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Home My WebLink About2017 04 19NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, APRIL 19, 2017 at 6:00 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: April 13, 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 April 19, 2017. Alejandra Avila City Clerk 'op 14-1 LN1. CITY COUNCIL SPECIAL MEETING Please note time and meeting APRIL 19, 2017 -- location 6:00 PM CITY HALL - 31 Floor, Conference Room 307 14403 EAST 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 APA GAR 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, 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, 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. CITY COUNCIL SPECIAL MEETING – 6:00 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. (Codigo de Gobierno §54954.21 OPEN SESSION/STUDY SESSION 1. CITY POLICY City Policy Study Session by City Attorney Robert Tafoya RECESS TO CLOSED SESSION 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Community Development Director Public Works Director 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Tuttle v. City of Baldwin Park, et al Case No. 16-09167CAS 4. THREAT TO PUBLIC SAFETY OR FACILITIES Pursuant to Government Code §54957(a) Security briefing by Chief of Police 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): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 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 30, 2017. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail grjA1gLQbaldwin_ar� ,ror . 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 11) APRIL 19,2017 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 l il � E! I LTJ 4 014 Manuel Lozano Susan Rubio Cruz Baca Ricardo Pacheco Monica Garcia - Mayor Mayor Pro Tem Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccidn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por fres (3) minutos. Hay un interprete para su conveniencia. y that � s i ^;fid �i'9'F��Pd'R��"��' ua 'i�'P"� � P� " p 4'$bd �fw, �li�..�"-d d�k rrd d�ll &o .�, y'°,,,i-y Cit °l4 ,, p itil i� pi dl (44013 1, Iwin T'�i "�p'fld l�. � "N �.u� rp��RM.°�, �w,,',r hJOWI S �&I I dr;3 ay, 7,30 CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Ricardo Pacheco, Monica Garcia, Susan Rubio Mayor Pro Tem 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. • Presentation by Phil Hawkey, San Gabriel Valley Council of Governments with a Governing Board Status Report • Presentation of Proclamation in recognition of National Arbor Day 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 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] 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 — FEBRUARY 2017 Staff recommends that Council receive and file the Treasurer's Report: 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on November 2, 2016. B. Meeting Minutes of the Special and Regular Meetings of the City Council held on November 16, 2016. C. Meeting Minutes of the Special Meeting of the City Council held on December 7, 2016. 4. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR NEW POSTAGE, FOLDING/INSERTER MACHINES Staff recommends that Council approve entering into a 60 -month Lease Agreement with MailFinance, Inc. (a Neopost USA Company). 5. ADOPTION OF RESOLUTION NO. 2017-179 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFONIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM Staff recommends that Council: 1) Authorize the Director of Recreation and Community Services to submit a grant application to the State of California Climate Investments Urban Greening Program Grant; and 2) Waive further reading, read by title only and adopt Resolution No. 2017-179 entitled, "A Resolution of the City of Baldwin Park Approving the Application for Grant Funds from California Climate Investments Urban Greening Program." 6.. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECNIC SHOW WITH PYRO SPECTACULARS, INC. Staff recommends that Council approve the contract with Pyro Spectacular, Inc., for professional pyrotechnical services and authorize the Director of Recreation and Community Services to execute the agreement with Pyro Spectaculars, Inc. 7. RATIFY THE CONTRACT AMENDMENT WITH SOUTHLAND TRANSIT, INC. Staff recommends that Council ratify the contract Amendment with Southland Transit, Inc., and authorize the Mayor to execute the amendment. City Council Agenda Page 3 8. PURCHASE OF SPILLMAN COMPSTAT MANAGEMENT DASHBOARD MODULE AND SPILLMAN ANALYTICS MODULE Staff recommends that Council provide approval to: 1. Waive the formal bidding process pursuant to §34.23(8) of the Baldwin Park Municipal Code "when the supplies and equipment needed can be obtained from one source only." 2. Direct Finance staff to take the necessary action and make a budget appropriation of approximately $69,561 from Federal Asset Forfeiture fund (205- 30-370-58110-00000-2) toward the purchase of the Spillman Compstate Management Productivity Dashboard Module and Spillman Analytics/CrimeMonitor Module. 3. Authorize the Chief of Police, or his designee, to make the above purchase through the procedures outlined above. 9. AUTHORIZATION FOR A ONE YEAR CONTRACT EXTENSION TO COMPUTER SERVICES COMPANY FOR TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE AND REQUEST FOR ADDITIONAL FUNDS DUE TO UNFORESEEN DAMAGE TO CITY STREET LIGHT POLES AND TRAFFIC SIGNAL CONTROLLERS Staff recommends that Council: 1. Authorize the Mayor to execute the contract Amendment No. 1 to extend the existing contract with Computer Services Company (CSC) for a period of one year; and 2. Authorize the Director of Finance to appropriate additional funds for RY 2017 to cover the increase in unforeseen costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2017. 10. RESOLUTION 2017-181 AUTHORIZING THE DIRECTOR OF PUBIC WORKS TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00378s FOR MAINE AVENUE COMPLETE STREETS PROJECT Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-181, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute the Program Supplement Agreement No. P61 to Administering Agency -State Agreement for State Funded Projects No. 00378S." 11. APPROVE A RESOLUTION FOR THE JOINT TAX TRANSFER FOR ANNEXATION INTO THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Staff recommends that Council approve Resolution No. 2017-182, entitled "A Joint Resolution of the Board of Supervisors of the County of Los Angeles and the Governing Bodies of the San Gabriel Valley Mosquito and Vector Control District and City of Baldwin Park, Approving and Accepting the Negotiated Exchange of Property Tax Revenue Resulting from Annexation No. 2016-32 to the San Gabriel Valley Mosquito and Vector Control District." City Council Agenda Page 4 12. APPROVE AND ADOPT A RESOLUTION SUPPORTING "WOMEN AND GIRLS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS (STEM)" WEEK Staff recommends that Council approve and adopt Resolution No. 2017-185, entitled "A Resolution of the City Council of the City of Baldwin Park supporting April 2, 2017 through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and Mathematics (STEM)" Week. PUBLIC HEARING 13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT THAT WOULD MODIFY SECTION 153.170.105(H) ELIMINATING LANGUAGE TO ALLOW ALL NEW BILLBOARDS TO BE NO TALLER THAN 65 FEET IN HEIGHT REGARDLESS OF PROXIMITY TO A SOUND WALL AND A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION OF ONE DOUBLE-FACED DIGITAL BILLBOARD (LOCATION: 1919 PUENTE AVENUE; APPLICANT: BECKER BOARDS SMALL, LLC; CASE NUMBERS: AZC-185 AND DA 16-01). Staff and the Planning Commission recommends that Council open the public hearing and, following the public hearing: 1. Adopt Resolution No. 2017-180, entitled "A Resolution Of The City Council Of The City Of Baldwin Park Recommending That The City Council Approve And Adopt (1) The Mitigated Negative Declaration Of Environmental Impact (2) An Amendment To The City's Municipal Code Relating To Development Standards For Billboard Uses; And (3) A Development Agreement For The Construction Of A New Digital Billboard (1919 Puente Ave); (Locations: Citywide And 1919 Puente Ave.; APN: 8558-033-005; Applicant: Becker Boards Small, LLC; Case Numbers: AZC-185 And DA 16-01);" and 2. Introduce for first reading, by title only and waive further reading, Ordinance 1398, entitled, "An Ordinance Of City Council Of The City Of Baldwin Park Amending Section 153.170.105(H) To The Baldwin Park Municipal Code Relating To Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance 1399, entitled, "An Ordinance Of The City Council Of The City Of Baldwin Park Authorizing The City Of Baldwin Park To Enter Into A Development Agreement With Becker Boards Small, LLC For The Approval Of A New Digital Billboard Structure At The Real Property Located At 1919 Puente Avenue Along The 1-10 Freeway Within The City Of Baldwin Park." City Council Agenda Page 5 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-18 Staff recommends Council open the public hearing and, following the public hearing, approve the FY 2017-18 BIT Allocation Budget and approve Resolution No.2017- 184, entitled "A Resolution .of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018." REPORTS OF OFFICERS 15. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL Staff recommends that Council: 1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line. 16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY Staff recommends that council receive and file the Fourth of July Safety Enhancement Report. 17. JANUARY 2017 AND FEBRUARY 2017 CRIME STATISTICS Staff recommends that Council receive and file the report. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS COMMUNICATIONS City Council Agenda Page 6 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 13th day of April, 2017. elf " Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at. City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at- avlla+.'r balr Wbpprk. om. 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 7 +-STAFF REPOWU I'l'E'M NO. i"011 " TO: Honorable Mayor and City Councilmembers ,' rc FROM: Rose Tam, Director of Finance AiVaA`S9dIL DATE: A L V': April 19, 2017' �00 /Vi , ��' ' SUBJECT: WARRANTS AND DEMANDS. a JANO 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 $428,500.46 and the attached General Warrants Register were $580,595.41 for a total amount of $1,009,095.87. 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 198577 to 198605. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 254823 to 255085 for the period of March 12, 2017 through March 25, 2017, inclusive; these are presented and hereby ratified in the amount of $428,500.46. 2. General Warrants, including check numbers 214425 to 214585, in the total amount of $580,595.41 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. t7i m 0 -U, q M N L'i I- �-, m VI- LI) & m H 1p� �A -U� 0 lo 0 C) w P 0 Ul HWOOM :, -V� 00 ®7 ba CD P, �-, -Ut Ln �-, F- M m m W, 'o, �- w 1- �-, �-a m 0:) 0. 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STAFF REPORT LWT, TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance 40 DATE: April 19, 2017 - SUBJECT: TREASURER'S REPORT — FEBRUARY 2017 � fJ JAW f SUMMARY Attached is the Treasurer's Report for the month of February 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 February 2017. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 2/28/2017 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City Community Develop. Comm.* Housing Authority Certificate of Deposit 0.78% Varies Varies Varies Varies 0.78% Varies Varies Capital One IBank USA NATE.. ASSN 1.16% 9/1412016 9/14/2018 Wells Fargo Bank NA SIOUX Falls 1.16% 9/14/2016 9/14/2018 JP Morgan Chase Bank NA Columbus 1.15% 9/16/2016 9/16/2018 Ally Bank Midvale CTF DEP ACT/365 1.15% 9/17/2016 9/17/2018 Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successor Agency Varies Varies Varies $ 15,292,840.82 $ 16,292,840.82 $ 15,292,840.82 $ 16,292,840.82 0.00 0.00 0.00 13,171.30 13,171.30 13,171.30 13,171.30 15,306,012.12 15,306,012.12 16, 306,012.12 15, 306,012.12 245,000.00 246,000.00 246,000.00 243,914.66 245,000.00 246,000.00 245,000.00 243,948.95 246,000.00 246,000.00 246,000.00 243,939.16 246,000.00 245,000.00 246,000.00 243,897.50 980,000 00 _... .........___, 980,000.00 975,700.25 980,000.00 2,422,141.03 2,422,141.03 2,422,141.03 2,422,141.03 3,177,641.96 3,177,641.96 3,177,641.96 3,177,641.96 $ 21,886,795.11 $ 21,885,795.11 5,699,782.99 $ 21,881,495.36 Total Investments $ 21,885,795.11 Cash City Checking 6,662,214.58 Money Market Plus 9,024,870.92 City Miscellaneous Cash 46,680.38 Successor Agency 1,231,142.02 Housing Authority 129,776.31 Financing Authority 0.00 Investment Brokerage 1,356.11 Total Cash Total Cash and Investments Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report 17,095,040.32 $ 38,980,836.43 There was no investment maturity/purchase transaction made for the month of February 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et 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. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 2, 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 7:25 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 Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that, by a vote of 3 — 1 — 1 (Council member Baca voted No and Council Member Rubio Abstained) to advertise the position of Chief of Police, Baldwin Park Police Department, without seeking assistance from a recruiting consultant. Council member explained that the vote was held as council was concluded the meeting and her descending vote was because she felt there should be time to consider all aspects prior to making the decision; Council member Rubio stated that she did no vote on the item at all because she was not comfortable voting on a matter that she did not have enough information and clarified that there was no discussion on the item. Council member Pacheco stated that, for clarification, the vote was done properly in closed session and that it was premature to discuss the salary; Mayor Pro Tem Garcia stated that the decision was made because voting council members did not feel it to be in best interest of the City to spend $25,000 on a consultant. ANNOUNCEMENTS Mayor Lozano asked that the meeting be closed in memory of Mrs. Plata, who will be missed as an active member of the community; extended condolences to the entire family. Council member Baca also requested that the meeting be closed in memory of Henry Castita, a well know musician who played with his brother at many community events; extended condolences. Mayor Lozano also called for closing the meeting in memory of Ricky Magdaleno, a well-known baseball player in the community; Mayor Pro Tem Garcia also extended condolences and noted the loss of Ricky. Council member Rubio reminded the community of the 60th Anniversary Parade that would be held on November 5th and invited everyone out to enjoy the parade. Council member Baca extended thanks to West- Coast Arborist and to City staff for the recent efforts in planting 105 new trees. Council discussed further the decisions relating to hiring a consultant to assist with recruitment of a new police chief and allegations that there was an officer of the City of Inglewood who was representing that he would be the new chief of police for Baldwin Park. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Plaques to Javier and Eva Navarro in recognition of being selected Senior King and Queen for 2016 This item was removed from the agenda and will be brought back at the next regularly scheduled Council meeting. • Presentation by Belinda Valles Faustino, Co -Chair of the Safe, Clean Neighborhood Parks and Open Space for All campaign, on the Los Angeles Countywide Comprehensive Park and Recreation Needs Assessment and the Los Angeles County Parks and Open Space Measure A Belinda Valles Faustino, representing the Safe, Clean Neighborhood Parks and Open Space for All campaign, narrated a PowerPoint presentation and discussed the need for parks and green space in Baldwin Park. • Presentation by Jose Martinez, new General Manager of the Valley County Water District, regarding the current state of the drought conditions and the declaration of a Stage 1 Water Supply Emergency Mr. Martinez narrated a PowerPoint presentation and discussed current drought conditions in California and in the San Gabriel Valley. • Presentation on Medical Marijuana businesses and related issues Michael Lazzat and Nick Sameniego, California Commodities and Holdings, spoke of the issue of medical marijuana in California and its potential for building cannabis growing facilities in Baldwin Park; described how issuing permits may be a way to bring revenue into the community and serve a beneficial purpose. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:17 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, expressed support for the City's new credit card/debit card program; opined that the expenses associated with the program are being hidden from citizens and that, in the end, it will cost much more than represented; commented on the nomination of Valerie Munoz to the Cities Without Prescriptive Water Pumping Rights; commented on the person representing the chief of police. Page 2 of 9 Gariel Amire, EI Monte resident, stated that he emailed all Council members regarding the selection of a new police chief; commented on the selection process and suggested that Council seek and listen to input from the community. Arturo Luna„ Baldwin Park resident, commented on the progression of the meeting, complaining that the order of the agenda is not being followed; commented on the police chief recruitment; opined that people have the right to submit paperwork as a freedom of expression. Thomas Kerr, San Bernardino resident, commented on business conduct of one of the Council member and the conflict of interest; commented on a Council member's receipt of campaign contributions; suggested that the chief of police position be filled from within; commented on decisions regarding consultants and the threshold increase that Council passed. Juan Rios, Baldwin Park resident, commented on the number of police chiefs that have worked for Baldwin Park and opined that they must be a puppet in order to last in the position. Daniel Lozanos, One Legacy organ donation; invited Council to place a flower on the Rose Parade float that is being constructed for the 2017 Rose Parade. I rrrr Damien, Baldwin Park resident, opined that council should have allowed the incumbent Margaret Clark and others to speak regarding the nomination of a candidate for the San Gabriel Valley Water Authority. Opined that Council should spend the funds to hire a consultant to assist with hiring a new police chief. Greg Tuttle, Baldwin Park business owner, commented on the decision against hiring a consultant to assist with hiring a new police chief; commented on various issues related to council. Margarita Var as, Baldwin Park resident, commented on the lack of rules of decorum, noting that it is supposed to be printed on the agenda; stated that other cities do not permit speakers during public communication to speak to individual council members. Seeing no others wishing to speak, Public Communications was closed. CONSENT CALENDAR Item Nos. 6 and 7 were be taken separately for discussion. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve, adopt and authorize Item Nos. 1 through 5 and Item No. 8. 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: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 9 2. TREASURER'S REPORT — SEPTEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Want, Joe - Claimant alleges the police department illegally towed and impounded he vehicle. 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. 4. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meetings held on August 3, 2016. B. Meeting Minutes of the Housing Authority, Finance Authority and Special City Council Meetings held on August 17, 2016. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVAL OF ADDITIONAL FUNDING FOR CITY PROJECT NO. 2016-0152, CORAK STORM DRAIN Staff recommends that Council: 1. Approve the appropriation of $80,000 from Proposition C — Fund #245; and 2. Authorize the Director of Finance to make the appropriate transfers and fund adjustments. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to 1. Approve the appropriation of $80,000 from Proposition C — Fund #245; and 2. Authorize the Director of Finance to make the appropriate transfers and fund Page 4 of 9 adjustments. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE PARCEL MAP NO. 1427 Staff recommends that Council approve Parcel Map No. 1427 and authorize the City Clerk and staff to sign the final tract map. This item was pulled and will appear at the next Regular City Council meeting, A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to bring this back at the next Regular City Council meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVAL TO RELEASE FUNDS ALLOCATED BY THE OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM Staff recommends that Council approve and authorize: 1. The Director of Finance to appropriate the funds awarded by the Office of Traffic Safety in the amount of $70,000; and 2. The Acting Chief of Police or his designee to complete any required document for processing the purchase of equipment and for acquiring the grant funds. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve and authorize the Director of Finance to appropriate the funds awarded by the Office of Traffic Safety in the amount of $70,000; and the Acting Chief of Police or his designee to complete any required document for processing the purchase of equipment and for acquiring the grant funds AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC FEARING None. REPORTS OF OFFICERS 8. CONSIDERATION OF A FIRST READING AND INTRODUCTION OF ORDINANCE NO. 1391, REPEALING ORDINANCE NO. 1244 AND REPEALING SECTION 30.05 OF CHAPTER 30 OF THE BALDWIN PARK MUNICIPAL CODE Staff recommends that Council discuss possible adoption of Ordinance No. 1391 entitled, "An Ordinance of the City Council of the City of Baldwin Park, California, Repealing Page 5 of 9 Ordinance No. 1244 and Repealing Section 30.05 of Chapter 30 of the Baldwin Park Municipal Code, Moving the Date of the City's General Municipal Election From the First Tuesday After the First Monday in November of Odd -Numbered Years To the First Tuesday After the First Monday in November of Even -Numbered Years Beginning in November 2018." Council member Rubio suggested that this item be brought back to allow time for public education in the interest of voter turn -out. Council member Rubio made a motion, seconded by Council member Baca to postpone this item until public outreach could be conducted and the community is better educated on the purpose of changing the election year. Mayor Lozano explained that this action is a result of legislative action taken at the state level and that municipalities will be required to comply based on voter turn -out. Council member Baca supported Council member Rubio's suggestion that the decision be postponed until the public can be educated and understand the reason for the change. Mayor Lozano restated the motion by Council member Rubio and sought vote on the item. Council member Pacheco objected to the motion. Discussion ensued regarding the length of term for any council seat and the need to provide information to the constituents as they are the ones voting in members of council. Council member Rubio felt the change should not be done without educating the public. With that objection, Mayor Lozano directed the City Clerk to conduct a roll call vote with the following results: AYES: Baca, Rubio NOES: Lozano, Garcia, Pacheco ABSENT: None. ABSTAIN: None. The motion failed. A motion was made by Lozano, seconded by Garcia, to adopt and conduct a first reading of Ordinance No. 1391. Council member Baca voiced objection so Mayor Lozano directed the City Clerk to conduct a roll call vote. AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. A motion was made by Lozano, seconded by Garcia, and carried 3 — 2 to adopt and conduct the first reading of Ordinance No. 1391, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Repealing Ordinance No. 1244 and Repealing Section 30.05 of Chapter 30 of the Baldwin Park Municipal Code, Moving the Date of the City's General Municipal Election From the First Tuesday After the First Monday in November of Odd -Numbered Years To the First Tuesday After the First Monday in November of Even -Numbered Years Beginning in November 2018." Page 6 of 9 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request for Consideration by Councilmember Susan Rubio: Discussion and consideration to provide staff direction to add additional engineering consultants to the approved list of on-call engineering consultants to ensure a competitive process when staff are faced with deadlines. Council member Rubio would like Council to consider directing staff to source additional consultants add to the approved list of on-call engineering service providers in order to alleviate being forced to select a supplier at the last minute due to impending deadlines. She feels that there should be a minimum of three consultants on the list to avoid the appearance of "sole source" selections. Council member Baca made a motion to move forward with adding additional consultants to the approved on-call engineering services consultants to provide proper competition not only on cost but on qualifications. This motion was seconded by Council member Rubio, however Council member Pacheco objected. With that, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results were as follows: AYES: Baca, Rubio NOES: Lozano, Garcia, Pacheco ABSENT: None. ABSTAIN: None. The motion failed 2 - 3. Mayor Pro Tem Garcia expressed the desire to discuss the matter more and Council member Pacheco noted that the list was a result of a Request For Proposal (RFP) process and that the purpose of the list is to expedite the process and also noted that the RFP will be expiring soon and the process will be repeated. Council member Rubio expressed her objection and held that additional consultants should be added to the list to ensure proper competition and a choice of qualified consultants. Mayor Pro Tem Garcia asked Interim Public Works Director Gutierrez whether an engineer is selected at the time a project is brought before Council for approval. Mr. Gutierrez explained that there are one firm for each of the types of services needed for each step in a project. Mayor Pro Tem Garcia confirmed that all consultants are qualified and were approved by Council. Discussion continued as Council member Rubio pointed out that having only one vendor available for each type of services is not good business practice; opined that Council is forced to approve contracts with a single consultant rather than having any options. Council member Pacheco expressed disagreement with Council member Rubio's position. Mayor Pro Tem Garcia made a motion to continue to conduct business or decisions as has been done previously; Council member Pacheco seconded the motion. Council member Baca voiced objection. Page 7 of 9 With that, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results were as follows: AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Motion passed 3 — 2 to continue to conduct business or decisions as has been done previously; Council member Pacheco seconded the motion. Council member Baca voiced objection.. Discussion continued and allegations were made as to the intention of some council members. Final discussion concluded with comments regarding the qualifications and resulting reports from consultants that are paid a substantial amount of money. • Request for Consideration by Councilmember Cruz Baca: Discussion and consideration regarding Audit Committee meetings. Council member Baca noted that Audit Committee meetings should be meeting more frequently and asked that an Ad Hoc committee be formed to meeting when Council members are not available to meet; expressed great concern regarding upcoming budget work. Mayor Pro Tem Garcia asked that a report be provided by the Finance Director, Rose Tam, to allow council to discuss concerns rather than holding audit committee meetings. Discussion continued and council members talked about whether a separate committee was necessary as opposed to Council receiving such reports and discussing them in open Council Meetings. Council member Rubio made a motion to reinstate the Audit Ad Hoc Committee and reestablish a regular meeting schedule. Council member Baca seconded the motion. Council member Pacheco voiced objection. With that, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results were as follows: AYES: Baca, Rubio NOES: Lozano, Garcia, Pacheco ABSENT: None. ABSTAIN: None. Motion Failed 2 - 3 Council member Baca stated for the record "they are refusing to have the audit committee meetings." Mayor Lozano also stated for the record "to all the staff members - I trust you." Mayor opined that everything is above board and thanked staff for their work. Discussion and consideration of directing staff to provide a Status Report at the first Council meeting every month on all Public Works projects. Discussion also brought up that representatives from the outside audit for stated that it would help with audits. Page 8 of 9 Council member Baca asked that Public Works provide a status report on a regular basis, every first meeting of the month, so that Council knows what projects are coming up and what is in progress. Council member Pacheco pointed out that Council is already received a type of status update in the weekly email sent out by staff; pointed out that it is a duplication of work for staff; suggested that a project report be put online for the community to stay informed on current projects. Council member Rubio stated that such a report would be beneficial to the public so that they know what is going on in the community. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council member Pacheco, to adjourn the Regular meeting at 10:22 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 ITEM NO. 3 18 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING NOVEMBER 16, 2016, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:03 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council member Susan Rubio Council member Cruz Baca Mayor Manuel Lozano Arrived at 6: 1.B pm Mayor Pro Tem Monica Garcia Councilmember Ricardo Pacheco PUBLIC COMMUNICATIONS Seeing no one wishing to speak, Public Communications closed at 6:03 p.m.. OPEN SESSION None. RECESS TO CLOSED SESSION At 6:40 p.m., Council recessed to Closed Session, noting that the remaining presentations would be heard after the conclusion of Closed Session. 1. PUBLIC EMPLOYEE (GC §54957): Title: Chief of Police 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): Two (2) 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government C ode A. Property: 14745-14799 W Badillo St – APN #8437-013-905 Page 1 of 2 6qgncy _No gofigtor. Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney 9 iatinarties: BP Development Partners I (aka Walbern Developments) Dn?er Nµ e ,Lfiatiom Disposition and Development Agreement 13. !Lr9pexty: 14349 Pacific Ave – APN #8553-011-901; 14349 Pacific Ave – APN #8553-011-902; 14349 Pacific Ave – APN #8553-011-903; and 4001 Main Ave –APN #8553-011-904 esligkatrs: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney N g2fLztin_ Parties: BP Development Partners I (aka Walbern Developments) LP-(ry Ne. ot�pn: Disposition and Development Agreement 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park, Case Numbers: BC548602 RECONVENE TO OPEN SESSION REPORT FROM CLOSED SESSION Mayor Lozano reported out that, on a vote of 3 – 2, a recruitment for the Chief of Police would be conducted based on qualification; reported that a unanimous vote passed the decision to hire a legal firm to handle the charges of harassment filed by Council members Baca and Pacheco; reported that by unanimous vote, an investigation would be conducted on the harassment charged and that mediation would be sought. ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 7:15 p.m. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 16,2016,7:00 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 7:16 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 Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out that, on a vote of 3 — 2, a recruitment for the Chief of Police would be conducted based on qualification; reported that a unanimous vote passed the decision to hire Kaufman law firm to handle the charges of harassment filed by Council members Baca and Pacheco; reported that by unanimous vote, an investigation would be conducted on the harassment charged and that mediation would be sought. Council member Rubio clarified that she had voted against it as she had requested a pay cap which will be in alignment with surrounding cities. Council member Pacheco supported his decision to vote for the Chief of Police recruitment because he believes it should be according to qualifications and should not be constrained by the pay scale. Discussion also touched on the decision to hire a law firm to resolve the issues between Council members and the possibility of mediation. ANNOUNCEMENTS City Treasurer Contreras thanked everyone for their support during the difficult time Mr. Contreras as he was in recovery from cancer. Mayor Lozano thanked everyone that participated in the parade and how enjoyable it was to have the parade back; noted that the community seemed to enjoy the parade very much. Council member Pacheco asked that the meeting be closed in memory of Emmanuel Bravo who was a resident of Baldwin Park but was a victim of work place violence; extended heartfelt condolences to his family and all those who cared for him. Noted that Dr. and Mrs. Flores would be celebrating their 55th wedding anniversary and extended well wishes to the couple. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation by Lou Ortega, Pharm.D, Outpatient Pharmacy Director at Kaiser Permanente Baldwin Park Medical Center, to congratulate the City of Baldwin Park and Baldwin Park Police Department for their successful participation in National Drug Take Back Day 2016. • Recognition of Javier and Eva Navarro in recognition of being selected Senior King and Queen for 2016. • Recognition of Baldwin Park Police Officer Adam Acuna and Los Angeles County Fire Captain Matthew "Matt" Boyan for being honored by Congresswoman Grace Napolitano for their exemplary service to community and country. • Introduction of Norma Martinez, District Director for the San Gabriel Valley/EI Monte Regional Office of Hilda L. Solis, Supervisor of the First District, Los Angeles County Board of Supervisors PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:45 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. David Ramirez, EI Monte resident, distributed pictures to Council and spoke about towing services in EI Monte; issues arose regarding Royal Coaches Towing Services particularly that the owner and staff are intimidating, confrontational, have a bad attitude and yell at residents; opined that Royal Coaches should stay out of EI Monte and that they should be civil. EI Monte Resident opined that the owner of Royal Coaches has no respect for people and that he yelled at the residents' wife and upset him to the point he was shaking; stated that the owner acted like it was okay to conduct himself is such a rude manner. Arturo Luna, Baldwin Park resident, asked that Council follow the agenda in order; opined that citizens in the community are not being listened to. Unidentified weaker, asked "Where is downtown Baldwin Park?" and noted that it is hard to tell; suggested that council members participate in a "ride along" so that they get a better understanding of the community; suggested that the new chief of police be a good, quality person so that everyone ca have respect for City staff. Juan Rios, Baldwin Park resident, opined that Council members were being verbally abusive to one another and the City Attorney should have stopped such conduct; noted that a code of conduct is very important and council should be respectful to one another. Care_, Tuttle, Baldwin Park business owner, commented on allegations that he is a political campaign manager; commented on Council's desire to utilize school district property for green space (parks) on the weekends; commented on chief of police recruitment. Page 2 of 9 Mar arita "Var Vis, Baldwin Park resident, thanked Council for holding the annual parade, noting that many in attendance said that they really enjoyed it; asked that the Woman's Club be provided a certification of participation for their representation in the parade; asked that a large item that was dumped be removed. Seeing no others wishing to speak, Public Communications closed at 8:05 p.m. Council member Rubio reminded everyone that the local churches are collecting frozen turkeys and other holiday foods so that holiday baskets can be provided to needy families. CONSENT CALENDAR Council pulled Items 3 and 4 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 Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Doovas, William Claimant alleges that he was placed in a Section 5150 hold illegally by the Baldwin Park Police Department A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to reject claim(s) and direct staff to send appropriate notice of rejection to claimant(s). AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. SECOND READING OF ORDINANCE NO. 1391 PERTAINING TO THE CONSOLIDATION OF ELECTIONS AND CHANGING THE CITY MUNICIPAL ELECTIONS FROM ODD YEARS TO EVEN YEARS Staff recommends that Council consider adopting the second reading of Ordinance No. 1391, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Repealing Ordinance No. 1244 and Repealing Section 30.05 of Chapter 30 of the Baldwin Park Municipal Code, Moving the Date of the City's General Municipal Election from the First Tuesday After the First Monday in November of Odd -Numbered Years to the First Tuesday After the First Monday in November of Even -Numbered Years Beginning in November 2018." Council member Baca asked about the Municipal Code and asked that the City Attorney provide an analysis; would like to determine whether changing the election Page 3 of 9 year should be brought to the voters rather than Council making the decision. Council member Rubio reiterated her previous concerns with regard to educating the community and holding off on making this decision. Mayor Pro Tem Garcia stated that the election year had previously been changed and the City consolidates elections with the County. Mayor Pro Tem Garcia made a motion, seconded by Council member Pacheco to approve the second reading and adopt the Ordinance. Council member Rubio voiced objection. Council member Baca made a substitute motion to bring this item back on December 7th so that Council can get clarification for Council and the residents as to what the Municipal Code states about the elections. Council member Rubio seconded the motion and Council member Pacheco voice objection. With that, Mayor Lozano directed the City Clerk to conduct a roll call vote: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. The motion failed 2 — 3. Mayor Pro Tem Garcia's motion was brought back and seconded by Council member Pacheco. Council member Baca objected. With that, Mayor Lozano directed the City Clerk to conduct a roll call vote: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. A motion was made by Garcia, seconded by Pacheco, and carried (3 — 2) to conduct the second reading and, following such reading by title only, approve and adopt Ordinance No. 1391, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Repealing Ordinance No. 1244 and Repealing Section 30.05 of Chapter 30 of the Baldwin Park Municipal Code, Moving the Date of the City's General Municipal Election from the First Tuesday After the First Monday in November of Odd -Numbered Years to the First Tuesday After the First Monday in November of Even -Numbered Years Beginning in November 2018." 4. ADOPTION OF SALARY RESOLUTION NO. 2016-157 TO UPDATE THE COMPREHENSIVE PAY SCHEDULE TO INCLUDE A SEVEN -STEP SALARY RANGE FOR HUMAN RESOURCES/RISK MANAGER IN ACCORDANCE WITH CALIPERS GUIDELINES Staff recommends that Council approve Resolution 2016-157, entitled "A Resolution of the City Council of the City of Baldwin Park Adopting a Salary Resolution to Establish a Comprehensive Pay Schedule for All Full Time Employees, Part Time Employees and Page 4 of 9 5 6. Elected Officials in Accordance with CalPERS Guidelines." Council member Rubio asked to confirm that any salary increase steps would come before Council for approval prior to that increase being instated. CEO Yauchzee affirmed Council Member Rubio's summary. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) approve Resolution 2016-157, entitled "A Resolution of the City Council of the City of Baldwin Park Adopting a Salary Resolution to Establish a Comprehensive Pay Schedule for All Full Time Employees, Part Time Employees and Elected Officials in Accordance with CalPERS Guidelines." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. MANAGED CAREER SOLUTIONS, AN OPERATOR OF AMERICA'S JOB CENTER OF CALIFORNIA, SEEKING A LETTER OF SUPPORT FOR THE CONTINUED COLLABORATION Staff recommends that Council authorize the Mayor to sign the Letter of Support. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to authorize the Mayor to sign the Letter of Support. AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio RATIFICATION OF THE AMENDED CONTRACT WITH CALIFORNIA CONSULTING Staff recommends that Council approve and authorize the Mayor to sign the amended contract. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and authorize the Mayor to sign the amended contract.. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE PARCEL MAP NO. 1427 CONTINUED FROM NOVEMBER 2, 2016 Staff recommends that Council accept Parcel Map No. 1427 and authorize the City Clerk and staff to sign the final tract map. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to accept Parcel Map No. 1427 and authorize the City Clerk and staff to sign the final tract map. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 9 8. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0150, KENMORE AVENUE, OHIO STREET AND ALLEYS Staff recommends that Council: a. Accept the construction improvements by Gentry General Engineering, Inc., and authorize the recordation of a Notice of Completion; and b. Approve the appropriation of $4,638.21 from Surface Transportation Program — Fund 241; and c. Authorize the payment of $25,221.05 in retention funds to Gentry General Engineering, Inc., upon expiration of the 35 -day notice period. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to Accept the construction improvements by Gentry General Engineering, Inc., and authorize the recordation of a Notice of Completion; and approve the appropriation of $4,638.21 from Surface Transportation Program — Fund 241; and authorize the payment of $25,221.05 in retention funds to Gentry General Engineering, Inc., upon expiration of the 35 -day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board members so request, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA —1 CERTIFICATES OF COMPLETION FOR THE SIERRA CENTER (TARGET SHOPPING CENTER PROJECT) AT 3100 BALDWIN PARK BOULEVARD Staff recommends that the Successor Agency approve the Certificates of Completion for the Sierra Center (Target Shopping Center) Project and direct the Chair of the Successor Agency to execute the Certificates of Completion. City Planner Harbin provided a summary of the purpose of the item, clarifying that this is a routine action that would normally be performed immediately after construction, however this action was overlooked at the time. A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to approve the Certificates of Completion for the Sierra Center (Target Shopping Center) Project and direct the Chair of the Successor Agency to execute the Certificates of Completion.. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 9 PUBLIC HEARING None. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY REPORTS OF OFFICERS HSA-1 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I and authorize the Chair to execute the agreement after a final review by the City Attorney. HSA -2 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I and authorize the Chair to execute the agreement after a final review by the City Attorney. The Housing Successor Agency items listed above shall be heard concurrently with City Council Item Nos. 9 and 10. Mayor Lozano announced at the beginning of the meeting that all items pertaining to the BP Development Partners Disposition and Development Agreements would Council Member Baca noticed that the Housing Successor Agency meetings were previously held separately. CEO Yauchzee extended clarification as to those items under discussion and indicated that this action item is within the prevue of Council on behalf of the Board of the Housing Successor Agency and will be appearing in a Study Session and the Regular agenda on December 7, 2017. Mayor Lozano confirmed that these items would be brought back at the December 7th meeting following a Study Session. Council member Rubio made a motion to hold a Study Session to review these items prior to brining before Council for decision. The motion was seconded by Council Member Baca however Council member Pacheco voiced objection. With the objection, Mayor Lozano directed the City Clerk to conduct a roll call vote: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None. The motion failed 2 — 3. The items will be brought back at the next Council meeting, Page 7 of 9 REPORTS OF OFFICERS CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I and authorize the Mayor to execute the agreement after a final review by the City Attorney. 2. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I and authorize the Mayor to execute the agreement after a final review by the City Attorney. The Council items listed above shall be heard concurrently with Housing Successor Agency Item Nos. HSA — 1 and HSA - 2. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Councilmember Pacheco is requesting discussion: • Council member Pacheco Requests City Council Discussion and consideration of Council Women Susan Rubio and Cruz Baca creating hostile work place environment with Council Members and City Employees in collusion with Campaign Manager Greg Tuttle. Council member Pacheco stated that he would be bringing this discussion back at the next Council meeting. Council member Rubio voiced objection due to the personal nature of the allegations associated with this discussion. Council member Rubio pointed out that the allegations are false and that it is inappropriate to use the agenda. Council member Baca asserted that some of the allegations, specifically regarding Greg Tuttle, are confusing and inaccurate. Council member Pacheco reiterated his desire to move the item to the next meeting and asserted his right to do so as he is the requestor. Request by Council member Pacheco that the Council Meeting be closed on in memory of Emmanuel Bravo, an Alumni member at St. John the Baptist School. Council member Pacheco asked that the meeting be closed in memory of long-time resident Emmanuel Bravo and extended condolences to his family and friends. Page 8 of 9 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 8:41 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 ITEM NO. L5 C--' MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING DECEMBER 7, 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 5:45 p.m. by Mayor Lozano. ROLL CALL PRESENT: Mayor Manuel Lozano Mayor Pro Tem Monica Garcia (arrived 5:52 p.m.) Councilmember Susan Rubio Councilmember Cruz Baca Councilmember Ricardo Pacheco PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:47 p.m. Grime, Baldwin Park business owner, alleged that Walbern and Brandywine are shell corporations, and that the property being considered for purchase is being undervalued; inquired as to why the City is not dealing directly with Brandywine; opined that the City is not considering the value of the property and alleged that there is some impropriety. Arturo Luna, Baldwin Park resident, inquired about construction activities at Walnut Creek Nature Park opining that there is too much concrete work being done; expressed his dissatisfaction with the way business is being conducted by the City. Juan Rios, Baldwin Park resident, stated that he was under the impression that a park was going to be build [across from City Hall]; asserted that Baldwin Park does not need additional apartments but does need open space and parks. Seeing no others wishing to speak, Public Communications closed at 5:58 p.m. OPEN SESSION 1. PRESENTATION REGARDING MEDICAL CANNABIS CULTIVATION Presentation by City Attorney Robert N. Tafoya regarding cultivation of cannabis for medical purposes within City jurisdiction. City Attorney Tafoya gave a brief overview of what a new ordinance would include and the options that are available for Council consideration. City Attorney Tafoya indicated that the subject is extensive and additional time is needed to fully discuss options. Page 1 of 3 Council briefly discussed methods that may be used to determine permit issuance for cultivation facilities, possibly basing issuance on square footage; determined that this item should be brought back in an independent study session for further consideration. Council member Pacheco made a motion, seconded by Council member Rubio to conduct an independent study session for further consideration of medical cannabis cultivation in Baldwin Park. 2. PRESENTATION ON MIXED-USE DEVELOPMENTS IN DOWNTOWN BALDWIN PARK Presentation by Walbern Developments, Inc., regarding mixed-use development opportunities in the downtown Baldwin Park area. Matt Waken, representing Walbern Developments, Inc., narrated a PowerPoint presentation on proposed development designs and responded to questions from Council. RECESS TO CLOSED SESSION 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 A. Property: 14745-14799 West Badillo Street – APN #8437-013-905 A enc hlgotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Ne ofiatin Parties: BP Development Partners I (aka Walbern Developments) Under Negotiation: Disposition and Development Agreement B. Property: 14349 Pacific Avenue – APN #8553-011-902; 14349 Pacific Avenue – APN #8553-011-903; 4001 Maine Avenue – APN #8553-011-904; and 14349 Pacific Avenue – APN #8553-011-901 enc T`i'e ogaiatrs: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Ike ot�nr P rfies; BP Development Partners I (aka Walbern Developments) Undg Ne otiation: Disposition and Development Agreement 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v City of Baldwin Park, Case No. BC548602 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): Two (2) 6. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Page 2 of 3 Agent le igI eek r ;pLe sentatives: Shannon Yauchzee; Chief Executive Officer, and Robert N. Tafoya; City Attorney �I.pA r Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association pct .r rated Ern lgygt(§�: 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 3 of 3 l TO: Honorable Mayor and Members of the City Council tw f FROM: Mark Hsu, Information Systems Supervisor SA Ally tEy' ,% DATE: April 19, 2017 ' JAW SUBJECT: AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR NEW POSTAGE, FOLDING/INSERTER AND MACHINES SUMMARY This report is to request that City Council authorize Information Systems to enter into a lease agreement for new mail system, folding/inserter machines. FISCAL IMPACT There is no impact for this fiscal year. The new agreement will be billed for $668.65/mo starting in September which is the same as the current cost. RECOMMENDATION It is recommended that the City Council approve entering into a 60 month Lease Agreement with MailFinance Inc. (a Neopost USA Company). BACKGROUND We are currently leasing the IS480 Mailing System and DS63 Folding/Inserter and have entered the stage of the lease where we have options to upgrade the equipment. The current lease agreements will expire in June, 2017. The new mail system has ergonomic design with a color touch screen and multiple weighing platform options and it also has mixed -size automatic feeder handling different mail shapes with no sorting required. The new agreement is piggybacking off of the National Joint Power Alliance (NJPA) Co -Op Contract Agreement and therefore bids are not required. LEGAL REVIEW Not applicable ALTERNATIVES The City Council may choose to direct staff to not enter into a new lease agreement. We will keep paying the monthly payment. ATTACHMENTS A. Why Wait Program Agreement B. A copy of National Joint Powers Alliance Co -Op master contract Attachment # MailFinance A Neopost USA Company Why Wait Program Agreement The Neopost Why Wait program entitles you to upgrade your Neopost equipment up to 6 months prior to the end of the term of your Current Lease. Your new lease term will automatically commence and billing will begin after your Current Lease has reached the end of its current Term. The transition from your Current Lease to the New Lease will be seamless. By electing to participate in this program, you agree to the following: • You agree to continue making payments on lease number N12071372 through the end of its Initial Term or, if applicable, the current Renewal Term. • The term of the new lease, being signed concurrently with this agreement, ("New Lease") will commence when the Current Lease reaches the end of its Initial Term or, if applicable, the current Renewal Term. • The Products that are subject to the Current Lease will be replaced with the Products identified in the New Lease for the remainder of the Current Lease's Initial Term or, if applicable, the current Renewal Term. • The replaced products must be returned to Us within thirty (30) days of the effective date of this agreement. Company: City of Baldwin Park By: Name Title: Date: Company MailFinance Inc. By: Name Title: Date: --Mail -Finance Why Wait Program Guide 0 2015 MailFinance - — August 2015 Page 1 — City of Baldwin Park NJFIA PURCHASE ORDEF. - LEASE 14403 Pacific Ave Baldwin Park CA 91706 Phone 626-960-4011 NJPA Contract Number — 043012 -NPI To: SHIP TO: MailFinance Inc. Mark Hsu 478 Wheelers Farms Road City of Baldwin Park Milford, CT 06461 14403 Pacific Ave 800-881-6245 Baldwin Park CA 91706 Phone 626-960-4011 P.O. DATE REQUISITIONER SHIPPED VIA F.O.B. POINT TERMS Mark Hsu Best Way Net 30 QTY UNIT DESCRIPTION UNIT PRICE TOTAL 1 1 IN -700 Mail System with Dynamic Scale & 101b scale Included in Lease Included in Lease 1 1 DS -63 2-1/2 Station Folder/Inserter Included in Lease l Included in Lease _ . ...... NJPA Member ID Number 69730 ® .. , .e ®.,.... Contract Start Date 8/29/2017 ... Term of Lease 60 Months Billing Frequency Quarterly SUBTOTAL $628.217/mo. SALES TAX $40 38/mo. SHIPPING & HANDLING $0'00 TOTAL $668.65/mo 1. Order is governed under the terms and conditions of the NJPA Contract 043012 -NPI Enter this order in accordance with the prices, terms, delivery method, and specifications listed above. 2. Payments will be sent to: MailFinance 25881 Network Place Chicago, IL 60673-1258 Federal ID Number: 94-2984524 3. Send all correspondence to: City of Baldwin Park 14403 Pacific Ave— Authorized by Date Baldwin Park CA 91706 Phone 626-960-4011 Print Name and Title a i' r o a n ce Product Lease Agreement A Neopost USA Company wlth Meter Rental Agreement Strctlom (A,) Dealer Information 9 Dealer Office Number: Dealer Office Name: Phones: 1 Date Submitted: Section B Sliding Information Section (C) Installation Information (itdifferent than 8110rig Information) Company Norm (Full lapel name): Company Name (Full legal name): t1r of Baldwin Park DBA: DBA: •••••• ••••• Billing Address: - Installation Address (No PO Boxes or General Delivery): 1¢403 Paciflic Ave Billing City: Stats; ftp Code • 4: Installation City. stale: I ZIp Code a 4: Baldwin Park _ Billing Contact Name: Contact Plane Number. Installation Contact Name: Phone Number. John Young Billing Contact Title: Contact Fax Number. Installation Canted Title: Fax Number. IT Manscier Billing Contact email Address: Purchase Order Ntmber. _ Installation Contact small Address: t1L�b111•lI �IIIl+�rf.9.I1I. Section (0) Products Quantity _ Model I Part Number Description (Include Serial Number, H applicable) 1 IS480SYSMS I8480 Mailing System wl Dynamic Scale & 101b Scale 1 DS62 DS -62 2.5 Station FolderlInserter 1 IS48CERR E -Services Activation Kit with Bar ads Scanner Section (E) Lease Payment Information & Lease Payment Schedule Section (G) Postage Meter & Postage Funding Information Monthly Payment Mein Post Office Name: Poet Office &Digit ftp Code: Period a of Months(plus a IIaMe tames) Baldwin Park CA 91706 Tax Status: Postage Funding Method: Postage Funding Account ® Taxable First 60 $928.86 ❑ Bill Me ❑ OMAS /CPU ®POC ❑ TM8 ❑ Tax -Exempt. Next $ 18 Prepay by Check WAS Agency Code ❑ New 10 Existing Certificate attached.— Billing Frequency: � Next [3 ACH Debit Existing Assort Number Z AmachACH ARach USPS CPU -§L251147 _ ❑ Monthly Authorization Form Authorization Letter ® Quarterly $ ❑ Annually Next Billing Method: ® Standard Section (H) Services ❑ Government Cnyrpant Leearr r'andladar: Payment In Arrears Covered Product: y 11.1.566 Rale Protection: ® Online postal Rates New Lease Number. ❑ RCP (Shipped Update) ISWP10 & ISDWP _ ❑ None Section IF) ACH Direct Debit for Lease Payments (Attach Voided Check) Water Apps: ❑ Online Postal Expense Management Bank Nome Bank Contest Naffs ❑ Online E -Services ® Online EServices with Electronic Return Receipt Bank City, State Bank Contact Plane Number Software: (3 Software Advantage Covered Product Bank Routing Number Bank Account Number Dealer Services: ® Maintenance ® Installation !Training Section (1) Approvat Existing customers who currently fund the Postage account by ACH Debit will not be convened to neoFundwTotelFunds unless Initialed here This document conslaw of a Product Lease ('Lease) with MallFinance Inc,„ andlot a Postage Mater Rental Agisaimni ('genial Agroamonr) and an Online Services and Sotiwere Agreement with Neopost USA Inc.; and a neoFundsTafalFunds Account Agreemoni w1Ut Mallmont Firvirim Into Your signtura conatiknas on offer to enter Into the Lease and, If applicable, the other agreements, and acknowledges that you have recolvoti', read, and a" to all applicable terms and conditions (versions D-03-11), which are also available at IlJ N�� and Unna you are authorized to sign the agreements on behalf of the customer Idengged above. The applicable agreements will become btodidea Identif+ad above orgy agar ant authorized Individual accepts your offer by signing below, orwhen the equipment Is shipped to you. PO lira ng a mpam, I -_ 06/131 Aud ores /alydaX — *lad a+aand o a �7z MaIlFlnance Inc. a Neopost USA Inc. a 478 Wheelers Farms Road a Milford, Cr 06461 Form L51186e-0411 06/11 Product Overview Mailing System t,t/gym J0 Internet -connected iMeterTM postage meter provides access to a suite of powerful Apps Modern, ergonomic design with a color touchscreen and multiple weighing platform options Mixed -size automatic feeder handles different mail shapes with no sorting required In-line Dynamic Scale accelerates processing by weighing and measuring mail on the fly Exclusive Postal Rate Wizard offers guided selection across 140 USPS@ rates and services Automatic secure sealing and a built in postage label dispenser enhance productivity r f / Quiet inkjet printing w low ink email alerts Mailing System with tray __ __ (Length x Depth x Height) 67" x 18" x 13" Weight HMO The IN -700 carries Neopost's Eco Label. The Eco label signifies the implementation of green strategies surrounding raw materials, packaging and energy consumption to reduce or eliminate impact on the environment. Oes,1 f' v The IN -700 is compliant with environmental regulations and Energy Star. Tabletop Folder/Inserter Product Overview Its low noise level, ease-of-use, and compact design make DS -63 ideal for any environment Color touchscreen controls with graphical user guidance and wizard -based programming Multi -format FlexFeeders can process document sizes from full sheets to short inserts Load'n Go© performs automated setup based on materials you place in the trays With PowerFold@ DS -63 can tri -fold up to 5 pages together, neatly and silently Ensures accurate mail piece contents with exclusive Secure'n Feed© technology Measurements (Length x Depth x Height) Weight 49" x 16.5" x 36" 165 lbs. iy;l',=2 Contract Award RFP #043012 FORM D POSTAGE METIERS AWD R l 1NG E UIP ENTA+t S FS l D SUYPLiE& I ffer'n abc completedOnly 't se In compliance with the Request for proposal (RFP) for POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES, the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipment/products and services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this offer is the sole responsibility ofthe Proposer. Company Name: �� % 'T, Date: —ajalll- Company Address: _ `a 1 City: lAQ( ,� ,, State: CT Zip: % L1 w...�. Title: �. 'err w 11i"h� Contact Person: Authorized Signature (ink :�1 JLn t (Name printed or typed) Contract eceptance acid w the Completed onl b N A Your proposal offering is hereby accepted and awarded As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in s RFP,, an amendments to this RFP, and the Proposers Response. the effective date of the Contract. be and continue for four years thereafter AND which is subject to annual renewal at the option otbath parties. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: Title: Executive Director NJP Awarded this r NJPA Authorized °signature Title: Executed this D 6s c (Name printed or typed) r— day of J UJ d Contract Number P 114 "t1:1 �N (Name printed or typed)CY-----_ % 01 day of ani . Contract Number P 11430 1 !—K Page 42 of 48 Attachment #2 Nallonal. JointPowers AllianceOkIR REQUES'rl`.�70R, PROPOSAL (herein RFP) for tll,ie procktircment of POSTAGE I:ET�'S E AND RELATED MAILING EQUIPMENT, SOFTWARE ACCESSORIES AND SUPPLIES May 1, 2012 8:00 AM Central TIME At the offices of the National Joint Powers Alliance@ 20212 th Street Northeast, Staples, MN 56479 RFP #043012 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies from Government; K-12 Education and Higher Education agencies located nationally and potentially internationally, issues this request for proposal (RFP) to provide a national solution for POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning March 21, 2012 and continuing until April 11, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until April 30, 2012 at 4:30 p.m. Central Time at the above address and opened May 1, 2012 at 8:OOAM Central Time. The text above is the Public Notice to Proposers to be used by NJPA. RFP Timeline March 21, and March 28, 2012 Publication gfRF'p in the print and online Minneapolis Star° Tribune, the XIPA website, and on the website of noticetobidders.com April 1.1, 2012 Deadline, for RFP requests April 13, 2012 10:00A.M Central Pre -Proposal Cogference (webcast conference call - Connec0on igfo sent to all inquirers two business days prior to the event) April 30, 2012 41°30 P.M: central Deadline for Submission ofProPosals May 1, 2012 8: 00AM: Central public Opening gf'1'r oposals Direct questions regarding this RFP to: Gregg Meierhofer at �t�r��.irra�r� r lrt,��r`:�r air)p, , Lrg or (218)894-1930 RFP Procedures, offers the methods for submitting questions. Page 1 of 48 RFP 0143012 2. 4. M, 131.,:11' C:b1^ CON'1 II..1I VTS INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Propose a National Cooperative Procurement Contract D. The Intent of this RFP E. Scope of this RFP F. Expectations for Equipment/products and services being Proposed G. Solutions Based Solicitation DEFINI'T'IONS A. Proposer — Vendor B. Contract C. Time D. Proposer's Response E. Currency I NSTRlJCT'IONS TO 'REPAR ING YOtJR PROPOSAL A. Pre -Proposal Conference B. Identification of key personnel C. Proposer's exceptions to terms and conditions D. Formal instructions to Proposers E. Questions and answers about this RFP F. Modification or withdrawal of a submitted Proposal G. Value added attributes, products/services H. Certificate of Insurance I. Order Process and/or Funds Flow J. Administrative Fees PRICING STRATEGIES A. Line -Item Pricing B. Percentage discount from catalog or category C. Hot List Pricing D. Ceiling Price E. Volume Price Discounts F. Sourced Goods G. Cost Plus a Percentage of Cost H. Total Cost of Acquisition I. Requesting Product and Service additions/deletions J. Requesting Pricing Changes K. Pricing and Products Changes Format L. Single Statement of Pricing — Historical Record of Pricing M. Payment Terms N. Sales Tax O. Shipping and Shipping Program P. Normal Working Hours 2 of 48 5. MARKETING PLAN b. PROPOSAL OPENING PROCED(J:RE 7. E;VAI,UATION Of PROPOSALS A. Proposal evaluation process B. Proposer Responsiveness C. Proposal evaluation criteria D. Cost Scoring Evaluation E. Product Testing F. Past performance information G. Waiver of formalities 8. POSE' AWARD OPERATING ISSLJES A. Subsequent Agreements B. NJPA Member sign-up procedure C. Reporting of sale activity D. Audits E. Hub Partner F. Trade -Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 9. GENERALTERMS AND COND11TONS A. Advertisement of RFP B. Advertising a Contract Resulting From this RFP C. Applicable law D. Assignment of Contract E. Proposers List F. Captions, Headings, and Illustrations G. Confidential Information H. Data Privacy 1. Entire Agreement J. Force Majeure K. Gratuities L. Hazardous Substances M. Legal Remedies N. Licenses O. Material Suppliers and Sub -Contractors P. Non -Wavier of Rights Q. Protests of Awards Made R. Provisions Required by Law S. Public Record T. Right to Assurance U. Suspension or Disbarment Status V. Human Rights Certificate W. Severability X. Relationship of Parties 10. '1 FRMS A, IIS, C, D, E, G,]1 I, I 11, I3R1`.-SLJI3M1SSI10N CIMC:"KLMT RIP 043012 A. ABOUT NJPA 1_1 The National Joint Powers Alliance®- (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute § 123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non- profit organizations 1_2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at w.�Aiw.jaJnig hj1a ¢1!Jg�. Click on contracts. 1_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors call for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own use and its Membership. 1.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal and Evaluation Committee. 1_4 NJPA currently serves over 40,000 member agencies. Both membership and utilization of NJPA Contracts continues to expand due in part to the acceptance of Cooperative Purchasing throughout the government and education community nationally. The value of NJPA Contracts for our Members is reflected in our membership growth and use of our contracts. B. JOINT EXERCISE OF POWERS LAWS 1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units ... may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws exists within the laws of each State of the United States. This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website attil�:�y„1Mc Jan) (n1Z. IlutNJ�wiJ it �m �aLt sb nlen't, r sokircel, and clicking on that state at the bottom of the web -page. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1_6 National Cooperative Procurement Contracts create value for both Municipal buyers and Vendors of products/equipment and services in a variety of ways: 1.6.1 National cooperative contracts potentially save the time and effort of municipal buyers charged with soliciting individual procurement proposals to meet the procure needs of the agency. Considerable time and effort is saved by the Vendors in responding individually to those invitations. A single invitation for a cooperatively held contract can replace potentially thousands of invitations for the same items solicited from individual NJPA Member agencies. 3 of 48 RFP 043012 1.6.2 NJPA contracts offer our Members nationally leveraged and volume �Mrchasi� discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member committed volume through additional contract discounts. A single NJPA awarded contract is exposed to thousands of potential Municipal purchasing agencies nationwide creating efficiency and savings not only to the agency but also to the business community as they call on and present NJPA contracts to sell their products/equipment and services to government and education agencies. 1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value and considerable time savings. 1_8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre -competed procurement contracts offer NJPA and its Member agency the ability to directly compare non -price factors in their procurement analysis. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. O. TI 11"' 1 NTE NT OF THIS RFP 1.10. Award a national contract by NJPA Board of Directors: The intent of this RFP is to Award a national Contract by the action of the NJPA Board of Directors based on the recommendation of the NJPA Proposal Review Committee and based on the competitive proposal and evaluation process and reflecting the best interests of NJPA and its Member agencies. NJPA is seeking the most responsive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its participating member agencies. 1.11 NJPA's primary intent is to establish and provide a national cooperative procurement contract offering opportunities for NJPA and our Member agencies to procure through a contract for quality equipment/products, goods and services as desired and needed. Contracts are expected to offer price levels reflective of NJPA and the potential and collective volume of the NJPA member agencies nationally. 1.11.1 Beyond our primary intent, NJPA further desires to: • Award a four year term contract with a fifth year contract option resulting from this RFP; • Offer and apply any applicable technology advances throughout the term of a contract resulting from this RFP; • Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's response"; • Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies. • Award an exclusive contract to the most responsive vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. • Reserves the right to award multiple responsive vendors if such action is deemed to be in the best interest of NJPA and NJPA Member agencies. 1.12 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non -manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 4 of 48 R,FP 043012 1.13 Exclusive or Multiple Awards: Although it is NJPA's intent and desire to award a contract to a single exclusive Vendor, NJPA reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed to be in the best interests of NJPA and its Member agencies. 1.14 The scope and goal of this RFP is to award a contract to a qualifying manufacturer (s)provider or dealer/distributor (s) established as a Proposer deemed responsive through our open and competitive bidding process. Vendors will be awarded based on demonstrated a valued solutions which meet and/or exceed the need and requirements of NJPA and its Member agencies within the scope of POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES. Qualifying Proposers must be able to anticipate the needs and requirements NJPA member agencies and demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the ability to both market to and service NJPA Members in all 50 states. NJPA request companies submit their entire product line as it applies and relates to the scope of this RFP. All proposals received will be evaluated based on (among several other factors) their ability to provide the greatest overall utility to NJPA and NJPA Member agencies and across the widest selection and spectrum of products and services. 1.15 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice or from a contract resulting from their own procurement process. 1.18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. 1.19 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those goods and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant", goods and services which are not specifically identified and priced in their NJPA Awarded Contract. 1.20 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires sole responsibility with regard to: 1.20-0.'1. Scope of Products/Services: NJPA desires a provider for the broadest possible scope of the equipment/products, goods and services being proposed over the largest possible geographic 5 of 48 RFP 0143042 area and to the largest possible cross-section of NJPA current and potential Members. 1.20.2 Vendor use of sub -contractors in sourcing or delivering goods and services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposer's are assumed to have sub -contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the equipment/products and services and actions of any such Sub -Contractor. 1.21 Additional Definitions for the scope of this solicitation. 1.21.1 In addition to POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES, this solicitation should be read to include: 1.21.1.1 N/A 1.21.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 1.22 Suggested Solutions Options 1.22.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Member's needs and requirements with respect to the scope of this RFP. 1.22.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. 1.22.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 1.22.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those materials being proposed. 1.22.3.2 Turn -Key Solutions: A Turn -Key Solution is combination of materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.22.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and NJPA Member's needs. 1.22.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 6 of 48 IRYP 043012 1.23 Overlap of Scope: 1.23.1 When considering equipment, products or groups of goods and services submitted as a part of your response and inclusion or submission to fall within a "Scope of Bid", please consider the validity of an inverse statement. • For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it -notes. • In contrast, computers (PC's and peripherals) can generally be considered office supplies, however the scope of office supplies does not generally include computers (servers and infrastructure). In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 1.24 Geographic Area to be Proposed: This RFP invites proposals to provide POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non -award. The ability to serve Canada, for instance, will be viewed as a value-added attribute. 1.25 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the ProposerNendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.26 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.27 Contract Term: At NJPA's option a contract resulting from this RFP will become effective 1) the date awarded by the NJPA Board of Directors, or the day following the expiration date of an existing NJPA procurement contract for the same or similar goods and services. 1.27.1 NJPA is seeking a Contract base term of four years subject to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. One additional one-year renewal -extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 1.28 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members 7 of 48 RFP 043012 and the value of the awarded contract. 1.29 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 1.30 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 1.31 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.32 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 1.33 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/services, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 1.33.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and servicesthey propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 1.33.2 Technical Descriptions/Specifications. Bidder's must supply sufficient information to: • Demonstrate the Bidder's knowledge of industry standards, and • identify the products and services being bid, and • differentiate those products and services from others. Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly enlarges the bid response may reduce evaluation points awarded on Form G. 1.34 Important note: NJPA does not typically offer specific product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested products and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs. 1.35 Commonly used Goods and Services: It is important that the equipment/products and services submitted are the equipment/products and services commonly used by public sector entities. 1.36 New Current Model Goods: Proposals submitted shall be for new, current model products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 8 of 48 RFP 043012 1.37 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.38 Delivered and operational; Products offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly disclosed in the "Total Cost of Acquisition" section of your proposal response. 1.39 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in the non -award. 1.40 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, ProposerNendor warrants the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. O. SOLUTIONS BASED SOLICITATION NJPA solicitations and contract process will not offer specifications for proposers or respondents to meet or base your response on. This RFP is a "Solutions Based Solicitation". This means the proposers are asked to understand and anticipate what NJPA and the NJPA current and potential member agencies located nationally needs and future needs and requirements are to include any specific, desired common specifications desired or required by law or industry standards. Your proposal will be evaluated in part by the basis of your company "solutions" and your demonstrated ability and features to meet or exceed the needs and requirements of NJPA and our member agencies. 1 ISI I INITlllO;° S A. PROPOSER ._ VENDOR 2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP. 2_2 Potential Proposer- A person or entity requesting a copy of this RFP. 2_3 Proposer- A company, person, or entity delivering a timely response to this RFP. 2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2_5 Request for Proposal- Herein referred to as RFP B. CONTRACT 2_6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP. 9 of 48 R.FP 0430112 C. TIMI; 2.7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER'S RESPONSE 2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E. CURRENCY F. FOB 2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. 2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines the transfer of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point. 2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. :i. INS'd`1Z1JC"l:'[()NS I'O PRI,"I]'A.RIINQi Y('.) jlR lE'Il. O[ -I ASAI, A. PRI.., PROPOSAI., CON1°L1 R I' ,E 3_1 A non -mandatory pre -proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre -proposal Conference shall be considered binding. 1:1. OF' K11 PERSONNEL, >[.:., 3_2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 3_3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C, PROPOSER'S l',X f,"I""1."I[ONS "1'0, .1"1"sRll° S AND CON[311'1011 4S 3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 3_5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. D„ FOR "lAJ..., INS'I14WIi('1"1ONSTO 11N:2.0I[10SIL.,1CtS 10 of 48 RFP 043012 3_6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 3_7 All proposals must be sent to "The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479." 3_8 Format for bid response: Please use Form A as the basic format for your response. Please use the general headings in Form A to "Section" your electronic response. All proposals must be physically delivered to NJPA® at the above address in the following format: 3.8.1 Hard copy Original signed, completed, and dated forms A (signature page only), C,D, E, H, and I (full documents) from this RFP, 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, 3.8.4 Two complete copies of your response on a CD (Compact Disc) or flash drive containing completed Forms A,B,C,D,E,H, and I, your statement of products and pricing together with all appropriate attachments, and a Dunn and Bradstreet report on your organization. 3_9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 3.13.1 Proposer's are responsible for checking directly with the NJPA website for addendums to this RFP. 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. F. QUESTIONS AND ANSWERS ABOUT "I'mS RIE°P 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.15 Submit all questions about this RFP, in writing, referencing "POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES to Gregg Meierhofer, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having 11 of 48 RFP 043012 access to the Internet may call Gregg Meierhofer at (218) 894-1930. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7"') calendar day prior to proposal due -date cannot be answered. 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at w�v+r.,,rri� aalsal•g by clicking on "Current Proposals" and from the NJPA offices. No questions will be accepted by NJPA later than five (5) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL: 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Bids and Contracts Officer. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.22 Examples of Value Added Attributes: Value -Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 3.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, 12 of 48 RFP 043012 ACCESSORIES AND SUPPLIES, and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the purchase of goods and services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and servicesthey purchase. Please identify any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 3.27 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch -out from mainstream e -Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. 1. CER`YtHCATE 01 MSURANCE 3.29 Proposer shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of an ACCORD binder identifying the coverage required below and identifying NJPA as a "Certificate Holder" and an "Additional Insured". Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 3.30 Vendor, upon award, shall be required to maintain the following insurance coverage's during the term of the NJPA Contract: (1) Workers Compensation insurance (Occurrence) with the following minimum coverage's: Bodily injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following minimum coverage's: Bodily injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits $500,000. (2) Commercial General Liability Policy per occurrence $1,000,000. (3) Business Auto Policy to include but not be limited to liability coverage on any owned, non - owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000. 13 of 48 RFP 043012 3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be obtained from insurance companies licensed to do business nationally and shall be with companies acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain in full force and effect during the term and any renewal or extension thereof. J. ORDER PROCESS AND/OR FUNDS FLOW 3.32 Please propose an order process and funds flow. Please choose from one of the following: 3.32.1 B -TO -G: The Business -to -Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. 3.32.3 Other: Please fully identify. K. ADMINISTRATIVE FEES 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.33.1 Calculated as a percentage of the dollar volume of all equipment/products and servicesprovided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.33.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order/product/funds flow of the Contract resulting from this RFP, and other uses as deemed appropriate by NJPA's Board of Directors from time to time. 3.33.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire. 4, PRIG:"I,4G STRA,TIXHI'I; 4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/service to which you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposer's Response. 4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary 14 of 48 RFP 043012 Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options such as leasing. A, IANE-ITEM PRICING 4_5 Line -Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products and/or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products and prices are individually identified, however Proposers with a large number of products to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense. 4_6 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Proposal Review Committee and members. 4_7 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer's proposal. 4_8 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4_9 All products and services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 4.10 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their pricing matrix. "List" price will be the standard "quantity of one" price currently available to government and educational customers excluding cooperative and volume discounts B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.11 Percent Discount From Catalog, List or Category Pricing- A specific percentage discount from a "Catalogue or List Price" defined as a Mainitachirer's Suggested Retail Price (MSRP) for the products or services being proposed. 4.12 Individualized percentage discounts can be applied individually to any number of defined product groupings. 4.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including the base vehicle AND all Manufacturer Options. 4.14 Dealer supplied Options will be priced using a "Sourced Goods Multiplier" as defined herein. 4.15 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current "MSRP" with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. 4.16 NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect the scope of this bid. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the 15 of 48 RFP 043012 Contract only upon approval of the NJPA. Non -approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non -contract items during the Contract may be grounds for terminating the Contract for convenience. New optional accessories for equipment may be added to the Contract at the time they become available. C. HOT LIST PRICING 4.17 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line - Item format. Providing a "Hot List" of equipment/products and services is optional. Equipment/products and services may be added or removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at all times. 4.18 Hot List pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.19 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. D. CEILING PRICE 4.20 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. IMPORTANT NOTE: Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 4.21 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.22 Proposers are free to offer volume discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4.23 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 4.24 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. F. SOURCED GOODS 4.25 NJPA and NJPA Members may, from time to time, request goods and/or equipment/products and services within the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or "list or catalog" known as Sourced Goods. 16 of 48 REP 043012 4.26 An awarded Vendor resulting from this RFP may "Source" these equipment/products and services for NJPA or NJPA Member to the extent they: 4.26.1 Include in their bid response a cost -plus -percentage -of -cost pricing factor for such Sourced goods and services, and 4.26.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member. 4.26.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction being contemplated. G. COST PLUS A PERCES!"➢"AGE OF COS,r 4.27 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL, COST OF ACQUISITION 4.28 The Total Cost of Acquisition for the equipment/products and services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: • The cost of the proposed goods and services delivered and operational for its intended purpose in the end -user's location. 4.29 For example, if you are proposing a materials only "Warehouse Goods" contract FOB Proposer's dock and physically at the Proposer's dock, your proposal would identify your deviation from the "The Total Cost of Acquisition" is to be "Proposal does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities." In contrast, proposed terms including all costs for goods and services delivered and operational at to the end -user's location would require a disclosure of "None" IL, REQUESTING .PR0DUCT AND SERVICE ADDITIONS/DELETIONS 4.30 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. 4.31 New equipment/products and services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and services generally include new updated models of equipment/products and services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.32 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.33 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.34 Documenting the "Best Interests of NJPA and NJPA Members" when outdated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the 17 of 48 RFP 04301.2 procurement Contract. 4.35 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b) making a general statement identifying how the products to be added are within the scope of the original RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing and 2) the detail as to what is being added at what price will then be an attachment to that cover letter. 4.36 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING UTANGES 4.37 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA Members" is pretty easy when we are documenting price reductions. 4.38 Price increases: Requests for standard contract price increases (or the inclusion of new generation products/services/services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing equipment/products and services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new equipment/products and services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.39 Price Change Request Format: An awarded Proposer will use the format of a cover letter requesting price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum costs) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. Ra PRICE AND PRODUCT" CIJANGES FORMAT 4.40 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change: 4.40.1 A cover letter: a. Please address the following subjects in your cover letter: L What product/service prices are changing? ii. How much are the prices changing? iii. Why are the prices changing? iv. Any additions or deletions from the previous product list and the reason for the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets identified below. Please take a more general "Disclosure" approach to 18 of 48 P 043012 identifying changes in the cover letter. i. If appropriate, for example, state, "All paper equipment/products and services increased 5 % in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until remaining inventory is liquidated." 4.40.2 An excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "(Vendor Name) pricing effective XX/XX/XXXX." a. Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing. L. SINGLE S 1f Ca IE MEN I til° PRICING/MS xi OR IICAL RECORD OF PRUNG 4.41 Initially; and with each request for product addition, deletion, and pricing change; all equipment/products and services and services available, and the prices for those equipment/products and services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract. 4.42 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.43 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.44 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. M. P YMEN'l` TERMS 4.45 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 4.46 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and o The index rate being adjusted; and o The "Purchase Option" at lease maturity ($1, or fair market value); and o The available term in months of lease(s) available. • Leasing company information such as: o The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing 19 of 48 Company 4.47 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. Oe SHIPPING AND SHIPPING PRORAM 4.48 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the Purchase Order. 4.49 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal pricing." 4.50 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.51 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the requester. 4.52 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over -size and over -weight items and shipments may be subject to custom freight programs. 4.53 Proposals containing restocking fees are less advantageous than those not containing re -stocking fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to order goods may not allow returns. With regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees may be waived, at the option of the ProposerNendor. Indicate all shipping and re -stocking fees in price program. 4.54 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail or shipment at the convenience of the member. 4.55 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 20 of 48 RFP 043012 4.56 Goods and materials must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.57 Vendor shall deliver Contract conforming products in each shipment and may not substitute products without approval from NJPA Member. 4.58 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non -conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. 4.59 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods. 4.60 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING IlOtJR 4.61 Prices quoted are for equipment/products and services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5_1 Internal Marketing Plan: Our sales force is your sales force. If you are awarded a contract based on this solicitation your sales force will be the primary driver of everyone's success. Your sales person is only minor interested in the fact that: • The use of the NJPA Contract will save their customer (NJPA's Member) the time and effort of bringing a new individual Invitation for Bids (IFB); • The use of the NJPA Contract will guaranty their ability to choose you An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales force. 5.1.2 Identify, in general, your national foot print and dedicated feet -on -the -street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. 5.1.2.1 Identify whether your sales force are employees or independent contractors. 21 of 48 IFP 0 43 (1111 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webcast events? 5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and sufficient numbers of personnel trained. 5.1.4 Identify your personnel involved in training. 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. 5.1.4.2 Your personnel will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the responsibility for bringing and answering many similar and individual RFP's; and 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be trained on the use and utility of such a contract and a general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be proposed to those individuals in terms of the value created for them and their departments in 5. 1.1 above. 5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a personal commitment to serving NJPA and NJPA Members nationwide. 5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.4.1 Printed, Marketin a Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. 5.4.2 Press releases and advert isenrent . Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or 22 of 48 RFP 01430 ,12 other direct or indirect marketing activities. 5.4.3 PgposerA's Vwcbsite. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. 5.4.4 jade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade- show, and other appropriate venues, for the promotion of any such Contract. Vendors are strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced trade shows: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available equipment/products and services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non-responsive or to waive an award based on an unacceptable marketing plan. 5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to offer the NJPA Contract opportunity to all current and qualified NJPA Members. 5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. 6. PROPOSAL OPENING PROCEDIJRE 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES" will be received by Gregg Meierhofer, Bids and Contracts Officer, at NJPA Offices, 202 12th Street NE, Staples, NIN 56479 until the deadline for receipt of, and bid opening identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Review Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Gregg Meierhofer 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "POSTAGE METERS AND 23 of 48 RFP 043012 RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES" To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. A. I11R,OK)SAI, Dl VA1,I)M ICONIV"RO( 'IS 7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications." 7_2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of like products/services. This process will establish points for submitted price levels. See Cost Scoring Evaluation. 7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness." 7.5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Review Committee. 7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. 11. 1111 ,OPOSI-;[1. R11_,1'S 01N --SJ "II: I%` ,SS 7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non-responsive. 7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non-responsive. 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals received. Items 1-4 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. 1. The proposal response is received prior to the deadline for submission. 24 of 48 RX P 0143012 2. The proposal package was properly addressed and identified as a sealed bid with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance. 4. The proposal response contains original signatures on all documents requiring such. 5. Response's conformance to terms and conditions as described in the solicitation, including documentation. 6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 7. Information from references and past performance information including past member approval. 8. Demonstrates that they offer the most current industry standard equipment/products and services and/or services. 9. Demonstrates financial stability and a favorable banking line of credit. 10. Demonstrates their equipment/products and services and/or services proposed meet and/or exceed industry standards accepted by educational or governmental institutions. 11. Has demonstrated market place success and their past performance exhibit an acceptable reputation. 12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell, deliver, and support equipment/products and services offered to Members. 13. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 14. Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and/or registration certificates required to do business nationally. 15. Line -Item Pricing, in approved excel format, listing of all of the proposed equipment/products and services and warranty provisions with their associated units of costs. 16. Core List selection of equipment/products and services in Line -Item Pricing format 17. Hot List Pricing equipment/products and services in a Line -Item Pricing format (where applicable). 18. Contract Pricing submitted as requested to include core list or products/services, Line -Item Pricing and/or Percentage Discount from published gov/ed price list or Catalog. C, PROPOSAL1IFNAl,UATION t:°R11"➢::R.I.A 7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.15 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment, service or related products offered. 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole 25 of 48 RFP 04301.2 source of responsibility within the scope of this RFP will be positively reviewed. 7.18 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. 7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately one of the factors taken into consideration in evaluation and award. 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not necessarily limited to the following: 1. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products, equipment, and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/ services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17. Demonstrated warranty and product/service responsibility. 7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation will also be considered to be an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.23 Proposer's Dunn and Bradstreet reports- The Proposer's Dunn and Bradstreet report are requested and reviewed to get a general feel for the size, strength, and probable scope of the Proposer. 7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been collusion among the Proposers. 26 of 48 REP 043012 7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review Committee based on criteria identified as being both "optional" and "having additional value" D>G::"0S"1` S 7.28 NJPA reserves the right to use this process in the event the evaluation committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and services may be selected by the NJPA proposal Review Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. E. PR0D JC.T "1"1:?ST1NCJ 7.30 NJPA reserves the right to request and test equipment/products and services and/or services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and organization within three (3) days. 1�'. [1A.S'11 P Rll:1::)RM. NCI IN[ ORMA1 p1:I'M 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. G. WAIVEIZ 01,' )C'OR .r I.,l"ll'lll:?S 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. [1(,)S'I' A.WARD OP1:'10°ING ISSN iES A. '11Af1 NT 8_1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub -contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that "This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is 27 of 48 RFP 043012 an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other things; formerly introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose and intent of this RFP. 8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a Contract resulting from this RFP at any time during the term of said Contract. The establishment of such Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract resulting from this RFP. 8_5 Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified in this Contract. 8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with all NJPA Members be considered for cancellation. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. Bt ➢° JI13A, MEMBER SIGN ...1..yl::b'PROG"_,ED(.sRJE 8_7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership C. REPORTING OF SAI,E ACTIVITY 8_8 A report of the total gross dollar volume of all equipment/products and services purchased by NJPA 28 of 48 RFP 043012 Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. 8.8.1 Zero sales reports: Awarded Contractors are responsible for providing a quarterly sales report EVERY QUARTER regardless of the existence or amount of sales. 8_9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request, make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and payments made by NJPA members for all equipment/products and services purchased under this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. I:;. I111I1 PA.R"I'NI R 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction. and 8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name]". !�IIII01'llllllt lllll'8I 8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order. G: 0 (J"1' 01 S1'wtt X. NOTIFICATION 8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of- stock item(s), and may suggest equivalent substitute(s). 29 of 48 P 043012 The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. Under no circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing list. n L TERM I:N KHON OF t.:'.ON"1"RACT 1: S L)i..J` NGT 1`Rt:bN1 T1il.l S R1.) 8.14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides material that does not meet reasonable quality standards and is not remedied under the warranty; • The Vendor fails to ship the products or provide the services within a reasonable amount of time; • NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the Contract and issues a request for assurance as described herein and Vendor fails to respond; • The Vendor fails to observe any of the material terms and conditions of the Contract; and/or, • The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. • The Vendor fails to report quarterly sales volume; • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA. 8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of insurance to any NJPA member or member using this Contract. 8.19 Either party may execute Contract termination without cause with a required 60 -day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 30 of 48 RFP 043012 8.20 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.21 Events of Automatic termination to include: Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency; Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. AND CO'"vD1110N 9_1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and on-line editions of the 'MINNEAPOI.,IS ST TP1BU F, 2) it shall be placed on anational wire service by the T+IINII[ AI'O1 1 I'A 1 ItTFJMUh 3) it shall be posted on NJPA's website, 4) it shall be posted to the website of "Noticetobidders.com," and 5) it shall be posted to other third -party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync, B AI[: V1,_.Ri`I[S[N(i OFA (,,,O 'T'RACI U RI'St.�1,1'1q 4(g FROM THIS R1`1' 9_2 ProposerNendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C., APP1_1CAIC 1J,*11.,AW' 9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 9_4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern contracts resulting from this solicitation. 9_5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 9_6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local 31 of 48 RFP 0430]2 laws applicable to or pertaining to the acquisition, manufacturer, or sale of the equipment/products and services resulting from this RFP. 9_7 All applicable laws, whether or not herein contained, shall be included by this reference. It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9_8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9_9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with Prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9.10 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. 11 .4SSIGNMEN°.1.., X91 C(.)N'1'R .(."I' 9.11 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without prior written permission by the NJPA. No delegation of any duty of the Proposer/Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. 9.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E, PROPOSERS RS 1:..IS'1. 9.13 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the scope of the potential Members and national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F, CAFFIONS, HL --',A :JIN(3S, AND 11.,II.M S°I'RA"I`IONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. G. CONFIDENTIAL I NFORMATION 9.15 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement, from time to time, to determine whether the information can be legally withheld. If NJPA determines at any point, that disclosure the information submitted is required by law, NJPA reserves the right to make that 32 of 48 A' 043012 ll. DATA 11'1 IVAt:, Y 9.16 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including HIPPA concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of private/confidential information. 9.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable A�eLitapqe apdAward Form document (see Form D). 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions - intervention -acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and servicescaused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. 9.19 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or representative of the ProposerNendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. I.- l...IAZARDOU SUll::l'S TA.Nav;ES 9.20 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. M. I.EGAL REMEDIES 9.21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled. N. LICENSES 33 of 48 RFP 043012 9.22 Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business conducted by the Proposer/Vendor. 9.23 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and services to NJPA and NJPA Members in all states. Documentation of said licenses and authorities, if applicable, is requested. 0, M/) i`ll:<1 IAL S11U'"'PS,IERS AND S(JB-CONTRACTORS 9.24 The apparent successful Vendor shall be required to supply the names and addresses of sourcing suppliers and sub -contractors when requested. 9.25 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for equipment/products and services and services provided by third party sourcing or service providers. 1".1'40N...WAIVF"R. OF 1t.11Cn1....S,.V',S 9.26 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. Q. PROTESTS OF AWARDS MADE, 9.27 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award to the potential protester. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative (you must document the authority of the Representitive); 3. Identification of the solicitation by RFP number; 4. Identification of the statute or procedure that is alleged to have been violated; 5. A precise statement of the relevant facts; 6. Identification of the issues to be resolved; 7. The aggrieved party's argument and supporting documentation; 8. The aggrieved party's statement of potential financial damages; 9. A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. 9.28 Proposer/Vendor agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any State thereof. S. IE'11.JIBLIC' R..";C;ORD 9.29 All proposals submitted to this invitation shall become the property of the NJPA and will become a matter of public record and available for review subsequent to the award notification. Proposals may be viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m. 34 of 48 R.11F11 04301.2 F. R1tI11YF'IIX.) ASSURANCE 9.30 Whenever one party to this Contract has reason to question the other party's intent to perform, he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. LJ. SUSPENSION OR DISBARMENT STATUS 9.31 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. V. HUMAN RIGHTS CERTIFICATE (Forms H&I) 9.32 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that effect. 9.33 If Proposer is not domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must document their application for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must also document receipt by the Minnesota Commissioner of Human Rights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. 9.34 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of Compliance" from the Commissioner of the Minnesota Department of Human Rights. W. S1I;VE,"R, MLI"1Y 9.35 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from this RFP. X. RJ:,J.,A."I I0NS1flF' OF 1"A1 "1'11F'S 9.36 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master -servant, principal—agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. 35 of 48 RVIIII'04301-2 36 of 48 RFP 043012 PROPOSERlily TIONNAIRE Form A Proposer Name: ..... ........ ........... .............. .... � Questionnaire completed by: Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft Word/Excel document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Comrianv Information 1) Why did you respond to this RFP? 2) Provide the full legal name, address, tax identifications number, and telephone number for your business. 3) Does your company name match the name identified on the Dunn and Bradstreet report? If no, why not? 4) Provide a brief history of your company that includes its goals and philosophy. 5) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee the implementation and operation of a Contract resulting from this RFP. 6) How long has your company been in the POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES, industry? 7) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products and services being proposed? a) If the Proposer is best described as a re -seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the employees of a third party? 8) Please provide a Dunn and Bradstreet (not more than six months old), your bond rating, and/or a credit reference from your bank. 9) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in pursuit of the commerce contemplated by this RFP. 10) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub- contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with "Not Applicable." 11) Provide all "Suspension or Disbarment" information required herein. Industry-Marketplace_Successes 12) List and document recent industry awards and recognition. 13) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name, contact, and phone number. 14) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the past year. 15) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non- profit agencies for the last three (3) fiscal years. I'"ro mosem°�s mrlalit to sell �ummmli service natiowicl. 37 of 48 1F P 0430112 16) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 17) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 18) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time commitments. 19) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. 20) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non-profit) M:aEkethjw Plan 21) Describe your training program for both greet -the -public and sales management levels relating to a NJPA award. 22) Describe your general marketing program strategy to promote the proposed Contract nationally. 23) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. As much as possible, please send marketing materials in electronic format only to save paper. 24) Describe your use of technology and the internet to provide marketing and product awareness. 25) Describe your perception of NJPA's role in marketing the partnership and your products/services. 26) Describe the unique quality of the equipment/products and services in your proposal in relationship to others available in the market. 27) Describe your organizations Senior Management level commitment with regards to promoting, supporting and managing a resultant NJPA awarded contract Value Added Attributes 28) Describe any training programs available as options for members. 29) Describe technological advances your proposal equipment/products and services offer. 30) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a list of all green products accompanied by the certifying agency for each. 31) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your organization directly involved in a Contract resulting from this RFP. 32) Identify any other unique or custom value added attributes. 33) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products or services being offered. 34) Identify your ability and willingness to service Canada specifically and internationally in general. 35) Describe any unique distribution method employed in your proposal. Pa hent Terms an(l l?inaiieiu O )tions 36) Identify your payment terms if applicable. (Net 30, etc.) 37) Identify any applicable leasing or other financing options as defined herein. 38) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). Warranty 39) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure. 40) Do all warranties cover all material and labor? 41) Do warranties impose usage limit restrictions? 42) Do warranties cover the technicians travel time to perform warranty repairs? 43) Please list any other limitations or circumstances that would not be covered under your warranty. 44) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform 38 of 48 RFP 043012 warranty repairs. How do NJPA Members in these regions receive warranty work? Other Cooperati.ve Procurement C,ontr°acts Held 45) Identify all cooperative government or education procurement contracts which are marketed in more than one state held or utilized by the Proposer. 46) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United States. 47) Identify any GSA Contracts held or utilized by the Proposer. 48) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. E( aai anent/ aroduc.ts and services acrd 111r•iciu 49) Provide a general narrative description of the equipment/products and services and services you are offering in your proposal. 50) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 51) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein. 52) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard to all equipment/products and services and being proposed. Provide a SKU number for each item being proposed. 53) Provide a "CORE LIST" of equipment/products and services(as anticipated and defined by Proposer to meet or exceed the NJPA Member's needs) as a separate and named spreadsheet. Include special pricing, if any, on these items. 54) Provide, if any, your volume rebate programs 55) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. 56) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering. Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. b. The same as typically offered to cooperative procurement organizations or state purchasing departments. c. Better than typically offered to cooperative procurement organizations or state purchasing departments. (Your proposal will be considered "Non -Responsive" if this question is not answered) 57) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 58) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as they relate to Alaska and Hawaii. 59) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. 39 of 48 RFP 21 Form PROPOSER INFORMATION Company Name: Address: City/State/Zip Phone: Fax: Toll Free Number: E-mail: Web site: Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible Contract Manager: Email: Name: Email: Name: Email: Name: Email: Name: Email: Name: Email: Name: Email: COMPANY PERSONNEL CONTACTS Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Title: Phone: Page 40 of 48 REP 031212 EXCEPTIONS TO PROPOSAL, '1„FIIM CONDI"f` ON' AND SPECIFICA!J NS RE— UEST Form C Company Name: Note Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Please sign and date the bottom of each page of this document. Page 41 of 48 . " IF 031212 Contract Award RFP #043012 FORM D POSTALE IVIE"I'EITS AND RELATED MAIL11St' 1+: 1J1I'"9'"�'lil,NTT „SOFTWARE ACCESSORIES AND SUPPLIES, lroposal Offerin To be completed Oil by Prooyer In compliance with the Request for proposal (RFP) for POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES, the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipment/products and services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name: �� Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature (ink only): (Name printed or typed) Contract Acce tance anal Award(To be comDleted_only by NJPA Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be and continue for four years thereafter AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: (Name printed or typed) Title: Executive Director NJPA Awarded this day of mm Contract Number # 043012 NJPA Authorized signature: (Name printed or typed) Title: Executed this _ day of Contract Number # 043012 Page 42 of 48 I�111$ 0 1 1 *2 i'2 Contract Award RFP #043012 F, OBND r, METERS AND D MAILING _ENMSOFIVARE. ACCESSOMES AND SUPP�S, os ➢ in leted O sed In compliance with the Request for proposal (RFP) for POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE, ACCESSORIES AND SUPPLIES, the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined equipmentlproducts and services and services in compliance with all terms, conditions of this RFP, any applicable ainendments of this RFP, and all Proposers Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this offer is the sole responsibility ofthe Proposer. Company Name: 1'4 ' `, � T`� t l 1" � _ Date' , a— Company Address: q -+g 04 City:,- )�State: C Zip: Contact Person: Ll �(-,. Title: . t t � r S �' ' i" e %M (� ir1 � �o Authorized Signature (ink oray): �EE� .� °tel sn �Ln t (Name printed or typed) Contract AggEftn and o be c9muhtto Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined, goods and services contained in your proposal offering, according to all tem, coriditions, and pricing set forth in tNs RFP, any amendments to this RFP, and the Proposer"s Response. The effective date of the Contract be Lk1W_L� and continue for four years thereafter AND wtzich is surbJect to annual r�wal at the option of both parties. National Joint Powers Alliance® (NJPA) NJPA Authorized signature. CMT> &rsc-'o Title: Executive Director NJPA (Name printed or typed Awarded this y Contract Number t 0431!2 YN da ofU.,t: ��: NJPA Authorized signature Title: (Name printed or typed) Executed this day ofµ ,,ne- Contract Number 10 P439 i?�-j� Page 42 of 48 RFP 0312112 ......_�.......__ IE R A 1 D lit t l' ..... t �� C �• 1' 1.� I.4 t. E 1 It ft. tt �_- � ....��......_... Form E Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any goods and services, all applicable licenses necessary for such delivery, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract, and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non -offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, and 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6. If awarded a contract, the Proposer will provide the equipment/products and services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation, and 7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA Members per this RFP, only new, unused and first quality equipment/products and services and services to designated NJPA Members, and 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment and delivery of services as outlined, and 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP, and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders, and Page 43 of 48 1113 0131212 11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer hereby certifies their compliance with federal affirmative action requirements. Company Name: Contact Q Phone: (Must be individual who is res ja ii m e or ►��g ouIt...IliIs ProposerResponse torin) Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: , Authorized Name (typed): Title: Date: Notarized Subscribed and sworn to before me this Notary Public in and for the County of. My commission expires: Signature:._ ........................._ Fax Number: the day of m mm 20 Page 44 of 48 State of ]IRYIP 03121.2 Form G. OVE,]RAI.J.. EVALUA.11101N AND CRITERIA Evaluation For the Proposed Subject POSTAGE METERS AND RELATED MAILING EQUIPMENT, SOFTWARE ACCESSORIES AND SUPPLIES, Conformance to terms and conditions to include documentation Pricing Industry and Marketplace Successes Bidder's Ability to Sell and Service Contract Nationally Bidder's Marketing Plan Value Added Attributes Invoicing Payment Terms and Financing Options Warranty Coverages and Information. Selection and Variety of Products and Services Offered Total Points Available Points Points Awarded 75 3001 Bonus Points awarded for: —Bidders "Green" characteristics Bidders Dissadvantaged Business Entity Charactoristics Overall Evaluation Points Proposed Reviewed by: . . ............... 100 '75_ 25 100 1000- 0 1 501 --------- ------- 5011 1100 Its Its Page 45 of 48 0 F 13121. FORM H State Of Minnesota — Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other corinanies orocced to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) –or– has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: ❑ We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your certificate with your response. ❑ We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on (date). [If the date is the same as the response due date, indicate the time your plan was received: (time). Proceed to BOX C. ❑ We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.) Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B – For those companies not described in BOX A Check below. ❑ We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. BOX C – For all companies By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the federal government.) Name of Company: _ Date e Authorized Signature: – Telephone number: Printed Name:. _, Title: _mmm For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 190 East 5s' St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296-5663 Toll Free: 800-657-3704 Web: www.humanrights.state.mn.us Fax: (651) 296-9042 TTY: (651) 296-1283 Page 46 of 48 RIS �IF11? 0 1 2 1. Form I Statc of Minncsotat - 1mo N ration StaCus f:" rtitmcat on By order of the Governor's Executive Order 08-01, vendors and subcontractors MUST certify compliance with the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E -Verb system established by the Department of Homeland Security. E -Verb program information can be found at httip Zl�wr .dk t If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify compliance with items 1 and 2 below. In addition, prior to the delivery of the product or initiation of services, vendors MUST obtain this certification from all subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the contract vendor and made available to the state upon request. 1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all employees performing work in the United States and does not knowingly employ persons in violation of the United States immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested; and 2. By the date of the delivery of the product and/or performance of services, the company shown below will have implemented or will be in the process of implementing the E- Verify program for all newly hired employees in the United States who will perform work on behalf of the State of Minnesota. I certify that the company shown below is in compliance with items 1 and 2 above and that I am authorized to sign on its behalf. Name of Company. Date: Authorized Signature: Telephone Number: Printed Name: w_ Title: If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act, or knowingly employ persons in violation of the United States immigration laws, or have not begun or implemented the E- Verify program for all newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state purchasing. For assistance with the E -Verify Program Contact the National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). For assistance with this form, contact: Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155 E-mail: il%1wC(la ll 1 wu,.ra��,,,rMnuNlf Telephone: 651.296.2600 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Page 47 of 48 R.FP 031212 Pre -submission Checklist • Have you read and understood the RFP? • Have you attended the Pre -Bid Conference for this RFP? • Have you completed the questionnaire (Form A) to the best of your ability? • Have you submitted pricing for all of the goods and services you offer within the scope of this RFP? • Have you submitted a "Sourced Goods Multiplier? • Have you packaged your bid submission identifying conspicuously "Competitive Bid Enclosed, Please hold for public opening XX -XX -XXX". • Have you sent your package in sufficient time for physical delivery at 202 12th ST NE Staples, MN 56479 will occur prior to the deadline for delivery? • Have you submitted original completed and executed forms C,D,E,H, and I from this RFP? • Have you submitted verification of liability insurance with the coverage and limits required in the RFP? • Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal including, but not limited to, Forms A, B, C, D, E, H, and I in your proposal? Contents of your bid response: • Original executed forms A (signature page only), B, C, D, E, H & I (complete documents). • Electronic submission of proposal forms A, B, C, D, E, H & I (CD or flash drive). • Certificate of Insurance (demonstration of insurability) Page 48 of 48 STAFF REPORT ITEM NO. "'✓,I TO: Honorable Mayor and Members of the City Council ..Mroor ,�° FROM: Manuel Carrillo Jr., Director of Recreation & Community Service. ss cba;� DATE: April 19, 2017 �A`' SUBJECT: ADOPTION OF RESOLUTION N0.2017-179 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFONIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM. SUMMARY The purpose of this staff report is for the City Council to authorize the Director of Recreation and Community Services to submit the State of California Climate Investments Urban Greening Program Grant and to adopt Resolution No. 2017-179. FISCAL IMPACT There is no fiscal impact by this action at this time. RECOMMENDATION Staff recommends the City Council to: 1) Authorize the Director of Recreation and Community Services to submit a grant application to the State of California Climate Investments Urban Greening Program Grant; and 2) Waive further reading, read by title only and adopt Resolution No. 2017-179 entitled, "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FFROM CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM." LEGAL REVIEW None required. BACKGROUND Signed into law on September 14, 2016, SB 859 (Chapter 368, Statutes of 2016) authorized the expenditure of $1.2 billion in Cap and Trade revenues, also known as the Greenhouse Gas Reduction Fund (GGRF), for projects aimed to reduce greenhouse gases (GHG) emissions. The California Natural Resources Agency (Agency) was allocated $76 million to its Urban Greening Program specifically for green infrastructure projects that reduce GHG emissions and provide multiple benefits. Over the years, the Agency has administered a suite of programs including the California River Parkways Program, Environmental Enhancement and Mitigation Program, and the Strategic Growth Council's Urban Greening Program under Proposition 84. These programs funded projects that provided a wide variety of benefits such as environmental, health, and community revitalization throughout the State. The Urban Greening Program, funded by the GGRF, continues the legacy of these programs but with a specific focus of achieving greenhouse gas reductions. Consistent with AB 32, the Urban Greening Program will fund projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption and reducing 2 vehicle miles traveled, while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improving air and water quality and reducing energy consumption, and creating more Adopt Resolution No. 2017-179 April 19, 2017 Page 2 walkable and bikeable trails. These Guidelines establish the administrative and evaluation criteria for this competitive program. Grants will be awarded on a competitive basis using evaluation criteria as indicated the procedure guide. This program emphasizes, and gives priority to, projects that are located within and benefit the State's disadvantaged communities. Walnut Creek Nature Park (WCNP) Restoration Project Phase III aligns in with grant specifications, making it a competitive project for funding. The anticipated cost of the WCNP Restoration Project Phase III is $823,000 which includes the following scope of work; 1) Complete Solar Lighting Features for Energy Efficiency 2) Upgrade and Repair Automatic, Security Gate at Hensel Street 3) Pedestrian ADA Compliant Entrance to the Park 4) Completion of Irrigation and Drought Tolerant Landscaping 5) Completed Trail with PCC and Trail Markers to Promote Healthy Living Practices 6) Widened Curb Inlet (expand to 24") (Phase I) to Capture and Treat More Drained Water to be Harvested into Bioswale, overflow will drain to Walnut Creek Wash 7) Parking Lot Rehabilitation Improvements 8) Nature Play Equipment (Natural Activities that will fit with the Theme of Park) 9) Installation of New Picnic Tables with ADA Compliant Seating and Barbeques 10) Installation of Monument Entrance Sign, Multilingual Wayfinding Signage and Two Outdoor Educational Signs Addressing Nature, Cultural History and Watershed Stewardship 11) Property Landscaping along Park Fence The previous Phase III improvements did not include landscaping for property fencing along the park, the grant specifically focuses on achieving greenhouse gas reductions thus the proposed enhancement aligns with the specifications per the grant guidelines. Approximately $76 million is available for urban greening projects. The Agency anticipates one funding cycle; however, funding cycles are contingent upon the number of competitive applications. There are no minimum or maximum grant amounts for this program. The grant does not require matching funds. ALTERNATIVES 1`he alternative is toot to submit the grant application or adopt the Resolution No. 2017-179 ATTACHMENT 1) Resolution No. 2017-179 Resolution No. 2017-179 RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FROM CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED THAT THE BALDWIN PARK CITY COUNCIL HEREBY: 1. Approves the filing of an application for the Walnut Creek Nature Park Restoration Project; 2. Certifies that applicant understands the assurances and certification in the application, and 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code, and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained, and 6. Certifies that applicant will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and 7. Appoints the Recreation & Community Services Director or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). Approved and adopted the 19th day of April 2017 I, the undersigned, hereby certify that the foregoing Resolution Number 2017-179 was duly adopted by the City Council following a roll call vote: MANUEL LOZANO MAYOR ATTEST - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S& CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on April 19, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK STAFF REPORT Irl"1, NO. TO: Honorable Mayor and Members of the City Council HuBOr 0;THE, � FROM: Manuel Carrillo Jr., Director of Recreation & Community Seg vi+c.t SCAN 6siri. DATE: April 19, 2017 � VA L r.rY RI-' ' �� ` SUBJECT: AWARD OF CONTRACT FOR 4 rti OF JULY PHYROTECNIC SHOW WITH PYRO SPECTACULARS, INC. SUMMARY The purpose of this report is to award the contract to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration. FISCAL IMPACT There is no impact to the general fund at this time. The cost will be funded by the BIT Fund in the amount of $20,000 (pending the public hearing and approval of the City Council). The overall event cost is approximately $50,000 including; pyrotechnic show, operational costs, contract services (band, games, and sound technician), as well as overtime pay. RECtIMMI+C;NIIATION It is recommended the City Council to: 1) Award contract with Pyro Spectaculars, Inc. for professional pyrotechnic services; and 2) Authorize the Director of Recreation & Community Services to execute the agreement with Pyro Spectaculars, Inc. LEGAL REVIEW The City Attorney has reviewed the contract agreement and approved it as to form. BACKGROUND On April 5, 2017 at the request of Councilmember Cruz Baca the award of the contract for the 4th of July pyrotechnic show with Pyro Spectacular was requested to return to the April 19, 2017 City Council meeting to allow for the review of funding for this event. At the March 1, 2017 City Council meeting, the Council approved a Request for Proposal (RFP) to solicit bids from professional pyrotechnic companies. The RFP stated all bids had to include a quote for a firework show to be performed on July 4, 2017. Only three companies in the United States exist to provide professional pyrotechnic services, they are Fireworks & Stage FX America, Pyro Spectaculars, Inc. and Zambelli Fireworks Inc. Since professional pyrotechnic services is a specialized field, staff took an active approach to increase the bid pool by placing several phone calls, mailing and faxing letters to encourage the participation from these three companies in the bidding process. Despite several efforts to reach out to all three companies, Pyro Spectaculars, Inc. was the only contractor to submit a proposal, which met all the requirements set forth by the city, county, state and federal guidelines. Fireworks & Stage FX America and Zambelli Fireworks, Inc. did not submit any proposals by the March 23, 2017 deadline. 4" of July Award of Contract April 19, 2017 Page 2 ALTERNATIVES 1) The City Council may elect not to approve the agreement at this time and consider the event during Fiscal Year 2017-2018 budget process. ATTACHMENT 1) Agreement and Pyrotechnic Proposal Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 PRODUCTION AGREEMENT (Special) City of Baldwin Park Program B, Rev. # 1 July 4, 2017 Page I of 4 This agreement ("Agreement") is made this day of .2017 by and between Pyro Spectaculars, Inc., a Califbmia corporation, hereinafter referred to as ("PYRO"), and City of Baldwin Park, hereinafter referred to as ("CLIENTT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. 1. n erWe t - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and'PYRO acus such cn t upon all of the promises, terms and conditions hereinafter set forth. "Ihe Production shall be substantially as vudirwed in Program "JW', attteched hereto and incorporated herein by this reference. 1.l EXHQ Pptiea—PYRO shall provide all pyrotechnic equipment, trained pymtechnicdans, shipping. pyrotechnic products, application fbr specific pyrotechnic permnfts (the cost of which, Including standby foam, shall be paid by CLUNT) relating to the Production, insurammoe covering the Production and the other things on its part to be performed as more specifically sat fbrtb below in this Agreement and in the Scope of Work (V'Scopc of work'j, attached hereto, Incorporated herein by this reference, and made a part of this Agreement as though set firrth flally heroin, 1.2 utia —CLIENT shall provide to PYRO a suitable site („Site”) for the Production, security for tie Site as set forth ill Paragraph 6 hereof, access to the Site, any permission necessary to utilin the Site for the Production, and the other things oat its part to be perlbrined as more specifically set forth below in this Agreement and in arc Scope ofWarlm. All Site arrangements, are subjrct to PYRO's reasonable appaWInt as to pyrotechnic safety, suitability, and security. All other conditions ofthe Site shalt be the responsibility ofCIJENT, including, but not limited to, gess, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. T Ire and Place - The Production shall take place on July 4.1017at approximately ' ) , at „ 1:11* r 116. Baldwinrk. CA Site. 3. 1i tt- CLIENT agrees to pay PYRO a The of $ USD aYffffMTH9M&NPJXHJAM ff ee") fbt the Production. Cion. CLIENT shall pay to PYRO Ste, 4 VSD Cff&jjjQUA4NP II oftire I~ea plus estimated parrnit and standby fees, specified production costs, and other regulatory costs approximated at MAR, for a. total of jjQQ2M as a deposit ("Deposit") upon the excomation of this Agreement by both parties but no later thrum JMgLjkj,QL7. Tl'mo balance of the flee shall be paid no later than2&JALZM CLIENT authorizes PYRO to receive and verify credit and financial inforrrtation. concerning CLIEhIT from any agency, person or entity including but not limited to credit reporting agencies, The "PRICE " date, the data by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20. 3,2 hityr A- In mire event that the Pee is not paid in a timely manner, CLIENT will be responsible fbarthe payment of 15% interest per month or 18% annually on the unpaid balance. If litigation arisesout ofthis Agreement" the prevailing party shall be cadded to reasonable carsts incurred in connoction with the litigation, including, but not limited to attorneys' fees. 3.3 PYRO shall pay all normal expenses directly related to the Production including fimight, insrrmtce as outlined, pyrotechnic products, pyrotechnic equipment. experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLdEd+f shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those henna outlined as C':LIENf's responsibility in this Agreement and Scope of'4lraork. 4. roorlelary - PYRO represents and warrarns that it owns all copyriglits, including performance rights, to this Production, wwW that PYRO does not own CLIENT -owned material or third-prrty-owned material that has bean included in the Pwductiorr, and an to such +C »owncd and third-party- owned hi -owned material, CLIENT" assumes till responsibility therefore. CLIM" agrees that PYRO shall retain ownwhip off, unit all copyrights and Aar rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIL''l?i'I""awned material and third -party -owned material and shall not be responsible in anyway for such material. If applicable, CLIENT consents to the use of C:LWN"I"-owned material and represents that it boor will obtain any permission from appropriate third parties sufficient to authorize public exhibition ofany such material in connection with this Production. PYRO reserves the ownership rights in its trade names that aro used in or arca a product oftlre Production Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 5. agely - PYRO and CLIENT' shall each comply with applicable federal, state and local laws and regulations and employ safety program and mewures consistent with recognized applicable industry standards and practices, At all times before and during the Production„ it shall be within PYRO's sole di tarn to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of ibisAgreement by PYRO fear fireworks to fain or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO. 6. „(py, - CLIENT shall provide adequate security personnel, wades, and Police Department services as may be ntr say to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the awe fbr the set-up and discharge of the Preducticn, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safety famil. PYRO shall have no responsibility Air monitoring or controlling CLIENT's other contractors, providers or volun eersi the public, areas to which the public or contractors have s;, or any other public orcontractor facilities associated with the Production. 7. QMW - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which maybe required of the Production or salt»up, discharge and fallout area Including any environmental clean-up. PS V 1-2e Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Baldwin Park Program B, Rev. # 1 July 4, 2017 Page 2 of 4 S'. Psrusits w PYRO agrees to apply for permits for the fiflug of pyrotechnics only from die LOS ANGELES COUNTY FIRE 11 EPARTI'i ENT, FAA, and USCG, of reuguired. CLIENT shall be responsible for obtaining any other necessary perstrits and tusking other appropriate Arran ousetsts for Police Departments, other Fire, D rartmcuts, mad closures, eventJ'activhy or laird use permits or any pernvlssion or permit required by arty I ul, Regional, 'State or Federal Government. 9. lafilraW . PYRO shall at all tames during time performance of services herein ensure that the following insurance is main unwed in can, nection with PYRO's performance of this Agreement: (1) commercial send liability insur~arrce, including products, completed opetions, and contractual liability um this Agreement, (2) autoebile liability insurance, (3) wodumrs' compemisation insurance and employer liability insurance. Such insuraaaec ms to protrut CI.11IN71" firms claimers for bodily injuty, including death, personal inj Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Baldwin Park Program B, Rev. # 1 July 4, 2017 Page 3 of 4 18. All terms of the Agreement arc in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agrecr acm and agree to be bound by said terns of written Agreement only. 19. SMML4W1iU —If diem is more than one CLIENT, they shall be jointly and severally responsible to perforin CLIENT"'s obligadotrs under this Agreernent. This Agreement shall becourc effective after it is executed acrd accepted by CLIENT and after it is executed and accepted by PYRO at PYRO"s offices in Rialto, California. This Agrecownt may be executed in several counterparts, including faxed and emailed eopics, each one of wh%h shall be dtx ren xt an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, adromistrators and assigns. 20. Edges — If any cImage$ or alterations are tirade by CLQ to this Agreement or if this Agmement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM elate shown below, them the price, date, and scope of the Production are subject to review and acceptance by PYRO for a perlod of 15 days following delivery to PYRO ofthe execrated. Agreement, In the event itis not accepted by PYRO, PYRO sttall ,give CLIENT written noticc, and. this Agreement shall be void. PRICE FIRM through May 6,20!17 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions, paragraph 20, above. EXECUTED as of the date first written above: PYRO SPECTACULARS, INC. Its: President SHOW PRODUCER: Paul Souza PS V 1-2e City of Baldwin Park By: Its: Print Name Pyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program B, Rev. # 1 Rialto, CA 92377 July 4, 2017 Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO-) and City of Baldwin Park ("CLIENT") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production on July 4. 2017, at approximately 9:00 P.M. at Slea Vista High fiShggLJM r^ir B • ,All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in aged upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Regu&Zgen& Limits $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) or _ � r n Statutory 1AV_1QXM1jAili $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: • All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. • Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipmentand trained audio engineen for operation based on audio and communications requimments provided by PYRO. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. PS V 1-2e Term Addendum to Production Agreement The following agreements, covenants, conditions and promises are hereby added to and incorporated in that certain Production Agreement between CITY OF BALDWIN PARK ("Client"), and Pyro Spectaculars, Inc. ("Pyro"), in connection with the Fireworks Show Production at Sierra Vista high School, 3600 Frazier Street, Baldwin Park, CA on July 4, 2017. If any provision of this Term Addendum shall conflict with any other provision contained in the Production Agreement, the provisions of this Term Addendum shall prevail. CLIENT shall have the option to extend the Production Agreement for an additional 1 -year extension to be performed on July 4, 2018. The show shall be of the same type, size and duration, and shall be performed at the same location, as the first show. If the Agreement is extended after the first year, CLIENT agrees to pay PYRO a fee not to exceed 520 000.00 1ISD TWENTY TI OUSA.I" DOLLARS) for the lyly 4, 2018 Production. The Parties agree that, if financial resources are not available to CLIENT for the additional Production, CLIENT has the option to cancel the Production upon notification to PYRO in writing at least 90 days prior to the scheduled date of the Production. PYRO SPECTACULARS, INC. B 4am�. c�� , P Si ent Dated: CITY OF BALDWIN PARK Signature Name Title Date: City of Baldwin Park 1 Year Term Addendum 1krl'I r, March 17, 2017 City of Baldwin Park Manuel Carrillo Jr. 4100 Baldwin Park Blvd Baldwin Park, CA 91706 Dear Mr. Carrillo, Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your July 4, 2017 event. The following proposal outlines your custom designed Sky Concert'"' Program "A" for the amount of $20,000.00. The various fireworks elements provided are prepared to shoot from Sierra Vista High School for 18 minutes. Our full service program includes music production and choreography, the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and safety equipment used for support and protection. The price also includes insurance coverage, sales tax and delivery. To help ensure public safety, we work directly with the local fire authority while we apply for all the necessary fire department and other fireworks related permits. The cost of this package includes the permit fee. Our winning combination of products, people and production capabilities help produce the safest fireworks entertainment package possible. Your organization will be responsible for payment of standby firemen fees, if any. The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location and all necessary security for the display site. Pyro Spectaculars will obtain a city business permit as indicated in the Request for Proposal. Enclosed you will find a Product Synopsis, Production Agreement for signature and Scope of Work. Please have one copy of this fully executed agreement returned to our office by May 6, 2017. Your deposit and applicable fire department fees are due by June 16, 2017. Please take the time to review this proposal in detail. If you wish to discuss any changes in your program or need more information, please call either myself or your Customer Service Representative Mark Andrade at (909) 355-8120 ext. 219. Sincerely, PYRO SPECTACULARS, INC. mawe s Paul Souza PYRO Show Producer PS/ma Enclosures Pyro Spectaculars, Inc. P.O. Box 2329 • Rialto, CA 92377 9 Phone: (909) 355-8120 or (888) 477-PYRO • Fax: (909) 355-9813 Product Synopsis • Pyrotechnic Proposal City of Baldwin Park PROGRAM A _J 2017 $20,000.00 Main Body - Aerial Shells Descri #on Quantity ♦ 3" Souza Designer Selections 380 Shots Total of Main Body - Aerial Shells 380 Pyrotechnic Devices Descri tion Quantity ♦ Sousa Gold Line Custom Multishot Device 1000 Shots ♦ Sousa Diamond Line Custom Multishot Device 1800 Shots ♦ Sousa Pearl Line Custom Multishot Device 200 Shots Total of Pyrotechnic Devices 3,000 Low -Level Pyrotechnic Devices Descrintion Quantity ♦ .5" Red, White, Blue Roman Candle Batten 450 Shots ♦ 40mm Exhibition Candle 16 Shots ♦ 49mm Exhibition Candle 16 Shots Total of Low -Level Pyrotechnic Devices 482 Grand Finale Description tionQuantity ♦ 2" Souza Designer Bombardment Shells 200 ♦ 2.5" Souza Designer Bombardment Shells 90 ♦ 3" Souza Designer Bombardment Shells 50 Total of Grand Finale 340 Grand Total4,202 Fkl� MM#114 7! lei Name of Company/Agency: Fairplex Street Address: PO Box 2250 City: State, Zi�Code: Pomona, CA 91769 What Product/Service did you provide to Choreographed Fireworks Display 1 this Company/Agency? Name of Person to Contact: Chris Endede Phone Number of Contact: (909) 865-4507 Email Address of Contact: endede@fairplex.com iNi-y; `" rr `�",�., ✓/SIM"",: h '"= x`r'�"'Ysw,owx ..; �,.,, .4, r a,,. p, •y u Name of Company/Agency: City of Cerritos Street Address: PO Box 3130 City, State Zip Code: Cerritos, CA 90703 What Product/Service did you provide to 2 this Company/Agency? Choreographed Fireworks Display Name of Person to Contact: Sherre Titus Phone Number of Contact: (562) 916-1255 Email Address of Contact: stitus@cerdtos.us. Name of Company/Agency: City of South Gate Street Address: 4900 Southern City, State Zip Code: South Gate, CA 90280 What Product/Service did you provide to 3 this Company/Agency? Choreographed Fireworks Display Name of Person to Contact: Steve Costley Phone Number of Contact: (323) 563-5494 Email Address of Contact: scostley@sogate.org ITEM E NO. STAFF REPORT .+ TO: Honorable Mayor and City Councilmembers P• U B OF � THE , ` FROM: Sam Gutierrez, Interim Director of Public Works SAN ABRIEL DATE: April 19, 2017 VALLEY � SUBJECT: RATIFICATION OF CONRACT AMENDMENT WITH SOUTHLAND TRANSIT, INC. i I'M SUMMARY This report seeks City Council consideration and ratification of the contract amendment with Southland Transit, Inc. This action is to correct a draft amendment that was erroneously presented and approved. FISCAL IMPACT This corrected Amendment reflects a decrease of $50,000 for the current fiscal year in Prop A — Fund 244. Subsequent years represented in the draft amendment were correct and remain as previously presented. RECOMMENDATION Staff recommends that City Council ratify the Amendment with Southland Transit, Inc. and authorize the Mayor to execute the ratified Amendment. BACKGROUND At the March 15, 2017 City Council meeting a contract amendment to compensation rates of Southland Transit Inc., was approved by Council. In preparation of the staff report an error was made in the Amendment by not including the contract term of retroactivity to January 1, 2017 of the compensation rate, the fiscal impact reflected in the staff report was represented as $1,200,000 where it should have read $1,150,000, and the incorrect [draft] Amendment was attached to the report. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES City Council may choose to reject the request and direct staff to resubmit the entire package for Council consideration. However, this action may prevent Southland Transit, Inc., from providing transit services due to escalated labor rate costs passed by the State. ATTACHMENTS 1. Exhibit A - Contract Amendment [corrected] 2. Exhibit B - Draft staff report and attachments Correction to Staff Report STI April 19, 2017 Contract Amendment [corrected] amna n=11M.Wimmym1pr1ra Kemove "TRANSIT SERVICES AGREEMENT Exhibit B - Schedule of Compensation" table and replace it with the following table: Transit Services Agreement Exhibit B – Schedule of Compensation Southland . . .. ....... ..... . . ..... . ...... ................. Annual .... - � I . .. .................... Third year I'll-, .......... . . . .... .... Fourth year Fifth year Transit Revenue revenue service revenue service revenue service Service Hours hour rate hour rate hour rate FixedRoute 12,677 $58.70 $59.99 $61.87 Dial -A -Ride .. .. .. . .... . .. ................... . ...................... . ..... -- 8,720 $58.70 . . . . ......... .......................... 9.99 $61.87 -1.8 Total Hours 21,397 $58.70 -7 -- $6 2. City and Service Provider agree to offset CPI increases for year 2014 with shortfall in bus stop advertisement revenue and no further adjustments to payment shall be applied. Service Provider shall submit payment to City for advertisement rights as specified in the current contract Section Q, Revenue to City. Ler-11 1.1gal IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written M ATTEST: SOUTHLAND TRANSIT, INC. By:__ ............ .... City Clerk Jason Snow, Vice President/COO �.4 Correction to Staff Report STI April 19, 2017 Exhibit B — Draft staff report and attachments 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 ITEM NO. F .. W r STAFF o�v m, : ., ,r,.w.✓ii . ,c r�� ( .'NrYku4 nVi„s��, vYna �� d� 21.6%24.3 % 28.1 _ �... _ TO: Honorable Mayor and City Councilmembers wf#[I OF ' FROM: $13.59 Hourly Compensation Rate $48.28 Sam Gutierrez, Interim Director of Public Works s� c:lr DATE: March 15, 2017 . " $1,256,000 $1,283,600 � "� 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 $10.42 $11.71 $13.59 Hourly Compensation Rate $48.28 $58 70 $59_99 $61.87 Anticipated Transit Contract $11033,050 $1,256,000 $1,283,600 $1,323,800 Amount (usiniz 21,397 rev. hrs.) Funds Bud geted $1 200 0 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. 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 lar -,s2 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 REVEEW 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 proposed 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 roposals_ ATTAC NTS 1. Southland Transit, Inc. Costs Breakdown Sheet 2. Copy of Transit Services Agreement with STI 3. Contract Amendment #1 Urm Attachement No. 1- Southland Tranit Ines Cost Breakdown Sheet for Baldwin Park Transit Services TOTAL LIVE HR 27120 21997 21.197 Z1M7 -230^ RATE PER REVENUE HOUR S 51.70 S SBS $ Tull ;710 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 ("Contractoe'). 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 SERVICE S. 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." ,d"... 1 N....F1.lvll 11JI * tU11111 U1 U110 +v'WFlW"Wk W+ 41-a k-1 Y�—.,,r nu wwoiur w.a ., 10 2013 through June 30, 2018. Upon completion of the initial five-year tern, 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. COMPENSATION.mm 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. CI'I' OR LDCAMINATION. 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 worts 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. 15 6. SI Ni IEN . 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 OTHERS. 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 Califomia. 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 put 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. ..._� _ .._w ............_..�...... al � insurance coverage in 1.�..............._ 10....._ilUTAI�CE Contractor shall maintain �.. __ _..... 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 • Personal or Bodily Injury 21 • Property Damage 22 o 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 INTEREST. 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 laws and regulations governing 24 conflict of interest. Transit Services Agreement Page 5 of 8 1 .15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Contractor may not 2 conduct any activity, including any payment to any person, officer, or employee of any 3 govemmentai 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. EFFECT OF TERMINATION. TION. Upon termination as stated in Paragraph 11 "16' of this Agreement_, „City shall be liable to Contractor on! 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 "Bp attached hereto. Such payment will be subject to City's receipt of a close -Put 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 Transft Services Agreement Page 6 of 8 1 of the dispute. 2 19. COVENANTS A.ND 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 Off:AC3�REEM.E, NT. 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, 'cont -actual 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 iTransit Services Agreement Page 7 of 8 . 1 22_ NOTICES. Notices pursuant to this Agreement shall be in wetting and may 2 be given by personal delivery or by mail. Notices shall be directed to Contractor and 3 Citys 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 ttorney_Joseph W. Pannone / Aleshire & Wynder, LLP 2361 Rosecrans Avenue, Suite 565 El Segundo, CA 90245-4916 (310) 527-6660 Transit Services Agreement Page 8of8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF 'BALDWIN PARK ATTEST: City Clerk 0 Manuel Lozano, Mayor Dated: CONTRACTOR: Southland Transit, Inc _. Its Dated:. 2 _ 1- 2d 133 ICY.—_ m Its, _..� Dated: /7— �� 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 Approach 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: a 14 Descriptions of Service Modes 15 Service Modes Hours of Operation 16 Holiday Services and Hours 17 C. Purchase of Qpkonal Services S ecial Tr p 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. Calcuion, 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 starttime, 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 Adiustmegbs.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 Faciliti 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. I est 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 shah 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. E Auipragnt - e jcls 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. ttu(jr �qqi meat 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 Page 6 of 20 Exhibit A — Scope of Service Scope of Work 1 3. Driver Qualifications: Contractor shall furnish drivers who are at all times: 2 Legally ficensed 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 property 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 0 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 10 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. ,r r 12 • Defensive driving 13 • Emergency first aide 14 • Cardio -pulmonary resuscitation 15 • Passenger assistance techniques, including operation of lift -equipment 16 • 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 Is 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 onw portion of the sensitivity 23 training prior to providing service in this program. All remaining new -Aire 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 all 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 paymenttpassenger 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. Fares 24 1. Passenger Fares: Passenger fares will be collected from every person boarding Transit Agreement Exhibit A — Scope of Service Scope of Work Page 9 of 20 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 leaned 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 dean -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 Exhibit A — Scope of Service Scope of Work Page 11 of 20 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. 1p 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 60 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 • Gleaning 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 + 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 withmatching color and quality paint 2 City at its sole discretion may choose to perform the bus shelter maintenance in lieu of 3 Contractor performing 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 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 1 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 lncident ,�pd Emergency Procedures 16 1. Accidents or Incidents. City requires Contractor to have an accidentrncident and 17 emergency notification program that keeps City notified of accidentsfincidents or 18 emergencies and the progress of claims to assure City that claims are promptly and 19 fairty 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 facUities to 12 assist s in an l qr #pg incidents... ,To the extant _ :rty m, sires 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. Invoicing Pa,mend 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 Cly iia Mpfl by Contractor) 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 objectionable 19 advertisement immediately but no later than within 24 hours. The City may also at anytime 20 itself remove any advertisements, which it finds 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 aaARepgrtfi 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 'oomply 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 t?oardings and 11 transfers for in—service vehicles, system wide and by route.) Vassenger t oararng on the Litt — 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 colleded 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 • Total Accidents and Road Calls — All types. Transit Agreement Page 16 of 20 Exhibit A — Scope of Service Scope of Work 1 • Passenger Use of Bike Racks —Fixed route, system wide, and by route. 2 . Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. 3 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 • 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. a of Service 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 I STANDARD Fixed -Route Services A On -Time Performance (zero minutes early and up to five 95% minutes'afterthe scheduled arrival time) _ B. Scheduled Hours of Operation. .m_._. m�.- � (copletion of scheduled 99.5% service hours C. Productivity (in passenger per hour) 10.0 Dial -a -Ride Service .. .A.� On -Time - Pry up within 40 minute window of call, based 2.90% B. Average Wait -Time (elapsed 40 min. time between an 40 minutes immediate service request and passenger plck-up) C. Average Service Time (waft -time plus ride time at�t�ough 60 minutes min�utes - may be longer for service to/from outlying areas) __ ..... D. City D..__ ......� �. AR Productivity (passengers per hour) z 4.5 pass. per hour E. No -Shows (per reporting period) m...._.,,mm. _ __...W.. .. 5% Overall System _.._ ._...A ..._Customer Complaints (verifiable complaints, 3 monthly not 3 monthly including questions or comments B. Avera a Time Hold (Reservation Line) 60 seconds 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 Sooty 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?70/o. 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. Ota oin F'I,eqNr and Mrletung 16 Contractor shall 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 California and recognized by the State with 17 current A.M. Best's rating of no less than "A" 18 W. f ecipt of New Vehicles and'at ontra t 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 tens 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 A , - 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 vehicle(s) 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 Revenue Southland Transit Service Hours First Year revenue service Hour Rate Faced Route 19,600 $45.90 Dial -a -Ride 8Z20 $45.90 Total Hours --,--28320 $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 "TealLine' 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 5 2. City Dial -a - Ride Service: 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 andsubscription/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 15:00 am to 6:00 pm 21 Saturday & Sunday X6':00 am to 6:00 pm 22 23 3....Purchase of Pptional ServicesS gc:,ial iµrifa : 24 25 In addition to regular operations, Contractor may, from time to firne, 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 sarne hourly rate as the Fixed -Route 31 Service. AMENDMENT TO AGREEMENT FOR SERVICES 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"). A. Change in Compensation 1. 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 STransitnd Annual _ year Third e � Fourth year ��— Fifth year 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 $58.70 Total Hours �21,397 � $58.70 $59.99 $61.87 TO EFFECTUATE THIS AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK SERVICE PROVIDER: Manual Lozano By:; Mayor Date ATTEST: By: City Clerk Jason Snow, Vice President/COO Date name and title Date Date STAFF RF.,PORT TO: ITEM NO. Honorable Ma FROM: David Salcedo DATE: April 19, 2017 SUBJECT: PURCHASE OF SPILLMAN COMPSTAT MANAGEMENT DASHBOARD MODULE & SPILLMAN ANALYTICS MODULE SUMMARY This report is seeking City Council approval to authorize the funding for the purchase of the Spillman Compstat Management/Productivity Dashboard Module and the Spillman Analytics/CrimeMonitor Module. The purchase of these Spillman Modules will enhance the effectiveness of the Police Department by allowing a map -based analytics tool to assist in Intelligence -Led Policing (ILP), crime pin mapping, heat maps, filtering capabilities, time comparison analytics, and more. FISCAL IMPACT There will be no impact to the general fund. The police department will utilize Federal Asset Forfeiture funds to make this initial purchase. This is an admissible use of Asset Forfeiture funds. After twelve months, there will be an additional annual maintenance cost of $16,440.00 which will also utilize Federal Asset Forfeiture funds and added to the existing Spillman maintenance costs. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.23(B) of the Baldwin Park Municipal Code, (B) When the supplies and equipment needed can be obtained from one source only. 2. Direct Finance staff to take the necessary action and make a budget appropriation of approximately $69.561 from Federal Asset Forfeiture fund (205-30-370-58110-00000-2) toward the purchase of the Spillman Compstat Management, Productivity Dashboard Module and Spillman Analytics/ CrimeMonitor Module. 3. Authorize the Chief of Police, or his designee to make the above purchase through the procedure outlined above. BACKGROUND The Police Department has utilized the Spillman system for the last 20 years. We currently use Spillman for our records management (RMS), computer-aided dispatch (CAD), mapping, field reporting, evidence management, and jail management (JMS). Now with the development of the Compstat Dashboard Module and the Spillman Analytics Module, we can incorporate cutting edge public safety technology for crime analysis. Spillman Analytics compiles multiple data layers within customizable time and date ranges, allowing the Department to utilize tools to analyze data, including crime -specific filters, heat maps, crime pin maps, and time comparison analytics. Furthermore, Spillman Analytics will allow us to create a map -based analytics tool to assist in Intelligence -Led Policing (ILP) to increase Police Department effectiveness by recognizing and predicting crime trends and directing the deployment of resources to combat crime at specific times in specific areas. The implementation of this Purchase of the Spillman Compstat Paae 2 April 4, 2017 software will greatly benefit the community as the Department's analysis and response to crime will be enhanced. Usual purchasing practices in acquiring major equipment are by following formal bid procedures, which are outlined in The Baldwin Park Municipal Code §34.23. This section also provides a mechanism to waive the biddi 14 1- rocedure under certain circumstances. Per $34.23 �B�, When the su lies and e�Wirf obtain;dftom one source only. ument needed can be 11, KW 9 U WA A L T E Y UA T FIE The alternative would be to purchase another computer program that is NOT compatible with Spillman. Stand- alone crime analysis programs would require duplication of efforts and extra staffing to manage. These programs also far exceed the cost of the proposed Spillman modules, averaging well over one -hundred thousand dollars. ATTACHMENTS • Quote and Purchase Addendum - Spillman Compstat and Productivity Dashboard Module • Quote and Purchase Addendum - Spillman Analytics and CrimeMonitor Module • Spillman Compstat Overview • Spillman Productivity Overview • Spillman Analytics Overview 11 �p If. nan r tea, tor. Quote and Purchase a ' Quoted Date: Quote Expiration Date: Seirvices 1 t"w c:A uo %. N April 04, 2017 June 30, 2017 Quote Number: Prepared By: QUO-12282-PR51`9 Troy Archer • First-year Maintenance — For the specific module(s) listed in this document, all upgrades and live phone support services are included for the entire first year. b Project Management and Installation — Spillman will assign a Project Manager as the agency's single point of contact. This individual will coordinate Spillman's expert installation and training staff as needed to ensure a smooth upgrade transition. Included in Quote Package uo • CompStat Management Dashboard $60,950 • Command Staff Productivity Dashboard $17,250 Discount Incuded • 2nd -year maintenance charges will begin 12 months from the date of contract execution listed below. • Future maintenance is estimated for your planning purposes and is not included in this purchase. 2nd -year Maintenance Total: $8,652 The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Spillman within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. ,4 sp,111han.1 ,agl reliable Quote and IIDAddendum Quoted Date: Quote Expiration Date: Baldwin Park Police Department Customer Name Date April 04, 2017 June 30, 2017 Quote Number: Prepared By: Authorized Signature Print Name and Title QUO-12282-P3L5P9 Troy Archer ST .� Iati, k.a WCIUIWAAI&A� reliable Quoted Date: Quote Expiration Date: Swri,vices Iriclluude Quote and Pwirchase AddendU WTI April 04, 2017 June 30, 2017 Quote Number: Prepared By: QUO-12283-T3S6Z0 Troy Archer • First-year Maintenance - For the specific module(s) listed in this document, all upgrades and live phone support services are included for the entire first year. • Project Management and Installation - Spillman will assign a Project Manager as the agency's single point of contact. This individual will coordinate Spillman's expert installation and training staff as needed to ensure a smooth upgrade transition. Included in Quote 'Package Quote • Spillman Analytics -1 Years $8,611 • CrimeMonitor -1 Years F'utwireii n erlia ce • 2nd -year maintenance charges will begin 12 months from the date of contract execution listed below. • Future maintenance is estimated for your planning purposes and is not included in this purchase. 2nd -year Maintenance Total: $7,788 The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Spillman within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. SIR reliable Quoted Date: Quote Expiration Date: Baldwin Park Police Department Customer Name Date April 04, 2017 June 30, 2017 Quote Number: Prepared By: Authorized Signature Print Name and Title QUO-12283-T3S6Z0 Troy Archer Page 2 of 2 COMPSTAT MANAGIIIllillil��illi�'IIM�ENT BO,Alt��') USE STATISTICS TO CONDUCT INTELLIGENCE -LED POLICING MAIN III':fASI°IJlll30 I'fD Agency command staff can use the CompStat Management Dashboard module to view a full array of agency statistics, including exactly how many crimes, accidents, and traffic citations have occurred within a jurisdiction over an agency -determined period of time. The CompStat Management Dashboard module allows users to customize the window of time tracked, enabling comparative statistics from week -to -week, month-to-month, or multiple -month periods, or between periodic ranges such as seasons. Users can also view statistics as they occur within customizable zones, such as schools, neighborhoods, or business districts. When tracking agency statistics, command staff can also use the CompStat Management Dashboard to track and view goals for their agency or individual personnel. OOIIIIIIAIII'm DASFIDOAIII'CIII"f Administrators can see which locations are being targeted by crime and use the information to zero in on problem areas. The crime types are defined as Part I and Part II crimes by federal reporting policies and can be modified by the agency. By clicking on one of the categories of crime, users can access in-depth information to view and analyze each crime type in more detail. Agency command staff can see whether each type of crime increased or decreased over a designated time period, where and when incidents occurred, and which personnel responded to them. Additionally, agency command staff can use the dashboard to view these crimes and incidents on a Google Earth'"^ map to determine crime hotspots, helping agencies allocate resources to problem areas. SPILLMAN FLEX: COMPSTAT MANAGMENT DASHBOARD COMI'DDNllii1'Y III'I;IOIII'II:A''f"'S III01AS1°1D0Allll10 Users of the CompStat Management Dashboard can also analyze the rate and location of events that impact the quality of life in a community, such as gang problems, graffiti, and animal attacks. Offenses can be customized to reflect those tracked by individual agencies, with graphs that reveal whether community -impacting factors have increased or decreased over a designated time period. Users can access detailed information about each of these crimes, including the date, time, and location. 111AIII'' IIII' ISS AIIISD AOSIIIIIIIC11::,JIISS°S DAS1°1IISOAlll'°CllD The Traffic and Accidents Dashboard enables agency administrators to see whether accidents and citations have increased or decreased over a given time period, including how many injuries or fatalities occurred in each accident and the resulting monetary damage. The dashboard also shows the most frequent causes and locations of citations and accidents, allowing agencies to identify problem areas within their jurisdictions and target resources to accident hotspots. ['S"] I Flex r ,pltmm Dnh",d 010,J, t 1.,111� ,"m . 29. /ryul r�In.�a.° O111g11 With the Quick Glance column users can GitJr kdy 08vv the c j arrsins of rate of ci:Iirla, quality -of -life factors, traffic citations, and accidents. D 2,, Users can see how c an'9ea cater,,Gc 9 las I izivo " t Iraayd or alr±a>I r;aa„raa4 over auser-defined comparison range, using pie charts to see which crimes occurred most frequently. � Command staff can ,bee Il ow tllue rate of cr'kne changes da ung p: c-detorin fined tllll'ne flra mes, such as day to day, hour to hour, or between two periods of time, using the Crimes Per Day graph. The graph filter allows agencies to add or remove types ..w ,......... R, of crimes from the graph. TOTAL SOFTWARE INTEGRATION Spillman's Integrated HubTm is an open, centralized database where all agency information is entered, stored, and extracted in real time, providing total software integration. This allows users to enter data once and have it automatically shared among related modules Agencies using this module can optimize their system and enhance productivity through total integration with other Flex modules. Sp'l inc. a Udo kri:d ohiti:ms Company uny 4625 Lake Park Blvd. Salt Lake City, Utah 84120 800.860.8026 info@spillman.com www.spiliman.com MOTOROLA, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. 02017 Motorola Solutions, Inc. All rights reserved. Specifications are subject to change without notice V02 02.17 COMI'VIAND STAFF PRODUCT�IVITY DASIl BOARD CREATE A CULTURE RE 0 F ACCOUNTABILITY AMONG AGENCY PERSONNEL CUIII T'UIII1E OFACCOU14 1AB11 ITA The Command Staff Productivity Dashboard combines with an agency's CompStat Management Dashboard (sold separately) to provide administrators with easy visibility into each officer's or group's workload, performance, and statistics, helping to create a culture of accountability in the department. Administrators can pull statistics regarding incidents such as accidents, arrests, citations, and warnings. Having this data quickly available allows executives and managers to focus on outcomes and accomplishments in the department, instead of just a process or statistic. SPILLMAN FLEX: COMMAND STAFF PRODUCTIVITY DASHBOARD III,'y' CREASIIIIIIII"t TAAIIINSCAJII!UIII"1 CY Using the Command Staff Productivity Dashboard, agency administrators can create easy -to -read reports with charts showing various statistics associated with any particular officer or group of officers in the agency. For example, administrators can create a graph showing demographic information for each individual an officer has arrested during the last two years. These detailed reports can also be shared with the community, improving transparency and building overall trust between the agency and their community. f VIII'UIIII°III'fIIIIIILUIIIIIIIASIIIU'im III!'tlllllllllll'°„IIII't"'f"S In addition to the crime, accident, and traffic citation information administrators see when creating reports using the CompStat Management Dashboard, the Command Staff Productivity Dashboard can pull any data entered into an agency's Spillman Flex system that is attached to an officer's name. This allows for more robust and informative reports. The software also includes a mapping feature that allows supervisors to visually present where the work is needed and being performed. SlllifAllU'tIIIIIIILAUIllm1111111 IIU''�'III''.....�'�'i�„��III'fTS Workstations created in the Command Staff Productivity Dashboard can be set as "read-only,” allowing administrators to share reports with other personnel without giving them the ability to modify any settings or data. This increases shareability, while still protecting the integrity of the report. unta, r•,�a�:��n�y „ Users can ciromse thl ,:; tune f l alve the report will show, making it easy to compare statistics from one period to another. , Administrators can qulcldl ,t iatt sIics on aujon((,ype w;oIIi"ie1 per f:�lmGxnco,including accidents, arrests, citations, incidents, and warnings. u Administrators can qui cklfa e clz�,k w11"l"" iOi.,'lc from 'a �'karftl,flar graui using easy - to -read pie charts- .... ... ... harts_ r�� iwwuwwiuunir �„�I�ul� nruita iou 1 TOTAL SOFTWARE INTEGRATION Spillman's Integrated Hub'm is an open, centralized database where all agency information is entered, stored, and extracted in real time, providing total software integration This allows users to enter data once and have it automatically shared among related modules Agencies using this module can optimize their system and enhance productivity through total integration with other Flex modules S. n. PLh'oln@s,inc. .� InioludoIl„C1:11nParly 4625 Lake Park Blvd. Salt Lake City, Utah 84120 800.860.8026 info®spillman.com www.spiliman.com MOTOROLA, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ©2017 Motorola Solutions, Inc. All rights reserved. Specifications are subject to change without notice V02 02.17 00S )llI11211 Officer Productivity%�� ai I � �a�lU��d�,ne,n NO 31da-3009 pw1eJ ], J, Ia."+ a' RI[aAgd n lYurenuna-m mcaw.n's tlna&anll &.rc:a9afl0.�:uu0.'% Anumt2M a:IfWnaGwnas aMafa%a:uRk+. MIWa'iu'ttBVxA '. t= unta, r•,�a�:��n�y „ Users can ciromse thl ,:; tune f l alve the report will show, making it easy to compare statistics from one period to another. , Administrators can qulcldl ,t iatt sIics on aujon((,ype w;oIIi"ie1 per f:�lmGxnco,including accidents, arrests, citations, incidents, and warnings. u Administrators can qui cklfa e clz�,k w11"l"" iOi.,'lc from 'a �'karftl,flar graui using easy - to -read pie charts- .... ... ... harts_ r�� iwwuwwiuunir �„�I�ul� nruita iou 1 TOTAL SOFTWARE INTEGRATION Spillman's Integrated Hub'm is an open, centralized database where all agency information is entered, stored, and extracted in real time, providing total software integration This allows users to enter data once and have it automatically shared among related modules Agencies using this module can optimize their system and enhance productivity through total integration with other Flex modules S. n. PLh'oln@s,inc. .� InioludoIl„C1:11nParly 4625 Lake Park Blvd. Salt Lake City, Utah 84120 800.860.8026 info®spillman.com www.spiliman.com MOTOROLA, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ©2017 Motorola Solutions, Inc. All rights reserved. Specifications are subject to change without notice V02 02.17 / r, Ya, MIA' Ics S"P1111MAN I NAVIGATE FULLY INTEGRATED, MAP -BASED ANALYTICS FOR INFORMED DECISION MAKING MAN EI, SIIIIII,,,D IIHM'Tliii L], 11 QE'IIINCIIIIII: AI'EUD ANAI„AT°IIIICS The Spillman Analytics module offers agencies a map -based analytics tool to assist in Intelligence -Led Policing (ILP) initiatives, helping them make informed decisions about their resources. With multiple data layers and customizable time and date ranges, agencies can use many tools to analyze data, including crime -specific filters, heat maps, pin maps, time comparison analytics, and more. Spillman Analytics gives users the ability to create geographic profiles for quick access to specific areas for hotspot monitoring. Users can also create up to 20 customized dashboards to view and analyze data. PARI I II'1III.....E IIIIIIIw.CSI,I I'IIIINC' I I°ICES Reporting tools allow users to create, schedule, and disseminate reports through email. Personnel can choose from multiple reporting tools and analytic features to help analyze nearly every aspect of agency data. Agencies can utilize charts and graphs to visualize crime patterns and trends across jurisdictional lines. I"'II;iIIII°IT SYSTEM IIII T"E'SIUI'IAC"IIIMN As the most sophisticated interface in the industry connecting LexisNexis data to RMS and CAD information, Spillman Analytics offers distinct advantages due to tight system integration. The module offers unique Link Back functionality that allows agencies to select a record on any analytics map and open the full record in their RMS or CAD system. Agencies can define which events or records get exported, as well as set their own preferences for export frequency, including completed CAD call data. Because Spillman Analytics offers SPILLMAN FLEX: SPILLMAN ANALYTICS true integration with LexisNexis and works within an existing Spillman Flex system, personnel benefit from single sign -on and a single point of customer support. Crime and call for service data related to each incident is searchable and viewable throughout other Flex modules, including call, complainant, location, offense, suspect and victim descriptions, information on vehicles related to incidents, and responding officer information. SYS"T'IIII:IIIIM CtIIVS'°I°&MITATIIIINIIIN When setting up their system, agencies can choose to use FBI - standard location types or create agency -specific location types when setting field mapping preferences. Spillman Analytics customers can also add privacy codes to incidents to prevent certain information from sensitive cases from being exported. Agencies can also upload a badge image to customize reports. CI'INSS..,Altl!,,'IIIINCA INIIII"I MI'I"'I EI„IIIIIII'IIISUDIC"'I"IIISIIIINAE SIIIIIAIIINC With Spillman Analytics, agencies can view, analyze, and download crime and call data from any other agency using LexisNexis products. Each agency can determine whether or not they will share data with surrounding agencies, the public, or both. Agencies can also choose whether to share incident, CAD, or both data sets when exporting to LexisNexis. [S] I Flex r�r � 600,01/ TOTAL SOFTWARE INTEGRATION Spillman's Integrated Hublm is an open, centralized database where all agency information is entered, stored, and extracted in real time, providing total software integration. This allows users to enter data once and have it automatically shared among related modules. Agencies using this module can optimize their system and enhance productivity through total integration with other Flex modules. j Analysts can use five available analytic I,o( is to, dR;nWyf rel Irne, Iatt,me ns, including hot spots 2, With Spillman Analytics, users can,,) r,cess sand opca,,n f uH recca ds, due to complete integration with the Spillman Flex system. 3, Users can initiate queries on more than I 26 %cQa1em and 4; Taft foi, se'Iirvr uio data S"Ivlrtl'IIeM''s on a jurisdictional map. 4625 Lake Park Blvd. Mman. Salt Lake City, Utah 84120 800.860.8026 Stechnologies, inc. info@spillman.com �m Mo101ra6+.a "kAIinti, CotI arIV WWW.spillman.com MOTOROLA, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ©2017 Motorola Solutions, Inc. All rights reserved. Specifications are subject to change without notice V02 02.17 ITEM NO STAFF P RTii%, 1 TO: Honorable Mayor and City Councilmembers Hu OF rwi, FROM: Sam Gutierrez, Interim Director of Public Works s N DATE: April 19, 2017 SUBJECT: AUTHORIZATION FOR A ONE YEAR CONTRACT EXTENSION TO COMPUTER SERVICES COMPANY FOR TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE AND REQUEST FOR ADDITIONAL FUNDS DUE TO UNFORSEEN DAMAGE TO CITY STREET LIGHT POLES & TRAFFIC SIGNAL CONTROLLERS SUMMARY The purpose of this report is to provide information for the consideration of a one-year contract extension for traffic signal and street lighting maintenance services to Computer Services Company (CSC). This report also requests that additional funds be appropriated to cover a high incident rate of unforeseen damage to our traffic signal and street light systems. FISCAL IMPACT The approval of this item will not impact the City's General Fund and will be absorbed by Landscape Lighting Maintenance District (LLMD) — Fund 251. Current Budget Anticipated Recovery Vehicle Insurance Claims $100,000 1, $50,000 ($16,400) Total Program costs anticipated for FY 2017 RECOMMENDATION It is recommended that the City Council: $150,000 ($16,400) $133,000 1. Authorize the Mayor to execute the contract Amendment No. 1 to extend the existing contract with Computer Services Company (CSC) for a period of one-year; and 2. Authorize the Director of Finance to appropriate additional funds for FY 2017 to cover the increase in unforeseen costs; and Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2017. BACKGROUND On February 19, 2014, a traffic signal and street lighting maintenance contract was competitively awarded to CSC for the maintenance of signalized intersections, speed feedback signs, school flashing beacons, City owned street lighting system and some parking lot lighting repairs. CSC has been performing this service satisfactorily. Starting at the beginning of FY 2017 extraordinary damage repairs have been required due to aging traffic signal and lighting systems. Additionally, we have experienced costly vehicle collisions with our traffic One Year Contract Extension and Additional Funds Request 1`lor Computer Services Company April 19'', 201' Page 2 signal and lighting poles and a traffic signal controllers. In most cases, recovery for damages is difficult since driver "hit and run" leaving the City and CSC to make costly repairs and traffic control. Location Cost ($) Status Description Ramona and Earl 3,129.59 Hit and Run Traffic signal pole hit Pacific and Vineland 5,490.58 Hit and Run Traffic signal pole hit Baldwin Park Blvd. and Sterling Way 4,250.00 Damaged Controller Aging Controller failed Los Angeles St and Merced Ave 19,500.00 Damaged Cabinet Aging Cabinet failed Baldwin Park Blvd and Corak Ave 16,372.87 PD Report on file 2 Street lights knock down Ramona Blvd and_Bogart. Aye ._.._.—. 1,904.81 Hit and Run Street light knock down Total $50,647.85 LEGAL REVIEW 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 approve extension and appropriation request to CSC, however, this action would impede CSC from providing traffic signal and street lighting maintenance services. City Council may, at its discretion, direct Staff to circulate a Request for Proposal (RFP) and award a new contract based on solicited service proposals. ATTACHMENTS 1. Copy of Computer Services Company Agreement 2. Amendment to Existing Agreement Attachment# CONTRACTOR AGREEMENT TRAFFIC SIGNAL. AND STREET LIGHTING MAINTENANCE FOR THE CITY OF BALDWIN PARK THIS AGREEMENT is made and entered into this 19th day of February, 2014 by and between the City of Baldwin Park, ("City"), and Comput rrvicq qqr Iiy ("Contractor"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor agree as follows: 1. SCOPE OF SERVICES. Contractor agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." 2. COMPENSATION. City shall pay for the services performed by Contractor pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. C NTRACT TERM. The contract term is for a 36 month period with up two one- year extensions upon mutual agreement by contractor and City. 4. AU DIT OR EXAMINATION. Contractor shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5 STATIJ5 OI� ,CONTRAC`T"OR Contractor shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Contractor shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Contractor shall be free to contract for similar services to be performed for other entities while under contract with City. Contractor is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Contractor shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6.SSIGNME�N� . This Agreement is for the specific services with Contractor as set forth hereinAn . y attempt by Contractor to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Contractor may assign payments due under this Agreement to a financial institution. 7. RIGHT ;,HT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. Traffic Signal and Street Lighting Maintenance Page 2 of 5 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Contractor shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Contractor shall indemnify, hold harmless, and defend City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity to the proportionate extent arising out of Contractors' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Contractor, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Contractor shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Contractors' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $5,000,000, single limit, per occurrence; and (2) Property Damage -- $5,000,000, single limit, per occurrence; or (3) Combined single limits — $10,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability; (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage — $1,000,000, single limit, per occurrence; or (3) Combined single limits — $2,000,000. (C) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (D) Prior to commencement of services hereunder, Contractor shall provide City with a certificate of Insurance reflecting the above, and an endorsement for chotic f n urance which shall Provide: (1) the City, and its officials, officers, agents and employees are named as additional insured (with the exception of Worker's Compensation); (2) the coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall be in excess of Contractors' insurance and not contributed with it. u Traffic Signal and Street Lighting Maintenance Page 3of5 (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (E) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Contractor for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWN tl S)�I,P OC. Doc N .M,EN All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Contractor in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Contractor may retain copies of such products. 12. RECORDS AND INSPECTIONS. Contractor shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Contractor shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13 TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, 14. CONFLICT OF INTEREST. Contractor agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Contractor shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL, ACTIVITY/LOBBYING CEmI'mf"II`I_CATION Contractor may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. .EFFECT OF TERMINATION. Upon termination as stated in Paragraph '16" of this Agreement, City shall be liable to Contractor only for work performed by Contractor up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Contractor need be compensated only to the extent required by law. Contractor Traffic Signal and Street Lighting Maintenance Page 4of5 shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS ANIS CONATION. Each term and each provision of this Agreement to be performed by Contractor shall be construed to be both a covenant and a condition. 20. INTEGRATED AG E E MI T. This Agreement represents the entire Agreement between the City and Contractor. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. __ _...JCtiI N Olt AGREEMENT. This Agreement may not be modified, nor 21. MODI may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Contractor Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Jeff Telander, Operations Manager Computer Services Company 12907 East Garvey Avenue Baldwin Park, CA 91706 (B) Daniel Wall, P.E. Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 23. NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Contractor shall send a copy of all notices to the City Attorney. k Traffic Signal and Street Lighting Maintenance Page 5 of 5 City Attorney:. Robert N. Tafo a, l Tafo a and Garcia, LLP 316 West 2nd Street, Suite 1000 Los Angeles, CA 90012 (213) 617-0600 24. THIRD PARTYwwi lT�_EFICIA,6 iPS. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party, against either Contractor or City. 25. WAIVER OF COINN DIAL I _5. Neither party shall be responsible to the other for any special, incidental, indirect, exemplary, punitive, penal or consequential damages (including lost profits) incurred by the other party or for which either party may be liable to any third party. 26. STANDARD OF CARE. Contractor will perform services in a manner consistent M„mmm„ with that level of care and skill ordinarily exercised by other members of Contractor's profession currently practicing in the same locality under similar conditions. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City t��i�N� 0 Manuel Lo.ano, Mayor Dated: CONTRACTOR: FIRM NA -' ,er Ser ,'” .^e Company By:__:� Name: Vincent P. Mauch Dated: February 11, 2014 -11tl : CFO for Com -pater Service Co, Address: 12907 E. Garrey .Ealdwin Park, CA 91706 Telephone: _§_26) 96 EXHIBIT A TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE SERVICES Scope of Services The selected contractor will be required to provide the City with personnel, vehicles, equipment, and materials as necessary to maintain the City's traffic signal and related equipment. The selected contractor must have the resources and ability to install various traffic signal poles, controller cabinets, safety lighting, and other associated equipment. The scope of services includes, but will not be limited to the following: 1. A. Routine Preventative Maintenance (Quarterly) B. Semi -Annual Routine Preventative Maintenance 2. Extraordinary Work and Emergency Repairs 3. General Requirements 1. A Routine Preventative Maintenance performed on a quarterly basis shall include:. The contractor shall perform inspections of each signalized intersection including: a) Walk the intersection and visually verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection. b) Verify that Internally Illuminated Street Name Signs (IISNS): the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing. Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc. c) During the walk around, depress all pedestrian push buttons, and observe for proper timing operation and display. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary. As soon as possible, replace broken parts, or change parts and align signal heads, adjust all vehicle or pedestrian signals as necessary. d) Closely examine the function of traffic controllers in relation to the approaching traffic, and compare the timing chart to the intervals that are timed by the traffic controller. Correct the time of intervals, if necessary, as per the timing sheet and notify the City Engineer or his/her designee for verification of work performed. EXHIBIT A e) Observe traffic as it approaches the intersection, in order to determine if the detector loops, detector loop cables, and amplifiers are operating properly. Adjust, replace, or re -tune detect amplifiers, if necessary. f) Inspect all load switches, photo -cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary. g) Clean the controller cabinet; vacuum if necessary; remove any foreign material. Look for water or excessive dampness inside the cabinet. Determine the cause, and remedy the condition. Check the filter, and replace it, if necessary. h) Remove unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Remove or paint over any graffiti observed on traffic signal equipment. i) Maintain a clear and accurate record of the field inspection in the controller cabinet. This record will include the quarterly inspection summary showing the date and time checked, and who checked it. Controllers shall not be replaced, except for repair, without written prior approval of the CITY. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart. In addition to the above, this Agreement covers safety lighting, soffit lighting, speed feedback signs, traffic beacons and any other appurtenant signing. Contractor shall repair any and all defective parts of the signal system that cause the signal failure or malfunction, as the occasion arises, such as the signal controller, pedestrian timers, master controllers, coordinating units, (Los Angeles County) synchronizer and interconnect, flashers, all kinds of burnouts, detector loops, push buttons, sensing units, communication hardware, and wiring systems, etc., unless the failure or malfunction falls in the category of "Extraordinary Maintenance" as defined in this Agreement and Bid Specifications . L2LLq9 D t ctor Replacr��n�:r�t Once it is determined by the CITY that the saw cut has deteriorated to a point that applying more epoxy is insufficient, the loop detector shall be replaced at the fee proposal price stated in the Contractor's Proposal. Contractor shall provide a schedule for installation of any loop detectors with an estimated completion date. Page 2 of 16 EXHIBIT A Larnp Replacernerit Contractor shall replace all lamps and Light Emitting Diodes (LED) in all signals on an 80% depletion curve. All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any local ordinance that may apply. If incandescent lamps are present and are in need of replacement based upon the above criteria, the contractor shall replace the lamp with a manufacturer approved LED. Contractor agrees and acknowledges that the CITY'S traffic signals contain LED's, which include red, amber and green balls and arrows. L - t o lacemc-nt Contractor agrees to use only standard traffic signal LED's manufactured to California Department of Transportation's (Caltrans) standards. Contractor agrees to supply all labor and equipment to perform the re-lamping function, with the cost of the LED's to be invoiced to the CITY. Contractor shall clean, polish and inspect all lenses and reflectors at the time the traffic signals are re-lamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically -programmed signal heads adjusted. ( j l rr rm i r l and Internally Illumin;.rted Street Name Signs Contractor shall replace pedestrian signal incandescent and LED lamps and internally illuminated street name sign fluorescent and LED lamps, as they become dim or inoperative in-kind. Contractor shall also replace ballasts and transformers for these units as required. (t) Safety I.. Feting Safety lighting at signalized intersections are to be replaced as they become inoperative, or when directed by the CITY. High-pressure sodium vapor or LED lamps are to be used for replacement. Starting the third month of this contract, the contractor shall conduct a yearly nighttime survey of City owned lights, inspecting and correcting any inoperable safety lighting, soffit lighting, internally illuminated street name signing, and any other appurtenant illuminated signage. A report of all findings and recommended actions from such survey shall be sent to the City Engineer for review. EXHIBIT A t _p,q dba k i� r°�s� i r c� Beacons, and Pedestrian Alert These solar powered traffic control devices shall be inspected quarterly for proper operation. This work include the following: i. Load test batteries and record on paper and with silver marking pen on each battery the date and load test results. ii. Check inverters for proper function iii. Contractor shall clean, polish and inspect all lenses, solar panels and reflectors at the time the devices are re -Tamped. iv. Contractor shall replaced or changed all broken or deteriorated parts as necessary, signal heads aligned, pole mounted, street signs adjusted, and optically -programmed signal heads adjusted. V. Contractor shall program devices in accordance with the latest program chart. vi. Records shall be maintained in a written log within each device and electronically as specified in section 3. General Requirements. vii. Remove dust, insects, and spiders from service boxes that may cause malfunctions. viii. Notify City staff of programming issues. 1. B. Semi -Annual Routine Preventative Maintenance shall be performed on signalized Intersections semi-annually and shall include: b) Uninterrupted Power Supply (Back -Up) System: i. Load test all batteries and record on paper and with silver marking pen on each battery the date and load test results. ii. Perform 15 minute test. iii. Verify bypass switch is operating properly c) Verify unit is set for 50% fully operational and 50% red flash. d) Inspect and test battery charging system. e) Video Detection System Where Applicable: Insure proper operation, clean video detection camera lens as needed. f) Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs. g) Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. h) Check: All pull boxes for structural defects or rodent infestations, and properly secured lids. i) Verify timing charts to controllers. If they are not correct contact City staff to verify differences. j) Report significant areas of rust on cabinet exterior and signal poles to City staff. k) Remove dirt, debris, insects, spiders and spider webs from pull boxes that may cause signal malfunction and/or electrical contact issues. EXHIBIT A 2. Extraordinary Maintenance and Emergency Re airs Extraordinary Maintenance shall consist of the following:. Failure or malfunction of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, replacement or excavation; or Minor upgrading or installation as directed by the CITY. (1) Notification Contractor shall contact the City Engineer or its representative regarding any Extraordinary Maintenance work, and seek the City Engineer's prior written approval before the work is scheduled or commenced. Contractor shall notify the City Engineer or its representative by telephone at least twenty-four (24) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. (2) Emergencies When directed by the CITY, contractor shall respond immediately to emergency calls such as a total blackout, and dispatch the qualified personnel and equipment to reach the site within one (1) hour of CITY's direction under normal circumstances. For an emergency repair of a signal that is completely blacked out, the following procedure of traffic control shall apply. a) Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour of CITY's direction. The contractor's vehicle shall carry traffic cones and other equipment that shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the City Engineer, or its representative. b) If no police officer is present, and temporary stop signs have been set up when the contractor arrives at the site, contractor shall set up additional traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the contractor shall remove all of the temporary traffic control devices including stop signs, and return those devices owned by the CITY to the City Yard. c) If a police officer is still at the site when the contractor arrives, the contractor shall quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair is estimated to be completed within a few minutes, the police officer may stay to -continue to direct traffic while the contractor repairs the signal. If the repair is estimated to take longer than the officer can reasonably wait, the contractor shall EXHIBIT A immediately set up temporary boulevard stop signs and all other necessary warning devices, and relieve the police officer. NatplHils Materials used in Extraordinary Maintenance and Emergency Repairs shall be paid at the contractor's cost from the supplier, plus the percentage markup specified in the contractor's Schedule of fees. All materials and parts shall be new or have the approval of the City Engineer, if otherwise not new. The CITY has the right to inspect the contractor's records to verify any material costs used for work relating to Extraordinary Maintenance and Emergency Repairs. ) Direct La orb. As part of its monthly invoice, contractor shall present a record of hours spent on Extraordinary Maintenance and Emergency Repairs of traffic signals and appurtenances per intersection. CITY shall pay the contractor for such hours of Extraordinary Maintenance and Emergency Repairs at the rates specified on the contractor's Schedule of fees. Said hourly rates shall be the total cost to the CITY. Rates shall include all compensation for prevailing wages, profit, overhead, any fringe benefits such as employer payments to or on behalf of workers for health and welfare, insurance, Worker's Compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. Regular time rates will be charged to the CITY for labor between 8:00 a.m. to 5:00 p.m., Monday through Friday. Overtime rates will be charged to the CITY for labor between 5:00 p.m. and 8:00 a.m. on weekdays, and 24 hours on Saturdays, Sundays and holidays. Under this Agreement, the term "holidays" mean: New Year's Day President's Day Thanksgiving Day Independence Day Memorial Day Christmas Day Labor Day Veteran's Day U Lquip11101 t CITY shall pay contractor for equipment used in Extraordinary Maintenance and Emergency Repairs on a per hour basis as specified in the contractor's schedule of fees (Exhibit A). Contractor's listing of per hour equipment rates shall constitute total rates to be paid by the CITY when specified equipment is used. No additional payments of any kind shall be paid for equipment, except as specified on the contractor's schedule of fees per hour rates. All salvaged or damaged materials that cannot be repaired or reused shall be delivered by contractor to a location designated by the CITY Engineer. All damaged materials that can be repaired for re -use in contractor's signal shop, shall be removed to the shop for EXHIBIT A such repairs, and shall be reinstalled when repaired. No additional compensation shall be paid for transporting the equipment to or from the job site. &hEainting Contractor shall provide a cost proposal to the CITY to repaint all, signal heads, back plates and visors as an optional additional service. Repainting shall be conducted per Caltrans standards and be dark green and applied by spray -painting methods. Paint shall be at least 0.5 mills thick. 3. Gene al l "eqr l Mer e s A. Permits and Licenses The contractor..............�..............��. shall procure all permits and licenses, including a CITY business license, pay all applicable charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Agreement. B. Patents The contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. C. Et. Uiprrrgnt f gguir d Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following trouble calls. In those cases where a complex controller or component has to be repaired, the contractor shall install a substitute controller or component of its own, while it is repairing the defective controller or component. D. Records Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, arrival time to location, hour of day, description of service work performed, and the technician's name who completed the work. A copy of such record shall be maintained at all times within the controller cabinet of each signal location. A log sheet giving a brief description of all routine, extraordinary maintenance and emergency work activities shall be attached to each monthly invoice. Each invoice shall have a minimum of the following but not limited to: 1. Location of intersection 2. Technician(s) Name 3. Detailed breakdown of work performed 4. Date of invoice and date of work performed 5. Technician arrival time and date 6. Technician departure time and total hours worked 7. Requestor's name and call back number 8. Description of damages and work performed 9. Equipment model numbers and serial numbers 'age 7 of 16 EXHIBIT A 10. Invoice number 11. Purchase order number 12. Remittance address payment E. 'Shutdowns Contractor shall notify the Baldwin Park Police Department at (626) 960-1955 and the City Engineer or City Engineer's authorized representative or designee at (626) 813- 5255, of any signal turn-offs or turn -ons necessitated by contractor's operations, and shall not make said turn-offs or turn -ons until a police officer is present, or unless given permission to proceed without police control by the City Engineer, or its authorized representative. F. G rnpliiar Contractor shall comply with all applicable codes, ordinances, laws, rules, regulations, orders and other legal requirements of the federal, state and local governments, including but not limited to the Baldwin Park Municipal Code, that bear on performance of its work. The CITY, and its appointed or elected officers, employees or agents, shall not be liable at law or in equity occasioned by the failure of the contractor to comply with - this subsection. In addition, no official or employee of the CITY shall be personally liable to contractor in the event of any default or breach by CITY, or for any amount that may become due to contractor. In accordance with Section 7028.15 of the California Business and Professions Code, all of contractor's technician employees, agents or subcontractors, shall be licensed in accordance with the laws of the State of California, and any employee, agent or subcontractor of contractor not so licensed, is subject to the penalties imposed by such laws. G. Labor Strike shallIt be the responsibility of the contractor to provide continuous maintenance services, without any interruption, of all traffic signals in the CITY. In case of a labor strike, the contractor shall provide other means, at his own cost, to provide comparable continuous service as if there were no strike. Failing to do so will cause the CITY to take whatever action is deemed necessary to provide such service, and the cost will be borne by the contractor. H. Failure to Perform If the contractor should neglect to perform the work properly, or fail to perform any provisions of this contract, the CITY, within three (3) days after written notice to the contractor, may, without prejudice to any other remedy it may have, make good on such deficiencies, and may deduct the cost thereof from the payment then or thereafter due the contractor, provided, however, that the City Engineer of said city shall approve such action, and certify the amount thereof to be charged to the contractor. EXHIBIT A I. aSurement and Payment Monthly invoices will be paid within 60 days of receipt. Separate invoices are required as follows: Routine Maintenance Work (Quarterly) Semi -Annual Routine Maintenance Work Extraordinary Maintenance Work and Emergency Repairs The prices for both the Routine and Extraordinary maintenance work shall be based upon the rate specified by the Schedule of Fees and shall apply to all types of signal controllers, accessories and systems as may exist in the CITY now, or that may be installed during the life of this contract. Contractor shall maintain, at the same unit price, any additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the CITY. In the event that notification is made of a new installation at other than the beginning of the quarterly period, the unit cost of routine maintenance will be prorated from the day the contractor is notified. J. Routine Maintenance The price for Routine Maintenance shall include the following services, and any other service not specified in this subsection shall fall under the category of "Extraordinary Maintenance." = For non -interconnected pre -timed systems of pre -timed controllers, contractor shall check coordination timing not less than once per quarter. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart. The contractor shall ensure proper operation of the CITY'S traffic signals on a quarterly basis. A quarterly maintenance schedule shall be established and filed with the City Engineer. Maintenance shall include: (a) Check of all traffic signal equipment (including hardware within the traffic signal controller). (b) Verification of traffic signal timing and clock function. (c) Clock timing shall be based on WWW or GPS Time Based settings. Intersection Records - (a) Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and EXHIBIT A installation date. The inventory list shall be continually updated and a copy shall be furnished to the City every six months. (b) Preventive Maintenance (PM) Checklist Form: Maintain a copy of the PM Checklist Form approved by the City at each intersection. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, video detection, lamps and signal poles, etc.). (...iit:.'orl Provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail or on a media storage unit (CD or Flash Drive) and shall include the following: (a) Time of any service calls received, time of arrival at the intersection, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month. (b) A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection. (c) Time and date the Preventative Maintenance work was performed. Po inlc p ir.... List Provide a quarterly report of all pending repair work needed at each intersection. Compensation for all routine "Preventive Maintenance" work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month, in accordance with the Cost Proposal, Schedulp A, included in this Solicitation and completed and returned by the selected firm in its Proposal. (For clarification, each intersection will be billed to the City no more than once per quarter for routine preventive maintenance work). No additional or separate payment will be made for labor and materials, vehicles, equipment, or for daily travel time from the selected firm's base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventive maintenance work as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized. Special Note: The selected firm will be required to assign a sufficient number of traffic signal technicians to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal, as described in this Solicitation. The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide routine preventive maintenance, and to respond to unscheduledlemergency work ("Extra EXHIBIT A Work") during regular working hours (8:00 AM to 5:00 PM, Monday through Friday)_ An inability to provide maintenance to each traffic signal once per quarter may cause the selected firm to be subject to liquidated damages. L rpg ggr Service Contractor shall maintain a 24-hour per day emergency service for the replacement of burned -out lamps or LED's, turned heads and controller malfunctions, or any damage creating a public hazard. Contractor shall maintain a local telephone number where representatives of contractor can be reached 24 hours per day. This telephone number is to be made available to all persons designated by the CITY. Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system, or turned head. The replacement of burned -out lamps or LED's need not be on an emergency basis, provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall, in any event, be handled and serviced as soon as possible in a routine manner, but no longer than 24 hours upon notification of a burned - out lamp or LED. All labor, materials, equipment, travel and parts for routine emergency service shall be included in the price bid, per intersection, per month, and no extra compensation will be allowed. K.tg T1 -r irimrcg In addition to preventative maintenance, the contractor shall train City Staff on the procedures of quarterly inspections during the first year. The contractor will be required to provide a training program clearly describing the contractor's approval to train city staff. L. Protection and Traffic Control (1) Protection Contractor shall be responsible for, and shall provide and maintain all required guards, railings, lights and warning signs, and shall take all necessary precautions to avoid injury or damage to any person or property, and shall, at its own cost and expense, defend, protect and indemnify the CITY against any claim or liability arising from, or based on the lack of proper safeguards or negligence, whether by himself or his agents, employees or subcontractors. Contractor shall protect all work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the work. It shall provide for the safety and good condition of all work, and replace all damaged or defective work, materials and equipment. 2 EXHIBIT A Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the CITY promptly, and shall be performed by CITY personnel. M. Traffic Control Traffic control shall conform to the W.A.T.C.H. Handbook 2012, and the State of California "Manual on Uniform Traffic Control Devices," (MUTCD) 2012, and must be approved by the City Engineer or his/her designee. Contractor shall conduct his operation as to cause the least possible obstruction and inconvenience to vehicular and pedestrian traffic. Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the MUTCD, Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways," published by the U.S. Department of Transportation (Federal Highways Administration) with State of California, Department of Transportation supplements, or as may be deemed necessary by the City Engineer, to give adequate warning to the public at all times that the road or street is obstructed, and of any abnormal conditions to be encountered as a result thereof. . Pa rn rnt for Traffic Control Payment for barricading, protection and vehicular and pedestrian traffic control shall be included in the cost estimate for regular maintenance (i.e. relamping, IISNS, PED heads, etc.), and extraordinary maintenance to adequately perform the work involved to the satisfaction of the City Engineer. N. Guarantee Contractor hereby guarantees that the entire work performed by it under this Agreement will meet fully all requirements thereof as to quality of workmanship and materials fumished by it. Contractor hereby agrees to make, at its own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become known within one (1) year from notice to contractor regarding said defects. SPECIAL CONDITIONS A. The contractor shall immediately report all traffic signal malfunctions that affect the intersection timing, or require changes to the traffic signal controller to the City Engineer. The City Engineer or its representative will direct the contractor on what action should be taken. B. Should the City Engineer or its representative be unavailable, the contractor shall correct the signal malfunction to ensure public safety. The City Engineer shall be notified in writing of these changes as soon as the work is completed. C. Traffic signal timing changes shall be made by the contractor with the City Engineer or his or her designee's approval. The City Engineer shall be notified of these changes as soon as the change has been made. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart. U The contractor shall respond to report of signal malfunctions that affect traffic signal timing within two (2) hours unless as stated in the Extraordinary Maintenance shall consist of the following:... (2) Emergencies" section (page 10). E. Contractor shall ensure that traffic signal timing is in accordance with the timing sheet kept in the signal cabinet, and the clock is properly set. F. Contractor shall submit to the CITY, as part of its Schedule of fees, a maintenance checklist itemizing the tasks that shall be performed on a monthly basis as part of the Routine (signal) Maintenance and items to be performed anytime the contractor opens the cabinet. Failure by the contractor to provide the services outlined in its Routine Maintenance list that requires the CITY or its agent to take action, shall be billed back to the contractor. K Contractor shall notify, by telephone, the City Engineer or its representative, within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. Contractor shall also provide a schedule for completion of any extraordinary maintenance work, and an estimated completion date. I. Contractor shall receive a written approval from the City Engineer or his/her designee of any extraordinary maintenance in excess of one thousand dollars $1,000 per intersection. EXHIBIT A J, Contractor shall be advised that all work shall be schedule for normal working hours unless, but not limited to: 1. A completely blacked out intersection 2. More than two ball light indications per lane are inoperative 3. Conflicting signal timing 4. City owned pole knockdowns 5. City Staff request City of Baldwin Park Street Lights BAI, - K City owned and. Maintained: Location Athol Bridge Approach.. . ... ......... Baldwin Park Blvd Bridge Approaches.., Baldwin Park Boulevard .................. .... Little John Street ................................ Maine Avenue .................................... Puente Overpass Approaches ............... Ramona Boulevard.. ...................... .. Brooks Dr ........................................ SpringSt ..................... ......... ........... Sterling Way ..................................... 03100 thru 13500 block) (@ 1-10 Fwy) (3100 thru 3600 block) (Los Angeles Street to 4750) (4000 thru 4200 block) (@ 1-10 Fwy) (1260 - 12900 and 14100 - 14600 blocks) Rivergrade Rd. to Cul -de -Sac Little John St. to Cul -de -Sac Baldwin Park Blvd. to Maine Ave. pity Owned and Edison Maintained,: Edison replaces burned -out or broken lights bulbs only on the following` Baldwin Park Boulevard,.........m,.,........ Pacific Avenue ...................... . ......, .. , Francisquito & Ramona. La Rica & Ramona ............................ Downing & Ramona ........................... Francisquito & B.P. Boulevard__ ........ Merced & B -P. Boulevard .................., Sierra Center ........................... , .... (3700 block thru 3900) (14300 block thru 14400) (Intersection) (Intersection) (Intersection) (Intersection) (Intersection) (Baldwin Park Boulevard frontage) All other Street Lights not listed above, are Edison - Owned and Edison Maintained. Please note that all Esidon poles are labeled with a tag and numbered. Edison should be called for these Edison -Owned poles in case of damages sustained by knockdowns. (If tag is missing on pole, the numbers will appear on either end of the pole). This includes removal and replacement of damaged poles - Edison -Owned and Maintained. Most are likely Edison poles. 15 of 16 City of Baldwin Park Signalized Intersections and Amenities Year of Controller Location Construction Type Program City Maintained NSA Badillo & Puenle 1983 Badlilo, & Willow 2012 Baldwin Park & Bess 1995 Seldom Park & Cates; 2003 Baidmifi,[ TlariK 8. Clm k i qx� Baldwin l-'arV, S, FcST',r 199? BmAflW R H jjl'n I tI & F, I ajr iC15q 1 lin W75 170(:. 'U32 I -ACO IR 11--Welvi111 I & Lm ArWIrIs 197", r,Wm0in Pri*& lWeiced 197',-, Poifth Pwk& Nh)j pain 11 IwN M EI 7FmtWnp 1999 EXHIBIT A RedI Photo ,Battery Back- 11,31orced LF—D Change Out Lip systeer, X x x X x x x x x X X W I l Wd,vM" I 'Aqs & Nivo2001:Y 1 NSA 59 EiNpnkli I RNO & Rvohvade Road 1 X 60 Live Oak & Stewart 1 , p4MIlIWri Park & Aanooo ` I VA 1986 62 Ramona Blvd X Bannes Avenue 2M)6 x x 13 FkAdWin I W., 1983 RAdMn R: III k 11 tl v:y (,,VM bo Oaiiuu a5 Mw 11 U "1, ?0 10F 3 Pedestrian LED Crosswalks x 14 Bak3win I 'ark & IAIINmri 2012 x "I5 DOUVAing 9, Vacffi C 19EAi X. - 16 F)owratq a. Rant,. 'Ina: .1992. —x — X: 17 IF rai misquilic A Dalewmd 1985 x x 18 11-i,r,aiL,,'mqulilca&1--i,aizia-ir 1983 170-332 Bi -trans x 19 Frandsquilo & Goyvry 20M 170E-332 LACO. 1 R x x F.-coriolne, 3 dial lime 20IF onnsqulYo & 'Ancland 'M,14 K 21 1 a i2equ9ic,& m1ur^9i re I, "I , �7f, I 3006 x 22 9- ' ziar Ea it 2005 x ?',Frar[I Fix4or 2012 x 24 Las Ar r9ekys & O'cl ter 1993 LACO-1 R x ,eb to,% Aoqa[Hs 6 I,$,e,,cv, 2006 LACOAR x 26Los Ar�lQlvr,�- & fqaW, in 2006 LAW ll'! x 27 List., Aripoe.m & WmW, 211 U", AfijiwP,, 11 WAI 1698 2ww miew c clarit 1983 x 31? took e [,a nnfo� 2005 I70 3%„ I AU P x 31 11 A Fno 1 1996 UDE 332 R hamX "I') li4aknk4l AnqoIioI as :� 1w: , , . : � . 33 Mini e6, ('00WHailwood 2006 Al x 34 klakx-�,% Olive 1983 x 31, poninn, & SjrI C"erifel- 1998 x 36 11 t, Aheru AuC "f I :3 7 Unreod ui d Mof kef Plar, e 3�i lVerm'd and viI, ielaYII4 200� 39 Pacific & Vii,miarol 19%, x 40 PadrFIC A, Big DAW1,11 2006 LACO, I R x 41 Fluerils & Dolow(m.4 19N x 4," Piionln N, MoI I I) Hi UNm, 2006 .x 2 "WWde & I 'JuAc I996 hliI, 14" M X x 4,11 ""nono Rul pad 11983 LA1) x PIC V, l::$ MIN Ia ln, I 2011'10 11I II �;J32 Y r x ii 46 Ram,nu S, 1: ouAn 1063 l "),C4) X C', I talnijfo % l rr11•in11911+, :I qu 1 170• h:,VQ l I I IR ^0W K x 9W Rayoxm;l N; l 0 11 Ocj 1983 P ACO ,Il u6 10 RaInIna & Magnu NWb i W,CI x 61) Ramunu & mwced 200o IC CI x x �:I I RamLw7a A l,NKAIim!y 2003 Leal A) x x k bVarobnv& Floewo 7 ,�� L,Cu 111 53 Ruam,nu & bkwnd 9q5 � ACCI x x 4 Rumm,na and Cpsm Uwyez 19l!3 i''WO 'd1'..155 Rwwna Rvil & RndikW l Ivam 2000 -nod x I,F, I ownn 1 u i u',r t OI,v K FunIn I 94i d Maintained Lighting and Other Devices Street Lights (300) various locations (see attached map) Speed Feedback Signs (13) Forlel Citywide d Feedback Signs (6) Speed Sentry Citywide School Beacons (5) spot Devices Citywide 57 1 A"g?,lics Oerwilt, kir trill thavil 58 hrlimilwyIGS, Arhia fw I iyon-ittIod NSA 59 EiNpnkli I RNO & Rvohvade Road Iv ib 60 Live Oak & Stewart 2001 61 Los Angeles & Ltlie John (75% owner) 1986 62 Ramona Blvd X Bannes Avenue x Aym K'w fl,'10 63 ;`"r Iv 1%,wDuv & W&m AVWAA� NP, 64 L,.sn4 l Mk F, 1 W I WmI 9 N I k Ulvv Li,13 44, (:W i)3r i K ivp Oak 8 R!vi!riYmM Road h40, Note: WA Indicates not Gfty owned Rev W10(2014 GAIM Iritrastructure%TrafficSkpkts)lraffic signal locatIons2-xa 16 of 16 NSA 6i7 605 wy N, Ramona Iv ib 6B io Yvesbi:,VI,d k" lmdi0olin Palk 2I06 2003 P I, W Eariftmund nmprd i"Up 4171 TI RIX Mlp Fl,rk e, 1 vnl;nm,axI *K'b RAdMn R: III k 11 tl v:y (,,VM bo Oaiiuu a5 Mw 11 U "1, ?0 10F 3 Pedestrian LED Crosswalks Note: WA Indicates not Gfty owned Rev W10(2014 GAIM Iritrastructure%TrafficSkpkts)lraffic signal locatIons2-xa 16 of 16 TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE SERVICES Schedule of Fees I. Routine Maintenance ❑ Routine Preventative Maintenance per intersection per inspection cycle (Quarterly) $ 55.00 ❑ Routine Preventative Maintenance per flashing beacon system per inspection cycle (Quarterly) $ 20.00 ❑ Routine Preventative Maintenance per speed feedback sign per inspection cycle (Quarterly) $ 20.00 ❑ Routing Preventative Maintenance per pedestrian crosswalk alert per inspection cycle (Quarterly) $ 20.00 ❑ Semi -Annual Preventative Maintenance per signalized intersection per inspection cycle (Once) $ 70.00 II. Schedule of Labor Rates per hour Straight "I"'erne Operations Superintendent $ 90.00 Lead Signal Technician $, 75,000 Signal Technician $.......__u 72.00 Lead Signalman (Utility tech) Signalman (Utility tech) Lab/test Technician Engineer/System Technician $-.-----90.00 Laborer $ 65.00 III. Schedule of Equipment Rates* Service Truck Hydraulic Man Lift Truck (under 32') Hydraulic Man Lift Truck (over 32') Boom Truck (Crane with Operator) Compressor w/tools Concrete Saw and wet dry vacuum 'Any equipment not fisted above will be charged at the local prevailing rental rates. IV. Markup on Material Overtime $---- _.-.._,... 1.3.5.,04_. 120.00 $� _118.00 120.00 $......... 125.00 98:.00_ Hourly Rate 18.00 $, 28.00....m��_ $ _ 28.00 $.....��_�..._...�.-25..00 $ —.50,00- 15 .50°00 - V. Markup on Labor ��...�.....a.....a % Vl. Special Pricing 6' Type E inductive loop installed (1 to 4) 6' Type E inductive loop installed (5 or more) LED Pedestrian module installed (includes labor/equipment) Completed controller testing (new in your lab) Completed controller testing (old in your lab) Safety Lighting Replacement with LED Safety Lighting Replacement with High Pressure Sodium Vapor EXHIBIT B m .,...055•_50._ 295.00.... 1.00.0.00,,.,_ .. ---- 415.0.0...... U ml R 11 n M 1 THIS AMENDS THE AGREEMENT entered into on the 19`x' day of February, 2014. THE FIRST AMENDMENT TO THE TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE FOR THE CITY OF BALDWIN PARK (this "First Amendment") is dated as of April 12th , 2017 (the "Amendment Date"), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the "City"), and Computer Services Company ("CSC"). A. The City and CSC, entered into a traffic signal and street lighting maintenance use Agreement dated February 19, 2014 (the "Agreement"), which, subject to the City's approval, permits CSC to enter upon the Public Way and maintain traffic signal and lighting systems and their structures located within the Public Way; and B. The City and CSC have mutually agreed to amend the Agreement, as provided for in Section 3 of the Agreement to extend the term of the Agreement for one-year. Therefore, the Agreement is amended as follows: Section 3 "Contract Term" of the Agreement is amended by as follows: "This Agreement shall continue for a term of one (1) year (the "Amendment Term") commencing on the Amendment Date provided in this First Amendment and shall remain in affect until February 19, 2018,. Section 22 "Designated Representatives" of Agreement is amended to update CSC and City notice information as follows: (A) Computer Services Company 12907 East Garvey Avenue Baldwin Park, CA 91706 Atm: Jerry DavA Vice President (B) City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Sam Gutierrez, Interim Director of Public Works TO EFFECTUATE THIS FIRST AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this First Amendment, the duly authorized representatives of the parties have executed this First Amendment as of the Amendment Date. CITY OF BALDWIN PARK, a California municipal corporation 10 Manuel Lozano, Mayor Date: 2017 Computer Services Company In Jerry D;lvi°ice President Date: W°'/✓ " 2017 ATTEST: City Clerk ITEM NO. 10 IMAY= STAFF REPORT ORT ' °A TO: Honorable Mayor and City Councilmembers 14 � , FROM: Sam Gutierrez, Interim Director of Public Works �. �N, Acs► L ", DATE: April 19, 2017 °A 'LEY"',. r V SUBJECT: RESOLUTION 2017-181 AUTHORIZING THE DIRECTOR OF w PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00378S FOR MAINE AVENUE COMPLETE STREETS PROJECT SUMMARY This report requests City Council consider the adoption of Resolution 2017-181, authorizing the Director of Public Works to execute Program Supplement Agreement No. OP16 to Administering Agency -State Agreement for State Funded Projects No. 00378S, for the Maine Avenue Complete Streets Project. The Program Supplement Agreement will incorporate the Maine Avenue Complete Streets Project into the Master Agreement for administering state funded projects and contains specific technical information regarding the project, such as detailed cost, scope, and schedule. FISCAL IMPACT The execution of the Program Supplement will disburse $2,201,00.00 to the City in grant funds for the construction of complete Streets improvements along Maine Avenue between Arrow Highway and Los Angeles Street. The expected funding for this project is as follows: RECOMMENDATION Staff recommends that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2017-181, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00378S." BACKGROUND Maine Avenue currently lacks proper pedestrian, bicycle access and inadequate ADA access from Arrow Highway to Los Angeles Street. The City has long desired to allow ADA access on Maine Avenue, and join our community with safer crossings for pedestrian and bicyclist. In January 19, 2017, the California Transportation Commission approved the allocation of Cycle 1, Active Transportation Program Local (ATPL) funds to the City of Baldwin Park. The ATP grant for $2,201,000 was awarded to the City in August 26, 2014 to construct Complete Street Improvements along the Maine Avenue Corridor between Arrow Highway and Los Angeles Street. This funding specifically identifies the Program Supplement Agreement N. P61 to Administering Agency -State Agreement for State Funded Projects No. 00378S April 19, 2015 P'aec, 2 narrowing of Maine Avenue to accommodate sidewalk improvements to allow wheelchair accessibility, construct bike lanes, stormwater water quality improvements, and a roundabout at Olive Street. In October 2010, the State approved a Federal Safe Routes to School Grant in the amount of $1,000,000 for pedestrian and bicycle safety improvements. On December 17, 2013, the City Council awarded the Design of Maine Avenue Complete Streets project to Stantec Consulting Service's for the design of the Safe Route to School improvements. On December 3, 2014, the contract was amended to include the additional scope of the ATP grant. DISCUSSION As a condition to funds disbursement, the City must execute Program Supplement Agreement No. P61 (attached), which adopts and incorporates this project into the existing Administering Agency -State Agreement for State Funded Projects No. 00378S entered between the City and the State on June 21, 2016. The Program Supplement Agreement contains specific technical information regarding the project, such as detailed cost, scope, and schedule. LEGAL REVIEW None Required. ALTERNATIVES The City Council could choose to not to approve this resolution. However, doing so will cause the grant to lapse and funds to be disencumbered and/or deobligated. The City will forego receiving $2.1 million dedicated to this project. ATTACHMENTS 1. Resolution 2017-181 2. Program Supplement No. P61 to Administering Agency -State Agreement for State Funded Projects No. P61. Attachment # Resolution No. 2017-181 Program Supplement Agreement No. P61 to Administering Agency -State Agreement for State Funded Projects No. 003785 Page 1 RESOLUTION NO. 2017-181 A RESOLUTION 2017-181 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00378S WHEREAS, the City of Baldwin Park is eligible to receive Federal and/or State funding for Transportation Projects; and WHEREAS, the Federal and/or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into new Master Agreements; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Works or his designee. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and/or State Funded Transportation Projects. SECTION 3. That the Mayor and City Council approved Master Agreement which is effective June 1, 2009 to June 30, 2019, and all Program Supplements and any Amendments thereto, for Federally and/or State Funded Projects. SECTION 4. That the Director of Public Works or his designee be authorized to execute the Program Supplement Agreement No. P61 and any Amendments thereto for federally and/or State Funded Projects. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2017-181 Program Supplement Agreement No. P61 to Administering Agency -State Agreement for State Funded Projects No. 003785 Page 2 PASSED, APPROVED, AND ADOPTED this 19th day of April 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. 2017-181 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 19, 2017 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK Attachment #2 PROGRAM SUPPLEMENT NO. P61 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00378S Adv Project ID Date: February 14, 2017 0716000340 Location: 07-LA-0-BWP Project Number: ATPL-5323(034) E.A. Number: Locode: 5323 This Program Supplement, effective 01/19/2017, hereby adopts and incorporates into the Administering Agency -State Agreement No. 00378S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 06/21/12 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Maine Avenue Corridor Complete Street Improvements TYPE OF WORK: Estimated Cost State Funds STATE $2,201,000.00 $3,512,000.00 CITY OF BALDWIN PARK By Title Date Attest LOCAL $311,000. Matching Funds OTHER $1,000,000.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date that budgeted funds are available for this encumbrance: Officer � I hereby certify upon m eo�s��l knowledge�� Date _�!/°,��" $2,201,000.00 Y fY P YP 9 Accounting O �� .. ._ Program Supplement 00 -378S -P61- SERIAL Page 1 of 3 STATE OF CALIFORRIA. DEPARTMEAT OFAWTASPORTATIOR #W-PI'Mil PSCF (REV. 01/2010) TO, S -I A l GON I ROL.i.Ll Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJECT: Encumbrance Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF BALDWIN PARK $ 2,201,000.00 PROCUREMENT TYPE: Local Assistance Page I of 1 DATE PREPARED PROJECT NUMBER: 2114/2017 10716000340 REQUISITION NUMBER / CONTRACT NUMBER: 0716000340 ATPI--5323(034) RQS - 071700000536 ADA NoS For lndlviduals with sensory disabilities, this docwnepA Is available in alternate formats. For information. call (915) 654-6410 of TDD (916) -3880 or write Records, and Forms Management, 1120 N. SVeet, IVIS -'09, Sacramento, CA 95814, 07-LA-0-BWP ATPL-5323(034) SPECIAL COVENANTS OR REMARKS 02/14/2017 1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00 -378S -P61- SERIAL Page 2 of 3 07-LA-0-BWP 02/14/2017 ATPL-5323(034) SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY will not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12), and (13). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. Program Supplement 00 -378S -P61- SERIAL Page 3 of 3 ITEM NO. STAFF REPORT E �, d 11lME N&= LO TO: Honorable Mayor and City Councilmembers SA �Iua OF FROM: Shannon Yauchzee, Chief Executive Officer THE ;sy DATE: April 19, 2017 SAN VALLEY ltr SUBJECT: APPROVE A RESOLUTION FOR THE JOINT TAX TRANSFER FOR ANNEXATION INTO THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT SUMMARY This report requests City Council consideration or approval of a Resolution to authorize a Joint Tax Transfer which will effect an exchange of property tax revenue in relation to annexation of Baldwin Park into the San Gabriel Valley Mosquito and Vector Control District (Vector Control District). FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff recommends that Council approve Resolution No. 2017-182, entitled "A Joint Resolution Of The Board Of Supervisors Of The County Of Los Angeles And The Governing Bodies Of The San Gabriel Valley Mosquito And Vector Control District And City Of Baldwin Park, Approving And Accepting The Negotiated Exchange Of Property Tax Revenue Resulting From Annexation No. 2016-32 To The San Gabriel Valley Mosquito And Vector Control District." BACKGROUND On July 20, 2016, the City Council approved Resolution No. 2016-129, which approved the annexation of the city of Baldwin Park into the San Gabriel Valley Mosquito and Vector Control District and directed staff to proceed with the annexation process. That action represented the first step in the process of applying and being accepted into the Vector Control District. Through the process administered by Local Agency Formation Commission (LAFCO) the proposed annexation has been approved by the County of Los Angeles Board of Supervisors and the Vector Control District Board. The Resolution represents the last step in the process in which authorize the negotiated property tax revenue exchange. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to reject the Resolution, however this would result in the rescinding of the application for annexation into the Vector Control District. ATTACHMENTS Resolution No. 2017-182 RESOLUTION NO. 2017-182 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE GOVERNING BODIES OF THE -- SANGABRIEL --VALLEY----MOS-QUIT-O- AND-V-ECTDR -CONTROL DISTRICT AND CITY OF BALDWIN PARK, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION NO. 2016-32 TO THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, and the governing bodies of the San Gabriel Valley Mosquito and Vector Control District and City of Baldwin Park have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of Annexation No. 2016-32 to the San Gabriel Valley Mosquito and Vector Control District is as set forth below: NOW, THEREFORE, BE IT RESOLVED as follows: 1. The negotiated exchange of property tax revenue between the San Gabriel Valley Mosquito and Vector Control District, County of Los Angeles, and City of Baldwin Park resulting from Annexation No. 2016-32 is approved and accepted. 2. The District does not currently receive any portion of ad valorem property tax revenue for the purpose of financing the mosquito and vector control services provided by the District; such services are presently financed through a benefit assessment assessed against each assessable parcel of property located within the boundaries of the District. The District will seek to have its benefit assessment extended to the annexed territories to pay for the services to be provided by the District in those areas. Therefore, Zero Percent (0%) of the annual property tax growth shall be transferred to the District as a result of Annexation No. 2016-32 to the District. 3. There shall be no additional transfer of property taxes as a result of Annexation No. 2016-32. Joint Resolution San Gabriel Valley Mosquito and Vector Control District Annexation No. 2016-32 Page 2 of 4 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: San Gabriel Valley Mosquito and Vector Control District ATTEST: Secretary Date Signature Print Name and Title (Signed in Counterpart) Joint Resolution San Gabriel Valley Mosquito and Vector Control District Annexation No. 2016-32 Page 3 of 4 The foregoing resolution was on the day of , 20 , adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Deputy LORI GLASGOW, Executive Officer Clerk of the Board of Supervisors of the County of Los Angeles M (Signed in Counterpart) Deputy Joint Resolution San Gabriel Valley Mosquito and Vector Control District Annexation No. 2016-32 Page 4 of 4 PASSED, APPROVED AND ADOPTED this day of , 20 by the following vote: AYES: NOES:. ABSENT: ABSTAIN: ATTEST: Alejandra Avila, City Clerk Date Signature Manuel Lozano, Mayor (Signed in Counterpart) City of Baldwin Park STAFF REPORT ..--° W -,. TO: '0 HUB of d. THE SAN GABRIEL i� VALLEY ► 9 L / DATE: ITEM NO. Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Officer Al April 19, 2017 SUBJECT: APPROVE AND ADOPT A RESOLUTION SUPPORTING "WOMEN AND GIRLS IN SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS (STEM)" WEEK SUMMARY This report seeks City Council approval and adoption of a resolution to support April 2 through April 8, 2017 as Women and Girls in Science, Technology, Engineering and Mathematics (STEM) Week. FISCAL IMPACT None by this action. RECOMMENDATION Staff recommends that Council approve and adopt Resolution No. 2017-185, entitled "A Resolution of the City Council of the City of Baldwin Park supporting April 2, 2017 through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and Mathematics (STEM)" Week. BACKGROUND On February 23, 2017, the State of California Assembly adopted a Resolution to designate the week of April 2 through April 8, 2017, at Women and Girls in Science, Technology, Engineering and Mathematics (STEM) Week. This Resolution is meant to bring more awareness to the opportunities and disparity between genders in the fields of Science, Technology, Engineering and Mathematics. The City of Baldwin Park wished to acknowledge and recognize the importance of promoting women and girls in the fields by approving a Resolution. LEGAL REVIEW This report and Resolution has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to receive and file this report. ATTACHMENTS Resolution No. 2016-185 supporting April 2 through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and Mathematics (STEM) Week." RESOLUTION NO. 2017-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF CALIFORNIA WOMEN AND GIRLS IN STEM WEEK WHEREAS, Science, Technology, Engineering, and Mathematics (STEM) are critical fields for the success of California's economy; and WHEREAS, Many of the fastest growing occupations in the United States require some form of expertise in the areas of STEM; and WHEREAS, STEM careers represent some of the highest -paying positions in any field, thereby providing desirable career opportunities and real pathways out of poverty; and WHEREAS, Preparing students for the STEM workforce is essential to fulfill the demands of our 21St century, innovation -focused economy; and WHEREAS, A significant gender gap exists in the participation of STEM disciplines and workforce; and WHEREAS, Women earn nearly 60 percent of bachelor's degrees, but are underrepresented in STEM -related college degrees, especially in the computer sciences and engineering fields; and WHEREAS, According to the Census Bureau, while women make up nearly one- half of the working population, they only represent 26 percent of the STEM workforce; and WHEREAS, Women represent 34 percent of computer occupations in 1990, but that number declined to 27 percent by 2011; and WHEREAS, Women in STEM professions earn one-third more than women in non -STEM -related occupations; and Resolution No. 2017-185 Page 2 WHEREAS, In California the gender disparities among STEM fields are similar if not more pronounced. Only 15 percent of engineering graduates in California are women and only 15 percent of engineers in the workforce are women; and WHEREAS, Despite underrepresentation in the STEM fields, there are many California female leaders who represent the STEM community and serve as role models for young girls preparing for STEM careers; and WHEREAS, Today's women leaders in STEM stand on the shoulders of innovators that came before them, such as Grace Murray Hopper, a pioneer in her field who is credited for inventing the first computer language compiler; NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Baldwin Park as follows: 1. That the City Council hereby encourages all citizens and community organizations to support the observance of California Women and Girls in STEM Week by encouraging and celebrating women in the STEM fields; 2. That the City Council declares April 2 — 8, 2017, inclusive, as Women and Girls in STEM Week; 3. That the City Clerk transmits copies of this resolution to the author for appropriate distribution. PASSED, APPROVED, AND ADOPTED this 19th day of April, 2017. I, the undersigned, hereby certify that the foregoing Resolution Number 2017-185 was duly adopted by the City Council following a roll call vote: MANUEL LOZANO MAYOR Resolution No. 2017-185 Page 3 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. 2017-185 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on April 19, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM # STAFF REPORT op�LD TO: Honorable Mayor and City Councilmembers "s OF %'T, FROM: Amy L. Harbin, AICP, City i lane . -- ria .M..pvy Abraham Tellez, Associate Planner s ,o 6RI w VALLE �' ' DATE: April 19, 2017 -- SUBJECT: A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT THAT WOULD MODIFY SECTION 153.170.105(H) ELIMINATING LANGUAGE TO ALLOW ALL NEW BILLBOARDS TO BE NO TALLER THAN 65 FEET IN HEIGHT REGARDLESS OF PROXIMITY TO A SOUND WALL AND A DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION OF ONE DOUBLE-FACED, DIGITAL, BILLBOARD (LOCATION: 1919 PUENTE AVENUE; APPLICANT: BECKER BOARDS SMALL, LLC; CASE NUMBERS: AZC-185 AND DA 16-01). SUMMARY This report requests that the City Council approve the following: 1) Initial Study and Mitigated Negative Declaration of Environmental Impact; and 2) Amendment to the City's Municipal Code, Section 153.170.105(H) eliminating language to allow all new billboards to be no taller than 65 feet in height regardless of proximity to a sound wall; and 3) An agreement between the City and Becker Boards Small, LLC to allow the installation of one double-faced, digital, billboard structure in return for various mitigation fees paid to the City. FISCAL IMPACT There will be an increase in general fund revenues should this project be approved. The Developer shall pay an annual development fee to the City of Seventy -Two Thousand Dollars ($72,000) per year. Please see Development Agreement Terms of Attachment #1 of this staff report for specifics. RECOMMENDATION Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing: 1) Adopt Resolution 2017-180 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT (1) THE MITIGATED April 19, 2017 Page 1° NEGATIVE DECLARATION •O 1 IMPACT AMENDMENT ! THE MUNICIPAL•! TO DEVELOPMENT STANDARDS R BILLBOARD D A DEVELOPMENT AGREEM1 •' THE CONSTRUCTION OF A NEW DIGITAL BILLBOARD • '. • PUENTE . (LOCATIONS: CITYWIDE 1919 PUENTE . . 8558-033-005; APPLICANT: BECKER • ' It NUMBERS: , 1 DA 16-01) SECTION2) Introduce for first reading, by title only and waive further reading, Ordinance 1398, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING 153.170.105(H) TO THE BALDWIN PARK MUNICIPAL , RELATING BILLBOARDS" Introduce 1reading,1 only and waive further reading, ! 14 d, "AN ORDINANCE CITY COUNCIL OF THE CITY OF BALDWIN PARK 4` AUTHORIZING PARK ENTER INTO A DEVELOPMENT AGREEMENT WITH BECKER BOARDS SMALL, LLC FOR THE APPROVAL OF A NEW DIGITAL BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 1919 PUENTE AVENUE ALONG THE 0 FREEWAY BALDWIN ' z ♦... In accordance with the provisions of the California Enviromnent Quality Act (CEQA), it has been detennined the proposed project will not have a significant impact on the envirom-nent and an Initial Study/Draft Mitigated Negative Declaration of Envirom-nental Impact has been prepared (Attachment 2). The Initial Study was prepared by T&B Planning, Inc. and has completed the public review period which took place from February 10, 2017 to March 13, 2017. The Notice of Intent inviting public comment on the Initial Study/Mitigated Negative Declaration of Environmental Impact was posted at the Los Angeles County Clerk's Office, the City's website, City Hall, and the Esther Snyder Community Center. The public review period closed with no responses from the public. The California Department of Transportation (Caltrans) responded with a letter of acknowledgement dated February 28, 2017 indicating that the applicant is also required '.. • obtain permits from Additionally, a Notice of Public Hearing for this proposed code amendment was posted at the Project Site, City Hall, Baldwin Park Community Center, and Barnes Park on April 6, G: A8RAHAM\Entitl9ments\AZC-185 DA 16-01 1919 Puente Avenue\Staff Reports - Resolution - Ordinance\AZC-185 and DA 16-01 1919 Puente Ave CC Staff Report,doc AZC- 18 5 and DA 16-01 April 19, 2017 Pav,e 3 2017. The Public Hearing Notices were mailed to adjacent property owners within 300 feet of each Project Site on April 4, 2017. stau'Ecr PROPERTV &..5,11,11M)UNDING LAND US�; The Development Agreement (DA 16-01) will allow for the installation of one new digital billboard advertising structure to be located at 1919 Puente Avenue (Laidlaw Harley Davidson), south of the 1-10, San Bernardino Freeway. The exact placement of the digital billboard will be at the western -most comer of the Laidlaw Harley Davidson property. The new advertising structure will contain two (2) sign faces. M I i MY I ill !I i I i I I ill I li _111 1.1 TABLE#1 ADJACENT LAND USES BACKGROUND/DISCUSSION A billboard is a large (typically 14' feet in height by 48' in length) off-site advertising sign that advertises an event, product, service, or use not generally found on-site or provides public information. In 1999, the City approved a zone change to allow for the creation of an Outdoor Advertising Display District ("0" Overlay) along a segment of the 1-10 and 1-605 freeways in order to permit the construction of new billboards. However, in June 2003, the City adopted Ordinance 1204 (AZC-148) which prohibited the issuance of any entitlement or permit for any type of billboard within the City of Baldwin Park. The Ordinance eliminated the "0" Overlay zoning designation and eliminated development standards that did apply to any new outdoor advertising structure. The Comprehensive Zoning Code Update adopted in 2012, did not modify the development standards related to billboards (off-site advertising structures). In July 2013, the City approved a Code Amendment (AZC-173) which included development standards relating to digital billboards. New Development Standards included: (1) Caltrans approval for any conversion of static faced billboards to digital faced billboards; (2) enter into an agreement with the City. The property owner must also enter into an agreement with the City relating to removal of a digital billboard; (3) a billboard structure shall not have more than two (2) display faces and shall not exceed 45 feet from the highway; (4) brightness levels; (5) removal of existing billboard structures; and (6) transition time between digital displays. G:\Al3RAHAMkEntitlements\AZC-1 85 DA 16-01 1919 Puente AvenuekStaff Reports - Resolution - OrdinanceXAM-1 85 and DA 16-01 1919 Puente Ave CC Staff Report doc AZC- 18 5 and DA 16-01 April 19, 2017 Page 4 Approval • these development standards resulted in the eventual approval • a Billboard Removal and Reconstruction Agreement to allow for the conversion of existing static faced structures located within the Cloverleaf Industrial Park with newer, updated digital -faced technology. This agreement also included the removal of existing static faced signs within the • limits • the City. In December 2016, the City Council approved an ordinance that would •• the development standards to allow the construction of additional digital and static billboards. The • • additional billboards -• development agreements that allow the City more flexibility to negotiate other benefits from billboari companies, including but not limited to new park signs, landscaping, and provide mitigation fees • • benefits the City needs. L)i,g ,ital, 1,jbot'ird 51ructures Digital billboard facings are an emerging media type that consists of a display surface with light emitting diodes (LEDs) generating an image. The images are changed remotely via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, digital advertising messages from • rotate continuously, with each • image on display for .► four to eight seconds, .• billboard • to sell the same .• face •- times. Digital billboards allow advertisers to change messages throughout the course of a •. Images can • scheduled to run at certain times of the day, on particular days of the week or even on specific billboards within a network. Digital billboards are • used in • traffic areas, where advertisers are willing to pay more for the use of the billboard and thus the LED displays generate substantially more revenue than a comparable traditional billboard. • the LED display technology • for scrolling, flashing • motion • • images on digital billboards are generally prohibited by current Federal, State, and/or local regulations, due to traffic safety concerns. The proposed Baldwin Park Ordinance prohibits moving images on digital billboards. LED displays are equipped with sensors that automatically modify the brightness of the sign in response to ambient lighting conditions. During the day, the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display will be automatically dimmed to reduce glare. There are a variety of Federal, State, and local provisions that regulate billboards and digital billboards. For example, Caltrans limits location of static billboards to no less than 500 feet between billboards, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet • the same side • the freeway. I U grei Igm Amendment to the Zoni n -C The proposed ordinance (Attachment #6) will apply to new static or digital -faced billboards that are • can be located within 200 feet • the Interstate Freeway and that comply with all the proposed development standards contained in the proposed ordinance as well as Federal G:\ABRAHAM\EntitlementMZC-185 DA 16-01 1919 Puente Avenue\Staff Reports - Resolution - OrdinancMAZC-1 85 and DA 16-01 1919 Puente Ave CC Staff Report,doc April 19, 2017 Page 5 . and State regulations. The proposed amendment modifies Section 153.170.105(H) eliminatinigq language to allow all new billboards to be no taller than 65 feet in height regardless of proximity to a sound wall. The current Ordinance allows for a maximum height of 65 feet only if the billboard is located within 150 feet of a sound wall. Otherwise, the maximum height is 45 feet. In order for a billboard to be constructed, the City Council must approve a Development Agreement, which can have more restrictions and requirements imposed onto the billboard company. Although billboards can provide a reliable means of advertising, they also can be detrimental to aesthetics and welfare of the community. Implementation of the proposed ordinance will only modify the language of Section 153.170.105(H) as described above, leaving all other development standards in full force and effect, which allows the City to maintain its local land use control and its ability to disapprove, deny, or modify poorly executed billboard proposals. Jk tgl,,4&Te�� :171 osed Billboard The submitted application and plans propose to build one (1) new billboard structure with two digital faces. The proposed design is as shown in Attachment #4. The new sign faces are proposed to be 48 feet in width by 14 feet in height, with an additional 3 -foot apron at the bottom of each sign. The maximum allowable height of the proposed billboard, pursuant to the proposed Ordinance is 65 feet, measured from the grade of the freeway from which the advertising is to be viewed. Dei,e&)L)Tiq In return for the approval for Becker Boards Small, LLC to build one (1) new billboard structure, which includes a maximum of two (2) digital faces, the applicant has offered to enter int* an agreement with the City wherein the applicant would agree to terms summarized below (see Attachment # 1 for all terms): 1) The term of the agreement shall remain in full force and effect until the earlier of. (i) (a) twenty-five (25) years after the date the City finals the construction of the Billboard (the "Term Commencement Date") or (b) twenty-five years plus ninety (90) days after Developer receives the Final Permits, as defined in the agreement, or (ii) the permanent removal of the Billboard constructed pursuant to the terms of the agreement; 2) The Developer shall pay an annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI -U (Consumer Price Index for All Urban Consumers) over the immediately preceding five (5) year period calculated as set forth in Section 2.4 of the Development Agreement; 3) Should the Developer enter into any agreement for a cellular antenna or other electrical devise affixed to the structure, such cellular antenna shall entitle the City to a fixef facility fee that will not be less than 10% of any monthly or yearly revenue or any revenue earned by any cellular antenna. GAABRAHAMEntitlernentAAM-185 DA 16-01 1919 Puente Avenue\Staff Reports -Resolution - Ordinanre\AZC-185 and DA 16-01 1919 Puente Ave CC Staff Report, doe w RIMIKON April 19, 2017 .' . Developer . not any of _ displays on Billboard to advertise tobacco, 1 ►. o products includingbut f `f to vape devises,aa clubs," adult entertainment businesses, sexually oriented or use sexually oriented images or language. Pro "sed r°rr?&:6 n oJ�a�rr'r�jacr1 After the Planning Commission hearing on March 22, 2017, staff worked with the City Attorney to draft a condition to be added to Draft Ordinance 1399 (see Attachment #7 below). The proposed condition shall read: "Applicantf `d ► ►i survey prepared `r engineer identifying the distance between the proposed billboard structure at 14230 Dalewood Street and 1919 Puente Avenue which shall comply with the State of California Outdoor Advertising Act development standardsd the Applicant agrees that their proposed f u Puente Ave be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from the proposed sign at 14203 Dalewood as previously approved ► Aby ► subsequently approved ► on ► ► •. FINDINGS OF FACT—AMENDMENT amendment1) The consistentI. ► . ►♦ • . .i Plan.r The proposed ! . ". construction throughDevelopment Agreement) of new digital- and static -faced billboard structures, which will, paymentof ga► fees, increase DevelopmentCity's revenue base consistent with Goal 1.0 of the Economic The proposed ►► `, •ment will not adversely affect surrounding properties as development standards exist within the code to mitigate any potential ► ambient resulting digital billboards. As amended the Code will not be detrimental to the public health, safety a • general welfare of the community.► ►►►.:`f Code Amendment modifywill ` total allowable height t► . maximum of 65 feetfor digital and static faced billboards regardless of proximity to a freeway sound Billboardsrequire i approval of Development GAABRAHAM1EntitlementstAZC-165 DA 16-01 1919 Puente AvenuMStaff Reports - Resolution - Ordinance\AZC-1 85 and DA 16-01 1919 Puente Ave CC Staff Report doc AZC- 185 and DA 16-01 April 19, 2017 Page 7 Agreement. The terms of the Development Agreement may include space granted to the City for public service announcements and monetary payments, which may be utilized for various aesthetic community benefits, including landscaping. Provided that the Code is amended as proposed herein, said amendment will serve the goals and purposes of the Zoning Code in that the proposed amendment specifically regulates the use of land relating to billboards within the city in an orderly manner and in tum, 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 relating to digital- and static- faced billboard uses. FINDINGS OF FACT—DEVELOPMENT AGREEMENT 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the I- 10, San Bernardino Freeway in the Dalewood/Puente/1-10 General Plan Focus Area (Figure General Plan Land Use Element). The focus area is identified for larger scale commercial development. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within commercial areas adjacent to freeways and would not conflict with future or existing larger scale commercial development. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the roi;roject site's land use district and zone. The project site is zoned FC, Commercial" General Plan Land Use Designation. Furthermore, the r,froperty and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. G:\ABRAHAM\EntitlernentsI,AZC-1 85 DA 16-01 1919 Puente Avenue\Staff Reports - Resolution - CrrdinancelAZCA 85 and DA 16-01 1919 Puente Ave CC Staff Report doc AZC- 18 5 and DA 16-01 April 19, 2017 PaRze 8 As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Freeway Commercial (FQ and is developed with a commercial use (motorcycle dealer) that is consistent with the zone. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non-residential uses. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #1) is consistent with California Government Code Sections 65864-65869.5. PLANNING COMMISSION ACTION The Planning Commission voted 4-0 recommending the City Council approve the proposed Code Amendment and Development Agreement at their meeting on March 22, 2017. 11'�EGAL RVT'1EV' M This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Should the City Council elect not to approve the Municipal Code (Zoning) Amendment and Development Agreement, the City would not receive the general fund benefits as noted on Page 5 of this staff report. ATTACHMENTS 0-1, Development Agreement "2, Initial Study & Mitigated Negative Declaration 03, Application Forms & Statements 44, Exhibit "A" Billboard Design and Plans PTA, URMITA. WABRAHAMEntitlements\AM-185 DA 16-01 1919 Puente Avenue\Staff Reports -Resolution - Ordinance\AZC-185 and DA 16-01 1919 Puente Ave CC Staff Report doc LIN ♦ S, I . ImIll MI! llzl- i DEVELOPME NT AGREEMEN r r OWN • tym-Mll When Recorded Return to: CITY OF BALDWIN PA -MA 14403 Pacific Ave Baldwin Park, CA 91706 Attn: City Clerk [Exempt From Recording Fee Per Gov. Code §6103] This Development Agreement ("Agreement") is entered into this the day of - " --- 2017, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("City") and LAI LA B.P. ASSOCIATES, L.L.C., a California limited liability company, ("Owner") and BECKER BOARDS SMALL, L.L.C., an Arizona limited liability company ("Developer"). RECITALS A. California Government Code Sections 65864, et D" Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Developer has a leasehold interest to that certain portion of real property, located at 1919 Puente Ave, Baldwin Park, Los Angeles County, in the City of Baldwin Park, Assessor Parcel Number 8558-033-005, as more specifically described in Exhibit "A"' and depicted on Exhil)iI "B" attached hereto and incorporated herein (collectively, the "Site"). C. Developer seeks to install a maximum of one (1), 65 foot tall, dual -sided digital billboard (the "Billboard"), each face measuring 14' x 48' pursuant to the terms of this Agreement. D. Owner is the owner of the Site and has consented to the application for this Development Agreement and Developer, as the exclusive lessee of the applicable portions of the Site for outdoor advertising purposes, has a legal and/or equitable interest in the Site pursuant to its lease (the "Lease") with Owner, and thus Developer qualifies to enter into this Agreement in accordance with Development Agreement Law. E. In exchange for the approvals sought to install the Digital Billboard, Developer has offered to: I Pay to the City an annual Development Fee as defined and provided in Sections 2.6 and 2.7 below for the cost to the City to mitigate the impacts of the 1=114 USTM MI, F. Developer and City agree that a development agreement should be approved and adopted to memorialize the property expectations of City and Developer as more particularly described herein. G. City staff gave the Billboard a "negative declaration" pursuant to the provisions of the California Envirom-nental Quality Act ("CEQA"). H. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives including utilizing the Site for a revenue -generating use. 1. On 201_ (the "City Approval Date"), the City Council held first reading of Ordinance No. (the "Approval Ordinance"), thereby approving this Agreement and the Digital Billboard as described herein. J. City finds and determines that all actions required of City and the City Council precedent to approval of this Agreement by the Approval Ordinance have been duly and regularly t.9ken. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: i V IIN_310*1_[Ile 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.2 "City" means the City of Baldwin Park, a California Municipal Corporation and a general law city. 1.1.3 "City Council" means the City Council of the City, 1.1.4 "Development Approvals" means the approved Development, based on thr. approval of the City Council, as further described in the Recitals and defined in Section 3.3 Iterein. 1.1.5 "Effective Date" means 201_, the date that 30 days following the Approval Date, provided the Agreement is signed by the Developer and City, 111111 1�p�iippiilll 1111111!1�iplii 111! 0�4 � 1.1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Digital Billboard at the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable. 1.1.9 "Project" means the installation, operation and maintenance of the Digital Billboard on the Site, all in accordance with the Development Approvals and this Agreement and all the conditions of approval per the Approval Ordinance. 1.1.10 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) governing the development and use of the Digital Billboard. 1.1.11 "Term" shall have the meaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 2.1 Binding Effect of Agreement. From and following the Effective Date, actions by thM City and Developer with respect to the Project, including actions by the City on applications fca Subsequent Development Approvals affecting the Site, shall be subject to the terms and provisions this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed modify or amend the Lease, or any of Developer's obligations thereunder. 2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Law. Additionally, prior to the execution of this Agreement, Owner has provided City with a letter confirming the Lease between the Owner and Weveloper. If the Lease is prematurely terminated, then Developer shall have no fartha- obligations under this Agreement with respect to that site and Owner will assume Developer's obligations. 2.3 Assignment Developer may not assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent. Any transfer to any other person, firm, or entity, or to an entity must demonstrate positive experience operating billboards similar to the Project at issue, adequate financial resources and similar expertise in securing advertisers for billboards similar to the Project. Developer shall notify City of any such proposed assignment and provide �6041 2.3 for any such transfer. Any transfer must meet the requirements of this Section 2.3 and shall be subject to the approval of the City Council. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement, which have been assigned ortransferred. 2.4 Term of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of. (i) twenty-five (25) years after the date the City finals the construction of the Billboard (the "Term Commencement Date"), or (b) twenty-five years plus ninety (90) days after Developer receives the Final Permits, as defined in Section 2.5 below, or (ii) the permanent removal of the Billboard constructed pursuant to the terms hereof. Upon the expiration of the then current term, the parties may extend the term, subject to negotiation of an mutually acceptable escalator of the Development Fee, based on then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations. The Agreement terminates on its own terms if the parties cannot reach an extension of the Agreement. If no extension of this Agreement is agreed to, then the Developer may no longer be allowed to use digital displays on the Billboard and it must be removed at no expense to the City. 2.5 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee paid by Developer to City would adequately mitigate all such potential impacts. The parties therefore agree that Developer shall pay an annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI -U over the immediately preceding five (5) year period calculated as set forth in Section 2.4. The Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable. 2.6 Fixed Facility Fee: Should Developer enter into any agreement for a cellular antenna or other electrical devise affixed to the structure, and such cellular antenna shall entitle the City to a fixed facility fee that will not less than 10% of any monthly or yearly revenue or any revenue earned by any cellular antenna. 2.7 Prohibited Use. Developer shall not utilize any of the displays on the Billboard to advertise tobacco, or tobacco products including but not limited to vape devises, marijuana, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language. I 111! 11 1,1111 IF1•111`11 Ili J�Z � " 1� � 1,11 3.1 Rights to Develop Digital Billboard on the Site. Subject to and during the Term of this Agreement, Developer shall develop the Project on the Site in accordance with, and to the extent of, the Development Approvals, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Site, the density and intensity of use of the Site. The maximum height an4 size of proposed structures, and the design, and improvement and construction standards an4 specifications applicable to development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section 1. 1. 7, which are in full force and effect as of the Effective Date of this Agreement, or whenever the code amendment becomes effective, subject to the terms of this Agreement. 3.3 Development Approvals. Developer shall, at its own expense and befo - commencement of demolition, construction or development of any structures or other work improvement upon the Site, secure or cause to be secured all necessary Development Approval which shall include any and all permits and approvals which may be required by City or any oth governmental agency or utility affected by such construction, development or work to be performes by Developer, including but not limited to, necessary building permits and all approvals require under the California Environmental Quality Act ("CEQA"), although the Project will be processel as having a "negative declaration" under CEQA. Not by way of limiting the foregoing, in developin- and constructing the Project, Developer shall comply with all (1) applicable development standar in City's Municipal Code, (2) applicable NPDES requirements pertaining to the Project, (3) a applicable building codes and zoning codes, except as may be permitted through approved varianc, and modifications. Developer shall pay all normal and customary fees, charges and developme impact fees applicable to such permits, and any fees and charges hereafter imposed by City il connection with the Project, which are standard and uniformly applied to similar projects in the C1 Nothing contained in this Agreement shall be deemed to impose any obligation on Owner wi respect to the Development Approvals or the Project approvals. 3.4 Timing of Project. Developer shall commence (the "Commencement" or "Commence") the Project as soon as commercially practicable. Developer shall cause the Commencement of construction or improvements under the building permit for the construction of the Digital Billboard on the Site as soon as commercially practicable following Developer's receipt of Development Approvals. In the event that Developer fails to Commencement the Project in a timely manner, and after compliance with Section 5.3, either party hereto may seek to terminate this cure within 30 days the applicable time periods, either party may seek termination of t Agreement e as set forth+ • in the event that this Agreement is appropriately termin+ •i neither party shallhave obligation h. •. However, scope of Section 9.10 delay the Commencement or completion of the Project, it would n constitute grounds for any termination rights found within this Agreement. In such case, t timeline to commence or complete the relevant task shall be extended in the manner set forth Section 9.10. Notwithstanding the above, Developer shall, at all times, comply with all oth obligations set f. regarding construction of the Project on Developer shall also maintain the Billboard at all times during the Term in good condition repair. 3.5 Changes and Amendments. Developer . determine that changes to Development Approvals are appropriate and desirable. In the event Developer makes such effectuate such change(s), provided that the City may request written consent from Owner if t modification is deemed material. The Parties acknowledge that City shall be permitted to use i inherent land use authority in deciding whether to approve or deny any such amendment reque provided, however, that in exercising the foregoing the City shall use reasonable discretion shall not apply a standard different than that used in evaluating requests of other billbo developers. + ♦ ♦ circumstance shallbe obligated in any . appro any amendment to the Development Approvals. The City Manager shall be authorized to appro any non -material amendment which does not adversely impact and/or diminish Developer andJ Owner's rights as provided hereunder and does not affect and/or block the visibility or accessibili of the Billboard any ♦ the Developmentf1 i . • processing an amendment Agreement.this All other amendments, f approval of the City Council. herein shall cause Developer to be in default if it upgrades the digital display installed pursuant this Agreement during the term (as the same may be extended) to incorporate newer technolo and/or to replace the same, provided that such upgrades and/or replacements are consistent with t Municipal Code, all Baldwin Park zoning ordinances, Land Use Regulations and the Subseque, Land Use Regulations. 3.6 Reservation of AuthoriVJ 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of i (a) Processing current fees and current charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Ifoevelopment Approvals. (b) Procedural regulations consistent with this Agreement relating to hearing records- hearing- re; uorts, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) All versions and changes of the Building Code as of the date this Development Agreement is signed and changes adopted by the International Conference♦ f Building Officials, or other similar body, as part of the then most current versions of the Uniforrn BuildingCode, Uniform Fire Code, Uniform PlumbingCode, impactsCode, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially performance hereunder, developer Agreement • ninety • days prior written (d) Regulations that are not in conflict with the Development Approvals or this Agreement. (e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such vegulations to development of the Project. Applicable Federal,County,• .nil regulations which City is required to enforce as against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses. 3.6.2 Future Discretion of City. This Agreement shall not prevent City fr• denying or conditionally approving any application for a Subsequent Development Approval on the basis of ♦ Use Regulations. r.3 Modification or Suspension by t, Jurisdictional Law. In the event that applicable federal, State, County, or multi- jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary ♦ comply with such federal,• or • ♦ or regulations,this .. remain♦; - and effect to the extent it is not inconsistent with such laws 3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconfon-ning use. To the extent such other public agencies preclude development or maintenance of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, action by another public agency. . • i` or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.8 Public Improvements. Notwithstanding any provision herein to the contrary, the City shall retain the right to condition any subsequent Development Approvals to require Developer to pay any required development fees, including but not limited to any all Development Impacl Fees and/or ! construct the required public infrastructure at such time as City shall determine. 3.9 Fees, Taxes and Assessments. This Agreement shall not prohibit the application of customary fees, taxes or assessments upon the Site and/or the Billboard or Developer. Notwithstanding anything to the contrary herein, if there is a change is such fees to those charges as of ! hereof any additional fees are charged and such additional or . ..! fees materially change Developer's costs or otherwise materially impacts its, performance hereunder or if new rules or regulations. i. Developer's ability to perform Agreement, Developer may terminate this Agreement •1 • days prior Memoval by Developer. Developer has the right to negotiate an extension of the Term as ?n amendment to this Agreement. If the City and Developer do not agree on terms for the extension of the then remaining Term (as the same may be extended) the digital displays *f the Billboard will • ` removed by ` ! f - Annual4.1 City's Right to Removal. Provided Developer is not in material breach hereof past any applicable notice and cure period, City will not have the right to remove the Billboard or in any way limit the access or visibility of the Billboard in any way. Should such a breach by Developer occur, the City is authorized to request the removal of the digital displays on the Billboard within ninety (90) days of City's notice to Developer of such breach and the Developer fails to cure such breach or commence to cure such breach. 5.1 Review.- this Agreement annually updatesof this Agreement, (2) any i Developer's contact f' + related to complaints concerning• f a 1 31,� status and amountof •. f• ga l ii under this Agreement for the year in question and cumulatively beginning from the Commencement of the Project any easement or lease changes. f f in any way impactmaterially " City or the obligations f`Agreement,+ utility changes that could in any way materially impact the City or the obligations under this Agreement, and (6) any + + issues needing1' be addressed. 5.2 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes havenot been accordance i explain the basis for assertion, and to receive from the other party's justification of its position on such matters. If, on the basis of +reviewoanyf . Agreement, either party concludes • + other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such non- compliance. The party receiving a Notice of Non -Compliance, except for graffiti on the structure, shall have days to cure or 1 f i. . identified in the Noticeof Non - Compliance.. party receiving the Notice of • . does notbelieve it is out 1 compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten days afterii of the Notice.. response to the Notice of Non-Compliancehas fi been received in the offices of the party alleging the non-compliance within the prescribed time [�,eriod, the Notice of Non -Compliance shall be conclusively presumed to be valid. If a Notice of Non -Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning. Notice. In the eventcureor . f not . 1 Noticethe contested and the parties are f. able to arrive at a mutually acceptable resolution of by • of • fifteenday period, party alleging the non-compliance may thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force majeure" event as defined and subject to the provisions of, Section • All . on the structure must be removed days.within 5 Compliance.5.3 Certificate of Agreement f 1 of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council, that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder.. l 01 go W41l iG i7�� 1 IX1042 /! Oi71=1 6.1 Termination of Agreement. i,. 1. 1 Termination of Agreement for bilateral ,r� discretion, may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") beyond the applicable notice and cure period set forth in Subsection 6.1.2 below; provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.2. In the event of a termination by City under this Section 6.1.1, Developer acknowledges and agrees that City may retain all fees accrued up to the date of the tennination. 6.1.2 Material Default of City. Developer, in its discretion, may terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 5.2. 6.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, (iii) Developer's obligation to remove the digital displays pursuant to Section 4.1 or (iv) any continuing obligations to indemnify other parties. 7.1 Insurance. wmmmr-,, (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional named insured, and Developer comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of Section 7.2. Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least One Million Dollars ($1,000,000) for bodily injury or death to any one person, at least One Million Dollars ($1,000,000) for any one accident or occurrence, and at least One Million Dollars ($ 1,000,000) for property damage. Developer shall also famish or cause to be famished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer during the same time periods. . (b) Worker 's Compensation. Developer shall also furnish or cause to be famished to City evidence that any contractor with whom Developer has contracted for the performance of mry—o tyk--f required by law. (c) Insurance Policy . All insurance policiesrequired by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such s be # . . ! . • shall contain language, to the extent obtainable, that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially . f except after written• by the insurer toCityor designated insuredrepresentative as expeditiously as insurance company agrees to provide notice. Developer shall famish City with certificates evidencing the insurance City shall be named as an additional on all liabilitypolicies of .f f to be procured by 7.1.2 Failure / Maintain Insurance and ProofCompliance. Developer deliver to City, in the manner required for notices, copies of certificates of all insurance policil required ! • . policy within the following time limits: (1) For insurance required above, within seven (7) days after the Effective Date. (2) The City can request • .. updated copiesthe current certificates of all insurance policies required. The City reserves the right to obtain copies of the entire insurance policy, including muO-orsements. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to farnish City with required proof that the insurance has been procured and is in force and paid for, , the City will provide a cure period of 30 days and after such period, any such refusal shall be a default hereunder. 7.2 Indemnification. Developer7.2.1 General. !• and its officers,• • agents against, • will hold and save them and each of ! and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the CEQA the billboard structure, advertisements, displays, digital board, any required approvals, any required permits, work, operations, or any activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, related to the Project. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. To this end: Developer will defef and hold the City harmlessregarding aril indemnification provisions herein and will pay all costs and expenses, including legal costs ariM ?ttomeys' fees incurred in connection therewith, which attorneys will be the attorneys hired by 11 Insurance company where, a applies. Exceptions.(b) Developer will promptly pay any judgment rendered against the City or its respective officers, agents, or employees for any claims filed against the City related to this Project, its permits, its required approvals, CEQA issues, and such claims or liabilities arising out of or in connection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City and its officers, agents, and employees harmless therefrom. • foregoing indemnity• • f` claims or sf arising from • or willful misconductof officers, agents, or employee • are directly responsible for Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer; (2) Any failure of Developer to comply with performance of all of the provisions of this Agreement; delays, -s or other damages `1 by any hazardousparty as a result of any subsurface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, , -hydrocarbons, a. Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or representatives are the sole cause of such in ury or damage when accessing the Site, (ii) to the extent covered in any permit to enter executed by the City, or (iii) a negligent •- or or omissions of i • -- officials, 7.2 shall begin uponDate and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination. 7.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or .. to recover from the otheragents, servants, or employees, for any lossor respectdamage to it or to any person or property relating to this Project, except as specifically providet hereunder which include but is not limited to, a claim or liability arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with ! the Site.acknowledges lendersproviding such fina.f . certain Agreement interpretations and modifications and City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such- i . ! or # . !n is consistent with the intent and purposes of NeitherAgreement and consistent with all City Codes, City policies, Ordinances, and Zoning laws. Any Mortgagee of the Site shall be entitled to the following rights and privileges: entering! this Agreementnor a breach shall defeat, render invalid, diminish or impair the lien of any mortgage on the Proje or Site made in good faith and for value, unless otherwise required by law. i (b) The Mortgagee of any mortgage or deed of trust encumbering ti Project or Site, or any part thereof, which Mortgagee has submitted a request writing to the City in the manner specified herein for giving notices, shall be entitl to receive written notification from City of any default by Developer in t performance of Developer's obligations under this Agreement. (c) If City timely receives a request # a Mortgagee requesting a I of any notice of default given to Developer under the terms of this Agreement, Ci shall make a good faith effort to provide a copy of that notice to the Mortgagee wit ten (10) days of sending the notice of default to Developer. The Mortgagee shall h the right, but not the obligation, to cure the default during the period that is the long of (i) the remaining cure period allowed such party under this Agreement, or (ii) six !' days. (d) Any Mortgagee who comes into possession of the Project or Site, Jr. any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed lieu of such foreclosure, shall take the Project or Site, or part thereof subject to terms of Agreement. ! . f any other provision of Agreement] the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any vinant to be a covenant by City, the performance thereof shall continue to be a condition precedent to performance hereunder,and the event any Mortgagee seeksi, develop or use any portion of the Project or Site acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Approvals applicable to the Project or Site or such pan thereof so acquired by the Mortgagee. parties,9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the Developer within 10 days of execution. Written Amendments approved by the . • any cancellation, shall be similarly recorded. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding •agreementof ` parties with respectto the subjectmatter set forthherein,. • there are o oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any • or .ture to interpret or determine the terms or 1 1' • of agreement supersedes any . • all prior agreements whether oral or in writing. Any amendment signedor modification to this Agreement must be made in writing and of Baldwin Park and the Developer . • the Owner of property. i `. Without on a modification or amendment, the amendment or modification is invalid and has no force or 9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable,aprovision, . or • • i of this Agreement shall be stricken and the remaining portion of *reement shall remainfl and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this agreement, which is to allow the Project to be permitted and operated and to provide the Development Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably b i f `.•, 9.4 Interpretations and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction,to the effect that ambiguities are ti be resolved against the drafting i.rty or ii 9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.6 Singular and Plural. As used herein, the singular of any word includes the plural. 9.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the itparty, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.9 No Third Party Beneficiaries. This Agreement is made and entered into for the solq protection and benefit for the Parties and the Owners, as well as their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10 Force Majeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event. 9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitei thereby of the covenants to be performed hereunder by such benefited party. 9.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had -Yeciite4. the same instrument. 9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without M"147 =14MXLOEffMOVTArOV4Mffl= 41f ii,'!lli'l�,,!'If'llI.PI'FrormoT4C4-9= 9.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any tenn hereof is void, invalid, or unenforceable. 9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private activity, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement. 9.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or Restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it. 9.18 Amendments in Writing/Cooperation. This Agreement may be amended only by, written consent of both parties specifically approving the amendment and in accordance with the Government Code and Municipal Code provisions for the amendment of development agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non -material modifications may be approved by the City Manager upon approval by the City Attorney. 9.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 9.20 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party: To City: City of Baldwin Park 14403 Pacific Ave. Baldwin Park, CA 91706 Attn: City Manager To Developer: Becker Boards Small, L.L.C. 4350 E. Camelback Rd., Suite B-195 Phoenix, AZ 85018 Attn: Joseph N. White or Mark D. Becker To Owner: Laidlaw B.P. Associates Baldwin Park, CA Attn: Brent Laidlaw 9.21 Non -liability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any 9.22 No Brokers. City, Developer and Owner represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying rtarty to pay any commission or finder's fee. 9.23 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer under the Lease. nereto nave executea MIS Agreement on trie My ano ye first set forth above. i . . . . . . . . ................ . . . . ......... . . . ... . . . ........... �Wlkhqm a XMRM willmol NuMal X6130 I RimpJAZ m M M a EVA -1111 aM oll", I MI AI'IF 'q -M I I I , f# N Of 1NOW I 1911IMMOXOM mi slam Kim N plagralm. mII mim;jgmm ally 14NININN �T-Wlra EXHIBIT B Nrrr� FREE y mm I NO ERS .,e„ Wj' f r r r�rr %//�/�i�f� PI%Pi/I/1"v" "v(f, fglr�rip,'wwW,°,ioll�� rllf�l�u �Y P � �irrryI%�Ilfi'/iP/r i,ri,//%1�:��"=�"w.w;"»G� � r lull �ON e M,ry L'7 JM t/1�11#4E goo �'�� bir �m NS m i P OF Dr / "/ll �% Jr , VFr6'IN aJ� jp��P . R. r N9` i 9 Y r jq r% �"m. / � r r orl ..�% D gr )err n ✓, ,ON 61, ef, All INITIAL STUDY & Initial Stu, dy Mitigated Negative Declaration 1919 Puente Avenue Billboa !;��pa enc City of Baldwin Park Community Development Department 14403 East Pacific Avenue Baldwin Park, CA 91706 pro Becker Boards Small, LLC 4350 East Camelback Road, Suite B-195 Phoenix, AZ 85018 CEQA Consultant T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 Public Review Draft February 10, 2017 00 Mitigated Negative Declaration mmm„ TABLE OF CONTENTS Sectlon NumberMfie 1.0 Introduction ........ ......... ..... ......... Table of Contents Page 1.1 Purpose of this Document---... ..... ............,. 1-1 1.2 CEQA Requirements for Mitigated Negative Declarations(MNDs).................................. 1-1 1.3 Format and Content of this Mitigated Negative Declaration ................... _....... ..,,.............. 1-2 1.4 Preparation and Processing of this Mitigated Negative Declaration .................................. 1-2 2.0 Environmental Setting.................................................................................................................................... 2-1 2.1 Location of the Project Site .,.,, .... ...., ,,,,,,....., ..... 2-1 2.2 CEQA Requirements for Environmental Setting and Baseline Conditions ....................... 2-1 2.3 Existing Site and Area Characteristics........................................................................................ 2-1 2.3.1 Existing Site Conditions... . ....... ....... . .. .... ........ .... - 2-1 2.3.2 Site Access.......................................................................................................................... 2-1 2.3.3 Surrounding Land Uses and Development ... ....................................,,.,..,,................. .2-5 2.4 City Planning Context............................................................. ................................ I...................... 2-5 2.4.1 City of Baldwin Park General Plan..................................................................LL..,..,....,. 2-5 2.4.2 City of Baldwin Park Zoning Designations.................................................................2-5 3.0 Project Description........................................................................................................................................ 3-1 3.1 Project Overview............................................................................................................................. 3-1 3.2 Project Technical / Operational Characteristics.-,.. _ . .......... ................ ... ____ 3-1 3.2.1 Billboard Specifications.................................................................................................... 3-1 3.3 Project Construction Characteristics......................................................................................... 3-1 3.4 Project -Related Approvals............................................................................................................. 3-3 3.4.1 Development Agreement DA 16-01 (City of Baldwin Park) ................................. 3-3 3.4.2 Zone Code Amendment No. 185................................................................................ 3-3 3.4.3 Caltrans Outdoor Advertising (ODA) Display Permit ............................................ 3-4 3.5 Existing Environmental Characteristics...................................................................................... 3-4 3.5.1 Air Quality.......... ___ .............. . ..... .... ........ ................. 3-4 3.5.2 Topography, Geology and Soils..................................................................................... 3-4 3.5.3 Hydrology...........................................................................................................................3-5 3.5.4 Biological Resources........................................................................................................ 3-5 3.5.5 Historical, Archaeological, and Paleontological Resources....................................3-5 3.5.6 Rare and Unique Resources........................................................................................... 3-5 4.0 Project Information........................................................................................................................................4-1 5.0 Environmental Checklist...............................................................................................................................5-1 5.1 Environmental Factors Potentially Affected.............................................................................. 5-1 5.2 Determination....... .... ____ a ....... .......... ____ .............. ....... ........... ,, ,, .,.. , . ,,,,,......,,, 5-1 5.3 City of Baldwin Park Environmental Checklist Summary ...................................................... 5-2 6.0 Environmental Analysis.................................................................................................................................. 6-1 6.1 Evaluation of Environmental Impacts..... ......... ............. ...... 6-1 6.1.1 Aesthetics........................................................................................................................... 6-1 6.1.2 Agriculture and Forestry Resources............................................................................ 6-8 6.1.3 Air Quality........................................................................................................................6-10 6.1.4 Biological Resources...................................................................................................... 6-15 6.1.5 Cultural Resources.........................................................................................................6-17 6.1.6 Geology and Soils...........................................................................................................6-21 6.1.7 Greenhouse Gas Emissions..........................................................................................6-24 6.1.8 Hazards and Hazardous Materials..............................................................................6-27 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 11 ON Mitigated Negative Declaration TABLE OF CONTENTS Table of Contents Section NumberMfie Page 6.1.9 Hydrology and Water Quality.....................................................................................6-30 Table 6-2 6.1.10 Land Use and Planning...................................................................................................6-35 Summary of Operation -Related Emissions..............................................................................6-13 6.1.1 1 Mineral Resources..........................................................................................................6-37 Total Project Greenhouse Gas Emissions...............................................................................6-26 6.1.12 Noise.................................................................................................................................6-38 ....... .............,.6-40 6.1.13 Population and Housing ... ......... _........................ .......... ....... ........,,.....6-42 Lead Agency, 6.1.14 Public Services .............. ......... ... ........................... .. 6-44 6.1.15 Recreation ....................... ..,............... ... ....... .,.....6-45 6.1.16 Transportation/Traffic................................................................................................... 6-46 6.1.17 Utilities and Service Systems........................................................................................6-49 6.1.18 Mandatory Findings of Significance.............................................................................6-53 7.0 Mitigation Monitoring and Reporting Program........................................................................................ 7-1 8.0 References........................................................................................................................................................ 8-1 9.0 Persons Contributing to this Document................................................................................................... 9-1 LIST OF FIGURES Figure Number/Me Page Figure2-1 Regional Map..................................................................................................................................... 2-2 Figure2-2 Vicinity Map....................................................................................................................................... 2-3 Figure2-3 Aerial Photograph............................................................................................................................2-4 Figure 2-4 Existing and Surrounding Land Uses...........................................................................................2-6 Figure 2-5 Existing General Plan Land Use Designations........................................................................... 2-7 Figure 2-6 Existing Zoning Designations.. ,........ ........................... ...,....... ................. 2-8 Figure3-1 Proposed Site Plan........................................................................................................................... 3-2 Figure6-1 View Simulation................................................................................................................................ 6-2 Figure 6-2 Billboard Lighting Intensity (Facing West)_., ......... ........... .......... ..... ....... 6-6 Figure 6-3 Billboard Lighting Intensity (Facing East)....................................................................................6-7 ... .......... .......... � .. ....... _ .................... .. .. LIST OF TABLES Table NNlumlZe r e Page Table 6-1 SCAQMD Maximum Regional Daily Emissions Thresholds.......- .... ......6-12 Table 6-2 Summary of Construction -Related Emissions.........................................................................6-12 Table 6-3 Summary of Operation -Related Emissions..............................................................................6-13 Table 6-4 Total Project Greenhouse Gas Emissions...............................................................................6-26 Table 6-5 Municipal Code Noise Standards ................................................. ...... ....... .............,.6-40 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page iii No Mitigated Negative Declaration Table of Contents LIST OF TECHNICAL CAL APPENDICES The documents identified below are included within the Technical Appendices to this Initial Study (IS) / Mitigated Negative Declaration (MND), and are herein incorporated by reference pursuant to CEQA Guidelines Section (§)15150. These documents are attached to this MND (bound separately) and also are available for review at the City of Baldwin Park, Community Development Department, 14403 East Pacific Avenue, Baldwin Park, CA 91706, during regular business hours. A. Sign Lighting Study B. Air Quality and Greenhouse Gas Emission Calculations 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page iv No E] Mitigated Negative Declaration 1.0 Introductlon 1.0 Introduction This Initial Study (IS) / Mitigated Negative Declaration (MND) evaluates the 1919 Puente Avenue Billboard Project (hereafter, "Project") proposed by Becker Boards Small, LLC (hereafter, "Project Applicant"). The Project is proposed on the northwestern corner of a 2.25 -acre parcel (hereafter "Project site") located north of the intersection of Dalewood Street and Puente Avenue and immediately south of Interstate 10 in the City of Baldwin Park, Los Angeles County, California. The Project Applicant proposes to construct and operate a dual -faced, digital/light emitting diodes (LED) billboard with associated infrastructure connections on the Project site. Under existing conditions, the property is fully developed with commercial retail land uses (i.e., Laidlaw's Harley Davidson) to which the Project would contribute additional development in the form of a billboard. UIJJJFWM�Mew The Project is the subject of analysis in this document pursuant to the California Environmental Quality Act (CEQA). The content of this MND complies with all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.). CEQA is a statewide environmental statute contained in Public Resources Code §§21000-21177 that applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project's potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment. As defined by CEQA Guidelines §15367, the City of Baldwin Park is the Lead Agency for the proposed Project. "Lead Agency" refers to the public agency that has the principal responsibility for carrying out or approving a project. Two discretionary approvals are required of the City of Baldwin Park to implement the proposed Project: a Development Agreement between the Project Applicant and Lead Agency and a Zone Code Amendment. Administrative approvals would consist of the issuance of a building permit. These actions and other approval actions required of the City of Baldwin Park and/or other governmental agencies to fully implement the proposed Project are described in more detail in Section 3.0, Project Description. If this MND is approved by the City of Baldwin Park, Responsible and Trustee agencies with approval authorities over the Project can use this MND as the CEQA compliance document as part of their decision-making processes. A MND is a written statement by the Lead Agency briefly describing the reasons why a proposed project, which is not exempt from the requirements of CEQA, will not have a significant effect on the environment and therefore does not require preparation of an Environmental Impact Report (EIR) (CEQA Guidelines §15371). The CEQA Guidelines require the preparation of a MND if the Initial Study prepared for a project identifies potentially significant effects, but: 1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed MND and Initial Study are released for public review would avoid or mitigate the effects where clearly no significant effects would occur; and 2) there is no substantial evidence, in light of the whole record before the Lead Agency, that the project as revised may have a significant effect on the environment (CEQA Guidelines § I5070[b]). 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 1-1 No Mitigated Negative Declaration 1.0 Introduction The following items comprise the MND in its entirety: 1) This document, including all Sections. Section 5.0 contains the completed Environmental Checklist/initial Study and Section 6.0 contains the proposed Project's associated analyses, which documents the evidence relied upon to support the findings and conclusions of the Initial Study. 2) The Mitigation Monitoring and Reporting Program (MMRP), which lists the mitigation measures that the City of Baldwin Park has identified and imposed on the proposed Project to ensure that the Project's environmental effects are reduced to less -than -significant levels. The basis for the MMRP is found in the Environmental Checklist/Initial Study. The MMRP also indicates the required timing for the implementation of each mitigation measure, identifies the parties responsible for implementing and/or monitoring the mitigation measures, and identifies the level of significance following the incorporation of mitigation 3) Two technical reports are attached as Technical Appendix A and Technical Appendix B. These technical reports are also on file and available for public review at the City of Baldwin Park, Community Development Department (14403 East Pacific Avenue, Baldwin Park, CA 91706) and is hereby incorporated by reference pursuant to CEQA Guidelines § 15150. A. Sign Lighting Study, prepared by Watchfire, and dated September 14, 2016. B. Air Quality and Greenhouse Gas Emission Calculations, prepared by Urban Crossroads, Inc., and dated October 5, 2016 The City of Baldwin Park, Community Development Department, directed and supervised the preparation of this MND. Although prepared with assistance of the consulting firm T&B Planning, Inc., the content contained within and the conclusions drawn by this MND reflect the sole independent judgment of the City of Baldwin Park. This MND and a Notice of Intent (NOI) to adopt the MND will be distributed to the following entities for a 30 -day public review period: 1) organizations and individuals who have previously requested such notice in writing to the City of Baldwin Park; 2) direct mailing to the owners of property contiguous to the Project site as shown on the latest equalized assessment roll; 3) responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); 4) the County of Los Angeles Clerk; and 5) the California Office of Planning and Research, State Clearinghouse, for review by State agencies. The NOI identifies the location(s) where the MND and its associated MMRP and Technical Appendices are available for public review. In addition, notice of the public review period also will occur via posting of a notice at City Hall (14403 East Pacific Avenue), via standard mailing to property owners located within a 300 -foot radius of the Project site, and publication in a newspaper of general circulation in the Project area. The NOI also establishes a 30 -day public review period during which comments on the adequacy of the MND document may be provided to the City of Baldwin Park, Community Development Department. Following the 30 -day public review period, the City of Baldwin Park will review any and all comment letters received and determine whether any substantive comments were provided that may warrant revisions to the MND document. If substantial revisions are not necessary (as defined by CEQA Guidelines §15073.5(b)), then the MND will be finalized and forwarded to the City of Baldwin Park 1919 Puente Avenue Billboard Lead Agency, Clty of Baldwin Park Page 1-2 MitigatedDeclaration Decl rat'on 1.0 Introduction Planning Commission for review as part of their deliberations concerning the proposed Project. A public hearing(s) will be held before the City's Planning Commission to consider the proposed Project and the adequacy of this MND. Public comments will be heard and considered at the hearing(s). If the MND is approved by the Planning Commission, the Project would be recommended for approval to the City of Baldwin Park City Council. If approved, City Council would adopt findings relative to the Project's environmental effects as disclosed in the MND and a Notice of Determination (NOD) will be filed with the County of Los Angeles Clerk. 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 1-3 t m Declaration No �, ..M..�,.!gated Negative ..........................ae 2.0 Environmental Setting * 0 Z O 2.0 Environmental Setting As shown on Figure 2-I, Regional Map, the Project site is located in the City of Baldwin Park, CA. The City of Baldwin Park is located in the south-central portion of Los Angeles County and is bordered to the north by the City of Irwindale, to the east by the City of West Covina, to the south by the City of Industry and unincorporated Los Angeles County, and to the west by the City of EI Monte. The Project site is located immediately south of the Interstate 10 (1-10) freeway which transects the southern portion of the City of Baldwin Park. The Project is proposed on the northwestern corner of the 2.25 -acre Project site, located in the southeastern portion of the City of Baldwin Park. The Project site encompasses Assessor Parcel Number (APN) 8558-033-005 and is associated with the address 1919 Puente Avenue. As shown on Figure 2-2, Vicinity Map, the I-10 Freeway abuts the northern boundary of the Project site, and the City of West Covina is located immediately to the southeast of the Project site (opposite of Puente Avenue). CEQA Guidelines § 15125 establishes requirements for defining the environmental setting to which the environmental effects of a proposed project must be compared. The environmental setting is defined as "...the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time the environmental analysis is commenced..." (CEQA Guidelines § 15125(a]). The Initial Study prepared for the proposed Project (see Section 5.0 of this document) determined that an MND is the appropriate form of CEQA compliance document, which does not require a Notice of Preparation (NOP). Thus, the environmental setting for the proposed Project is the approximate date that the Project's environmental analysis commenced. The City of Baldwin Park deemed the proposed Project's application complete and commenced environmental review of the Project in January 2017. Accordingly, the environmental setting for the proposed Project is defined as the physical environmental conditions on the Project site and in the vicinity of the Project site as they existed in January 2017. 2.3 ExIsOng S Nie —and Air C aLa1 t # s 2.3.1 Usting Sfte CondIftlons As shown on Figure 2-3, Aerial Photograph, under existing conditions, an approximately 33,200 square foot (s.f.) commercial building occupied by Laidlaw's Harley-Davidson dealership occurs on the northern portion of the Project site. An asphalt -paved parking lot with associated light fixtures is located south of the motorcycle dealership and ornamental landscaping (i.e., street trees, shrubs, etc.) occurs within the parking lot and on the southwestern and southeastern boundaries of the site along Dalewood Street and Puente Avenue. In addition, several wireless communication antennae are affixed to the roof of the Harley-Davidson dealership. A canopy structure is located on the western portion of the Project site. Wrought -iron fencing occurs along the site's southwestern and southeastern boundaries and chain-link fencing is located along northern boundary of the Project site. The northwestern corner of the Project site, where the proposed billboard would be installed, is asphalt -paved and contains a utility enclosure that is ancillary to the motorcycle dealership. 2.3.2 Site Access Regional access to the Project site is provided via the I-10 freeway and the Puente Avenue exit ramp, located approximately 0.2 -mile east of the Project site. Local roadway access to the Project site is 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 2-1 N Mitigated Negative Declaration 2.0 Environmental Setting 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 2-2 1111111111111110 111111111111111 I I Mitigated Negative Declaration 2.0 Environmental Setti Figure 2-2 116,.E VICINITY MAP 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 2-3 ON Mitigated Negative Declaration 2.0 Environmental Setting 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 2-4 2.0 Environmental Setting No Mitigated Negative Declaration ��...........�.�.�.�.�..............�.�.�....................................v............-. ........ ._......... provided via an access driveway from Dalewood Street, which abuts the western boundary of the Project site. There are no driveway access points located along the Project site's eastern boundary that abuts Puente Avenue. 2.3.3 Surrounding Land Uses and Development As shown on Figure 2-4, Existing and Surrounding Land Uses, the Project site is bounded on the north by the I-10 freeway, north of which is a large parking lot associated with a commercial retail center; on the southeast by Puente Avenue, east of which is an automobile repair facility and a single-family residential neighborhood; on the southwest by Dalewood Avenue, west of which are commercial retail uses and warehouses (e.g., U -Haul Rental warehouse, upholstery shop, party rental store); and to the south by the intersection of Dalewood Avenue and Puente Avenue, south of which is a gas station and additional commercial retail uses. 2.4.1 City of Baldwin Park General Plan As shown on Figure 2-5, Existing General Plan Land Use Designations, the Project site is designated "General Commercial (GC)" by the City's General Plan Land Use Map (Baldwin Park, 2002a, Fig. LU -6). The GC land use designation allows for a maximum floor to area ratio (FAR) of 0.25. Additionally, the Project site is located within the "Dalewood/Puente/1-10" General Plan Focus Area, which is a focus area identified by the City's General Plan as being suitable for future large-scale commercial development. (Baldwin Park, 2002a, Fig. LU -4, p. LU -17) 2.4.2 City of Baldwin Park Zoning Designations As shown on Figure 2-6, Existing Zoning Designations, the Project site is zoned "Freeway Commercial (FC)". The FC zoning designation is intended to provide areas for the development of freeway -oriented, regional -serving retail and office complexes and complementary regional commercial center. (Baldwin Park, 2016, § 153.050.010) Properties located to the north of the Project site (and north of the 1-10) are zoned as FC and are located within the "Sierra Vista Overlay Zone (SV)" which allows for large-scale master -planned retail, commercial, office, industrial or mixed-use developments (Baldwin Park, 2016, § 153.090.010). The properties located to the east and west of the Project site are also zoned FC and the properties south of the Project site are zoned "General Commercial (C2)," which provides for retail, service, and entertainment land uses designed to meet the shopping and service needs of the local community. (Baldwin Park, 2016, § 153.050.010) 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 2-5 No Mitigated Negative Declaration 2.0 Environmental Setting Figure 2-4 HE,»„ EXISTING AND SURROUNDING LAND USES 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 2-6 No Mitigated Negative Declaration 2.0 Environmental Setting Figure 2-5 Y EXISTING GENERAL PLAN LAND USE DESIGNATIONS 1919 Puente Avenue Billboard Lead Agency; Clfy of Baldwin Park Page 2-7 No NOMitigated Negative Declaration 2.0 Environmental Setting 1919 Puente Avenue Billboard Lead Agency, Clfy of Baldwln Park Page 2-8 ON .-..eeeeeeeeeeeee._ � F 01-1 Mitigatedd Negative Declaration 3.0 Project Description 3.0 Project Descrlptlon 3.1 Project Overview The Project evaluated in this MND is proposed by Becker Boards Small, LLC (the "Project Applicant") and is referred to as " 1919 Puente Avenue Billboard." As shown in Figure 2-3, the Project is located on a 2.25 -acre developed property that abuts the southern edge of the I-10 freeway, in the southeastern portion of the City of Baldwin Park. The proposed Project involves the construction of a dual -faced, digital/LED billboard with associated infrastructure connections. As shown on Figure 3-I, Proposed Site Plan, the Project Applicant proposes to construct the billboard on the northwest portion of the triangle - shaped site. Project operation would include displaying of alternating LED advertisements on either of side of the billboard. The Project does not propose to alter the existing on-site commercial building (occupied by Laidlaw's Harley-Davidson motorcycle dealership and several rooftop wireless communication antennae). The operational characteristics of the Project are not expected to change the characteristics of the existing Project site in any way that could result in reasonably foreseeable environmental effects. Technical3.2 Prolect • 19Dal Characteristlos • .. • Specifications The proposed digital billboard consists of a display surface no larger than 672 square feet (sq. ft.) in active copy area that supports an image generated by LED. The digital billboard would be installed on a supporting structure which would elevate the billboard to a height of approximately 65 -feet above ground. The supporting structure would have a vertical center column with two 14 -foot (tall) by 48 - foot (wide) digital faces oriented in a "V" shape so as to simultaneously face traffic traveling along the eastbound and westbound lanes of the I-10 freeway. Each image projected on the billboard would be static for a period of time prior to changing to a new image. Pursuant to City of Baldwin Park Municipal Code § 153.170.105, Digital Billboard Replacement, the billboard would display still images for a minimum of eight consecutive seconds. No still image would contain animation, movement, or the appearance or optical illusion of movement of any part of the advertising structure. Additionally, still images would not contain flashing, scintillating lighting or the varying of light intensity. Transition time between one still image and the immediate next still image would not exceed one second. (Baldwin Park, 2016, § 153.170.105) Pursuant to City of Baldwin Park Municipal Code § 153.170.105, lighting levels on the digital billboard would not exceed 0.3 foot candles over ambient levels, as measured using a foot candle meter at a distance of 250 feet. The billboard would be equipped with light sensors to measure ambient light levels and to adjust light intensity to respond to a change in ambient light conditions. The display, for example, would generally be brighter in the daytime than at night. (Baldwin Park, 2016, § 153.170.105) The displays advertised would be controlled remotely and would have remote maintenance software. Once the digital billboard is installed and operationally stabilized, it is anticipated that approximately six to eight visits per year would be needed for maintenance purposes. Construction activities would take less than a week to complete and construction equipment would include one drilling rig and one crane. The ultimate area of ground level disturbance would encompass an approximately 10 -foot x 10 -foot area. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 3-1 No ❑, MI,[,I,yapative Dedaratlon 3.0 Project Descrlp[lon [ed Ne (1r, 1919 Puente Avenue 8111board Lead Agency: Oily of Baldwin Pak „y v it +� Lti d� i r� A�PLIOANT OWNER: CIVIL ENGINEER; SITE SUMMARY ��off/ UTILITY PURVEYORS ff , L11111-11 .EGAL DESCRIPTION: Al e4 `fir, wo°e"`�`�r n. w.au w.. µ wr miu : EASEMENT NOTES w o 'ji� CONCEPTUAL SITE PLAN Page 3.2 NO Mitigated Negative Declaration 3.0 Project Description �_ --- ... _. .... ......... To construct the foundation hole, a drilling rig would drill a hole five (5) feet in diameter and 42 -feet deep. The column (42 inches in diameter) would be lifted into place and inserted into the foundation hole by a crane, as concrete is poured into the foundation hole. The concrete would be a 3,000 -pound mix (i.e., concrete that would withstand 3,000 pounds of pressure for 28 days without breaking) and would take approximately three days to dry. Once the concrete has completely dried, the crane would be removed from the site. Lastly, the upper structure components (i.e., billboard signage and electrical components) would be assembled on-site and a crane would lift the upper structure into place, atop the column. (Project Applicant, 2016) Arrangements to extend electrical service to the site would be made in advance of the construction activities. If the electrical utility is provided from underneath the surface of the ground, a sleeve would be placed in the concrete foundation to accommodate electrical provision. The anticipated electricity demand required by the operation of the digital billboard would be 6,500 kWh per month. (Project Applicant, 2016) 3.4 o e t-1 elated Apipgovails, 3.4.1 Development Agreement DA 16-01 (City of Baldwin PaN A Development Agreement is required by Baldwin Park Municipal Code § 153.170.105, Digital Billboard Replacement, because the proposed Project consists of the installation of a digital billboard within the corridor of an interstate freeway (1-10 freeway). The Development Agreement would be executed between the Project Applicant and the City of Baldwin Park strictly in relation to the proposed Project. California Government Code §§ 65864-65869.5 authorize the use of development agreements between any city, county, or city and county, with any person having a legal or equitable interest in real property for the development of the property. The Development Agreement would provide the Project Applicant with assurance that development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval. The Development Agreement also would provide the City of Baldwin Park with assurance that certain obligations of the Project Applicant will be met, including, but not limited to, the following: proof of Outdoor Advertising (ODA) Display Permit approval by Caltrans, proof of property owner consent for the construction of the Project, and various technical standards regarding the construction and operation of the digital billboard. The entering into of the Development Agreement, in and of itself, would not lead to a physical change in the environment other than the foreseeable changes inherit of the construction and operation of the proposed billboard Project described in this document. 3.4.2 Zone Code Amendment No. 185 Zone Code Amendment No. 185 (AZC 185) is proposed to amend the City of Baldwin Park Municipal Code § 153.170.105 to allow for the development of static and digital billboards with a maximum height of 65 feet. Under existing conditions, Baldwin Park Municipal Code § 153.170.105(H) limits the height of static and digital billboards to 45 feet, and places a height limit of 65 feet on billboards located within 150 feet of a sound wall (Baldwin Park, 2016, § 153.170.105). Accordingly, proposed AZC 185 would amend § 153.170.105(H) to allow for the construction of billboards (static or digital) to a maximum height of 65 feet, regardless of whether the billboard is located within 150 feet of a sound wall. Although AZC 185 would effectively increase the height limit applicable to billboards on a City- wide basis, Baldwin Park Municipal Code § 153.170.105, Digital Billboard Replacement, requires that a Development Agreement be executed between applicants seeking the approval of a billboard and the City of Baldwin Park. Development Agreements are subject to the City's discretionary review and approval process and the provisions of CEQA. Therefore, because all future billboards would be evaluated in accordance with CEQA on a project -by -project basis, and the location of such future billboards (if any) is unknown at this time and highly speculative, this MND is properly limited to the 1919 Puente Avenue Billboard Lead Agency, Cify of Baldwin Park Page 3-3 No Mitigated Negative Declaration 3.0 Project Description evaluation of environmental effects associated with the one billboard that is currently proposed by Becker Boards Small, LLC and evaluated herein. Future billboards (if any) would be subject to their own CEQA evaluations. 3.4.3 Caltrans Outdoor Advertising (ODA) Display Permit Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. The Project proposes to develop a digital, dual -faced billboard adjacent to the 1-10 freeway; therefore, the Project would be subject to approval of an Outdoor Advertising (ODA) Display Permit by Caltrans. The ODA Display Permit would assure that certain location and design features of the Project would be met, including, but not limited to, the following: • The billboard must be located outside the right-of-way of any highway; • There must be an existing business activity within 1,000 feet of the proposed billboard; • The digital billboard must be 1,000 feet from any other digital billboard; • The digital billboard must be 500 feet from any other static billboard; and • The maximum display area is set at 25 feet in height by 60 feet in length. (Caltrans, 2014) The approval of the ODA Display Permit Application, in and of itself, would not lead to a physical change in the environment other than the foreseeable changes inherit of the construction and operation of the proposed billboard Project described in this document. 3.5 Ex�st7r� r�rrrrll enal Chara�trlsfij+ 3.5.1 Ar Quality The City of Baldwin Park is located within the South Coast Air Basin (SCAB, or "Basin"), which is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD identifies the City of Baldwin Park, including the Project site, as generally having better air quality than other inland portions of the Basin (SCAQMD, 2016). Regardless, the SCAQMD reports a severe air pollution problem in the SCAB as a consequence of the combination of emissions and meteorological conditions which are adverse to the dispersion of those emissions. In the SCAB, high concentrations of ozone (03) are normally recorded during the spring and summer months, while high concentrations of carbon monoxide (CO) are generally recorded in late fall and winter. High particulate matter concentrations can occur throughout the year, but occur most frequently in the fall and winter. 3.5.2 Topography, Geology and Solis Under existing conditions, the parcel upon which the Project is proposed is developed with commercial uses and is located at an elevation of approximately 345 feet above mean sea level (amsl) in the southwestern portion of the site to 348 feet amsl in the northeastern portion of the site. The Project site and surrounding area is generally flat and lacking of prominent topographical features. (Google Earth Pro, 2016) Los Angeles County, like most regions in southern California, is located in a region subject to high seismic activity and, therefore, is subject to risks and hazards associated with potentially destructive earthquakes. One of the secondary hazards of earthquakes is liquefaction, which is a phenomenon involving the loss of shear strength of a soil resulting from the increase of pore water pressure due to vibration of soil particles. Due to the depth of the groundwater table (greater than 50 feet below 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 3-4 Project Description No Mitigated Negative Declaration 3.0 Pro', . ground level), the Project site and surrounding area are not likely to be subject to liquefaction hazards. (Baldwin Park, 2002b, p. 89) 3.5.3 Hydrology Under existing conditions, storm water on the Project site generally sheet flows toward on-site catchment basins and drainage swales which then convey flows to the southwest toward the storm water catchment system in Dalewood Street where the storm water enters the City's master drainage network. 3.5.4 Biological Resources The Project site is fully developed with an existing building, surface parking lots, ornamental landscaping, and hardscape. Animal life within the area consists of species commonly found in an urban area. 3.5.5 Historical, Archaeological, and Paleontological Resources None of the Project site's features are included on the National Park Service (NPS) National Register of Historic Places or the California Office of Historic Preservation (OHP) Register of Historical Resources (NPS, 2014; OHP, 2016). Additionally, given the extensive ground disturbance that has occurred throughout the City, including the Project site, it is unlikely that archaeologically or paleontologically significant resources would be discovered during Project construction activities. 3.5.6 Rare and Unique Resources As required by CEQA Guidelines Section 15125(c), "Special emphasis should be placed on resources that are rare or unique to that region and would be affected by the project." Based on the Project site's existing condition and developed nature as a motorcycle dealership, the proposed Project site does not contain any resources that are rare or unique to the region. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 3-5 Negative Declaration No MitigatedN 4.0 Project Informatlon 1. Project Title 1919 Puente Avenue Billboard Project of Baldwin Park 2. Lead Agency Name and Address City of Baldwin Park Community Development Dept. 14403 East Pacific Avenue Baldwin Park, CA 91706 3. Contact Person and Phone Number Amy Harbin, AICP — City of Baldwin Park Planner (626) 960-4011 Extension 475 4. Project Location 4.0 Project Information The 2.25 -acre Project site is located north of the intersection of Dalewood Avenue and Puente Avenue and south of the Interstate 10 Freeway in the City of Baldwin Park, California. 5. Project Applicant Becker Boards Small, LLC 4350 E. Camelback Road, Suite B-195 Phoenix, AZ 85018 6. General Plan Designation General Commercial (GC 0.25 FAR) 7. Zoning Freeway Commercial (FC) 8. Description of Project: Please refer to Section 3.0 for a detailed description of the proposed Project. 9. Surrounding Land Uses and Setting: Briefly describe the Project's surroundings: As previously discussed in Section 2.0 and presented in Figure 2-4, the Project site is bounded on the north by the I-10 freeway, north of which is a large parking lot associated with a commercial retail center; on the southeast by Puente Avenue, east of which is a mechanic shop and a single-family residential neighborhood; on the southwest by Dalewood Avenue, west of which are commercial retail warehouses (e.g., U -Haul Rental warehouse, upholstery shop, party rental store); and to the south by the intersection of Dalewood Avenue and Puente Avenue, south of which is a gas station and additional commercial retail. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 4-1 00 Mitigated Negative Declaration - . . ........... — . .... 4.0 Project Information 10. Other Public Agencies Whose Approval Is Required (e.g., permits, financing approval, or participation agreement) 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 4-2 ga g Environmental ME Mitigated Negative Declaration _.._......._.......�...........................�.� .. _,�... 5.0 Environmeal Checklist......, __......_......_.______�._.... 5.0 Environmental Cheoldist 5.1 Environmental Facto � noted The environmental factors checked below would be potentially affected by this project, involving at least one impact that would require mitigation, as indicated by the checklist on the following pages. ❑ Aesthetic ❑ Agriculture and Forestry ❑ Air Quality Resources ❑ Biological Resources ® Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous ❑ Hydrology/ Water Quality Materials ❑ Land Use and Planning ❑ Mineral Resources ❑ Noise ❑ Population and Housing ❑ Public Services ❑ Recreation ❑ Transportation/ Traffic ❑ Utilities/ Service Systems ® Mandatory Findings of Significance 5.2 Determinatlon On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a ❑ NEGATIVE DECLARATION will be prepared. Imfindthatalthou hthe proposed project could h_ ave _a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. find that the proposed project MAY have a significant effect on the environmentanndd an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially __. Wp j � have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. find that althou ...... �. gh the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imp sed upon the proposed pr jest, noting further is required. . .._ _ ..... _ .... _.. ...... " t 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Pork Page 5-1 EN I1Mitigated Negative Declaration mm 5.0 Environmental Checklist 5.3 C11tv of _Baldwin Park Environmental Checklist Sulrnr la M p,www��w��7Less, potentiallhan Significant LessthanEnvironmental Issue Areas Examined Significanh Mitigation Significant No ImpactI. AESTHETICSImpactcor orated Impact .---PPP W-- T ,,.... .......... _�. . Would the Project: a) mm Have a substantial adverse effect on a scenic ❑ ❑ Q 0 vista? b) Substantially damage scenic resources, EJ El❑ �- 1 including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ El Q ❑ character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ Q ❑ glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE AND FOREST RESOURCE S Womuld ...-the — Project: a) Zonvert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ Q Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? . .�... ... ..... . ....... b) i Con flrt with existing zoning mfor agricultural use, ❑ 19 ❑ Q or a Williamson Act contract? .................- .. ........ C) Conflict with existing zoning for or cause 1 Q rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of—forest Land n�-�Q � d oor r conversion of o ❑ ..... ❑ Vmm1 forest land to non -forest use? e) Involve other changes in the existing - ❑ _.ID environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? III. AIR QUALITY......................�-.., wwwww_.._.. ..........--... Would the...._...._._........... ... _..... ._........._..... Project: a) Conflict with or obstruct implementation of the ❑ ❑ I applicable air quality plan? b)..__� Violate any air quality standard or contribute to ❑ Q ❑ an existing or projected air quality violation? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 5-2 g viron No Mitigated Ne Negative Declaration 5 0 Environmental Checklistn ... Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact Result in a cumulatively considerable net El ❑ QI El increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? a tors to substantial --- ❑ElQ ❑ W d)mm � Expose sensitive recep pollutant concentrations? e) Create objectionable odors a f fecting a ❑ El 121 El substantial number of people? �.- ................ IV. BIOLOGICAL RESOURCES Would the Project: a) .vv Have a substantial adverse effect, either directly ❑ ❑ ❑ Q or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ ❑ ❑ Q riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c ....... Have a substantial adverse effect on federally C1 El protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of 11 El L1 ..� ...... ..............._ ___- d) any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e Conflict with any local policies or ordinances ❑ ha ❑ Q protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted ❑ El ❑ Q Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? kv.-a6LTURAL RESOURCE _. Would t k"_e_......._... �..m . �_ ........ �..... Project: a) Cause asubstantial adverse change in the ❑ ❑ ❑ Q significance of a historical resource as defined _ in §15064.5? b)...Cause a substantial adverse change in the ❑ C jI ❑ significance of an archaeological resource pursuant to § 15064.5? _........ ... ...A,,,. ...... ................. 1919 Puente Avenue Billboard Lead Agency. City of Baldwin Park Page 5-3 No Mitigated Negative Declaration 5.0 Environmental Checklist Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact ImPactww Incor orated Ism act C) Directly or indirectly destroy a unique ❑ El ❑ Q paleontological resource or site or unique geologic feature? _ _ d) Disturb any human remains, including those ❑ ❑ El Q interred outside of formal cemeteries? ..� _w-w-w_w.._�_.... ... __..--..w �...... ....... . �- ... � . -... e) Cause a substantial adverse change in the ❑ ❑' Q Cl significance of a tribal cultural resource as defined in Public Resources Code § 21074? VI. GEOLOGY AND SOILS......................................................................................._....... V Would the Project: a�Expose people ...orstructures..to.......otental ...........�.. .�.-...._...................................................................................................�..._._.. substantial adverse effects, including the risk of loss, injury, or death involving. i) Rupture of a known earthquake fault as ❑ D ❑ Q delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ Q ❑ iii) Seismic -related ground failure, including ❑ ❑ Q liquefaction? iv) Landslides? ❑ ❑ ❑ Q b) result in substantial soil erosion or the loss of ❑ ❑ ❑ p.-..... topsoil? ............ C) Be located on a geologic unit or soil that is ❑ Q ❑ unstable, or that would become unstable as a result of the project and potentially result in on - or off-site landslide, lateral spreading subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in ❑ CI ❑ Q Table 18- I -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting l l ❑ Q the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. GREENHOUSE GAS EMISSIONS V1!ouhd-the Project: ._..- .........................................._._ g ............�...... greenhouse g �� ............_ Generate as emissions, either directly or indirectly, that may have a significant impact on the environment? b) Con fr ct with an applicable plan, policy or ❑ El ❑ R1 regulation adopted for the purpose of reducing the emissions of greenhouse gases? VIILyHAZARDS AND HAZARDOUS MATERIALS � W.. ....... �_- WWWWWWWWWWW World the Project. ... �.............___....�....._. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 5-4 No Mitigated Negative Declaration 5.0 Environmental Checklist Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Inco r wporated ___..... _.....,Impact a) Create a significant hazard to the public or the F ❑ 13Q 0environment through routine transport, use, or disposal of hazardous materials? �0 .......- b) Create a significant hazard to the public or the 2. ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ...t � C) Emit hazardous emissions or handle hazardous �-� El or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? .. �......._ ._.......� � �.�. �. ..-.- .--. �............� d .... Be located on a srte.�.� �,,, which is included on a list ❑ ❑ 14 ❑ of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, ❑ El ❑ Q where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Foran ro'ect withithe vicin .. p 1 'ty of a p 11 ri11 vate ❑ ❑ ❑ Q airstrip, would the project result in a safety hazard for people residing or working in the project area? mm. .. g) Imp -air implementation of or physically interfere Q with an adopted emergency response plan or emergency evacuation plan? _ ..._ — - . — - .. h) Expose people or structures to a significant risk] ❑ ❑ I of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY Wouldthe Proiect: Violate an . water quality ds or waste _ a) Y Y standar L 0...� El discharge requirements?a _..........E .._._ mmmm groundwater supplies or b) Substantially deplet dw ❑ ❑ El Q interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering the local i; o f groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 5-5 No Mitigated Negative Declaration Environmental Issue Areas Examined C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff.? 0 Otherwise substantially degrade water quality? 9) Pla�e —housing within 'a"'-i-0-0---yearflaod hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ............. j) Inundation by seiche, tsunami, or mudflow? X. LAND USE AND PLANNING 7W�-1 dt 'e" "P -r o i e c t: ................ 0) Physically divide an established community? . ............ . . . . b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat conservation plan or natural community conservation plan? XI. MINERAL RESOUmmmmmmITITmmmIT RCES Would the Project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? . ............. — ............. 5.0 Environmental Checklist Voient@'fj' Less Than Significant Less than Significant with Mitigation Significant No Impact Impact Incorporated Impact FJ E3 R1 0 E] ❑ 2 D_ El 1] 2 El 1:1El ❑ID El . . . . ....... 0- EJ 2 111 0- 0 D El 1:1 El El El El Ll El El El . . .... . ..........mm ....... El ................................. ........... El❑121 11 El 1:1 0 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 5-6 No Mitigated Negative Declaration 5.0 Environmental Checklist _. —.1— Potentially Less Than Significant Less than tnpact Environmental Issue Areas Examined Si g ficant with Mitigation Significant No Impact Irri Incorporated Impact _.. XII. NOISE Would the protect result m: _...._ � ........................... ..............�...................._... a) Exposure of persons to or generation of noise ❑ ❑i Q ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of El 0 0 excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient--� p ❑� 11 noise levels in the project vicinity above levels existing without the project? A�substantial temporary or periodic ..-._ d) increase in ❑ Q ❑ ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use ❑ jj ❑ Q land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project expose people residing or working in the project area to excessive noise levels? .._.. Fora project within the vicinity of a private �._._...............mm.. ❑i ... ❑ ❑ Q airstrip, would the project expose people residing or working in the project area to excessive noise levels? _ XIII. POPULATION AND HOUSING Would the Project: a) Induce substantial population growth in an ❑ El... Q area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing El Q housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, El ❑ ❑ Q necessitating the construction of replacement housing elsewhere? XIV. PUBLIC SERVICESmmITITITITITITITITITITIT _mmmmmmmmmm_ _ a) Would the project result in substantial adverse physical impacts associated with the provision of new or�� physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for p t y of the public services: m ................. .............. Fire protection? El❑ ❑ Q olice protection? ❑ ❑ ❑ Q Schools? ❑ ❑ ❑ Q Other public facilities? ❑ ❑ ...m �...... .e.. 0 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 5-7 No Mitigated Negative Declaration Environmental Issue Areas Examined XV. RECREATION a)......_ Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? XVI TRA..... .._.._.-_...--_ ... NSPORTATIONITRAFFIC Would the Project: 0)Conflictwith an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Conflict with an applicable congestiomm— b)..... n management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase design ly increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency m access?.�....m__..__— fi Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities? XVII. UTILITIES & SERVICE SYSTEMS uRl the. Proj,ect:�: a) Exceedmmmm wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 5-8 5.0 Environmental Checklist Potentially Ms Than Significant Less than Significant with Mitigation Significant No Impact Impact Incorporated Impact ............ . ....----....--. 1-1 LA 11 El El 0 ❑ El 2 ❑ ❑ ❑ Q n El E] ❑ C] D 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 5-8 No Mitigated Negative Ne a i Declaration g g D ................... t � 5.0 Environmental Checklist Potentially Less Than Significant Less than ® Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact C) Require or result in the construction of new ❑ ❑ ❑ Q storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to ❑ ❑ FJ Q serve the project from existing entitlements and resources, or are new or expanded entitlements needed? _ e) Result in a determination by the wastewater 1. ❑ mmmmm ❑ Q treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? �s �. Be served f) d by a landfill with sufficient permitted ❑ ❑ 611 ll capacity to accommodate the project's solid waste disposal needs? ..._ .._ ...... _.................. ..... ederal, state, and local statutes g) Comply with f.. U QfEJ and regulation related to solid waste? h) ......- Result in a need for new systems, or substantial ❑ ❑ ❑ Q alterations in power or natural gas facilities? mm i Result in a needor news stems, or substantial f Y p.... C ❑ Q alterations in communication systems? ......... _--..._. XVIII MANDATORY FINDINGS OF SIGNIFICANCE ........... a) Does the project have the potential to degrade ❑ Q ❑, the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? _ �b) Does the project have impacts that are ❑ ❑ Q ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ...... ... _...._ � . C). Does thero'ect h_-....__... p ave environmental effects E 11Q ❑' which will cause substantial adverse effects on human beings, either directly or indirectly? 1919 Puente Avenue Billboard Lead Agency, Clty of Baldwln Park Page 5-9 No Mitigated Negative Declaration 6.0 Environmental Analysis 6.0 EnAronmental Analysis 6.1 Evaluation of Environmental olo 6.1.1 Aesthetics Potentially Less Than Significant Less than Environmental Issue Areas Exami ned Significant with Mitigation Slgnlflcant No Impact Impact Incorporated Impact W_rL the Pr-oiectr a) ......._ Have a substantial adverse effect on a scenic ❑i 0 ❑ Vista? b) Substantia'—fly damage scenic resources, ❑ ❑ d including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? _ C) Substantially degrade the existing visual (l L1 2 El character or quality of the site and its surroundings? �-..._ �� ..- .......... of substantial light or d Create a new source .._.....�.�.- � ) El❑ Q ❑ glare which would adversely affect day or nighttime views in the area? ' xistir7, 9 tL[ g As depicted on Figure 2-3, under existing conditions the Project site is fully developed. The northern portion of the Project site is developed with an approximately 33,200 s.f. commercial retail building that is currently occupied by Laidlaw's Harley-Davidson motorcycle dealership. An asphalt -paved parking lot with associated light fixtures is located south of the motorcycle dealership and ornamental landscaping (i.e., street trees, shrubs, etc.) occurs within the parking lot and on the southwestern and southeastern boundaries of the site, adjacent to Dalewood Street and Puente Avenue. A shaded canopy is also located on the western portion of the Project site. Wrought -iron fencing occurs along the site's southwest and southeast boundaries, and chain-link fencing is located along the site's northern boundary. The proposed Project evaluated herein entails the construction of a dual -faced digital billboard on the northwest portion of the Project site. Public views of the northwest corner of the Project site are available primarily from motorists traveling along the 1-10 freeway, and motorists and pedestrians traveling along Dalewood Street, and Puente Avenue. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the I- 10, large street trees, various commercial signage posts, chain-link fencing, and light posts located along adjacent roadways and parking lots. As shown on Figure 6-1, View Simulation, views of the northwest corner of the Project site experienced from the I-10 corridor consists of the frontage of the motorcycle dealership, asphalt pavement, chain-link fencing, and a utility enclosure. Views of the northwest corner of the Project site from Dalewood Street and/or Puente Avenue include frontage views of the motorcycle dealership, landscaping, a utility enclosure, and wrought -iron fencing. Views of the existing features on the northwest corner of the Project site are not available from private residential properties located southeast or southwest of the Project site. Nonetheless, impacts to private views are not a subject of consideration in this MND because the City does not have any ordinances or policies in place that protect views from privately -owned property. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-1 Mltlg ga a Dedaratlon 6.0 Envlronmental Analysis ated Ne tiv ...... .,.... ,.,...,.w ......,. ,...�...,.,. .._�,.._�,.._...._. .... 1919 Puente Avenue Billboard Lead Pg—y: CMy of BdcWn ft& pow 62 Declaration 6.0 Environmental Analysis No Mitigated Negative Decla a) Would the Project have a substantial a adverse effect fect on a scenic vista? Finding: Less -than -Significant Impact; The Project site and the northwest corner of the Project site where the Project is proposed does not contribute to a scenic vista and the City of Baldwin Park General Plan does not identify any scenic vistas on the Project site or in the vicinity of the site. The nearest scenic vistas to the Project site are the San Gabriel Mountains and Hacienda Hills which would not be substantially affected by the Project. Therefore, the Project would have less -than -significant impacts on scenic vistas and no mitigation is required. The Project site is located in a low-lying, valley floor in the southern portion of the City. The City of Baldwin Park General Plan does not identify or discuss scenic vistas throughout the City; however, the nearest potential scenic vistas within the vicinity include views of the San Gabriel Mountains, approximately 6.25 miles to the north, and the Hacienda Hills, approximately 4.0 miles to the southwest (Google Earth Pro, 2016). These distant landforms are prominently visible from the Project site's vicinity on clear days but not under typical conditions due to atmospheric haze that is common throughout the region. With mandatory compliance with the City of Baldwin Park Municipal Code requirements for billboard signage, Project -related development would not adversely affect views of the San Gabriel Mountains from nearby public viewing areas on clear days when the mountains are visible because the maximum height of the billboard would reach 65 feet above ground and would not result in obstruction of, or substantially detract from, public views of the mountains along the horizon. Because public views of the San Gabriel Mountains would still be available from public viewing areas surrounding the Project site and the proposed digital billboard would be substantially lower in height (65 feet above existing grade), compared to the approximate 10,000 -foot peak height of the mountain range, the Project would not have a substantial adverse effect on the public views of the surrounding mountains. Accordingly, the Project would result in a less -than -significant impact on the San Gabriel Mountains scenic vista. (USGS, 2004; Google Earth Pro, 2016) The Project would have a less -than -significant impact on public views of the Hacienda Hills to the southwest of the Project site, due to the distance and orientation of the Hacienda Hills in relation to the Project site and existing intervening development. Public views of the Hacienda Hills that are available from along the abutment of the Project site's southwestern boundary with Puente Avenue would not be obstructed by future development of a billboard on the Project site, as the billboard would be located to the north of these public viewpoints. Based on the foregoing analysis, the future development of a billboard on the northwest corner of the Project site would not have a substantial adverse effect on scenic vistas, and a less -than -significant impact would occur. b) Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Finding: No Impact. Implementation of the proposed Project would not damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. The Project site is not visible from a State scenic highway. Therefore, there is no potential for impacts to occur. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-3 ON ...... Mitigated Negative Declaration 6.0 Environmental Analysis Under existing conditions, the entirety of the Project site is developed, and no trees or rock outcroppings are located within the northwestern portion of the Project site proposed to be developed with the digital billboard. Accordingly, the Project would not entail the damage or removal of any trees or rock outcroppings. Additionally, the Project has no potential to damage historic buildings, as none occur on the Project site under existing conditions. Caltrans does not officially designate any scenic highways within the City of Baldwin Park or within the vicinity of the Project site, including the segment of the I-10 freeway located to the immediate north of the Project site (Caltrans, 2011). Accordingly, the proposed Project has no potential to damage scenic resources within a State scenic highway and no impact would occur. c) Would the Project substantially degrade the existing visual character or quality of the site and its surroundings? Finding: Less-than-56grriflcarnt Iw paa. The proposed Project would not substantially degrade the existing visual character or quality of the site, and would be consistent with the existing freeway -oriented commercial land uses in the Project vicinity. A less -than -significant impact would occur and mitigation is not required. The Project Applicant proposes to construct and operate a digital, dual -faced billboard on the northwest corner of the Project site. The Project site and the surrounding area is fully urbanized and developed with commercial and freeway -oriented land uses. The visual character of the 1-10 corridor in the vicinity of the Project site is established by views of commercial building frontages, cement dividers located along the center and shoulder of the I-10, large street trees, various commercial signage posts, chain-link fencing, and lighting posts located along adjacent roadways and parking lots. Therefore, the installation and operation of a digital billboard on the site is conducive with the commercial nature of the Project area and environs located adjacent to the freeway corridor. The Project does not propose to alter the existing buildings and landscaping features on the Project site. City staff is required to review the proposed design of the billboard as part of the approval process, and design parameters will be imposed by the City based on Section 153.170 of the Zoning Code (Sign Regulations). Thus, the Project would be consistent with the commercial character of the area, and would not result in the substantial degradation of the existing visual character or quality of the site and its surroundings. Accordingly, a less -than -significant impact would occur. d) Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views? Finding: Less- han-Significant Irnpact. While the Project would introduce a new source of artificial light, implementation of the Project would not result in a significant source of light or glare that would adversely affect daytime or nighttime views. Accordingly, a less -than -significant impact would occur under this threshold. Under existing conditions, the Project site is developed with commercial land uses and features exterior lighting within the parking lot and illuminated signage at the northeast portion of the Project site. Exterior lighting is also present within neighboring commercial areas to the southeast and southwest of the site. Street lights are located along Dalewood Street (to the southwest) and Puente Avenue (to the southeast). Lighting posts are located within roadways and parking lots adjacent to the I-10 corridor in the vicinity of the Project site. The proposed Project would result in an increase in ambient light generation via the projection of images on an LED interface that would be visible to motorists traveling on the I-10 freeway. Due to the height of the billboard (65 feet), all or a portion of the LED display also would be visible from nearby properties, including the residential neighborhoods located approximately 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-4 g No Mitigated Negative Declaration 6.0 Environmental Analysis 500 feet to the north, 265 feet to the southwest, and 635 feet to the southeast in relation to the Project site. Light measurements utilize foot-candles as a unit of lighting intensity, which is the amount of light produced by a single candle when measured from one foot away (for reference, a 100 -watt light bulb produces 137 foot-candles at one foot away) (Watchfire, 2016, p. 2). According to the Project's lighting study prepared by Watchfire (included herein as Technical Appendix A), and as shown on Figure 6-2, Billboard Lighting Intensity (Facing West), and Figure 6-3, Billboard Lighting Intensity (Facing East), due to the lighting direction and intensity of the proposed billboard, residential areas within the vicinity of the Project site would experience a nearly undetectable increase in ambient light as a result of the operation of the proposed digital billboard. Ambient light levels within residential neighborhoods are more heavily impacted by porch lights and landscape lights than the lighting that would be produced by the proposed billboard (Watchfire, 2016, p. 4). Additionally, City of Baldwin Park Municipal Code § 153.170.105, Digital Billboard Replacement, regulates the operation of digital billboards with respect to illumination. As stated in § 153.170.105, a digital billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of 250 feet perpendicular to the display face of the Digital Billboard. As shown on Figure 6-2 and Figure 6-3, the lighting study demonstrates that the illumination produced by the proposed billboard would not exceed 0.3 foot candles at 250 feet at any angle from its west -facing or east -facing sides. Furthermore, the billboard would be required to be equipped with a light sensing device that would automatically adjust the billboard's brightness in order to meet the light intensity requirement with respect to changes in ambient light conditions. Compliance with the aforementioned requirements and the requirements of § 153.170.105 of the City's Municipal Code would ensure that the Project does not result in substantial light and/or glare impacts. sthe ids; 1 iti atnoi�r Measures Implementation of the proposed Project would result in less -than -significant impacts associated with aesthetics. Therefore, no mitigation measures are required. 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 6-5 ON Mitigated Negative Declaration 6.0 Environmental Analysis Light values in ftx) t -ca n dies at night under tyPical operation. b'murr(n): II'arrl�n (0I-14-7016) Figure 6-2 i! ;„ BILLBOARD LIGHTING INTENSITY FACING WEST 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-6 ON NOMitigated Negative Declaration 6.0 Environmental Analysis Light vahies in fbot-candles at night under tyPical opewtion, S., -K,); 1140,f- (09-14-2016) Figure 6-3 m n BILLBOARD LIGHTING INTENSITY (FACING EAST) 1919 Puenfe, Avenue Billboard Lead Agency: City of Baldwln Park Page 6-7 No Mitigated Negative Declaration 6.1.2 Agdoulture and Forestry Resources Environmental Issue Ar77�ned 7T Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to on -agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51 / 04(g))? Result.......in the loss of forest land or conversion of forest land to non -forest use? ) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? a) Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Finding: No Impact. The Project site is completely developed with commercial land uses. In addition, the Project site does not contain any soils mapped by the California Department of Conservation (CDC) as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. No impact would occur and mitigation is not required. The City of Baldwin Park is mostly built -out and does not contain any significant agricultural resources. According to mapping conducted by the CDC as part of the Farmland Mapping & Monitoring Program (FMMP), the Project site is identified as containing "Other Land." The Project site and surrounding areas do not contain any soils mapped by the CDC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. (CDC, 2014) Accordingly, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Thus, no impact would occur and no mitigation is required. b) Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract? Finding: No Impact. According to information available from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park. The Project has no potential to conflict with 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-8 6.0 Environmental Analysis Potentially Less Than Significant Less than Significant with Mitigation Significant No Impact Impact Incorporated Impact El El El 0 ❑ ❑ ❑ 11 171 ❑ ❑ ❑ 0 a) Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Finding: No Impact. The Project site is completely developed with commercial land uses. In addition, the Project site does not contain any soils mapped by the California Department of Conservation (CDC) as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. No impact would occur and mitigation is not required. The City of Baldwin Park is mostly built -out and does not contain any significant agricultural resources. According to mapping conducted by the CDC as part of the Farmland Mapping & Monitoring Program (FMMP), the Project site is identified as containing "Other Land." The Project site and surrounding areas do not contain any soils mapped by the CDC as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. (CDC, 2014) Accordingly, implementation of the proposed Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Thus, no impact would occur and no mitigation is required. b) Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract? Finding: No Impact. According to information available from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park. The Project has no potential to conflict with 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-8 NO .. Mitigated Negative Declaration 6.0 Environmental Analysis existing zoning for agricultural use, or a Williamson Act Contract. No impact would occur and mitigation is not required. The Project site and areas to the north, east, and west are zoned Freeway Commercial (FC). Properties located to the south of the Project site are zoned as General Commercial (C2). There are no existing or proposed agricultural zoning designations affecting the Project site or surrounding area. As such, the Project has no potential to conflict with agricultural zoning designations, and no impact would occur. According to information available from the California Department of Conservation (CDC), there are no agricultural lands subject to a Williamson Act Contract within the City of Baldwin Park (CDC, 2016). Accordingly, the proposed Project would not conflict with a Williamson Act contract. No impact would occur and no mitigation is required. c) Would the Project conflict with existing zoning for, or cause rezoning of forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Finding: No Impact. The Project site is zoned for and developed with commercial land uses. Accordingly, the proposed Project has no potential to conflict with existing forest land, timberland, or timberland zoned Timberland Production areas. No impact would occur and mitigation is not required. The Project site and surrounding areas are developed with commercial uses under existing conditions. There are no forest resources on the Project site or within the vicinity of the Project site. There are no lands within the City of Baldwin Park, including the Project site and properties surrounding the Project site, that are zoned for forest land, timberland, or timberland zoned Timberland Production (Baldwin Park, 2002a, Fig. LU -6). Accordingly, the proposed Project has no potential to impact properties zoned for forest land, timberland, or timberland zoned Timberland Production. As such, no impact would occur and no mitigation is required. d) Would the Project result in the loss of forest land or conversion of forest land to non -forest use? Finding: No Impact. The Project site is comprised of developed commercial land uses. Accordingly, the proposed Project would not result in the loss of forest land or conversion of forest land to non -forest use. No impact would occur and mitigation is not required. The City of Baldwin Park, including the Project site and properties surrounding the Project site, does not contain any forest lands. Under existing conditions, the Project site is developed with commercial uses and contains only limited ornamental landscaping. Accordingly, the proposed Project has no potential to result in the loss of forest land or the conversion of forest land to non -forest use. No impact would occur and no mitigation is required. e) Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Finding: No Impact. The proposed Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of 1919 Puente Avenue BillboarW........._..,.�...m.m___m_--....� . .. .... ...................�_ ._.. `�...d Lead Agency, City of Baldwin Park Page 6-9 No �i Mitigated Negative Declaration„�.................�................................ �. 6.0 Environmental Analysis Farmland to non-agricultural use or the conversion of forest land to non -forest use. No impact would occur and mitigation is not required. As indicated in the analyses presented above under Thresholds a) through d), the Project site and surrounding areas do not contain any lands that are used for farmland or forest land. Accordingly, the proposed Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or the conversion of forest land to non -forest use. Thus, no impact would occur and no mitigation is required. ric uitrlrW alld Fol estry R s nae e I if: tiarmlm_Measures The Project would result in no impact to agriculture and forestry resources. Therefore, no mitigation measures are required. 6.1.5 Ar QualNy Potentially Less Than SignificantT7LessnEnvironmental Issue Areas Examined Significant with Mitigation nt No Impact Impact Incorporated t Would the Project: a) Conflict with or obstruct implementation of the l,.,l ❑ ❑ C� applicable air quality plan? b) Violate any air quality standard or contribute to ❑ I an existing or projected air quality violation? C) Result in a cumulatively considerable net ❑ ❑i Q [ increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? .�..... d) Expose sensitive receptors to substantial 2 ❑ pollutant concentrations? m� .._............_ ............ .... -aaa - _ as .... _..... _-.....- e) Create objectionable odors affecting a ❑ substantial number of people? Ali- ) raklmpct_ Analysis The information and analysis discussion provided within this Subsection is derived from the Project - specific Air Quality Emission Calculations prepared by Urban Crossroads and included as Technical Appendix B to this MND. The Air Quality Emission Calculations were prepared in order to evaluate the potential impacts to air quality associated with construction and operation of the proposed Project. The Air Quality Emission Calculations used the California Emissions Estimator ModelTM (CaIEEMod) to calculate construction -source and operational -source criteria pollutant emissions that would result from the Project. Criteria pollutants are pollutants that are regulated through the development of human health -based and/or environmentally -based criteria for setting permissible levels. Criteria pollutants include ozone (03), nitrogen oxides (NO),), volatile organic compounds (VOCs), particulate matter less than 10 microns (PMio), particulate matter less than 2.5 microns (PM2.5), sulfur dioxide (SO2), carbon monoxide (CO), reactive organic gases (ROGs), and lead. As discussed in Section 3.5, the Project site is located within the SCAB, a 6,745 -square mile sub -region of the South Coast Air Quality Management District (SCAQMD). The SCAB is bound by the Pacific 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 6-10 No Mitigated Negative Declaration 6.0 Environmental Analysis Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south. a) Would the Project conflict with or obstruct implementation of the applicable air quality plan? Finding: No Impact. The proposed Project would not conflict or obstruct implementation of the SCAQMD's 2012 Air Quality Management Plan (AQMP). No impacts would occur and mitigation is not required. The SCAQMD has adopted a series of AQMPs to meet State and Federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions and accommodate growth. The most recent AQMP (2012) was adopted by the SCAQMD Governing Board on December 7, 2012. A 2016 update to the 2012 AQMP is in draft form, but because the 2016 update is not yet approved by the SCAQMD, 2012 AQMP is the relevant management plan. The SCAQMD established criteria for determining consistency with their AQMP, which are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD CEQA Air Quality Handbook and are discussed below. (on srst ncyt rit rion No. I.: The Project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Con.sisten( ait r aan I""o, 2: The Project will not exceed the assumptions in the AQMP based on the years of Project build -out phase. Implementation of the proposed Project would entail the installation of a digital billboard, the construction and operation of which would not result in an increase in the frequency or severity of existing air quality violations, nor would it cause or contribute to new violations that would inhibit attainment of air quality standards specified in the AQMP. For calculations of the Project's air emissions, refer to Threshold 6.1.3(b), below. Additionally, the proposed Project would not affect any regional population, housing, and employment projections prepared for the City of Baldwin Park by SCAG, and therefore would not exceed the assumptions in the AQMP. As a result, the proposed Project would not conflict with, or obstruct the implementation of, the applicable air quality plan and no impacts would occur. b) Would the Project violate any air quality standard or contribute to an existing or projected air quality violation? Finding: L ess•�th;ko-Sign ificarIt . Lo tct. Construction and operation of the Project would not violate any air quality standard or contribute to an existing or projected air quality violation. As such, no mitigation measures are necessary. The Project site is located within the SCAB and within the jurisdiction of the SCAQMD. The SCAB does not attain State of California air quality standards for 03, PM1o, or PM2.5, and does not meet federal air quality standards for 03 or PM2.5 (SCAQMD, 2013, Ch. 2). To identify projects that will adversely affect the region's air quality through direct and indirect sources, the SCAQMD has developed regional significance thresholds for regulated pollutants, shown below in Table 6-I, SCAQMD Maximum Regional Daily Emissions Thresholds. The SCAQMD's CEQA Air Quality Significance Thresholds (March 2015) indicate that any projects in the SCAB with daily regional emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant air quality impact. Additionally, the SCAQMD has established that impacts to air quality are significant if there is a potential 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-11 g g Environmental Analysis No Mitigated Negative Declaration 6.0 Enviro .... to contribute to or cause localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS). Collectively, these are referred to as Regional Significance Thresholds, which are shown in Table 6-1. Thus, if the proposed Project would produce air emissions that equal or exceed any of the criteria listed in Table 6-1, the emissions will be considered significant on both a direct and cumulative basis. Table 6-1 SCARMD Maximum Regional Dally Emissions Thresholds Regional Significance Thresholds Pollutant Construction Operations _.......... ..... � NOx 100 lbs/day ............... _re...._.... . 55 lbs/day ....VOC......�. 75 lbs/day 55 lbs/day _...._....._._ �� PM io �150�Ibs/day...................._........... 1501bs/day .. ............... ....... PM1.5 55 lbs/day 55 lbs/day sox 150 lbs/day 150 lbs/day CO 550 lbs/day 550 lbs/day --.Lead ..... 3 lbs/da y 3..--.. .......... lbs/day Source: SCAQMD Air Quality Significance'Threshoids, March 2015 Air quality impacts/emissions associated with a project can be placed into two categories: temporary (short-term) or long-term emissions. Temporary (short-term) emissions are generally associated with the demolition, grading, and construction activities of the project while long-term emissions are associated with the day-to-day operation, use, and area emissions from such activities as vehicle use, consumer product use, and energy generation/consumption. Construction -Related Alr Pollutant Er Issions The Project's construction -related air pollutant emissions were calculated by Urban Crossroads, Inc. using the CalEEMod modeling program. The CaIEEMod calculations are included as Technical Appendix B, and are presented in Table 6-2, Summary of Construction -Related Emissions. Table 6-2 presents the Project's calculated maximum daily construction emissions for each pollutant prior to the incorporation of mitigation or compliance with mandatory regulatory requirements. As shown in Table 6-2, the maximum daily construction -related emissions for the proposed Project would be well below the SCAQMD's significance thresholds for all regulated air pollutants. Additionally, these emissions would be short-term and cease at the completion of construction activity. As such, air quality impacts associated with construction -related emissions would be less than significant, and no mitigation is necessary. Table 6-2 Construction -Related Activities Maximum Daily Emissions SCAQMD Regional Threshold Summary of Constructlon-Related Emissions Threshold Exceeded? INO Source: (Urban Crossroads, 2016, Table I 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Emissions (pounds per day) NOx_ CO sox Pil 24.68 10.86 10.03 1.06 100 1550 150 1150 NO NO NO 0.91 55 NO Page 6-12 No Mitigated Negative Declaration 6.0 Environmental Analysis Qperation-Re&ated Air Pollutant Emissions The Project's operation -related emissions were calculated by Urban Crossroads, Inc. using the CaIEEMod modeling program, and are included as Technical Appendix B. Table 6-3, Summary of Operation - Related Emissions, presents the emissions calculated to result from the day-to-day operation and maintenance of the proposed digital billboard, which includes energy source emissions, as well as mobile source emissions (vehicle operation) associated with routine maintenance of the billboard. On average, the operation of the proposed billboard would require an input of 6,500 kilowatt hours (kWh) of energy per month and would generate a maximum of one two-way trip approximately six to eight times per year (for maintenance purposes). No mitigation measures were employed in the modeling and calculation of the emissions. As shown in Table 6-3, the Project's operational emissions would not exceed the SCAQMD regional significance thresholds for any criteria pollutants. Therefore, long-term operational air quality emissions associated with the Project would be less than significant, and no mitigation is required. Table 6-3 Summary of Operation -Related Emissions Operational Activities (Summer and Emissions (pounds per day) Winter Scenarios) VOC40.04 OS, CO SO., Pli Total Maximum Daily Emissions 0.01 10.15 10.00 0.03 SCAQMD Regional Threshold Exceei ource: (Urban Cr sroads, 2016, Table 2) 550 1150 1150 NO INO 11 NO 0.01 55 NO Based on the foregoing analyses, the construction- and operation -related emissions of the Project would not violate any air quality standard or contribute to an existing or projected air quality violation and a less -than -significant impact would occur. c) Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Finding: Less th fr Sigr iti,all ..1111pracrn. Construction and operation of the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non -attainment under an applicable federal or state ambient air quality standard. Impacts would be less than significant and mitigation is not required. As previously discussed, the SCAB does not achieve the State of California standards for 03, PM1o, and PM2.5, and also does not achieve federal standards for 03 and PM2.5 (SCAQMD, 2013, Ch. 2). As indicated in the discussion and analysis of Threshold b) above, Project -related emissions of air pollutants would not exceed the SCAQMD's regional thresholds of significance for any criteria pollutants. Projects that produce daily emissions below the project -specific significance thresholds are considered by the SCAQMD to be less than cumulatively considerable; as such, Project -specific and cumulative significance thresholds are the same. Therefore, because the Project would not result in emissions that exceed the SCAQMD's regional thresholds of significance, the Project would not result in a cumulatively considerable net increase in emissions. Furthermore, Project -related construction activities would not exceed the SCAQMD's regional significance thresholds. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-13 No Mitigated Negative Declaration 6.0 Environmental Analysis Accordingly, implementation of the Project would not substantially contribute to a net increase of any criteria pollutant for which the Project region is non -attainment or is considered an 03 precursor; therefore, impacts would be less than significant and less than cumulatively considerable. Would the Project expose sensitive receptors to substantial pollutant concentrations. Finding: Less tha SjgL1,fiq nt. I!nn - ct., The Project would not expose sensitive receptors to substantial construction- or operations -related pollutant concentrations. Additionally, the Project would not result in the generation of a CO "hot spot." Impacts would be less than significant and no mitigation is required. A "sensitive receptor" is a person in the population who is particularly susceptible to health effects due to exposure to an air contaminant than is the population at large. Sensitive receptors and associated facilities that house them in proximity to local CO sources, toxic air contaminants, or odors are of particular concern in the evaluation of potential pollutant concentrations. Sensitive receptors include children, the elderly, persons with preexisting respiratory or cardiovascular illness, and athletes and others who engage in frequent, heavy cardiovascular exercise. Sensitive receptors located nearest the Project site include the residences located to the southeast, southwest, and northeast of the Project site. As described in Threshold b), above, Project -related construction and operation would not produce emissions above the SCAQMD's regional thresholds of significance. In addition, due to the nature of the Project (proposed stationary digital billboard), its trip generation would be nominal at one two-way trip approximately six to eight times per year, for billboard maintenance. A maximum of one two-way trip approximately six to eight times per year is not significant enough to result in a CO "hotspot" that could lead to an exceedance of the State's CO standards. Accordingly, no substantial pollutant concentrations would result from the Project's construction or operation and a less -than -significant impact to sensitive receptors would occur. e) Would the Project create objectionable odors affecting a substantial number of people? Finding: L s - Ni n- i, nGfica.N1t 1s-9pAa . Impacts associated with odors generated during the proposed Project's construction and long-term operation would be less than significant, and mitigation is not required. The proposed Project would involve the construction and operation of a digital billboard, which is not a land use typically associated with emitting objectionable odors. Potential temporary odor sources associated with the construction of the proposed Project may result from construction equipment exhaust and the application of asphalt (if necessary for Project construction). Construction -related odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phases of construction. In addition, these types of odors are common in construction activities and are not considered to be offensive or objectionable to a large portion of the population. As such, odor emissions associated with construction activities is considered less than significant. The Project's construction -generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City's solid waste regulations. The proposed Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances related to odors. Therefore, odors associated with construction and operation of the Project would be less than significant and no mitigation is required. AiL„Q Laji Mk4!ation Measures 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-14 No Mitigated Negative Declaration 6.0 Environmental Analysis The proposed Project would result in less -than -significant impacts to air quality; accordingly, mitigation measures are not required. 6.1.4 Biological Resources Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact the Project: a) Have a substantial adverse effect, either 1:1 ❑ ❑ Q directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b substantial Have a .._ - s bstantial adverse effect on any ❑ ...... ❑ ❑ Q riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish andWildlife Service? ........................ .......... c) Have a substantial adverse effect on federally ❑ ❑ Q protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ...._...�.. -_ ... ........ d) Interfere substantia..f.._-..... _-_...-� I y with the movement of � ❑I ❑ ❑ Q any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? --..__._ ..... ..............�. .�- e) Conflict with any local policies or ordinances ❑ ❑ 13 Q protecting biological resources, such as a tree preservation policy or ordinance? �`�.. Con id with t f) WWWWWWWW with provisions of an adopted ff ❑ ❑ (� Q Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Would the Project have a substantial adverse effect either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Finding: No Impact. The Project site is developed with commercial land uses, and does not contain habitat of sufficient importance to species regulated by the California Department of Fish and Wildlife (CDFW) or the U.S. Fish and Wildlife Service (USFWS). Under existing conditions, the Project site is developed with a motorcycle dealership, asphalt -paved parking lot, ornamental landscaping, and hardscape. The proposed 10 -foot by 10 -foot disturbance area of on the northwestern portion of the Project site does not contain native habitat or sensitive plant 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 6-15 ON N E]Mitigated Negative mmDeclaration 6.0 Environmental Analysis ............. species or vegetation that serve as habitat to sensitive animal species. Accordingly, no impacts to sensitive species would occur and no mitigation measures are necessary. b) Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Finding: No Impact. The Project would have no potential to impact riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW and USFWS. The Project site is developed with commercial land uses under existing conditions. The Project site does not contain riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or the USFWS. Accordingly, no impact to riparian habitat would occur. c) Would the Project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Finding: No Impact. The Project would have no impact on federally protected wetlands as defined by Section 404 of the Clean Water Act. The Project site is developed with commercial land uses and does not contain any wetlands. Accordingly, the proposed Project would have no impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? Finding: No Impact. The proposed Project would not interfere with native resident or migratory fish or wildlife species movement, wildlife corridors, or native wildlife nursery sites. No impact would occur and mitigation is not required. Under existing conditions, the Project site is developed with a motorcycle dealership, asphalt -paved parking lot, ornamental landscaping, and hardscape. Under existing conditions, the Project site does not provide habitat for native species, is not part of a terrestrial wildlife movement corridor, and does not serve as a native wildlife nursery site. The Project does not entail the removal of any trees or other vegetation where nesting birds may be present. Regardless, mandatory compliance with the federal Migratory Bird Treaty Act (MBTA) would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site during construction activities. Accordingly, implementation of the proposed Project would have no potential to interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or with the use of native wildlife nursery sites. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-16 No Mitigated Negative Declaration �6.0 Environmental Analysis e) Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Finding: No Impact. The proposed Project would not conflict with any local policies or ordinances protecting biological resources. Additionally, no trees would be removed during the Project's construction or operation phases. Therefore, no impact would occur and mitigation is not required. The Project site is developed with commercial uses under existing conditions. No vegetation would be removed during the Project's construction or operation phases. Additionally, mandatory compliance with the federal MBTA would preclude impacts to nesting birds in the unlikely event that nesting birds are present at the site at the time of construction. There are no other local policies or ordinances protecting biological resources that are applicable to the proposed Project; accordingly, no impact due to a conflict with any local policies or ordinances protecting biological resources would occur as a result of Project implementation. f) Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding: No Impact. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. According to the CDFW, there are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site (CDFW, 2015). Accordingly, the Project has no potential to conflict with any of the above and no impact would occur. 41010 ic<al Rsourcvs: Midi at n Me-giugs- Implementation of the proposed Project would not result in no impact to biological resources; accordingly, mitigation measures are not required. 6.1.5 Cultural Resources Potentially Less Than significant Less than Environmental Issue Areas Examined Significant with Mitigation significant No Impact Impact Incorporated Impact Would the Project: � a) Cause a substantial adverse change in the El � ❑ � significance of a historical resource as defined in § 15064.5? �_ .. .........-m..-.., w................................�. b) .. Ca ... .m. use a substantial adverse change in the ❑ significance of an archaeological resource pursuant to § 15064.5? .._.__ C) Directly or indirectly destroy a unique .......] ❑..� Q paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those ❑ interred outside of formal cemeteries? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-17 No Mitigated Negative Declaration 6.0 Environmental Analysis Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact e) Cause a substantial adverse change in the ❑ ❑ p ❑ significance of a tribal cultural resource as defined in Public Resources Code § 210742 a) Would the Project cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? Finding: No Impact. No significant historic resources are located on the Project site and no significant historic resources would be impacted by the construction or operation of the proposed Project. Accordingly, the proposed Project would not cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 and no impact would occur. None of the Project site's existing features are included on the National Register of Historic Places, the California Register of Historical Resources, or the California Historic Resources Information System (NPS, 2014; OHP, 2016). Thus, because the existing structure on the Project site is not on federal, State, or local lists of designated historic resources and not eligible for listing, the building is not historically significant as defined by CEQA Guidelines § 15064.5 and no impact to historical resources would occur. b) Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Finding: Less -than -Significant lnw act with Mltl atlon Incorporated. There is a remote potential for archaeological resources to be unearthed during the Project's ground -disturbing construction activities. Mitigation Measures MM CR -I through MM CR -3 would ensure that impacts to any archaeological resources unearthed during construction activities are reduced to a level below significance. There is a remote potential for archaeological resources to be unearthed during the Project's ground - disturbing construction activities. However, given the small proposed area of disturbance and the currently disturbed condition of the proposed 10 -foot by 10 -foot area where subsurface disturbance would occur, it is highly unlikely that resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources. Although unlikely, if significant archaeological resources are unearthed during ground disturbance activities, a potentially significant impact would occur if the resource is not properly identified and appropriately treated. Thus, mitigation is required to ensure that potentially significant archaeological resources are properly identified and appropriately treated. With implementation of Mitigation Measure MM CR -I through MM CR -3 (see below), the Project's potential impact to archaeological resources would be reduced to levels that are less than significant. c) Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Finding: No impact. Due to the existing fully developed nature of the Project site, and the limited excavation activity proposed as part of the Project's construction, no significant paleontological or unique geological resources are likely to be impacted. 1919 Puente Avenue Billboard........�.�.�.�......—_........�...............................................................�� ......__..m.....m...............m...... Lead Agency: City of Baldwin Park Page 6-18 Environmental Analysis � No Mitigated Negative Declaration � 6.0 Environ Due to the fully developed nature of the Project site under existing conditions, the likelihood of the discovery of a unique paleontological resource or geologic feature during construction activities is considered very low. Additionally, the limited degree of excavation required to install the proposed billboard column and associated infrastructure connections would not likely result in substantial impacts to unique geologic features or surficial paleontological resources. Due to the existing disturbed character of the underlying soil at the Project site and the limited extent of excavation (a borehole 5' in diameter and 42' deep) that would be required to construct the Project, there would be no impacts to unique geologic features or surficial paleontological resources. d) Would the Project disturb an human remains, including m �.................. ��s? y ding those interred outside o f formal cemeteries? Finding: No Impact. In the unlikely event that Project construction activities unearth human remains, mandatory compliance with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98(b) would ensure that no impacts would occur. The Project site is not known to have ever been used as a cemetery. The possibility of uncovering human remains during Project -related grading activities is also remote due to fact that the previous development of the site has substantially disturbed the subsurface of the site. Pursuant to California Health and Safety Code Section 7050.5, in the unlikely event human remains are encountered during ground -disturbing activities, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin. Pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Mandatory compliance with these requirements would ensure that potential impacts associated with the discovery of human remains would not occur. e) Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code § 21074 Finding: 1- ss-tha SSigajfl r t Nmpa t. There is a remote potential for archaeological resources to be unearthed during the Project's ground -disturbing construction activities; however, it is highly unlikely that resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources. As such, and in consideration of the mitigation measures associated with Threshold b), impacts would be less than significant. The provisions of Public Resources Code § 21074 were established pursuant to Assembly Bill 52 (AB 52). Pursuant to § I I (c) of AB 52, the provisions of AB 52 apply to projects that have a notice of preparation (NOP) or a notice of negative declaration or mitigated negative declaration filed on or after July 1, 2015. Accordingly, the Project is subject to the provisions of AB 52. As part of the AB 52 consultation processes required by State law, the City of Baldwin Park sent notification of the proposed Project on November 23, 2016 to the Native American tribes with possible traditional or cultural affiliation to the area. On December 13, 2016, the Gabrieleno Band of Mission Indians - Kizh Nation (herein, "Tribe") responded by letter to the City of Baldwin Park. The response letter from the Tribe did not identify any tribal cultural resources known to exist on the Project site; however, the Tribe requested that a certified Native American Monitor of the Tribe be on-site during 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-19 Mitigated Negative Declaration i 6.0 Environmental Analysis Project -related ground disturbances in order to protect cultural resources potentially encountered. The City of Baldwin Park did not receive a response from any other Native American tribes within the allotted 30 -day response period that concluded on December 23, 2016. According to CEQA Statute § 21074(a), "Tribal cultural resources" are either of the following: (I) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following. (A) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1 [listing in the California Register of Historical Resources]. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. As indicated above in Threshold b), there is a remote potential for archaeological resources to be unearthed during the Project's ground -disturbing construction activities; however, given the small area to be disturbed by the Project and the disturbed nature of the fully developed site, it is highly unlikely that archaeological resources, if unearthed, would be eligible for inclusion in the California Register of Historical Resources. Further, there are no features on the Project that indicate that the resources that may be unearthed, if any, would qualify as tribal cultural resources under the Public Resources Code definition. As such, and in consideration of the mitigation measures associated with Threshold b), impacts would be less than significant. C w,ltuf-alRegour s Mit ation Measures MM CR -I: Arc aeol'o ical Monitoring, Prior to the issuance of a grading permit, the Project Applicant or construction contractor shall provide evidence to the City of Baldwin Park that the construction site supervisors and crew members involved with grading and trenching operations are trained to recognize archaeological resources, should such resources be unearthed during ground - disturbing construction activities. If a suspected archaeological resource is identified on the property, the construction supervisor shall be required by his contract to immediately halt subsurface ground -disturbing activities and seek identification and evaluation of the suspected resource by a professional archaeologist. This requirement shall be noted on all grading plans and the construction contractor shall be obligated to comply with the note. The archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 15064.5(a). If the resource is not a significant archaeological resource, further mitigation is not required. If the resource is significant, Mitigation Measure MM CR -3 shall apply. MM CR -2: at1v „Americana lonit'or n Prior to the commencement of ground -disturbing activities or grading permits, the Project Applicant shall provide evidence to the City of Baldwin Park that Native American representatives from the Gabrieleno Band of Mission Indians - Kizh Nation shall be allowed to monitor earth -moving activities and have received or will receive a minimum 15 days' advance notice of ground -disturbing activities in previously undisturbed soils. MM 'R A jm l,i s; ig �fl nt. r tl r ire gical Re ourcaL. If a significant archaeological resource(s) is discovered, the archaeological monitor, representative of the Gabrieleno Band of Mission Indians - 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-20 No Mitigated Negative Declaration 6.0 Environmental Analysis Kizh Nation, the Project Applicant, and the City of Baldwin Park Community Development Department shall confer regarding mitigation of the discovered resource(s) pursuant to California Public Resources Code Section 21083.2. A treatment plan shall be prepared, approved by the City of Baldwin Park Community Development Department, and implemented by the archaeologist. 6.1.6 Geology and Solis 'otentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact ..._ ........ Incorporated .. . .................mm. Impact. Impact _....__ Would the Project: a) Expose people or structures to potential ❑ 0 0 D substantial adverse effects, including the risk of loss, injury, or death involving: _- -�� a) Rupture of a known earthquake fault as ❑', ❑ ❑ I delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? ❑ ❑ Q ❑ iii) Seismic -related ground failure, including 0 D p ❑ liquefaction? iv) Landslides?' ❑ 11 ID 0 s soil erosion or the loss o f b mm J Result in substantial ❑ ❑ ._..� ❑ _.._....._ 0 topsoil? .............. _ C) Be located on a geologWicWWunit or soil that is ❑ ❑ Q ❑ unstable, or that would become unstable as a result of the project and potentially result in on - or of -site landslide, lateral spreading subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in ❑ ❑ ❑ Q Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ ❑ ❑ [. the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal o f waste water? a) Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? Finding: Less- than-Signjficant Iln`i. With mandatory adherence to the 2016 California Building Code the proposed Project would not significantly expose people or structures to potential adverse effects, including the risk of loss, injury, or death involving rupture of a ._. .._._... .............. . ....... 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-21 ME Mitigated NegativeeuDeclaration known earthquake fault as delineated Fault Zoning Map issued by the State substantial evidence of a known fault, ground failure (including liquefaction), significant and no mitigation is required. 6.0 Environmental Analysis on the most recent Alquist-Priolo Earthquake Geologist for the area, or based on other strong seismic ground shaking, seismic -related and landslides. Impacts would be less than a.i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault There are no known faults on the Project site and the Project site is not located within an Alquist-Priolo earthquake fault zone (USGS, 2016). As such, there is no potential for ground rupture at the site. a.ii) Strong seismic ground shaking Southern California is a seismically active area and properties in the City of Baldwin Park, including the Project site, are subject to periodic ground shaking and other effects from earthquake activity along nearby and regional faults. Fault zones in the regional vicinity with the potential to cause moderate ground shaking in the City of Baldwin Park include the San Andreas Fault Zone, the Sierra Madre Fault Zone, the Newport -Inglewood Fault, the Norwalk Fault, and the Whittier Fault (USGS, 2016). Similar to all other development projects within Southern California, the Project has the potential to expose people or structures to adverse effects associated with seismic events. The Project would be required to comply with the most current California Building Code (CBC), which requires the incorporation of special structural design standards to attenuate hazards associated with credible seismic ground shaking events that are anticipated in the Project area. Compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects are attenuated. As such, impacts would be less than significant and mitigation is not required. a.iii) Seismic -related ground failure, including liquefaction The Project site is located within a current mapped California Liquefaction Hazard Zone (CDC, 1999). Liquefaction typically occurs in loose granular and cohesionless soils with shallow groundwater (within approximately 50 feet below ground surface [bgs]). During an earthquake, distortion of soil mass occurs and pore pressure increases resulting in a decrease in bearing capacity. After dissipation of the excess pore pressures, the saturated soils tend to settle. According to the City's General Plan EIR, data provided by water service providers in Baldwin Park indicate that the depth to groundwater throughout the City is greater than 50 feet bgs; therefore, the potential for liquefaction hazard is low (Baldwin Park, 2002b, p. 89). Nonetheless, compliance with applicable requirements of the CBC would be assured through future City review of construction permits, which would require that strong seismic ground shaking effects, that may lead to liquefaction are attenuated. As such, impacts would be less than significant and mitigation is not required. o.iv) Landslides The Project site is not located within a current mapped California Earthquake -Induced Landslide Hazard Zone (CDC, 1999). Additionally, the Project site and surrounding area is generally flat and lacking of prominent topographical features. As such, no impacts related to landslide would occur and mitigation is not required. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-22 No gated N g �............ Miti � e ative Declaration mm 6.0 Environmental Analysis b) Would the Project result in substantial soil erosion or the loss of topsoil? Finding: No Impact. The proposed Project would not result in substantial soil erosion or the loss of topsoil. No impacts related to soil erosion or loss of topsoil would occur and no mitigation is required. Under existing conditions, the entirety of the Project site is developed and limited excavation would be required for installation of the billboard support column and associated utility connections. Project excavation would remove approximately 589.05 cubic feet of soil from the northwestern corner of the Project site; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located 4.1 miles southwest of the Project site. Given the currently developed character of the Project site, the limited area of disturbance, and the fact that excavated soil would not be left on-site to erode, no impacts related to soil erosion or loss of topsoil would be anticipated. Additionally, the long-term operation of the Project as a digital billboard would not result in increased erosion effects and would not increase the volume or velocity of water discharged from the site. Accordingly, no impacts related to soil erosion or loss of topsoil would occur and no mitigation is required. c) Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or offsite landslide, lateral spreading subsidence, liquefaction or collapse? Finding: L ss-than-5i5igrtditi ant lt'�Aiqt, The proposed Project would not be located on a geologic unit or soil that is unstable that would potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Mandatory compliance with the CBC would result in less than significant impacts and no mitigation would be required. Potential landslide, lateral spreading, soil stability, and liquefaction hazards are addressed above under the discussion and analysis of Thresholds a) and b). As discussed under Thresholds a) and b), with mandatory compliance with applicable requirements and standards of the CBC, impacts due to landslides and liquefaction would be less than significant and mitigation is not required. Additionally, the entirety of the Project site is fully developed and the likelihood for the Project to be subject to unstable soils is low. The billboard column is proposed to be secured to a footing installed at a depth of 42 feet bgs to ensure stability. Based on the foregoing analysis, and with mandatory compliance with the CBC requirements, the proposed Project would result in less -than -significant impacts due to unstable soil conditions that could result in on- or off-site landslides, lateral spreading, subsidence, liquefaction, and collapse. d) Would the Project be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Finding: No Impact. The Project would not be subject to substantial risks to life or property associated with expansive soils. No impact would occur and mitigation is not required. The Project site is fully developed under existing conditions. Additionally, no new grading or significant excavation activities would not be required as part of the construction of the proposed billboard. The billboard column is proposed to be secured in a 42 -foot deep footing to ensure stability. Accordingly, the Project would not create a substantial risk to life or property associated with expansive soils, and no impact would occur. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-23 No Mitigate Negative Declaration 6.0 Environmental Analysis ................� ..............._... ..mm.� e) Would the Project have soils incapable of adequately supporting the use septic is tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Finding: No Impact. No septic tanks or alternative waste water disposal systems would be utilized by the Project or are proposed as part of the Project; accordingly, no impact due to soils incapable of supporting such systems would occur. Mitigation is not required. The proposed Project is a digital billboard, and would not utilize septic tanks or alternative wastewater disposal systems. Accordingly, no impact would occur. t eoNog nd Soils iti . — I '-- a— Implementation of the proposed Project would not result in potentially significant impacts to geology and/or soils; accordingly, mitigation measures are not required. 6.1.7 Greenhouse Gas Emissions Potentially Less Than SigniTicant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact Would the Pr° ect. _ mmmmmm a) Generate greenhouse gas emissions, eithermmmm Cl 0 El directly or indirectly, that may have a significant impact on the environment? ... b) f. p ... p....�� Conflict with an a licable Ian, policy or El 0 0Q regulation adopted for the purpose of reducing the emissions of greenhouse gases? Global Climate Change Global Climate Change (GCC) is defined as the change in average meteorological conditions on the Earth with respect to temperature, precipitation, and storms. These historical changes to the Earth's climate have occurred naturally without human influence, as in the case of an ice age. However, many scientists believe that the climate shift taking place since the industrial revolution (1900) is occurring at a quicker rate and magnitude than in the past. Scientific evidence suggests that GCC is the result of increased concentrations of GHGs in the Earth's atmosphere, including carbon dioxide, methane, nitrous oxide, and fluorinated gases. Many scientists believe that this increased rate of climate change is the result of GHGs resulting from human activity and industrialization over the past 200 years. An individual project like the proposed Project cannot generate enough GHG emissions to effect a discernible change in global climate. However, the proposed Project may participate in the potential for GCC by its incremental contribution of GHGs combined with the cumulative increase of all other sources of GHGs, which when taken together constitute potential influences on GCC. Greenhouse Gases GHGs are gases that trap heat in the atmosphere, and are released into the atmosphere by both natural and anthropogenic (human) activity. Emissions of carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O) are the primary contributors to GCC from development projects. Although other substances such as fluorinated gases also contribute to GCC, sources of fluorinated gases are not well- defined and no accepted emissions factors or methodology exist to accurately calculate these gases. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-24 ON Mitigated Negative Declaration 6.0 Environmental Analysis GHGs have varying global warming potential (GWP) values; GWP values represent the potential of a gas to trap heat in the atmosphere. Determination of Significance Thresholds In 2012, SCAQMD released a draft guidance for greenhouse gas emission thresholds for residential and commercial projects, which presents the following thresholds for evaluating GHG emissions from such projects: Tier I: If the project is exempt under existing statutory or categorical exemptions there is a presumption of "less -than -significant" impacts with respect to climate change. Tier 2: If the project's GHG emissions are within the GHG budgets in an approved regional plan (plans consistent with CEQA sections 15064(h)(3), 15125(d), or 15152(s)), there is a presumption of "less -than -significant" impacts with respect to climate change. Tier 3: Consists of screening values at the discretion of the lead agency; however, they should be consistent for all projects within its jurisdiction. Project -related construction emissions should be amortized over 30 years and should be added back the project's operational emissions. The following thresholds are proposed for consideration: 0 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year for all land use types; or 0 3,500 MTCO2e per year for residential; 1,400 MTCO2e per year for commercial; or 3,000 MTCO2e per year for mixed-use projects. • Tier 4: Does the project meet one of the following performance standards? If yes, there is a presumption of "less -than -significant" impacts with respect to climate change. o Option I: Reduce emissions from business as usual by a certain percentage (currently undefined); o Option 2: Early implementation of applicable AB 32 Scoping Plan measures; or o Option 3: A project -level efficiency target of 4.8 MTCO2e per service population as a 2020 target and 3.0 MTCO2e per service population as a 2035 target. The recommended plan - level target for 2020 is 6.6 MTCO2e and the plan level target for 2035 is 4.1 MTCO2e. • Tier 5: Involves mitigation offsets to achieve target significance thresholds. According to the SCAQMD's proposed GHG screening threshold for stationary source emissions described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans ("SCAQMD Interim GHG Threshold"), a screening threshold of 3,000 MTCO2e per year to determine if additional analysis is required as an acceptable approach for small non -industrial projects. The City of Baldwin Park has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. Therefore, for purposes of analysis herein, the proposed Project may have a significant adverse impact on GHG emissions if it would generate GHG emissions that exceed the SCAQMD's proposed 3,000 MTCO2e per year screening threshold for all land use types (Tier 3). 1919 Puente Avenue Billboard Lead Agency: City of Baldwln Park Page 6-25 No Mitigated Negative Declaration 6.0 Environmental Analysis a) Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Finding: Less-th - G, fp, r t„kr p The Project would result in GHG emissions that are below the significance screening threshold of 3,000 MTCO2e/year. Thus, the Project's emissions of GHGs would be less than significant and mitigation is not required. Urban Crossroads, Inc. utilized the CaIEEMod modeling program to calculate GHG emissions from Project -related construction and operational sources. The calculated Project -related GHG emissions (unmitigated) are presented below in Table 6-4, Total Project Greenhouse Gas Emissions. As shown in Table 6-4, operational activities associated with the proposed Project would result in emissions of CO2, CH4, and N2O strictly from energy source emissions from the Project's electricity demand and mobile source emissions as a result of billboard maintenance visits (six to eight times per year). As shown in Table 6-4, the Project -related construction and operation would produce approximately 23.07 MTCO2e per year from GHG emissions. This calculation was derived from the amortization of Project -related construction emissions over 30 years which were added back to the Project's operational emissions. The proposed Project's estimated GHG emissions of 23.07 MTCO2e per year would be less than the SCAQMD's interim threshold of 3,000 MTCO2e per year. Therefore, the proposed Project would result in a less -than -significant impact to GHG emissions, and mitigation is not required. Table 6-4 Total Project Greenhouse Gas Emissions Emission Source CO, Emissions metric tons per year)Total COze Construction -related emissions 0.23 6.57E-05 -- 0.23 Energy 18.87 1.03E-03 2.10E-04 18.96 Mobile Sources 3.88 1.60E-04 0 3.88 Total CO2e (All Sources) 23.07 CO2e SCAQMD Threshold 3,000 CO2e Significant? NO Note: Totals obtainedfrom CaIEEMod"Im and may not total 100% due to rouc��iding. Table results include scientific notation "E" is used to represent times ten raised to the power of A Includes combustion emissions associated with natural gas and electricity. B Includes emissions from operation of motor vehicles by construction and maintenance employees. Source: (Urban Crossroads, 2016, Table 3) b) Would the Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Finding: No Impact. The proposed Project would comply with all applicable plans, policies, and regulations adopted for the purpose of reducing GHG emissions; accordingly, no impact due to a conflict with any plans, policies, or regulations adopted for the purpose of reducing GHG emissions would occur. Mitigation is not required. As discussed in Threshold a) above, the Project would generate GHG emissions calculated at 23.07 MTCO2e per year, which is well below the SCAQMD draft screening level threshold of 3,000 MTCO2e per year that is utilized to evaluate the significance of a small non -industrial project's GHG emissions. Additionally, activities associated with the Project would be subject to all applicable federal, state, and regional requirements adopted for the purpose of reducing GHG emissions, including, but not limited to: CBSC Title 24 Energy Standards (also known as CalGreen); California Assembly Bill (AB) 1493; 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 6-26 No ElMitigated Negative Declaration 6.0 Environmental Analysis Executive Orders 5-3-05 and B-30-15; AB 32; Senate Bill (SB) 1368; SB 97; SB 32 (2016); and the applicable policies of the City's General Plan that reduce GHG emissions. There are no other plans, policies, or regulations adopted for the purpose of reducing GHG emissions that are applicable to the Project area; therefore, the Project would have no potential to conflict with such plans, policies, or regulations. Based on the foregoing analysis, the Project would no impact with respect to Threshold b), and no mitigation is necessary. ,r nh.0gSwas, - ss o ts. Nlitj at1Q� l Measures: Implementation of the proposed Project would result in less -than -significant impacts due to GHG emissions; therefore, mitigation measures would not be required. 6.1.8 Hazards and Hazardous Materials ..- Environmental Issue Areas Examined Pogte�tiall Si nPficant Less Tha � with M�� tion nt 'o gss than nificant S'Impact No Impact .. ..... ...................... � Im act o a Incor a v.....�............._ Would the _ -. ... -Project: to a .. Create a significant hazard o he -public or the ❑ 0 0 environment through routine transport, use, or disposal of hazardous materials? _-..-- _.�................... ..- he public or the b) Create a significant hazard to them-. ❑ 0 � environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? a ardous emissions or handle hazardous C) Emit hazardous ❑ � �� 21 � - or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? _ d) Be located on a site which is included on a list ❑�� 0 EJ of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, ❑ ❑ ❑ 0 where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ......... ........e For a -project within the vicinity of a private El ❑ ❑ 0 airstrip, would the project result in a safety hazard for people residing or working in the project area? ............................... w_. _____ __ A g� Impair implementation of or physically interfere._w......................................................_ ❑ D with an adopted emergency response plan or emergency evacuation plan? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-27 No Mitigated Negative Declaration 6.0 Environmental Analysis Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact �. . Impact Incorporated Impact m......_... h .... Expose people or structures to a significant risk ❑ ❑ ❑ of loss, injury or death involving wildland fres, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) Would the Project create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? b) Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? d) Would the Project be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Finding: less -than -Significant Irnpa.c. There are no components of the Project's proposed construction or operation characteristics that have the potential to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials. Accordingly, a less -than -significant impact would occur and no mitigation would be required. Implementation of the proposed Project would result in the construction and operation of a digital billboard. While construction of the proposed billboard would disturb soil, there are no known hazardous materials at the Project site and no hazardous materials would be emitted during operation of the billboard. Heavy equipment would be used during construction of the proposed Project, which would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. Improper use, storage, or transportation of hazardous materials could result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site, and such impacts would be less than significant. The billboards digital display face would be comprised of a series of modules that house LED lamps, wiring, and electronics encased in aluminum or steel enclosures, two to three feet in width per side (WireSpring, 2016). Project maintenance may require the removal and replacement of defective LED enclosures, thereby resulting in waste from the disposal of the LED unit. However, LED bulbs are not considered toxic or hazardous and are disposed of in regular landfills. Moreover, implementation and compliance with the City of Baldwin Park Municipal Code § 153.140.030, Hazardous Materials and Waste, would further ensure that any potential impacts would be less than significant (Baldwin Park, 2016, § 153.140.030). There are no other components of the Project's proposed construction or operation characteristics that have the potential to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials. Accordingly, a less -than -significant impact would occur and no mitigation would be required. c) Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Finding: No Impact. The nearest school is located approximately 0.33 miles from the Project site. The proposed Project would therefore have no potential to emit hazardous 1919 Puente Avenue Billboard Lead Agency; City of Baldwin Park Page 6-28 ON No Mitigated Negative Declaration emissions or handle hazardous or acutely within one-quarter mile of an existing or would occur and mitigation is not required. 6.0 Environmental Analysis hazardous materials, substances, or waste proposed school. Accordingly, no impact The Project site is not located within one-quarter mile of an existing or proposed school. The nearest school to the Project site is Foster Elementary School located approximately 0.33 miles northwest of the Project site. Accordingly, the proposed Project has no potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur and no mitigation is required. e) For a -project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project result in a safety hazard for people residing or working in the project area? Finding: No Impact. The Project site is not located within an airport land use plan or within two miles of a public airport or public use airport. Accordingly, the Project would not result in an airport safety hazard for people residing or working in the Project area. No impact would occur and mitigation is not required. The nearest airport to the Project site is the San Gabriel Valley Airport which is located approximately 4.2 miles northwest of the Project site. According to the Los Angeles County Airport Land Use Commission (ALUC), the Project site is not located within the influence area of any known airport within the County of Los Angeles (ALUC, 2012). Accordingly, no airport safety impacts would occur and no mitigation is required. 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Finding: No Impact. The Project is not located within the vicinity of a private airstrip. Accordingly, the Project would not result In an airstrip safety hazard for people residing or working in the Project area. No impact would occur and mitigation is not required. There are no private airstrips within the Project vicinity. The nearest private airstrip to the Project site is Brackett Field, located approximately 10.1 miles northeast of the Project site (Google Earth Pro, 2016). Accordingly, the proposed Project would not result in a safety hazard for people residing or working in the Project area with regard to this threshold. No impact would occur and no mitigation is required. g) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Finding: No Impact. The proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur and mitigation is not required. Due to the inherent, small-scale nature and location of the proposed billboard on the northwestern portion of the developed Project site, the Project would not physically interfere with an adopted emergency response plan or emergency evacuation plan. Additionally, all construction activities would occur on-site, and no roadway closures would be required. No impact would occur and mitigation is not required. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-29 No ...-...._,..m„_ � -...� ................�...�............ t is i Mitigated Negative Declaration 6.0 Environmental Analysis h) Would the Project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Finding: No Impact. The Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact would occur and mitigation is not required. The City's General Plan states that because Baldwin Park is an urbanized community, structural fires rather than wildland fires represent the greatest fire risk throughout the City (Baldwin Park, 2002a, p. PS -9). The Project site is located within and is surrounded by urban built-up land. Accordingly, the proposed Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No impact would occur and no mitigation is required. _ aAg,Lds and Hazar~dgg.satgr•ij..Ritigatior M sums Implementation of the proposed Project would result in less -than -significant impacts associated with hazards and hazardous materials; therefore, mitigation measures would not be required. 6.1.9 Hydrology and Water Quality Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact m W Protect ....._....�..��m. ww ._�..... __.............. a) Violate any wat.....� er quality standards or waste ❑ ❑ 0 ❑ discharge requirements? b Substantiallydeplete ... mmm de p groundwater supplies or ❑ ❑ 2 interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ...- � ... ..... C) Substantiallyalter the exist�mmmmIT�� existing drainage pattern El ❑ ❑ ❑ of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern ❑ E] ❑ ❑ of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? � e) Create orcontributerunoff water which would ❑ ❑ 0 0 exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-30 No , Mitigated Negative Declaratlon 6.0 Environmental Analysis Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact . In or orated . Incorporated Impact m� f) Otherwise substantially degrade water quality? ❑ ❑ ❑ D g) Place housing within a 100 -year flood hazard ❑ ❑ ❑ Q area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h)mmm Place within a 100- ear flood hazard area ❑ ❑ ❑ Q structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk ❑ ❑ 13 Q of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ................. �) Inundation by seiche, tsunami, or mudflow? �....... ❑ ❑ ❑ D a) Would the Project violate any water quality standards or waste discharge requirements? Finding: Less-Than-5lgnifacant Ilea„pact,,.. The Project would not violate any water quality standard or waste discharge requirement. Impacts would be less than significant and mitigation is not required. Construction of the proposed Project would involve the drilling of a 42 -foot deep, 5 -foot wide borehole and the installation of materials associated with the billboard's support infrastructure. These activities could potentially result in the generation of water quality pollutants such as silt, debris, chemicals, and other solvents with the potential to adversely affect water quality. Project excavation would remove 589.05 cubic feet of soil from the northwestern corner of the Project site; however, excavated soil would not remain on-site and would immediately be transported to the Puente Hills Landfill, located 4.1 miles southwest of the Project site. Given the Project's minimal impact area and the fact that excavated soil would immediately be transported off-site, no substantial physical features associated with the construction of a digital billboard would lead to erosion or substantial contribution of polluted storm water runoff that would result in violation of any water quality standards or waste discharge requirements. Additionally, because the area is already paved under existing conditions, the long-term operation of the digital billboard would not substantially increase the quantity or rate of storm water runoff nor would it substantially increase pollutant concentrations in storm water runoff from the site. Additionally, the Project would not produce wastewater discharge. Therefore, water quality impacts associated with construction and operation activities would be less than significant and no mitigation measures would be required. _ b) Would the Project substantially groundwater supplies or inte............................... .stand � antrally p g pp dere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Finding: No Impact. No groundwater wells are located on the Project site or are proposed as part of the Project. Project -related excavation would not extend into the City's groundwater table and no net change in area wide water consumption would occur. As a result, no impacts to groundwater are anticipated to result from the implementation of the proposed Project. m_ �.,.........- _- m....... 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-31 No Mitigated Negative Declaration 6.0 Environmental Analysis No groundwater wells are located on the Project site. Additionally, the Project does not propose the installation of any wells. Therefore, implementation of the proposed Project would not deplete groundwater supplies associated with water well withdraw. According to the City's General Plan EIR, the depth to groundwater throughout the City is greater than 50 feet below ground surface (bgs) (Baldwin Park, 2002b, p. 89). The excavation required for utility connections and billboard support infrastructure would not extend greater than 50 feet bgs; therefore, groundwater is not anticipated to be encountered during construction of the Project. Under current conditions, the portion of the Project site where the billboard would be constructed is developed and capped with asphalt; accordingly, the Project would not alter the site in a manner that would interfere with groundwater recharge. In addition, the installation of the billboard would not involve any water consumption and no net change in area -wide water consumption would occur as a result of Project implementation. Accordingly, no impacts would occur with respect to depletion of groundwater supplies or interference with groundwater recharge. c) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or offsite? d) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite? Finding: L ss than-Skmi icant Impact, The Project site's drainage pattern would not be substantially altered from existing conditions. Accordingly, the proposed Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impacts would be less than significant and mitigation is not required. The Project site is generally flat and storm water generated on the westerly portion of the site drains towards the southwest into the public storm water collection system in Dalewood Street. With implementation of the Project, the site's existing hydrological characteristics would not be substantially altered. Under the proposed conditions, runoff generated on the westerly portion of the Project site would continue to drain to the southwest to the storm drain inlets within Dalewood Street and would not be altered by the installation or operation of a billboard in the northwestern portion of the Project site. Furthermore, no streams or rivers are located on-site, and thus would not be altered as a result of Project implementation. Therefore, with installation of the proposed billboard, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rates of erosion or siltation or substantial increases in the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impacts would be less than significant and no mitigation would be required. e) Would the Project create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Finding: Less -than -Significant Im act. The proposed Project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-32 No Mitigated Negative Declaration 6.0 Environmental Analysis drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant and mitigation is not required. As discussed above under Thresholds c) and d) of this Section, the Project would not substantially alter drainage patterns on-site compared to existing conditions because the area where the billboard would be installed is already paved. The drainage infrastructure along Dalewood Street has sufficient capacity to convey runoff from the Project site under existing conditions, and because the rate and volume of runoff would not measurably increase with buildout of the Project, the Project would not create or contribute runoff which would exceed the capacity of any existing or planned storm water drainage system. Impacts would be less than significant and no mitigation would be required. Additionally, no substantial physical features associated with the construction and operation of the digital billboard would contribute substantial additional sources of polluted runoff and impacts would be less than significant. No mitigation would be required. f) Would the Project otherwise substantially degrade water quality? Finding: No Impact. The Project would not substantially degrade water quality.. The construction and operation of a digital billboard within the northwestern portion of the Project site would result in minimal ground disturbance (10' by 10' area) and would not lead to a substantial increase of impervious surface because the area is already paved. Additionally, the construction and operation of a digital billboard would not utilize materials or equipment that could lead to substantial surface water pollution. Other than surface storm water runoff from the Project site (which the Project would not substantially increase or pollute), there are no other known sources of pollutants that could adversely affect or degrade water quality. Accordingly, no impact would occur and mitigation is not required. g) Would the Project place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Finding: No Impact. The proposed Project would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map (FIRM) or other flood hazard delineation map. No impact would occur and mitigation is not required. The Project does not propose to place housing on the Project site. Thus, the Project would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or FIRM or other flood hazard delineation map. No impact would occur and no mitigation is required. h) Would the Project place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Finding: No Impact. The Project would not place any structure within a designated 100 -year flood hazard area which would impede or redirect flood flows. According to maps provided by the Federal Emergency Management Agency (FEMA) no portion of the Project site is located within a designated 100 -year flood hazard area (FEMA, 2008). Accordingly, the Project would not place any structure within a 100 -year flood hazard area that could impede or redirect flood flows. No impact would occur. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-33 No 6.0 Environmental Analysis Mitigated Negative Declaration .........., w.....� .......m i) Would the Project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Finding: No Impact. The Project site is not located within an area subject to significant flood hazard risks, and would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As discussed under Thresholds g) and h) of this Section, the Project is not located within a designated 100 -year flood hazard zone; therefore, flood flows would not pose a substantial safety risk to people or structures on the Project site. The entire Project site is located within FEMA Flood Zone "X (Unshaded)." Flood Zone X (Unshaded) is an area that is determined to be outside the 0.2% annual chance flood plain (FEMA, 2008); thus, the Project is not located within an area subject to 100 -year or 500 -year flood hazard. For this reason, the Project would not expose people or structures to a significant risk of loss, injury, or death as a result of flooding. This flooding risk is the same risk posed to the site and surrounding land uses under existing conditions. The nearest dam to the Project site is the Santa Fe Dam. As identified in the City's General Plan EIR, due to location and design of the Santa Fe dam and the fact that water is present only a few months of the year within the dam's reservoir, the likelihood of the occurrence of a flood due to the rupture of the Santa Fe Dam is minimal (Baldwin Park, 2002b, Appendix A, p. 23). Accordingly, the Project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding from the failure of a levee or dam, and no impact would occur. j) Would the Project expose people or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow? Finding: No Impact. The Project site is not located within the vicinity of a large body of water or sloped area that would lead to inundation risks by seiche, tsunami or mudflow. No impacts would occur. According to the National Oceanic and Atmospheric Administration (NOAA), a seiche is a standing wave oscillating in a large semi- or fully -enclosed body of water such as a bay or lake, and is typically generated as a result of strong winds, rapid changes in atmospheric pressure, earthquakes, or tsunamis (NOAA, 2015). There are no large semi- or fully -enclosed bodies of water within a notable vicinity of the Project site; therefore, inundation by seiche would not occur within the vicinity of the site. Additionally, the Pacific Ocean is located approximately 31 miles west of the site; therefore, tsunami risks are not associated with the Project site or surrounding area. Lastly, the Project site and surrounding areas are generally flat and fully developed and are not located within the vicinity of any topographically prominent slopes; therefore, mudflow risks are non-existent at the site. Considering the foregoing analysis, the Project would not expose people or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow. cIrgIp y and mater uality::__Miti a:t,ion Measures Implementation of the proposed Project would result in less -than -significant impacts due to hydrology and water quality considerations; accordingly, mitigation measures are not required. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-34 No Mitigated Negative Declaration 6.0 Environmental Analysis 6.1.10 Land Use and Planning �,�MMMM a .. Potential) tY Environmental Issue Areas Examined Si mficant Less Th 5igniflcant Less than with Mitigation Si nificant 8 i o I o Impact m act Incorporatedan Im act „ ............... Would the Project: a Physically divide an established community? ❑ ❑ ❑ D b) Conflict with any applicable land use plan, ❑ ❑ D ❑ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose o f avoiding or mitigating an environmental effect? mmm- C) Conflict with any applicable habitat ......, ❑ C 7 conservation plan or natural community conservation plan? a) Would the Project physically divide an established community? Finding: No Impact. The Project site would not physically divide any established communities. No impact would occur and mitigation is not required. The 1-10 freeway traverses the City of Baldwin Park, and abuts the Project site to the north. The Project site is located within an area dominated by freeway -oriented commercial land uses that abut the south side of the I-10 freeway where billboard structures are typical. Due to the small-scale nature of the Project (65 -foot tall dual -faced digital billboard on an already developed site), it would not have the potential to physically divide an established community. Accordingly, no impacts would result from the Project's implementation with respect to the division of an established community. b) Would the Project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Finding: Less 1 han-Sianifi�cant Impact., The land use plans, policies, and regulations applicable to the proposed Project include the City's General Plan and the City's Zoning Code/Municipal Code. The height of the digital billboard proposed by the Project exceeds the height limit imposed by the current version of the Municipal Code § 153.170.105. Accordingly, the Project proposes that Municipal Code § 153.170.105 be amended to increase the height limit applied to billboards to 65 feet regardless of whether the billboard site is located within 150 feet of a sound wall. With approval of the proposed zone code amendment (AZC 185), the Project would not conflict with Municipal Code § 153.170.105, or any other applicable plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact. Accordingly, impacts would be less than significant. The land use plans, policies, and regulations applicable to the proposed Project include the City's General Plan and the City's Zoning Code/Municipal Code. Each of these plans, policies, and regulations is discussed below. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-35 No aration 6.0 Environmental Analysis Mitigated Negative Decl............. ............. .. �.-.......�_....�. Analysis of Consistency, _with the City of Baldwin Pal"kwGeneral__Plan The City's General Plan designates the Project site as "General Commercial (GC 0.25 FAR)" (Baldwin Park, 2002a, Fig. LU -6). Additionally, the Project site is located within the "Dalewood/Puente/1-10" General Plan Focus Area, which is a focus area identified as suitable for future large-scale commercial development (Baldwin Park, 2002a, Fig. LU -4, p. LU -17). The installation of a digital billboard adjacent to the I-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large scale commercial development. Accordingly, the Project would be consistent with the City's General Plan and would not require an amendment to the City's General Plan. Algal sis of Consistent with the Ci of Baldwin Park Zoning Code/Municipalf Code Under existing conditions, the Project site is zoned Freeway Commercial (FC). The FC zoning designation is intended to provide areas for the development of freeway -oriented, regional -serving retail and office complexes and complementary regional commercial center (Baldwin Park, 2016, § 153.050.010). The installation of a digital billboard within the I-10 corridor is a land use that would be freeway -oriented and would not conflict with future or existing regional -serving retail, office, and commercial centers. In addition, the proposed Project would be required to comply with the variety of lighting, structural, and legal provisions required by Municipal Code § 153.170.105, Digital Billboard Replacement, all of which would be enforced as conditions of the Project's required Development Agreement or through future City review of implementing development permit applications (grading permits, building permits, etc.). Since the Project site is not located within 150 feet of a sound wall, the height of the proposed billboard (65 feet above grade) exceeds the 45 -foot height limit imposed by the current version of Municipal Code § 153.170.105, Digital Billboard Replacement. Accordingly, this Project proposes an amendment to Subpart (H) of Municipal Code § 153.170.105 (discretionary action AZC 185) to increase the height limit applicable to digital billboards to 65 feet regardless of whether the billboard is located within 150 feet of a sound wall. The current inconsistency between the height of the proposed billboard (65 feet) and the current height limit (45 feet) imposed by Municipal Code § 153.170.105 does not constitute a physical environmental impact, and is considered less than significant. Although AZC 185 would effectively increase the height limit applicable to billboards on a City-wide basis, Baldwin Park Municipal Code § 153.170.105, Digital Billboard Replacement, requires that a Development Agreement be executed between applicants seeking the approval of a billboard and the City of Baldwin Park. Development Agreements are subject to the City's discretionary review and approval process and the provisions of CEQA. Therefore, because all future billboards would be evaluated in accordance with CEQA on a project -by -project basis, and the location of such future billboards (if any) is unknown at this time and highly speculative, this MND is properly limited to the evaluation of environmental effects associated with the one billboard that is currently proposed by Becker Boards Small, LLC and evaluated herein. Future billboards (if any) would be subject to their own CEQA evaluations. This Project does not propose any other amendments to Municipal Code § 153.170.105 other than the increased height limit described above. As demonstrated by this MND, impacts associated with the billboard at a 65 -foot height would be less than significant. The only potentially significant impact is to archaeological resources, which is related to ground disturbance and not the 65 -foot height of the proposed billboard. Therefore, with approval of the proposed amendment to Municipal Code § 153.170.105, the Project would not cause adverse environmental effects and be consistent with or 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-36 WN Mitigated Negative Declaration ration g I 6.0 Environmental Analysis - otherwise would not conflict with all applicable provisions of the City's Zoning Code and Municipal Code and would not require a change of zoning designation or any additional zone code amendments. Accordingly, the proposed Project would not conflict with the City of Baldwin Park Municipal Code or the City's General Plan goals and policies, and impacts would be less than significant. c) Would the Project conflict with any applicable habitat conservation plan or natural community conservation plan? Finding: No Impact. There are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site or vicinity. Accordingly, no impact would occur. As indicated under the discussion of Threshold f) of Subsection 6.1.4, Biological Resources, there are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site or vicinity. Accordingly, the Project has no potential to conflict with any of the above and no impact would occur. Land Use and Planning: Mirrgat).Qn Measur-es. Implementation of the proposed Project would result in less -than -significant impacts due to land use and planning considerations; accordingly, mitigation measures are not required. 6.1.11 Mineral Resources .. Y Leatedcant 8 Less than Environmental Issue Areas Examined Si nificant S 7Than anoni nficant No Im act S P_ Impactl "t ocrld the r*ct .. _� a Result in the loss o availability o a known f tY f ❑ 1j� ❑ Q mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- E] EJ ❑ 2' important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Finding: No Impact. The proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No impact would occur and mitigation is not required. Under existing conditions, the Project site is developed with commercial retail uses. No mines, wells, or other resource extraction activity occurs on the property or is known to have ever occurred on the property. The City's General Plan EIR identifies the Project site as being located within "Mineral Resource Zone 2 (MRZ-2)," which is defined as an area where there is little or no likelihood for presence of significant mineral resources (Baldwin Park, 2002b, Figure 11). Accordingly, implementation of the proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state, and no impact would occur. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-37 ON Mitigated ,Negative Declaration 6.0 Environmental Analysis b) Would the Project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Finding: No Impact. The proposed Project would not result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, and no impact would occur. The proposed Project site is not identified as a locally -important mineral resource recovery site delineated on a local general, specific plan, or other land use plan. Accordingly, no impact would occur. ,Mineral. -Re oui-ces:itiZ:,1t on Mea ur s Implementation of the proposed Project would result in no impacts to mineral resources; accordingly, mitigation measures are not required. 6.1.12 Noise Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact Would the Project: .._.. _ ..._..._ ...... ......_.. Exposure of persons to or generation of noise ❑ ❑' Q ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of ❑I ❑ Q excessive groundborne vibration or groundborne noise levels? -- c) ... mA substantial permanent increase in ambient ❑ Q� ❑ noise levels in the project vicinity above levels existing without the project? d)..... A substantial temporary or periodic increase in ❑ ❑ C l ambient noise levels in the project vicinity above levels existing without the project? e) For a project located withinanairport land use ❑ ❑ ❑ Q land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ........ m.. .... 0 For a project within the vicinity of a private ❑ ❑ it Q airstrip, would the project expose people residing or working in the project area to excessive noise levels? 1919 Puente Avenue Billboard Lead Agency, City of Baldwln Park Page 6-38 ON Mitigated Negative Declaration Existing Study Area Ambient Noise Conditions 6.0 Environmental Analysis The Project site occurs in an urbanized portion of the City of Baldwin Park. Accordingly, the background ambient noise levels within the vicinity of the Project site are dominated by transportation - related noise associated with the surrounding roadway network, which includes noise from automobile and light/heavy truck activities along the I-10 freeway. Existing Groundborne Vibration Based on the operational characteristics of the commercial uses on the site under current conditions, there are no sources of substantial groundborne vibration generated on the Project site. With the exception of groundborne vibration generated by roadway vehicle traffic along the 1-10 freeway and adjacent roadways, no sources of substantial groundborne vibration occur in the Project site's vicinity. Airport Noise and Vibration The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 4.2 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2012). Accordingly, noise or vibration issues from airports would not occur. a) Would the Project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Finding: Liss ti S�gnit�nt„Inptt. With mandatory adherence to the City's Municipal Code Noise Ordinance standards and the inherent characteristics of the construction and operation of a digital billboard, the Project would not expose persons to or generate noise levels in excess of standards established in the City's Municipal Code, General Plan Noise Element, or any other applicable regulatory standards. As such, the Project would result in a less -than -significant impact under this threshold. Construa ,don-Related,Nqise, lIr art According to the City of Baldwin Park Municipal Code, construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. on Mondays to Fridays (Baldwin Park, 2016, § 130.04). No numerical noise threshold is established by the City's Municipal Code pertaining to construction noise. Therefore, the Project's mandatory compliance with the permitted construction hours established by the City's Municipal Code would ensure that noise generated by the construction of the Project would not exceed applicable standards. Less -than -significant impacts would occur with respect to noise generated from construction of the Project, and mitigation is not required. For additional evaluation of temporary construction noise, refer to Threshold d) below. us 1=21=1 Regarding Project -related operational activities, noise level standards applicable to the Project include those provided in the Noise Element of the City of Baldwin Park General Plan and the Baldwin Park Municipal Code, as described below. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-39 ON Mitigated Negative Declaration 6.0 Environmental Analysis City of Baldwin Park General Plan Noise Element The City of Baldwin Park General Plan Noise Element identifies noise -sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to ensure that Baldwin Park residents are protected from excessive noise intrusion (Baldwin Park, 2002b, pp. 65-72). Sensitive land uses are generally defined as locations where people reside or where the presence of noise could adversely affect the use of the land. Sensitive land uses include but are not limited to uses such as schools, hospitals, residences, libraries, and recreation areas. Sensitive receptors located nearest the Project site include the residences located to the southeast, southwest, and northeast of the Project site. According to the City's General Plan EIR, noise -sensitive land uses, such as residential, are clearly compatible with exterior noise levels at or below 65 dBA CNEL (Baldwin Park, 2002b, Table 13). Operation of the Project is not anticipated to emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on adjacent I-10 freeway. Accordingly, the Project would result in less -than -significant impacts with respect to the noise standards established by the City of Baldwin Park General Plan Noise Element. City of Baldwin Park Municipal Code The City of Baldwin Park Municipal Code § 153.140.070, Noise, establishes noise limits that apply to all zones within the City. Table 6-5, Municipal Code Noise Standards, provides base exterior noise standards applicable to the Project site and properties surrounding the Project site. Table 6-5 Municipal Code Noise Standards Base Exterior Noise Land Use Time Period Level Standards (dBA Daytime: 7:00 a.m. to 7:00 p.m. 55 Residential ........... Evening: 7:00 p.m. to 10:00 p.m........_...50............ Nighttime: 10:00 p m. to 7:00 a.m. _ --------- — w_--- 45 Daytime: 7:00 a.m. to 10:00 p.m. 65 Commercial _ S.P...--._-_......................... Nighttime: 10:00 m. to 7:00 a.m. �. 55 IndustrialAnytime ........�........................................................65.......................................... The operational activities associated with the proposed digital billboard would not be anticipated to generate any substantial increases in noise levels to the area that would result in exceedance of the base exterior noise level standards shown in Table 6-5. Accordingly, the Project would result in less -than - significant impacts with respect to Municipal Code standards applicable to operational noise, and no mitigation is required. Based on the foregoing analysis, the Project would not result in the exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or the Municipal Code noise ordinance, or the applicable standards of other agencies. As such, impacts would be less than significant with respect to Threshold a), and mitigation is not required. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-40 NN Mitigated Negative Declaration 6..0 Environmental Analysis b Would the Project result in the expo f p g f e �� groundborne ................., sure o persons to or generation o excessive groundborne vibration or groundborne noise levels? Finding: Less-than5jnaft marst L -a . People would not be exposed to excessive groundborne vibration or groundborne noise levels during Project construction or operations. Impacts would be less than significant and mitigation is not required. Groundborne vibration is an oscillatory motion which can be described in terms of displacement, velocity, or acceleration. It is expected that groundborne vibration from Project construction activities would cause intermittent, localized intrusion through the operation of heavy construction equipment and trucks. Any exposure of nearby sensitive receivers to nominal vibration would be temporary and only occur during permissible construction hours as permitted by the City's Municipal Code. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. Additionally, truck deliveries (if necessary) to the site may increase vibration levels in the area; however, truck deliveries would only occur during permissible construction hours as permitted by the City's Municipal Code and would be indiscernible from vehicular movement on the adjacent 1-10 freeway. There would be no sources of perceptible vibration associated with Project's operation. Based on the foregoing analysis, vibration levels associated with the Project are considered less than significant, and no mitigation is necessary. c) Would the Project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Finding: Less-than-Significant_±p_±i1paq. The Project would not result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. Impacts would be less than significant and mitigation is not required. The operational activities associated with the proposed digital billboard would not emit any audible noise except for very minor noise from periodic maintenance activity that would be overshadowed by vehicular noise on the adjacent I-10 freeway. Therefore, impacts would be less than significant, and no mitigation is required. d) Would the Project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Finding: L, smt �n a -ij'c nt m a . With mandatory adherence to the hours of construction permitted by the City's Municipal Code, Project impacts due to a temporary or periodic noise increase associated with construction activities would be reduced to below a level of significance. Operation of the Project would not result in increases to ambient noise levels that exceed applicable thresholds. Impacts would be less than significant, and no mitigation is required. The only potential sources of substantial temporary or periodic increases in noise levels are temporary and intermittent noise associated with the Project's construction activities via the operation of heavy equipment. Construction activity would be restricted to the permissible daytime hours permitted by the City's Municipal Code (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) over the course of the Project's construction schedule (less than a week). Compliance with the City's Municipal Code noise standards would ensure that Project construction activities would be less than significant, and mitigation would not be required. Further, construction noise would likely be overshadowed by vehicular noise levels from the adjacent I-10 freeway. Operation of the proposed digital billboard would not generate 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-41 ON ��6.0 Environmental Analysis Mitigated Negative Declaration substantial temporary or periodic increases in ambient noise levels in the Project vicinity. Based on the foregoing analysis, the Project would result in less -than -significant noise impacts with respect to Threshold d). No mitigation is required. e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Finding: No Impact. The proposed Project is not located within the noise contours of an airport land use plan or where such a plan has been adopted, or within two miles of a public airport or public use airport. No impact would occur and mitigation is not required. The nearest airport to the Project is the San Gabriel Valley Airport which is located approximately 4.2 miles northwest of the Project site. According to the Los Angeles County ALUC, the Project site is not located within the influence area of any airport within the County of Los Angeles (ALUC, 2012). Accordingly, the Project would not expose people residing or working in the Project area to excessive noise levels in relation to airports. 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Finding: No Impact. The Project is not located within a vicinity of an airstrip. Accordingly, no impact would occur and mitigation is not required. As discussed under Subsection 6.1.8, Hazards and Hazardous Materials, Threshold f), there are no private airstrips within the Project vicinity. Accordingly, the proposed Project would not expose people residing or working in the Project area to excessive noise levels. No impact would occur and no mitigation is required. Noise: Mid ation Msti(; Implementation of the proposed Project would result in less -than -significant impacts to noise; accordingly, mitigation measures are not required. 6.1.13 Population and Housing ��w ro Si nifcant 8 Less thanig Issue Areas Examined S niPficantM�t� 7Lessan g ation Si nificant S r Im act Pm itentlall actr orated Im actEnVlronmental ..-.. .. _ Would the Pw ojec°t: -..... ..-- .....__.... a) Induce substantial ..............populatio"" .. _._...� �., n growth in an E] ❑ Q area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing El ❑ ❑ Q housing, necessitating the construction of replacement housing elsewhere? � ._ ... _m �..mm.� __-�______ __ �..m.......�..... .. ........ C) Displace ...-_. p substantial numbers of people, E] 0 ❑ Q necessitating the construction of replacement housing elsewhere? 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-42 No E WMitigated. Negative Declaration _ 6.0 Environmental Analysis a) Would the Project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Finding: No Impact. Implementation of the Project would not induce substantial population growth in the area. Additionally, Project -related utility improvements would solely serve Project demand and would not induce growth to the area. No impact would occur and mitigation is not required. The proposed Project would contribute the additional development of a digital billboard to the northwestern portion of the Project site. Digital billboards are typical of and complementary to commercial freeway uses and have no potential to induce substantial population growth in the area, either directly or indirectly. Electric utility improvements required by the Project would solely serve the digital billboard's energy demand and would not directly or indirectly induce population growth to the area. No impact would occur and no mitigation is required. b) Would the Project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Finding: No Impact. Under existing conditions, the Project site does not contain any residential structures. Accordingly, the Project would not displace substantial numbers of existing housing, necessitating the construction of housing elsewhere. No impact would occur and mitigation is not required. Under existing conditions, the Project site does not contain any residential structures, is not designated for residential land use by the City's General Plan, and is not zoned for residential uses. Therefore, there is no potential for the Project to displace housing. No impact would occur and no mitigation is required. c) Would the Project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Finding: No Impact. Under existing conditions, the Project site does not contain any residential structures; therefore, no people reside on the Project site. Accordingly, the Project would not displace substantial numbers of people, necessitating the construction of housing elsewhere. No impact would occur and mitigation is not required. Under existing conditions, the Project site does not contain any residential structures. Therefore, there is no potential for the Project to displace substantial numbers of people. No impact would occur and no mitigation is required. fa,LilatJan.., nr�Housing:Mitigafign P�bcas��r- Implementation of the proposed Project would result in no impact to Population and Housing. Thus, no mitigation measures are required. 1919 Puente Avenue Billboard Lead Agency: Clay of Baldwin Park Page 6-43 No Mitigated Negative Declaration 6.0 Environmental Analysis ..., ...�.. _ ....�.-____�....�_ m 6.1.14 Public Services ^ Sgart Less Than 5shan Environmental Issue Areas Examined Pnt Mitigation Sigct -N� o Impact tmcIncorporated Imp Would the Project: a) Would the project result in substantial adverse physical impaITcts associated with the provision . .............� of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Q Police protection? _ El...... ❑m mmm Q ....... Schools? _ d.. ...... �........._ ❑ _ ._.... �.. � �.. ❑ Q Other public facilities? ❑ ❑ ❑ Q a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection; b) Police protection, c) Schools, or d) Other public facilities? Finding: No Impact. Public services are currently provided to the site for operation of the existing commercial land uses; therefore, the proposed Project would not measurably increase public service demands or result in the need to physically alter or cause the construction of new public service facilities. No impacts would occur and mitigation is not required. Fire protection, police protection, and other public services are provided to the existing commercial land uses at the Project site. The addition of a digital billboard to the northwestern portion of the Project site would not create a measurable increase in demand for fire or police protection services because the site is already receiving these services. There is no component of the Project that would lead to increased demand for fire and police services. The Project would not create a direct demand for public school services, as the land use that would occupy the Project site (i.e., a digital billboard) would not generate any school -aged children requiring public education. No component of the Project would measurably increase demand for public service facilities or result in the need to physically alter or cause the construction of new public service facilities. Because no physically expanded or new public facilities would be required, no impact would occur and mitigation is not required. P�ab�SelwLs: Mitigation Measures Implementation of the proposed Project would not increase public services demand such that new or physically altered public service facilities would need to be constructed or expanded to meet the demand. Thus, no impact would occur and no mitigation measures are required. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-44 No 01:1Mitigated Negative Declaration ......... .... 6.0 Environmental Analysis 6.1.15 Recreaflon Environmental Issue Areas Examined Y m8c�aotF.--incorporated nm. Le with Mitigation � IImpact Siignlficant No Impact �Si mpact Would the Project: — a) Would the project increase the use o f existing 1, Q neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? _........ b) Does.... the project include recreational facilities 0. �.... _ .... � or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the Project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? Finding: No Impact. Implementation of the Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. The Project would not include recreational facilities or require the construction of or expansion of recreational facilities which would have an adverse physical effect on the environment. No impact would occur and mitigation is not required. The construction and/or operation of a digital billboard on the northwestern portion of the Project site would not increase the use of recreation facilities, because it would not create a measurable demand for recreational facilities through inducing population growth, inducing the growth of businesses or housing developments, or displacing existing recreational facilities. Accordingly, the Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. Additionally, implementation of the Project would not include recreational facilities or require the construction of or expansion of recreational facilities which would have an adverse physical effect on the environment. No impact would occur, and mitigation is not required. Recreation: Mi at!1Q ..N ' asu,r m Implementation of the proposed Project would have no impact to Recreation. Thus, no mitigation measures are required. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-45 No Mitigated Negative Declaration � .. 6.0 Environmental m Anal ... Analysis 6.1.16 Transportaflon/Trafflc Potentially I_essThaWsijni Less than Environmental Issue Areas xamme Si nificant with Mitl anon gnificant Sung No Impact �. ln orPoa tedcant mm Impact . Would the Project: a) mmm Conflict with an applicable plan, ordinance or ❑ ❑ El Q policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion L ❑ ❑ Q management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ...... ...Result �.�_......_----.._.._..�.�...�. in a.- C) change in air traffic patterns, ❑ ❑ ❑ Cl including either an increase in traffic levels or a change in location that results in substantial safety risks? _ d) Substantially increase hazards due to a design ❑ [ Q L11 feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ Q f) Conflict with adopted policies, plans, or ❑ ❑ (,j Q programs regarding public transit, bicycle, or pedestrian facilities? i a) Would the Project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Finding: No Impact. The Project's construction -related trips would be nominal and temporary. Project operation is not anticipated to generate any vehicle trips, with the exception of 6-8 visits per year required for maintenance purposes. Accordingly, the Project would not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. No impact would occur and mitigation is not required. Temporary traffic impacts would be restricted within the window of the Project's construction schedule (less than a week) and between the permissible construction activity hours (7:00 a.m. to 7:00 p.m. on Mondays to Fridays) permitted by City of Baldwin Park Municipal Code § 130.04. Due to the small scale of the proposed construction of the billboard, Project construction would not require a substantial quantity of truck hauls to the site. Additionally, the Project Applicant estimates that four (4) construction crew members would be required at the site each day throughout the construction of the 1919 Puente Avenue Billboard Lead Agency: City of Baldwln Park Page 6-46 No g g nvironmental Analysis Mitigated Negative Declaration 6.0E Project, which would not generate a substantial quantity of trips during construction hours. Project operation is not anticipated to generate any additional trips to the Project site, with the exception of one two-way trip 6-8 times per year in order to perform on-site maintenance of the billboard. Accordingly, the Project would not conflict with an applicable plan, ordinance or policy related to the circulation system. No impact would occur and mitigation is not required. b) Would the Project conflict with an applicable congestion management program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Finding: No impact. The proposed Project would not generate a substantial number of trips; therefore, the Project would not conflict with the Los Angeles County Congestion Management Program (CMP) including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. No impact would occur and mitigation is not required. The Los Angeles County CMP serves to consistently track trends at major intersections in the County during peak traffic hours and identify areas in need of improvement. The Los Angeles County CMP requires that intersections where the proposed Project would add 50 or more trips during either the AM or PM weekday peak hours be included in the Project's traffic study area (MTA, 2010, p. D-2). As discussed under Threshold a), trips generated by construction and operation of the Project would be nominal, and implementation of the Project would not generate 50 or more peak hour trips to a CMP intersection. Therefore, implementation of the Project would not conflict with the Los Angeles County CMP and no impact would occur. c) Would the Project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Finding: No Impact. The construction and operation of the proposed billboard would not foreseeably induce a change in air traffic patterns. Additionally, the Project site is not located within any an Airport Influence Area. No impact would occur and mitigation is not required. The Project proposes the construction and operation of a digital billboard, which has no feasible potential to generate additional demand for air travel that could result in an increase in air traffic levels. Additionally, the Project site is not located within the influence area of any airport within the County of Los Angeles; thus, the Project would not have the potential to alter air traffic patterns of a County of Los Angeles airport (ALUC, 2012). Accordingly, no impact would occur and no mitigation is required. d) Would the Project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Finding: Less- than -Significant hnpag . The Project would not require the construction of a new roadway and would not change existing roadways. Additionally, compliance with State and Federal standards applicable to freeway -adjacent billboards would ensure the Project would not substantially increase hazards due to a design feature or incompatible uses. A less -than -significant impact would occur and mitigation is not required. 1919 Puente Avenue Billboard Lead Agency, City of Baldwln Park Page 6-47 No Mitigated pp Negative Declaration 6.0 Environmental Analysis I .. Project -related construction or operation would not require the construction of new roadways and the existing configuration of the roadways within the vicinity of the Project site would remain unchanged; therefore, impacts related to sharp curves or dangerous intersections would not occur. Implementation of the Project would be required to comply with the State Outdoor Advertising Act (2014) and the Federal Highway Beautification Act (1965). The Outdoor Advertising Act contains a number of provisions relating to the construction and operation of digital and static signs adjacent to roadways which are intended to prevent the creation of unsafe driving conditions along the adjacent roadways as a result of the presence of such signs. These provisions include, but are not limited to, the following: • The placing of any light source "...of any color of such brilliance as to impair the vision of drivers upon the highway" is prohibited (Caltrans, 2014, § 21466.5); • The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface; • No sign shall display any statements or words of an obscene, indecent, or immoral character; • No sign shall display flashing, intermittent, or moving light or lights; • Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that change or expose a message for less than four seconds. No message center sign may be located within 500 feet of an existing billboard or 1,000 feet of another message center display, on the same side of the highway. (Caltrans, 2014, § 5401 - § 5405) The Federal Highway Beautification Act governs advertising signage located along the interstate highway system, such as the 1-10 freeway. The Federal Highway Beautification Act requires advertising signage be erected only in commercial or industrial zones and adhere to the following restrictions: • No signs shall imitate or resemble any official traffic sign, signal or device, nor shall signs obstruct or interfere with official signs; • Signs located on the same side of the freeway must be separated by at least 500 feet; and, • Signs shall not include flashing, intermittent or moving lights, and shall not emit light that may obstruct or impair the vision of any driver. Mandatory compliance with State and Federal regulations would ensure that the Project would not increase hazards due to a design feature. Additionally, as described in Subsection 6.1.10, Threshold b), the Project site is designated as "General Commercial" by the City's General Plan, "Freeway Commercial" by the City's Zoning Map, and is located within the " Dalewood/Puente/1- 10" General Plan Focus Area, which is a focus area identified as suitable for future large-scale commercial development (Baldwin Park, 2002a, Fig. LU -4, p. LU -17; Baldwin Park, 2016). The installation of a digital billboard adjacent to the 1-10 freeway is a land use that is a typically seen within commercial areas adjacent to freeways and would not conflict with future or existing large-scale commercial development. Considering the foregoing analysis and regulatory requirements, Project impacts would be less than significant and no mitigation is required. e) Would the Project result in inadequate emergency access? Finding: No Impact. No component of the Project would lead to inadequate emergency access within the vicinity of the Project site and no impact would occur. 1919 Puente Av......�... enue Billboard Lead Agency: City of Baldwin Park Page 6-48 No Mitigated Negative Declaration 6.0 Environmental Analysis Under existing conditions, adequate emergency access is provided within the vicinity of the Project site. Project -related construction and operation would not obstruct existing roadways and would not alter the existing roadway system. No component of the Project would require the temporary or permanent closure of a roadway. Accordingly, the Project would not result in inadequate emergency access and no impact would occur. Would the Project conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities? Finding: No Impact. The Project would be consistent with or would not otherwise conflict with the City's alternative transportation policies. No impacts would occur and mitigation is not required. The portion of the Project site that would be improved with the proposed billboard is not located within the right-of-way of any existing public transit, bicycle, or pedestrian facilities. Project -related construction and operation would not obstruct or alter any existing public transit, bicycle, or pedestrian facilities. No component of the Project would require the temporary or permanent closure of a public transit, bicycle, or pedestrian facility. Accordingly, the Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities and no impact would occur. Transportation/Traffic Mitigation Measures, Implementation of the proposed Project would result in less -than -significant impacts to Transportation/Traffic. Thus, no mitigation measures are required. 6.1.17 Utilities and Service Systems _Potentiall7Lesshan 5i n ficant Less than h Mita atm actor�orat _ r pEnvironmental Issue Areas xammed s� mflcan pgen Significant No Impact g d Im act Would the Project: a Exceed wastewater treatment requirements of ❑ ❑ ❑ 0 the applicable Regional Water Quality Control Board? b) Require or result in the construction o new ❑ ❑El 0 water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result in the construction of new ❑ El ❑ 0 storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) _ Have sufficient water supplies available to l ( ❑ 0 serve the project from existing entitlements and resources, or are new or expanded entitlements needed? _ e) Result in a determination by the wastewater El ❑ 0 treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-49 No Mitigated Negative Declaration _ .. 6.0 ...... Environmental Analysis Potentially Less Than Significant Less than Environmental Issue Areas Examined Significant with Mitigation Significant No Impact Impact Incorporated Impact _... — Be served by a landfill with sufficient permitted ❑ El Q ❑ capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes El and regulation related to solid waste?_ -h) Result in a need for new systems, or substantial ❑ ❑ ❑ [.� alterations in power or natural gas facilities? f new systems, or substantial i Result in a need or �_.W._.. ❑ ❑ ❑ Q alterations in communication systems? .mm mmmmm a) Would the Project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Finding: No Impact. The proposed Project would not increase the need for wastewater treatment. Thus, the proposed Project would not exceed wastewater treatment requirements of the Los Angeles Regional Water Quality Control Board. No impact would occur and mitigation is not required. Implementation of the Project would result in the construction and operation of a digital billboard on a site that is fully developed with commercial land uses under existing conditions. Due to the nature of the Project (digital billboard), it would not produce wastewater that would require treatment. Accordingly, the Project is not anticipated to generate any wastewater, and therefore has no potential to exceed the wastewater treatment requirements of the Los Angeles Regional Water Quality Control Board. No impact would occur under this threshold and no mitigation would be required. b) Would the Project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Finding: No Impact. The proposed Project would not result in the construction or expansion of new water or wastewater treatment facilities. No impact would occur and mitigation is not required. Under existing conditions, the Project site is provided domestic water services by the San Gabriel Valley Water Company and sewer services by the Los Angeles County Sanitation District (LACSD), and is currently connected to sewer lines and domestic water lines. As discussed in Threshold a), above, implementation of the Project would result in the construction and operation of a digital billboard, which would not result in a demand for potable water services or generate wastewater. Accordingly, the Project would not result in the need for new water or wastewater treatment facilities or expansion of existing facilities. No impact would occur and mitigation is not required. c) Would the Project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Finding: No Impact. Implementation of the proposed Project would not result in a substantial alteration of the existing hydrological conditions at the Project site. Therefore, the Project would not require the installation or expansion of storm water drainage facilities. Accordingly, no impact would occur and mitigation is not required. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-50 Mitigated Negative Declaration 6.0 Environmental Analysis As discussed under Hydrology and Water Quality Threshold c) and Threshold d), implementation of the Project would not substantially alter the Project site's existing hydrological characteristics. Under the proposed conditions, runoff would continue to drain to the southwest to the storm drain inlets within Dalewood Street and would not be altered by the installation or operation of a billboard in the northwestern portion of the Project site. Therefore, with installation of the proposed Project, there would be no significant alteration of the site's existing drainage pattern and there would not be any significant increases in the rate or quantity of surface runoff. Accordingly, the Project would not require or result in the construction of new storm water drainage facilities or the expansion of existing facilities. No impact would occur and mitigation is not required. d) Would the Project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Finding: No Impact. The Project would not increase water demand. No impact would occur and mitigation is not required. The construction and operation of the proposed digital billboard would not create a demand for domestic water. No impact would occur and no mitigation measures are required. e) Would the Project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Finding: No Impact. The Project site is adequately served by the LACSD and no changes in wastewater treatment demand would occur as a result of the Project. Thus, no impact would occur and mitigation is not required. Under existing conditions, the LACSD adequately serves wastewater treatment services to the Project site. The construction and operation of a digital billboard would not generate wastewater or cause an increased demand for wastewater treatment. Thus, the Project would not adversely affect the physical capacity of the existing wastewater infrastructure system that services the site. No impact would occur and no mitigation measures are required. f) Would the Project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Finding: Less than -Significant Ir act;. The Project would generate a nominal demand for solid waste disposal. Accordingly, a less -than -significant impact would occur and no mitigation is required. The City of Baldwin Park contracts with Waste Management of San Gabriel Valley/Pomona for solid waste collection services. Solid waste generated within the City is transported to the Scholl Canyon Landfill (SCLF), operated by the LACSD. As of 2011, the SCLF was calculated to have a remaining capacity of 9,900,000 cubic yards (or 3,400 tons per day) and has a cease operation date of April 1, 2030 (CalRecycle, 2011). Considering the remaining capacity (9,900,000 cubic yards) and cease operation date (April I, 2030) of the SCLF, the SCLF would have sufficient capacity to accommodate the Project's nominal construction -related waste generation. Additionally, Project excavation would remove 589.05 cubic feet (21.82 cubic yards) of soil from the northwestern corner of the Project site which would be transported to the Puente Hills Landfill, located 4.1 miles southwest of the Project site. The Puente Hills Landfill does not accept solid waste; however, according to the LACSD the Puente Hills Landfill has 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Page 6-51 No Mitigated Negative g e Declaration 6.0 Environmental Analysis .._-�____. �...�m__......__. .m.m.m.....m.m.m. the capacity to accept to all soil dumps until otherwise noted (LACSD, 2015b). Lastly, Project operations would not generate a substantial demand for solid waste beyond the existing demand of the Project site. Thus, the Project would not adversely affect the physical capacity of any landfills and a less - than -significant impact would occur. g) Would the Project comply with federal, state, and local statutes and regulation related to solid waste? Finding: Less -than- iznificar t 1M ;�, The Project would not conflict with federal, state, and local statutes and regulations related to solid waste. Impacts would be less than significant and mitigation is not required. The construction and operation of a digital billboard is not anticipated to generate a substantial demand for solid waste disposal. Project -related construction activities would generate nominal quantities of solid waste during the Project's construction schedule (less than a week). The Project would be required to comply with all applicable solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant. Accordingly, the Project would not foreseeably conflict with any Federal, State, and local statutes and regulations related to solid waste, resulting in a less -than -significant impact. h) Would the Project result in a need for new systems, or substantial alterations in power or natural gas facilities? Finding: Less -than -Significant Impact„ The Project would not create a demand for natural gas utilities. Although the Project would create a demand for electricity, the Project site is already served by Southern California Edison and a less -than -significant impact would occur to existing power facilities. Under existing conditions, power and gas utilities are provided to the Project site by Southern California Edison and Southern California Gas Company. Project -related construction and operation would not create a demand for natural gas utilities; however, Project operation would consume approximately 6,500 kilowatt hours (kWh) of energy per month, which would be supplied on -demand by Southern California Edison. Since Southern California Edison serves the Project site under existing conditions, the Project would not result in a need for new or substantially altered power facilities and a less -than - significant impact would occur. The billboard proposes the use of LED bulbs, which is one of the most energy-efficient lighting technologies available. Compared to incandescent lighting, LED bulbs use at least 75% less energy, last 25 times longer, and also emit substantially less heat (USDOE, 2017). Therefore, the Project would not result in the inefficient or wasteful use of energy. i) Would the Project result in a need for new systems, or substantial alterations in communication systems? Finding: No Impact. The Project would not require the use of communication systems or affect existing telephone lines in the surrounding area. The construction and operation of the proposed digital billboard would not require the use of communication systems. Additionally, the construction and operation of the proposed digital billboard would not impact existing telephone lines surrounding the billboard site. No impact would occur and no mitigation measures are required. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 6-52 No Mitigated Negative Declaration 6.0 Environmental Analysis Utilities -and SrvcSt.gsMtion Measures � Implementation of the proposed Project would result in less -than -significant impacts to utilities and service systems and no mitigation measures are required. 6.1.18 Mandatory Findings of Significance Less Than Significant Less than Issue Areas xamine �Potentlaflty M with Mitigation Significant No Impact Incorporated ImpactEnvironmental �..ww 'w OUld the Project.: - a) Does the project have the potential to degrademmmm the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? ----- _.� �...........m._ b) Does the project have impacts that are L j ❑ D individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) C) Does the project have environmental effects ❑ ❑ 0 which will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? Finding: Less-tIiar i S !9 Q_ M1II act with Mitigation Incg..D? I't-t _I The proposed Project has no potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Additionally, the proposed Project has no potential to eliminate important examples of the major period of California history or prehistory. Accordingly, impacts would be less than significant, and additional mitigation measures are not required. All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre -historical resources were evaluated as part of this IS / MND. Implementation of the Project would contribute additional development in the form of a digital billboard to a fully developed property and would not impact biological resources. As indicated in the discussion and analysis of Cultural Resources 1919 Puente Avenue Billboard Lead Agency, Clay of Baldwln Park Page 6-53 No Mitigated Negative Declaration 6.0 Environmental Analysis in Subsection 6.1.5, none of the existing buildings on the Project are included on the National Register of Historic Places, California Register of Historical Resources, or a local register of historical resources, nor are they eligible for listing; accordingly, there would be no impact to historical resources resulting from Project implementation. The Project site is fully developed under existing conditions; therefore, no significant archaeological resources are likely to be discovered during excavation activities. Additionally, the limited degree of excavation that would be required to install the proposed billboard column and associated utility connections would not result in impacts to significant archaeological resources. Nonetheless, in an abundance of caution, Mitigation Measures MM CR -I through MM CR -3 would be implemented to reduce impacts to archaeological resources to a level below significance. Accordingly, the Project would not degrade the quality of the environment and impacts would be less than significant with implementation of Mitigation Measures MM CR -I through MM CR -3. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Finding: Less than Signfi nt Irn a ,_t. The proposed Project would not result in impacts that are individually limited, but cumulatively considerable. Cumulative impacts of the proposed Project would be less than significant, and mitigation measures are not required. Based on the evaluation of Project impacts provided in this document and Technical Appendices A and B, in every environmental subject area, the Project was found to contribute no impact or a less -than - cumulatively considerable impact. Accordingly, the proposed Project would not result in impacts that are individually limited, but cumulatively considerable and no mitigation measures are required. c) Does the Project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Finding: Less -Than -Si li n -Si nifncant Irnpact. Based on the evaluation of Project impacts provided in this document, the Project would not cause substantial adverse effects on human beings, either directly or indirectly. Accordingly, a less -than -significant impact would occur and no mitigation measures are required. The Project's potential to result in environmental effects that could adversely affect human beings, either directly or indirectly, is discussed throughout this IS/MND. Based on the evaluation of Project impacts discussed in this document, the Project would not cause substantial adverse effects on human beings, either directly or indirectly. Accordingly, a less -than -significant impact would occur and no mitigation measures are required by the Project with respect to this Threshold. 1919 Puente Avenue Billboard Lead Agency: Clay of Baldwin Park Page 6-54 ON Mitigated Negative Declaration 7.0 Mi01:1tigation Monitoring and Reporting Program 7.0 Mitigation Monitoring and Reporting Program RESPONSIBLE PARTY IMPLEMENTATION COMPLIANCE MITIGATION MEASURES I MONITORING STAGE STATUS PARTY Cultural Resources MM CR-I Prior to the issuance of a grading permit, the Project Applicant Project Applicant I Prior to Issuance of or construction contractor shall provide evidence to the City of City of Baldwin Park Grading Permits Baldwin Park that the construction site supervisors and crew members involved with grading and trenching operations are trained to recognize archaeological resources, should such resources be unearthed during ground-disturbing construction activities. MM CR-2 Prior to the commencement ofround-disturbing g g act ivities or Project Applicant / Prior to the grading permits, the Project Applicant shall provide evidence to City of Baldwin Park Commencement of the City of Baldwin Park that Native American representatives Ground-Disturbing from the Gabrieleno Band of Mission Indians - Kizh Nation shall Activities or be allowed to monitor earth-moving activities and have received Issuance of Grading or will receive a minimum 15 days' advance notice of ground- Permits disturbing activities in previously undisturbed soils. ..._�� MM CR-3 If a significant archaeological resource(s) is discovered, the Project Applicant I Throughout archaeological monitor, representative of the Gabrieleno Band City of Baldwin Park Ground-Disturbing of Mission Indians - Kizh Nation, the Project Applicant, and the Activities City of Baldwin Park Community Development Department shall confer regarding mitigation of the discovered resource(s) pursuant to California Public Resources Code Section 21083.2. A treatment plan shall be prepared, approved by the City of Baldwin Park Community Development Department, and implemented by the archaeologist. 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 7-1 No Mitigated Negative Declarat.i.on8.0 References 8.0 References Cited As Reference ALUC,20|2 Los Angeles County Airport Land Use Commission (ALU[).2O|4.County of Los Angeles Airports and Airport Influence Anyoo Web. Accessed 3eptembmr, 2016. Available: _~df_ 8u|dvv\n Park, 2002u City of Baldwin Park. 2002a. City ofBaldwin Pork 2020 General Plan. Web. Accessed September, IO|G.Available: Baldwin Purh, 2002b City of Baldwin Park. 2002b. City ofBaldwin Park 2020 General Plan Update E/R. PDF. Accessed September, 2018. Baldwin Park, 20|6 City of Baldwin Park. 2016. City of Baldwin Park Municipal Code. Web. Accessed Deptomber, 2016. Available: Rack ca Cu|Recvc|e.2U|| California Department of Resources Recycling and Recovery (CalRecycle). %O||.FooNty//teSummary Details: Scholl Canyon Landfill. Web. Accessed October, 20|6.Available: Caltrans, 2011 California Department of Transportation (Caltrans). 2011. Scenic Highways Mapping Service ' Los Angeles County. Web. Accessed September, 20|6. Available: Caltrans, 2014 California Department ofTransportation (Cu|trans).2O|4.Outdoor Advertising Act and Regulations 20/4 Edition. Web. Accessed September, 2016. Available: CDC. 1999 California Department ofConservation (COC). 1999. Seismic Hazard Zone Map 'Baldwin Park Quadrangle. Web. Accessed September, 2016. Available: CDC, 2014 California Department ofConservation (CDC).2O|4. Los Angeles County Important Farmland 20/4.Web. Accessed September, 2016. Available: CC)C, 2016 California Department of Conservation (COC). 2016. Lox Angeles County VY0/onnmonAct FY20/5/20/6.Web. Accessed September, 2O|6.Available: COFVV.2O|S California Department of Fish and Wildlife (CDFW). 2015. California Regional Conservation Plans Map. Web. Accessed Septembor, 2016. Available: l9l9Puente Avenue Billboard N ED Mitigated Negative Declaration Cited As Reference 8.0 References OOT. 1965 U.S. Department ofTransportation (OOT). 1965. Federal Highway Beautification Act of/965.Web. Accessed September, 2O|G.Available: FEMA, 2008 Federal Emergency Management Agency (FEMA). 2008. Rood bmuronoo Rate Map 06037C/70UEWeb. Accessed September, 20|6.Available: {]oog|eEurth Pro. 2016 Google Earth Pro. 2016. GoogiaEarth Pro Program. Accessed Oaptambar, 2016 LACSO.2O|Su Los Angeles County Sanitation District (LACSO).20|Su.Sewer System Management Plan. Web. Accessed Cjctobar, 2016. Available: LACSO, 2015b Loy Angeles County Sanitation District /LAC3C>\. IO|Sb. Puente Hills Landfill Closure Notification. Web. Accessed October, 2016. Available: MTA, 20 10 Los Angeles County Metropolitan Transportation Authority (MlA).%O|O. Loo Angeles County 2O/OCongestion Management Program. Web. Accessed September, 2O|6.Available: hJOAA20|S National Oceanic and Atmospheric Administration (NO/A.2O|5.What bu xeiche/ Web. Accessed September, 2016. Available: NPS, 2014 United States National Parks Service (NPS). 2014. National Register of Historic Places Program: Research. Web. Accessed October, 2O|6.Available: htt OHP, 2016 California Office of Historic Preservation (OHP). 2016. California Historical Resources. Web. Accessed Octobar, 2016. Available: 19 Project Applicant, ZO|6 Becker Boards Small, LLC (Project Aoo|icunt).20|8.Verbal Dated October, 4'30/6. SCAQMC).20|3 South Coast Air Quality Management District 0CAQMCA.2U|3.Final 2O|2 Air Quality Management Plan. Web. Accessed October, 2O|6.Available: S[A{]MO.2O|6 South Coast Air Quality Management District (SCAQMC)).2O|G.Air Quality Mapping Service. Web. Accessed Septembar, 2016. Available: Urban Crossroads, Urban Crossroads, Inc. 2O|6.Air Quality and Greenhouse Gas Emission 2016 Calculations. PDF (Technical Appendix 8). Accessed October, 2016. lql9Puente Avenue Billboard Lead Agency: City ofBaldwin Park No Mitigated Negative Declaration Cited As Reference 8.0 References USDOE, 2017 United States Department of Energy (USDOE). 2017. LED Lighting. Web. Accessed January 17, 2017. Available: Nt --tig Ing USGS, 2004 United States Geological Survey (USGS). 2004. Geologic Setting of the Transverse Ranges Province. Web. Accessed September, 2016. Available: h w`i eow r r ,vwe ? g, y r a`1 i L� htpnIT1l/scg trans s r ,1 ,r 1 USGS, 2016 United States Geological Survey (USGS). 2016. Quaternary Fault and Fold Database of the United States. Web. Accessed September, 2016. Available: Watchfire, 2016 Watchfire. 2016. Sign Lighting Study for Project. PDF (Technical Appendix A). Accessed September, 2016. 1919 Puente Avenue Billboard Lead Agency, City of Baldwin Park Declaration 9.0 Persons Contributing to this ON Mitigated Negative Dec s Document..... 9.0 Persons Contributing to this Document Cid of Baldwin Park (Lead A enc. Amy Harbin, AICP — City Planner, Community Development Department 'm PI a,rj nJnZ Inc.a 'nc. Prirr .,QA Cgnsultan Tracy Zinn, AICP, Principal Ryan Kelleher, Project Planner/Environmental Analyst George Atalla, Staff Planner/ Environmental Analyst Eric Horowitz, GISP, Senior Graphics/GIS Manager Steven Lusk, GIS/Graphics Specialist 1919 Puente Avenue Billboard Lead Agency: City of Baldwin Park Page 9-1 1 919i Puente Avenue Billboard �rw City of Baldwin Park Community Development Department 14403 East Pacific Avenue Baldwin Park, CA 91706 ProlegA APP SML Becker Boards Small, LLC 4350 East Camelback Road, Suite B-195 Phoenix, AZ 85018 QEConsultant T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 Public Review Draft February 10, 2017 � 01-1 Mitigated Negative Declaration Technical', Appendices, 1919 Puente Avenue Billboard watchfire'<0 September 14, 2016 Background on Optical Measurements and Calculations Watchfire Signs has been in the sign business since 1932 manufacturing both incandescent light bulb and led signs. Incandescent signs were commonly measured using illuminance measurements, partly because the light bulb is ideally a point source of light, illuminating equally in all directions, and illuminance meters are commonly available and inexpensive. Foot-candle measurements are made at a defined distance from the sign and the magnitude depends on the physical size of the sign. LED signs are highly directional however, which is an advantage in an urban setting since the light can be directed more precisely to the intended audience. Luminance measurements have been used to specify LED signs by the industry. The candela per square meter (NITs) unit allows a specification that does not depend on size or viewing distance. http:// .signs.or /in ustryesourcesfTechnic l e ul toryesources/ rightness uideforElectronic essageCentrs/tabid/745/Defult.asx The study done on the sign adjacent to a residential area used actual lab measurements made on modules using an illuminance meter. These measurements and extrapolations are then scaled up to the size of the sign and the distance corrections are made using the inverse square law. These calculations allow the study to be made in foot-candles, which then could be referenced back to the ISA study. Below is a list of some of the measurement equipment used by Watchfire engineers. If there are any questions on this subject we would be happy to discuss them. E ui ment used bv Watchfire engineers to make lighting! measurements: Foot-candles/Lux - Minolta Illuminance Meter T-10 NITs/candela/sq. m — Minolta Luminance Meter LS -100 Sign Calibration — Minolta CS -1000 Spectra radiometer 1 I watchfiresigns.com 800-637-2645 watchfire-;O SIGN LIGHTING STUDY Sign Details Size: 14x48 Digital Billboard Location: 1919 I'ui°fte Ave 111l aldwfi°i Pairk, CA Data Collection Light measurements are completed in foot-candles. A foot-candle is the amount of light produced by a single candle when measured from 1 foot away. For reference, a 100 watt light bulb produces 137 foot-candles at 1 foot away, .0548 foot-candles at 50 feet and .0137 foot- candles at 100 feet. The table represents the total increase in ambient light produced by the sign under normal or typical operation at night. The ambient light increases will actually be less than shown in the chart since they fail to consider any objects blocking the line of site to the sign. Obstructions such as trees would further reduce real world overall ambient light increases. In addition to obstructions any existing light within the viewing cone will further diminish any light increase Lught vMues M fi„x„�Aand�es: :°flgn ider t1piph:!W r�)pen,,iflon 2 u watchfiresigns.com 800-637-2645 3 1 watchfiresigns.com 800-637-2645 Conclusion Given the above comparisons and measurements, the residential area will see an almost undetectable difference in ambient light after installation of a billboard. Ambient light levels in the neighborhood are more heavily impacted by porch lights and landscape lights than the increases produced by a billboard. Ray Digby office 800-637-2645 x3006 Fax 217-442-1020 Lay.u b - uuat hLbesjjjs .L ni 4 1 watchfiresigns.com 800-637-2645 Mitigated Negative Declaration Technicall Appendices TABLE 1: EMISSIONS SUMMARY OF OVERALL CONSTRUCTION Table 2: Summary of Peak Operational Emissions Table 3: Total Project Greenhouse Gas Emissions (Annual!) Emissions (metric tons per year) Emission Source CO2 CH4 NZO Total COZE Annual construction -related emissions 0.23 6.57E-05 0.23 amortized over 30 ears Energy 18.87 1.03E-03 2.10E-04 18.96 Mobile Sources 3.88 1.60E-04 10 13.88 Total COZE (All Sources) 23.07 SCAQMD Threshold 3,000 Significant? NO CaIEEMod Version: CalEEMod,2013.2.2 Frage I of 13 Date: 10/5/2016 10:35 AM 1.0 Project Characteristics 1.1 Land Usage Lond Ureq siza User 0efined Commerdal r 170 1.2 Other Project Characteristics Llrbwflzatlon Jfbon Wind Speed (m/s) C I] rnato Zona 9 Utility Company Souftrrr CaMornin Ed8son CO2 1pganslty 53330 0114 Intonalty (IbIMWhr) lWMWhr) 1.3 User Entered Comments & Non -Default Data Baldwin Park Digital Billboard Los Angeles -South Coast County, Summer Metric tat Acrasge Floor Surface Area Usor Nflned Unit 1.00 2,2 Precipitation Freq (Days) 33 Operational Year 2016 0.029 N20 Intunnity U06 (lb,NVOhr) populavon CalEEMod Version: CaIEEMod.2013.2.2 Page 2 of 13 Date: 10/5/2016 10:35 AM Project Characteristics - CPUC GHG Calculator version 3c, worksheet tab "CO2 Allocations," cells AH/AQ 35-44. Land Use - Based on information provided by the client; Unit: digital billboard Construction Phase - Based on information provided by the client Off-road Equipment - Based on information provided by the client; off-highway trucks: cement trucks Trips and VMT - Based on information provided by the client; As a conservative measure, the Project will require one vendor truck delivery (two-way) per day; Assume 1.25 construction workers per equipment Architectural Coating - Vehicle Trips - As a conservative measure, the Project will require one trip (two-way) per day Road Dust - Consumer Products - No consumer products Area Coating - Landscape Equipment - No landscape Energy Use - Based on information provided by the client; 6,500 kWh generated per month Water And Wastewater - Solid Waste - Construction Off-road Equipment Mitigation - CaIEEMod Version: CalEEMod.2013.2.2 Page 3 of 13 Date: 10/5/2016 10:35 AM Table Name Column Name Default Value Neve Value tblAreaCoating Area-Nonresidentlal-Interlor 1, 2 603 .......... . . . . . ... -------- --- ---- ----------- �oa 1 IreaCt ng Fa�ppl-lca-tlonRat a P erce n I i 10 ....... ..................... 4 .............................. IblConwax,ftoPhase NumDays 0.00 -------------------- ---------------------- - ROG,,EF 1.9BE-05 E-10 4 .............................. WErergyLlso T24E 0.00 78.000M .......... WlOndUsa 4 ........................... — 4- _____,---------------- LandUseSquareFeet ------ 0.00 .......... 1 00 —1 .................................... ....... ibi16tiiio'adEq'uipment OffRoadEquIpmentType ----------------- .......... I— .... -- Bor00011 FRIgs ........................... tblOffRoad Equipment 4— ........................ OffRoadEqulpmentType ------- Off-Highway'l-rucka ........ .................... 4-1.1 ......................... tblOffRoad Equipment OffRoadEquipmentUn!tAmount 2,00 0,00 ....... 4bi6iiR'oad'E'q'u'1pm'e'n4 ....... 4� --------------------------- : OffRoadEquipmentUn!tAmount 200 QUO ....... 4bi6ff'R' o- ad'E'q'u'l pm' e' n't ..... 4-- ..................... Usagel-lours ------ 4,00 ................. I ProjectCharacterlstics ...................... —--- C 02 Intensity Factor 630,89 .................... 53336 ..........ectCharacterlstles ........ ...........OperatlonalYear............ --------------- - - --- — ...... I Proj tc 2014____..,______.,_ 014 2016 ....................... -------- ----------------- ...........VendorTr1pN - --- -- - - - - - - .. - - - - - - tbITripsAndVMT umber................. 0.00 W ......... .--....4 .............WorkerTr!pNumber............... - - ----- ------- ....... CbFdpsAndVMT 0.0 6 00 ......... t i;VehIc1eTrips .... . . ....... - ----- 4 � ---------- CW- - TTP 0.00 .......... . . .......... 4, ............................ 4-- ------ tI;V;hic'i'e"TrIp"s PR_TP 0,00 10000 .................. ....... —4 tbl VehicleTrips ........................... ------------ WD_TR 0.00 200 CaIEEMod Version: CalEEMOd.2013.2.2 Page 4 of 13 Date: 10/5/2016 10:35 AM 2.1 Overall Construction (Maximum Daily Emission) ROG NOx CO 502 Fugitive Exhaust PM10 Fug8lve Exhaust PM2.5 B10- CO2 NBIo•CO2 Total CO2 CH4 N2O CO2e PM10 PM2.5 PM2.6 Total Year b/day Ib/day 2016 2,0625 24.8497 108453 0.0292 0,1019 0,9541 1.0660 . 0.0273 O8778 00,9051 0,0000 3,003.167 3,003.187 0,8686 i 0.0000 r 3 Total 2.0825 24.8497 10.8453 0.0292 0.1019 0,9541 1.0560 0.0273 0.8778 0.9061 0,0000 3,003.187 3,003.187 0.8556 0.0000 3,021.427 '.. 1 3 3 1 9 ROG NOx CO SO2 Fug8lve Exhaust PM10 Fug8lve Exhaust PM2.6 BIo-CO2 NBIo-0O2 Total CO2 CH4 N2O CO2e PM10 PM70 Total PM2.5 PM2.5 Total Year Ib/day Ib/day i 2016 2,0625 245497 + 1Q.8453 + 0,0292 n 0,1019 0.9541 i 10660 0.0273 0,8778 p 0,9051 0,.0000 3,003.187 3,003.187 0,8686 0,0000 3,021.427 i 3 3 9 Total 2.Ofi25 24.5497 10.8453 0,0292 0.1019 0.9541 1.0680 0,0273 0.8778 0.9051 0.0000 3,003,187 3,003.107 0.8888 0.0000 3,021.427 3 3 9 ROG NOx CO SO2 Fugltive Exhaust PM10 Fugltive Exhaust PM2.5'.. Blo-0O2 NBIo•CO2 '.. Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Tatel Percent 0.00 0,00 0.00 U0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Reduction CaIEEMod Version: CalEEMOd.2013.2.2 Page 5 of 13 Date: 10/5/2016 10:35 AM 2.2 Overall Operational 'UnflNgifted QP.Qr:6 g.N1.6.1 12#AR-CQ WgZA-fi-Qtt1 ROG NOx CO 302 Fugltive Exhaust PM10 11:1 AN, Exhaust P102,6 BIC' CO2 NBIO-0O2 Total CO2 CH4 N20 CO20 PM10 PM10 Total F'M2.6 PM2.5 PM10 I 1 1.110 Tolel PM2.6 PM2.6 Total Ib/day I Category Ib/day ,Amn Ib/day 00000 1,00000- 0.0000 a w 0.0000 i 0.0000 Ib/day 0.0000 ?, 1Nv79o- 2.20000- Q,USI o F Area 1.00000• 0.0000 1.0000e- 0.0000 0.0000 0.0000 � 0.0000 r U000 22000e• 22000e- 40000 w O,0006IT 2.3000e. 0,0000 006 0 0000 004 OA000 0,.0000 q 0,0000 0,0000 0,0000 0 0000 0.0000 . - . i 004 004 oµ5 004 Energy } 0,0000 0,0000 + 0 0000 _ 0,0000 Moblle 0.0000 0 0000 0.1517 ' 0,0000 0.0000 0.0000 0,0000 a 0.0000 0.0000 0.0000 - 34.0509 •e rt 4 0 r 003 003 m Moblls ____ _ 0.0101 _ __ __ ,,..y.n m 0A380 ___ 0.1517 +_3.9000e- ___ ��_ __ 0 0257 _ ��5 6000e- _ ��0 0262 _ _ �_6,8600e- __ 5.40000 7.4000e- ...., .. i^ ___ 34.0220 ____ rmm 34,0220 1.3700e- �_ �........... _ 0 34.0509 fi,6600a- 5.4000e• 7.40000- 34.0222 34.0222 1.3%OOe- 004 004 003 004 003 003 003 003 003 Total 0.0101 0.0360 0.1518 3.90000- 0.0257 5.60000- 0.0262 6,86000- 6.40000- 7,40008- 34.0222 34,0222 1.3700e- 0.0000 34.6611 004 004 003 004 ....... 003 003. 12#AR-CQ WgZA-fi-Qtt1 ROG NOx Co 802 Fugalve Exhaust PM10 Fugitivo Exhaust PM2.6 Bio- CO2 ' IS Cot Total coz '' CH4 N20 '.. CO20 PM10 PM10 Total F'M2.6 PM2.5 Total Category Ib/day Ib/day ,Amn • 1.00000- 00000 1,00000- 0.0000 a w 0.0000 i 0.0000 0,0000 0.0000 ?, 1Nv79o- 2.20000- Q,USI o F 2..30000• 005 004 � a 004 004 004 Energy • . O,0006IT __ 0 0000 0,0000 0 0000 0 0000 0 0000 OA000 0,.0000 q 0,0000 0,0000 0,0000 0 0000 0.0000 . - . - _ oµ5 •1 �7. z f m ®1 Moblle j,6101 0.0380 ' 0.1517 ' 3 901O0e.•„o.. a-- 1 0 0257 0 0 0262 6, 6O a 1 e- 5.4064 0® 34.0220 34.0220 3 e- 34.0509 •e 0 04 003 003 1 Total 0,0101 0,0300 0.1519 3.9000e- 0.0257 5.80000- 0,0252 fi,6600a- 5.4000e• 7.40000- 34.0222 34.0222 1.3%OOe- 0.0000 34.0511 004 004 003 004 003 003 CaIEEMod Version: CalEEMod.2013.2.2 End Data N,,rn Day. Num Days Page 6 of 13 Date: 10/5/2016 10:35 AM ROO co 1102 Fugitive ji - Ex - hou at 9 PM10 Fugltiv uo' suill P 2.5�2O C 2a Blo- CO2 NBIO-002 Total CO2C6 PM10 PM10 Total PM2.5 Ph 2. Total Percent0.00 0'00 0.00 0.00 0.00 [ 0.00 0,000.00 b,bb1 0.00 1 0.00 0.00 Reduction Non -Residential Outdoor: 0 (Architectural Coating — sqft) 3.0 Construction Detail 99av mu-c—tig _nP Mae Phase Phase Name Phase Type Start Date End Data N,,rn Day. Num Days Phase DescrlptJon Week it 1 -Bulklin Constructionu�11ing Construction :12/1/2016 :1217/2016 5N 51 Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0 (Architectural Coating — sqft) --7177a, 777-1_ Offroad Equipment 7 Type Amount 7777 Usage Hours Horse Power Ti and Factor BUWIIIa) (,OngtfL]00r] :Bore/Drill Rigs 205: 050 _ ..................... ------------- 11 -Off ....... I -8 11" _!_1_____1___1 -To * , , , , : -Highway Trucks 00 61,� '6u'0oti'n`g' 'on .............. I_...,._....__.._• ----------- ----- .. . .;-.__-1__.____4 .............. C, o' ns`tr_u`ct'l :Cranes I 8,00 226 0,29 .......... I ....... .................. - Ltw.dJdlnronstructlon :Forklifts 0 a 00:89 UO ............... I . ; — .............. SuMinq Construction -Tractors/Loaders/Backhoes 0, 8,00, 97„ a 371 Trio-anAYAT Vendor I Hauling Phase Name . ..... Offroad Equipment Worker Tdp Vendor Trip Hauling Trip Worker TrIp I Vendor Trip lHaullngTdp Worker Vehicle Number N Count NuM er umber Number Length Length Lan!gth:�Classiii�Vehlcle�Class�V.'I Class !!!= I Vehicle auirdlng Construction 3: &R 2,00: 0.00: 14.70: 6.90: 20.00:LD—Mlx :HDT—Mlx :HHDT i_. I CalEEMod Verslon: CalEEMod.2013.2.2 Page 7 of 13 Date: 10/5/2016 10:35 AM 3.1 Mitigation Measures Construction Clean Paved Roads 3.2 Building Construction - 2016 t Unmi 1lat.g" -051( "ItIgg On -Site ROG MOX GO SO? FX40 tilt —0`iTgFrI—Vo waum PM2,6 I W2 N lo- rO I '. Wa1 .0 1� 1 0 Tolel M (I FM2 6 TOW --8*ff-Road 20100 24,6299 10,0870 0,0276 omoa 0.0606 0.8746 0,8746 2,060.021 2,880.821 0.8029 2,878942 4 4 9 Total 2,0100 24.6299 '10.0870 0.0276 0.9a06 0.9505 .3746 O,B748 "i.-86-0-i2l 2JIFS0.82"i' 0,8828 2,878.842 CaJEEMod Version: CalEEMod.2013.2.2 Page 8 of 13 Date: 10/5/2016 10:35 AM 3.2 Building Construction - 2016 UmMsakd& 9,,nstrvr,,IIQ.v-QfLS-1-t-a -1-CO ROG 802 Fugftivi Edhaust PmloFugIWs ....... . ... .. I.- N20 CO2 NBla- GO21= Exhaust PN12.6 N810- CO21 Total CO2 CH4 N20 C PM2.5 I [_7 1 PmI0 Pm10 Total [ PM2.5 PM2.5 Total lb/day Category Off -Road 20100 24.6299 10.0870 0.0276 lb/day 0.8745 0.8746 0.0000 2,860,821 2,860 821 0,8629 2,070 942 lb/day Haudq 0.0000 r 0.0000 0000 r 0.0000 r 0.0000 00.00000,0000 r 0.0000 0.0000 a 0.0000 r 0,0000 0.0000 0,0000 0.0000 ---�e or -�d (�1750 ---- - - ---- ------ 0,2033 4.40000. 0.0125 2.746 �8-7-6'0152 0.9505 ------- 3.5600o- 2,52008- 6.06000- -- ----------- 44.0441 44 0441 3 20900 44.0609 [148296 004 003 4 471= 003 003 003 004 Worker 0,0356 0.0448 0.6650 r 1 16009- r 0.0894 8 5000- 0 0903 0,0237 r 7.80000 0.0245 98.3217 0 98,3217 5.3500o- 984341 003 004 004 003 Total 0.7583 1,60000- 0.1019 3.59000- 0.1055 0.0273 3.30009- 0.0306 111,8 .67009 - -7?=142 41110 003 003 003003 ROG NOx CO602 -777T Fugklve I Exhaust PlAl0 Fugitive Exhaust P112.6 ....... . ... .. I.- N20 CO2 NBla- GO21= CO29 PM10 PmIo Total PM2.5 I Total I --E.-iagoy Ib/day lb/day Off -Road 20100 24.6299 10.0870 0.0276 0.9505 0.9505 0.8745 0.8746 0.0000 2,860,821 2,860 821 0,8629 2,070 942 4 4 9 Total 2.0-100 10.0870 0.0276 0.9505 000 2,860.821 2,860.821 0.0629 2,878.942 [148296 4 471= 9 mgsEMooVersion: Co|EEmuu.2o1o.x.x Page ovf10 Date: 1o/5/2o1o1ouomw u.8Building Construction '%V1s 4.0 Operational Detail 'Mob kn 4.1Mitigation Measures Mobile 26 Total Category lb/day m1flGatod lb/day 0.0380 Haullng 0.0000 0,0000 i 0moo i 0,0000 0.0000 0,0000 0.0000 0.0000 O'Cr000 0.0000 0.0000 0,0000 0,0000 0.0000 004 003 004 003 003 : a7 e ndor 0,0169 0,1760 0.2033 4.40OOe- 0,0125 17400e- 0.0152 3.6600e- 2.5200a- 6,0600e- 44.0441 44.0441 3.2000e. 440609 003 004 003 003 003 003 004 rker 00356 0,044B 0,5560 1 16OOe- 0.0894 8,5000e- 0.0903 0.0237 7,8000a. 0,024fT 35000- 98, 3�1 004 004 003 0.1019, 3.5900e. 0.1065 0.0273 3,3000e. 3 0=6 142.3668 a e 0 003 4.0 Operational Detail 'Mob kn 4.1Mitigation Measures Mobile Total m1flGatod 00101 0.0380 01617 3.90OOe- 0.0257 5.8000a 0.0262 6.8600e- .5,4000m. IA0000 3402PQ "54,0220 t"V000- 34M09 004 004 003 004 003 003 : a7 666,7 .47 �6K a" 34.0220 34.0220 1.37008- 004 004 003 004 003 003 CalEEMod Version: CalEEMod.2013.2.2 Page 10 of 13 Date: 10/5/2016 10:35 AM 4.2 Trip Summary Information 4.3 Trip Type Information 4O�w wl,l LI MOV 1-1-1131 L1102 I MI -10 I 11HO I O8U6 I UBUS AACY ws(]U% MH 0.533596® 4058434 0.178244: 0,125508 0.038944 0.006283: 0.016426 0,031066 0.002453: 0,003157; 0.003691: 0.000543° 00110i JH.RWetail �_.. Historical Energy Use: N 5.1 Mitigation Measures Energy rtOG NOx CO 302 Fuglllve Exhaust PM10 Fugltive Exhaust PM2.5 Blo-CO2 NBIo-CO2TateICO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total Category Ib/day Ib/day Nd1uUMIGOS 00000 0.0000 0,0000 a 0.0000 a 0,0000 0,0000 0 0.0000 n 0,0000 0.0000 0 0.0000 0,0000 0,0000 0.0000 Mltlgated 0 , ONaturalGas 0,0000 4 0.0000 40.0000 4 0000�Y ®�mm®4y0,0000 T _ -----_—_—__--_—____� 0.0000'4 0,0000 0,0000 .....----------?------ a _ _ 0.0000 0.0000 4y0.0000�4 o.obno T 0.0000 Unmlflgalad CaIEEMod Version: CalEEMod.2013.2.2 Page 11 of 13 Date: 10/5/2016 10:35 AM 5.2 Energy by Land Use - NaturalGas Unmitigated 6.0 Area Detail 6.1 Mitigation Measures Area NakuratCmN itttv0 NOx t:0 602 Fugfilve Exhauet PM10 Fuglllve Exhaust pM2.6 Blo-0O2 NBIo-CO2 Total CO2 'Ta a Use PM10 PM70 Total PM2.6 PM2,5 Totel Land Lao WTVyr Ib/day Ib/day Umar Defined r U a, 0 0000 0 0000 d 0.0000 0,0000 0,0000 ® 0.0000 + 0,0000 r 0,0000 r 0,0000 r 0.0000 r 0,0000 r 0.0000 r 0,0000 Commerclalr„ r � Total 0.0000 0,0000 0.0000 0.0000 0,0000 0,0000 0„0000 0..0000 0:06'69 0,9909' 9,9969 000110 6,011917 Mitigated NataralGa ROG NOx CO SO2 Fugltive 11 Exhaust PM10 Fuglllve ExheuelPM2.6 Blo-002 NBIo-CO21TotalCO2 CH4 N20 CO2e s Use PM90 PM10 Total PM2.fi PM2.5 Tolal Land Use KSTU/yr Ib/day Ib/day User Defined r 0 ++ 0 0000 0,0000 r 0.0000 p 0.0000 + 0 0000 a 0 000 r 0,0000 r 0,0000 r 0,0000 r 0,0000 r 0.0000 ® 0.0000 w 00000 Commercial rr n a i i r i Total 0.0000 0,0000 0.0000 0,0000 0,0000 0.0000 0.0000 0.0000 010000 0,0000 0.0000 0.0000 0.0000 6.0 Area Detail 6.1 Mitigation Measures Area CaIEEMod Version: CalEEMod.2013.2.2 Page 12 of 13 Date: 10/5/2016 10:35 AM 6.2 Area by SubCategory Unmitigated ROG NOx COSO2 SO2 Nil�7`7-- Ex haust7x "OW6 Fugitive Exhaust PIA2.5 lo- C 2 to- CO2 Total 0 N20 CO29 PM10 PMIO � I Total PM2,6 PM2.6 Total Category lb/day, lb/day M41gWed 1.00000- 04000 1,00000� i 0.0000 0,0000 : 1 0.0000 OMOO 2,2M06- 0,Kr)Q 22004® 0.0000 Coating 005 004 004 004 ....... 004 - Unmitigated ®= -1 .a7oU; 7 0=00 1.00008- 0,0000 0.0000 00000 MOW 0,0000 ----------- -------- 2.2000e. 2.20OOe- 0,0000 0; 6; 2.3 0 Products 006 004 004 004 004 6.2 Area by SubCategory Unmitigated ROO NO x CO SO2 FugRive, Exhium—tj hauat P102.6 810- CO2 NSfo-Cb2 Total CO2 Cfi4 N20 CO29 PM10Total pmI0 I PM2.6 N12.5 Total SUbCategory —I lb/day IbIday, Architectural 0 0000 00000 0,000 0.0000 0 000 0,0000 0.0000 Coating onsumer 00000 ----------.m__ --- -77' W66 - 7 W66' T 0000 ...... 0.0000 U000 Products Landscaping 1.=Oe- 0.0000 IAMB- 0.0000 0.0000 0 0000 U000 MOW ............ .... 2.2000e. 2.20OOe- U000 2=666-' 005 004 e a.... 004 004 004 Total 1.0000.. 1.0000.- - Jv 0.0000 1 We. 0.0000 010000 0.0000 010000 . ...... 0.0000 2.20000- 2.20009' 2.3000e- 005 004 004 004 . - 004 El- CaIEEMod Version: CaIEEMod,2013.2.2 Page 13 of 13 Date: 10/5/2016 10:35 AM 6.2 Area by SubCategory Mitigated 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day DaysNear Horse Power Loed Factor Fuel Type I 10.0 Vegetation P'tOl3' Nr'w W62 Fugltive -Exhaust PM10 Fugitive Exhaust PM2.6 e'It1-0O2 NUN- X) rota0 , X614 N2a0 S.4A20 PM10 PM10 Total PM2.6 PM2.6 Total SubcMagory worry IINday. Consumer 0.0000 0,0000 + 0.0000 + 0.0000 + 0.0000 0.(:)000 0,0000 Products i i q Landscaping 1,0000e- 0.0000 1 00OOe- 0.0000 0.0000--- 0.0000 ry 0,0000 0,0000 9 2.20008- 2.20008- 0,0000 2.30000,- 005 004 �� 004 004 004 6p -0.00110- Archllectural 0,0000 0 0000 �, 0,0000 u O 0000 0.0000 a- �« 0,0000 + Coaling Total 1.00008- 0,0000 1,OOOOe- 0.0000 0.0000 0.0000 0.0000 0.0000 2,2000e- 2.2000e- 0.0000 2.30008- 005 004 004 004 004 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day DaysNear Horse Power Loed Factor Fuel Type I 10.0 Vegetation CaIEEMod Version: CalEEMod.2013.2.2 Page 1 of 13 Date: 10/5/2016 10:36 AM 1.0 Project Characteristics 1.1 Land Usage Nand Uswe So-ze User Uefrned CarnrrnwcW 1.00 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s) Climate Zone 9 Utility Company Southern California Edison CO2 Intensity 63136 CH'4 hitenslty (Ib/MWhr) (IFiJMWhr) 1.3 User Entered Comments & Non -Default Data Baldwin Park Digital Billboard Los Angeles -South Coast County, Winter Mstrl'o User Deflnod Un Uq .clam o A ePopul, 22 Precipitation Freq (Days) 33 Operational Year 2016 0.029 fd20Intrrnsity OMO (IblM''NJtur) CalEEMod Version: CalEEMod.2013.2.2 Page 2 of 13 Date: 10/5/2016 10:36 AM Project Characteristics - CPUC GHG Calculator version 3c, worksheet tab "CO2 Allocations," cells AH/AQ 35-44. Land Use - Based on information provided by the client; Unit: digital billboard Construction Phase - Based on information provided by the client Off-road Equipment - Based on information provided by the client; off-highway trucks: cement trucks Trips and VMT - Based on information provided by the client; As a conservative measure, the Project will require one vendor truck delivery (two-way) per day; Assume 1.25 construction workers per equipment Architectural Coating - Vehicle Trips - As a conservative measure, the Project will require one trip (two-way) per day Road Dust - Consumer Products - No consumer products Area Coating - Landscape Equipment - No landscape Energy Use - Based on information provided by the client; 6,500 kWh generated per month Water And Wastewater - Solid Waste - Construction Off-road Equipment Mitigation - uueewnuVersion: mueEmod.2mm.o.2 Page om1u Table Name Column Name Default Value mu°�o� � �n��o�amp�' ^ mm —_.--_-----__- �__-------'__ tblAreaCoatln- . ReapplicatlonRatePercent —..... ---.---__4—_-------.—_^ m�m�� s mm ........ ---_--_-+------_--.-- ...........�� mmn�a�vmnm°m noe_� __—_-�--.---_--.__ m�=w� �� ' mm —_'...'.--- ............................ mu°�o� � �n��o�amp�' ^ mm ............ ---+— -------------------------- mmnxao�u�mem ; vnRoudEnuwmam/mm ------------r---------'--' pment .OffRoadEquipmentType ........ ---_--_-+------_--.-- mmn�a�vmnm°m � � 20 _—_----__-.—___^.^^_^._^^.^^.^,~^ mmnx�o�mnm°m ' : 2,0 _-------- ......................... mmnn�u�"�m�t : u�u�"m° � ww _ _—_--__—_—__^___^.--^...—.,^...'-~. oum"w"��o*o : 630a9 ....... ............. —... ....................... — r— _—'._---__._—'-----__—. mnn�x�vmr : v�umr�wmn�, : mm ___--_---___�—_-------- ___ mnns«�vmr , vome�n�"m�, ' mm .... ---_-4—_ . -------_ __ mmomm°mn . ov�rr : mw ,'.—^----............ mmemo�mn ' pn_� z mm --------_—.. Date: 1o/5/2o1e1000mw CaIEEMod Version: CalEEMOd.2013.2.2 Page 4 of 13 Date: 10/5/2016 10:36 AM 2.1 Overall Construction (Maximum Daily Emission) t.lnrnifluated Ctlnstructl .n ROG NOx CO SO2 Fugltive Exhaust PM70 Fugitive Exhaust PM2.6 Bla-0O2 NBIo-0O2 TotaICO2 CH4 N20 CO2e PM10 PM10 Total PIM2.6 PM2.5 Total Year lb/day Ib/day 2016 20657 24.8590 I6 6557 a 0A291 n 0,1019 0,9542 1.0560 a 0,0273 0.8778 �.. 0,9051 t. 0,0000 : 2,997.302 : 2,997..302 : 0.8686 0.0000 3,015.543 4 4 � � , , 2 Total 2.0657 24.8590 10.8557 0.0291 0,1019 0.9542 1.0560 0.0273 0.8778 0.9051 0.0000 2,997.302 2,997.302 0.6668 0.0000 3,015.543 4 4 2 ROO NOx CO SO2 Fugitive Exhaust BIo-CO2 NBIoPM10 I PM90 !M10.5 el Year Iblday Ibldey 2016 20657 24,8590 10 8657 0.0291 0,1019 0,9542 +. 1,0560 0 027 e 0.6778 0 0,9051 0.0000 2,997,302 2,997 302 + 0.8686 + 0,0000 3,015.543 Z , u w w � � i a e � B o a 4 , i n ,i 1 0. i a 2 Tata! •, , 2,0657 24.8590 u 10.8557 0.0291 0.1019 0.9542 1.0560 0,0273 0.8778 0.9051 0.0000 2,997.302 2,997.302 0.8888 '.. 0,0000 3,015.543 11 4 4 2 ROO NOx CO 302 '.. Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 BIo-CO2 NBIo-0O2 TotalCO2 CH4 N20 CO20 PM10 PM10 Total PM2.5 PM2.5 Total Percent 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.60 0.00 0.00 Reduction CaIEEMod Version: CalEEMod.2013.2.2 Page 5 of 13 Date: 10/5/2016 10:36 AM 2.2 Overall Operational -Umnf,figa w -g r l X11 t40fi 403 0 sot Fugnlve Exheuel PM10 Fugnlva Exhaust PMU alr: CO2 NGItr-CO;; Total CM CH4 N20, CO20 PM70 PM70 Tolal PM2.6 PM2.6 Total Categary Ib/day lwtjmy Ib/day Area w" t 000,19- " 0,0000 + 1,00006- 0,0000 � � 0,0000 0.0000 " + 0,0600 + 0,0000 2.2000e- 2,2000e- r 0,6000 0.0000 2,i1000tu= 006 004 004 004 004 004 Energy 6,0000 0 0000 a 0.0000 0,0000 0.0000 0,0000 r 0 0000 0.0000 ry 6.0000 0.0000 U000 .0000 0,000-O- " w 0,0000 W Mobll6 0,0105 0.0402 0 1464 1700 r 0,0267 5 80010' G 0262 i 5,40009 7A000e- 32,5262 w 32,5262 0 ----------------- 1,37000 + 32.5550 .,...,......... Mablle ,...... 0.0105 _...w.m.. 0..0402 .. _....-...+..004.._.'_ 0.1464 3 70000 .....�:,. 0.0257 5 8000e- .'...._003 0 0262 6.86000 .x._....'003-...�...., 5.40000 7A 0"' -i. .- 4 32,5262 32.-_- 32,5262 1,370 1.37006 ....-....,� + 32,5550 Total • 0.0106 0.0402 0.1485 3,70009- 0.0257 004 0,0262 im�004 5.4000x- 7.40000- e. 32.5264 32.5254 1.37009- 0.0000 32.6662 Total 0,0106 0.0402 0,1486 3.70009- 0.0257 6,80009- 0.0262 8.8600e- 6,40000- 7,40006• 32,6284 32.6294 1.3700x- 0.0000 32.5552 004 004 003 004003 003 ROO NOx CO &02 Fugnlve Exhaust PLEI! ust PM2.6 Elo-0O2 NElO-CO2 Tatal CO2 CH4 N20 CO2e PM10 PM10 TPM Total Category Ib/day, Ib/day Area 9.00000. OGGGG + 9,00000- + 0.0000 0.0000 " 0,0000 " + 0.0000 0.0000 a. 22000e- r 2,2000e- 0.0000 2.3000e- 005 004 a 004 004 004 Energy 0.0000 0.0000- 0,0000 0 0000 0 0000 0 0000 + 0 0000 0,0000 OAMOO 0.0000 0.0000 0.0000 0.0000 Mobll6 0,0105 0.0402 0 1464 1700 r 0,0267 5 80010' G 0262 8,4 006 " 5,40009 7A000e- 32,5262 w 32,5262 0 ----------------- 1,37000 + 32.5550 + w + i i 004 u 004 � + 003 o + 004 003 r a » r 003 r. i r Total • 0.0106 0.0402 0.1485 3,70009- 0.0257 5.60009- 0,0262 6.86OOe- 5.4000x- 7.40000- 32.5264 32.5254 1.37009- 0.0000 32.6662 004 004 003 004 003 003 CalEEMod Version: CalEEMod.2013.2.2 Page 6 of 13 Date: 10/5/2016 10:36 AM ROO NOx CO 1 802 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 — ..-...-.. '—____,_-�__~^~~~_____~'.~- Nrcent 0.00 0.00 0.00 0.00 eduction o LLF 3.0 Construction Detail Phase Phase Name Phase Type Start Date End Date Num Days I Num Days Phase DegcdpUon Number Week I :Building Construction Building Construction :12/1/2016 :12/7/2016 5: 5: Acres mGrading (Site Preparation phaoo):o Acres mGrading (Grading pxaoe:o Acres mPaving: o Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0 (Architectural Coating — sqft) Phase Name Building Construction :Bore/Drlll Rigs 8,00;, 206� —7-50 _co�_�o�n___ _____ _m �_n o�*wow�nu�a — ..-...-.. '—____,_-�__~^~~~_____~'.~- a"�n cv��mu o 0,2q0,2q_--' ammm onn.�"�n p�wn n m— m Building Construction :Tractors/Loaders/Backhoes 0: 8m: 97: 0 ��Z a No rip I count N I mber Number Length Length C As$ h1cl Building Construction 3 8.00,. 2,00: 0,00: 14,70: 6.90: 20.00:LD Mix �HDT Mix :HHDT CaIEEMod Version: CalEEMod.2013.2.2 Page 7 of 13 Date: 10/5/2016 10:36 AM 3.1 Mitigation Measures Construction Clean Paved Roads 3.2 Building Construction - 2016 _or' -site ROG NOY CO Sol Uve f"I'V CAN St INIQ FugMvrd - - ------- ----- Fihaliit PM2,6 mo� c m N810. CIO ,,I, PmIo TOW PM2 6 Off -Road 2,0100 24.6299 v 10,0870 0.0275 0,9505 0.9606 m 0,8746 0,8745 2,880M9 2.860,821 0.8829 v 2,678.942 4 4 Total 2.0100 24.6299, -1p.0870 0.0276 O.B606 0.9506 0.8745 0.3745 2,860.821 2,8160.821 0.8629 F2 070,9421 4 CaIEEMod Version: CaIEEMod.2013.2.2 Page 8 of 13 Date: 10/5/2016 10:36 AM 3.2 Building Construction - 2016 -VI Wd CQtt t9.,v-qI on 9IL6l IUN.I.tL01Imm¢: �6 rY� ti��tl�_r�s�.t�u R00 Nbx CO 802 FuglUve Exhaust PM10 Fugalve Exhaust PM2.5CN4 Ngo CO2e PM2.6 PM2.6 '.. Total ' PM10 PM10 Tolal PM2.6 PM2.6 Total =L] Category CI tP-RoaII 2.0100 24.6299 Ib/day ; 0,8745 0.6745 + 0.0000 a 2,860.921 2,860821 ; 0,8629 d w 2,878.942 Ib/day ®0 e no Nauling ++ 0.0000 t OCNI3k'N b 0 X'J000 00000 a r 0,0000 0.0000 0.00(70 0 0000 + 00000 � 0.0000 r omoo a 0.0000 = OA000 ^ O,{NOOPk 0.8745 0.8745 i .2,880.821 0,9029 2,978,942 4 9 �!1121 Vendor O,o1B6 0,1794 02476 44000o- 00125 w 27700x- 00152 3,5500s 2,540ox fi,09600- 43.fhi84 43.6784 3,3000e r 43,BB54 004 003 003 003 003 004 Worker 0.0371 0,0497 0,5211 211 1 10000- n 0.0894 85000s- 0,0903 0,0237 7.8000e 0,0245 a 92.8025 92.8025 5.3500x 92.9149 003 004 004 003 Total 0.0557 0,2251 0.7807 1.5400e-=1019i-mooe- 0.1055 0.0273 3.3200e- 0,0308 136.4808 136.4808 B,BBOOe- 138.8003 003 003 IUN.I.tL01Imm¢: �6 rY� ti��tl�_r�s�.t�u NOx CO SO2 Fugitive Exhaust PM10 Fugltive Exhaust PM2.6 Blo-0O2 NBIo-0O2 TotaICO2 CH4 ILiiOG PM90 PM10 Total PM2.6 PM2.6 '.. Total =100O2e category.. Ib/day Ib/day CI tP-RoaII 2.0100 24.6299 10.0870 0..0275 ` 09505 09605 ; 0,8745 0.6745 + 0.0000 a 2,860.921 2,860821 ; 0,8629 d w 2,878.942 ®0 e no i r v r i 4 ; 4 9 e n m Total 2,0100 24.6299 10.0870 0.0275 0.9505 0.9505 A 0.8745 0.8745 0.0000 .2,880.821 0,9029 2,978,942 4 9 �!1121 CaIEEMod Version: CalEEMod.2013.2.2 Page 9 of 13 Date: 10/5/2016 10:36 AM 3.2 Building Construction - 2016 Mitigated Costs trtwIl ul QfUlW, 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROI NOx CO 302 g FPM10 aust P=PMQ 0 -� �PM2s61 PMrda6 BIS .,= Nalo:= "T'e191CO2'�: 014 N2,0 CO'Xd T 2.6 Tolel '.. PM10 Tot® �Y�M'2,T� ". ... cflgegury+... mm Ib/day Mlllgaled «+ 0.0105 + Ib/day 01464 3,7000e- i. 00257 + 640009- I 0,021w26,8600e- 5,40000- 7.40000- 32,5262 I 32.5262 0 1,3700e- ® 0 32,5550 Vb day ..... kwAl4ug epi 0,0000 + 0.0000 0,0000 0,0000 0,0000 I 0:0000 I 0,0000 n 00000 0,0000 a 0,0000 0.0000 0,0000 w I'9.OU00 t y 0.0000 - - -Vendor - - 0.0186 0,1794 X 02476 1 4 40 Oe- 0 0125.. , -2 77 e- ± mm0 0152 3, 50 a �I 2, a 6, 0-� 43,6784 +F 43,6784 3.30OOe- -. 43,8854 ,.I 004 O0.0125...... 0 0 3 y 003 03 003 004 Worker 0.0371 0.0497 0.5211 1 1000e- 0,0894 + 6 5000e- 0.0903 0,0237 7.8000e- 0,0245 92,6025 92.8025 �5,3500e + -92,9149 003 004 004 003 Total 0,0667 0.2291 0.7667 1.6400e- 0.1019IT�= 3.3200e- 0.0306 138.4609 139.4809 5.6800e- 136.6003 I.-] 003 003 003 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROI NOx CO SO2 Fugttive Exhaust aust P=PMQ PM2.6 Blo-CO2 NBlo-CO2: Total CO2 '.. CH4 N20 CO2a PM90 PM70 2.6 Tolel Category Ib/day mm Ib/day Mlllgaled «+ 0.0105 + 0,0402 01464 3,7000e- i. 00257 + 640009- I 0,021w26,8600e- 5,40000- 7.40000- 32,5262 I 32.5262 0 1,3700e- ® 0 32,5550 004 004 003 004 003 003 _•..�..T�.------r-------^--`----r-------r------�-_____.T_------r------ ..Unm n i i i i o i i .gym r`_`----r-------r-------r------ e ... g sled 0,ltl 0105 0.0402 0,1464 3.70000- 0.0257 5 8000o- 0,0262 6.8600e- 5,4000e --r 7 4000e- 32,5262 32.5262 1.3700e- + ? 32 5550 004 004 003 004 003 003 CalEEMod Version: CalEEMod.2013.2.2 Page 10 of 13 Date: 10/5/2016 10:36 AM 4.2 Trip Summary Information 4.3 Trip Type Information t,ffA tl4OTI LO R2 MDV I LHD1 I LHQ2 11 MHD J 1 HO L1&tJ Lt59A NIGY ICtl7 MH 0533598: 0.056434: 0.178244: 0125.508: 0.038944; 0.006283 001642.5 0.031066: 0.002453: 0.003157: 0 001691: 000064'3 1.( etail Historical Energy Use: N 5.1 Mitigation Measures Energy ROG NOx CO SO2 Fugltive Exhaust I PM90TPlve Exhaust PM2.5 Blo-0O2 Mlo-0O2 TotsICO2 '. CH4 N20 CO20 PM10 PM10 Total2.5 PM2.5 Total Category Iblday Ib/day NakwolCirtr •i 00000 0 0.0000 0.0000 0,0000 a 0.0000 0,0000 + % 0.0000 u 0.0000 + 0,0000 + 0,0000 0.0000 0.0000 0.0000 Mltlgaled ' + .--NaturalGaso_._T..-._,�.......Y--`---�-----"r---`--Y------'"__-4------ 0,0000 OA000 ' 0.0 00 0,0000 O,OOtlO OA000 0,0000 0,0000 ��0.0000-� 0.0000 T o.nnno T 0,0000 T 0,0000 � �. Unmltlgaled CaIEEMod Version: CalEEMod.2013.2.2 Page 11 of 13 Date: 10/5/2016 10:36 AM 5.2 Energy by Land Use - NaturalGas Unmitigated 6.0 Area Detail 6.1 Mitigation Measures Area 'NelurelOa Roc NOx CO 8O2 Fu®Blue Exheuet PM10 Fugklve Exhaust PMz.6 '. Bla-CO2 N610-002 Tole1002 CH4 N20 cote a Use PM10 '.. PM10 ..Total PM2.5 PM2,6 Total Land Use k6TU/yr Ib/day Ib/day User Defined 0 1i... 0.0000 0,0000 ! 0.0000 +00000 + r 0.0000 10,0000 + 0,0000 0,0000 " 0,0000 A 0,0000 0,0000 r 00000 0 010000 Commercial , 0 e Total 0.0000 0.0000 0.0000 0.0000.. 6A000 0.0000 0,0000 0.0000 0,0000 0.0000 0.0000 0,0000 0.0000 Mitigated NeturalOa ROO NOx CO 502 Fugitive Exhaust PM10 Fugklve Exhaust PM2.6 Blc-CO2 NBIo-002 Total CO2 CH4 N20 CO2e a Use PMI 0 PM10 Total PM2.5 PM2.5 Total Land Use kBTUtyr Ib/day Ib/day User Deflned 0 90.0000 r 0,0000 p 0,0000 00000 p + 0.0000 ® 0.0000 r 0.0000 0,0000 0,0000 r 0,0000 0.0000 r , 0,0000 " r 0.0000 Commercial S" ' u � n , ® � d " n w Total -- IF 0.0000 010000 0.0000 0,0000 0,00001-0.0000 0,0000 0.0000 0.0000 0.0000 "600 0.0000-------- 0.0000 6.0 Area Detail 6.1 Mitigation Measures Area CaIEEMod Version: CaIEEMod.2013.2,2 Page 12 of 13 bate: 10/5/2016 10:36 AM 6.2 Area by SubCategory Unmitigated ROG NO# ROG NOx CO &02 1 1: Iva Exhaust PM10 FugRlve Exhaust PM2.6 Bla-0O2 NBIO-CO2 Total CO2 OH4 N2O CO2e '...... PM10 PM10 Total PIV26 "PM2,& total PM10 PM10 Total PM2.5 PM2.6 Total Iblday Category tbldaln„y Ib/day + 0 0000 ^ � 0 0000 Ib/day 0:06100 Mltlgated •+ I0000e- Q,OMMb 100000- ;V0000 0.0000 + 0.0000 0.0000 i' 0.0000 22000®• 2,2000e- m 0,0000 2..3000e- i 005 004 0,0000 00000 + O,000Omm 004 004 004 Unrrdtlgaled 1.0000®- '.......-- 0,0000 1 OOOOe- i 0,0000 0,0000 + ----T------ 0=00 m 0.0000 0,0000 220OOe• T 2 2000e- T 0,0000 T ? 2rv3000e• • 0,0000 0.0000 0,0000 r 005 004 yp 22000® 2.2000e �— 0.0000 + 2.3000e- • 005 0414 004 004 004 6.2 Area by SubCategory Unmitigated ROG NO# CO 302 '... Fuglllve Exheuet......PM10 fuglllvo Fatln000 PM2.5 t9.tl0•Ct7wt. N't41t'i GOP Cakatl&:OYd C'H'4 P120 ,;020... .. '...... PM10 PM10 Total PIV26 "PM2,& total -'6aiMC8tega7ay " Iblday tbldaln„y Ayclrlksukusal + 0 0000 ^ � 0 0000 0.0000 0:06100 0.0000 r w 6�OCM10 0.0000 Coating i Consumer 0,0000 0,0000 0,0000 00000 + O,000Omm 0.0000.0,0Q00 Products Landsca ng 1 n0000- 0,0000 1.00000- 0,0000 0.0000 0,0000 r ^ 0 0000 0,0000 yp 22000® 2.2000e �— 0.0000 + 2.3000e- • 005 0414 y. 004 004 0.0. 004 Total 1,00006- .0000 1.00000- 0,0000 0.0000 0.0000 0.0000 010000 2.2000e- 2.2000®- 0.0000 2,30008- 005 1-0 004 004 004 004 CaIEEMod Version: CalEEMod,2013.2.2 Page 13 of 13 Date: 10/5/2016 10:36 AM 6.2 Area by SubCategory Mitigated 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day DaysNear Horse Power Loed Feclor Fuel Type 10.0 Vegetation ROO NOx CO 502 FugHlve Exhauet mo Fugidve Exhaust PM2.6 Blo-CO2 NBIo-0O2 TotalCO2 CH4 N20 CO2e PM10 PM10 Total PM2.6 PM2.6 Total SubCategory Ib/day Ib/day Consumer :Id 0A000 r r + 0.0000 0,0000 r 0,0000 0,0000 i 0,0000 I I 0,0000 Products Landscaping ± 1 00008- 0.0000 9 OO60e- 0.0000 0 0000 0 0000 0 0000 0,0000 r 220000 �m2,2000e � 0,0000 r �� 2,30008- 605 004 004 004 004 Archil ciural 00000 0,0000 0,0000 00000 0,0000 0.0000 r 0.0000 Coating azi r i i a r r r r v i Total 1.00008- 0.0000 1.00008- 0,0000 0,0000 0.0000 0.0000 0,0000 2,20008- 2.20008- 0.0000 2.3000a- 005 004 004 004 004 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day DaysNear Horse Power Loed Feclor Fuel Type 10.0 Vegetation CaIEEMod Verslon: CaIEEMod.2013.2,2 Page ) of 16 Date: 10/5/2016 14:32 AM 1.0 Project Characteristics 1.1 Land Usage Land lues Size User Defined Commercial 1,00 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s) Climate Zone 9 Utility Company Southern Callfornle Edison CO2 Intensity 533,35 CHd Intensity (Ib/MWhr) (Ib/MWhr) 1,3 User Entered Comments & Non -Default Data Baldwin Park Digital Billboard Los Angeles -South Coast County, Annual (Metric LOT Aci reaae 1M1oor;Surfaoe vacua Po{,7rmistlotr User Deflned Unit 0.00 tali 0 22 proci'p1tatton Fraq (gays) 33 Operational Year 2016 0029 N20 Intensity 0.006 (lbWfflir) CalEEMod Version: CaIEEMod.2013.2.2 Page 2 of 18 Date: 10/5/2016 10:32 AM Project Characteristics - CPUC GHG Calculator version 3c, worksheet tab "CO2 Allocations," cells AH/AQ 35-44. Land Use - Based on information provided by the client; Unit: digital billboard Construction Phase - Based on information provided by the client Off-road Equipment - Based on information provided by the client; off-highway trucks: cement trucks Trips and VMT - Based on information provided by the client; As a conservative measure, the Project will require one vendor truck delivery (two-way) per day; Assume 1.25 construction workers per equipment Architectural Coating - Vehicle Trips - As a conservative measure, the Project will require one trip (two-way) per day Road Dust - Consumer Products - No consumer products Area Coating - Landscape Equipment - No landscape Energy Use - Based on information provided by the client; 6,500 kWh generated per month Water And Wastewater - Solid Waste - Construction Off-road Equipment Mitigation - calesmudVersion: oe|EEmvu.2o1n�.2 Page oofm Table Name I ColumnName 11 Default Value mmmeCommn ;Area Nonresldentlal,,Interlor: 2 ^—.---_--____ ............................. mmmoGoatinu : '" _... ----.—_--_+_^-----_---_- mm"��mw^�°� � wmno�" � mm ^_---_---__—_-+_^_---_---_- �o��me*wu�� nua-s : IonE-v _.---_----__-*_^_---------- m�n�m�s � r�s � mm —_--_—._---_+_----------. mua�u� � �"��a�°mp�t : mm _----_--._—_^+_^_--------._ mmnft°��mm°m � : .^,--_----__^_.+._.---------_. mm�^�s�*m°� �OffRoadEqulpmentType� —.... _----___^+.___---_----^ mmn�°�vmnmom � : am _---_----_---*------------ mmn�ajEqupmem � ' 2.0 _--_-------__— mmnn=u�"�mem _ .---_---__ � u�o�"�� mm ......--------_-~_------- ---— � uoum*"��u*o : 630.89 __--_-------+__--------_^. Cbiprojeci6haracterlstics� "p�"�" `°° � °"~ _------ ----___+__.-------._, m��x�v�r � v�om�mwmn�, : mm .....m��o�^wwr � *"m°n=mmn�, � v/m .--.___---___+__.-----_—._. mwemuemn � ow_np � mm .......... ----_-_^*—..--_-----__ mw"mm"�n � pn�p ' mm —....... —............ -^_.^ ...................... — Date: 10/5/2016 10:32 AM am _________ o .......... Ie -10 ----------' 78.000.00 _________ 'I.00 ---'----- �m -- n� ---''''''''''--'—'' Off-mghway Trucks '---'''''''''''''''—' mm ----'------ 0.00 ---------- mm ......................�. 533.36 ..........�. snu ----'^^--^^—''~ 2.00 y.00 _............ _........ 100.00 ________ 100.00 -----'------ mm CaIEEMod Version: CalEEMod.2013.2.2 Page 4 of 18 Date: 10/5/2016 10:32 AM o1Overall Construction ROG NOX J ---CO .2 Fugitive EUXhauatt PM1 F —Fuakivo t B10-002 NBlo-0O2 Total CO2 CO28._ 2016 5.16OOo- 0,0622 0,0271 i 7,00OOo- 2,50008- 239OOe- 2,640e- 7,0000e- V000e- 22600e- MOM 6 8016 6.8016 1,9700e. 0,0000 6.8430 003 005 004 003 003 W5, On M om 2.5000e 1-3900a. 2.8400e- 7.00000- 2,1900 Total 11 5.16008- 11 0.0622 0.0271 7.00000' a- 2 260&W-- 1�� 005 004 003 003 005 003 11 003 _1_ROII NOX JCO 1 802 Fugluva Year tonatyr IAT/yr 003 005 004 003 003 005 003 2,26OOe- 0.0000 003 003 Total 5.16000- 0.0622 0.0271 .0000- 2. e- a- 2.14008- 7.0000e- 2.19OOe- 2,26OOe- 0.0000 618016 iwooe-, 004 003 1)3 005 003 003 003 005 ROG Ox CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.6 Blo-0O2 NSIO-CO2 Total 002 20 CO2e Percent 0100 0.00 0.00 0.00 0.00 0.00 0.00 Reduction CaIEEMod Version: CalEEMod.2013.2.2 Page 5 of 18 Date: 10/5/2016 10:32 AM 2.2 Overall Operational co 802 POgnlve Exhaust PM90 PuplBva Exhaust PM2.5 alb- CO2NBlo - CO2 To F tal CO21 CH4 I N20 I CO2a PM2.5 Total ,II Category I lonslyr MT/yr Area 0,0000 ^ 0.0000 a 1.00006- 0.0000 i0,00000 .0000 0,0000 0.0000 0.0000 2.00006- 2,00000- 0.0000 0,0000 300000. 006 006 006 006 0 En6rgy 0,0000 0.0000 0,0000 18.9577 003 004 3-30-0'e'-: 0,0193 5.00OOe- 3.2700o 8,00000- 3.35008. 8.80008- 7,0000e- 9.50008- 0.00003 ,8797 3,8797 1.6000s- . i;i3i 003 003 005 003 006 003 004 006 004 004 .... ....... --- -'- ---- ------- ------------ 0,0000 0.0000 (T �660 . y0000 0=00 0,0000 0.0000 0,0000 0.0000 0.0000 ........ ....------- V�alar.... 0moo OMOO 0,0000 0,0000 0,0000 0.0000 0.0000 0.0000 0,0000 0.0000 Total 1.3100e- 5.3300e- 0.0193 5.000Oe- 3.27009- 8.0000e- 3.36009. 818000e- 7.00009. 9.6000 0.0000 221 22.7501 1.1900e. 661 2.10000- 1 22.8408 003 003 003 006 003 004 005 004 003 004 CaIEEMod Version: CalEEMod.2013.2.2 Page 6 of 18 Date: 10/5/2016 10:32 AM 2.2 Overall Operational ROO I NOx CO 602 FugitiveExhaPM10 Fugitive Exhaust PM2.6 Blo-0O2 NBlo-0O2 TotalCO2 CH4 N20 CO2e PM10 PustM10 Total PM2.6 PM2.5 Total Category lona/yr MTlyr AAfea :� 0.0000 a 0,0000 a 1,00006- + 0,0000 + 0 0,0000 a 0,000& + 0.0000 + 0,0000 0.0000 2,YSdi1`hOe- + 2,04'WOOe- + 0,0000 + 5000 ^ 3.00008- 005 + 00W 005 005 + Energy - 0,0000 O,000OW 0 0000-� 0 O606T� 0 0000 ,--0 0000 m + 0 0000 0.0000 0,0000 98.0704 �� 18,8704 1.0300e 2.1000e + 18.9577 003 004 + + MoblNe 1,3100e- 5,3300e- +� 0,0193 5,00000- +�3 2700e-� +w8 0000e� +� 3.3500e- ��8 BOOOemm +�7.000Oe- � 9,50006•y 0.0000 3.8797 3.0797 �1.6000e- �0,0000 3.0039 003 003 005 003 006 003 004 005 004 004 - Wastle _ 0,0000 0.0000 + 0,0000 0,0000 t 0,0000 „ 0,0000 ® 0,0000 0..0000 a� 0.0000 0,0000- + + Wader 0 0000 w 0 0000 o ao00 0.0000 0.0000 0,0000 +� 0.0000 0.0000 0.0000 m 0.0000 „ w u c a + w e Total 1.3100e- 5.33006- 0,0193 5.000Oe- 1 3,27009• 8.0000e- 3,3500e- 8,80006- 7.0000e- 9.60009- 0.0000 22,7501 22.7501 1.19009- 2.1000e- 22.8408 003 003 005 003 005 003 004 005 004 003 004 ROO NOx CO 802 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Blo-0O2 NBlo-0O2 Total CO2 CH4 N20 CO20 Me PM10 Total PM2.5 PM2.5 Total Percent 0,00 0.00 0,00 0.00 0,00 0.00 0,00 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Reduction 3.0 Construction Detail PhasePhase Name Phase Type Start Date End Date Nom Days Num Days Phase Description Number W'oolk i 1 :Building Construction :Building Construction a 12/1/2016 :12/712016 5 5 Acres of Grading (Site Preparation Phase): 0 CalEEMod Version: CalEEMod.2013.2.2 Page 7 of 18 Date: 10/5/2016 10:32 AM Acres of Grading (Grading Phase): 0 Acres of Paving: 0 Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0 (Architectural Coating — sgft) offtiAt uatil ptit Phase Name Ottroad Equipment Type Amount J1 Usage Hours Horse Power Load Factor Yi.11kiinrg' Construction ;C1orafi) Ill Rigs fl B.00q 24 p 0.F IldnNret Construction -Off-Highway Trucks a 8,00 400; 0.3 �� h.iNrJ%ovq Construction ^Cranos 8 e 8.00 226: rl.2 Rtilihn Construction g °Forklifts i 0 6.00: 89: 0,2 lulkling Construction . rractrorell.oaclam Lgackhnes 0° 8.00: 97� 01 Iri-4AY-1VIT Phase Name oifroad Equipment I Worker Trlp I VendorTdp Hauling Trip Worker Trlp Vendor Trip Hauling Tdp Worker Vehicle Vendor Hauling Count Number Nur,, Number Length Length Length Class Vehicle Class Vehicle Class E#ulldinug Canstruction ;, 3: 8.00, 2.000 0.00: 14.70; 6.90: 2000;1-D_Mlx ;HDT_Mix ;HHDT 3.1 Mitigation Measures Construction Clean Paved Roads CaIEEMod Version: CalEEMod.2013.2.2 Page 8 of 18 Date: 10/5/2016 10:32 AM o.0Building Construction '20M0 Role NOx CO Fugitive I Exhaust Off -Road 60300e- 0.0816 0.0252 7.00OOe- 2.38OOe- 2 3800e- 2.19OOo- 2.19OOe- 0 0000 6,4882 6.4882 1,96008- 0,0000 6,6293 0.0000 003 0,0000 005 003 003 003 003 003 4,00OOo- Total 5.03008� 0.0616 ;,06607 7.00006- 00996 0.0000 0,0000 119668: -T--i —10�00E4882 1.96000. 0.0000 6.5293 005 006 1--TF2E Role NOx CO Fugitive I Exhaust i),0000 �Jmu 0,0000 0.0000 0,0000 0,0000 omoo 0,0000 0,0000 0.0000 U000 0,0000 0.0000 0.0000 01 fW000 4,00OOo- 1 00000 00000,50e- 2,00000,90e- ;,06607 0 0996 00996 0.0000 0,0000 0.0996 005 004 004 005 005 005 006 r 900000- 1,30008- 1.33008- 0.000; 0.0000 220OOe- 60000o 0.0000 6,0000a- a 0000 0 2139 0,2139 1 00OOo- 0.0000 0.2141 005 004 003 004 004 005 005 005 66 5.90006- 1,92006- 2.6000e. 1,0000o- 2 1:10OOe- 7,0C 7347[b000s. 0.0000 0.3137 1=1. 004 004 0013 I= 004 005 1 004 01 — 9= 005., . . I CaIEEMod Version: CalEEMOd.2013.2.2 Page 9 of 18 Date: 10/5/2016 10:32 AM 3.2 Building Construction - 2016 4.0 Operational Detail - Mobile ROG NOx CO 802 FuglOveExhaust '.. PM10 --[.Fu®ttive Exhaust PM2.6 Blo-CO2 'NBlo-CO2 Total CO2 CH4 N20 CO2e PM10 PM10 '.. Total PM2.5 PM2.6 Total category..... tonalyr MT/yr Off -Road 50,Uloe- 0,0616 0.0252 7000Oe- d 2, 3800e- 2.38OOe- 2,19008- 2,1900®• 0.0000 6.4882 6.4002 1.9600e- ® 0.0000 n 6.5293 i r i 00:3 006 003 003 003 003 003 Total 5.03008- 0.0818 CIS 252 7.00008- 2.38008-2.38008- 2.19008- 2.1900e- 0.0000 0,4882 8,4882 1.96008- 0.0000 8,5293 003 005 003 003T 003 003 003 [gakd--9-natrmGilgn,,GQ 1t, ROG NOx CO 802 Fugttive Exhaust PM10 FugNve Exhaust PM2.5 Blo-CO2 NBIo-CO2 1 AM CO2 CH4 N20 0029 PM10 PM10 Total PM2.6 PM2.6 Total Cate®ory.. tonaryr... '.,, MT/yr Hauling 0,0000 0,0000 0,0000 a U'DOGO i. 00000 00000 0,0000 0,0000 0.0000 0,0000 0.0000 0.0000 0.G7OW 0,0000 0orol) 0,0000 Vendor 40000e- 46000e- 59000e- 00000 30000e- 10000e- �~40000e• ��9.000Oe 1.000Oe2.00OOe- 0.0000 i• 0,0995 ®� 0.0995. 0,0000 0.0000 0.0996 005 004 004 iDtiFq 005 ; 005 i 005 005 ; 005 i �6,000Oe �� X02139 -0.2141 Worker® 500000- 13000x- k3300e. 00000-..„.,,22000e-• 0,0000 0,0000 0.00008- py 0,0000 0,2139 1.00008 0.0000 006 004 003 004 004 005 005 y, 005 Total w 1.30000- 5.90008- 1.92008• 0.0000 2.60008• 1.000Oe- 2.60000• 700008- 1.00008- 8.00008- 0.0000 0.3134 0,3134 1.0000e- 0.0000 0.3137 004 004 003 004 005 004 005 005 005 005 4.0 Operational Detail - Mobile CalEEmudVersion: mgEEMou.2m1n�.2 Page 1om10 Date: 1om/2o1o1ouzAw 4.1Mitigation Measures Mobile *.cTrip Summary Information 4.aTrip Type Information 0 633598: 0.058434; 0.178244: 0.125506: 0.038944: 0,006283: 0 016425: 0,031066: 0.002453: 0,003157: 0,003691: 0 000543: 0'( | Historical Energy Use: w ROC®R NOX CO S02 Fugitive Fugitive Exha Category tonatyr MT/yr 003 003 005 003 005 003 004 006 004 004 1 OOe- 6,3300e- 00193 6.0000e- 3.2700e- 8.00OOe- 3.35006- 88000 7.0000e- 9.5000e- 0.0000 3,6797 3,8797 1.6000a- i;tiil, 003 003 005 003 005 003 004 005 004 004 *.cTrip Summary Information 4.aTrip Type Information 0 633598: 0.058434; 0.178244: 0.125506: 0.038944: 0,006283: 0 016425: 0,031066: 0.002453: 0,003157: 0,003691: 0 000543: 0'( | Historical Energy Use: w CaIEEMod Version: CaIEEMOd.2013.2.2 Page 11 of 18 Date: 10/5/2016 10:32 AM 5.1 Mitigation Measures Energy _ HOa N0x 04i I 502 tmuugVIIT, Etw77aaia't PMtO Flag4lva Exrlaunt PIM25 Mr. CO2 h+WO.002' 1 1ICO2 CH4 N20 CW PM10 PX, Total I PM25 PM2.5 Total Category tons/yr MTlyr Electricity 0,0000 X 0,0000 " 0,0000 a 0,0000 0.0000 18,8704 + 18,8704 1,0300e- " 2.1000®- 18.0617 Mitigated i FKhe1T;t PM10 f° gWve I Exhaust PM2.5 alo-0O2 t4810I CO2 r CH41 003 004 Electricity 0 0000 + 0 0000 0,0000 a 0,0000 1 0.0000 18,8704 18,8704 1,0300e 2,1000e T18.9577 Unmitigated PM10 PM111 Total PM2�,5. PM2,5 Total 003 004 NaluralGas 0.0000 0,0000 0 0006 0 0000 0 0000 + 0 0000 0,0000 " 0.0000 0,0000 0.0000 0 0.0000 0.0000 _ 0,0000 0.0000 Mitigated i + torraPyr MTNr *UnmlUgaled _®^®0,0000 T+-00000 T 00000_Y 0.0000 T ------T-0.0000 Tv00000 µ y® -_-Y®0.0000 -r-0,0000 0 0,0000 �m00000 Y�00000 T 0.0000 '-0.0000-' 0,0000 0 0000 a 0.0000 I 0.0000 A A 0.0000 00000 n i 0,0000 0,0000 0,0000 0.0000 5.2 Energy by Land Use - NaturalGas Ut1l:0ffig-. _. INDIWA 39 t70G' h10rC CO 802 FUUMVa FKhe1T;t PM10 f° gWve I Exhaust PM2.5 alo-0O2 t4810I CO2 TetalCO2 CH41 N20 C0'20 a Use PM10 PM111 Total PM2�,5. PM2,5 Total I„ankl rW a kaI Uqr torraPyr MTNr User Defined 0 fo 0 0000 0 0000 a 0.0000 I 0.0000 A A 0.0000 00000 n i 0,0000 0,0000 0,0000 0.0000 0.0000 0,0000 1 0,0000 - 0,000D Cemmerclal " " w Total 0.0000 0.0000 0,0000 M1Y,OV7�00 0.0000 0.0000 0.0000 0,00000:0000 0.0000 0„17G00' 0.0000 0,0000 0.0000 CaIEEMod Version: CalEEMod.2013.2.2 Page 12 of 18 Date: 110/5/2016 10:32 AM 5.2 Energy by Land Use - NaturalGas mifluat9d 6.3 Energy by Land Use - Electricity - - ---- ----- -- FlWftly TOW COI, CH4 N200020 't U40 and Uso xIMINIIY mPyr ............ U101, 0ofined 78000 18.8704 1,030Oo- 2.1000- 18,9877 comnwmAw Om 004 Total 98,8704 1.0300e- 2,10600 18.9877 003 004 ...x DIM PMIO fro Niles: Exfia�jsl M 6 WO.0O2 Wvrj-C*2 I'MAICO2 014 N20 CWO CPa M10 N4 W T010 PM2,5 PM216 TOW Land Use k,STWyr lon"r umor DOTIO"d I0 1: 0.0000 i0.0000 0,0000 i0.0000 v 0.0000 i0,0000 0.0000 00000 0.0000 0.0000 i0,0000 I0.0000 0,0000 I 0,0000 as L0.0000 -:— I 010000 0.0000 0.0000 .= 0.0000 0.0000 0,0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.3 Energy by Land Use - Electricity - - ---- ----- -- FlWftly TOW COI, CH4 N200020 't U40 and Uso xIMINIIY mPyr ............ U101, 0ofined 78000 18.8704 1,030Oo- 2.1000- 18,9877 comnwmAw Om 004 Total 98,8704 1.0300e- 2,10600 18.9877 003 004 CaIEEMod Version: CaIEEMod.2013.2.2 Paige`, 13 of 18 Date: 10/5/2016 10:32 AM 5.3 Energy by Land Use - Electricity , Lawd. nicael tEy r� sadCO, e 13H1, Nar� amsae Viamu C?odlsE ri a 70000fu 0.0704 1,01 00e— o 11000x- n Ob.Nl15'T7 i' wM5P4"1pnofe"htl Ki 0'03 �q n N 1 Total....... 10,8794 1 01 - 7.1000"- 101,677 003 O�.OA 6.0 Area Detail 6.1 Mitigation Measures Area R67G 8,02 Fulift .....1~ac�Nu§iwdV PM10 "vil,", F�'acTiksE '�M0'.iv 00s G;✓�J""�" U00Fat i,1t7;7 "0'o9aN �0�k Sam 7V2� EwCA�,'a F^j,t, Ar'UB'B0' TOIN Z,PM7,'5 TOW 0.a4aguroYT Boa��MpE' R«1T�C MIfigaEad 010000 0XJ000...p 60000e- 0.0000 � 0,0000 +..... —T G,0000 OtlU000 ....0.0000 -'�.�O,1CdC%sr � :�.0000�.. e i�p.{PS"Ddk � (IM00 300000. u 000e �..t�,0000 u 000 0011 ` 4105 Uamlllgaied 0.0000 O4k0p4'Y 9000.brY 00000 _-Y-o,0000- -iar�------'�.000007-a0000..�.o.0000'�z.000e®-�a.000�oe--"-o.0000��a�ta�� ee 005 CaIEEMod Version: CaIEEMod.2013.2.2 Page 14 of 18 Date: 10/5/2016 10:32 AM 6.2 Area by SubCategory Unmitigated 7.0 Water Detail ROG NOx CO --SO2 Fugitive Exhaust PM70 Fuglllve Exheuel PM2,6 BIO -0O2 NBIo-0O2 TotaICO2 CH4' N20 CO2e PM10 MID ToleH PM2.6 ''.. PM2.6 Total SubCalegory tona/yr MTtyr ArcjA0c.11'rat �0.0000 . a 0.0000 t1,0D00 ^ 0.0000 n 0.0000 0,0000 0 .0000 0.0000 0,000 0 0.0000 OA000 Coating Consumer 0.0000 0.0000 U000 0 0000 0.0000 0.0000 00000 _. 0.0000 0.0000 0.0000 0,0000 Products + . - . - . - - - - . Landscaping -. A -...._.... 0.0000 ............�.. ..._.....i_. 0.0000 1,00006- 7..,.m.�....... 0.0000 _..._..... ...«.»,,. r 0.0000 .: „.....- 0.0000 _,�.....,_ ..�.........__.._-- 0,0000 0,0000 .. ,.. ..n.. 0.0000 2.0000e- _ 2 OOOOe 1r.. 0,0000 00000 3,0000e- 005 005 005 005 Total 0,0000 0.0000 1.00006- 0.0000 0.0000 0,0000 0,0000 0.0000 0,0000 2.00006- 2.00000- 0,0000 0.0000 3.00006- 005 006 005 006 Mitigated ROG Ndx CO SO2 Fugitive Exnausl '.. PM 10 '. Fugnlve Exhaust PM2.6 Blo-CO2 '.. NBlo-0O2 Total CO2 CI -14 Nz0 0020 PM10 PM10 Total PM2.6 PM2,5 Total SubC.tegory tone/yr MTtyr Consumer•� 0.0000 + 0.0000 + 0.0000 0.0000 0,0000 6.0000 C) 0000 0,0000 0,0000 + 10,0000 + 00000 Products + nd Lascaping - 0.0000mm �T0,0000 1.00000- i O.00oO m r-- m 0 00004 �0 0OOO W n �� O,t'i606 7 - 0,6004tµ 0,0000 . q 2.00006 2,0000e �-.m0.0000 ___ _ __ __ 0,0000 3 0006e-' 006 t 006 005 005 Archlleclural�- 00000 00000 0,0000 � _ 0.0000 0.0000 0,0000 ,+� 0,0000 + 0,0000 u�0,0000 0.0000 » 0,0000. Coating .+ w r + ry n + r + � t + r � Total 0.0000 010000 1.0000e- 0,0000 0,0000 0,0000 0.0000 0,0000 0.0000 2.00006- 2.00008- 0.0000 0,0000 1 3.0000.- 005 006 005 006 7.0 Water Detail CalEEMod Verslon: CalEEMod.2013.2.2 Page 1:'a 0 1 a Date: 10/5/2016 10:32 AM 7.1 Mitigation Measures Water 0020 m100atod 0.M00 GONG 0.0'000 0 ODOO 004*000000 0,0000 01000 7.2 Water by Land Use MumAlgigo-d mdowoul To CO2 c -, � �NMCO20 I' , F iloor Use uwd �Tp-p— mom fv 0/0 0,0000 O,woo O,OQQO 0,0000 6J6,60-0- 0.0000 0.0000 Total = 1 I'M CaIEEMod Version: CaIEEMod.2013.2.2 Page 16 of 18 Date: 10/5/2016 10:32 AM 7.2 Water by Land Use M-Ntlgate.d IladoarrCNegi tolrul OCU', CP4M12c CO20 dsxarc Ude hand Use Wivwi SIT/'yr. User Defined 01000000 0,0000 w 00000 0,0000 w 0.0000 commercial y, Total 0,0000 0.0000 0.0000 0.0000 8.0 Waste Detail 8.1 Mitigation Measures Waste kkt. &I.+ar -par MTNNr naill��esaF 0.0@00 a,@0@o o,@oo@ mUnmldga9ed* 0.000@u 0.0000 � �0.0000� R 0:0000 CaIEEMod Version: CalEEMod.2013.2.2 Page 17 of 18 Date: 10/5/2016 10:32 AM 8.2 Waste by Land Use Mn.millgatQ4, 9.0 Operational Offroad Fquipnl0rai'l�lvn Number �NOuua�rk��p bays�w00r hoznuuTauri� Load F'ndar Fuel Type �va�le ""rewaacrar u��a� �'�'ruaa� u7Cxa G7lnparztl�a� Land (Pon lone M1T,"'Yr User Denned 0 t 00000 ; 0.0000 0,0000 0.0000 Commercial y, s r Total 0.0000 0.0000 [OA000 0.0000 vwrlCe..... rolasawa2 CHH N20 CO2o oul used Land Use..... wo NIVyr User Defined 0 0.0000 0.0000 0,0000 0.0000 Commerclel as total 0.0000 o.0000 0.0000 0.0000 9.0 Operational Offroad Fquipnl0rai'l�lvn Number �NOuua�rk��p bays�w00r hoznuuTauri� Load F'ndar Fuel Type CaIEEMod Version: CaIEEMod.2013.2.2 Page 18 of 18 Date: 10/5/2016 10:32 AM 10.0 Vegetation AND STA rF .�N ""S CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE _wW,ALDWIN PARK, CA 91706 (626) 813-5261 — Redevelopment Overlay General Plan Amendment Zone Variance Zone Change —Conditional Use Permit Code Amendment —Administrative Adjustment Development Plan — Specific Plan CRA Conceptual Approval X Other APPLICATION INFORMATION Name of Applicant(s) L,; Address I 1L�5 0 J,'r, Phone No _(_kk Owner(s) of Rene Owner's Address I =1 Wcatlon,____�r< V g) 7r VT ........ .. . . ........ Assessor Parcel Number(s). Tract and Lot Number(s) . ....... . .. Existing General Plan Designafion_L,�'o Existing Zoning for each Parcel._�',,J 41 ..... . ..... . . Existing Land Use___L_O, Code Section to be Amended CJ o'#,1 Purpose CERTIFICATION I/we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) . Signf e, Date Signature Date FOR CITY USE ONLY: File No:f Received by� Date � F , LIN 'KITS1,110,11NOWNE, lay, fi^rtl r F'p P •' td7 Ill tein l% AI I l tl lua.,. Z Z. ''.. iry ICV S µ W a 11 i,"p I�u a, I /rye 40 II bi^, /r�9�^�r"u� 9 '��1 r��"a pff(Ji1 "n,;wr /✓s,r. 5� Id � ry � �� r 1 01� heir " �(< " a er 44�v� ,I Y f n. /44 ON 1� { rl reU�f n 4)f! { r V w Il 44D w". M1 Nwy f ff� � Y i itiEr ' / d� U,vJ l ld 6 r �q fa's I v�� 1 '4 o a i 4 ONO, 3 EXHIBIT "A" DATE: April 19, 2017 NUMBER: AC -185 & DA 16-01 APPLICANT:Becker Boards Small, LLC HL I figg„„ a Omni Run un a- P 1 Ru n I�x�i�''�t e' f6 iv i 4 f �t �d IV �, � � " i n r��' � ��`i�� p��'IG � �� d N x h11 4 �, Hit k IN, a W P k` r' P�m�'; p t r h d gF,y c d N'�'nb }G`a IE ILII. {'f GS U IKit . � �. jiggulp! m dV'� � ' " r ' t G E 0 � �� n � � &fid p FpINSrpp�; PYPl� �� k�5AFS 11 c s yrl "Slt„� , p_..�_d.._h a M. 18 a b 0 U p O O kff RESOLUTION NO. 2017-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT (1) THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (2) AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS FOR BILLBOARD USES; AND (3) A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A NEW DIGITAL BILLBOARD (1919 PUENTE AVE); (LOCATIONS: CITYWIDE AND 1919 PUENTE AVE.; APN: 8558-033-005; APPLICANT: BECKER BOARDS SMALL, LLC; CASE NUMBERS: AZC- 185 AND DA 16-01) WHEREAS, in 1999 the City Council approved a zone change to allow for the creation of an Outdoor Advertising District along segments of the 1-10 and 1-605 freeways to permit the construction of new billboards; and WHEREAS, in June 2003 the City adopted Ordinance 1204 which prohibited the issuance of any type of entitlement relating to billboard structures; and WHEREAS, in July 2013 the City amended the Municipal Code to include development standards for new digital billboard structures; and WHEREAS, in December 2016 the City approved an ordinance to modify the Municipal Code billboard development standards and to require development agreements for the construction of additional digital and static billboard structures; and WHEREAS, the proposed modifications to the Municipal Code relating to digital and static billboard structures identified as Case Number AZC-185 is described more particularly in the information on file with the Planning Division; and WHEREAS, in 2016 the City entered into discussions with Becker Boards Small, LLC for a Development Agreement to place a digital -faced billboard along the I- 10 San Bernardino Freeway located at 1919 Puente Avenue; and WHEREAS, the proposed Development Agreement between the City of Baldwin Park and Becker Boards Small, LLC , identified as Case Number DA 16-01 is described more particularly in the information on file with the Planning Division. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: Resolution 2017-180 Page 2 A. An Initial Study and Mitigated Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment February 10, 2017 to March 13, 2017 as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on March 22, 2017, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the Mitigated Negative Declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on April 19, 2017, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Mitigated Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Mitigated Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 19th day of April, 2017. MANUELLOZANO MAYOR Resolution 2017-180 Page 3 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. 2017-180 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 19th day of April, 2017 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS.- ABSTAIN: EMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK 1"Ill "'It"Iffilm"I'll "10[om ORDINANCE 1398 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.170.105(H) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS WHEREAS, while billboards located within the City can provide a reliable means of advertising and communication, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of a billboard, at times; desire to improve the safety, aesthetics and general welfare of the community as part of a program to use available state -of -the art technology new or upgraded billboards; WHEREAS, such a program creates a benefit for the community; WHEREAS, an intent of the State Outdoor Advertising Act (Business and Professions Code sections 5200 et seq.) (the "Act") is to protect the property rights of billboard owners, while recognizing the impacts on safety, aesthetics and the general welfare that can result on a local community from billboards; WHEREAS, in balancing those important and sometimes competing goals, the Act provides for a process for a billboard owner and local community to agree to establish parameters, objectives and conditions for removal of existing billboards and/or installation of new static -faced or digital -faced billboards; WHEREAS, payment to the City of an annual development fee is a reasonable exchange for the installation of a new state-of-the-art billboard; WHEREAS, the newer state-of-the-art billboards will provide area businesses with additional advertising opportunities in a manner that minimizes visual clutter and provides an orderly, attractive, high quality image of the City; and WHEREAS, the newer billboards can be quickly and effectively utilized to present critically important "Amber Alert" and other public safety messages to the community. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SE TION�I. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow a new Digital Billboard Advertising Display in return for various benefits including an annual development fee; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add the following changes to Section 153.170.105(H) to read as follows: (H) The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard, and excluding extensions, shall not be more than sixty-five feet (65'), as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed, SECTION 3. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE day of , 2017 Manuel Lozano, Mayor Alejandra Avila, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on April , 2017. Thereafter, said Ordinance No. 1398 was duly approved and adopted at a regular meeting of the City Council on� , 2017 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK ♦ i a 1 1� ORDINANCE 1399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BECKER BOARDS SMALL, LLC FOR THE APPROVAL OF A NEW DIGITAL BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 1919 PUENTE AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK. WHEREAS, pursuant to the Zoning Code section 153.170, as amended January 14, 2017 billboard structures are permitted within any Interstate Freeway Corridor when meeting the stated development standards as noted in Ordinance 1394 and as proposed in Ordinance 1398; and WHEREAS, pursuant to Zoning Code section 153.170, the billboards shall be required to receive Caltrans approval; and WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on March 22, 2017, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 16-01); and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study and Mitigated Negative Declaration has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Mitigated Negative Declaration was circulated for public comments between February 10, 2017 to March 13, 2017; and WHEREAS, the applicant has agreed to revisions in the project plans, proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 19, 2017; and WHEREAS, the City Council has reviewed the Development Agreement (DA 16-01) (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 16-01); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 16-01) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located within the Freeway Commercial — FC zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 16-01) and as set forth in the Mitigated Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 19, 2017. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby certifies the Mitigated Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Mitigated Negative Declaration, the written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: a) There is no substantial evidence that the project will have a significant effect on the environment; and b) The mitigated negative declaration reflects the City's independent judgment and analysis; and SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: a) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the 1-10, San Bernardino Freeway in the Dalewood/Puente/1-10 General Plan Focus Area (Figure LU -4, General Plan Land Use Element). The focus area is identified for larger scale commercial development. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within commercial areas adjacent to freeways and would not conflict with future or existing larger scale commercial development. b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned FC, Freeway Commercial, which is compatible with the underlying "General Commercial" General Plan Land Use Designation. Furthermore, the property and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. c) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Ordinance 1399 Page 4 As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Freeway Commercial (FC) and is developed with a commercial use (motorcycle dealer) that is consistent with the zone. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non- residential uses. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #1) is consistent with California Government Code Sections 65864- 65869.5 SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 16-01), by and between Becker Boards Small, LLC and the City of Baldwin Park, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. The City Council directs the City staff to carry out the terms and conditions of the Development Agreement (DA 16-01) and make any modifications, amendments, or alterations to the Development Agreement (DA 16-01) as deemed administratively necessary from time to time. SECTION 5. The City Council does hereby adopt the Condition of Approval applicable to the Development Agreement (DA 16-01): a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying the distance between the proposed billboard structure at 14230 Dalewood Street and 1919 Puente Avenue which shall comply with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed sign at 1919 Puente Ave will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from the proposed sign at 14203 Dalewood as previously approved per the Development Agreement 15-01 by Bulletin Displays, LLC subsequently approved by the City Council on December 6, 2016. SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE _ day of , 2017 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on April 19, 2017. Thereafter, said Ordinance No. 1399 was duly approved and adopted at a regular meeting of the City Council on � IT mm mmm www, 2017 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK ITEM NO. 14 STAFF REPORTPIIN 11OEM „' /j '' / TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance hf , '`''" ' �� DATE: April 19, 2017 SA, GABRIEL/' ;"' A LEM`. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ''�"""` BALDWIN PARK CONFIRMING THE ADVISORY A COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-18 SUMMARY The purpose of this staff report is for City Council to approve the Business Improvement Tax (BIT) budget and set the assessment rates for FY 2017-18. FISCAL IMPACT Upon the final adoption of the recommended FY 2017-18 BIT budget and the approval of the resolution to levy the assessment, the City will be enabled to collect and spend these funds. These funds may result in a savings to the General Fund of approximately $184,760 depending on tax collection. RECOMMENDATION Staff recommends that Council: 1) Open the public hearing; and 2) following the public hearing, approve the FY 2017-18 BIT allocation budget; and 3) restore the full rate and approve Resolution No.2017-184, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018." BACKGROUND BIT Assessment In 1989, the City Council approved Ordinance 842 which established a City Business Improvement District (BID) that allows for an assessment (or surcharge) on each business license between 60 to 90 percent of the Business License Fees. The ordinance requires the Advisory Committee to recommend a budget and State Law requires that a public hearing be held to adopt the resolution levying the assessment. The City ordinance indicates that the funds can be used only for the following purposes: 1) Decoration of any public place 2) Promotion of public events which are to take place in the City 3) Furnishing of music in any public place 4) The general promotion of business activities BIT Budget At their City Council Meeting on March 2, 2016, the City Council approved the designation of the Executive Team as the Business Improvement Advisory Committee. The Business Improvement Advisory Committee met on March 30, 2017 to discuss programs/projects for FY 2017-18 and the estimated cost and budget allocation. In attendance were the Chief Executive Officer, Police Chief, Interim Public Works Director, Director of Finance, and the Recreation and Community Services Director. Fiscal Year 2017-2018 BIT Resolution and Budget April 19, 2017 City Council has asked staff to explore all revenue resources. One revenue recommendation is to restore the BIT to earlier levels. In the Committee meeting, the members recommended to restore the BIT to the previous full rate as described in ATTACHMENT "A." In 1996, the BIT was reduced to 50%. The restoration of the full rate will result in approximately $50,000 of additional revenue per year to fund eligible programs. Below is an example of the average BIT: Business Improvement Tax Business Improvement (50% Reduced Rate -38% of Tax (Full Rate -75% of Class B Business Business License Fee Business License Fee) Business License Fee) — -- --- ........ eg Accounting services$ 50 00 $ 19.00 $ 37.50 Listed below is the FY 2017-18 budget recommended by the Advisory Committee: BUSINESS IMPROVEMENT TAX BUDGET Projected Fund Balance as of June 30, 2017 $201,760 Projected Revenue from FY 2017-18 * $125,000 Program Cost: BP NOW Publication (bi-monthly) 43,000 Street Market & Fair 52,760 Concerts in the Park 34,000 4" of July S ectacular 49,000 Hometown Hero Military Banner Program** $8,000 Recommendations Sub -Total $186,760 Projected Remainine Fund Balance $140,000 *The $125,000 projection is based on the full rate. It will be $75,000 if the current 50% reduced rate continues. **Carry over from prior fiscal year. LEGAL REVIEW The City Attorney has reviewed and approved this report. ALTERNATIVES 1) As an alternative, the City Council may opt to fund the programs in a different manner than recommended. 2) The City Council can decide the percentage (%) on the levy of the assessment between 50% to 100% of the City business license fees between Class A to Class C as indicated in Ordinance No. 842 3) The City Council can decide not to levy the assessment which would likely result in a cost to the General Fund of up to $186,760 to retain the same level of City services with the activities mentioned above. ATTACHMENTS 1) Resolution No. 2017-184 RESOLUTION NO. 2017-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, the City Council has previously ordered the formation of the Citywide Business Improvement Area (the "Area") pursuant to the terms and provisions of the Parking and Business Improvement Area Law of 1979, which has been superseded and replaced by the Parking and Business improvements Area Law of 1989, being Part 6 of Division 18 of the Streets and Highway Code of the State of California (Section 36500 et seq.) (The "Law"); and WHEREAS, the City Council has appointed an Advisory Committee for the purpose of making recommendations to the City Council on the expenditure of revenue derived from the levy of assessments, on the classification of businesses, and of the method of basis of levying the assessments pursuant to the Law; and WHEREAS, the Advisory Committee, comprised of the Baldwin Park Executive Team has made recommendations for Fiscal Year 2017-18 for which assessments are to be restored to previous levels and levied and collected to pay the costs of improvements and activities described in Attachment "A" and WHEREAS, The City Council did give notice of the time and place for the public hearing on the question of the levy of the proposed assessment; and WHEREAS, at this time, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an annual assessment for said Area. NOW, THEREFORE, THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Council hereby orders the programs and activities to be carried out as set forth in the Advisory Committee's recommendations in ATTACHMENT "A" and orders the annual levy to the Area as shown and set forth and described in said Report as Resolution of Intention. SECTION 3. The Assessment as set forth and contained in said Report is hereby confirmed and adopted. SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year commencing July 1, 2017 and ending June 30, 2018. Resolution 2017-184 Page 2 SECTION 5. The estimates of costs, the assessments, and all other matters as set forth in the Advisory Committee's Report pursuant to the Law, are hereby approved and adopted by the City Council and hereby confirmed. SECTION 6. Written protests were not received from the owners of businesses in the area which will pay the assessments indicated in Ordinance No. 842. SECTION 7. A copy of the Advisory Committee's Report and the system of charges, including the classifications of businesses and the amount of the annual charges shall be filed in the Office of the City Clerk and open for public inspection. RESOLVED, ADOPTED, PASSED, AND APPROVED this 19th day of April, 2017, MAYOR MANUAL LOZANO 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. 2017-184 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting held on 19th day of April, 2017 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK City of Bain,Park CITYWIDE BUSINESS IMPROVEMENT TAX FISCAL YEAR 2017-18 BUSINESS IMPROVEMENT ADVISORY COMMITTEE'S REPORT Method and Basis for Levy of Assessment Area assessments are based upon a percentage of the regular business license tax. The percentage differs by the Class of business and relates to the benefit each class derives from the improvements and activities in the area. The assessments are listed below: based on ordinance No. 842 (Attached): Class A Business 60% Class B Business 75% Class C Business 90% A full description of the types of business in each class and certain exempt businesses are provided in Ordinance No. 842. No annual charge levied in accordance with this assessment shall exceed $450. Business Improvement Tax Activities for Fiscal Year 2017-18 BUSINESS IMPROVEMENT TAX BUDGET Projected Fund Balance as of June 30, 2017 $ 201,760 Projected Revenue from FY 2017-18 $ 125,000 Program Cost BP NOW Publication (bi-monthly)$ �.�.��. �..... .... ...�....._.� 43,000 Street Market & Fair �...mm..... $ 52,760 Concerts inthe Park$ 34,000 4th of July Spectacular$ . ..�.wm�dw�w 49,000 ........._. Hometown Hero Military Banner Program" $ 8,000 .. Recommendations Sub -Total $ 186,760 Projected Remaining Fund Balance $ 140,000 "Carry over from prior fiscal year ATTACHMENT "A" ORDINANCE NO. 842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A CITYWIDE BUSINESS IMPROVEMENT AREA IN THE CITY OF BALDWIN PARK. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park hereby finds, determines and declares as follows: a) That pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, the City Council adopted, on August 18, 1982, that certain Resolution No. 82-74, dated August 18, 1982, entitled, "A Resolution of the City Council of the City of Baldwin Park Declaring its Intention to Establish a Citywide Business Improvement Area in the City of Baldwin Park", and caused said resolution to be duly published and mailed as provided by law. b) That a public hearing concerning the formation of said Citywide Business Improvement Area (hereinafter "Area") was held on September 15, 1982, at the hour of 7:00 P.M. in the City Council Chambers of the City Hall of the City of Baldwin Park. c) That at said hearing all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held. d) That all protests, both written and oral, were duly overruled and it was determined by the Council that there was no majority protest within the meaning of said Streets and Highways Code, Section 36500 et seq. e) That the public interest, convenience and necessity require the establishment of the proposed Area. f) That businesses conducting their activities within the Area will benefit by the expenditure of funds raised by the charges as contemplated by said Section 36500, et seq. SECTION 2. ESTABLISHMENT OF AREA. Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, a business improvement area designated as the Citywide Business Improvement -Area of the City of Baldwin Park is hereby created and established. SECTION 3. DESCRIPTION OF AREA. The Area shall include all of the territory within the exterior boundaries of the City of Baldwin Park, as the same exist on the date of adoption of this Ordinance. Ordinance No. 842 Page 2 9BC,'1'i.ON 4+S"RFTEA OF MA G S. Tbac 'I(111OWing civirges, in addition to tact required. 1)y the 1 be businessespal Qx1e are, bce viedtiat those .lasses of by and trk ich are conducting their activities within such Area. CLASSIFICATION OF BUSINESSES CLASS A Hospitals Manufacturing Operations Morticians Wholesale Operations X-ray LaIx;rratories All other similar uses An annual charge equal to sixty percent (6(T/,) of the City busiiW s license tax applicable to each respective business. CLASS B Accountants An annual charge equal to Appraisers seventy-kive pet°ccut (77/0 Architects of. the City business license Attorneys at Law tax applicable to each Auditors respective business. Auto Repair Operators Bacteriologists Chemists Chiropodists Chiropractors Collection Agencies Contractors Dentists Detective Agencies Ehgi ueerimg Consultants Entomologists Geologists Oculists Opticians Optometrists Osteopaths Physicians Physiotherapists Private Patrol Officers Public Bookkeeping, Accounting and Income Tax Services Real Estate Brokers Service Stations Surveyors Veterinarians All other professions licensed and regulated by the State of California and not specifically other- wise classified herein All businesses with business address outside Area but licensed by City to conduct business within Area with the following exceptions: t (1) Such businesses included under A above; (2) Advertising Agencies, included under C below; (3) Newspaper Publishers, included under C below. CLASS C All other businesses not included within Class A or B, including the following: Advertising Agencies Antique Stores Appliance Stores Auctioneers Automobile Dealers Automobile Supply Stores ito Wrecking. Yards Cries Barber Shops Bars Beauty Shops Billiard and Pool Halls Book Stores Bawling Alleys Cafes Carnivals and Circuses Clothing Stores Dance Halls Deliveries Ordinance No. 842 Page 3 An annual charge equal to ninety pare,nt (9 1') of the City business license tuc applicable to each such respective business Dq)ax: kanent. Stores Dry Cleaning Establishments Employment Agencies Flower Shops Food Stores Furniture Stores Gift Shops Glass Shops Hardware Stores Hotels and Motels Ice Vendors Junk Dealers Lanuiro is Liquor Stores Locksmiths Massage Parlors Newspaper Publishers Paint Stores Pawn Shops Personal and Real Estate Loan Agents and Agencies Pet Shops Pharmacies Photography Studios Printers, Silk Screen and Graphic Arts Radio and Television Operations Rental/Leasing Companies Restaurants Retail Drug Stores Second-hand Dealers and Stores Self-service Car Washes Shoe Repair Shops Ordinance No. 842 Page 4 Solicitors Tailors Theatres Toy Stores Trade Schools Trading Stamp Agencies and Redemption Centers All other businesses involving retail sales and/or similar in use to the above (a) K?E m tjoni . No charges shall be levied upon the following: (1) Apartments, rest homes, rooming houses, and trailer parks; (2) Public utilities; (3) Any business required to have a business license for a home occupation within the meaning of the City zoning regulations; (4) Any organization required to obtain a permit to conduct bingo games (b) Payment of Charge. The charge hereby levied shall be due and payable and shall be paid at the same time and in the same manner that the business license imposed by the City Code is due and payable. (c) Pa . ent„P e�* ea,site to License. (1) No business license shall be issued pursuant to the Baldwin Park Municipal Code unless the business license charge hereby imposed is paid together with the business license payable pursuant to the said Code; and (2) A business license shall be considered unpaid and penalties shall be assessed upon the total amount at the rate specified in Article IV, Chapter 1, Section 4020 of the Municipal Code, until such time as both the business license tax and the charge are paid. (d) Multiple Businesses. (1) Where one owner has multiple businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge for that location under this Ordinance shall be the highest charge of any one of those businesses when considered individually according to their classifications herein. (2) Where multiple owners have businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge to each owner under this Ordinance shall be the highest charge of any one of the individual owner's businesses at the location when considered according to their classifications herein. (e) Maxin= Assessment. No armual charge levied in accordance w L °; t&7s;sEv� cif charges defined herein shall exceed �tA n Ordinance No. 842 Page 5 (f) Now Businesses Charge Exert¢ tion. Any proposed aaisr ¢ae:; resuay f ile for an exemption of the charge fee. The procedure for such waiver shall be established by resolution of the City Council. (g) Cher e '1Iransferabilajy. There shall be no dditional charge for any business which transfers the same business to any location within the Area. (h) Refusal to Pay Charge. No person shall fail or refuse to pay the additional business license charge imposed. (i) Statement of Charge Due. A written statement, on such forms as may be required or furnished by the City Manager, shall be filed when the charge is paid. SECTION 5. VOLUNTARY CONTRIBUTION. Any business which is exempt from the payment of the charge by reason of the provisions of the Constitution of the United States or the State of California or by business class exemption as designated in (a) above, may make voluntary contributions to said Area for the purposes provided in this Ordinance. SECTION 6. USE OF REVENUES. Uses of revenues derived from charges imposed pursuant to this Ordinance shall be limited to the following: (a) decoration of any public place in the Area (b) promotion of public events which are to take place on or in the Area (c) furnishing of music in any public place in the Area (d) the general promotion of business activities in the Area SECTION 7. FUND. There is created a special fund designated as "Citywide Business Improvement Area Fund" into which all revenues derived from charges and contributions under this Ordinance shall be placed and such funds shall be used only for the purposes specified in this Ordinance. SECTION 8. EXPENDITURES. The City Council shall annually approve a budget to include an estimate of expenditures to be made from the Citywide Business Improvement Area Fund to Adk carry out the purposes of this Ordinance. SECTION 9. CITY COUNCIL ADVISORY COMMITTEE. For the purpose of advising the City Council, making recommendations to them on the operation and extent of the Area, the methods and ways in which the revenue derived from the levy of the special business license charge imposed by this Ordinance might be used, and performing such other powers and duties as the City Council may determine, a City Council Advisory Committee shall be established by Resolution of the City Council. SECTION 10. AMENDMENTS. Businesses within the Area established by this Ordinance shall be subject to any amendments to Section 36500 et seq. of the Streets and Highways Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall apply to business license taxes levied for the calendar year 1983 and each year thereafter and the additional charges imposed by this Ordinance shall be due and payable from January 1, 1983. Ordinance No. 842 Page 6 SE(XCON 12 If :.any section, sentence, clause or phrase of this Ordinance is, for any reason, )geld by a court of competent ju .risd.iction to be auaaralid, such decisios°a Shall not affect the validity of the remaining portions of this Ordinance. The City Cotincil of the City of ��aldsviii Park hereby dwcl4ares thaat it would have passed and does hereby pass this section and each sentence, section, clause and phraa.se hereof, iahr(Spective of the fact that ally one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 13. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. -"`—) PASSED AND APPROVED this 17th ATTEST �.. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK ) day of Novaltber , 1982. 1, LINDA L. LAIR, City Clerk of the City of la;ldwin Paark. do )'acrraby certify that the :foregoing Ordinance No. 842was rogualarly introduced and placed upon its first reading at a regtilaar Meeting of the City Council on the 3rdday of Noveaa(ber, ,, 1982. That, thereafter, said Ordinance was duly adopted zinc] passed .at a. regular meeting on the � It]l„_., day of Nov inhe'r _, 1982,, by the allowing vote: AYES: COUNCIIAE',N�i a R NOES: COUNCILMEN YTxTr ABSENT: COUNCIUVIEN SUMMARY This item seeks City Council direction and approval of the design for the Baldwin Park Transit Bus Wraps and selection of the Baldwin Park Commuter Express Line transit bus model. FISCAL IMPACT These items will have no impact on the General Fund. Funding for these items are as follows: Bus Wraps_ JAmount.,. _... __... _.. _ _.. _ ProPA ._...... .. ....$15,600 ..... ....... __.. _..... ............. Southland Transit Contribution$2,600 ........_..._...............m..__.._._�_.._.__...�......_._....�_.�_ ITEM NO. STAFF RE PORT $18,200.. Commuter Connector Express Line Buses Amount Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program $550,000 TO: Honorable Mayor and City Councilmembers Biu OF ; cw fl* /' '7� FROM: Sam Gutierrez, Interim Director of Public Works j s ns, b jrL + DATE: w.. Aril 19 2017 P �AL EY SUBJECT: DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL SUMMARY This item seeks City Council direction and approval of the design for the Baldwin Park Transit Bus Wraps and selection of the Baldwin Park Commuter Express Line transit bus model. FISCAL IMPACT These items will have no impact on the General Fund. Funding for these items are as follows: Bus Wraps_ JAmount.,. _... __... _.. _ _.. _ ProPA ._...... .. ....$15,600 ..... ....... __.. _..... ............. Southland Transit Contribution$2,600 ........_..._...............m..__.._._�_.._.__...�......_._....�_.�_ Total $18,200.. Commuter Connector Express Line Buses Amount Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program $550,000 (Total granted amount is $700,395.00) Total $550,000 RECOMMENDATION It is recommended that the City Council: 1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line BACKGROUND In October 2014, the City was awarded a Metropolitan Transportation Administration (MTA) Call Grant funds for the purchase of transit buses to replace existing buses. On March 16, 2016, the City Council authorized the purchase of five (5) Compressed Natural Gas (CNG) The newly purchased buses were delivered and deployed in June 2016. Currently, the buses are white in color and display a small city logo on the sides and front. Staff has been working with Southland Transit on several low-cost graphic options to wrap onto the buses in an effort to enhance the look of the fleet while promoting a sense of community. Three shuttle bus wrap options will be presented to the City Council at the April 19th, 2017 City Council Meeting. Upon selection of a design, staff will order the new buses wrapped, and will phase-in the wrap work on the existing bus fleet so as not to adversely impact our transit services. It is anticipated that wrap work will be completed by June 2016. Selection of Bus Wrap Design and Commuter Connector Express Line Bus Model Page 2 The Commuter Connector Express Line Project was awarded funding via the 2013 Los Angeles County Metropolitan Transportation Authority (Metro) ExpressLanes Net Toll Revenue Reinvestment grant program. This Project seeks to provide a direct expansion to the City's existing circulator shuttle. The objective is to shuttle business and medical commuters quickly from the Transit Center and Metrolink Statao:ti, to the City's tnain business centers south of the 1-10 Freeway. Tltree sl�ittttle bus options will be presenled to the City Council at the April 19"', 2012 City Cotincil Meeting, The selected design will be incorporated into the project's feasibility study. LEGAL REVIEW None Required. ALTERNATIVES 1. The City Council could provide an alternative direction for the bus wrap design. The Council can also choose not to select a design at this time. 2. The City Council could choose not to select a transit bus type and ask staff to provide alternative options. The Council can also choose to forgo the Commuter Connector Express Line Project altogether, however this result in the loss of the Metro ExpressLane Toll Grant Funds. ATTACHMENTS 1. Bus Wrap Options 2. Commuter Connector Express Line Bus Options 0 ITEM NO. 71 STAFF REPORT ISAL,D TO: Honorable Mayor and City C ouncilit 7 HU�"01: FROM: David Salcedo, Chief of Police 4A DATE: April 19,2017 SAN-GA183RIEL 114y, NALLEY" N JAW SUBJECT: FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY SUMMARY This report seeks to inliorni the City Council ofthe steps to lie to (en by the Baldwin Park Police Department to enstire a safe and enjoyable FoLalh of'.1tily lioliday for the entire coni niu-nity. FISCAL IMPACT The fiscal inipact has not yet beetl detert-nined, There is an iiiherent cost with incorlx) rat i ng this into regUlar Working assignments, as well as enhanced deployment costs as a t esWt of specialized unit del,)loyinent. "I'here will also be additional cost paid with 1`{ederal Asset l"odeiture funds. RECOMMENDATION Staff recommends the City Council receive and file the Fourth of Julv R tv 1JACK(-'.R.01.JND The goal of the Baldwin Park Police Department is to ensure a sak and enjoyable Fourth of July lioli&ay 1,*or thi entire community. The Police Department will be engaging a multi point, cooperative education and enforcement plan for the 2017 holiday period. • Code Enforcement - By aggressively addressing overgrown vegetation and weed abatement, we can lessen the overall fire danger in the community. • Public Education Campaign - Utilizing the City Website, Police Department Website, Baldwin Park "NoW'publication and the San Gabriel Valley Tribune. • Cooperative Efforts - Early contact and coordinating efforts with LA County Fire /Arson Investigators to have a joint PD/Fire enforcement team. • Directed Enforcement- deployment of officers, informants and other resources specifically targeting the purchasers and sellers, and users of illegal fireworks. WPMC § 93.10 (F) allows for the legal sales of safe and sane fireworks from 12 p.m. on June 28, until a.m. on July 5 of each calendar year. BPMC § 93.09 makes it a Misdemeanor to possess illegal fireworks, with fines up to $500.00 for a third offense, Per § 10.99 B. P. =19711—f T71447•1 i iscerneanor to possess illegal tireworks, with fines of $500 to $50,000 based on weight of Fireworks. Not Applicable. OPTIONS 1) Receive and file this report. 2) Give further directions as to Council's wishes. 4th of July Safety Enhancement April 19, 2017 Paee 2 \O1 STAFF REPORT ' // I/ 'ouncilm TO: Honorable Mayor and City lbers 1 B, -lu ,OF FROM: David Salcedo, Chief of Police d. THE (SAN GABitiln DATE: April 19, 2017 VALLF.Y s?, 6:06b SUBJECT: JANUARY 2017 AND FEBRUARY 2017 CRIME STATISTICS HRM 0=0 � i � ' � � � � � 111 1 � �! I �� I I � I I I � � !I � I i � 11 � FISCAL IMPACT fim 0XIEWMWOU"I I ill z3a= � The Baldwin Park Police Department tabulates crime statistics for all reportable crimes in the city. The statistics �nclude total Part I crimes, which are comprised of both the Violent crimes and the Non -Violent Property crimes. Crime Statistics The Chief of Police will provide a presentation on currently available crime statistics. LEGAL REVIEW Not applicable OPTIONS Not applicable ATTACHMENTS None AGENDA A L19,2017 7:00 P REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 P'. 60TH ANNIVERSARY Manuel Lozano Chair Susan Rubio - Vice Chair Ricardo Pacheco _ Board Member Cruz Baca - Board Member Monica Garcia 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerto durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un rhea Crete ara 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.) CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Ricardo Pacheco, Monica Garcia, 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. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar accidn 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 declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracidn en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — FEBRUARY 2016 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 72 hours prior to the meeting. Dated this 131h day of April, 2017. Aeiandra 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 aevila )t)ald,w�� rlc.cca - 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 11) ITEM NO. STAFF . PO�� 1, r / Vsi)C9r (/ /trl ��f Y�G r i l + r .. TO: Honorable Mayor and City Councilmembers HU 'OF U 4 k FROM: Rose e Tam, Director of Finance S ,r G IfRI DATE. April 1 , 2017 r jxtO ,. SUBJECT: TRLKAS LJ ER'S REPORT — FEBRUARY 20:17 SUMMARY Attached is the Treasurer's Report for the month of February 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 February 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 State of California Local A sprAy!pvgstn1ent I-und City Community Develop. Comm' 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/366 CITY OF BALDWIN PARK TREASURER'S REPORT 2/28/2017 INTEREST PURCHASE MATURITY RATE DATE DATE 0.78% Varies Varies VALUE Varies Varies 0.78% Varies Varies 1.16% 9/14/2016 9/14/2018 1.16% 9/14/2016 9/14/2018 1.16% 9/16/2016 9116/2018 1.16% 9/17/2016 9/17/2018 Fiscal Agent Funds • City Varies Varies Varies Fiscal Agent Funds - Successor Agency Varies Varies Varies PAR CURRENT BOOK VALUE PRINCIPAL VALUE $ 16,292,840.82 $ 16,292,840.82 $ 16,292,840.82 0.00 0.00 13,171.30 13,171.30 13,171.30 16,306,012.12 16,306,012.12 _ 16,306,012.12 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 246,000.00 980,000.00 980,000.00 2,422,141.03 2,422,141.03 3,177,641.96 3,177,641.96 $ --21,886,796.11 $ 21,886, 26.11 Total Investments $ Cash City Checking 6,662,214.68 Money Market Plus 9,024,870.92 City Miscellaneous Cash 46,680.38 Successor Agency 1,231,142.02 Housing Authority 129,776.31 Financing Authority 0.00 Investment Brokerage 1,366.11 MARKET VALUE $ 16,292,840.82 0.00 13,171.30 16,306,012.12 243,914.66 243,948.96 243,939.16 243,897.60 980,000.00 976,700.26 2,422,141.03 2,422,141.03 3,177,641.96 3,177,641.96 6,699,782.99 $21,881,496.36 21,886,796.11 Total Cash Total Cash and Investments Schedule of Cash and Investments Includes all financial assets as Included In the Comprehensive Annual Financial Report. 17,096,040.32 $ 38,980 836.43 There was no Investment maturity/purchase transaction made for the month of February 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et 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 Imo[ �"' MI'Al A p APRIL 19,2017 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 0 19 WJ 60THANNIVERSARY Manuel Lozano - Chair Susan Rubio - Vice Chair Ricardo Pacheco - Board Member Cruz Baca - Board Member Monica Garcia - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacedo 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 rtrtbrl veto _pqT 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.) CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Ricardo Pacheco, Monica Garcia, 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 COMIS16N No se podra tomar acci6n 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 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] CONSENT CALENDAR 1. TREASURER'S REPORT — FEBRUARY 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 13th day of April, 2017. 'leje6dra 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 aAvi( 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 ll) ITEM NO. PA ,Z_ u STAFFr -^ r' �m SPO.. y„k,'Pff TO: Honorable Mayor and City Councilmembers FROM: Rase Tam, Director of Finance DATE: April L”, 201.7 1117, SUBJECT: T.REASt)lIER'S R.EPO,WF -- FEBRUARY 201:7 SUMMARY Attached is the Treasurer's Report for the month of February 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 February 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 Agsi��r„Investrxrent f i�nd City Community Develop. Comm.” Housing Authority CertifVcariws oFDepa ld _ . Capital One Bank USA NATL ASSN Wella 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 2/28/2017 INTEREST PURCHASE MATURITY 0.78% Varies Varies ESTIMATED Varies Varies 0.78%, Varies Varies 1.16% 9/14/2016 9/14/2018 1.16% 9/14/2016 9/14/2018 1.16% 9/16/2016 9116/2018 1.16% 9/17/2016 9/17/2018 Fiscal Agent Funds - City Varies Varies Varies 2,422,141.03 2,422,141.03 2,422,141.03 2,422,141.03 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,177,641.96 3,177,641.96 ESTIMATED PAR CURRENT BOOK MARKET VALUE PRINC1PAL VALUE VALUE $ 16,292,840.82 $ 16,292,840.82 $ 16,292,840.82 $ 16,292,840.82 Successor Agency 0.00 0.00 0.00 13,171.30 13,171.30 13,171.30 13,171.30 16,306,012.12 16,306,012.12 16,306,012.12 1� 16,306,012.12 246,000.00 246,000.00 246,000.00 243,914.66 246,000.00 246,000.00 246,000.00 243,948.96 246,000.00 246,000.00 246,000.00 243,939.16 246,000.00 246,000.00 246,000.00 243,897.60 980,000.00 —980,000-0-0, - 980,000.00 976,700.26 Fiscal Agent Funds - City Varies Varies Varies 2,422,141.03 2,422,141.03 2,422,141.03 2,422,141.03 Fiscal Agent Funds - Successor Agency Varies Varies Varies 3,177,641.96 3,177,641.96 3,177,641.96 3,177,641.96 $ 21 886 796.11 $ 21,886,79611 6,699,782.99 $ 21,881„496.36 Total Investments $ 21,886,796.11 Cash _.... ........ City ff Checkln&q 6,662,214.68 Money Market Plus 9,024,670.92 City Miscellaneous Cash 46,680.38 Successor Agency 1,231,142.02 Housing Authority 129,776.31 Financing Authority 0.00 Investment Brokerage 1.366.11 Total Cash 17 096,040.32 Total Cash and Investments $ 38,980,836.43 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 February 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et 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