation structure including installation of new roof, new concrete flooring and new deck and fencing. Other improvements include installing 2 ADA accessible parking stalls, construction of an ADA pedestrian footbridge, and the construction of 2 new play areas. Additionally, the project added several items of work including restroom upgrades, security cameras and installation of flood lighting to the structure. Lucas Builders, Inc. completed all required work on March 10th, 2016. The Public Works Department's Engineering Division has accepted the improvements and recommends that the City Council accept the improvements and authorize the publishing of a Notice of Completion. Included in the total construction costs are the Change Orders shown here: ATTACHMENTS Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 A EIOVF APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project No. 2016-0151__ Walnut Creek Nature Park Improvements, Phase II for the City of Baldwin Park was ACCEPTED by the City Council on March 15, 2017. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 5. A work of improvement on the property hereinafter described was COMPLETED on March 10, 2015 6. The work of improvement completed is described as follows: Walnut Creek Nature Park Improvements 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is mLucas Builders, Inc. 8. The street address of said property is 701 Frazier Street, Baldwin Park, CA 91706 The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: David Lopez Associate Engineer Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Place of Execution Signature ITEM NO.. v STAFF REPORT "t41 TO: Honorable Mayor and Members of the City Council HUB ow 4, . rwm1 E FROM: Sam Gutierrez, Interim Director of Public Work, SAN o s'R It i.DATE: March 15, 2017 VALLEY 411' SUBJECT: APPROVE RESOLUTION NO. 2017-175 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-2018 SUMMARY This report requests that the City Council adopt the attached resolution authorizing the initiation of the FY2017-18 Citywide Landscaping and Lighting Maintenance Assessment District and order the preparation of the Engineers Report. FISCAL IMPACT The Engineers Report will include more refined details of anticipated revenues and costs. The draft Budget for FY2017-18 will anticipate revenues for Fund 251 — Street Light and Landscape to be $1,750,000 which includes LLMD assessments estimated at $910,000, Ad -Valorem revenue estimated at $770,000, and earnings from late taxes and penalties estimated at $70,000. The cost to operate and maintain the landscaping and lighting improvements is planned to be in balance with the revenue. The revenues and cost for the upcoming year will be very similar to last year's LLMD budget. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2017-175 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2017-18 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN LANDSCAPING AND LGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." LEGAL REVIEW Reviewed by City Attorney BACKGROUND The City has an annual program for the maintenance landscaping and lighting improvements, as well as open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping, and street trees. For the past 25 years this program has been funded through the annual special assessments of the LLMD. The adoption of a resolution is required to initiate the proceedings and order the preparation of an Engineers Report. ATTACHMENTS Resolution No. 2017-175 Attachment RESOLUTION NO. 2017-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2017-18 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Landscaping and Lighting Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and' WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2017-18 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. Resolution No. 2017-175 Initiation of Proceedings and Ordering of Engineer's Report Landscaping and Lighting Maintenance District Page 2 I e 9 11 k, 1 0 A I IWVJVEIVIIIMPW� EV119=6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2017-175 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on March 15, 2017 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ITEM NO. STAFF REPORT 6, a'aP 0WZN TO: Honorable Mayor and Members of the Ci Council Al "UB or -z a Y City THE � FROM. Senn Gutierrez, ez, Inte im Director of I ublic Wo�r lis SAN GAMEL7 WALL Y � DATE: i�^lar-�:lr 1 2111 RESOLUTION O.2,017-176 �r SUBJECT: APPROVE % 1 1L1.�' f;11.� IN�I."C ISA I :[NG '�I"hI:E PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-2018 SUMMARY This report requests that the City Council consider the adoption of the attached resolution, which would authorize the initiation of the FY2017-2018 Parks Maintenance Assessment District and order the preparation of the Engineers report. FISCAL IMPACT The Park Maintenance Assessment District for FY2017-2018 is estimated at $636,000. The Engineers Report will provide detailed fiscal analysis including any anticipated subsidy participation by the General Fund. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2017-176 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEERS REPORT FOR THE FY2017-18 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." LEGAL REVIEW Reviewed and approved as to form by City Attorney BACKGROUND The City has an annual program for the maintenance of City parks. The financial support for this program is provided through the PMAD. The PMAD, formed in FY1996-1997, was established in conformance with Proposition 218. The adoption of the resolution is required to initiate the annual proceedings and order the preparation of the Engineers Report. ATTACHMENTS Resolution No. 2017-176 Attachment RESOLUTION NO. 2017-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2017-18 LEVY OF ANNUAL ASSESSMENTS FOR THE PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Parks Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2017-18 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code, SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. Resolution No. 2017-176 Initiation of Proceedings and Ordering of Engineer's Report Park Maintenance District Page 2 PASSED, APPROVED, AND ADOPTED this 15th day of March 2017 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. 2017-176 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 15, 2017 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK STAFF REPORT I -I U L3 0 � u' TE SAN ABRI L a a_:r: �N rye. 7: .�Ad�6'r��^�. TO: FROM: DATE: ITEM NO. Cy Honorable Mayor and City Councilmembers Sam Gutierrez, Interim Director of Public Works March 15, 2017 SUBJECT: CONSIDERATION TO AMEND CONTRACT HOURLY COMPENSATION RATE TO SOUTHLAND TRANSIT, INC. DUE TO INCRESES IN MINIMUM WAGE LABOR RATES SUMMARY The purpose of this report is to provide information for consideration of an amendment to the current Southland Transit, Inc. (STI), City bus services provider contract by increasing the revenue service hourly rate. This requested increase in compensation is the direct result of the changes in State of California minimum labor wage rates. FISCAL IMPACT The approval of this item will not impact the City's General Fund and be absorbed by Prop A — Fund 244, Current Year 3 Year 4 Year 5 Year % Change from current rate 21.6% 24.3% 28.1% Service Hourly Rate Increase ry � � $10 42....... _ $11 71 $13 59 ..... ..—... Hourly Compensation Rate $48.28 $58.70 $59.99$61.87 Anticipated Transit Contract $1,033,050 $1,256,000 $1,283,600 $1,323,800 Amount (using 21,397 rev. hrs.) L.... ... -Funds Budgeted . ,_. _ - $.1,200,000 ...... . .. .. RECOMMENDATION It is recommended that the City Council: 1. Authorize the mayor to sign attached contract Amendment #1 to increase STI's hourly compensation rate as shown in the table above; 2. Authorize the Director of Public Works to appropriate additional funds to cover the increase in costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments at the approved hourly compensation rate. BACKGROUND On June 5, 2013, City Council awarded to Southland Transit, Inc., a 5 -year transit services contract with the option for two 2 -year extensions and including the possibility of incremental increases in compensation for cost of living based on Consumer Price Index (CPI). Due to the State of California minimum wage rate standards increases, transit companies like STI would no longer be able to provide services if not given the opportunity to amend contracts to account for new wage rates. Additionally, in 2015 the City changed the fixed route bus serves by reducing the operation from six buses to 4 buses. This change of over 24% in service allows STI to open negotiations to better its financial health to absorb overhead costs. To reduce STI Amendment to Increase Compensation Rate March 15, 2017 Page 2 this financial burden, STI has proposed stepped increases over a three year period or until contract expiration. Staff does not recommend increasing bus fares to accommodate this contract amendment, since the current budget can absorb changes through year four of our five year contract. LEGAL IWITIE'll' This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council may choose not to increase compensation to STI, however, failure to approve the [o)roposed change would hinder STI from providing transit services. City Council may, at its discretion, direct Staff to solicit RFP's and award a new contract based on solicited service proposals. ATTACHMENTS 1. Southland Transit, Inc. Costs Breakdown Sheet 2. Copy of Transit Services Agreement with STI 3. Contract Amendment #1 Attachment # Attachement No. 1- Southland Tranit Inc's Cost Breakdown Sheet for Baldwin Park Transit Services . ........... . - Current Contractual MOLE!S YEAR 3 YEAR YEAR 5 OPERATIONS . . ............ . OPERATOR REGULAR SALARIES L27,439.00 336,042 346,123 356,SO6 OPERATOR OVERTIME 31,899.65 40,325 41,535 42,781, SUBTOTAL OPERATORS/ATTENDANTS WAGES 359,338.65 376,367 387,658 399,287 FICA: 29 177,38 3.0 538 ..764 31,454 32398. 787 all SUI, 5,899.. 22 5,077 5230 5,387 .WORKER'S COMPENSATION 45.716,81.44 47,903 4%140 50,820 HEALTH & WELFARE 1.9,98122 32,245 34209 UNIFORM CLOTHING ALLOWANCE r 3 690 00 999 _-.2-089 �'� 11-22 1,192 . . . . ................ . .. VACATION AND HOLIDAYS ACCRUAL 0,5 4 0 �2,065.04 22,823 22823 23,507 24,213 24213 SUBTOTAL DIRECT LABOR BENEFIT& TAXES 1247,469.35 142,349 . 9 146,620 151,0185 OPERATIONS TOTAL 486,808 518,716 534,277 550,306 MAINTENANCE MAINTENANCE/ (BUS WASHER PAYROLL ,400 53,040 54.631 -16270 MAINTF..NANCE SUS WASHER OVERTIME ,892 7,488 7 71.3 7 944 SUBTOTAL MAINTENANCE WAGES 71292 60,528 62,344 64,214 FICA: 4,630 4.769 4,912 UI: 16 19 123. U' SUI. SU 1 1,103 770 793 817 WORKER'S COMPENSATION 8.555 7,263 7,481 7,706 HEALTH & WELFARE 3,73.9 4,889 5,036 ............. 1�187 UNIFORM CLOTHING ALLOWANCE 1,403 1,084 .1,116 . ......... 1,150 SUBTOTAL MAINTENANCE LABOR BENEFIT/TAXES 20,415 18,752 19,315 19,895 FUEL & LUBRICANTS 241,415 206,247 112,434 ...... 218807 FED & STATE FUEL & LUBE TAX REBATE 10 .019 I L8,5591 (8,8161 (%01101 -REPAIR PARTS AND M 673 28,602 29,460 30,344 ACCIDENT REPAIRS 11,002 16,374 16,866 17,372 TIRES & TUBES ..... . ..... 11.314 13,797 14,211, 637 21-L & I 3L291 12,250 12,617 12,996 -LUB, REPAIRS . ..... 1,1_00 - - - - - -- L,3-80 . 1421 _-_��46L . ............... _LmPN OTHER MAINT. & SUP 1,765 1380 1,421 1,464 I I VEHICLE CLEANING 3,667 . . . . .............. 2,656 2.736 4818 FAREBOX MAINTENANCE 1,489 1070 1A02 1,136 SUBTOTAL 'MAINTENANCE DIRECT EXPENSES 321,696 275,196 275,196 291,956 MAINTENANCE TOTAL 413,403. A 356,855 376,064 GENERAL & ADMINISTRATIVE PROJECT MANAGER ±7,840 49 920 __-5.1,418 1 _52,960 ACCOUNTING / PAYROLL 13,520, FIELD SUPERVISORS 52 000 15 600 16068 _L6,550 SUPERVISORSIDISPATCHERS3.5 . ...... . 360 ..... 42,120 43,384 44,685 . ........ SUPERVISORS DISPATCHERS -OT 2837 . ......... . ..... 3,218 3,314 3,413 . TRAINING WAGES SUBTOTAL PAYROLL EXPENSES 160,605 110,858 1 Im,1833 117,609 FICA: IZ286 8,481 8,735 . . . . ...... 8,997 FUL 374 212 19 219 E2 22-5 Sul: 1,452 1,496 WORKER'S COMPENSATION 3,212 2,217 8 28 4 2,352 HEALTH &WELFARE 8,434 8.955 9,223 9,500 1,SUBTOTAL JTAXES/BENEFITS 26,770 21,275 21,913 22,570 GENERAL & ADMINISTRATIVE TOTAL 187,376 132,132 136,096 140,179 LEASES & RENTALS 11 .00 16 800 17,304 17,823 PROPERTY TAXES . . ................. . 3,000 3,183 ...... 8 . . . . . .......... UTILITIES 3,000.00 3, 3,090 3,183 REPAIRS 6W. 00 600m 618 637 UJANITORIAL 6W1.00 600 618 637 SUBTOTAL FACILITY COST 28,800.00 24,000 24,720 25,4621 USED BUS ----------- Z15 964,88 - I . . . .......... SEDAN 2-373j311:::=2,373 [��2 �373 � 2,3731 .............. .. Current ......... Contractual Amounts YEAR 3 _ ......- YEAR 4 YEAR 5 .... ................ _- SERVICE TRUK 5, 5.94 13 VEHICLE LICENSING & REGIS 1 .00 900 927 927 MOBILE RADIOS 9W00 1,080 1,1121,112. VEHICLE MDT (INCL GPS) 600.00 600 61806,370 618 DISPATCH HARDWARE 250. 300 30930.Y9 SHOP EQUIPMENT 1,000'.00 1,000 1,0301,030 SUBTOTAL CAPITAL LEASES 28:3, 4X32.15 6,253 6,370 UTO LIABILITY INSURANCE 44,337. 982.19 101 16603189 GENERAL LIABILITY .2,25000 ________2,250 2.318 __________2,364 PHYSICAL. DAMAGE INSURANCE 12 150.00 12,150 12.515 1,2.,765 OTHERINSURANCE m SUBTOTAL INSURANCE j 59,337.00 112,619 115,998 1 18,318 DRIVER PERMITS/LICENSESSI3..a.i7 475 490 504 FINGERPRINTING 360.00 293 301 31.0 NOTICE 270. 219 226 233 DRUG TEST .24.3.00 198 203 210 TELEPHONE 4,800.00 3„000 3090 3,183 RADIO AIRTIME 1,9Wd.CJO 2,640 2,719 2.801 SUBTOTAL & COMMUNICATION 8238.00 6,825 7,030 7,241 .._#PULL 'AUTO EXPENSE 1,200.00 600 618 618 OFFICE SUPPLIES -112-00-00600 618 618 POSTAGE EXPENSE 300.00 300 309 309 PRINTING 600.00 600 618 618 m EQUIPMENT MAINTENANCE 240. 60 62 62 ENTERTAINMENT 100. 180 185 185 DUES & SUBSCRIPTIONS 50.00 150 155 155 PAYROLLSERVICE 510.00 297 306 306 SUBTOTAL GENERAL/ADMINISTRATIVE 4,200.00 2,787 2,871 2,871 OTHER MISCELLANEOUS EXPENSE ADVERTISING INCOME ADVERTISING PAYMENT TO CITY 22.000.00 23.1,00 24 255 (25 468 ADVERTISING PAYMENT TO CHAMBER 6'500.OdA'' - ADVERTI.SING PRODUCTION COST 10000:00 10,500 11,025 11,576 BUS SHELTERS MAINTENANCE . 32, _ 33, 35,284 37,049 MIS CHARGE 500.00 525 541 568 OTHER M&S 8000.00 ` SUBTOTAL OTHER MISCELLANEOUS EXPENSE AND INCOME 79,004 21,529 22,595 23,725 TOTAL EXPENSES 1,295,648 1,179,339 1206812 1,250,534 CORPORATE OVERHEAD ALLOCATION 16,800 16,800 16,800 16,800 TOTAL EXPENSES AND OVERHEAD 1311448 1196139 1 223 612 1j267 334 FEDERALISTATE TAXES 19 597 19,597 19,597 16 118 PROFIT 40,294 40 294 40,294 40 294 COST 1,372,339 1,,256,030 1,283,503 1,323, 746 Current Contract Annual Amount 1299,000 1,299 000 1,,299,000 1 299,000 Cost Di erence 42 970,E (15,497) 24,746 % DWereaate TOTAL LIVE HR 17810 21,397 21,397 21,397 -23.09% RATE PER REVENUE HOUR $ 58.70 $ 59,99 $ 61.87 Attachment #2 Transit Services Agreement Page 1 of 8 TRANSIT SERVICES AGREEMENT .......... 1 THIS AGREEMENT is made and entered into this 5th day of June, 2013 by and 2 between the City of Baldwin Park, ("City"), and Southland Transit, Inc {"Contractor"). 3 In consideration of the following mutual covenants, provisions and agreements, 4 and other valuable consideration, the receipt and sufficiency of which is hereby 5 acknowledged, City and Contractor agree as follows: 6 1. SCOPE OF SERVICES. Conttactor agrees to perform during the term of 7 this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" 8 attached to and incorporated into this Agreement as Exhibit "A." g ........2 TER . The..te= of this Agreement sh°alI be -five (5) -years -from JLIIy 1, _ 10 2013 through June 30, 2018. Upon completion of the initial five-year term, at CITY's 11 sole discretion, City,may extend this Agreement twice, each for a two-year (2 -year) 12 term; provided, that any changes in the terms and conditions of this Agreement are 13 mutually agreed upon by both parties. 14 2. Q0.MFEN An0N. City shall pay for the services performed by Contractor 15 pursuant to the terms of this Agreement at the time and manner set forth in the 16 "Schedule of Compensation" attached to and incorporated into this Agreement as 17 Exhibit "B." 18 3. QUALITY OF SERVICE. The quality of service provided is a primary and 19 essential component of this Agreement. The level of compensation for services is 20 contingent upon Contractor meeting the performance standards listed in Exhibit "A." 21 Reductions in compensation for services levels not meeting the performance standard 22 are enumerated in Exhibit "A." Transit Services Agreement Page 2 of 8 1 4.i_�DIT OR„ EXAMINATION. Contractor shall keep all records of funds 2 received from City and make those records accessible for audit or examination for a 3 period of three years after final payments are issued and other pending matters. 4 5. STATUS OF CONTRACTOR. Contractor shall provide all necessary 5 personnel, equipment and material, at its sole expense, in order to perform the services 6 required of it pursuant to this Agreement. For the purpose of this Agreement, Contractor 7 shall be deemed, for all purposes, an independent contractor and shall have control of 8 all work and the manner in which it is performed. Contractor shall be free to contract for 9 similar services to be performed for other entities while under contract with City. 10 Contractor is not an agent or employee of City, and is not entitled to participate in any 11 pension plan, insurance, bonus or similar benefits City provides for its employees. 12 Contractor shall be responsible to pay and hold City harmless from any and all payroll 13 and other taxes and interest thereon and penalties, therefore, which may become due 14 as a result of services performed hereunder. 16 6. ASSIGNMENT. This Agreement is for the specific services with Contractor 16 as set forth herein. Any attempt by Contractor to assign any or all of the benefits or 17 burdens of this Agreement without written approval of City is prohibited and shall be null 18 and void; except that Contractor may assign payments due under this Agreement to a 19 financial institution. 20 7. RIGHT TO UTILIZE OTImIERS. City reserves the right to utilize others to 21 perform work similar to the Services provided herein. 22 8. COMPLIANCE WITH LAW. Contract services shall be provided in 23 accordance with the applicable laws and regulations of all governmental agencies that 24 are in force at the time services are performed. Contractor shall be responsible for 25 becoming aware of and staying abreast of all such laws and ensuring that all services Transit Services Agreement Page 3 of 8 1 provided hereunder conform with such laws. The terms of this Agreement shall be 2 interpreted according to the laws of the State of California. 3 9. LIABILITY. Contractor shall indemnify, defend and hold harmless City and 4 its officials, officers, and employees against any and all actions, claims, judgments, 5 awards, damages, liabilities, losses or expenses of whatsoever kind, name or nature, 6 including legal costs and reasonable attorneys' fees, (the "Damages") arising out of or 7 connected : in any way to Contractor's or any or of its agents', employees', 8 subcontractors', or invitees' performance of this Agreement, ; provided, however, the 9 above obligation to indemnify is only to the extent Contractor or any of its agents, 10 employees, subcontractors, or invitees cause the Damages. 1 1 10. IN SURA 11111CE, Contractor shall maintain insurance coverage in 12 accordance with the requirements and limits stated in the Scope of Work and the 13 following: 14 (A) Worker's Compensation Insurance - minimum $1,000,000, or other 15 amount as required by law, 16 (B) Liability Insurance - $5,000,000 17 1. Comprehensive General Liability Insurance 18 • including premises and operations, contractual liability, 19 personal injury and independent Contractors' liability 20 a Personal or Bodily Injury 21 0 Property Damage 22 0 Combined single limit of $10,000,000, 23 2. Comprehensive Automobile Liability Insurance 24 including as applicable owned, hired and non -owned 25 automobiles with coverage for Personal or Bodily Injury Transit Services Agreement Page 4 of 8 1 Property Damage -- $5,000,000, single limit, per occurrence; 2 or Combined single limits of $10,000,000. 3 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be 4 prepared pursuant hereto shall, upon the completion thereof, be deemed for all 5 purposes to be the property of City. City's ownership of documents includes any and all 6 analysis, computations, plans, correspondence and/or other pertinent data, information, 7 documents, and computer media, including disks and other materials gathered or 8 prepared by Contractor in performance of this Agreement. Such work product shall be 9 transmitted to City within ten (10) days after a written request therefore. Contractor may 10 retain copies of such products. 11 12. RECORDS AND INSPECTIONS. Contractor shall maintain full and 12 accurate records with respect to all services and matters covered under this Agreement. 13 City shall have free access at all reasonable times to such records, and the right to 14 examine and audit the same and to make transcripts there from, and to inspect all 15 program data, documents, proceedings and activities. Contractor shall maintain an up - 16 to -date list of key personnel and telephone numbers for emergency contact after normal 17 business hours. 18 13. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City 19 with a complete Request for Taxpayer Identification Number and Certification, Form W- 20 9, as issued by the Internal Revenue Service. 21 14. CONFLICT OF NFERE T. Contractor agrees any conflict or potential 22 conflict of interest shall be fully disclosed prior to execution of contract and Contractor 23 shall comply with all applicable federal, state and county Iaws and regulations governing 24 conflict of interest. Transit Services Agreement L Page 5 of 8 1 15. POLITICAL ACTIVTTY OBB""LIN ERTIFIQNTION. Contractor may not ....�. 2 conduct any activity, including any payment to any person, officer, or employee of any 3 governmental agency or body or member of Congress in connection with the awarding 4 of any federal contract, grant, loan, intended to influence legislation, administrative 5 rulemaking or the election of candidates for public office during time compensated 6 under the representation that such activity is being performed as a part of this 7 Agreement. 8 16., RIGHT TO TERMINATE. City may terminate this Agreement at any time, 9 with or without cause, in its sole discretion, with ninety -days' (90-days')written notice. 10 17 11 "16" of this EFFECT OF TERMINATION. Upon termination as stated in Paragraph Wreement, City shall be liable to Contractor only for work satisfactorily 12 performed by Contractor up to and including the date of termination of this Agreement, 13 unless the termination is for cause, in which event Contractor need be compensated 14 only to the extent required by law. Contractor shall be entitled -to payment for work 15 satisfactorily completed to date, based on proration of the compensation set forth in 16 Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out 17 billing. 18 18. LITIGATION FEES. If .litigation arises out of this Agreement for the 19 performance thereof, then the court shall award costs and expenses, including 20 reasonable attorney's fees, to, the prevailing party. In awarding attorney's fees, the 21 court shall not 'be bound by any court fee schedule but shall award the full amount of 22 costs, expenses and attorney's fees paid and/or incurred in good faith. `Prevailing 23 Party" shall mean the party that obtains a favorable and final judgment. If litigation 24 occurs, venue shall be in the Superior Court of Los Angeles County. This paragraph 25 shall not apply and litigation fees shall not be awarded based on an order or otherwise 26 final judgment that results from the parties' mutual settlement, arbitration, or mediation Transit Services Agreement 1 of the dispute. Page 6 of 8 2 19. COVENANTS AND CONDITIONS. Each term and each provision of this 3 Agreement to be performed by Contractor shall be construed to be both a covenant and 4 a condition. 5 20. INTEGRATED AGREEMENT. This Agreement represents the entire 6 Agreement between City and Contractor related to the subject matter herein. No verbal 7 agreement or implied covenant shall be held to vary the provisions of this agreement. 8 This Agreement shall bind and inure to the benefit of the parties to this Agreement, and 9 any subsequent successors and assigns. 10 20. MODIFICATION TIO AG1- EE EN" n This Agreement may not be modified, 11 nor may any of the terms, provisions or conditions be modified or waived or otherwise 12 affected, except by a written amendment signed by all parties. 13 21. DESIGNATED REPRESENTATIVES. Contractor's Designated 14 Representative (A) designated below shall be responsible for job performance, 15 negotiations, contractual matters, and coordination with City. City's Designated 16 Representative (B) designated below shall act on City's behalf as Project Manager. (A) Scott Transue Vice President/COO Southland Transit, Inc. 3650 Rockwell Avenue EI Monte, CA 91731 (626) 258-1310 (B) Vijay Singhal Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011, ext 482 Transit Services Agreement Page 7 of 8, 1 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may 2 be given by personal delivery or by mail. Notices shall be directed to Contractor and 3 City's Designated Representative identified in Paragraph "21" of this Agreement. 4 Contractor shall send a copy of all notices to the City Attorney. City Attorney: Joseph W. Pannone / Aleshire & Wynder, LLP 2361 Rosecrans Avenue, Suite 565 El Segundo, CA 90245-4916 (310) 527-6660 Transit Services Agreement Page 8 of S IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk CITY OF BALDWIN PARK n Manuel Lozano, Mayor Dated: CONTRACTOR: Southland Transit, Inc Its� Dated: /7 2c, /3 Its �m�^...... . Dated: 5 - /7— 2--'/ 3 Transit Agreement Exhibit A — Scope of Service Scope of Work Page 1 of 20 TRANSIT SERVICES AGREEMENT —Exhibit A Scope of Services 1 A. i rocll 2 Monitoring: Contractor shall establish adequate monitoring systems, both 3 administratively and in the field, to assure quality of service. 4 Key Staff: Contractor shall identify key staff, including a single contact person with 5 whom City will have regular contact on daily operational issues. Said key staff shall be 6 available to City staff during regular business hours and available to dispatch staff at all 7 times when vehicles are operational. In addition, City will require identification of key 8 management level persons with whom City representatives may require periodic 9 contact. 10 B. Service 11 The Hours and Days of Operation for Fixed -route and Dial -A -Ride services are 12 described in the Time and Schedule for Performance shown as Exhibit "C" of this 13 Agreement. Further descriptions and details are also contained therein including: 14 Descriptions of Service Modes 15 Service Modes Hours of Operation 16 Holiday Services and Hours 17 C. Purchase of Optional tions Service. 18 In addition to regular operations, Contractor may, from time to time, upon receiving 19 specific written authorization from City, be required to provide special transportation 20 services using Transit Service vehicles. 21 D. Calculation of Revenue Service Hours 22 Full compensation for the maintenance, management, and operation of City's Transit 23 Services shall be made based upon the Revenue Service Hours provided for the Fixed Transit Agreement Page 2 of 20 Exhibit A — Scope of Service Scope of Work 1 Route at the Fixed Route rate and based upon the Revenue Service Hours for the 2 Variable (Dial -a -Ride) service at the Variable service rate. 3 The definition of a Revenue Service Hour is the actual time the vehicle is available to 4 the general public and there is a reasonable expectation of carrying passengers that 5 directly pay fares. Definitions by mode follow: 6 1. Fixed -route service definition: The time from the beginning of the first published 7 route start -time, through to the end of the last run of the day (published route end 8 times), exclusive of any time when the vehicle is not running due to driver breaks, lunch 9 breaks, fueling time or downtime for a road call. Payment shall not be made for runs 10 scheduled but not provided. The time from the transportation yard to the beginning of 11 the route and from the end of the route back to the transportation yard shall not be 12 included in the Revenue Service Hour. Fueling time is never considered a Revenue 13 Service Hour. 14 2. Demand response definition: The time from,when a vehicle makes its first pick-up 15 through the time of its last drop-off, excluding driver breaks and lunch breaks, fueling 16 time and downtime for road calls. Driver time to and from breaks, as well as lunch 17 breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but 18 rather "dead head" miles if bus refuels mid-day. 19 E. unit to Services 20 It is expected that Transit Services will be periodically adjusted, as determined by City 21 at its sole discretion. Modifications may include but are not limited to, adding or deleting 22 bus stops, extending, deleting or adding routes, or parts of routes, and increasing or 23 decreasing service hours by up to 15% in either direction without changing the revenue 24 service hour rate. This increase or decrease shall be considered from a base figure of 25 28,320 annual revenue hours. Transit Agreement Page 3 of 20 Exhibit A — Scope of Service Scope of Work 1 Any such increase or decrease in the number of service hours by up to 15% in either 2 direction shall not require a modification of the revenue service hour rates set forth in 3 the "Schedule of Compensation" attached to and incorporated into this Agreement as 4 Exhibit "B." 5 F. Resources and Facilities 6 Changes in the number of service hours greater than 15% initiated by City shall result in 7 a negotiated rate determined and agreed to by City and Contractor. Contractor shall 8 supply City with documentation of changes in costs resulting from the modification of 9 the number of service hours or change in the Scope of Work and City shall, in its sole 10 discretion, determine the allowable adjustment to rates for revenue service hours. 11 G. Resources and Facilities 12 Contractor shall provide adequate resources to perform the work as described, 13 providing City with a quality service that is responsive to customers_ Contractor facilities 14 shall be located such that Contractor can meet the requirement of bringing a back-up 15 vehicle into service within fifteen (15) minutes. This means that the back-up vehicle 16 shall be in service within fifteen (15) minutes of notification of the in-service problem. 17 This standard shall apply to both fixed -route and demand service modes. 18 Contractor is expected to sell bus passes and tokens and may elect to do so from its 19 operating yard or exclusively on the vehicles. Information as to the location of bus pass 20 and token sales by Contractor shall be added to the Transit Service brochure by City. 21 H. _gtfi Ment -- Vehicles 22 City shall provide Contractor with Transit Service vehicles. City shall provide vehicle 23 licenses and registration. Those vehicles are provided "as is" and absolutely no 24 allowance shall be granted to Contractor for any item involving deferred maintenance in Transit Agreement Page 4 of 20 Exhibit A - Scope of Service Scope of Work 1 transit vehicles provided. City shall cause transit vehicles to be inspected prior to end of 2 this Agreement by an independent third party selected by City. City will require 3 Contractor to make complete any repair deemed deferred by City. Those vehicles shall 4 be used only for the Transit Services, unless otherwise authorized by City. 5 I. Fuel 6 Contractor is responsible for all fueling costs for Transit vehicles. 7 J. Other Enuimen 8 1. Radios - Transit vehicles are equipped with City -owned radios. Radios are 9 provided on an "as is" basis. Contractor shall be responsible for proper maintenance, 10 licensing and replacement when required of said equipment and shall comply with all 11 applicable federal statutes and regulations in connection with such use. 12 2. Phone Number and TDD. Contractor shall provide a reservation phone number 13 and Telecommunication Device for the Deaf (TDD). Contractor shall be responsible for 14 the installation, maintenance and proper performance of the equipment. 15 Contractor shall supply at least five (5) dedicated incoming reservation lines in rotary for 16 Transit Services. The telephone system must be capable of handling 60-100 calls 17 during the peak hours. Contractor shall bear all applicable charges associated with 18 maintaining and operating the reservation phone lines and equipment. Upon termination 19 of this Agreement City reserves all right to the continued use of Transit Services 20 reservation phone lines and numbers. 21 Contractor is responsible for ensuring that Transit Services are posted on its website 22 and that City is provided with copy in a format suitable for inclusion on City's website. 23 Contractor shall specify the telephone number, other than the customer service number, Transit Agreement Exhibit A - Scope of Service Scope of Work Page 5 of 20 1 by which to facilitate communication between Contractor Project Manager and City. 2 3. Computer -Assisted Dispatching Software. Contractor shall utilize computer - 3 assisted software to facilitate the smooth operation of demand response services. A 4 windows -based product should be considered. Contractor will be responsible for making 5 key staff persons available for the required number of training hours and/or days and for 6 the subsequent implementation and ongoing use of the software package. 7 4. Maps. Contractor shall provide its staff (dispatch and demand response drivers) 8 with current Thomas Brother Guide maps, electronic equipment containing such maps, 9 or a reasonable substitute thereof. 10 • K. 11 Contractor shall be solely responsible for the provision and satisfactory work 12 performance of all employees. City shall have the right to demand removal from the 13 project, for reasonable cause, any personnel furnished by Contractor, throughout the 14 term of this agreement. 15 1. Staffing of Dispatch Office: Personnel with dispatch capabilities shall staff 16 Contractor's office during revenue service hours (all times when vehicles are in revenue 17 service). Telephone service shall be provided at Contractor's expense. This shall 18 include special service periods, such as later evening service and holiday service when 19 the Dial -a- Ride is in operation. 20 2. Project Manager: The named project manager shall be available to City staff 21 during regular business hours. The project manager shall not be replaced without 22 naming a replacement acceptable to City and, to the extent possible, ensuring sufficient 23 lead-time/ training time to minimize any gap in on-site management. Transit Agreement Exhibit A — Scope of Service Scope of Work Page 6 of 20 1 3. Driver Qualifications: Contractor shall furnish drivers who are at all times: 2 • Legally licensed to operate a bus in the State of California with a valid California 3 Class B driver's license and medical examination certificate, as well as any other 4 licenses required by applicable Federal, State or local regulations. 5 • Alert, careful, courteous and competent in their driving habits. 6 • Neat and clean in appearance and properly uniformed. At contractor's expense, 7 each driver shall be provided with a minimum of two uniforms of a color to be 8 approved by City. 9 10 Drivers, who shall each be enrolled in the DMV pull notice program, shall meet the 11 following requirements: 12 No more than three (3) moving violations during the five (5) year period 13 preceding application for this program; 14 • No more than one (1) moving violation within the twelve (12) month period 15 preceding application for this program; this will continue to be monitored during 16 each semi-annual review of the driving record; 17 • No reckless driving violations shall be allowed; evidence of reckless driving 18 violation shall be grounds for removal from this program; 19 Prior to employment must not have been convicted of any felony or drug or 20 alcohol offense and, if convicted after employment of such offense, shall be 21 considered grounds for immediate dismissal from this program; 22 • Under no condition shall an applicant be accepted as a driver for this program if 23 he or she has ever been convicted of a felony and/or he or she has ever been 24 convicted of a drug or alcohol offense or had his or her license suspended due to 25 a drug or alcohol offense. City shall review and consider any license suspension 26 for reasons other than drug or alcohol. Transit Agreement Page 7 of 20 Exhibit A — Scope of Service Scope of Work 1 4. Testing and Driving Records: To the extensive legally permissible, Contractor 2 shall provide a program for drug testing of drivers and other personnel in a form 3 reasonably acceptable to City. Contractor shall have in place pre-employment and 4 random testing procedures in full compliance with Federal drug -testing law (40 USC, 5 Section 702, Drug -Free Workplace Act, 1988; 40 CFR, Part 29.600-29.635, Subpart F. 6 Drug -Free Workplace). 7 Contractor shall submit to City semi-annually, updated listings of drivers employed to 8 provide service to the Transit Services operations. In no event shall Contractor employ 9 any person as a driver who possesses a driving record with a citation for driving under 10 the influence or a history of motor vehicle moving violation or accidents. 12 • Defensive driving 13 0 Emergency first aide 14 + Cardio -pulmonary resuscitation 15 • Passenger assistance techniques, including operation of lift -equipment 16 0 Los Angeles County's fixed -route service standards related to persons with 17 disabilities and complementary paratransit service standards related to 18 persons with disabilities 19 . General vehicle handling and safety Passenger relations 20 "New Hire" training shall be no less than the minimum required by law and shall include 21 both classroom and behind -the -wheel training. Drivers are required to receive at least 22 50% of their defensive driver training and the "hands on" portion of the sensitivity 23 training prior to providing service in this program. All remaining new—hire driver training 24 must be completed no more than thirty (30) days after any given driver begins providing Transit Agreement Exhibit A — Scope of Service Scope of Work 1 service.. Page 8 of 20 2 "Refresher" training is required for all drivers on an annual basis and may be addressed 3 , through routine safety meetings. Monthly safety meetings shall be conducted for ail staff 4 associated within this contract to advise them of changes in procedure and to reinforce 5 practices related to provision of quality service. Contractor shall maintain records of 6 new -hire training completion and safety meeting attendance. 7 6. Driver Responsibilities: In addition to their routine driving responsibilities, drivers 8 will, when requested by City, hand out notices to passengers or otherwise render 9 assistance in City's monitoring and marketing activities. Drivers are required to collect 10 fares, tokens, and honor special passes, accept and distribute transfers. If City 11 implements an alternative cashless fare -paying method, then the drivers will be 12 expected to attend City -provided training associated with any new fare 13 payment/passenger data collection device and, following the training, to properly utilize 14 such equipment on their vehicles. 15 City may occasionally require driver cooperation and assistance with on -board 16 passenger surveys, bus stop alighting counts, or similar data collection processes 17 during the course of the regular service day, 18 7. Maintenance Manager. Contractor shall provide the services of a qualified 19 maintenance manager. This individual may be the lead mechanic. 20 The Maintenance Manager shall have a minimum of three years journeyman level 21 experience, including experience working on transit -type vehicles and experience in 22 directing the work of other maintenance personnel. 23 L. t=ares 24 1. Passenger Fares: Passenger fares wi i be collected from every person boarding Transit Agreement Page 9 of 20 Exhibit A — Scope of Service Scope of Work 1 the vehicle, with the exception that children age 1 and younger are free when 2 accompanied by a fare paying adult. Some exceptions in fare payment may be 3 extended by City policy. City reserves the right to adjust passenger fares at any time. 4 Fares received by the operator shall be enumerated daily by mode (demand response 5 vs. fixed route) and ideally by route. Contractor shall be responsible for tracking varying 6 fare programs (i.e. Easy -pass program, Kaiser Hospital employee discount program, 7 senior discount fares, etc.) 8 2. Fare Collection and Reporting: Contractor personnel shall be responsible daily 9 for counting fare box revenue. Fares shall be credited to City in the monthly invoice, 10 reported at minimum by mode of service. City reserves the right to audit passenger 11 fares and fare collection procedures at any time, at its sole discretion. 12 M. Maintenance 13 1. Vehicle Maintenance: All vehicles used in service to City shall be maintained in 14 safe, comfortable and clean working order. Contractor at its sole cost and expense, 15 shall provide all repairs, parts, lubricants and supplies required for operation of buses. 16 Contractor shall ensure that adequate preventive maintenance is in place at reasonable 17 intervals to forestall the need for major repairs. Contractor shall have the facilities and 18 personnel to provide all routine repairs, although sub -contracts for bodywork or selected 19 major repairs are acceptable. Maintenance records must be maintained and kept 20 current and submitted monthly with contractor invoice package. All vehicle repair or 21 maintenance work must be performed or approved by a certified vehicle mechanic. 22 Contractor personnel must have the ability to repair or to procure service for accessory 23 equipment such as, but not limited to, fare boxes, radios and lift equipment. 24, 2. CHP Terminal Yard Inspections. Contractor shall obtain satisfactory ratings from 25 the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal Transit Agreement Page 10 of 20 Exhibit A — Scope of Service Scope of Work 1 inspection and certification process, pursuant to the California Vehicle Code (Section 2 34501 (c) and (e). Contractor shall provide City with a copy of the inspection certification 3 and documentation of the repair or replacement of any items so cited within thirty (30) 4 days of receipt from California Highway Patrol. Contractor shall notify City within twenty - 5 four (24) hours of an "unsatisfactory" rating. In the event of such a rating, Contractor is 6 required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) 7 days and to be responsible for scheduling a repeat inspection with the California 8 Highway Patrol. 9 3. Safety Inspections: Contractor shall perform daily safety inspections of vehicles 10 prior to beginning each day's service. Vehicles failing the daily inspection shall not be 11 used in service until the reason for failure is corrected. City reserves the right to ensure 12 that vehicles are properly maintained and in safe operating condition at all times. For 13 passenger comfort, the heating and air conditioning units of all vehicles must be kept in 14 proper working order. 15 City may inspect vehicles at any reasonable time and may bar'a vehicle from a service 16 until any identified problem is corrected. Contractor may be required, at Contractor's 17 expense, to transport the vehicles to City's designated inspection facilities. Contractor is 18 required to replace all vehicles taken out of service with similar -type, unmarked vehicles 19 to minimize service interruptions. 20 4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out. 21 Vehicle interiors shall be cleaned prior to each day of service, including daily sweeping 22 and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, 23 seats, handrails and stanchions, and inside windows shall be required. Interior of 24 vehicles shall be cleaned sufficiently that they are odor -free, as determined by City in its 25 sole discretion. A biological hazard clean-up kits will be available on each bus for 26 incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed Transit Agreement Page 11 of 20 Exhibit A — Scope of Service Scope of Work 1 at least once weekly or more often if needed. Contractor shall maintain an up-to-date 2 record of all washings and major cleanings. Said record shall be made available to City 3 upon request. 4 Vehicles may be removed from service upon request by City for unacceptable interior or 5 exterior appearance or unacceptable odor. 6 5. Graffiti: Graffiti shall be removed from vehicles daily. 7 6. Physical Damage: All physical damage to vehicles shall be repaired within ten 8 (10) working days of occurrence in a high quality manner, regardless of cause. Any 9 extension of days required for repair must be authorized by City. 10 7. Security: Contractor shall provide for sufficient security at Contractor's yard in 11 order to ensure adequate protection of the vehicles in use for this service. 12 13 8. Bus Shelter Maintenance. Contractor will be required to maintain approximately 14 64 bus shelters. 15 16 Maintenance of Bus Shelter shall be performed twice weekly including: 17 • Steam cleaning and wiping down of benches and seating surfaces. 18 Wiping down surfaces of display kiosk and shelter structure 19 Cleaning surfaces of bird waste 20 • Removing graffiti 21 Cleaning trash receptacles as needed 22 • Replacing light bulbs 23 • Informing the City of damage to the shelters 24 25 Bus Shelter items requiring monthly maintenance includes: 26 o Cleaning solar panels 27 0 Replace batteries for lights and / or solar panels Transit Agreement Page 12 of 20 Exhibit A — Scope of Service Scope of Work 1 • Paint minor damaged surfaces with matching color and quality paint 2 City at its sole discretion may choose to perform the bus shelter maintenance in lieu of 3 Contractor perfon-ning the bus shelter maintenance. If City chooses to perform the bus 4 shelter maintenance Contractor shall pay to the City $2,667 per month. 5 1 6 N. Americans with Disabilities Act 7 1. Contractor shall assist City in fully complying with elements of the Americans with 8 Disabilities Act of 1990 as it relates to operation of the fixed -route service. 9 2. Customer comments / complaints received by City shall be transmitted 10 Contractor for responses, within twenty-four (24) hours. Complaints received directly by 11 Contractor shall be similarly documented. A monthly report shall be transmitted to City 12 for review. within 10 days of the month end. If City receives two or more verifiable 13 customer complaints on the same driver within one quarter, City reserves the right to 14 request that the driver be removed from this program. 15 O. Accident, Incident° taw Emergpn.gy. Procedures 16 1. Accidents or Incidents. City requires Contractor to have an accident/incident and 17 emergency notification program that keeps City notified of accidents/incidents or 18 emergencies and the progress of claims to assure City that claims are promptly and 19 fairly handled. All accidents must be reported to City by telephone within three hours or 20 at the beginning of the next business day, if the accident occurs at night, and in writing 21 within 24 hours. Incident reports filed by drivers must be provided to City on, at 22 minimum, a once weekly basis. Contractor must assume all liability, including, but not 23 limited to. for accidents and worker compensation claims. 24 2. Emergencies. Contractor shall comply with all local, state and federal disaster 25 preparedness and emergency preparedness and response standards, procedures and 26 protocols, including, but not limited to, those which may be established by the State Transit Agreement Page 13 of 20 Exhibit A — Scope of Service Scope of Work 1 Office of Emergency Services (OES) and the Federal Emergency Management 2 Administration (FEMA). Contractor shall be familiar with the Incident Command System 3 (ICS), and, if requested by City, and at no additional cost to City, Contractor shall 4 cooperate with, and participate in, any disaster/emergency response exercise 5 scheduled by City. Any request for Contractor to participate in such an exercise shall be 6 made in writing at least thirty (30) days prior to the scheduled date of the exercise. 7 Within one hundred eighty (180) days after the effective date of this Agreement, 8 Contractor shall submit to City for review and approval its Emergency Response Plan of 9 operations. 10' In the event of an emergency or natural disaster, Contractor shall make available, to the 11 ' maximum extent possible, transportation and communications services and facilities to 12assist City in ameliorating such incidents. To the extent City Teggiz s Contractor to. ......... 13 provide_ such emergency services and facilities Contractor shall be relieved of the 14 obligation to fulfill the duties and responsibilities to operate services herein above 15 contained. Further, Contractor shall be entitled to be paid reasonable compensation for 16 providing such emergency services and facilities, provided however, that the amount of 17 such compensation and time of its payment shall be mutually agreed upon by 18 Contractor and City following the conclusion of the emergency or disaster, or at such 19 other time as they may mutually agree. Training of personnel in emergency procedures 20 shall be the sole responsibility of Contractor and shall be included in the new hire and 21 monthly safety meeting training program. 22 P. l vor ing.(_iL4 Ment by it 23 Contractor shall submit a detailed invoice to City on a monthly basis. City will pay 24 Contractor within fifteen (15) working days from the date of submission, contingent upon 25 receipt of a Monthly Operations Summary containing passenger, other requested 26 operating statistics, summary of fares collected, and the corresponding fares credit to 27 City. Without Contractor's timely submittal of the monthly reporting summaries the Transit Agreement Page 14 of 20 Exhibit A - Scope of Service Scope of Work 1 monthly invoice will not be paid. City may, at any time, conduct an audit of any and/or all 2 records kept by Contractor related to this service. 3 Q. Revenue to Cit Tayinentb Contracto r 4 Contractor shall also submit a payment to City for the advertising rights to use the Bus 5 Shelters and the large buses. Currently twenty bus shelters are outfitted with 6 advertising kiosks. The revenue to City shall be fixed at the rate of $25 per Bus Shelter 7 (58) per month and $100 per Large Bus (4) per month. The Bus Shelters are listed in 8 Attachment 1 of the Scope of Services. 9 Based on fifty-eight bus shelters and operating four large buses, the revenue required 10 paid to City is $1,850 per month. The actual advertising revenue generated as managed 11 by Contractor shall belong to Contractor. Contractor may increase the intensity of 12 advertising to include bus shelters not currently advertising. However, if City adds bus 13 shelters outfitted with advertising kiosks, the revenue to City in connection with the 14 added kiosks shall be negotiated between City and Contractor. 15 Contractor shall not permit advertising of tobacco products, alcohol or any adult material or 16 content including advertising for adult conventions or events. Contractor shall also not 17 advertise any material relating to any event, movies or otherwise that may be sexual in 18 nature. At the request of the City the contractor shall remove any obiectionable 19 advertisement immediately but no later than within 24 hours. The City may also at anytime 20 itself remove any advertisements, which it ends objectionable. 21 City may choose to exercise advertising rights itself, in such case the contractor shall not be 22 obligated to pay the advertising revenue to City. However, any prior agreements made by 23 Contractor and therefore binding Contractor to provide advertising in the Bus Shelters shall 24 be honored by City for the duration of agreement between Contractor and the advertiser 25 R. Records i Mcg Reports 26 City will work closely with Contractor in monitoring use patterns of service and the 27 viability of the schedules. Changes to the routing and/or scheduling, as it relates to Transit Agreement Page 15 of 20 Exhibit A — Scope of Service Scope of Work 1 improving the quality of local services and potentially connecting with regional 2 transportation services, may be anticipated and will require the cooperative efforts of 3 Contractor and City. 4 Monthly reporting will be required of Contractor in a format that will comply with NTD 5 Reporting. Routine reporting requirements over the term of this Agreement'will include 6 but may not be limited to the data items detailed below. City reserves the right to 7 request modifications or additions to Contractor's reporting format and content. 8 Monthly reporting by service type and route to City shall include, at a minimum, but not 9 limited to: 10 • Total Passengers — number of riders (noting fare type, free boardings and 11 transfers for in—service vehicles, system wide and by route.) • i-asse:nger i oarriing on tree l-irT—. 13 • Total Vehicle revenue Hours — number of hours vehicles are in revenue 14 operation, system wide and by route 15 • Total Vehicle Hours — including deadhead, system wide and by route. 16 Total Vehicle Revenue Miles — number of miles vehicles travel in revenue 17 service, system wide and by route. 18 . Total Vehicle Miles Report — detailing revenue service and deadhead mileage (to 19 include training, maintenance or other mileage), system wide and by route or 20 service type. 21 • Total Revenues Collected — total cash fares collected from passengers and total 22 non-cash fares recorded, system wide and by route. 23 • Total transfers issued for Fixed -Route — by fixed -route mode only. 24 • Total transfers received for Fixed -Route — by fixed -route mode only. 25 0 Total Accidents and Road Calls — All types. Transit Agreement Exhibit A — Scope of Service Scope of Work Page 16 of 20 1 0 Passenger Use of Bike Racks -Fixed route, system wide, and by route. 2 0 Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. 3 10 No -Shows, Cancellations and Trips Completed - Demand response service and 4 by mode. 5 • On -Time Performance - sample .from each route of at least five time checks per 6 route per reporting period, reporting percent of time vehicles are at time points 7 zero minutes early and up to five minutes late of time points checked. _ 8 Missed Service Hours - hours or fractions thereof of scheduled service not 9 provided. 10 Q Accurate hours worked per month for all employees for computation of FTEs. 11 At City's request, bus stop counts of passenger on-off counts by stop will be collected 12 by the driver or other staff, as mutually agreed to by City and Contractor. 13 14 Contractor personnel are also expected to report missing bus stop signs, damaged or 15 graffiti bus stops or bus stop shelters observed during the course of normal transit 16 operations. Contractor personnel are asked to report accidents or suspicious activity 17 observed during the course of normal transit operations. Contractor records shall be 18 stored for no less than five (5) years after end of contract term or termination, final 19 payment in a safe and secure place. 20 S. Quality -pt Sergipe 21 The following represents the minimum quality of service that is contemplated by this 22 agreement. Based on the previous performance history of transit service within City 23 those standards are achievable and represent the reasonable expectations of City and 24 transit riders. The level of compensation for services is contingent upon Contractor 25 meeting the performance standards. The following table lists the minimum quality of 26 service. Transit Agreement Page 17 of 20 Exhibit A — Scope of Service Scope of Work 1 Baldwin Park Transit Service Standards MEASURE N STANDARD Fixed -Route Services A. On -Time Performance (zero minutes early and up to five 95% minutes after the scheduled arrival time) B. Scheduled Hours of Operation (completion of scheduled 99.5% service hours C. Productivity (in passenger per hour) 10.0 Dial -a -Ride Service _ _.. __..._. _..�. A. On -Time - pick up within 40m - _ inute window of call, based >_ 90% B. Average Wait -Time (elapsed 40 min. time between an 40 minutes immediate service request and passenger pick-up) C. Average Service Time (wait -time plus ride time although <_ 60 minutes may be longer for service to/from outlying areas) D. City DAR Productivity (passengers per hour) '� >_ 4.5 pass. per hour E. No -Shows (per reporting period) 5% Overall System .._ .—..u..� ,._s_W� m..... A. Customer Complaints (verifiable complaints, 3 monthly not 3 monthly including questions or comments B. Average Time Hold (Reservation Line) 60 seconds 2 T. Performance Standards and Com ensati+n 3 Contractor shall provide timely and reliable transit service. This includes maintaining 4 high trip completion levels and operating within the specified arrival and departure Transit Agreement Exhibit A - Scope of Service Scope of Work 1 times.. Page 18 of 20 2 1. Missed service times in excess of four (4) scheduled service times in any 30 -day 3 period shall result in Contractor reducing compensation for that 30 -day period in the 4 amount of Sixty Dollars ($60.00) for each separate instance of service time missed in 5 excess of one-half hour, with a maximum 30 -day period reduction of One Thousand 6 Dollars ($1,000). 7 2. On-time performance standard is 95% of sampled runs per calendar month. 8 Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250.00) per 9 calendar month in calendar month when trips sampled in that calendar month have an 10 on-time performance rate below 9??5??%. 11 3. Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250) per 12 calendar month in any calendar month when customer complaints, verified by City to 13 have a basis in fact, exceed a rate of eight (8) per 10,000 passenger trips during that 14 calendar month. 15 U. Ongoing Planning and M rkefiit2g 16 Contractor shalt participate with City in the design and implementation of any 17 reasonable changes in the system's operating characteristics. Also, recognizing 18 Contractor's expertise, Contractor shall advise City of any observations that suggest 19 modifications to the service may be warranted — in such areas as routing, scheduling, 20 marketing, and so forth -- for purposes of improving the transit service. Implementing 21 Contractor's suggestions shall be at City discretion. 22 City shall be responsible for the design, printing, and procurement of all schedules, 23 passes, tickets and like materials required by service operations. Contractor shall assist 24 with distribution and dissemination of such materials in accordance with the provision of Transit Agreement Page 19 of 20 Exhibit A — Scope of Service Scope of Work 1 this Scope of Work and under directions subsequently provided by City. 2 City is exploring electronic fare media and may, during the term of this agreement, elect 3 to install electronic fare payment equipment, at City's expense. 4 V. Insurance 5 Contractor, simultaneously with the execution of this Agreement, shall furnish 6 certificates evidencing that the required worker's compensation and liability insurance is 7 in effect. 8 Evidence of California Worker's Compensation Insurance with Statutory Coverage and 9 Employer's Liability limits shall meet all State minimum requirements. A waiver of 10 Subrogation Endorsement in City's favor shall also be required from Contractor's City, 11 its officials, agents, and employees shall be named as additional insureds and various 12 requirements in this Agreement regarding endorsement of City shall be complied with, 13 including the provision to City of a Certificates of Insurance and additional insureds 14 endorsements of the type and amounts specified, provided to the City prior to the start 15 of the fixed -route service. Insurance offered to meet City requirements from this project 16 must be maintained with firms licensed in Califomia and recognized by the State with 17 current A.M. Best's rating of no less than "A." 18 W eco of New Vehicles and at Contract End 19 Contractor shall acknowledge receipt of the vehicles and equipment, as well as vehicles 20 subsequently added to the fleet, and that said items have been received in good 21 condition and working order. City will inspect the vehicles prior to award of contract and 22 periodically during the term of this Agreement. 23 When new vehicles are received by City, Contractor shall assist City and may, if 24 directed, act as agent of City in new vehicle inspections, prior to approving vehicles for Transit Agreement Exhibit A — Scope of Service Scope of Work 1 placement into service. Page 20 of 20 2 Upon termination of this Agreement contract, Contractor shall return all City- or County - 3 owned equipment, with no deferred maintenance or damage, less reasonable wear and 4 tear. Contractor shall, at its sole expense, repair or replace any City- or County -owned 5 equipment which may be damaged or lost by reason of collision, negligence, abuse, 6 vandalism, or other like cause. Contractor shall bear the cost of any identified repairs 7 which have not been completed prior to the end of this Agreement contract period. The 8 costs shall be deducted from Contractor's final payment. However, in no event shall 9 Contractor's liability exceed actual cash value of vehicles) and equipment so damaged. 10 If and when City determines it will replace an existing transit vehicle(s), then Contractor 11 shall meet with City to determine what reduction in compensation if any will be credited 12 to City in recognition of reduced maintenance costs typically associated with newer 13 vehicles_ TRANSIT SERVICES AGREEMENT Exhibit B — Schedule of Compensation Annual Revenuew Southland Transit Service Hours First Year revenue service Hour Rate Fixed Route 19,600 _ $45.90 Dial -a -Ride 8,720 $45.90 Total Hours 28,320 -�-..�._..�.�..._....-.�__.��.. $45.90 1 The revenue service hour rates shown above are for the year January 1, 2013 through 2 December 31, 2013. Revenue service hour rates, advertising rights revenue and 3 payment for bus shelter maintenance for future years will be adjusted by the year to 4 year change in the November Consumer Price Index (CPI) for all urban consumers in 5 Los Angeles -Riverside -Orange County not to exceed an increase greater than five 6 percent (5%). 7 For example the revenue service hour rate for 2014 will be adjusted based on the 8 change in CPI from November 2012 to November 2013. - Transit Services Agreement Exhibit C — Schedule of Performance Page 1 of 2 - SCHEDULE OF PERFORMANCE.. The term of the Agreement is a five (5) year term commencing on: 2 January 1, 2013 3 Upon completion of the initial five-year term, at its sole discretion, City may extend this 4 Agreement contract twice, each for a two (2) two year term, provided that any changes 5 in the terms and conditions of this Agreement are mutually agreed upon by both parties. 6 Hours and Days of Operation 7 Fixed -route service will be provided on the designated routes during the week, 8 approximately 249 weekday per year and 107 weekends and holidays per year, 9 depending upon when certain holidays fall. Vehicles are expected to be in revenue 10 service 13 hours per weekday. Saturday service only ten hours of service are provided. 11 Sunday service is provided or planned for five hours. Dial -A -Ride services will operate 12 eleven hours including weekends. The holidays observed are New Yea's Day, Martin 13 Luther King's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, 14 and Christmas Day. When there is a possibility of the same holiday being celebrated on 15 more than one date, City shall set the date. 16 Descriptions of Service Modes 17 A brief description of the Transit Service modes provided by the Transit Contractor is 18 herein described. Transit Services are provided seven days a week at consistent and 19 varying levels, Monday through Saturday with some variation in the hours of service by 20 mode, and on Sunday at more limited hours. Transit Services generally observe the 21 following holidays when no service is provided on fixed route, although dial -a -ride 22 service are operational on these holiday days: 23 a. New Year's Eve and Day, 24 b. Martin Luther King's Day, 25 c. Memorial Day, 26 d. Independence Day, 27 e. Labor Day, 28 f. Thanksgiving Day, and 29 g. Christmas Eve and Day. 30 1. 'Fixed -Route Service: 31 The fixed -route is served by four buses involving two routes. One route is called the 32 "Teal Line" and buses run in a clockwise manner. The other route is called "Pumpkin 33 Line" with buses running counter -clockwise. Two buses run 30 minutes apart on each 34 route. Transit Services Agreement Exhibit C — Schedule of Performance Page 2 of 2 1 Fixed route service is provided seven days per week. Service hours are: 2 Monday through Friday 6:00 am to 8:30 pm 3 Saturday 8:00 am to 5:00 pm 4 Sunday 9:00 am to 4:00 pm 52.Q itY-Dial -Ride Seivice:. 6 City Dial -A -Ride is an ADA accessible program serving riders within City's jurisdictional 7 boundaries. This service is intended to provide transportation for senior citizens age 60 8 and over as well as persons with disabilities, by group load or individual service. 9 Currently there is a 40 -minute response time allowance with the average response 10 being approximately 20 minutes. 11 Door-to-door service is provided. Trip requests are made in advance or on the day the 12 individual wishes to travel. Advanced reservations (taken up to two weeks in advance) 13 and subscription/standing order trips account for less than 10% of the ridership. 14 ' Services are predominantly next -day or same-day reservation. Riders typically request 15 service at the time they are ready for transport. Priority is given to patrons with medical 16 and rehabilitation appointments. Regular patrons are encouraged to apply for and 17 obtain a City issued Dial -A -Ride card so that it may be shown to the driver when the 18 individual's disabling condition is not immediately apparent. 19 City dial -a -ride operating hours are: , 20 Monday through Friday /5:00 am to 6:00 pm 21 Saturday & Sunday )9:00 am to 6:00 pm 22 23 3.....Purchase of OpLfion I 24 25 In addition to regular operations, Contractor may, from time to time, upon receiving 26 specific written authorization from City, be asked to provide special transportation 27 services using Transit Services vehicles. These special services will be provided when 28 determined by City to be in the public interest, do not interfere with Transit Service's 29 regular operation and are in compliance with applicable federal and state statutes. 30 Contractor shall be paid for these services at the same hourly rate as the Fixed -Route 31 Service. Attachment #3 This amends the Agreement is entered into on the 15th day of March, 2017 by and between the City of Baldwin Park ("CITY") and Southland Transit, Inc. ("SERVICE PROVIDER"). I Remove "TRANSIT SERVICES AGREEMENT Exhibit B - Schedule of Compensation" table and replace it with the following table: Transit Services Agreement Exhibit B – Schedule of Compensation 1111---1111 . . ....... . . Southland . . . . ......... . . ............. Annual Third year . . . ....... . . ....... . . .. . .......... Fourth year . ......... ---1 - - - ------- - - Fifth year Transit Revenue revenue service revenue service revenue service Service Hours hour rate hour rate hour rate . . ...... . ...... Fixed Route 12,677 ............. $58.70 . .... . . $59.99 ............ . ............. . ........ $61.87 ........ ....... Dial -A -Ride . . .... . . ..... 8,720 .. . . . .......... . , I'll, - . . .. . ... ..... . $58.70 $59.99 .. ......... ... ... $61.87 Total Hours ...... ....... . . ---- 21,397$5$.70$59.99 1 , - ] ......... ........ .. . . . ............ —--[ $61.87 -- MAR FW4 a I slid M to I FK- 14 111 Eli I r. I I mvgauqz��41 I, I r.21 I I II - I a 4 INKANIUM.Mr-ju I I IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. III "M111 64 a IMA [a M a Manual Lozano By: Mayor City Clerk name and title Date Date This report requests the City Council appropriate $55,808.18 in FY 2016-17 to comply with the Memorandum of Understanding (MOU) between the County of Los Angeles/ Flood Control and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte for the administration and cost sharing for the implementation of the and Coordinated Integrated Monitoring Program (CIMP) for the City's Stormwater Program as part of the Upper San Gabriel River (USGR) Enhanced Watershed Management Program. FISCAL IMPACT The cost of the EWMP, CIMP and associated work outlined in the MOU will be paid from the following City special revenue funds: • Gas Tax fund 240— $23,308.18 • Oil Recycling Grant fund 247- $15,000.00 • Storm Drain NPDES fund 249 - $17,500.00 The 2016-2017 Fiscal Year budget does not include the City's Cost share of $55,808.18 and thus requires this appropriation approval. This cooperative agency approach allows for economies of scale in developing plans and monitoring, promotes regional projects, and should facilitate state and federal funding. RECOMMENDATION Staff recommends that the City Council: 1. Approve an appropriation of $55,808.18 for the City's Cost share per Memorandum of Understanding (MOU) between the Los Angeles Flood Control District, the County of Los Angeles and the Cities of Baldwin Park, Covina, Glendora, Industry, South El Monte and La Puente for the cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed; and 2. Authorize the Director of Finance to appropriate additional funds to cover the payment. ITEM NO. STAFF REPORT 'TO: Honorable Mayor and City Councilmembers 'THE"4,00 FROM: Sam Gutierrez, Interim Director of Public Works� sANZABRUE1.; DATE: March 15, 2017 � �. _y =, ' SUBJECT: REQUEST FOR AN APPROPRIATION IN THE AMOUNT OF ""_A° $55,808.18 FOR DEPOSIT OF COST SHARING FUNDS FOR THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) IMPLEMENTATION PER THE UPPER SAN GABRIEL RIVER WATERSHED CITY-LA COUNTY MEMORANDUM OF UNDERSTANDING (MOU) SUMMARY This report requests the City Council appropriate $55,808.18 in FY 2016-17 to comply with the Memorandum of Understanding (MOU) between the County of Los Angeles/ Flood Control and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte for the administration and cost sharing for the implementation of the and Coordinated Integrated Monitoring Program (CIMP) for the City's Stormwater Program as part of the Upper San Gabriel River (USGR) Enhanced Watershed Management Program. FISCAL IMPACT The cost of the EWMP, CIMP and associated work outlined in the MOU will be paid from the following City special revenue funds: • Gas Tax fund 240— $23,308.18 • Oil Recycling Grant fund 247- $15,000.00 • Storm Drain NPDES fund 249 - $17,500.00 The 2016-2017 Fiscal Year budget does not include the City's Cost share of $55,808.18 and thus requires this appropriation approval. This cooperative agency approach allows for economies of scale in developing plans and monitoring, promotes regional projects, and should facilitate state and federal funding. RECOMMENDATION Staff recommends that the City Council: 1. Approve an appropriation of $55,808.18 for the City's Cost share per Memorandum of Understanding (MOU) between the Los Angeles Flood Control District, the County of Los Angeles and the Cities of Baldwin Park, Covina, Glendora, Industry, South El Monte and La Puente for the cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed; and 2. Authorize the Director of Finance to appropriate additional funds to cover the payment. CIMP Payment Appropriation March 15, 2017 Pate 2 On December 28, 2012, the Los Angeles Regional Water Quality Control Board adopted a new municipal sanitary storm sewer system permit (MS4 permit). The permit contains strict compliance requirements. The City of Baldwin Park and the other agencies subject to the MS4 permit are required to monitor the quality of stormwater and non -storm water being discharged to a receiving water such as the San Gabriel River and its tributaries like Walnut Creek. The monitoring is used to demonstrate compliance with the limitations on the quantity of pollutants that can be discharged. The permit establishes 33 of these limitations, known as Total Maximum Daily Loads (TMDL) throughout Los Angeles County. Fortunately, Baldwin Park and the surrounding communities discharging to the San Gabriel River are only subject to one TMDL. The City is subject to the San Gabriel River and Impaired Tributaries TMDL, which limits the amount of copper, lead, and selenium that can be discharged. 11 KTrK 1=141 I1 On September 18, 2013, the City Council approved a Memorandum of Understanding between the Los Angeles County Flood Control District, the County of Los Angeles, and the Cities of Baldwin Park, Covina, Glendora, Industry, South El Monte, and La Puente to prepare the required EWMP and CIMP documents. On July 15, 2015, the City Council approved a Memorandum of Understanding with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program. The MOU requires the share of cost for the implementation of the CIMP, which will require regular monitoring and sampling of stormwater. It is expected to cost the City approximately $283,000 over a five-year period starting in FY 2014-15. The amounts are approximations and may decrease as additional cities join the EWMP and share the CIMP implementation costs. The City of Baldwin Park does not currently collect or levy a fee assessed to parcels of land for stormwater runoff. The cost of this program has been previously paid for with a combination of General Funds and special revenue funds. This staff report will authorize the payment for FY 2016-2017 in the amount of $55,808.18 without the utilization of General Funds. This amount was not budgeted in the FY 2016-2017 budget. Staff will budget the remaining two years during the budget process. LEGAL REVIEW None Required. ALTERNATIVES The City Council could choose not to process this payment; however, this action could lead to collection proceedings or face fines up to $25,000 per day. The City could be released from the EWMP Group and would have to develop and implement an approved water quality monitoring program on its own. Not only will the cost of this would exceed the costs of participation in the CIMP but it will add costs related to implementing other mandates of the stormwater permit. ATTACHMENTS 1. MOU Copy 2. LACFCD Progress Bill No.3 Attachment #1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, AND SOUTH EL MONTE REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED This Memorandum of Understanding (MOU), made and entered into as of the date of the last signature set forth below by and between the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, and SOUTH EL MONTE, municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the San Gabriel River Watershed Management Area; and WHEREAS, the PARTIES entered into a memorandum of understanding on October 24, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed, with the exception of South EI Monte; and WHEREAS, the CIMP was submitted to the REGIONAL BOARD by the PARTIES on June 30, 2014, with the exception of South EI Monte, and is anticipated to be approved by the REGIONAL BOARD; and WHEREAS, South EI Monte indicated its intention to join the CIMP in a letter to the REGIONAL BOARD, dated February 26, 2015; and Page 1 of 20 WHEREAS, the PARTIES agreed to include South EI Monte in the Revised CIMP, which was submitted to the Regional Board on May 6, 2015; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to obtain a consultant (CONSULTANT) to assist the PARTIES with complying with certain elements of the MS4 Permit, as specified in the Scope of Work, which is incorporated into this MOU by reference; and WHEREAS, the PARTIES propose engaging a CONSULTANT as set forth in Section 6(a), below, to implement the CIMP, prepare CIMP Annual Reports, and prepare any necessary revisions to the CIMP in compliance with the MS4 Permit; and WHEREAS, the PARTIES have determined that hiring the CONSULTANT to implement the CIMP will be beneficial to the PARTIES, and they have agreed to pay the PARTIES' fair share of the cost to COUNTY, who will act on behalf of the PARTIES to contract with the CONSULTANT for the implementation of the CIMP; and WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of implementing the CIMP, as shown in Exhibit A; based on the cost allocation formula contained in Exhibit A of this MOU; and WHEREAS, the PARTIES have agreed that the total five-year cost for implementing the CIMP shall not exceed $4,574,552.28, which includes a 5 percent contract administration cost and a 10 percent contingency; and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Egr poqe.,The purpose of this MOU is to cooperatively fund the implementation of the CIMP and to coordinate the payment and performance of the monitoring services. Section 3. Goo enation, The PARTIES shall fully cooperate with one another to attain the purposes of this MOU. Section 4. Voluntary, This MOU is voluntarily entered into for the implementation of the CIMP. Section 5. Term. This MOU shall become effective on the last date of execution by a PARTY (EFFECTIVE DATE) or June 30, 2015, whichever comes first, and shall remain Page 2 of 20 in effect until (1) COUNTY has provided the PARTIES with an accounting as set forth in Section 6(f) and the PARTIES have paid all outstanding invoices, or (2) December 31, 2019, whichever comes first. Section 6. COUNTY AGREES: a. Consultant Services. To select a CONSULTANT from COUNTY's as -needed watershed engineering and water quality support consultant services contractors for implementation of the CIMP in accordance with the Scope of Work, and any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD. COUNTY will be compensated for the administration of the consultant contract at a rate of 5 percent of each PARTY'S contract cost as described in Exhibit A. COUNTY will comply with all procurement requirements applicable to said selection. b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Table 5 of Exhibit A. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this MOU by all PARTIES or in June 2015, whichever comes first. At the end of each fiscal year, any unused funds will be rolled over and used towards future years of CIMP implementation, and the outstanding invoice amounts set forth in Table 5 of Exhibit A for future years will be reduced accordingly. c. E enditure. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract and the implementation of the CIMP. COUNTY will provide an accounting of funds expended and remaining at the end of each fiscal year. d.Qontn� n�gy. COUNTY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and obtain written approval of such expenditures from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional expenditures at an amount not to exceed 10 percent of the original cost estimate as shown in Table 5 of Exhibit A. This 10 percent contingency will not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10 percent contingency will require an amendment to this MOU. e. Report. To submit reports to the REGIONAL BOARD as described in the CIMP and distribute copies of the reports to the PARTIES prior to submittal to the REGIONAL BOARD for review and comment. COUNTY will provide the PARTIES with an electronic copy of the completed CIMP Annual Report within 7 business days after receipt from the CONSULTANT. In addition, COUNTY will submit to the PARTIES the data used to prepare the reports. No report shall be submitted to the REGIONAL BOARD unless and until it has been approved, in Page 3 of 20 writing, for submittal by all PARTIES, excepting a PARTY or PARTIES whose involvement in this MOU has been terminated or who fails to respond to requests for approval. f. Termination. To provide an accounting upon termination of this MOU. At the completion of the accounting, COUNTY shall return any unused portion of all funds deposited with COUNTY in accordance with the cost allocation formula set forth in Exhibit A. g. Permit. To work with the CONSULTANT to obtain all necessary permits for installation of permanent infrastructure or modifications to monitoring sites, and access within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance. Section 7. The LACFCD AGREES: a. Mass Emission Stations Monitoring. To conduct monitoring at the existing mass emission stations owned and operated by the LACFCD in accordance with the CIMP, but limited to water column chemistry and aquatic toxicity. The LACFCD will conduct monitoring for the first two dry weather events and three wet weather events at no cost to the PARTIES or their CONSULTANTS. b. Additional Monitorina at LACFCD Mass Emission Stations. To coordinate with COUNTY for any additional monitoring required by the CIMP at its existing mass emission stations beyond two dry weather events and three wet weather events. The actual cost of such additional monitoring, not to exceed $6,000 per additional event, will be deducted from LACFCD's contribution. c. Monitorin Results,. To provide monitoring results for the CONSULTANT to conduct analyses and include in all required CIMP reporting. d. Access. To grant access to the PARTIES and the CONSULTANT to LACFCD's FACILITIES, to achieve the purposes of this MOU, provided the PARTIES and their CONSULTANTS obtain a permit and provide written notice 72 hours in advance of entry to LACFCD's FACILITIES. Access permits will be issued by the LACFCD at no cost to the PARTIES or their CONSULTANTS. Permits for construction or installation of structures in LACFCD right of way will incur fees to cover the cost of review, inspection, etc., by LACFCD. Section 8. THE PARTIES FURTHER AGREE a. PAyment. To fund the cost of the implementation of the CIMP and to pay COUNTY for their proportional share of the estimated cost for the implementation of the CIMP and contract administration not exceeding the invoice amounts as shown in Table 5 of Exhibit A, within sixty (60) days of receipt of the invoice from COUNTY. The cost estimates presented in Exhibit A have been agreed upon by Page 4 of 20 the PARTIES and are subject to changes in the CIMP pursuant to new REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any such changes proposed to the PARTIES' proportional share are subject to funding appropriation and will require written approval of the PARTIES as explained in section 6(d). b. Documentation. To make a good faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the CONSULTANT that is deemed necessary by the PARTIES to implement the CIMP. c. Access. Each PARTY will allow reasonable access and entry to the CONSULTANT, on an as needed basis during the term of this MOU, to the PARTY'S FACILITIES to achieve the purposes of this MOU, provided, however, that prior to entering any of the PARTY'S FACILITIES, the CONSULTANT shall obtain all necessary permits and execute a Right -of -Entry Agreement and provide written notice 72 hours in advance of entry from the applicable PARTY. d. Permit. Each PARTY will work with the CONSULTANT to obtain all necessary permits for installation of permanent infrastructure or modifications to stormwater monitoring sites within each PARTY'S jurisdiction. e. Additional Pggig antes. The PARTIES agree that if any other entity decides to cost share any element of the CIMP, COUNTY will enter into a separate MOU with that entity and will reduce the PARTIES' future invoice amount(s) based on the cost share formula contained in Table 3 of Exhibit A of this MOU. Additional Studies. The PARTIES agree that additional watershed -wide special studies, monitoring with other watershed groups, conducting necessary special studies, preparing grant applications, and/or conducting other collaborative activities for the purpose of complying with the MS4 Permit may be funded by the PARTIES subject to the terms of this MOU, provided that there are available excess contract funds or contingency funds available to fund these activities. Prior to the performance of any such activities, all PARTIES must provide written approval of the activities and a revised Exhibit A showing which PARTIES will be funding the activities and in what amounts. Section 9. Indemnification a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this Page 5 of 20 MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 10. Termination and Withdrawal a. This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. c. COUNTY will notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non - delinquent PARTIES will determine the next course of action. The remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOU must be executed to reflect the change in the PARTIES' cost share. d. If a PARTY wishes to withdraw from this MOU for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its share of the CIMP implementation cost through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of Page 6 of 20 the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOU, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 11. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. c. Relationshi pLt ARTIE S. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. d. Iindln Effect. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non -delinquent PARTIES. For purposes of this MOU, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 8(a) or withdraws pursuant to Section 10(d). f. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Page 7 of 20 g. Severability. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. h. Entire reement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. j. OtttWraarts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. k. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in section 11(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 8 of 20 C'C)tPl,x4 "fl .... ........ �i', 0 S A �&D E S SA� C"'Icunty Jy D e ctr'-b f)d,I'ubkc 11PI), o� T e s F�la:,,je I-,), of '112,C) Da4e S A, G E L, E C) I J, I "I I (ID COPJ,,`FF�0L. DS "I" N:: GME , Pv 10 F"", I,, � V''�J, C'o u r vby o i s e I " �e 10 tf M C I , ly, C) E3A [ [ANIN PARIK c I zee , F1 E, rAlf Execulve OWN . . ........... [:3y Flubmt N. I aft! C,ity Alton",ey "' Page 11 A 2"',) bate APPRol',/EA A S 1, 0 F, t,j a r i ie, 1""k ,a,e3e 12 c) 2i) C: I'Il Y OF is leffers, il'y By By Flage of Cly (") FlND,),,js rRY' NA A" F, R �:� g\: \\ « �� } By C Page}& of 2§ CITY OF LA PUENTE By David Carmany Date ......................._ City Manager APPROVED AS TO FORM;.. Byn........� _.�... _. J m . M......C.. ,�' asso C Attorney C i Y OF SOLJTI-�,, 'a' ;1" NPI"%, T�E AnAl i icD y, X 'U'd , I p EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation Table 1. Contract Cost Table 2. LACFCD's Contribution Page 17 of 20 C O C- O E Ill a) cu E 0- > > Z O cn CU 0 O (U L U L. O a-0 CL C LL O N O 0U r (U f) rycu LL d' f co M It r (D (D (D 00 N a d d. h- m t co r N N cu C qt M O O I- L6 h- N wLOO d N N fl— CV u7 (D '- 0 O d o0 M N O O O U') U w I,: (D N CV r - C6 d' Lii d O U) N N (0 It 69 m (U 0 c C v), C4 6q to 69 61) 613 CLV N U).-. ® cy It O LO 0) r O Mr-- cD (D Il- r r r r N m M L O 0 co Cl) m l(7 0) r O 00 O t m m Ln LO r Il— tl- Lf7 O N Lf") M O O Il— M co co fU O O r - O L6 (D L6 Lf� co r V c a. r r (fJ M ChIE 4 N 69 N 64 LO VI "t Vf V- 64 64 r cit ® fA U f) .. ... �,CN.�,..0 u.CN f r It.. O),,,, 0. ,.; LO . O .0) . 00 N C USM M CF) LO CD r O 00 .-. N > 3 O LO r h- O LO 0) Il- (D N ® O h O L(' (U Lo Lf7 O r Lf) N p a r 6r? M C146c7 N N to=,E9 LO d 604 r 63 64 r 70 � H3 ff3 U O 0...,... .CY) M I-- . , O O .. ... N O O > r- d- Lq W d h- � N 0l d % LO N Lfi r M d tl- CD h- 0) O N CO r d' r M 0) h- d (U It (D CD (D 0) 00 a 07 00 N -0 — '+ e- h r It CU fes- (U I- CN N ff3 Lf) 00 O L}L 60- It (f} 69 64 r 69 6h U), co 60 - CD m M O O co rl- r N C h- Wcli co co N O 00 r '; N t -- p r (U C6 00 C6 N C6 co � N It r M (U O N h 00 O r N CD r CU r C r O IL (f} 69- 64 r r 6!} CD U V LU-) 69 .tom^ 69 '~ N � »c I— ti Nr O . ..... d .,. r (D -. CD 00 ew... CD (D O 0 CD M 00 00 Il— tl- (D N M h- E N N CO M 00 0 CMU OO 't t 07 I`- �+ r 3 00 M O 0 LO LO ti LO 0) r 06 O C0 N N ER r d fU U „LLL 64 Lo 61> 69 69 69- m O ... . CY) m U') co CD m... lt7 N 0 N t-- tj if CM d� N 1-- � fV r 7 d Lo (0 M O r M 00 O r M co 69 M 0) � .� -' v 64 Lo Sf} d-3 r r d} 0) 0 64 64 6191 Ef? O N O 00 d' LO O Il- (D f) W) CO d N N t-- d N r U L CD Lf N m M LO r It L 0- W C} CO ® N It M 1 64 dt O S Il. ... (i9 r Cf} 611,69 69 64 69 M Efl O O UJ 0 m0 0).0 c , -0 CU >, c 1 > c 0�-Z �O o mD mU U U c2O UU Qai , U ca O N O 0U r (U f) rycu LL EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives County of Los Angeles Department of Public Works Watershed Management Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Paul Alva, Assistant Division Head E-mail: palva@dpw.lacounty.gov Phone: (626) 458-4325 2. Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Terri Grant, Assistant Division Head E-mail: tgrant@dpw.lacounty.gov Phone: (626) 458-4309 3. City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706-4297 Daniel Wall, Director of Public Works/City Engineer E-mail: dwall@baldwinpark.com Phone: (626) 813-5251 4. City of Covina 125 East College Street Covina, CA 91723 Vivian Castro, Environmental Services Manager E-mail: vcastro@covinaca.gov Phone: (626) 384-5480 5. City of Glendora 116 East Foothill Boulevard Glendora, CA 91741 David A. Davies, Director of Public Works E-mail: ddavies@ci.glendora.ca.us Phone: (626) 914-8246 Page 19 of 20 EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives 6. City of Industry 15625 East Stafford Street, Suite 100 City of Industry, CA 917447 John D. Ballas, Director of Public Works/City Engineer E-mail: jdballas@cityofindustry.org Phone: (626) 333-2211 7. City of La Puente 15900 East Main Street La Puente, CA 91744 John Di Mario, Development Services Director E-mail: jdimario@lapuente.org Phone: (626) 855-1517 8. City of South EI Monte 1415 North Anita Avenue South EI Monte, CA 91733 Anthony (Tony) Ybarra, City Manager E-mail: TYbarra@soelmonte.org Phone: (626) 579-6540 Page 20 of 20 Attachment #2 GAIL FARBER, Director COUNTY OF ;SOS ANGELES DEPARTMENT OF PUBLIC WORKS `To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone:(626)458-5100 http://dpw.lacounty.gov P.O. BOX 1460 ALHAMBRA, CALIFORNIA 9180?- 1460 IN REPLY PLEASE REFER TO FILE: FI -8 August 29, 2016 Mr. Daniel Wall Director of Public Works/City Engineer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706-4297 Dear Mr. Wall: REQUEST FOR DEPOSIT COORDINATED INTEGRATED MONITORING PROGRAM IMPLEMENTATION FOR THE UPPER SAN GABRIEL RIVER WATERSHED CITY -COUNTY MEMORANDUM OF UNDERSTANDING PROJECT NO. F218CIMP02 Enclosed is Public Works Deposit Invoice No. D1170000001 for the subject project. In accordance with the subject Memorandum of Understanding, the County of Los Angeles is to invoice the City of Baldwin Park for its cost -share annually as specified in Table 5 of Exhibit A. The billing of $55,808.18 is to finance the City's share of the implementation cost for the subject project for Fiscal Year 2016-17. Please return a copy of the enclosed invoice with your remittance to: County of Los Angeles Department of Public Works P.O. Box 7437 Alhambra, CA 91802-7437 Mr. Daniel Wall August 29, 2016 Page 2 If you have any questions regarding this billing, please contact Ms. Ruby Chiou of our Accounts Receivable Section at rch1ou@Apwjg_Iuntv. o or (626) co 458-6918. Very truly yours, GAIL FARBER Director of Public Works MARK BLANK, Chief Fiscal Division RC:cf P:\Idpub\ACCTREC\SPEC—ACCkCity\Clty-AgreementkFY20161CIMP Implementation Upper San Gabriel River F218CIMP02\DI170000001 City of BeldvAn Park.doex Eric. STAFF RE, PORT SAW GABRIEL VALLEY � �P44 0 JANOt TO: :IU DATE: Item No. I Honorable Mayor and Members of the City Council City Attorney's Office March 15, 2017 SUBJECT: CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, CONDUCT THE FIRST READING OF ORDINANCE NO. 1397 AMENDING CITY OF BALDWIN PARK'S ZONING ORDINANCE SUBSECTION 153.170 ET SEQ SUMMARY The City Council directed the City Attorney to review and amend, as necessary, a city ordinance regulating signs within the city limits. The goal of the review is to ensure that local regulations are consistent with state and federal laws. FISCAL IMPACT There is no fiscal impact to the City to review and amend the city ordinance. RECOMMENDATION Staff recommends that the City Council conduct a public hearing and, following the public hearing, waive further reading and adopt by title only, for First Reading Ordinance No. 1397, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE SUBCHAPTER 153.170 — SIGN REGULATIONS" BACKGROUND In 2012, the City Council passed the Baldwin Park Zoning Code to regulate the use of land within the city in an orderly manner consistent with goals, objectives and policies of the Baldwin Park General Plan and to protect the public health, safety, comfort, welfare and general prosperity of the city and its residents through classifying, designating, regulating and restricting the use of land, buildings and structures. The City Council, through its agents and City Attorney, must regularly review its ordinances to ensure that these regulations are consistent with state and federal law. The draft ordinances modify and revise several sections of the Zoning Code with respect to signage, Subchapter 153.170. The intent of the amendments is to make the sign ordinance content neutral in compliance with state and federal law. The Planning Commission held a public hearing on February 22, 2017 and passed a resolution recommending passage of this ordinance by a vote of 4-0. The following amendments to the sign ordinance are being proposed (1) Modify the following Sections of Subchapter 153.170 (Sign Regulations) Including Intent and Purpose, Exempt Signs, Prohibited Signs, Temporary Signs, General Sign Standards and Sign Regulations For Specific Land Uses; (2) Delete the following Sections 153.170.010.G and 153.170.040.C.5-15 of Subchapter 153.170; (3) Modify Section 153.210.090.A (Administrative Procedures) General Application Processing Procedures; and (4) Add a new Section 153.210.265 (Sign Permit) Relating to Signage. CEQA In accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an impact upon the environment and is Categorically Exempt. LEGAL REVIEW The City Attorney has prepared this staff report and draft ordinance ALTERNATIVES The Planning Commission may choose any of the following: 1) Adopt the Ordinance; 2) Amend the Ordinance; or 3) Take no action. ATTACHMENTS Ordinance No. 1397 K Page 2 ORDINANCE NO. 1397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE SUBCHAPTER 153.170 — SIGN REGULATIONS Whereas, the Planning Commission held a duly noticed public hearing on February 22,2017 to consider recommendation of this Sign Ordinance to the City Council; Whereas, the Planning Commission voted 4-0 to recommend the Sign Ordinance to the City Council on February 22, 2017; Whereas, in accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an impact upon the environment and is Categorically Exempt. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain: Section 1. subchapter 153.170 — Sign Regulations of the Baldwin Park, Municipal Code is hereby amended as follows: "SUBCHAPTER 153.170 —SIGN REGULATIONS Section Contents: §153.170,010 Intent and Purpose §153.170.020 Applicability §153.170.030 Permit Requirements §153.170.040 Exempt Signs §153.170.050 Prohibited Signs §153.170.060 Temporary Signs § 153.170.070 General Sign Standards §153.170.080 Signs Regulations by Zone § 153.170.090 Sign Regulations for Specific Land Uses §153.170.100 Sign Construction and Maintenance §153.170.110 Other Applicable Regulations § 153.170.010 —Intent and Purpose The intent and purpose of these sign regulations are to: A. Urban design and safety standards. Implement the city's urban design and safety standards as set forth in the General Plan. B. City appearance. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards. D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs. E. On-site signage. Generally limit private signage to on-site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages. G, Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non -communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics. II. Nearby effects. Minimize the possible adverse effects of signs on nearby public and private property. I. Visual quality. Serve the city's interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage. I Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city. L. Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods. § 153.170.020 — Applicability A. Compliance. Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws. B, Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the Zoning Code. 153.170 Sign Regulations 153.170-2 C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the Zoning Code or this code, the more restrictive requirements shall govern. § 153.170.030 —Permit Requirements A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of subchapter 153.210, Administrative Procedures. B. Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of subchapter 153.210, Administrative Procedures. § 153.170.040 — Exempt Signs A. Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules. B. Restrictions on illumination. All exempt signs shall be non -illuminated, externally illuminated, or internally illuminated. C. Exempt signs. The following categories of signs do not require a sign permit: 1. Non -Residential Signs On non-residential property of less than 175,000 square feet in lot size: (a) up to 40 flags' or pennants with a combined area of no more than 120 square feet on a staff or pole of no longer than 20 feet; (b) up to 15 permanent signs with a combined area of no more than 75 square feet and a height of no more than eight feet; (c) up to four temporary window signs with a combined area of no more than 24 square feet, except that no more than 40% of the area of any given window may be covered by window signs; and (d) up to eight other temporary signs with a combined area of no more than 30 square feet and a height of no more than four feet. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled. On non-residential property of more than 175,000 square feet in lot size: (a) up to 55 flags or pennants with a combined area of no more than 165 square feet on a staff or pole of no longer than 20 feet; (b) up to 20 permanent signs with a combined area of no more than 100 square feet and a height of no more than eight feet; (c) up to eight temporary window signs with a combined area of no more than 48 square feet, except that no more than 40% of the area of any given window may be covered by window signs; and (d) up 153.170 Sign Regulations 153.170-3 to 12 other temporary signs with a combined area of no more than 50 square feet and a height of no more than five feet. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled. Where properties include multiple tenants, each tenant may display one flag of no more than six square feet, and temporary or permanent signs with a combined area of no more than nine square feet, in addition to the non-residential exemption provided above. 2. Residential Signs On residential property: (a) up to three flags or pennants with a combined area of no more than 18 square feet on a staff or pole of no longer than eight feet; (b) up to three permanent signs with a combined area of no more than 12 square feet and a height of no more than four feet; (c) up to six temporary window signs with a combined area of no more than nine square feet, except that no more than 50% of the area of any given window may be covered by window signs; and (d) up to four other temporary signs with a combined area of no more than ten square feet and a height of no more than three feet. Where residential properties include multiple dwelling units, each dwelling unit is may display one flag of no more than six square feet, and temporary or permanent signs with a combined area of no more than six square feet, in addition to the basic residential exemption provided above. Potential Discretionary Additions: (3) Flags near Holidays An additional flag of up to 12 square feet may be displayed during the three days before, the day of, and the three days after the following holidays: Memorial Day, Independence Day and Veterans Day. (4) Signs near Electionsz An additional 5 signs of up to 12 square feet combined and up to 4 feet tall may be displayed starting 45 days before, on the day of and for 14 days after any election for which there are polling places operating within the City. § 153.170.050 — Prohibited Signs The following signs are prohibited on any property within the city; A. Abandoned Signs. B. Animated Signs. C. Inflatable/Balloon Signs. D. Roof Signs. 153.170 Sign Regulations 1.53.170-h E. Murals. F. Can (Box) Signs. G. Off -Site Signs (billboards). H. Off -Site Signs. Off-site identification signs, except government and civic signs as provided in this subchapter. Portable Signs, including A -frame, sandwich board signs, and vehicle -mounted signs. J. Cross -visibility area. Any sign located within a required clear cross -visibility area. K. Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located. L. Signs in the public right-of-way. Signs within or projecting over a public right-of-way. M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard, excluding authorized on-site directional signs. N. Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet. O. Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing. P. Signs attached other features. Signs attached to trees, fences, bridges or light poles. Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used, R. Disrepair. Any sign that is in disrepair, Formatted: Font Times New Roman, 12 pt� § 153.170.060 — Temporary Signs A Permitted Temporary Signs. In addition to exempt temporary signs pursuant to § I53.170.040(C), temporary signs may be permitted on the site of any business holding a grand opening or promoting a special product, sale, or event. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in subsection B below: 1. Banners not exceeding 50 square feet per banner. 153.170 Sign Regulations 153.170-5 2. Inflatable signs not exceeding 50 feet in height. 3.. Pennants, with the area on which the pennants are located not permitted to exceed 15 percent of the square footage of the lot upon which they are located. B. Standard for Temporary Signs: Such temporary signs shall comply with the following standards: Maximum number. A maximum of 1 temporary sign may be displayed for each business at any given time. 2. Maximum duration. Each temporary sign may be displayed for a maximum of 30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive times within a 12 -month period. 3. Maximum sign area. The combined maximum sign area of all temporary signs on site shall not exceed 50 square feet. 4. Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located. 5. Balloons. Balloons shall not be used in conjunction with any temporary sign. 6. Attachment and illumination. Temporary signs shall not be freestanding or illuminated. 7, Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition. C. Temporary signage for a newly established business. The following additional standards apply to newly established businesses within the city. A newly established business refers to any business that has filed a complete business license application (accepted by the city), for the first time, provided there are no records of the business operating in the city prior to said filing. (1) Permitted signs. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in divisions (B) or (C): (a) All sign types listed as permitted temporary signs in division (A). (b) Banners not exceeding 60 square feet per banner. .,—...,..------------- „ ...... ., 153.170 Sign Regulations 153.1.70-6 (c) Single -pole flags with ground spikes up to 35 square feet maximum. (2) Maximum number. Up to three signs of any combination of permitted temporary sign types (e.g., banners, pennants, window signs, and the like) are permitted provided that the combined sign area of all said signage does not exceed 60 square feet. (3) Maximum duration. Each temporary sign for a newly established business may be displayed for a maximum of 60 days from the time its business license application is filed and accepted by the city. An extension of up to 60 additional days may be approved provided that a completed extension request (through submittal of an additional sign permit application) is received and accepted by the city prior to the expiration of the initial 60 day display period. (4) Maximum sign area. The combined maximum sign area of all permitted signage under this division shall not exceed 60 square feet. § 153.170.070 — General Sign Standards All signs, including exempt and temporary signs, located within all zones shall comply with the following regulations: A. Sign Lettering and Numbering. To facilitate emergency response by public safety personnel, the sign nearest to the public entrance of a business which utilizes any non -Roman alphabet letters, characters and/or symbols shall also contain a general description of the business and other entities occupying the building written in English. The English language portion of the sign shall be readable from the public right-of-way. 2. In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under penalty of perjury under the laws of the State of California, containing an English language translation of all non -Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification. B. Sign Lighting and Illumination. Unless otherwise specified for exempt and temporary signs, signs may be non - illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination. 2. All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways. C. Sign Location. 153.170 Sign Regulations 153.170-7 No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot. D. Sign Aesthetics. All newly erected signs shall comply with the Sign Design Guidelines Manual. All permanent signs located within any zone shall be compatible to the associated structure's architecture and design features. All permanent signs located on commercial and industrial structures shall be integrated within structure's architecture. § 153.170.080 — Signs Regulations by Zone Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in Table 153.170.080, the following criteria shall apply: A. Freestanding Signs. As indicated in Table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and 1-C zones that have freeway frontage. 2. The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of 6 feet within 3 years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times. B. Monument Signs. Monument signs may be located in planter medians abutting a driveway or within the project driveway. 153.170 Sign Regulations 153.170..5 Table 153.170.080 Sign Regulations by Zone 153.170 Sign Regulations 153170-9 Maxinium Moxinnum) MAXIIIIIAU) Zonej Sign Type Nomber .— Sign Area Heighl Notes R -G and Monument 1 24 sf 4 ft .................. R-3 Wall 1 36 sf 4 ft . ................ . . Monument 1 per frontage 32 sf 6 ft C1 . . . ............. -.— . ....... Wall 1 or more 50 sf . . . . . . ................... . ............ . . . ..................... 4 ft ...... ------------------------------ . ................................ -------- - . ....... . ...... . ...... . Monument I per frontage 64 sf 12 ft C-2, Wall . ......................... ........ 1 or more 2 sf of sign area per ..... ...... . — 6 ft ----- F -C, linear foot of primary 1 , building frontage without -- - -- . . . ............... . ..... . . freeway Secondary I or more 1 sf of sign area per 4 ft frontage Wall a linear foot of primary . ............ --- ------ . . ....... . . ......... ....... .. ..... building frontage . . . . .. . .. . ................................ .. . ... Freestanding 1 1 sf of sign area per 1 80 ft L A maximum of I linear foot of street freestanding sign is frontage permitted for lots with less than 800 linear feet of street frontage. One additional freestanding sign is permitted for lots with more than 800 linear C-2, F- feet of street frontage. For C, I -C, this purpose, a commercial with center is considered a freeway single lot. frontage 2. Additional sign face area for monument signs may be granted in lieu of use of freestanding signs, per criteria established by the Director of ----- . . . . . . . ... . ... . . ......... . ...... . . . ...... ..................................... ....... . .. Community Development. Monument 140sl 8 ft Wall 1 or more I sf of sign area for 6 ft each linear foot of 153.170 Sign Regulations 153170-9 C. Wall Signs. L A maximum of 3 wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street. 2. A maximum of 1 wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance. 3. Wall signs shall not project more than 18 inches from the building wall. 4. Sign height shall be measured from the bottom to the top of the sign. § 153.170.090 — Sign Regulations for Specific Land Uses In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations: A. Service Stations, 1. Each service station may maintain a maximum of 4 canopy signs, each having no more than 50 square feet of sign face area. 2. Each service station may maintain 1 permanently installed sign not to exceed 40 square feet in area. 3. Each service station may maintain a maximum of 2 permanently installed or portable signs not exceed 20 square feet in area. B. Automobile Dealerships. 1„ Each automobile dealership may display banners and pennants with a total area not to exceed 15 percent of the square footage of the lot upon which they are located. 2, Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards. Each banner shall not exceed 50 square feet of area. 3. Each automobile dealership may display one pennant for every 2,500 square feet of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area. 153.170 Sign Regulations 153.170-10 § 153.170.100 — Sign Construction and Maintenance A. Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the State Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards. B. Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced. § 153.170.110 — Other Applicable Regulations In addition to the requirements contained this subchapter, regulations contained of this chapter may apply to signage in the following subchapters: § 153.210.090 — General Application Processing Procedures (A) Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that: a) all the submittal requirements have been satisfied and that the application has been accepted as complete; or b) specific information is still necessary to complete the application. For administrative permits and actions, and for sign permits, the applicant shall be notified within seven days and for all other permits and actions, the applicant shall be notified within 30 days. § 153.210.265 — Time for Determination (A) Temporary Signs Permit applications for temporary signs shall be determined within 21 days of application submission unless the City Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 14 days of application submission. All applications shall be determined within 42 days of application submission. Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed). (B) Permanent Signs Permit applications for permanent signs shall be determined within 63 days unless the City Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 35 days of application submission. All applications shall be determined within 91 days of application submission. Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed). (C) Mixed Applications 153.170 Sign Regulations 151170-11 Applications seeking a permit for both temporary and permanent signs will be treated as applications for permanent sign permits; but the City Planner shall have discretion to make a partial determination as to the portion of an application concerning temporary signs at any time before a final determination is made for the whole application. § 153.220.200 — S Definitions SIGN. Any device for visual communication, including, without limitation, any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the views, products or services of any person, business group or enterprise, and is readily visible from outside any building or structure containing or supporting it. TEMPORARY SIGN. Any sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames; or erected by driving a stake or other support into the ground (e.g., common "For Sale" signs)." Section -2. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. ec:ti-on_3, The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. SccLu njt, This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Sec(,Md;,a,f� '5,, If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this day of , 2017. 153.170 Sign Regulations 15:5.170..12 153.170 Sign Regulations 153.170-13 ITEM NO. nwIll STAFF PO MEN 0 .t D W/ THE rA;N„G "BRIE l ,'IVA �i. TO: The Honorable Mayor and Members of the City Council FROM: Manuel Carrillo, Jr., Director of Recreation and Community Services Suzie Ruelas, Housing Maanager, DATE: March 15, 2017 SUBJECT: FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN SUMMARY For the City Council to hold the first of two required public hearings and receive public input regarding the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2017-2018 Annual Action Plan; and to consider the funding allocations for the FY 2017-2018 CDBG Public Service. FISCAL IMPACT The impact to the general funds is unknown at this time. As with previous years, it remains important to note that the continuous reductions in City's annual CDBG and HOME allocations from HUD in addition to the recurring Section 108 Loan annual payment, ranging $367,000-$495,000, earmarked through FY 2021-2022 will have a tremendous impact on the CDBG funded projects. Hence, the approval of proportional funding to all CDBG projects for the next five years will determine the extent of the impact to the general funds. The CDBG and HOME fund budget will be reflected in the FY 2017-2018 City budget presented to the City Council for approval. RECOMMENDATION Staff recommends that the City Council approve the allocations for the FY 2017-2018 CDBG public service programs by selecting one of the following options: OPTION 1: Approve the Joint Commission's recommendations for funding; or OPTION 2 Revise allocations as the City Council deems appropriate BACKGROUND A public hearing was held on March 1, 2017. The public hearing was opened and closed and the item was continued to March 15, 2017 to approve funding allocations for public service programs. CDBG/HOME Public Hearing March. 15, 2017 Page 2 Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five-year strategy designed to address the housing needs of extremely low, low and moderate -income households within the community. The current Five Year Consolidated Plan covers years 2015-2019. The City must also prepare and submit an Annual Action Plan each year within the five year plan to identify the actual projects implemented and funding allocated to address the needs identified in the Five Year Plan. The FY 2017-2018 Annual Plan is due to HUD by May 15, 2017. Included in the process of preparing its annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure citizen participation from Baldwin Park residents, the City created the CDBG Advisory Committee. The CDBG Advisory committee reviews and considers proposed projects and reviews applications for public service programs. Two committee meetings were held before the CDBG Advisory Committee and funding recommendations were approved on February 6, 2017. This first public hearing is to provide the City Council the opportunity to receive public comments regarding the Annual Plan. It also provides public service applicants the opportunity to make presentations regarding their services and benefits to our residents. Since HUD has not yet announced the FY 2017-2018 Federal CDBG and HOME allocations, the proposed funding in this report considers the same funding level as in FY 2016-2017, which is $943,889 in Community Development Block Grant (CDBG) funds and $224,182 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. Of the CDBG amount, up to 15% may be allocated to public service programs, which equates to $141,583. The 15% max to public service programs is not a requirement, and although it provides funding for types of assistance to low-income youth, elderly, disabled, homeless and other special needs individuals, the City Council may opt to reduce the total amount allocated to public services programs at its discretion. The total CDBG and HOME funding available for FY 2017-2018 is as follows: FUNDING RECOMMENDATIONS Although the main focus for this public hearing is to consider funding for pubic service programs, in order to accurately determine the amount of funding available for public service allocations, the City must also consider and, where applicable, determine funding for each of the following FY 2017-2018 CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next six years. During the 2005- 2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included a Super Wa1Mart Department store and other commercial businesses. The Section 108 Loan project is considered an economic development project that created employment opportunities to over 320 low -and moderate -income individuals. CDBG/HOME Public Hearing March. 15, 2017 Paae 3 The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City was able to refinance the Section 108 Loan interest and reduce the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments estimated as follows. To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, it would be prudent for the City to begin reducing the expectations and allocations to other CDBG programs, at least through Fiscal Year 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs Again, while the City may allocate a maximum of 15% of its annual allocation to public service programs, there is no regulation to prohibit the City from allocating less than 15%. This may be an area of funding to consider reducing, at least until the Section 108 Loan is completely repaid. If not considered this fiscal year, a reduction in public service programs may be considered next year. Commission/Committee FY 2017-2018Recommendations The City held two community meetings regarding the CDBG funding process. At the meeting held on February 6, 2017, the CDBG Advisory Committee heard presentations from public service agencies requesting funding and deliberated and approved the following funding recommendations for the City Council to consider. * Indicates City of Baldwin Park Services Program description of each public service application is also attached for your review. (Please see Attachment) CDBG/HOME Public Hearing March. 15, 2017 Page 4 Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $188,778. Staff understands that $2,500 is not an amount feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents. However, the CDBG funds available for administration services limit the City's ability to provide sufficient funding using CDBG funds only. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects. There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2017-2018 Capital Improvements projects using other source of funds. Housing Programs The City continues to maintain its housing programs as in previous years with some reduction in funding to Code Enforcement and Lead Testing Program. Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low- income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. CDBG/HOME Public Hearing March. 15, 2017 Paae 5 HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2017-2018 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing and Development Organization (CHDO) Program —HUD requires 15% of the annual allocation to implement an eligible CHDO activity; In previous years, the City has successfully partnered with two separate CHDO organizations, one on Los Angeles Street where 5 units were acquired, rehabilitated and brought up to code, improving the living conditions for existing low-income tenants. More recently in FY 2016-2017, the City partnered with a CHDO, for the sale of the Bresee (ROP) Property. An existing Baldwin Park resident was approved as a tenant and the home is now an affordable rental unit. Staff continues to seek new opportunities for another affordable housing CHDO project. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 4) First Time Homebuyer Program — Project offers loans as a gap financing in the form of a second trust deed to low income homebuyers. Proposed funding provides for 4 loans. 5) Lead Abatement Grant Program — Project requirement to meet HUD's regulation for properties participating in rehabilitation programs. As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived and extensions for these deadlines are not available. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. This public hearing allows the City Council to approve a draft plan to make available ftir the required 30 -day conulicN,at period. The draft flans will be available for public review at City Hall, 3rd floor rind the Esthe • Snyder Community Center beginning April 3, 2017 and concluding at the second public hearing schedule for May 3, 2017. CDBG/HOME Public Hearing March. 15, 2017 Page 6 LEGAL REVIEW: No Legal Review is necessary at this time ALTERNATIVES Alternative to Public Hearing To remain on schedule with a prepared draft plan and meet the 30 -day public review/comment period, proposed allocations must be approved at this time. Therefore, time restraints make it difficult to allow for an alternative to holding this first public hearing. The City Council will have an opportunity review and make any desired revisions before the final approval during the required second public hearing scheduled for May 3, 2017. Alternative Funding Options There are alternatives in the funding allocations that the City Council may consider. As previously mentioned, HUD only establishes a maximum 15% of the City's annual allocation to public service programs. The City may opt to provide less funding and/or eliminate funding to certain public services for this fiscal year. This would make funding available for other programs such as the reduced Code Enforcement or Capital Improvement Projects. After 2021, when the Section 108 Loan is paid in full, the City would likely have funding available to implement new programs or reinstate cancelled programs. Attachments: Public Service Applications SUMMARY The purpose of this report is to provide the City Council with an update to the City's street paving program including providing a listing of proposed streets to be paved under FY 2016-17 Capital Improvement Program, CIP No. 36 and No. 37. The proposed street rehabilitation work is estimated at $788,000 and will be phased into two projects; the first project will be comprised of residential streets including alley ways and the second project will be comprised of major streets. Furthermore, the City is anticipating an estimated $1,094,600 from Measure M. Measure M is an LA Metro transportation initiative that was recently passed by voters on November 8't', 2016. Funds are expected to be dispersed to cities later this year. Staff will soon be working on an update to the Capital Improvement Project (CIP) and will be including allocations of Measure M funds and other special funds for the next paving projects. FISCAL IMPACT There are no fiscal impacts at this time. The following table below lists the available funds from the current CIP. Staff is preparing plans and specifications for bidding and upon review of bids, staff will recommend construction contract awards. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. Thanks to special fund revenues from Local, Federal Proposition A, Proposition C and Measure R along with the recently approved Measure M funds, the City will be able to meet its future street rehabilitation needs without utilizing General Funds. RECOMMENDATION It is recommended that the City Council consider and discuss the proposed street rehabilitation projects for FY 2016-17 and receive and file the report. BACKGROUND On February 18, 2015, the City Council approved an appropriation of $3,500,00.00 for street paving improvements comprised of Gas Tax and Measure R funds. This appropriation essentially rebooted the City's street rehabilitation program. Over eight (8) centerline miles of the City's roadway were paved ITEM NO. STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Sam Gutierrez, Interim Director of Public Worlk.4�� Ar 646 N L ' DATE: March 15, 2017 ,vALtE�' SUBJECT: SUBJECT: CITY OF BALDWIN PARK FISCAL YEAR 2016-17 M - _JA STREET REHABILITATION PROGRAM UPDATE SUMMARY The purpose of this report is to provide the City Council with an update to the City's street paving program including providing a listing of proposed streets to be paved under FY 2016-17 Capital Improvement Program, CIP No. 36 and No. 37. The proposed street rehabilitation work is estimated at $788,000 and will be phased into two projects; the first project will be comprised of residential streets including alley ways and the second project will be comprised of major streets. Furthermore, the City is anticipating an estimated $1,094,600 from Measure M. Measure M is an LA Metro transportation initiative that was recently passed by voters on November 8't', 2016. Funds are expected to be dispersed to cities later this year. Staff will soon be working on an update to the Capital Improvement Project (CIP) and will be including allocations of Measure M funds and other special funds for the next paving projects. FISCAL IMPACT There are no fiscal impacts at this time. The following table below lists the available funds from the current CIP. Staff is preparing plans and specifications for bidding and upon review of bids, staff will recommend construction contract awards. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. Thanks to special fund revenues from Local, Federal Proposition A, Proposition C and Measure R along with the recently approved Measure M funds, the City will be able to meet its future street rehabilitation needs without utilizing General Funds. RECOMMENDATION It is recommended that the City Council consider and discuss the proposed street rehabilitation projects for FY 2016-17 and receive and file the report. BACKGROUND On February 18, 2015, the City Council approved an appropriation of $3,500,00.00 for street paving improvements comprised of Gas Tax and Measure R funds. This appropriation essentially rebooted the City's street rehabilitation program. Over eight (8) centerline miles of the City's roadway were paved Street Rehabilitation Program Update March 15, 2017 Page 2 ..,r.-- ------_.— — m ,-------- . ........ ....... ...... with the appropriation encompassing three projects. The projects consisted of paving 30 street segments primarily within residential areas, 5 segments of major roads and reconstruction of alley ways. Proposed improvements included cold -mill and asphalt concrete 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. On September 21, 2016, the City Council approved the FY 2016-17 Capital Improvement Program (CIP) budget. The budget includes an allocation of $788,000 for paving of streets and alleyways. The funds are allocated into two projects CIP Nos. 36 and 37. The first project will be comprised of residential streets including alley ways and the second project will be comprised of major streets. Staff recently updated the City's Pavement Management System (PMS) which is used to identify candidate streets for rehabilitation. The preliminary candidate list has been attached to this report. LEGAL REVIEW None Required. ALTERNATIVES None ATTACHMENTS 1. Alley Priority List 2. Proposed Street Paving List (Preliminary) 3. 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TO: Honorable Mayor and City ("ounc it nembe ° mr or FROM: Joseph Bartolotti, Acting Chief of Police 7 HE i SAN C AB R IE L DATE: March 15, 2017 VALLEY e�. SUBJECT: AGREEMENT WITH NATIONWIDE COST RECOVERY SERVICES VACANT AND ABANDONED PROPERTY REGISTRATION SUMMARY This report seeks direction from the City Council as to either enter into a contractual agreement with Neftali Cortez, dba Nationwide Cost Recovery Services (NCRS) to administer the Vacant and Abandoned Property Registration Program or continue to administer the program with City Code Enforcement Personnel. FISCAL IMPACT If the city enters into a contract with NCRS there would be a decrease of 50% of the funds recovered from the program. Based on a projected three year average, fees and penalties collected were $96,193.33 annually. If staff personnel expense is included, the average would be $83,930.35 annually. The estimated average annual decrease to the General Fund is estimated to be approximately $48,096.66; however staff would have more time to concentrate on other code enforcement duties. RECOMMENDATION Staff recommends the city council give further direction as to how the city manages and maintains the Vacant and Abandoned Property Registration Program. BACKGROUND In April 2009, City Council approved Ordinance 1325, which added Chapter 150.250 to the Baldwin Park Municipal Code (BPMC), requiring the owners of vacant and abandoned properties to register said property and to maintain the property in accordance with community standards in order to address the issues created by the foreclosure crisis. The chapter defines abandoned property as any property against which a Notice of Default (NOD) has been recorded by the lender. The adoption of BPMC Chapter 150.250 helped to mitigate some of the issues created by properties in foreclosure that became vacant and abandoned. In August 2013, the City Council approved Resolution No. 2013-031 Amending the Fee Schedule and Revising Fees for the Registration of Foreclosed Property and Approval of an Agreement with NCRS, for assistance with the Vacant and Abandoned Property Registration Program. The fees were increased from $90.00 to $ 470.00. The Code Enforcement Bureau has been maintaining and managing the Vacant and Abandoned Property Registration Program, since the original contract was not renewed in 2014. Since the last contract with NCRS, Code Enforcement staffing levels have changed from one full-time supervisor and six part time employees to four full-time employees with one vacant supervisor position. Code Enforcement officers receive regular notifications about the vacant properties from a contracted service, Property Radar, which in turn receives notifications of foreclosed property from the Los Angeles County Assessor's Office. The processing of each case takes approximately 1.5 hours of staff time from start to finish. If the contract with NCRS is ratified it is estimated that the average city staff time spent on each property would be reduced to 1 hour. City Staff is confident they can continue to administer, monitor and enforce the provisions of Chapter 150.250 - The Vacant and Abandoned Property Registration Program. Vacant and Abandoned Property Registration Program March 15, 2017 Page 2 The current proposed terms differ from the 2013 contract as the previous contract called for an additional amount up to $3,500.00 to be paid to NCRS from the percentage amount received by the city from fees actually collected. This is not included in the current proposed contract. • Fees collected: $460,().L) _11rojected $93,540.00 • Total registration: 94 (Projected 188) • Penalty fees collected: $4,000.00 • Projected personnel expense: -$11,742.48* • Total Projected income: $85,797.52 • Fees collected: $91290.00 • Total Registration: 209 • Penalty fees collected: $4,000.00 • Estimated personnel expense: -$13,054.14* • Total estimated income: $88,235.86 • Fees collected: $nUOM • Total Registration 192 • Estimated personnel expense: 92,32* • Total estimated income: $77,757.68 ii�F� 11111� q RIM flog Re "ISIM61 q F. iff-InT, n I "I, 1 0 61 a 4 OMW W, W. -I row, 11 to 1i. ,, : low LEGAL REVIEW i�is contract has been reviewed and approved by the City Attorney as to legal f1rm and content. March 15,2017 Paee 3 OPTIONS 1) Continue with the program, as is, having Code Enforcement Officers manage the program, ATTACHMENTS #2 NCRS Consultant Services Agreement #3 NCRS Scope of Services document Attachment # : 'W Foreclosed Property Registration Program Implementation and Oversight Express Letter of Interest January 31, 2017, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, CA 91706 Submitted by: Neftali Cortez DRE Lic. # 00560181 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 Phone: 909-762-8135 Fax: 909-752-3163 Nef.ncrs@gmail.com Elias S. Cortez, 20676 Center St, Riverside, Ca 92507 Phone: 909-800-8918 Fax: 909-752-3163 Eli.ncrs@gmail.com Services: Neftali Cortez and Elias S Cortez agree to provide development and implementation of a Foreclosed Property Registration Program in the City of Baldwin Park subject to the terms and conditions of this Agreement. The objectives of these services are to minimize neighborhood blight by identifying properties that are in distress and have entered the foreclosure process, and to proactively address the issues inherent in foreclosure property which negatively impact quality of life of the residents in the vicinity of homes in foreclosure. Neftali Cortez is a licensed Real Estate Broker, California Department of Real Estate license # 00560181. Mr. Cortez has worked fulltime in the Real Estate Brokerage and Financing Industries since being first licensed as a Broker in 1984. Mr. Cortez has over 20 years, experience representing Banks in the sale of REO properties. The last five years have seen a tremendous increase of foreclosure sales, and Mr. Page I 1 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 Corte personally handled over 200 transactions, being located at the epicenter of the foreclosure activity in Southern California. The area of coverage has included communities in Los Angeles, Orange, San Bernardino, and Riverside Counties. Elias S Cortez is currently Co -Owner of Nationwide Cost Recovery Services, LLC. Mr. Elias S. Cortez served as the State of California's Chief Information Officer from 1999-2003. Prior to his service at the state level, he served as the Chief Information Officer for the County of San Bernardino from 1997-1999. Mr. Cortez also served as a Director of Information Technology for Los Angeles Unified School District from 1992-1997. Elias attended USG School of Architecture from 1976-1981, and after graduation worked at Parsons Engineering, Extensive specialized Certification training in the REO (Real Estate Owned -Bank Owned) and the Distressed Property and Short Sales facet of the Real Estate field qualifies Mr. Neftali Cortez to provide this management oversight and program implementation initiative. Mr. Cortez is very familiar with the local real estate values and market trends, having covered the Southern California real estate market since being first licensed as a real estate salesman in May 1976. Mr. Cortez has managed and sold foreclosed properties for Bank of America, Chase Bank, and Wells Fargo as a Preferred Real Estate Broker. Mr. Cortez has also served as the founding President and Chairman of the Board of the Regional Chamber of Commerce -San Gabriel Valley, and continues to serve on the Government Affairs Committee. The City hereby acknowledges, as an item of disclosure only, that the Consultant is also licensed as a real estate broker in the State of California, and the City further acknowledges the performance by the Consultant of customary real estate professional broker services involving third party clients and lands which may be located in the City of City of Baldwin Park; provided however that for as long as the Agreement is in effect, the Consultant shall not participate in any real estate professional broker services or claim a real estate broker commission which is payable to the Consultant by either the City or a third party involving any parcel of land or property which is subject to the foreclosed property registration program provisions of the City of Baldwin Park without first obtaining approval from the City. Notwithstanding the provisions of section above, the City may hereafter request the Consultant to provide real estate professional consulting services to the City on a non-exclusive basis for which a real estate broker commission may be payable to the Consultant, in connection with the acquisition or disposition of real property by the City including property which is subject to registration with the City under the City of Baldwin Page 12 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 % ,H' In Dark W egistration program. Each such request for professional real estate broker services shall be evidenced by a separate written real estate broker listing agreement by and between the Consultant and the City, which shall include terms which each party may accept or reject in its sole discretion. Consultant shall Administrate and carry out the implementation of a Foreclosed Property Registration Program for the City of Baldwin Park, California. The Consultant shall implement a program to Identify and Notify Beneficiaries of Trust Deeds which have caused a Notice of Default to be recorded on a property within the City of Baldwin Park. The Consultant shall utilize their technology and expertise gained in the past 30 years in the Industry to increase Compliance with the City of Baldwin Park's Foreclosed Property Registration Ordinance. Soo eIT ltn�lrnentaion Services 1. There have been 166 Properties that have had a foreclosure filing notice in the City of Baldwin Park within the previous twenty-four (24) month period. There have been 85 Notice of Default filings recorded in the last twelve (12) month period. 7 Properties have become Bank Owned in the last Twelve (12) months, and shall be baselined into the program. a. The baseline will include the completion of a Determination of Occupancy Inspection Report and a Property Condition report per property that has been registered.The objective of this program is to provide an immediate and continuing impact on the required maintenance and code compliance of the property by the foreclosing lender, and registration of the foreclosure properties. b. Consistent Documentation to enhance the City's ability to recover the registration fees and penalties for non-compliance with the City Foreclosed Property Registration ordinance. The proper implementation of this program will continue to assist to effectively notify and urge foreclosed property owner(s) to expedite maintenance and proper securing of the property for the safety of the community. 2. Initial Baseline Property Inspection of Preforeclosure and Trustee Sale or Auction status. The baseline will include the completion of a Determination of Occupancy Inspection Report and a Property Condition Report per property upon receipt of a completed Foreclosed Property Registration application and fee. There are 166 properties having had a Notice of Default filed in the previous twenty-four (24) months within the City of Baldwin Park, with approximately 128 of those with Page 13 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 ... M 2 " ore o proceedings. There are currently 22 properties that have had a Nbti e of Trustee's Sale filed within the last four (4) months and are scheduled for Foreclosure Auction within the next 45 days. Determination of condition of property: a. Document condition of properties- per "curbside" inspection noting condition of the lawn, debris, broken windows/doors, graffiti, and presence of personal property. b. Submit report regarding un -maintained properties or cases of vandalism via e-mail and/or if available, the City's online reporting system or secure incident management system. c. 6 inspections are included in this scope of work. If additional inspections are performed, they shall be billed to the Beneficiary/Owner of the property that has filed the Notice of Default and registered with the City of Baldwin Park. The fee billed to the Beneficiary/registrant shall be in the amount of $45.00 or as determined by the City of Baldwin Park. 3. Weekly tracking of properties that have entered the foreclosure process with the initial Notice of Default filed at the Office of the County Recorder shall be conducted as part of the process. This will enable the City of Baldwin Park to reach constituents in distress, identify specific unsafe and dangerous vacant properties that present health and safety risks, and contact the responsible lenders and institutions so as to inform them of the City ordinance requiring registration of foreclosure properties. This will ultimately enhance the City's program of property Code Compliance. a. Continue to perform a search of foreclosures filings within the City daily. b. Search for change in Status of property in Foreclosure. c. Check Auction Schedule and document daily change of status to Bank Owned for proposed action at the discretion of the City. 4. Updated Property Detail Report Constantly validate contact information of existing lenders of record by contacting via telephone or e-mail the trustee and/or the mortgage servicer. Make updated contact information available to the City. 5. Utilize the Proprietary Technology developed by Nationwide Cost Recovery Services, LLC to facilitate the online registration of properties by parties required to do so as per City Ordinance., The utilization of this technology enables the Page 14 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 rvee 'bnd Beneficiaries to comply as required with greater degree of de and improved accuracy. 6. Process and Procedures a. Implement processes and procedures and provide oversight for preparation of correspondence on all properties that are in the foreclosure process in the City of Baldwin Park. Maintain an updated profile on those Beneficiaries that have not registered. b. Implement the methodology for checking the Foreclosure status of all properties beyond the initial filing of the Notice of Default. c. Implement procedures and processes to call all Beneficiaries that have not registered with the City of Baldwin Park and open dialogue on payment of fees and fines that are outstanding. Provide oversight and perform implementation and execution of said procedures. d. implement procedures and processes for placing Cost Recovery calls to Trustees in order to open dialogue on the fees that are outstanding on unregistered properties in the City of Baldwin Park. e. Cost of printing and mailing shall be borne by the City of Baldwin Park from their share of the fees collected. Page 15 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 Pomp : The Consultant shall be paid 50% of collected amounts obtained from the collected registration fees and penalties under the Foreclosed Property Registration Program. Said percentage of fees and penalties collected shall be payable to consultant within 30 days from receipt by the City of Invoice provided by the consultant. This agreement shall continue for a three year period, renewable annually by mutual agreement. Upon the Receipt by the City of a total of $120,000.00 under the program, the share of the fees collected shall adjust to 40% payable to the Consultant, and the City to retain 60% on the basis of fees and penalties collected on a monthly basis. The City of Baldwin Park shall pay to Consultants Neftali Cortez and Elias S Cortez of Nationwide Cost Recovery Services, LLC on a net 30 day period. Resoectfully Submitted Signature: Neftali Corte Date Si nature: Elias 8 Cortez Princi al Date: Si nature: Chief Executive Officer: Shannon Yauchzee Date: Citv of Baldwin Park Page 16 Nationwide Cost Recovery Services, LLC 947 Longview Dr., Diamond Bar, Ca 91765 (909) 762-8135 20676 Center St., Riverside, Ca 92507 (909) 800-8918 Attachment #2 CONSULTA 7 SERVICES AO:1 . EMENT THIS AGREEMENT is made by and among the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "City") and Nationwide Cost Recovery Services, LLC (hereinafter referred to as "Consultant"). WHEREAS, to prevent the community from experiencing the blighting conditions that result when real property owners are in default on mortgages and their properties have been foreclosed on, are in the process of foreclosure, or are in imminent likelihood of the commencan-tent of foreclosure proceedings ("Distressed Properties"), City adopted Chapter 150.029 of the Baldwin Park Municipal Code ("BPMC"); WHEREAS, BMC Chapter 150.029 requires those with an interest in Distressed Properties within Baldwin Park, as a result of such things as deeds of trust, to inspect, and maintain those properties and register them with the City; WHEREAS, Consultant has experience in assisting cities in the San Gabriel Valley and other locations with implementing provisions similar to Chapter 150.029. Now, therefore, the Parties agree as follow: SECTION 1. SCOPE Or, SERVICES. Consultant shall assist City with implernen.tadon of Chapter 150.029 by providing the services described in Exhibit "A," which is incorporated herein by this reference. SECTION 2. TERM. This Agreement shall commence on February , 2017, and shall expire February 2022, unless the Parties agree in writing to extend this Agreement or it is terminated earlier as provided herein. SECTION 3. PERFORMANCE. A. Consultant shall at all times, faithfully, competently, and to the best of its principals' abilities, experience and talents, perform all tasks described in this Agreement. B. Consultant shall be knowledgeable of and subject to all City rules and regulations, standard operating procedures, and the supervisory chain of command. SECTION 4. WORK PRODUCT. Consultant hereby agrees all work products produced pursuant to this Agreement shall be the sole property of City and ownership of said work products shall be retained by City. Consultant shall provide those products within ten (10) days after a written request from City and work to date will be paid in according with Section 7. Consultant may retain copies of those work products. SECTION 5. EXTRA SERVICES. Consultant shall render no extra services beyond the Scope of Work described under this Agreement unless such extra services first shall have been duly authorized in writing by the Chief Executive Offices (the "CEO") of City. Additional services shall be subject to terms agreed to in writing by the City and Consultant. SECTION 6. CEO SUPERVISION. ' N. The CEO, or his/her designee, shall have the right of general supervision of all work performed by Consultant. No payment for services rendered under this Agreement shall be made without the prior approval of the CEO, or his/her designee. SECTION 7.PAYMENT. a. For Consultant's satisfactory completion of services required hereunder, City agrees to pay Consultant a fee equal to fifty percent (50%) of the registration fees and penalties actually collected by City pursuant to Chapter 150.029 after the effective date of this Agreement (the "Collected Registration Fees and Penalties'); provided, that when the total amount of the Collected Registration Fees is equal to One Hundred Twenty Thousand Dollars ($120,000.00), that percentage shall be reduced to forty percent (40%). b. Consultant shall provide an itemized bill to City on the 10t` of each month for work completed in the previous month detailing the work satisfactorily performed, time spent to date, amount pard to date and total amount being invoiced. The total amount of fees billed and paid shall not exceed the maximum set forth in Ta. Payment is due within thirty (30) days after approval of the bill by City. c. City shall not be required to make any payment until the insurance documents described in Section 12 have been submitted by Consultant and approved by City's City Attorney. SECTION 8. TERMINATION. City shall have the right to terminate this Agreement, with or without cause, for any reason within thirty days' (30 -days) written notice. Termination shall become effective thirty (30) days after delivery of written notice to Consultant and Consultant shall be due any and all payments for Collected Registration Fees and Penalties received by City on or before the date of termination for services satisfactorily performed. In the event City does not exercise the right to terminate as set forth herein, the Agreement shall automatically terminate on the Expiration Date. 2 SECTION 9. NON -LIABILITY OF OFFICIALS AND EM1: LO EA S F ' , 11?, CY11' . No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant. SECTION 10. INDEPENDENT CONSULTANT. T. Consultant is and shall at all times remain, as to City a wholly Independent Consultant. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant except as expressly set forth in this Agreement. Consultant shall not at any time or in any fashion represent Consultant is in any manner an officer, employee or agent of City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in this Agreement, City shall not pay salary wages, or other compensation to Consultant for performance hereunder for City. City shall not be liable for compensation to Consultant for injury or sickness arising out of performing services hereunder. SECTION 11. LEGAL RESPONSIB I'T`TES. Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to, the Baldwin Park Municipal code. City and its appointed or elected officers, employees, or agents shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section. SECTION 12. INDEMNIFICATION. Consultant agrees to and shall defend, indemnify, protect, and hold harmless City, and each of its elected and appointed boards, officers, officials, employees, agents and volunteers (the "Indeirutified Parties') from and against any and all claims, demands, lawsuits, defense costs, civil penalties, expenses, causes of action, judgements at law or in equity or liability of any kind or nature ("Claims') which the Indemnified Parties may sustain or incur or which may be imposed upon them for injuries or deaths of persons or damage to property arising out of Consultant's performance related to this Agreement. This section does not apply to liability arising out of the sole negligence of any of the Indemnified Parties. A copy of a certificate of insurance insuring Consultant for general liability in the amount of at least Two Million Dollars ($2,000,000.00) per claim and policy provisions or endorsement(s) (i) naming the Indemnified parties as additional insureds, (ii) showing that insurance being primary, any other City Insurance being non-contributory and (iii) providing that insurance cannot be cancelled or materially modified without thirty -days (30 -days') prior written notice to City shall be provided for reasonable approval by City's City Attorney. 3 SECTION . ENTIRE AGREE. ENT. This Agreement contains the entire understanding between City and Consultant related to the scope of work discussed herein and any prior agreements, promises, negotiations or representation not expressly set forth herein regarding that work are of no force of effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unforceable, then the remaining provisions of this Agreement shall be valid and binding. SECTION 14. WAIVEK Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 15. BIN -DING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the successors of each of the Parties hereto. SECTION 16. GOVERNING LA This Agreement shall be %:ntet:preted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. SECTION 17. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relieve to which it may be entitled. 4 SECTION 18. NOTICE. All notices shall be personally delivered ormailed to the addresses listed below: "CONSULTANT" Nationwide Cost Recovery Services, LLC Attn: Neftali Cortez 947 Longview Drive Diamond Bar, CA 91765 "CITY" City of Baldwin Park, Attn: Chief Executive Officer 14403 East Pacific Avenue, Baldwin Park, CA 91706 SECTION 19. ASSIGNMENT. Consultant shall not assign any right or obligation under this Agreement without the express written approval of City. IN WITNESSETH WHEREOF, the Parties have caused this Agreement to be executed on the date identified below. Dated: , 2017 APPROVED AS TO FORM: City Attorney Dated: , 2017 61 CITY OF BALDWIN PARI Shannon Yauchzee Chief Executive Officer Neftali Cortez, Principal Elias S. Cortez, Principal Attachment #3 MICE 0 HIM Scope of Services Consultant shall administer and carry out the implementation of a BMC Chapter 150.029. Consultant shall implement a program to identify and notify beneficiaries of deed of trust which have caused a Notice of Default to be recorded on a property within City's Jurisdiction. Consultant shall utilize their technology and expertise to increase compliance with the Chapter 150.029. ( o ii1i )t t�tatiop rvices 1. Preparation of a baseline which will include the completion of a Deterinfilation of Occupancy Inspection Report and a Property Condition report for all Distressed Properties within City's Jurisdiction. 2. Provide consistent documentation to enhance City's ability to recover the registration fees for non-compliance with Chapter 150.029. 3. Determination of condition of property. a. Document condition of Distressed Properties on baseline per "curb" inspection noting condition of the lawn, debris, broken windows/doors, graffiti, and presence of personal property. b. Submit report regarding un -maintained properties or cases of vandalism via e- mail and/or if available, City's online reporting system or secure incident management system. c. Weekly tracking of properties that have entered the foreclosure process with the Initial Notice of Default filed at the Office of the County Recorded shall be conducted as part of the process. 4. Continue to perform a search of foreclosures filings within City weekly by searching for changes in the status of properties in foreclosure and cl e6king auction schedules and document daily changes of status to bank -owned properties for proposed action at the discretion of City. 5. Update Property Detail Report. 6. Constantly validate contact information of existing lenders of record by contacting via e- mail the trustee and/or the mortgage servicer. Make updated contact information, including telephone number, available to City. 1 7. Process and Procedures a. Implement processes and procedures and provide oversight for preparation of correspondence on all properties that are on the foreclosure track in City. Maintain an updated profile on those beneficiaries that have not registered. b. Implement the methodology for checking the foreclosure status of all properties beyond the initial filing of the Notice of Default. c. Implement procedures and processes to contact via e-mail or telephone all beneficiaries not registered with City pursuant to Chapter 150.029 and open dialogue on payment of fees that are outstanding. d. Implement procedures and processes for placing cost recovery calls to trustees in order to open dialogue on the fees that are outstanding on unregistered properties in City. e. Create and implement a module for revenue recovery of the outstanding registrations, fees, and penalties by providing program developn ent, management and oversight as well as implementation of cost recovery methodologies to enhance compliance with Chapter 150.029 and to recover the cost of implementation of the program. 8. Cost of Printing and Mailing: Cost of printing, stuffing, and mailing shall be borne by the City from their share of the fees collected. 9. Sole Source: All cities in the State of California with a Foreclosed Property Registration Notice of Default Program managed by a consultant providing Database Aggregation, Notification, Registration, Physical Property curbside inspections, and invoice and payment oversight currently contract with Nationwide Cost Recovery Services, LLC (NCRS). NCRS facilitates a turnkey services program including Foreclosure Database Managenient, tracking, billing and Foreclosure Ordinance compliance of the Banks and property owners throughout the foreclosure process. The services are unique because of their availability and fitness for the Foreclosed Property Registration Program services. The services are available only from one source, NCRS. PA Cornensat,a►n reerent: The Consultant shall be paid 50% of collected amounts obtained from the collected registration fees and penalties under the Foreclosure Property Registration Program. The City shall retain 50% of collected amounts obtained from the collected registration fees provided, that when the total amount of the Collected Registration Fees and Penalties is equal to One Hundred Twenty Thousand Dollars ($120,000.00), that percentage the Consultant shall be paid will then be reduced to (40%), and the City shall then retain 60% of collected amounts obtained 'from the Foreclosure Property Registration Program. Said percentage of fees and penalties collected shall be payable to consultant within 30 days from receipt by the City of Invoice provided by the consultant. This agreement shall continue for a five-year period, renewable annually by mutual agreement. The City of Baldwin Park shall pay to Consultants Neftali Cortez and Elias S. Cortez of Nationwide Cost Recovery Services, LLC on a net 30 day period. d pc 9rally S11I nit d. Si afore: Neftali Cortez, BRE License 00560181 Date 'Sim a : Elias S Cortez Date: 3 AGENDA MARCH 15, 2017 7:00 P REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 SAN GABRIEL VALLEY OPEC) ,irk Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - Chair - Vice Chair - Board Member - Board Member - Board Member . PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y HEEPERSDURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, 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 a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerio durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un inter°prete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a. m. - 6:00 p. m.) ........ .................... . .._...... .... ---- ............... .....m,, . ......... n .....______ __. FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Vice Chair Susan Rubio and Chair 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 COMMISSION 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. [Govemment Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista 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 Gobiemo §54954.21 CONSENT CALENDAR 1. TREASURER'S REPORT — JANUARY 2017 Staff recommends that Council receive and file the Treasurer's Report: ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated this 9th day of March, 2017. AVelndra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e- mail at g avilra a) aidww iI..rgrL(.fLonp. 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. (26 CFR 34.102.104 ADA TITLE ll) ITEM NO. ` � , STAFF �. � R -84"'z TO: Honorable Mayor and City Councilmembers „0�axu��o� , �r � FROM: dose Tam, Director of Finance �wW s cirrc� DATE: March 15, 201.7 EY SUBJECT: TREASURER'S REPORT — JANUARY 2017 SUMMARY Attached is the Treasurer's Report for the month of January 2017. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2017. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. INVESTMENT DESCRIPTION � DESCRNPTpON State of California Local A9enH knvestnrent Fund City Housing Authority Certificate of Deposlt Capital One Bank USA NATL ASSN Wells Fargo Bank NA SIOUX Falls JP Morgan Chase Bank NA Columbus Ally Bank Midvale CTF DEP ACT/365 CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2017 INTEREST PURCHASE MATURITY RATE DATEDATE 0.75% Varies Varies 0.75% Varies Varies 1.15% 9114/2016 9/14/2018 1.15% 9/14/2016 9/14/2018 1.15% 9116/2016 9/16/2018 1.15% 9/17/2016 9/17/2018 PAR CURRENT BOOK MARKET VALUE PRINCIPAL VALUE VALUE" X XXW $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 13,171.30 13,171.30 13,171.30 13,171.30 15,306,012.12 15,306 012 12 _ 15,3 06,012.12 15,306,012.12 245,000.00 245,000.00 245,000.00 243,828.90 245,000.00 245,000.00 245,000.00 243,860.75 245,000.00 246,000.00 245,000.00 243,855.85 245,000.00 245,000.00 245,000.00 243,811.75 .._......--..--mmmmm980,000.00 980,000.00 __.-_..... 980,000.00 .__...._.-� 975,357.25 Fiscal Agent Funds - City Varies Varies Varies 2,617,690.82 2,617,690.82 2,617,690.82 2,617,690.82 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,097,181.40 3,097,181.40 3,097,181.40 3,097,181.40 .....__ $ 22 000 884,34_ $ 22,000 884 34 5,714,872.22 $ 21 1 9 Total Investments $ 22,000,884.34 Cash City Checking _ 6,552,652.91 Money Market Plus 9,020,373.09 City Miscellaneous Cash 47,109.73 Successor Agency 1,437,393.65 Housing Authority 109,056.18 Financing Authority 0.00 Investment Brokerage 1,183.82 Total Cash 17,167,769.38 Total Cash and Investments $ 39,168,653.72 Schedule of Cash and Investments Includes all financial assets as Included in the Comprehensive Annual Financial Report There was no Investment maturity/purchase transaction made for the month of January 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA --ffl weffl*iffiq lig MARCH 15, 2017 7:00 P REGULAR I EETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Susan Rubio Cruz Baca Monica Garcia Ricardo Pacheco - Chair - Vice Chair - Board Member - Board Member - Board 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 Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, 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 a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerto durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un inte rete ara su conveniencia _. ---p ........ Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Vice Chair Susan Rubio and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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 COMISI(SN No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracidnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR TREASURER'S REPORT — January 2017 Staff recommends that Council receive and file the Treasurer's Report: ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 91h day of March, 2017. AlejAdra Avila Secretary 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, 2"d 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 q vii <J)baic) or1park.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ITEM NO. /'gay S "A� O ;�� ;ti»�,�� , �- TO: Honorable Mayor and City Councilmembers �y FROM: Rose Tam, Director of Finance SA DATE: DATE: March 15, 2017 LL SUBJECT: TREASURER'S REPORT —JANUARY 2017 SUMMARY Attached is the Treasurer's Report for the month of January 2017. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2017, BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. INVESTMENT State of California Local Agency Investment Fund City Housing Authority Certificate of Deposit Caita� p I One Bank USA NATL ASSN Wells Fargo Bank NA SIOUX Falls JP Morgan Chase Bank NA Columbus Ally Bank Midvale CTF DEP ACT/366 CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2017 INTEREST PURCHASE MATURITY RATE DATE DATE 0.75% Varies Varies 0.75% Varies Varies 1.15% 9/1412016 9/14/2018 1.15% 9/1412016 9/14/2018 1.15% 9/1612016 9/16/2018 1.15% 9/1712016 9117/2018 PAR CURRENT BOOK MARKET VALUE PRINCIPAL VALUE VALUE $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 $ 15,292,840.82 13,171.30 13,171.30 13,171.30 13,171.30 _..._.... ...._..... �-� 15,306,012.12 _ ....._.. 15, 306,012.12 15, 306,012.12 15,306,012.12 245,000.00 245,000.00 245,000.00 243,628.90 245,000.00 245,000.00 245,000.00 243,860.75 245,000.00 245,000.00 245,000.00 243,855.85 246,000.00 245,000.00 245,000.00 243,811.75 ..._.-... _ 980,000.00 980,000.00 980,000.00 975,357.25 Fiscal Agent Funds - Clty, Varies Varies Varies 2,617,690.82 2,617,690.82 2,617,690.82 2,617,690.82 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,097,181.40 3,097,181.40 3,097,181.40 3,097,181.40 $ 22,000,884,34 $ � 22000,884.34 _ _----.. 5,714,872.22 $µn^wwmTy212!9,§,1111,1_ Total Investments $ 22,000,884.34 Cash City Checking 6,552,652.91 Money Market Plus 9,020,373.09 City Miscellaneous Cash 47,109.73 Successor Agency 1,437,393.65 Housing Authority 109,056.18 Financing Authority 0.00 Investment Brokerage _ 1,183.88_ Total Cash 17,167,769.38 Total Cash and Investments $ 39,168,653.72 Schedule of Cash and Investments Includes all financial assets as Included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of January 2017 and several deposlts/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are In compliance to the City's Statement of Investment Policy. Approved by: . "w Rose Tam Director of Finance