Agenda packet — Baldwin Park City Council, December 21, 2022 (part 1 of 4)

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
Agenda
December 21, 2022, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Daniel Damian
Alejandra Avila
Jean M. Ayala
Monica Garcia

Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.

Please Note: Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10

Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.

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. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.

Public Communication
There is a three-minute speaking time limit. 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] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].

CALL TO ORDER

ROLL CALL

OPEN SESSION/STUDY SESSION

Presentation by Ron Gales – Southern California Edison (SCE)- Time of Use (TOU) Billing System Rollout in Baldwin Park

RECESS CLOSED SESSION

1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

• Case: Kuberry, Hemenway, Findley v. BP Case No. 21STCV07382

• Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park

• Case: Suzanne Ruelas v. City of Baldwin Park Case No. 20STCV17682

2. Conference with Real Property Negotiators
Pursuant to California Government Code Section 54956.8:

City Negotiators: Enrique C. Zaldivar, Chief Executive Officer

Property Address: 4161 Baldwin Park Blvd., Baldwin Park, CA

Negotiating Parties: Kidder Matthews – Eric Knowles

Under Negotiation: Price and Terms for Possible Purchase of Property

ADJOURNMENT

CERTIFICATION
I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, 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 15th day of December 2022.

Christopher Saenz
City Clerk

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 [email protected]. 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

REGULAR MEETING
Agenda
December 21, 2022, 7:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Daniel Damian
Alejandra Avila
Jean M. Ayala
Monica Garcia
Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.

Please Note: Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10

Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable acco mmodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.

Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary

approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS

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. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register. recommended that the City Council.

2. Treasurer’s Report – October 2022
Staff recommends that the Board receive and file the Treasurer’s Report for October 2022.

3. Claim Rejection
It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): The Claimant, Palp, In. dba Excel Paving Company and on behalf of it subcontractor California Professional Engi neering, Inc., alleges breach of contract. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any state ments, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

4. Codification and Implementation of Ballot Measures Approved by Voters at the November 8, 2022, General Election- Measures BP, CB, CN, RM, TL
It is recommended that the City Council receive and file this report in as much as it is presented for information purposes only.

5. Accept Completed Improvements and Authorize Close -Out of Project Expenditures for the Serenity Homes Family Bridge Housing Site Project, Consisting of Equipment and Material Procurements, Site Preparation and Construction Work
It is recommended that the City Council: Approve final expenditures for materials procurement and placement for: Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $25,706.00 Montondo Trailer, LLC for procurement of trailers in th e amount of $220,000.00; and Boss Homes, LLC for procurement of shelters in the amount of $415,294.00; and Approve contract services expenditures from: A -Co Temporary Power for installation of a light pole in the amount of $510.00; and Am Ramp Los Angeles for installation of ADA ramps for accessibility to restrooms and ADA units in the amount of $15,726.79; and APN Landscaping, Inc. for landscaping services in the amount of $3,850.00; and Automation Solutions, Inc. for installation of electrical equipment, site connections and HVAC installations in the amount of $62,080.42; and Brightview Painting Company for building painting services in the amount of $10,300.00; and ConvergeOne for installation of the camera security surveillance system in the amount of $2 7,736.97; and Greg Ruvalo for installation of fencing, site preparation services and garage upgrades in the amount of $61,025.00; and Home Depot for material procurement for the construction of wooden deck in the amount of $12,850.00; and On Line Engineering for land surveying services in preparation of the topographic survey map utilized for the design of the site in the amount of $3,500.00; and Ram Construction & Fencing LLC for construction of Wooden Deck and site improvements related to ADA compliancy in the amount of $74,844.00; and San Gabriel Valley Habitat for Humanity for construction management services for assembly of the Tiny Homes in the amount of $4,093.65; and Sewer Pros for plumbing services involving connections to restroom building and laundry facilities and site preparation in the amount of $25,182.00; and Sign-A-Rama for procurement and installation of a new Serenity Homes sign on the decorative fencing in the amount of $2,267.49; and Superior Painting for decorative pavement pain t services in the amount of $15,128.00; and Authorize the Director of Finance to appropriate $47,094.32 to Account No. 270 -50-520-58100- 55023 for final expenditures related to project close -out costs; and Authorize the Director of Finance to make the neces sary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to the SGVRHT for qualified expenditures.

6. Approve Plans and Specifications and Award of Bid for City Project No. CIP 21-199 Traffic Signal Improvements at Vineland and Merced Avenue
It is recommended that the City Council Approve project plans and specifications for City Project #CIP 21-199; and Approve and award the contract to Elecnor Belco Electric, Inc., of Chino, CA in the amount of $504,388; and Authorize the Director of Finance to appropriate Proposition C Fund # 245 in the amount of $58,000.00, Fund #251 in the amount of $65,000.00, and SB1 Fund #256 in the amount of $181,514; and Authorize the Mayor and City Cler k to execute the contract for CIP 21-199 Traffic Signal Improvements at Vineland and Merced Avenue.

7. Appropriation of Funds for Professional Services Supporting Street Maintenance Operations It is recommended that the City Council: Authorize an appropriation of funds in the amount not-to- exceed $150,000 for Professional Services to support maintenance and operations of the Public Works Street Maintenance Division for the remainder of the current fiscal year FY2022 -23; and Authorize the Director of Finance to make the necessary appropriations and budget adjustments.

8. Approve Final Tract Map No. 83377 to subdivide one (1) lot into seven (7) lots to facilitate the construction of six (6) attached condominium townhome units with one (1) common lot It is recommended that the City Council accept the Final Tract Map No. 83377 and authorize the City Clerk and staff to sign the Final Tract Map.

9. Approve Resolution No. 2022-066 of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569.

It is recommended that the City Council accept the Inventory Report of excess, exempt and non - exempt surplus lands, pursuant to Government Code 54221 , and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1).

10. Approval of Resolution No’s. 2022 -067, 2022-068, and Agreement with State of California Department of Tax and Fee Administration for Administration of City of Baldwin Park Measure BP Sales Tax (Transactions and Use Tax)
It is recommended that the City Council take the following actions: 1. Approve Resolution No. 2022-067, a resolut ion of the City Council of the City of Baldwin Park, authorizing the Chief Executive Officer to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and 2. Approve Resolutio n No. 2022-068, a resolution of the City Council of the City of Baldwin Park, authorizing officers, employees, and representatives of the City of Baldwin Park to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and 3. Approve the Agreement for Preparation to Administer and Operate the City of Baldwin Park’s Transaction and Use Tax ordinance; and 4. Approve the Agre ement for State Administration of City of Baldwin Park’s Transaction and Use Tax; and 5. Authorize the Chief Executive Officer to execute the necessary documents, in a form approved by the City Attorney.

11. Authorize the Award of Construction Contract to Stance Construction Company, for City Project No. CIP 22-040, Calino Avenue Street Improvements It is Staff’s recommendation that the City Council:Approve and award the construction contract to Stance Constru ction Company of Chino, CA in the amount of $649,726.51; and Authorize the Mayor and City Clerk to execute the contract with Stance Construction Company; and Authorize the Director of Finance to appropriate $715,000 from the APRA fund and make necessary bu dget adjustment.

12. Authorize Purchase Orders and Expenditures at The Home Depot, Inc. from Approved Fiscal Year 2022-23 Funds for Materials and Supplies in Various Maintenance and Operations Cost Centers Within the Department of Public Works
It is recommended that the City Council: Authorize the expenditure of approved funds in the amount not-to-exceed $35,000 for purchase of materials and supplies from The Home Depot, Inc. through June 30, 2023; and Authorize the Director of Finance to make the nec essary budget transfers and adjustments; and Authorize the Public Works Director to prepare and process the necessary purchase order requisitions.

13. Approval of Construction and Maintenance Agreement (C&M Agreement) with Southern California Regional Rail Authority (SCRRA) Covering the Rail Grade Crossing Improvements at Pacific Avenue and Bogart Avenue
Staff recommends that City Council approve the Co nstruction & Maintenance Agreement with SCRRA covering the cost for construction of railroad improvements on Pacific Avenue between Bogart and Downing Avenue in amount of $3,643,508.00; and Authorize the Mayor and City Clerk to execute the agreement.

14. Consider and Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance Related to the City’s Dial -A-Ride and Fixed Route Transit Program
It is Staff’s recommendation that the City C ouncil: Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc., and, Authorize the Mayor and City Clerk to execute the Amendment; and, Authorize payment in the prorated amount of $157,812.76 for retroactive costs between Aug ust 18, 2022, and November 2022; and, Authorize the Director of Public Works to execute necessary documentation to allow program changes and solicit requests for qualifications prior to the expiration of the term; and, Authorize the Director of Finance to make necessary budget adjustments.

15. Request for Authorization to Purchase eight (8) Motorola Solutions Apex 8000 P25 complaint portable radios
It is recommended that the City Council 1. Waive the formal bidding process for this purchase; and

2. Authorize the Police Department to purchase the requested eight (8) Motorola radios and accessories; and 3. Authorize the Director of Finance to appropria te $67,518.00 from the State Homeland Security Program Grant to account 271 -30-310-58110-17215, $3,105.27 from Federal Asset Forfeiture to account 205-30-310-58110-00000 and book the reimbursement to account 271- 30-000-41312-17215; and 4. Authorize the Chi ef of Police, or his designee, to complete all appropriate documentation to complete the purchase.

16. Update on New Service Provider (City Net) for the Esperanza Villa Tiny Homes Year Two (2).

It is recommended that the City Council receive and file.

REPORTS OF OFFICERS

17. Reorganization of the City Council – Selection of Mayor Pro Tempore It is recommended that the City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any C ouncilmember may nominate and no second to the nomination is required; and 2. After receiving nominations, the City Clerk closes the nominations; and 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote.

18. Consider Approval of Professional Service Agreement with EcoTech Services, Inc. and The Home Depot, Inc. for the High Efficiency Toilet & Shower Head Replacement Program.

It is Staff’s recommendation that the City Council: Approve a Professional Service A greement to EcoTech Services, Inc. of Azusa, CA, and The Home Depot, Inc. of Baldwin Park, CA, for the High Efficiency Toilet & Shower Head Replacement Program; and Authorize the Director of Finance Department to appropriate $800,000 from ARPA Funds to Account # 275-50-755-58100- 55026.

19. Approval of Employment Agreement with Ana Karina Rueda for the Position of Human Resources/Risk Manager
Staff recommends that the City Council approve the Agreement with Ana Karina Rueda for the position of Human Resources/Risk Manager and authorize the Mayor and City Clerk to execute it.

20. Approval of Employment Agreement with Fabiola Zelaya Melicher for the Position of City Planner
It is recommended that the City Council approve the Agreement with Fabiola Melicher for the position of City Planner and direct the Mayor and City Clerk to execute it.

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED

COMMUNITY DEVELOPMENT COMMISSION

SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.

SA 2. Treasurer’s Report – October 2022
Staff recommends that the Board receive and file the Treasurer’s Report for October 2022.

SA 3. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23- 24) FOR THE PERIOD FROM JULY 1, 2023 TO JUNE 30, 2024 AND ADMINISTRATIVE BUDGET
It is recommended that the City Council as governing body of the SA:

1. Approve the estimated ROPS 23 -24 for the pe riod of July 1, 2023 through June 30, 2024 and replace the final ROPS 23 -24 once the State DOF fixes its website for the ROPS template; and,

2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2023-24; and,

3. Adopt Resolution N0. 2022-020

4. Direct staff to proceed with submitting the final ROPS 23-24 to the LA County First District Consolidated Oversight Board for approval no later than January 9, 2023; and,

5. Send the approved ROPS 23-24 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2023; and,

6. Instruct staff to post the approved ROPS 23-24 on the City’s website

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION

Request by Mayor Emmanuel J. Estrada
• Mayor Estrada requests a Letter of Support for the Animal Shelter sent to Supervisor Hilda Solis, and would like to request funding from the State to help build a New Shelter

ADJOURNMENT

Christopher Saenz
City Clerk

STAFF REPORT
ITEM NO. _______1__________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: December 21, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register. recommended that the City Council.

FISCAL IMPACT
The payroll for the last period was $552,092.14 and the attached General Warrants Register was $1,689,486.77 for a total amount of $2,241,578.91.

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 last payroll of the City of Baldwin Park consists of check numbers 201722 to 201739 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 36700 to 36970 for the period November 13, 2022 through November 26, 2022 inclusive; these are presented and hereby ratified in the amount of $552,092.14.

2. General Warrants, with the bank drafts in the amount of $518,883.78 and checks from 238911 to 239142 in the amount of $1,170,602. 99 for the period of November 17, 2022 to December 6, 2022, inclusive; in the total amount of $1,689,486.77 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 her eby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Check Register

2. Warrant for CC meeting 12-21-2022

STAFF REPORT
ITEM NO. _______2__________

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TO: Honorable Mayor and Members of the City Council

FROM: Rose Tam, Director of Finance
DATE: December 21, 2022
SUBJECT: Treasurer’s Report – October 2022

SUMMARY
Attached is the Treasurer’s Report for the month of October 2022. 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.

RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for October 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

ESTIMATED

INVESTMENT INTEREST P URCHASE MATURITY PAR CURRENT BOO K MARKET

DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local Agency Investment Fund (LAIF) City-Including General Fund & all other Special Revenue Funds 1.772% Varies Varies 40,058,401.48 $ 40,058,401.48 $ 40,058,401.48 $ 40,058,401.48 $ Housing Authority 1.772% Varies Varies 14,209.07 14,209.07 14,209.07 14,209.07 40,072,610.55 40,072,610.55 40,072,610.55 40,072,610.55 Federal Farm CR BKS Bond 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,980,890.00 Mutual Securities
3,000,000.00 3,000,000.00 3,000,000.00 2,980,890.00
US Bank - Debt Service Trustee Accounts
Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,752,606.05 6,752,606.05 6,752,606.05 6,752,606.05 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 2,671.48 2,671.48 2,671.48 2,671.48 6,755,277.53 6,755,277.53 6,755,277.53 6,755,277.53
$ 49,827,888.08 $ 49,827,888.08 $ 49,827,888.08 $ 49,808,778.08 Total Investments $ 49,827,888.08
Cash with Bank of the West
8,000,012.28
7,001,769.93
659,904.72
333,203.12
830,142.99
Total Cash with Bank of the West 16,825,033.04
Investment Brokerage Capital Reserves (Divdend Option Cash) 258,959.79

Total Cash and Investments $ 66,911,880.91
* In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.

The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park".
*
There was no investment maturity/purchase transactions made for the month of October 2022 and several deposits/withdrawals were made through 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

CITY OF BALDWIN PARK

TREASURER'S REPORT
10/31/2022
City Miscellaneous Cash (W/C, P/R)
City Checking (General)
Money Market Plus
Successor Agency
Housing Authority

STAFF REPORT
ITEM NO. ______3___________

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TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
DATE: December 21, 2022
SUBJECT: Claim Rejection

SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park.

RECOMMENDATION
It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): The Claimant, Palp, In. dba Excel Paving Company and on behalf of it subcontractor California Professional Engineering, Inc., alleges breach of contract. This government claim, and all government claims, should be considered as potential lawsuits in the future.

Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

FISCAL IMPACT
Fiscal impact is unknown at this time.

BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action.

ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS
None

STAFF REPORT
ITEM NO. ________4_________

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TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Marco A. Martinez, City Attorney
Rosa Caballero, Executive Secretary
DATE: December 21, 2022
SUBJECT: Codification and Implementation of Ballot Measures Approved by Voters at the November 8, 2022, General
Election- Measures BP, CB, CN, RM, TL

SUMMARY
Five different ballot measures were presented to, and approved by the city voters at the November 8, 2022, General Election. Measures BP, CN, RM, and TL were placed on the ballot by legislative action of the City Council. Measure CB was placed on the ballot by voter initiative. The City Council certified the election results at its meeting of December 5, 2 022. This report delineates the codification and some of the steps to be followed for their implementation.

RECOMMENDATION
It is recommended that the City Council receive and file this report in as much as it is presented for information purposes only.

FISCAL IMPACT
There is no fiscal impact associated with this report.

BACKGROUND
Voters in the City of Baldwin Park approved the five (5) ballot measures presented to them on the November 8, 2022, general election. The County Registrar of Voters transmitted the Certificate of Election specific to the City of Baldwin Park, on December 6, 2022. The City Council certified the results of the election at its Special Meeting on December 7, 2022. This report is intended to briefly represent the salient milestones and steps to be followed in the implementation of each of the measures.

DISCUSSION
As a matter of law, measures approved by the voters go into effect 10 days after the certification by the city council. This means that all five (5) ordinances will go into effect on December 18, 2022. Staff will assign an Ordinance number to each and will codify the language into the City of Bal dwin Park Municipal Code in coordination with our publisher, American Legal Publishing Company. Our Municipal Code is digitally available in the City’s website.

Following is a digest of time milestones contained in each of the ordinances proper, and the subsequent implementation procedures:

Page 2 ends

Measure BP- Transaction and Use Local (Sales) Tax
This Ordinance will add a 0.75% (3/4 of a cent) to the current applicable sales tax rate of 9.5% and increase it to 10.25%. As approved by the voters and spelled out in the ordinance, the revenue from the additional 0.75% sales tax is for local use only by the City of Baldwin Park, and not for the State, County, or any regional agency like Metro.

Under the State sales tax law, the operative collection date when the additional .75% sales tax will be added to retail sales in Baldwin Park is April 1, 2023, based on the following language contained in the Ordinance: “Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above”. The Ordinance was deemed adopted when the Council certified the election results on December 7.

An agreement plus sev eral forms will need to be submitted to the California Department of Tax and Fee Administration (CDTFA) by December 31, 2022, to start sales tax collection. CDTFA is the state agency that will collect the tax and remit the revenue to the city on a quarterly basis. The firs remittance is expected in June 2023. In a separate staff report, various administrative resolutions, and agreements between the City and CDTFA are being presented to the City Council for approval.

As directed by the City Council and as p romised to the voters, a Stakeholders Oversight Committee (SOC) will be established and tasked with the responsibility to make recommendations to the City Council on the priority and methodology for allocating the Measure BP Revenue (estimated at $6 million per year), and the development of an investment strategy. A group of 7 members is envisioned at this point, but the Office of the CEO will present a plan and a draft ordinance to the City Council for the creation of the SOC.

During the educational and informational campaign in the months leading to the November 8 election, critical feedback from the residents and the Stakeholders Oversight Committee (SAC) points to the development of a sports complex as one of the top priorities, capitalizing on the oppo rtunity for a partnership with the Baldwin Park Unified School District as they consider decommissioning school sites. A sports complex for all ages and genders. A sports complex that we can call our own and for our residents.

Measure CN- Campaign Contribution and Penalties
A campaign contribution limit of $750 per person per election cycle is now in effect. Several other additional provisions contained in the ordinance also apply. The Administration office, the City Clerk, and the City Attorney will work with the State Fair Political Practices Commission to enforce the new Ordinance. Technically, Measure CN was a reaffirmation by the voters of an existing ordinance. Any future changes to the ordinance must be approved by the voters.

Measure RM- Elimination of the Office of Elective Mayor and Establishing a Rotating Mayor Commencing in 2024, upon the end of the current elected term of the incumbent Mayor, the City Council will select a member of its body to be the mayor of the city, for a one-year term.

The office of the CEO, the City Clerk, and the City Attorney will present to the City Council options for implementing the selection of the rotating Mayor.

Page 3 ends

Measure TL- Term Limits for Members of the City Council Commencing with members elected to offic e on the November 8, 2022, election, members of the city council will have a 12 -year, or three 4 -year term limit. The office of the directly elective mayor is technically included in the term limit ordinance, but with it being eliminated by virtue of the p assage of Measure RM, it is no longer applicable. Terms limits do not apply to the elective offices of city clerk and city treasurer.

Measure CB- Baldwin Park Marijuana Retail Sales Regulation and Taxation Measure This was a voter- initiated ballot measure placed on the election ballot by voter signature initiative. It allows for up to three retailers of cannabis in the city.

It has very aggressive timelines, the most immediate being that within 30 days of the date of effectiveness’ of the Ordinance on D ecember 18, 2022, the city shall publish a permit application and eligibility determination procedures for potential applicants.

City Staff along with the City Attorney and Special Counsel have met with representatives of the proponent (Catalyst and RD Ba ldwin Park) to have a common understanding of timeline and implementation expectations. It is anticipated that the city will enlist the assistance of a consultant to help with the expeditious reviews and development of the procedures. Such associated cost is recoverable thru the administration fee outlined in the Ordinance.

ALTERNATIVES
No alternatives are recommended.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Measure BP Ordinance

2. Measure CN Ordinance

3. Measure RM Ordinance

4. Measure TL Ordinance

5. Cover Page & Measure CB Ordinance

ORDINANCE NO. 1475

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, ADDING ARTICLE 8 TO CHAPTER 3 OF TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE TO ENACT A THREE- QUARTERS PERCENT (3/4%) GENERAL TRANSACTIONS AND USE

TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT

OF TAX AND FEE ADMINISTRATION

WHEREAS, pursuant to California Revenue and Taxation Code Section 7285.9 the City of Baldwin Park (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and

WHEREAS, the People of the City desire to levy a Transactions and Use Tax for general purposes until repealed to fund important general City services, at a rate of three- quarters percent (3/4%); and

WHEREAS, if approved by the City Council and Baldwin Park voters, the Transactions and Use Tax ordinance will be incorporated into Article 8 of Chapter 3 of Title 3 of the Baldwin Park Municipal Code.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the Baldwin Park Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code Section 53724 and Revenue and Taxation Code Section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum majority of all members of the City Council on July 20, 2022

Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Baldwin Park voting at the General Municipal Election of November 8, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of t he first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is he ld invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the Baldwin Park Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November, 2022.

CITY OF BALDWIN PARK

Emmanuel J. Estrada, Mayor

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

_________________________________
Christopher Saenz, City Clerk

APPROVED AS TO FORM:

_______________________________
Marco A. Martinez, City Attorney

Attachment 1

Chapter 35: Taxation
Transactions and Use Tax

Sections:

35.130 - Purpose.

35.131 - Contract With State.

35.132 - Transactions Tax Rate.

35.133 - Place of Sale.

35.134 - Use Tax Rate.

35.135 - Adoption of Provisions of State Law.

35.136 - Limitations on Adoption of State Law and Collection of Use Taxes.

35.137 - Permit Not Required.

35.138 - Exemptions and Exclusions.

35.139 - Amendments.

35.140 - Enjoining Collection Forbidden.

35.141 – Duration of Tax

Sections:

35.130 - Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part

1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of

Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

35.131 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration an d operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

35.132 - Transactions Tax Rate.

In addition to the tax set forth in Article 2 of this Chapter, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of three -quarters percent (3/4%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

35.133 - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is d elivered by the retailer or his agent to an out -of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

35.134 - Use Tax Rate.

In addition to the tax set forth in Article 2 of this Chapter, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of three -quarters percent (3/4%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

35.135 - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the

provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

35.136 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the title o f the State Controller, State Treasurer, State Board of Control, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in this City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

35-137 - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

35-138 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utili ties Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated t o lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or powe r over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the prop erty into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the

Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax an y transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the s torage, use or other consumption of which is subject to the use tax.

35-139 - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

The City Council, by majority vote of the full Council, may lower the rate of the retail transactions and use tax adopted by this Chapter to 0%.

35-140 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to preven t or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

35-141 – Duration of Tax.

The tax imposed by this Article shall continue until this ordinance is repealed.

ORDINANCE NO. 1468

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BALDWIN PARK, CALIFORNIA, ESTABLISHING CAMPAIGN

CONTRIBUTION LIMITS AND PENALTIES

WHEREAS, the City of Baldwin Park (“City”) does not currently have campaign contribution limits or regulations; and

WHEREAS, Assembly Bill No. 571 (“AB 571) imposes a default campaign contribution limit upon cities and counties without campaign contribution limits; and

WHEREAS, the default contribution limit amount is set at the same amount as the limit for State elected officials, subject to adjustment by the Fair Political Practices Commission (“FPPC”) pursuant to Government Code Section 85301 and 83124; and

WHEREAS, Government Code Section 85702.5 permits the City to establish its own campaign contribution limits that are different from what is established by Government Code Sections 85301 and 83124 by resolution or ordinance; and

WHEREAS, the FPPC has currently imposed a campaign contribution limit for State elected officials of $4,900 per election; and

WHEREAS, based upon the forgoing, the City Council desires to establish a campaign contribution limit which recognizes the unique aspects of the City; and

WHEREAS, it is the purpose and the intent of the City Council in enacting this Ordinance to establish an orderly political forum in which individuals and groups may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns for City offices; and to provide for the full and fair enforcement of all the provisions of this Ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 40.01. Campaign Finance Reform. Chapter 40 of the Baldwin Park Municipal Code shall be interpreted in a manner which is consistent with the Political Reform Act of 1974 and the amendments pursuant thereto. Specifically, California Government Code section 85702.5 adopted pursuant to A.B. No. 571 effective January 1, 2020 and thereafter operative on January 1, 2021.

SECTION 40.02. Definitions.

The following words or phrases as used in this Ordinance shall have the following meanings:

Except as herein provided, the definitions set forth in the Political Reform Act of 1974 (Government Code Section 81001 et seq.) shall govern the interpretation of this act.

(a) As used in this Ordinance, “person” shall carry the same meaning as Government Code Section 82047. Government Code Section 82047 defines “person” as “an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.”

(b) "Candidate" or “Office Holder” means anyone who is qualified to be listed on a ballot or is listed on a ballot or is qualified to have write- in votes cast on their behalf counted by elections officials for nomination or election to any elective office in the City of Baldwin Park, including anyone who receives a contribution, makes an expenditure, or gives their consent for another person to receive a contribution or make an expenditure, to bring about the person’s nomination or election to an elective office in the City of Baldwin Park . “Candidate” does not include any person seeking nomination or election for elective office outside of the offices of the City of Baldwin Park listed in section “(h)” below.

(c) "Committee" means any person or combination of persons formed for the purpose of promoting or opposing the election or reelection of a person to City elected office who directly or indirectly, (i) receives contributions, or (ii) makes independent expenditures or (iii) makes contributions at the behest of any City candidate within the meaning of California Government Code 82013. A campaign committee includes any "Controlled Committee" within the meaning of California Government Code section 82016, any "General Purpose Committee" within the meaning of California Government Code section 82027.5, any "Primarily Formed Committee" within the meaning of California Government Code section 82047.5, any "Sponsored Committee" within the meaning of California Government Code section 82048.7, or political action committee.

(d) "Contract" means a covenant or agreement, a promise or set of promises, for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This definition does not include any “Contract” that does not go before the City Council and is not approved by the City Council.

(e) "Contractor" shall mean any person or entity that has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the Contractor and where the Contractor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.

(f) "Contribution" or “Contribute” means a payment, gifts as defined by the Political Reform Act, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, for any elective office in the City of Baldwin Park, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes. “Contributi on” shall include the transfer of anything of value by a committee from another committee, unless full and adequate consideration is received. Notwithstanding anything in this Ordinance, a Candidate may transfer up to Five Thousand Dollars ($5,000) of post -election funds to their new campaign for elective office, or new campaign for the same elective office, if applicable.

(g) "Developer" shall mean any person or entity who is currently seeking, or who has an interest in or expectation of seeking from the City a specific plan, zone change, development agreement, density bonus, subdivision tract map, conditional use permit, or an industrial or commercial use having a building area of 20,000 square feet or more. The term shall include any agent or representative of the Developer and where the Developer is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.

(h) "Election" means any election for a City Councilmember for Baldwin Park, any election for Mayor of the City of Baldwin Park, and election for City Clerk of the City of Baldwin Park, and any election for Treasurer of the City of Baldwin Park , including a recall elect ion for any of the above in the City of Baldwin Park. This definition does not include Water Board elections, School Board elections or any other elections not expressly stated herein.

(i) "Independent Expenditure" shall have the same meaning as set forth under California Government Code section 82031.

(j) "Political Action Committee" refers to any committee or organization as defined in California Government Code Section 82048.7 or Section 84222.

(k) "Project" means any activity for which a permit from the City is required, including but not limited to, construction, deconstruction, demolition, conversion, and renovation. This definition shall not include permits pulled by the homeowner of a single family home related to home improvement and home repairs. This definition shall also not include “Exempt Projects” as set forth in section 53.14(B) of the Baldwin Park Municipal Code.

(l) "Vendor" means any person or entity that has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the Vendor and where the Vendor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.

(m)The purpose of this Ordinance is to encourage broader participation in the political process and to avoid corruption, or the appearance of corruption, in decision making and to protect the integrity of the City of Baldwin Park’s procurement and contract processes, by placing limits on the amount that any person may contribute or otherwise cause to be available to candidates for the office of mayor, city council, city clerk, and treasurer.

SECTION 40.03. Campaign Contribution Limit. A person shall not make to a candidate for elective city office for the City of Baldwin Park, and a candidate for elective city office for the City of Baldwin Park shall not accept from a person, a contribution, totaling more than Seven Hundred and Fifty Dollars ($750) per election cycle where the Candidate or Officer Holder who is the beneficiary of the Contribution or Independent Expenditure is on the ballot or is a write- in Candidate or seeking nomination/appointment for the officer . In other words, this Contribution limit does not reset after each City election, it only resets after the Office Holder’s election.

Campaign Contributions may only be solicited from October the year before an Election through February of the year following an Election.

In addition, a ny primarily formed C ommittee that makes contributions or Independent Expenditures supporting or opposing a candidate or candidates in Baldwin Park Elections shall not accept from any person a contribution or contributions totaling more than seven hundred fifty dollars ($750.00) for each election in which the Candidate or Candidates are on the ballot or are write-in candidates.

Any and all contributions solicited or accepted pursuant to this Ordinance shall be expended only in connection with the candidacy for the office specified in the candidate's declaration of intent to solicit and receive contributions or for any valid purpose as defined in Political Reform Act of 1974, as amended, or the fair political practices commission regulations interpreting the act, unless otherwise expressly noted in this article.

A C ommittee may not change its status from the type of C ommittee that is reported on its statement of organization to any other type of Committee between the period that is eighteen (18) months prior to an election and December 31 immediately following an election.

SECTION 40.04. Contributions by Developers. A Developer shall not contribute to a Candidate for elective city office for the City of Baldwin Park (40.02(h), and a C andidate for elective city office for the City of Baldwin Park shall not accept from a D eveloper, a C ontribution, while the Developer has a P roject pending approval by the C ity Council for the City of Baldwin Park or is presently in negotiations with the City for entitlements for a Project within the City of Baldwin Park and for six (6) months after the Project or entitlements are approved. If no project is pending before the City Council and no entitlement request is pending before the City Council, Developers are also limited to a C ontribution totaling no more than Seven Hundred and Fifty Dollars ($750) per election (40.02(h).

SECTION 40.05. Contributions by Vendors. A Vendor shall not Contribute to a C andidate for elective city office for the City of Baldwin Park (40.02(h)), and a Candidate for elective city office for the City of Baldwin Park shall not accept from a Vendor, a Contribution, while the Vendor has a Contract pending approval, either through an RFP process, RFQ process or otherwise, by the City Council for the City of Baldwin Park or is presently doing business with the City of Baldwin Park. If a Vendor has no C ontract pending bef ore the City Council and is not currently doing business for the City, Vendors are also limited to a C ontribution totaling no more than Seven Hundred and Fifty Dollars ($750) per election.

SECTION 40.06. Contributions from Personal Funds. The provision of Sections 40.03, 40.04, and 40.05 do not apply to a candidate’s contributions from the candidate’s personal funds to the candidate’s own campaign. Notwithstanding the foregoing, a candidate may not make loans to the candidate’s self or to the candidate’s campaign or any committee in support thereof in excess of ten thousand dollars ($10,000) per election. Nothing in this Section shall prohibit a Candidate from making unlimited contributions from his or personal funds to the Candidate’s campaign as long as it is not a loan and will not be repaid from the Candidate’s campaign fund or account.

SECTION 40.07. [This Section has been intentionally left blank.]

SECTION 40.08. Adjustment to Contribution Limit. The contribution limit set for th in Section

40.03 shall be automatically adjusted every two years by the City Council, City Clerk, City Manager, or other authority to reflect the percentage changes in the California Consumer Price Index (“CPI”) beginning January 1, 2023. Any increase or decrease in contribution limit based on the CPI shall be rounded to the nearest ten ($10.00) and no hundredths of a dollar.

SECTION 40.09. Enforcement for Violations. Any person who knowingly or willing violates this Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provision of this Ordinance shall be punished by a fine of not more than three times the amount of the Contribution or by imprisonment in the county jail for a period not less than one (1) day and not to exceed six months, or by both such fine and imprisonment. Any person convicted under this section must serve at least one day In County jail as a minimum sentence in addition to any fine imposed as described herein.

SECTION 40.09.01 Cure Period for Violations. There will be a fourteen (14) day cure period, from the time a Candidate is notified of the violation, for a C andidate to address the complaint (either by returning excess funds or contesting the complaint ) before a determination of guilt is established, sentence imposed and a fine is issued.

SECTION 40.09.02 Enforcement by the FPPC. The City will contract with the FPPC to receive complaints and enforce violations of this Ordinance. If for any reason there is no contract in place with the FPPC to receive complaints and enforce violations, complaints will be received by the City Clerk and enforced by the CEO of the City pursuant to due process procedures identified in the Baldwin Park Municipal Code including, but not limited to, Chapter 15; Administrative Enforcement of Code Violations.

SECTION 40.09.03 Liberal Cons truction Section. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out.

SECTION 40.10. Applicability of AB 571. By this Resolution, the City is adopting a campaign contribution limit in accordance Government Code Section 85702.5. By operation of law, the provisions of the Government Code Sections 85305; 85306; 85307; 85315; 85316; 85317; and 85318 no longer apply within the jurisdiction of the City to candidates for elective office.

SECTION 40.11. Loans:

A. Except as provided in subsections C and D of this section, a loan shall be considered a contribution from the maker and the guar antor of the loan and shall be subject to the contribution limitations of this Ordinance.

B. Every loan to a Candidate or the Candidate's controlled C ommittee shall be by written agreement and such written agreement shall be filed with the Candidate's or committee's campaign statement on which the loan is first reported.

C. The proceeds of a loan made to a C andidate by a commercial lending institution in the regular course of business on the same terms available to members of the public and which is secured or guaranteed shall not be subject to the contribution limitations of this article.

D. During the election cycle, no candidate shall personally make loans to the candidate's campaign or the candidate's committee which total more than ten thousand dollars ($10,000.00).

E. Extensions of credit ( other than loans pursuant to subsections C and D of this section) for a period of more than thirt y (30) days are subject to the contribution limitations of this article.

F. Nothing in this section shall prohibit a C andidate from making unlimited contributions to the candidate's campaign from his or her personal funds.

SECTION 40.12. Aggregation of Payments. For purposes of the contribution limitations in this article the following shall apply:

A. All payments made by a Person, as defined in this Ordinance and/or the Political Reform Act of 1974, as amended, whose C ontribution or expenditure activity is financed, maintained or controlled by any corporation, labor organization, association, political party or any other person or committee, including any parent, subsidiary, branch, division, department or local unit of the corporation, labor organization, association, political party or any other person, or by any group of such persons shall be considered to be made by a single person or committee.

B. Two (2) or more entities shall be treated as one person when any of the following circumstances apply: 1. The entities share the majority of members of their boards of directors. 2. The entities s hare two (2) or more officers. 3. The entities are owned or controlled by the same majority shareholder or shareholders. 4. The entities are in a parent-subsidiary relationship.

C. An individual and any general partnership in which the individual is a partner, or an individual and any corporation in which the individual owns a controlling interest, shall be treated as one person.

SECTION 40.13. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 40.14. Political Action Committee and or Independent Expenditure Identification.

Any Political Action Committee as defined herein must file documents with the City Clerk identifying the Political Action Committee and identifying the FPPC number of the PAC before any monies may be expended by the PAC in any City of Baldwin Park election as defined in

40.02(h).

Any Person who makes an Independent Expenditure in any City of Baldwin Park Election as defined herein must file documents with the City Clerk identifying the Committee or Person who will make the Independent Expenditure and identifying the FPPC number of the Person or Committee before any monies may be expended by in any City of Baldwin Park election as defined in 40.02(h).

SECTION 40.15. Statute of Limitations.

Prosecution for violations of any provision of this Ordinance shall be commenced within four (4) years after the date on which the violation occurred.

SECTION 40.16. Amendments.

Any amendments to this Ordinance shall not act to weaken the Ordinance or act in a manner that is counter to the spirit, purpose, or intent of the Ordinance. Amendment or repeal of any portion of this Ordinance, except mandated by a court of law, shall require a four -fifths vote of the City Council, except for amendments that are clerical or act to further clarify clauses in the Ordinance.

First read at a regular meeting of the City Council of the City of Baldwin Park held on the 16th day of February 2022.

PASSED, APPROVED, and ADOPTED this 2 nd day of March 2022.

_____________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that Ordinance No. 1468 was introduced, placed upon its first reading, and duly adopted on March 2, 2022 by the following vote to wit:

AYES: COUNCIL MEMBERS: Avila, Damian, Garcia, Estrada, and Hernandez

NOES: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

________________________________

MARLEN GARCIA

CITY CLERK

ORDINANCE NO. 1476

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING SECTION 30.02 TO CHAPTER 30
OF TITLE 3 (ADMINISTRATION) OF THE BALDWIN PARK

MUNICIPAL CODE REGARDING CITY COUNCIL REORGANIZATION

WHEREAS, the City of Baldwin Park is a general law city incorporated under the laws of the State of California; and

WHEREAS, California Government Code Section 34902(b) establishes the procedure to eliminate the elective office of mayor after the office has been established; and

WHEREAS, if a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be established.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by reference.

Section 2. Section 30.02 (Council Reorganization) is hereby added to Chapter 30 (City Council) of Title 3 (Administration) of the Baldwin Park Municipal Code to read as follows:

Section 30.02 – Council Reorganization

The Council shall reorganize and select one of its number as Mayor and Mayor Pro Tempore, on the following occasions commencing in 2024:

A. In odd even-numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared.

B. In even odd-numbered years at the first regular meeting conducted in the month of December.

C. At such other times as a majority of the City Council shall order.

D. This section shall not be amended or repealed except by a majority vote of the voters of the City of Baldwin Park at a regularly scheduled election.

Section 3. Severability. If any provision of this ordinance or the application thereof of any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 4. Effective date. This Ordinance shall become effective immediately upon the following conditions: (1) approval by the City Council; (2) approval of the Ordinance by majority of the voters casting votes at the General Municipal Election of Nove mber 8, 2022; (3) certification of all votes cast by the City Council confirming that a majority of the voters have approved this ordinance; and (5) confirmation of approval of this Ordinance by the City Council upon certification of election results.

Section 5. The City Clerk shall timely cause the same to be published once in a newspaper of regular circulation. The Ordinance shall become effective immediately upon the certification of an affirmative majority of the electors of the City in favor of eliminating the directly elected mayor at the November 8, 2022, General Municipal Election.

I hereby certify that the Baldwin Park Term Limits Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November 2022.

CITY OF BALDWIN PARK

Emmanuel J. Estrada, Mayor

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK
______________________________
Christopher Saenz, City Clerk

APPROVED AS TO FORM:

_______________________________
Marco A. Martinez, City Attorney

ORDINANCE NO. 1477

AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN
PARK, CALIFORNIA, ADDING SECTION 30.06 TO CHAPTER 30 OF TITLE 3 (ADMINISTRATION) OF THE BALDWIN PARK MUNICIPAL

CODE REGARDING TERM LIMITS FOR MEMBERS OF THE CITY

COUNCIL AND DIRECTLY ELECTED MAYOR

WHEREAS, the City of Baldwin Park is a general law city incorporated under the laws of the State of California; and

WHEREAS, California Government Code Section 36502 (b) provides that the City Council of a general law city may adopt a proposal to limit the number of terms a member of the City Council may serve on the City Council upon approval by a vote of the electors of the city; and

WHEREAS, no such terms shall apply to the City Counci l Members unless and until such limits are approved only to those terms of office which commence on or after November 8, 2022.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by reference.

Section 2. Section 30.06 (Term Limits) is hereby added to Chapter 30 (City Cou ncil) of Title 3 (Administration) of the Baldwin Park Municipal Code to read as follows:

Section 30.06 – Term Limits

A. The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a city council member and mayor will yield to increased participation in seeking elective office.

B. Pursuant to the authority granted to the City under Government Code Section 36502(b), no person shall serve more than twelve (12) years, or three (3) four-year terms as a member of the Baldwin Park City Council and/or no person shall serve more than twelve (12) years, or six (6) two -year terms as the directly elected Baldwin Park Mayor; and/or person shall serve more than a combined twelve (12) years as either Council Member or directly elected Mayor.

C. Any person, who either by appointment o r election, serves a partial term of office 24 months or greater in length, as a member of the City Council or directly elected Mayor, shall be deemed, for the purposes of this section, to have serviced a full

D. four-year term. A partial term of office less than 24 months shall not be counted as service for the purpose of this chapter.

E. The three-term for City Councilmember and six-term for directly elected Mayor limit established by this section shall apply prospectively only t o those terms of office which commence on or after November 8, 2022.

F. The City Clerk must reject, refuse to accept for filing, and otherwise refuse to process any nomination papers of other equivalent declaration of candidacy as required or authorized by law for persons if they are ineligible to hold public office pursuant to this section.

G. This section shall not be amended or repealed except by a majority vote of the voters of the City of Baldwin Park at a regularly scheduled election.

Section 4. Effective date. This Ordinance shall become effective immediately upon the following conditions: (1) approval by the City Council; (2) approval of the Ordinance by majority of the voters casting votes at the General Municipal Election of November 8, 2022; (3) certification of all votes cast by the City Council confirming that a majority of the voters have approved this ordinance; and (5) confirmation of approval of this Ordinance by the City Council upon certification of election results.

Section 5. The City Clerk shal l timely cause the same to be published once in a newspaper of regular circulation. The Ordinance shall become effective immediately upon the certification of an affirmative majority of the electors of the City in favor of term limits at the November 8, 2022, General Municipal Election.

I hereby certify that the Baldwin Park Term Limits Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November 2022.

CITY OF BALDWIN PARK

Emmanuel J. Estrada, Mayor

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

_________________________________
Christopher Saenz, City Clerk

APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

STAFF REPORT
ITEM NO. ______5___________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Accept Completed Improvements and Authorize Close-Out of Project Expenditures for the Serenity Homes Family Bridge Housing Site Project, Consisting of Equipment and Material Procurements, Site Preparation and Construction Work

SUMMARY
This report seeks City Council Consideration for acceptance of project improvements and close-out of related expenditures for the Serenity Homes Project, formerly known as, the Garvey Family Bridge Housing Site Project. Improvements included installation of modular shelter units, shower and restroom trailers, electrical equipment including electrical connections to shelters, installation of security surveillance system, construction of wooden deck, installation of plumbing equipment to trailer facilities, ADA compliancy work, decorative pavement paint, fence alterations, site landscaping and site preparation. The funds for the project would come from the San Gabriel Valley Regional Housing Trust (SGVRHT) Homeless Housing Pilot Program (HHPP).

RECOMMENDATION
It is recommended that the City Council:

1. Approve final expenditures for materials procurement and placement for:
a. Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $25,706.00 b. Montondo Trailer, LLC for procurement of trailers in the amount of $220,000.00; and c. Boss Homes, LLC for procurement of shelters in the amount of $415,294.00; and

2. Approve contract services expenditures from:
a. A-Co Temporary Power for installation of a light pole in the amount of $510.00; and b. AmRamp Los Angeles for installation of ADA ramps for accessibility to restrooms and ADA units in the amount of $15,726.79; and
c. APN Landscaping, Inc. for landscaping services in the amount of $3,850.00; and d. Automation Solutions, Inc. for installation of electrical equipment, site connections and HVAC installations in the amount of $62,080.42; and
e. Brightview Painting Company for building painting services in the amount of $10,300.00; and
f. ConvergeOne for installation of the camera security surveillance system in the amount of $27,736.97; and
g. Greg Ruvalo for installation of fencing, site preparation services and garage upgrades in the amount of $61,025.00; and
h. Home Depot for material procurement for the construction of wooden deck in the amount of $12,850.00; and
i. On Line Engineering for land surveying services in preparation of the topographic survey map utilized for the design of the site in the amount of $3,500.00; and j. Ram Construction & Fencing LLC for construction of Wooden Deck and site improvements related to ADA compliancy in the amount of $74,844.00; and k. San Gabriel Valley Habitat for Humanity for construction management services for assembly of the Tiny Homes in the amount of $4,093.65; and

Page 2 ends

l. SewerPros for plumbing services involving connections to restroom building and laundry facilities and site preparation in the amount of $25,182.00; and m. Sign-A-Rama for procurement and installation of a new Serenity Homes sign on the decorative fencing in the amount of $2,267.49; and
n. Superior Painting for decorative pavement paint services in the amount of $15,128.00; and

3. Authorize the Director of Finance to appropriate $47,094.32 to Account No. 270-50-520- 58100-55023 for final expenditures related to project close-out costs; and

4. Authorize the Director of Finance to make the necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to the SGVRHT for qualified expenditures.

FISCAL IMPACT
There is no impact to the General Fund. City expenditures have been pre -approved and will be reimbursed by the San Gabriel Valley Regional Housing Trust (SGVRHT) Homeless Housing Pilot Program (HHPP). Although project expenditures were approved for $933,000.00, an appropriation of $47,094.32 from fund 270-50-520-58100-55023 for the current fiscal year (FY 2022-23) is required for unanticipated costs for this project closeout.

BACKGROUND
In the summer of 2021, the SGVRHT received a State Budget Earmark of $20 million to address the affordable housing shortage and homeless crisis in the San Gabriel Valley. Last Fall, the SGVRHT solicited interested cities to submit a Letter of Intent and Application for funding under the HHPP. The City Council directed staff to apply for the HHPP grant and Baldwin Park was awarded $1,125,000 to develop and operate housing for homeless families at 13167 Garvey Avenue.

At their February 16, 2022, City Council Meeting, City Council Provided staff direction to enter into an agreement with the San Gabriel Valley Regional Housing Trust (SGVRHT) to receive the grant funds and commence development of the program. Also , at this meeting, the City Council directed staff to prepare a site plan and schematic design for the development and, when ready, return at a subsequent City Council meeting for review, discussion, and direction thereof.

On April 20, 2022, the Mayor and City Council provided direction to proceed with procurement of long- lead items to meet the project’s schedule.

On June 1, 2022, the City Council reviewed and approved the proposed site layout and schematic design and authorized staff to commence the community engagement and site development phases of the project.

On June 15, 2022, the City Council approved procurement proposals and set not -to-exceed expenditure limits for various facets of development for the project. A total not -to-exceed amount of $272,000.00 for professional services and material procurement for the development of the project was authorized. Additionally, the City Council provided authorization for the Director of Finance to make necessary budget adjustments and processing of invoice s including reimbursement request s for qualifying expenditures.

DISCUSSION
City staff has been actively working with the various stakeholders, including SGVRHT, coordinating with SRK architects, shelter vendor, electrical engineer and others in the development of the site. In addition to site preparation and site landscaping, city staff took on additional construction related

Page 3 ends

components such as construction management, procurement of materials, coordination with various professional services consultants and in-house support from the Public Works Maintenance Division.

Per the report prepared for the June 15, 2022 City Council meeting, not all third -party partners, consultants and contractors necessary to complete the development of the site had been selected. The not-to-exceed expenditure limits were approximate in nature, however given the stringent timeline, this required City Council approval to set said limits in order to begin procuring professional and contractual services in order to expedite the development of the site. Furthermore, balancing the limit amounts per discipline as noted on the table included below, the project exceeded the not -to-exceed amount by $47,094.32. There were various factors contributing to this exceedance, including an evolving scope of work as the site was being developed. Such changes included, necessary upgrades to bring building structures up to code and avoid safety concerns, upgrades to buildings proposed for office space, storage space and homework room including electrical and HVAC additions, demolition of unpermitted structures from the previous owner and added costs attributed to expediting construction work to meet the projects stringent deadline. The project is substantially complete, and the various contractors have met the requirements for the project closure. The final construction costs are $319,094.32 which excludes the costs for the shelter homes, trailers and portable solar lights.

Category Vendor Invoiced
Amount
Total
Amount
Approved
Amount Change
ADA Construction
AmRamp $ 12,072.11
$ 28,650.79 $ 35,000.00 $ 6,349.21 AmRamp $ 3,654.68 Ram Const. and Fencing LLC $ 12,924.00
AC Pavement Paint Superior Paint $ 15,128.00 $ 15,128.00 $ 25,000.00 $ 9,872.00 Carpentry
Services
Home Depot $ 12,850.00
$ 43,400.00 $ 50,000.00 $ 6,600.00
Ram Const. and Fencing LLC $ 3,150.00
Ram Const. and Fencing LLC $ 2,900.00
Ram Const. and Fencing LLC $ 20,500.00
Ram Const. and Fencing LLC $ 2,400.00
Ram Const. and Fencing LLC $ 1,600.00
Electrical
Services
A-Co Temporary Power $ 510.00
$ 62,590.42 $ 35,000.00 $ (27,590.42)
Automation Solutions Inc. $ 40,511.35
Automation Solutions Inc. $ 6,300.00
Automation Solutions Inc. $ 3,504.37
Automation Solutions Inc. $ 1,065.95
Automation Solutions Inc. $ 7,032.50
Automation Solutions Inc. $ 3,666.25
Fencing
Services
Greg Ruvalo $ 23,200.00
$ 36,740.00 $ 25,000.00 $ (11,740.00) Greg Ruvalo $ 5,980.00 Greg Ruvalo $ 7,560.00
Plumbing Services SewerPros $ 20,682.00 $ 20,682.00 $ 30,000.00 $ 9,318.00 Security
Services
ConvergeOne $ 21,320.72 $ 27,736.97 $ 40,000.00 $ 12,263.03 ConvergeOne $ 6,416.25
Site Landscaping APN Landscaping, Inc. $ 3,850.00 $ 3,850.00 $ 12,000.00 $ 8,150.00 Site
Preparation
Brightview Painting $ 6,850.00 $ 80,316.14 $ 20,000.00 $ (60,316.14) Brightview Painting $ 450.00

Page 4 ends

Category Vendor Invoiced
Amount
Total
Amount
Approved
Amount Change
Brightview Painting $ 1,200.00
Brightview Painting $ 1,800.00
Greg Ruvalo $ 12,660.00
Greg Ruvalo $ 5,750.00
Greg Ruvalo $ 5,875.00
On-Line Engineering $ 3,500.00
Ram Const. and Fencing LLC $ 4,550.00
Ram Const. and Fencing LLC $ 3,500.00
Ram Const. and Fencing LLC $ 11,070.00
Ram Const. and Fencing LLC $ 12,250.00
Ram Const. and Fencing LLC $ 4,093.65
SewerPros $ 4,500.00
Sign-A-Rama $ 2,267.49
Solar Lighting GreenShine $ 25,706.00 $ 25,706.00 $ 25,706.00 $0.00 Mod. Shelter Units Boss Homes $ 415,294.00 $ 415,294.00 $ 415,294.00 $0.00 Restroom/Showers Montondo Trailers $ 220,000.00 $ 220,000.00 $ 220,000.00 $0.00 Totals $ 980,094.32 $ 980,094.32 $ 933,000.00 $47,094.32

To complete the project close -out, a request for an appropriation is requested in the amount of $47,094.32 to cover the service providers costs associated with the completion expenditure report for SGVRHT reimbursement request. Staff recommends that the Ci ty Council approve the appropriation, accept the improvements, and authorize staff to file a request for reimbursement from SGVRHT.

ALTERNATIVES

1. The City Council may provide staff with alternate direction.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirec t physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutor ily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Quote for the various work items

2. Approved Change Orders

3. Final Invoices for approved work

ESTIMATE

Ram Construction and
Fencing LLC.

DATE
7/14/22

ESTIMATE

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

PAHSE 1-SCOPE OF WORK-CONCRECT -ADA

-THE FOLLOWING 2 ACCESS AREAS WILL BE GETTING FORMED AND POURED WITH NEW

CONCRECT FOR ADA ACCESS

-2 ENTRANCE’S APPROX 4’ WIDE X 30’ LF
-ADD AND POUR ON TOP OF EXISTING CONCRECT SLAP
-FORM AND LAY 9 GAGE WIRE MESH BEFORE CONCRECT POUR

PHASE 1 TOTAL $10,500

NOTE-ALL PRICES ARE APROOX BASED ON INFORMATION PROVIDED BY COSTUMER

BEST

ANDRES RUESGA

invoice

Ram Construction and
Fencing LLC.

DATE
9/26/22
Invoice #52

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK- CHANGE ORDERS CONCRECT POUR

-APPROX 7 YARDS OF CONCREC T WAS POURED AND FINISH AND COMPLIANCE WITH

ADA STANDERTS

-CONCTRACTOR PROVIDED FORMING -CONCRECT TRUCK - PLUS FINISH WORK

-NOTE PRICE INCLUDEDS MATERIALS AND LABOR

TOTAL $ 4,500

SCOPE OF WORK- HAND RAILS

-45’ LF OF HANDRAILS FOR ADA RAMPS

-HANDRAILS CUSTOME FABRICATED TO EACH RAMP AND INSTALLED

-HANDRAILS SAND BLASTED AND POWDER COATING FINISH

NOTE PRICE INCLUDEDS MATERIALS AND LABOR-INSTALLATION

TOTAL $7,750

BEST

ANDRES RUESGA

Supplemental Information for Requisition for material and suppplies for Deck and Flooring _ Serenity Homes Project
Vendors Composite Decking Vinyl Flooring
Home Depot $35.98 per board $1.99 sq. ft.

Lowes $41.56 per board (no availabilty) $2.19 sq. ft
Nichols Lumber $43.00 per board (no avilability) Not available Habitat for Humanity (ReStore) Not Available $2.08 sq.ft.

invoice

Ram Construction and
Fencing LLC.

DATE
8/2/22
INVOICE #33

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK – CONCRECT

-SET AND POURED CONCRECT 22 PC’S OF 4” WIDE X 6” HIGH GALV SADDLES -POURED CONCRECT ON 22 PC’S OF SAUNA TUBES FOR A TOTAL OF 3 YARDS

TOTAL DUE- $2,400

BEST

ANDRES RUESGA

Independence Solutions Inc., DBA Amramp - Los
Angeles
1619 W 134th St
Gardena, CA 90249
+1 3106179884
[email protected]
www.amramp.com
Invoice

BILL TO
Bernardo Navarrete
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706

SHIP TO
Bernardo Navarrete
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED
3392322BB2 09/30/2022 $12,072.11 09/30/2022 Due on receipt

SHIP DATE
09/23/2022

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Ramp System bundle 36" wide, 32' long ramp with Three
5 by 5 platforms and bottom
transition plate, legs and handrails.
1 8,581.84 8,581.84
Labor - Sales Prep time, Travel time (2 installers ) 1 460.00 460.00 Labor - Sales Installation (2 installers) 1.4816054 1,495.00 2,215.00 From Estimate #1079 SUBTOTAL 11,256.84
TAX 815.27
TOTAL 12,072.11
BALANCE DUE $12,072.11
Independence Solutions Inc., DBA Amramp - Los
Angeles
1619 W 134th St
Gardena, CA 90249
+1 3106179884
[email protected]
www.amramp.com
Invoice

BILL TO
Bernardo Navarrete
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706

SHIP TO
Bernardo Navarrete
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED
3392322BB 09/30/2022 $3,654.68 09/30/2022 Due on receipt

SHIP DATE
09/23/2022

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Ramp System bundle Provide and install TWO ramps that
will include a 6' ramp section with a
top and bottom transition plate,
(ramps will be 36" wide and will
total 8' in length).
1 2,553.64 2,553.64
Labor - Sales Warehouse Time 1 120.00 120.00
Labor - Sales Travel Time 1 278.44 278.44
Labor - Sales Installation Time 2 230.00 460.00
SUBTOTAL 3,412.08
TAX 242.60
TOTAL 3,654.68
BALANCE DUE $3,654.68

INVOICE

Ram Construction and
Fencing LLC.

DATE
9/6/22
INVOICE #48

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

PAHSE 1-SCOPE OF WORK-CONCRECT -ADA

-THE FOLLOWING 5 ACCESS AREAS WILL BE GETTING POURED WITH NEW CONCRECT

FOR ADA ACCESS

-3 ENTRANCE ’S APPROX 5’ WIDE X 30’ LF
-1 AREA APPROX 7’X7’ SQ PAD
-1 AREA APPROX 5’ X 20’ SQ PAD
-WILL BE PROVIDING ALL FINISH WORK

-10 YARDS OF CONCRECT POURED AND FINISHED
-1 CONCRECT PUMP WITH 50’ LF OF CONCRECT HOSE

TOTAL $12,924

NOTE-ALL PRICES ARE APROOX BASED ON INFORMATION PROVIDED BY COSTUMER

BEST

Superior Pavement Markings, Inc.
5312 Cypress St
Cypress, Ca 90630
Phone 714.995.9100
Fax 714.995.9400
[email protected]
License# 776306 Exp 8/31/23
Union Local 1184
DIR # 1000001476 Exp 6/30/23 Itemized Invoice #15980
Page
1 of 1
City of Baldwin Park
13135 East Garvey Ave
Baldwin Park, Ca 91706
Anthony Vazquez
Office 626-960-3993
Fax 626-337-1753
[email protected]
Tiny Home Project 2.0
Baldwin Park
Customer: Contact: Job Site
Paint Pavement Design Per Sheet A-1.2
Solid Orange Paint $3.55- 5000 $0.00 $0.00
Solid Light Green Paint $3.55- 3500 $0.00 $0.00
Solid Aqua Blue Paint $3.55- 800 $0.00 $0.00
Paint Pavement Design Per Sheet A-1.2 (City To Provide
Paint)Solid Orange Paint (Labor Only) $2.48- 5000 $0.00 $0.00 Solid Light Green Paint (Labor Only) $2.48- 3500 $0.00 $0.00 Solid Aqua Blue Paint (Labor Only) $2.48- 800 $0.00 $0.00 Solid Orange Paint (Labor Only) $2.48 2705 $6,708.402705 2705 $6,708.40 Solid Light Green Paint (Labor Only) $2.48 2595 $6,435.602595 2595 $6,435.60 Solid Aqua Blue Paint (Labor Only) $2.48 800 $1,984.00800 800 $1,984.00 # Description
Contract
Qty
Amount
this
Invoice
Qty
this
Invoice
Qty
previous
Invoiced
Total
Qty
to Date
Total
Amount
to Date
Contract
Price
Job# 8850
Date: 9/29/22
Project Manager Raul Guzman
Purchase Order#
$15,128.00SubtotalFor the period Through 9/17/22
Less Retention
$15,128.00
Previous Billings
Amount Due $15,128.00

PURCHASE ORDER
11/14/2022
ISSUED TO:

Date:

Vendor #: 04878

HOME DEPOT
Attn: DEPT 32-2504023270
PO BOX 78047
PHOENIX, AZ 85062-8047
SHIP TO: PUBLIC WORKS
Attn:PUBLIC WORKS

CITY OF BALDWIN PARK
14403 E PACIFIC AV 2ND FLOOR
BALDWIN PARK, CA 91706
PO02741PO Number:

Requisition #: REQ02787
14403 E. Pacific Avenue
Baldwin Park, CA 91706
PH: (626) 960-4011
FAX: (626) 962-2625

CITY OF BALDWIN PARK
UNITS DESCRIPTION AMOUNTGL ACCT #ITEM PRICEPROJ ACCT #
1 0
da9322a0-6ac7-4633-bbce-af4d0107c39f

MATERIALS & SUPPLIES TO BUILD A DECK AND
da9322a0-6ac7-4633-bbce-af4d0107c39fFLOORING FOR 16 HOUSING UNITS, CIP22-043 270-50-520-58100-55023 12,850.000.00
da9322a0-6ac7-4633-bbce-af4d0107c39fda9322a0-6ac7-4633-bbce-af4d0107c39f 12,850.00TOTAL
SUBTOTAL:

0.00 12,850.00
SHIPPING:

Authorized by:

1. 2.

3. 4.

5. 6.

7. 8.

Original invoice with remittance slip must be sent to: City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706.

C.O.D. shipment will not be accepted.

Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment.

All goods are to be shipped F.O.B. Destination unless otherwise stated.

All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City.

All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations.

Vendor or manufacturer bears risk of loss or damage until property received and/or installed.

Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer.

TOTAL TAX: 0.00
Accounts Payable (626)813-5210 FAX (626) 962-2625
Authorized for Payment: Date:

Date:
11/14/2022

INVOICE

Ram Construction and
Fencing LLC.

DATE
9/1/22
INVOICE #44

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK –BEAM INSTALLATION INSIDE GARAGE

-THE FOLLOWING WORK WILL BE PERFOMED

-A HEADER BEAM WILL BE INSTALLED INSIDE EXISTIGN GARAGE

-APPROX 20’ LF ACROSS THE GARAGE DOOR FOR NEDDED SUPPORT

-HEADER BEAM SPECS REQ 4”X8” DOUGLAS

-NOTE- PRICE INCLUDEDS MATERIALS AND LABOR

TOTAL $3,150

INVOICE

Ram Construction and
Fencing LLC.

DATE
9/1/22
INVOICE #45

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK –GARAGE WALL BRACING

-THE FOLLOWING WORK WILL BE PERFORMED

-CUT EXISTING DRY WALL AND BRACE EXSITNG DAMAGE WALL

-WALL WILL BE ACHORED AND SECURED

-AFTER RE BRACING WALL WE WILL RE PACTH AND FINISH DRY WALL TO A SMOOTH FINISH

-NOTE- PRICE WILL INCLUDE MATERIALS AND LABOR

TOTAL $2,900

invoice

Ram Construction and
Fencing LLC.

DATE
8/17/22
INVOICE #33

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK-PATIO DECK

-WORK WILL CONSIT OF INSTALLION OF PATIO DECK APROX 16’ WIDE X 70’ LENGTH -STRUCTUAL FRAMING & DECKING MATERIALS WILL CONSITE OF THE FOLLOWING

MATERIALS PROVIDED BY CUSTOMER

PHASE 1-STRUCTUAL FRAMING LABOR

-POST 4”X4”X 4’- 21 PC’S
-BEAM SADDLE 4”X8”X12”-21 PCS
-BEAM FRAME SPECS 4”X8”X12’-PC’S 21
-JOIST SPECS 2”X6”X 10’-PC’S 180
-JOIST BRACKETS 2”X6”- PC’S 720
-MISCELLANEOUS MATERIALS
-3 LOCATIONS OF STPEPS FOR ACCESS APPROX 10’WIDE X 4’ HEIGHT – APPROX 4 /HEIGHTS/STEPS PER ENRTY
-NAILS -SCREWS – LAG BOLTS –
-FRAME PLANTERS/ SITTING BENCH

PHASE 2- TREX DECK LABOR INSTALLATION

-2” X 6” X 16’ TREX DECK WOOD TEXTURE FINISH PC’S 170 – COLOR DETERMINE BY

CUSTOMER
-DECK BRACKETS APPROX 1000 PC’S NEEDED
-WOOD SCREWS
-3/4 MAN CREW
-TIME TO COMPLETED PROJECT 3-4 WEEKS

(NOTE)-ALL FRAMING AND DECKING MATERIALS WILL PROVIDED BY CUSTOMER

(NOTE) CONTRACTOR WILL PROVIDE LABOR AND EQUIPENT/TOOLS

(NOTE) ANY ADDITIONAL WORK NOT MENTION ON THIS PROPOSAL WILL BE A CHANGE ORDER – & BILLED AS “TIME AND MATERIALS”

(NOTE) “TIME AND MATERIALS”- PRICE WOULD VERY DEPENDING ON WHAT WORK WILL BE NEEDED TO BE COMPLETED.

TOTAL $20,500
DEPOSITE -$10,250 REQ- 8/2/22 PAID

BALANCE -$10,250 BALANCE 9/24/22

BEST

ANDRES RUESGA

invoice

Ram Construction and
Fencing LLC.

DATE
8/2/22
INVOICE #33

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK – CONCRECT

-SET AND POURED CONCRECT 22 PC’S OF 4” WIDE X 6” HIGH GALV SADDLES -POURED CONCRECT ON 22 PC’S OF SAUNA TUBES FOR A TOTAL OF 3 YARDS

TOTAL DUE- $2,400

BEST

ANDRES RUESGA

invoice

Ram Construction and
Fencing LLC.

DATE
8/18/22
Invoice #50

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK – ADDING JOIST TO DECKING

-ADD 2”X6” JOIST TO EXSITNG WOOD DECK IN BETWEEN THE 24” OPENING FOR EXTRA

NEDDED SUPPORT FOR TREX DECKING

-NEW JOIST WILL BE SET @ EVERY 12” CENTER

-A APPROX OFF 2-3 DAYS OF LABOR – APPROX 48 hours

-2” X 6” JOIST WILL BE NAILED AND SECURED

TOTAL $1,600

BEST

Invoice
Date
7/15/2022
Invoice #
5411
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

AUTOMATION SOLUTIONS, INC
5277 N. VINCENT STREET #45
IRWINDALE, CA 91706
PH 626.812.4488 FX 626.812.7799
P.O. No. Terms
Due on receipt
Project
Total
DescriptionQuantity Rate Amount
50% LABOR -DOWN PAYMENT PER QUOTE #070120221 10,012.50 10,012.50 50% MATERIALS- DOWN PAYMENT PER QUOTE #070120221 9,354.50 9,354.50T Sales Tax 9.50% 888.68
$20,255.68
Invoice
Date
9/22/2022
Invoice #
5456
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

AUTOMATION SOLUTIONS, INC
5277 N. VINCENT STREET #45
IRWINDALE, CA 91706
PH 626.812.4488 FX 626.812.7799
P.O. No. Terms
Due on receipt
Project
Total
DescriptionQuantity Rate Amount
50% LABOR -FOR TINY HOMES 2.0 FINAL PAYMENT PER QUOTE #070120221 10,012.50 10,012.50 50% MATERIAL-FOR TINY HOMES 2.0 FINAL PAYMENT PER QUOTE #07012022
1 9,354.49 9,354.49T
Sales Tax 9.50% 888.68
$20,255.67
Invoice
Date
9/23/2022
Invoice #
5459
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

1.CLEAN UP EXISTING ELECTRICAL IN OFFICE.

2.ROUGH IN ONE CIRCUIT FOR LIGHTING AND TWO 120V AC, 20 AMP CIRCUITS TO POWER RECEPTACLES.

3.ONCE THE OFFICE IS FINISHED, ASI ELECTRICIANS WILL INSTALL RECESSED LIGHTS PROVIDED BY CUSTOMER.

4.ASI WILL SUPPL Y DECORA RECEPTACLES, ONE LIGHT SWITCH, AND FACE PLATES.

TOTAL JOB COST: $3,000.00
PROJECT#2: INSTALL ONE 100 AMP, 120/240 VAC SUB PANEL IN ROOM BEHIND THE METER MAIN PANEL (LABOR ONLY).

SCOPE OF WORK:

1.INSTALL ONE TWO POLE 100 AMP BREAKER IN METER MAIN PANEL.

2.CITY OF BALDWIN PARK PERSONEL WILL TRENCH FROM THE METER

MAIN TO THE ROOM BEHIND THE METER MAIN AND COVER UP WHEN WORK IS COMPLETED BY ASI.

3.ASI WILL INSTALL I” CONDUIT FROM THE METER MAIN PANEL TO THE ROOM BEHIND THE METER MAIN PANEL.

4.PENETRA TE THE WALL AND INSTALL A 100 AMP SUB PANEL INSIDE THE ROOM.

5.INSTALL TWO 120 V AC, 20 AMP CIRCUITS TO POWER AN ONE INDUSTRIAL REFRIGERATOR AND ONE FOOD WARMER.

TOTAL JOB COST: $3,300.00 (PRICE IF ASI TRENCHES AND BACK FILLS) 1 6,300.00 6,300.00
Sales Tax 9.50% 0.00
$6,300.00
Invoice
Date
9/25/2022
Invoice #
5457
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

AUTOMATION SOLUTIONS, INC
5277 N. VINCENT STREET #45
IRWINDALE, CA 91706
PH 626.812.4488 FX 626.812.7799
P.O. No. Terms
Due on receipt
Project
Total
DescriptionQuantity Rate Amount
ADDITIONAL WORK TINY HOMES 2.0 PROJECT: INSTALL ONE 120VAC, 20 AMP, CIRCUIT TO POWER LANDSCAPE LIGHTING TRANSFORMER. REPAIR TWO 3/4" PVC CONDUITS DAMAGED DURING TRENCHING. INSTALL CONDUIT AND WIRE TO POWER A NEW GATE OPENER. RE-WIRE TWO TINY HOMES AFTER THEY WERE MOVED.
1 1,000.00 1,000.00
20 AMP SQUARE"D" BREAKER1 125.00 125.00T
LANDSCAPE LIGHTING1 950.00 950.00T
BOX SIX CANLESS LIGHTS1 255.00 255.00T
500' THHN ROLLS OF WIRE3 120.00 360.00T
LINE SET SHEET METAL COVERS3 199.00 597.00T
Sales Tax 9.50% 217.27
$3,504.27
Invoice
Date
10/6/2022
Invoice #
5472
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

AUTOMATION SOLUTIONS, INC
5277 N. VINCENT STREET #45
IRWINDALE, CA 91706
PH 626.812.4488 FX 626.812.7799
P.O. No. Terms
Due on receipt
Project
Total
DescriptionQuantity Rate Amount
10-05-22, ELECTRICIAN I- TWO ELECTRICIANS TO INSTALL ONE 129 VAC CIRCUIT, ONE FLAT SCREEN TV KIT, AND ONE CAT 6 ETHERNET LINE FOR A NEW FLAT SCREEN TV AT TINY HOMES 2.0
5 92.50 462.50
ELECTRICIAN II5 85.00 425.00
FLAT SCREEN TV KIT1 29.98 29.98T
50FT CAT61 38.00 38.00T
50FT ROMEX1 79.00 79.00T
20 AMP CIRCUIT BREAKER1 15.99 15.99T
Sales Tax 9.50% 15.48
$1,065.95
Invoice
Date
9/22/2022
Invoice #
5455
Bill To

CITY OF BALDWIN PARK
14403 PACIFIC AVE.

BALDWIN PARK, CA 91706
PH:626-960-3993 EXT.518
ASI

AUTOMATION SOLUTIONS, INC
5277 N. VINCENT STREET #45
IRWINDALE, CA 91706
PH 626.812.4488 FX 626.812.7799
P.O. No.

PO02660
Terms
Due on receipt
Project
Total
DescriptionQuantity Rate Amount
09-22-22, LABOR TO INSTALL ONE 1.5 TON MINI SPLIT HEAT PUMP IN UNIT MEASURING 31’X21’X10’ CEILING. INSTALL ONE 1 TON MINI SPIT HEAT PUMP IN UNIT MEASURING 16’X16’X8’ CEILING. INSTALL POWER TO TWO MINISPLIT CONDENSERS. INSTALL EVAPORATORS IN UNITS.CONNECT CONTROL POWER FROM THE CONDENSERS TO THE EVAPORATORS.

POWER UP AND VERIFY OPERATION. PER QUOTE#08015022.
1 3,200.00 3,200.00
MATERIAL COST PER QUOTE #080150221 3,500.00 3,500.00T
Sales Tax 9.50% 332.50
$7,032.50

1 / 5
Description Quantity Rate Amount
Fabricate ADA emergency gate with push panic bar at front fence line 1 $4,010.00 $4,010.00 8' high wrought iron fencing front of new deck to house wall 1 $5,224.00 $5,224.00 Fabricate ADA emergency gate with push panic bar installed into wroght iron fence on new deck 1 $4,010.00 $4,010.00 labor to remove all existing razor wire 1 $2,770.00 $2,770.00 Fence between homes and facilities with 5' chain link fence. Supply (2) access gates locations TBD by customer 1 $4,988.00 $4,988.00 540 sf
Artificial boxwood hedge mat to cover existing back wall chain link fencing (labor and material) See photos below
1 $2,198.00 $2,198.00
Subtotal $23,200.00
Shipping $0.00
T otal $23,200.00
PAID $0.00
Balance Due $23,200.00
Invoice
Invoice No: 961
Date: 07/22/2022
T erms: NET 0
Due Date: 07/22/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2.0 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 1
Description Quantity Rate Amount
fabricate trash enclosure approx 8'x14' heavy duty 9 gauge 6' chain link with 99% privacy slats 1 $4,200.00 $4,200.00 fabricate (2) 4'x 6' heavy duty 9 gauge chain link gates with 98% black privacy slats includes drop post and locking mechanism with keys
2 $890.00 $1,780.00
Subtotal $5,980.00
Shipping $0.00
T otal $5,980.00
PAID $0.00
Balance Due $5,980.00
Notes
We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc.

PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS!
Invoice
Invoice No: 976
Date: 09/18/2022
T erms: NET 0
Due Date: 09/18/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2.0 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 1
Description Quantity Rate Amount
Demo front wrought iron fence, smooth out old square stock holes and fill in with concrete Fabricate (5) new posts weld on mounting plates
And C channel to to post for wood slats red head posts to existing concrete footing, attach (6) pieces of expanded metal to attach Decor panels, Install customer supplied wood in a wave pattern 1 $7,560.00 $7,560.00
Subtotal $7,560.00
Shipping $0.00
T otal $7,560.00
PAID $0.00
Balance Due $7,560.00
Notes
We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc.

PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS!
Invoice
Invoice No: 975
Date: 09/18/2022
T erms: NET 0
Due Date: 09/18/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2.0 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 1
1692 new york dr Altadena, CA 91001
[email protected]
(626)4190683
Description Quantity Rate Amount
Trenchless bore
Horizontally more snow route For trenchless sewer installation 1 $1,625.00 $1,625.00
Pipe burst
Pipe burst sewer lateral from mobile restroom and showers to pre-existing clay lateral 1 $13,250.00 $13,250.00
Potable water service
Run Water service line from existing building to mobile showers and restrooms 1 $4,275.00 $4,275.00
Payment Instructions
Deposit made $10,341.

Balance due $10,341
Subtotal $19,150.00
TAX 8% $1,532.00
Total $20,682.00
Paid $0.00
BALANCE DUE $20,682.00
Deposit due 08/31/2022 $10,341.00

SEWER PROS Invoice
Invoice No: 13
Date: 08/31/2022
Terms: NET 0
Due Date: 08/31/2022
Bill To: City of Baldwin ark
[email protected]
(626) 960-4011
Pay Now
Bill To:

Ship To:

CITY OF BALDWIN PARK
Henry Chao
14403

EAST PACIFIC AVE

BALDWIN PARK, CA
91706
Multiple Sites - Please See Site Detail Section
Invoice Summary
Tiny Homes - Verkada
Summary
Original Total
Deposit
Current Due
Product (Software & Hardware)
$15,143.20
$0.00
$15,143.20
Professional Services
$5,031.00
$0.00
$5,031.00
Subtotal
$20,174.20
$0.00
$20,174.20
Actual Tax
$1,146.52
$0.00
$1,146.52
Actual Freight
$0.00
$0.00
$0.00
Total
$21,320.72
$0.00
$21,320.72
Customer:

CITY OF BALDWIN PARK
Primary Contact:

Henry Chao
National Account Manager:

David Ngo (SLED)
Email:
[email protected]
Email:
[email protected]
Phone:
626-960-4011
Phone:

Opportunity Number:

OP-000694850, OP-000713501
Solution Number:

SO-000775823, SO-000797757
Interested in Extended Terms? Please Contact:

[email protected]
For Questions on this Invoice Please Contact:

[email protected]
Remit To:

ConvergeOne, Inc.

NW
5806
PO Box
1450
Minneapolis, MN
55485-5806
888-321-6227
Page:

Invoice Number:

Invoice Date:

Payment Terms:

Customer PO:

Customer ID:
1 of
3 IHWIP
908283
M
11/9/2022
Net
30 PO
02571

AAACITBAL
0001

Invoice Detail
Tiny Homes - Verkada
Ship Method:

Partial Billing Allowed:

No
Project Number:
33579
Billing Method:

Milestone
Line #
Item Number
Description
Qty
Unit Price
Ext Price
1 ACC-MNT-9
POLE MOUNT, 2ND GENERATION
8 $174.30
$1,394.40
2 CB51-60E-HW
OUTDOOR BULLET CAMERA, 60 DAYS
8 $1,259.30
$10,074.40
3 CPC3312-03F003
GigaSPEED XL GS8E Patch Cord - Cat 6 - 3 ft -
Gray
8 $6.00
$48.00
4 LIC-3Y - 3YR

LICENSE
8 $384.30
$3,074.40
5 Professional Services
Professional Services
1 $5,031.00
$5,031.00
6 UN884017214/10
CS34R ETL Verified Category 6 U/UTP Cable,
non-plenum, blue jacket, 4 pair count, 1000 ft
(305 m) le
2,000
$0.25
$500.00
7 UNJ600-BL
JACK
8 $6.50
$52.00
Subtotal
$20,174.20
Actual Tax
$1,146.52
Actual Freight
$0.00
Total
$21,320.72
Remit To:

ConvergeOne, Inc.

NW
5806
PO Box
1450
Minneapolis, MN
55485-5806
888-321-6227
Page:

Invoice Number:

Invoice Date:

Payment Terms:

Customer PO:

Customer ID:
2 of
3 IHWIP
908283
M
11/9/2022
Net
30 PO
02571

AAACITBAL
0001

Site Detail
Tiny Homes - Verkada
Site Code
Customer Name
Ship To Address
SHIP1

CITY OF BALDWIN PARK
14403 EAST PACIFIC AVE, BALDWIN PARK, CA 91706
SHIP1

CITY OF BALDWIN PARK
14403 EAST PACIFIC AVE, BALDWIN PARK, California 91706
Remit To:

ConvergeOne, Inc.

NW
5806
PO Box
1450
Minneapolis, MN
55485-5806
888-321-6227
Page:

Invoice Number:

Invoice Date:

Payment Terms:

Customer PO:

Customer ID:
3 of
3 IHWIP
908283
M
11/9/2022
Net
30 PO
02571

AAACITBAL
0001

California Home/Commercial Improvement Contract - Change Order Form Contractor Name:

Address:

Name of Salesperson:

Client: and Contractor agree that the contract dated:
is incorporated by reference in its entirely into this California Home/Commercial Improvement Change Order and is changed as described below. Description of the change and description of the significant materials to be used and equipment to be installed under this change.

Initial Contract Price: $6,850.00
Down Payment: (-) - $0.00
Change of order: (+/-) + $450.00
New Balance: =$7,300.00

This change adds the following amount to the Contract Price:

This change reduces the Contract Price by the following amount:

Finance charge (if any) that results from this change:

Effect this order will have on the Schedule of Progress Payments:

Payments due under this agreement are hereby adjusted to reflect this change in the Contract Price.

Payment for this change shall become due on:

Completion date of work under this agreement, including this Change Order, is adjusted to:

Note about Extra Work and Change Orders Extra work and change orders become part of the contract once the order is prepared in writing and signed by the parties prior to commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will ha ve on the schedule of progress payments. You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.

Client Signature Date:

Contractor's Signature Date:

Edgar Morales License Number: 1022222
1323 W Covina Parkway Suite A City: West Covina State: CA ZIP: 91790 Edgar M. Registration Number: N/A
Anthony Vasquez- City of Baldwin Park 09/07/2022

• Paint all block 2” x 8” wood eaves to match the dark (black color)- $450

$450.00
N/A
N/A
N/A
Project is completed
When project is completed

1 / 1
Description Quantity Rate Amount
Roll Door
*removal of existing door,motor& operating track
*installation of new full view frosted glass sectional door *Installation of new chain drive motor
*Installation of new infa red motion sensors
*Program 3 remotes
*Lubricate all points of friction
*Haul away old door
1 $12,660.00 $12,660.00
Subtotal $12,660.00
Shipping $0.00
T otal $12,660.00
PAID $0.00
Balance Due $12,660.00
Notes
We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc.

PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS!
Invoice
Invoice No: 959
Date: 07/21/2022
T erms: NET 0
Due Date: 07/21/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 1
Description Quantity Rate Amount
Install 15 ac units in tiny homes
Fix Ada ramp
Adjust doors on 2 tiny homes
Install fascia boards all 15 units
Install flooring on double unit
1 $5,750.00 $5,750.00
Subtotal $5,750.00
Shipping $0.00
T otal $5,750.00
PAID $0.00
Balance Due $5,750.00
Notes
We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc.

PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS!
Invoice
Invoice No: 973
Date: 09/17/2022
T erms: NET 0
Due Date: 09/17/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2.0 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 1
Description Quantity Rate Amount
1) Bolt down Ada ramp to asphalt on restroom trlr
2) Attach Ada ramps to Ada tiny homes
3)T exture coat all walls and ceiling of office
4) Paint all walls and ceiling of office
5) Install crown molding 4 walls of office
6) Remove old 2x4 on garage wall and rip down to size for drywall fitment 7) Drywall approx. 8'x 10' area mud and tape ready to paint 8) Drywall 2'x 2' hole in garage ceiling mud and tape ready for paint 9) add skirt molding to bottom on last tiny home
10) install ac unit in last tiny home
1 day $5,875.00 $5,875.00
Subtotal $5,875.00
Shipping $0.00
T otal $5,875.00
PAID $0.00
Balance Due $5,875.00
Notes
We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc.

PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS!
Invoice
Invoice No: 982
Date: 10/05/2022
T erms: NET 0
Due Date: 10/05/2022
Bill T o: City Of Baldwin Park
[email protected]
4100 Baldwin Park Blvd
Baldwin Park Calif. 91706
Ship T o: TINY HOMES 2.0 Tracking No
Ship Via
FOB
Greg Ruvolo
15021 Lashburn St
Whittier Ca 90604
562-824-7725

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invoice

Ram Construction and
Fencing LLC.

DATE
8/31/22
Invoice #43

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

PURCHASE ORDER BILL

-PURCHASE OF 2 ENTRY DOORS

-DOORS WERE PICK UP AND DELIVERED TO JOB SITE

-PRICE PER DOOR $700
-2 DOORS PURCHASED AND DELIVERED
-TOTAL $1,400

SCOPE OF WORK- DOOR INSTALLATION

-THE FOLLOWING WORK WILL BE PERFOMED

-INSTALLATION OF 2 DOORS

-ONE WALL WILL BE CUT TO NEW DOOR SIZE AND INSTALL

-WALL WILL BE PACTH AND FINISHED AFTER DOOR INSTALLATION

-SECOND DOOR WILL BE REMOVED AND REPLACED

NOTE-PRICE INCLUDEDS MATERIALS AND LABOR

TOTAL $4,550

BEST

ANDRES RUESGA

invoice

Ram Construction and
Fencing LLC.

DATE
9/12/22
Invoice #50

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK – SLIDDING DOORS

-INSTALLATION OF 2 SLIDDING DOORS

-ONE SLIDDING DOOR WILL BE INSTALLED INSIDE STORAGE ROOM TO EXISTING GARAGE

-SECOND SLIDDING DOOR WILL BE INSTALLED INSIDE EXISTING GARAGE TO GARAGE

-NOTE- PRICE INCLUDEDS DEMO AND THROWN AWAY IN CONTAINER PROVIDED BY CITY

TOTAL $3,500

BEST

ANDRES RUESGA

INVOICE

Ram Construction and
Fencing LLC.

DATE
9/6/22
INVOICE #49

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK –DEMO PHASE 1-EXTERIOR DEMO

-THE FOLLOWING BACK STORAGE ROOM/ LAUNDRY ROOM WILL BE DEMOED

-LAUNDRY ROOM AND STORAGE ROOM

-ROOF AND WALLS WOULD ALL BE DEMOED AND THROWN AWAY IN CONTAINER

PROVIDED BY CITY

SCOPE OF WORK-DEMO PHASE 2-INTERIOR DEMO

-THE FOLLOWING CABINETS -WALLS-CLOSET-FLOOR WILL BE ALL DEMOED AND THROWN

AWAY IN CONTAINER PROVIDED BY CITY

-BASICALLY COMPLETELY LEAVE INTERIOR ROOM BACK TO JUST A STORAGE ROOM

-WITH ADDING TILE AND FINISH WORK PLUG/CAP GAS LINES AND WATER ETC.

TOTAL $11,070

-NOTE- PRICE INCLUDEDS DEMO AND THROWN AWAY IN CONTAINER PROVIDED BY CITY.

BEST

ANDRES RUESGA

invoice

Ram Construction and
Fencing LLC.

DATE
9/26/22
Invoice #52

Phone (626) 494-3289
[email protected]

LIC # 1005656

CITY OF BALDWIN PARK
13167 GARVEY AVE.

BALDWIN PARK CA

SCOPE OF WORK- CHANGE ORDERS CONCRECT POUR

-APPROX 7 YARDS OF CONCREC T WAS POURED AND FINISH AND COMPLIANCE WITH

ADA STANDERTS

-CONCTRACTOR PROVIDED FORMING -CONCRECT TRUCK - PLUS FINISH WORK

-NOTE PRICE INCLUDEDS MATERIALS AND LABOR

TOTAL $ 4,500

SCOPE OF WORK- HAND RAILS

-45’ LF OF HANDRAILS FOR ADA RAMPS

-HANDRAILS CUSTOME FABRICATED TO EACH RAMP AND INSTALLED

-HANDRAILS SAND BLASTED AND POWDER COATING FINISH

NOTE PRICE INCLUDEDS MATERIALS AND LABOR-INSTALLATION

TOTAL $7,750

BEST

ANDRES RUESGA

Invoice 1006
724 E Huntington Dr,
Monrovia, CA 91016
626‐387‐6899
sgvhabitat.org
Bill To: City of Baldwin Park Date: 9/28/2022
Public Works Department Due upon receipt
Attn: Sam Gutierrez
14403 Pacific Ave
Baldwin Park, CA 91706
Date Activity Qty Rate Hours Amount
9/16/2022 San Gabriel Valley Habitat for Humanity Services For the week of September 12 ‐ 16, 2022 2 $ 50.43 37.5 3,782.25$ 311.40$ Reimbursements (details attached) For supplies purchased at Home Depot
For bottled water purchased at CVS Pharmacy
For Ice purchased at Chevron
TOTAL DUE $ 4,093.65
Please remit payment via check payable to
"San Gabriel Valley Habitat for Humanity"
and mail it to the address listed above.

Thank you for your business.

Per agreement for the provision of Tiny Home
construction oversight services at 13167 Garvey Ave,
Baldwin Park, CA
1 / 2
1692 new york dr Altadena, CA 91001
[email protected]
(626)4190683
Description Quantity Rate Amount
Tiny homes 2.0 Steps
Build entry steps for tiny homes materials & labor included 12 $375.00 $4,500.00
Subtotal $4,500.00
Includes TAX 8% $333.33
Total $4,500.00
Paid $0.00
BALANCE DUE $4,500.00
SEWER PROS Invoice
Invoice No: 20
Date: 11/02/2022
Terms: NET 0
Due Date: 11/02/2022
Bill To: City of Baldwin ark
[email protected]
(626) 960-4011

SIGN A RAMA COVINA
% TLG Business Solutions, Inc
305 E Rowland St
Covina, CA, 91723-3152 USA
Phone: (626)-331-3368 Fax: (626)-384-2793
www.covinasigns.com
[email protected]
Phone: (626) 813-5245 Fax:

Maria Moreno
City of Baldwin Park
14403 E. Pacific
Baldwin Park, CA 91706- USA

SOLD TO
City of Baldwin Park
14403 E. Pacific
Baldwin Park, CA 91706- USA

SHIP TO
INVOICE 18126
Invoice Date
E-mail: [email protected] Job Name
Ext.
-
Estimate
Date
9/15/2022
Sales Rep
Admin
DescriptionQty Ordered Unit Price Extended Price
1 of 1
Estimate No
025703
PO DatePO NumberCust Id
CITYOFB001 50% Deposit req
Terms Code PageCompleted Ship Date
$2,056.68Custom Dimensional Letters
Router cut ½” thick white 7508 plex

UNPAINTED
Copy to read:

Serenity Homes @ 11.6” tall
13167 garvey avenue @ 5.7” tall
Plus 3 shapes with vinyl face
1 $2,056.68
Total Due Amount $2,267.49
Visit us on the web www.COVINASIGNS.com
Thank you for allowing Sign-A-Rama to assist you in your signage needs. Be sure to check out our website at www.covinasigns.com to see samples of the many types of signage and promotions we can assist you with in the future.

Net Due: $2,267.49
Payments: $0.00
OrderTotal: $2,267.49
Misc $0.00
Freight: $0.00
SalesTax: $210.81
NonTaxable: $0.00
Taxable: $2,056.68

GS20220829CB
08/29/2022
P.O. Number
Unit Price Amount
3,435.00 13740
1,750.00 7000

Total
Amount $20,740.00
Sales Tax $1,970.30
Shipping $2,995.00
Received
Amount
Amount
Due $25,705.30
For payments that are not received by the agreed upon date a monthly finance fee of 1.5% will be charged and added onto the balance. For more information, related to the terms and conditions of purchase of our Solar lighting solution please visit www.streetlights-solar.com/terms_and_conditions.html
3 SubTotal
SQ-00002513 SO-00000992
1 2
4 4
BR-1-290D-T5-30W-4K-350MA-A4-1-1B-H-1-
150-1-180W-P20-BK-5/40DIM
(Brighta/Porta30W Systems with 20' Poles)

PORTA BASE

INVOICE
23661 Birtcher Dr, Lake Forest, CA 92630 Invoice No:
t. 949-609-9636 f. 949-812-6690 Date:

Sold To Ship To
NET 30
No Quantity Description
City of Baldwin Park
13167 Garvey Ave

Baldwin Park, CA. 91706
City of Baldwin Park
13167 Garvey Ave

Baldwin Park, CA. 91706
Quote Number Greenshine Order
number Terms
Greenshine New Energy LLC , www.streetlights-solar.com
1 Project: Baldwin Park Tiny Home Village Manufacturer: Boss Cubez Date: 5/12/2022 Assembler: 3rd party
Invoice #: 220011
Building Type Cube144 (One Room) Cube288 (Two Room) Totals Sqft 144 sqft 288 sqft
Selling price $18,600 $46,500
# Buildings 12 2 14 Buildings
# Rooms 12 4 16 Rooms
Cubez Totals $223,200 $93,000 $316,200
Equipment/Accessories (Per Building)
Electrical Accessories $350 $700
AC/Heater (InWall) $995 $1,990
Equipment/Accessories Totals $16,140 $5,380
Floor Fabricated to Size $12,320
Total Product $239,340 $98,380 $350,040
Tax (9.5%) $33,254
Shipping $32,000
Total $415,294
Installation (optional) $3,500 per 8.5x17 $3,500 per 8.5x17 Installation N/A Grand Total $415,294
Deposit 50% $197,463
Progress 25% net 5 days of delivery $108,915
Progress 25% net 30 days $108,915
Uses Sleeping Cubez Sleeping Cubez
Services Living Living
Notes:
1 2
3 4
5 6
7 8
Construction Materials:
1 2
3 4
Exclusions:

Payment Terms:

Invoice
Baldwin Park Tiny Home Village
Cube144 with a Pent roof design 8.5'x17' with 1 room, 1 door, and 2 windows. Cube288 with a pent roof design (2) 8.5x17' with adjoining 2 rooms, 2 doors, and 4 windows. All above as per approved drawings and specs.

Site leveling/grading/prep, permitting costs, assembly of cubez (unless specified), leveling of Cubez, staking to ground, bringing electrical/utility connections to Cubez, electrical wiring in cubez and breaker box connections, furniture, on Site Telehandler required to unload Cubez from truck and anything not expressly included in the inclusions.

This purchase agreement is approved and made by_________________________________ (hereinafter “Customer”) and Boss Homes LLC (hereinafter “Supplier”) on the standard terms and conditions signed by the Customer.

Wall is 55mm PIR ISO wall profile with GI skins, FM fire rated walls Roof is 75mm PIR 13/100 profile with GI skins FM fire rated Cold Rolled Steel Structure
Production lead time estimated at 4 weeks from date of PO, down payment receipt and signed product design specs.

Shipping time estimated 10-12 wks.

Product delivered on pallets to job site; on site Telehandler to unload not included.

Electrical – each room comes with AFCI outlet, switch, junction box, interior lights, smoke detectors, exterior lights with chases ready for electrical wiring. Electrical chases run in walls, and conduit runs in foundation. Requires electrician to wire.

Cold Rolled steel Foundation. Foundation is 5” tall. Subfloors cement board.

Proposal based on layouts submitted. Design changes can be made and proposal adjusted if needed.

Includes unit design and structural engineering with CA structural engineer wet stamp. Meets Emergency Housing requirements.

Smoke detector w/ fire alarm interconnected wirelessly between rooms with 10 year sealed battery.

The plan is subject to receiving all local permits, licenses, and approvals.

Based on prices on Nov 11 2020 Price List for standard product with standard options. Customizations of windows, doors, colors, roofs, etc… may carry additional costs
Customer Authorized Signature
50% down payment upon purchase, 25% within 1 week of delivery date (allowing time for inspection) and 25% within 30 All Boss Homes LLC standard terms and conditions apply

Montondo Trailer LLC
1800 Broadway St. Unit 4 C
Buffalo, NY 14212
(716) 427-5526

BILL TO
Sam Gutierrez
City of Baldwin
14403 E. Pacific Avenue
Baldwin Park, CA 91706

SHIP TO
Sam Gutierrez
City of Baldwin
14403 E. Pacific Avenue
Baldwin Park, CA 91706
INVOICE # 1665
DATE 04/19/2022
DUE DATE 07/18/2022
TERMS 50% Deposit / 50%
previous to ship

ACTIVITY QTY RATE AMOUNT
2022 Specialty Trailer
5 Station Combination Trailer
1 110,000.00 110,000.00
2022 Specialty Trailer
6 Station Laundry with Restrooms
1 110,000.00 110,000.00

Montondo Trailer thanks you for your business SUBTOTAL 220,000.00 TAX 0.00
TOTAL 220,000.00
BALANCE DUE $220,000.00

STAFF REPORT
ITEM NO. ______6___________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Approve Plans and Specifications and Award of Bid for City Project No. CIP 21 -199 Traffic Signal Improvements at
Vineland and Merced Avenue

SUMMARY
This item will approve plans and specifications and authorize the award of a construction contract for the Traffic Signal Improvements at Vineland and Merced Avenue, in an amount of $504,388.00. This project is listed in the approved Fiscal Year 2021 -22 Capital Improvement Program (CIP 21 -199) budget. The project includes the modification of existing traffic signals at Merced Avenue and Vineland Avenue and consists of modifying the north -south left-turn phasing and east-west left-turn phasing at the intersection; upgrades to traffic signal hardware, including LED signal heads, lenses, back -plates with retroreflecti ve borders, conduit, wiring, signal controller, and cabinet. Additional improvements include ADA improvements, signing and striping, and cold mill and overlay of existing asphalt pavement within project limits.

RECOMMENDATION
It is recommended that the City Council

1. Approve project plans and specifications for City Project #CIP 21-199; and

2. Approve and award the contract to Elecnor Belco Electric, Inc., of Chino, CA in the amount of $504,388; and

3. Authorize the Director of Fin ance to appropriate Proposition C Fund # 245 in the amount of $58,000.00, Fund #251 in the amount of $65,000.00, and SB1 Fund #256 in the amount of $181,514; and

4. Authorize the Mayor and City Clerk to execute the contract for CIP 21 -199 Traffic Signal Improvements at Vineland and Merced Avenue.

FISCAL IMPACT
There is no impact to the General Fund. The following table lists the funds available. Additional appropriations from Street Lighting and Landscape, Proposition C, and SB1, will be necessary to meet total estimated project cost as shown below:

Estimated Construction Costs Amount
Construction Contract $ 504,388.00
Inspection and Construction Contingency $ 82,066.00
Total Construction Budget $ 586,454.00

Approved Funds Amount
CIP 21-199 HSIP Grant – Fund # 270-50-520-58100-55002 $ 281,940.00 Total Funding $281,940.00

Page 2 ends

Additional Requested Funds Amount
Proposition C – Fund # 245-50-520-58100-55002 $ 58,000.00 Street Lighting and Landscape – Fund # 251-50-520-58100-55002 $ 65,000.00 SB1- Fund # 256-50-520-58100-55002 $181,514.00
Total Funding $ 304,514.00

BACKGROUND
On February 21, 2018, the City Council adopted Resolution 2018-228 allowing the City to receive grant funds in the amount of $121,000 from the State of California Department of Transportation (Caltrans) for the preparation of a Systematic Safety Analysis Report Program (SSARP). The purpose of the study was as prioritize and identify safety projects to submit for future Highway Safety Improvement Program (HSIP) funding consideration. The entire roadway system within the City of Baldwin Park was analyzed and approximately nine (9) high -risk intersections and roadway segments were identified using the most current crash data sourced from the Baldwin Park Police and Public Works Departments.

On November 20, 2018, the Final SSARP Report was completed a nd on December 19, 2018, the SSARP was approved by the City Council. The Final SSARP identified the intersection of Vineland Avenue and Merced Avenue as a priority project. Subsequently, the City applied for funding for design and construction from the HSIP Program, Cycle 10.

On March 26, 2021, the Vineland Avenue and Merced Avenue Intersection Improvement Project, was selected and awarded. The traffic signal modification at Merced Avenue and Vineland Avenue project consists of modifying the existing traffic signal hardware to include a left turn signal phase along Merced Avenue onto Vineland Avenue.

DISCUSSION
On June 2, 2021, the City Council authorized the Public Works Director to execute an RFS proposal from Wildan Engineering for the design and preparation of construction documents for this project under the City of Baldwin Park’s current on-call consultant services agreement.

On May 12, 2022, the Construction Documents (Plans, Specifications, and Construction Estimate) were substantially completed. As part of HSIP Funding requirements, the City of Baldwin Park submitted a request for allocation of the grant funds for the construction phase of the project with Caltrans.

On September 7, 2022, the City Council adopted Resolution No. 2022 -052, authorizing the Public Works Director to execute a program supplement and Agency -State Agreement with Caltrans for the administering of state funded projects such as the Traffic Signal Improvements at Vineland Avenue and Merced Avenue.

On October 17, 2022, The Construction Documents were finalized and prepared for advertising. The project consisted of modifying the existi ng traffic signals to accommodate left turn phasing, including the removal and replacement of existing traffic signal equipment, signage, and striping. As part of the intersection improvements the project will also include some ADA improvements along the p ublic sidewalk and the cold mill and overlay of asphalt pavement affected within the project limits.

On October 19, 2022, a notice inviting bids was published for CIP 21 -199 on the San Gabriel Vall ey Tribune and uploaded to Planet Bids. On November 15, 20 22, a total of four bids were received,

Page 3 ends

opened, and publicly read. The bids were checked for errors, and were all determined to be valid. The following is a summary of the bids received:

No Contractor Location Total Bid Amount
1 Elecnor Belco Electric, Inc. Chino, CA $ 588,388.00
2 California Professional Engineering, Inc. La Puente, CA $ 595,621.00 3 PTM General Engineering Services, Inc. Riverside, CA $ 599,099.00 4 Palp, Inc. DBA Excel Paving Long Beach, CA $ 646,800.00

The lowest responsive and responsible bid was from Elecnor Belco Electric, Inc. of Chino, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract with Elecnor Belco Electric, Inc. for this project. If approved the work is anticipated to commence in February 2023.

ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all bids, and re-bid the project. This action is not recommended as re -bidding the project will delay the work and may result in increased costs.

2. Provide Staff with alternate direction.

CEQA REVIEW
The subject traffic signal improvements at the intersection of Vineland Avenue and Merced Avenue project is exempt from the California Environmental Quality Act (CEQA) pursuant to a class 1 (section 15201, existing facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The key consideration for a class 1 exemption is whether the project involves negligible or no expansion of an existing use.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Contract agreement with Elecnor Belco Electric, Inc.

SPC21-20 C-1
Section C CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT
FOR

PROJECT NO. CIP 21-199 – Traffic Signal Modification at Merced Avenue and Vineland Avenue

THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2022 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and (herein "Contractor"). The parties hereto agree as follows:

R E C I T A L S

A. The City requires removal and installation of signal poles , pedestrian heads, pedestrian push buttons, luminaires, street name signs, controllers, wiring, signing, striping, red curb, traffic control and miscellaneous appurtenant work. Contractor has represented to the City that Contractor is qualified to perform said services and has submitted a proposal to the Ci ty for the same.

B. The City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is a cknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class w ork and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of 21st
December
Elecnor Belco Electric, Inc
SPC21-20 C-2
the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levi ed, assessed or imposed against City hereunder.

Contractor shall be responsible for all sub-contractors' compliance with this Section.

1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investiga ted and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor disc over any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other comp onents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub- contractors to comply with the provisions of this agreement.

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty -five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor s hall not be entitled to additional compensation therefor.

1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through C” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through C” and any other provisions of this Agreement, the provisions of Exhibit “A through C” shall govern.

The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of _____________________________________________________($____________________) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.

3.3 Force Majeure – The time period(s) specified in the Sche dule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

Five hundred and four thousand three hundred and eighty eight 504,388.00
SPC21-20 C-4

3.4 Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer.

4. COORDINATION OF WORK

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the te rm of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City require d hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment – The experi ence, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in conce rt of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shal l be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, sub- contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to Cit y a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shal l not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

Elecnor Belco Electric, Inc
14320 Albers Way. Chino, CA 91710
John Wong
SPC21-20 C-5

4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown ph ysical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.

c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any p art of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisf actory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

SPC21-20 C-6

Coverage (Check if applicable)

Minimum Limits

(X)
Comprehensive General Liability
Insurance (including premises and
operations)
$1,000,000 per occurrence combined single
limit

( )
Contractual Liability Insurance
Products Liability Insurance
$1,000,000 limit

(X)
Comprehensive Automobile Liability
Insurance (includes owned, non -
owned, and hired automobile hazard
$1,000,000 per occurrence combined single
limit
( )
Professional Liability Insurance
(providing for a one- year discovery
period)
$1,000,000 limit

(X)
Workers'
Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per occurrence

CONDITIONS:

In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted doing business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canc eled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the Ci ty of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys , and volunteers shall be named as additional named insureds.

Prior to comme ncement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be sign ed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the e xtent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

SPC21-20 C-7

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement.

Each contract between the Contractor and any sub -contractor shall require the sub - contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.

a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith.

b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.

c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.

d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, action s, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

SPC21-20 C-8

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.

5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or serv ices to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the r equest and expense of the successful bidder.

6. RECORDS AND REPORTS

6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly co ncerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estim ated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records – Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

SPC21-20 C-9

6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Cont ract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. ENFORCEMENT OF AGREEMENT

7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to perform ance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Disputes – In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and dil igently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waive r of any party's right to take legal action in the event that the dispute is not cured.

7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shal l pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall no t affect Contractor’s obligations hereunder.

7.4 Waiver – No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any SPC21-20 C-10
subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights an d remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages – Since actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the Provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in th e scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to c ompletion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mi tigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest – The Contractor warrants that it has no t paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

SPC21-20 C-11

8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons clai ming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: City Engineer

To Contractor:

9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and underst andings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Hiring of Undocumented Workers Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be Elecnor Belco Electric, Inc
14320 Albers Way. Chino, CA 91710
John Wong
SPC21-20 C-12
made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)

9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease al l further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of terminatio n Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provision s of this paragraph are a substantive part of the consideration for this Agreement

SPC21-20 C-13
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By: (Print Name)
(Print Name)

Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal corporation

By:

Emmanuel J. Estrada, MAYOR

ATTEST: APPROVED AS TO FORM:

By:

City Clerk City Attorney

STAFF REPORT
ITEM NO. ________7_________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Appropriation of Funds for Professional Services Supporting Street Maintenance Operations

SUMMARY
This item seeks City Council approval of an appropriation of funds for professional services supporting maintenance and operations of the street maintenance division within the Public Works Department.

The approved funds in the City ’s FY2022-23 Operations Budget are quickly being exhausted and are expected to be insufficient to perform essential services and properly maintain City infrastructure through the end of the current fiscal year. These services include power washing sidewalk s along the City’s downtown, sweeping services for various parking lots, cleaning of solar photovoltaic panels, routine maintenance of clarifiers at the City Yard, and emergency response services for spills and/or sewer overflows to protect storm drains and waterways.

RECOMMENDATION
It is recommended that the City Council:

1. Authorize an appropriation of funds in the amount not -to-exceed $150,000 for Professional Services to support maintenance and operations of the Public Works Street Maintenance Division for the remainder of the current fiscal year FY2022-23; and

2. Authorize the Director of Finance to make the necessary appropriations and budget adjustments.

FISCAL IMPACT
There is no impact to the General Fund. Appropriation of funds will come from various funding sources and supplement accounts approved in the FY 2022-23 operations budget per table below:

Fund Description Amount
245 Sidewalk sanitizing and power washing Acct# – 245.50.551.51101.15705 $25,000.00 254 Parking lot sweeping services Acct# – 254.50.560.51101.15734 $30,000.00 258 Hazmat Cleanup / pickup services Acct#– 258.50.551.51101.00000 $25,000.00 254 Sidewalk grinding services Acct# – 254.50.551. 51101.15705 $15,000.00 251 Solar photovoltaic panel maintenance Acct# – 251.50.530.51101.00000 $20,000.00 240 Street maintenance on drainage/culverts Acct# – 240.50.551. 51101.15705 $35,000.00 Total amount $150,000.00

BACKGROUND
The Department of Public Works’ Street Maintenance crew performs a variety of maintenance tasks throughout the city, including but not limited to, the operation of the bulky-item program, general pothole repairs, sidewalk repairs, illegal dump cleanups, and bus shelter maintenance. This year in particular, the maintenance footprint has expanded to include additional work above and beyond the budgeted scope. This includes items such as enhancing the cleanliness of the downtown area, responding to emergency situations like spills and or overflows to protect drainage and waterways, handling the maintenance of city -wide solar photovoltaic panels to ensure panels are producing adequate power,

Page 2 ends

and performing plumbing services of storm drains to ensure drains and culverts are properly flowing to prevent major blockages. Also, due to industry-wide materials procurement and supply chain issues, maintenance operations have experienced an increase in expenditures, particularly related to the sharp increase in fuel and construction related costs . Furthermore, maintenance staff levels have been acutely low due to various retirements, FMLA leave, and injuries for which the Street Maintenance crew have had to provide coverage for. These combined factors have led to a backlog in street maintenance.

Although, the crew has made great strides to catch up on the work, it requires professional services support to meet demand.

DISCUSSION
Approval of this appropriation will allow the Department of Public Works to move forward with procurement of quotes for various purchase orders for much needed professional services through the end of the fiscal year on June 30, 2023. These services would allow the Public Works Department to take on a more proactive maintenance strategy to help reduce liability and major degradation of city infrastructure. The professional services vendors will largely deal with items that require specialized equipment and certifications to safely perform the work without damaging systems and equipment. The professional services provided would help supplement City’s in -house efforts and free up staff resources so that they can focus on catching up on much needed overdue tasks such as repainting of traffic markings, curb painting, sign installation requests, and various other work items. As an added benefit, the appropriation will reduce the need for overtime resources that would be necessary to complete these tasks if they were to be done in-house.

Staff anticipates working with various vendors to accomplish the work. Staff will solicit a minimum of three quotes from various vendors which will then be selected per the City’s Procurement Policy. Below is a summary of the services to be provided and the not-to-exceed amounts:

Item Description of Services Amount
1 Sanitizing and power washing sidewalks throughout the City’s downtown area $25,000 2 Parking Lot Sweeping Services: All downtown areas along Ramona Blvd., Metrolink Parking, and Park Parking lots. $30,000
3 Scheduled and Emergency Hazmat pickup and clean-up. This service will be on an as-needed basis to pump out sweeper clarifier 3x a year. $25,000 4 Solar Photovoltaic Panel Maintenance and inspection – City has several systems throughout the City. These systems require regular cleaning and monitoring to ensure panels are receiving optimal sunlight. $15,000
5 Sidewalk grinding services – vendor will be able to grind any existing displacements on sidewalks. This service will allow department to take a proactive approach and create a safer walking environment to the public. $20,000
6 Plumbing services for various street requests. Requests include video inspections and jetting of any drainage or culverts. Emergency work will be performed on an as-needed basis.
$35,000

Staff recommends approval of this appropriation for t he current fiscal year only. Moving forward, staff will review and include the i tems proactively in the general operations budget depending on the need during the development of the City’s budget.

Page 3 ends

ALTERNATIVES

1. The City Council may choose not to approve this item and defer the maintenance activities to subsequent fiscal years. This action is not recommended as it may have a negative impact on the general upkeep of the city which may be more costly to address in the future.

2. Direct staff with a different alternative.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. None

STAFF REPORT
ITEM NO. ______8___________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Approve Final Tract Map No. 83377 to subdivide one (1) lot into seven (7) lots to facilitate the construction of six (6) attached condominium townhome units with one (1) common lot

SUMMARY
This report seeks Council consideration for the approval of Final Tract Map No. 83377 pursuant to the State Subdivision Map Act and Section 152.10 of the City of Baldwin Park’s Municipal Code.

RECOMMENDATION
It is recommended that the City Council accept the Final Tract Map No. 83377 and authorize the City Clerk and staff to sign the Final Tract Map.

FISCAL IMPACT
There is no impact to the City’s General Fund.

BACKGROUND
The subject Tract is located at 4437 Stewart Avenue, located between Los Angeles Street and Rockenbach Street. The property will have access through Stewart Avenue. The property is 18,600 square feet in area.

On May 26, 2021, Planning Commission approved Tentative Tract Map No. 83377 (Resolution PC 21- 07), PR 18-76 to subdivide one (1) lot into seven (7) lots to facilitate the construction of six (6) attached condominium townhome units with one (1) common lot within the R -3, Multi-Family Residential Zone, pursuant to table 152.10 of the City’s Municipal Code. Staff has reviewed the Final Tract Map and finds that it substantially conforms to the Tentative Tract Map conditions of approval. Upon approval and submittal of the improvement bonds, the map will be released for recordation at the Los Angeles County Recorder’s Office.

ALTERNATIVES
A Final Tract Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Tract Map is not approved at the first meeting or a t the subsequent meeting from when the Final Tract Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action by the City Council (Government Cod e §66458).

Since the Final Tract Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve.

Page 2 ends

CEQA REVIEW
Staff has determined that this case is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Article 19, Section 15303 (New Construction of Small New Facilities) and Section 15315 (Minor Land Divisions) of the CEQA Guidelines. T herefore, no further environmental analysis is required.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Los Angeles County Assessor's Map

2. Final Tract Map No. 83377

3. Resolution PC 21-07

TRACT NO. 83377
TRACT NO. 83377
TRACT NO. 83377

CITY OF BALDWIN PARK STAFF REPORT

TO: Honorable Chair and Planning Commissioners

FROM: Ron Garcia, City Planner

DATE: May 26, 2021

SUBJECT: A request for consideration to subdivide one (1) lot into six (7) lots within the R -3 Multi-Family Residential Zone for the construction of five (6) attached three -story residential condominium townhome units and one (1) common lot, pursuant to Table 152.10 in the City’s Municipal Code. (Location: 4437 Stewar t Avenue; Applicant: Brian Chen for EGL Associates; Case Numbers: PR 18-76, and TTM-83377).

PURPOSE

This report represents a request for consideration of a Tentative Tract Map (TTM-83377) to subdivide one (1) lot into seven (7) lots for development of six (6) condominium townhome units and one common area lot, pursuant to Table 152.10 of the City’s Municipal Code.

CEQA/NOTICING REQUIREMENTS

Staff has determined that this case is exempt from the provisions of the California Environmental Quality Act (C EQA), pursuant to Article 19, Section 15303 (New Construction of Small New Facilities) and Section 15315 (Minor Land Divisions) of the CEQA Guidelines. Therefore, no further environment al analysis is required.

A Notice of Public Hearing wa s posted at City Hall, the Esther Snyder Community Center , and Barnes Park on Thursday, May 13, 2021 . Public Hearing Notices were mailed on the same day to all property owners and occupants within a 300-foot radius of the subject site.

PROPERTY HISTORY

The property associated with this request has had no prior entitlement applications before the Planning Commission, Zoning Administrator, or City Council.

TM-83377
May 26, 2021

Page 2 ends

BACKGROUND

The subject property’s General Plan Land Use designation of “Multi -Family Residential” (MFR) is consistent with the property’s “Multi-Family Residential” (R-3) zoning designation. The property is one parcel with a lot area of approximately 0.42 acres (18,600 SF). The lot’s shape is rectangular in shape and is generally flat.

The parcel is cu rrently developed with a single family home that will be demolished for the construc tion of the proposed project.

Adjacent zoning and land uses are listed in the following Table #1:

TABLE #1

ADJACENT ZONING & LAND USE

ADJACENT PROPERTY

LOCATION ZONING PROPERTY USE
Subject Site R-3 (Multi-Family
Residential)
Single-Family Residences
North R-3 (Multi-Family
Residential) Multi-Family Apartment Units
East R-1 (Single-Family
Residential)
Single Family Residences
South R-3 & R-1 (Multi and Single-
Family Residential)
Single-Family Residences/Multi-Family
Apartment Units
West R-1 (Single-Family
Residential)
Single Family Residences

DISCUSSION

The proposed project requires the approval of a tentative tract map and development plan/design review to allow the proposed building architecture and site layout. The site plan layout consists of six (6) three-story attached residential units . A single driveway is proposed down the southerly portion of the project to provide vehicular access to the dwelling units along the route. The .4 2-acre site is relatively flat. The site contains a single family dwelling, which will be demolished as part of the project.

Common open space is proposed approximately in the center and rear area of the development between unit two (2) and unit three (3) and unit six (6) with a combined total of approximately 1,536 SF. The common open space areas include a decorative pergola, BBQ area, dog run area with picnic tables . A condition of approval requires City approval of a landscape pl an prepared by a licensed landscape architect.

TM-83377
May 26, 2021

Page 3 ends

The project proposes a Spanish architectural design . Architectural features include a hip-style roof with concreate s -tile material, exposed wood rafter tails , wood corbels and paneling, stucco exterior with smooth stucco window trim finish, vinyl windows of varying shapes , wood shutters , and decorative wrought iron planter boxes. The combination of materials and architectural variation reduces the scale and massing of the proposed structures. The HOA wil l be responsible for maintaining the exteriors of the buildings, including the garage doors and roofs.

The applicant is proposing two (2) different floor plans , each containing between three (3) and four (4) bedrooms, with three (3) bathrooms. All of the dwelling units are three stories with an attached two-car garage on the first floor. Floor areas range from 3,044 to 3,188 square feet of livable area.

Table #2 below provides detailed information on unit floor areas (excluding garages) and private open space areas.

TABLE #2

UNIT DETAILS

UNIT
NUMBER FLOOR AREA* BEDS/BATHS PRIVATE OPEN

SPACE AREA
1&2 3,044 sf 3 beds/3 baths 325 sf
3&4 3,188 sf 4 beds/3 baths 325 sf
5&6 3,188 sf 4 beds/3 baths 325 sf

* Excludes garage area

Table #3 below demonstra tes that the project complies with all development standards for the R3, Multi - Family Residential zone.

TABLE #3

DEVELOPMENT STANDARDS

Development Standards Code Required Project Proposed
Lot area - minimum 5,000 sf 18,600 sf
Lot depth - minimum 50 ft 310 ft
Lot width - minimum 50 ft 60 ft.

Lot coverage - maximum 60 % 25.02 %
Front yard setback - minimum 15 ft 20 ft
Side Yard setback - minimum 10 ft 10 ft
Rear yard setback - minimum 10 ft 20-26 ft
Open space area, common - minimum 250 sf/du (1,500 sf) 256 sf/du (1,536 sf total)
Open space area, private - minimum 200 sf/du (1,200 sf) 325 sf/du (1,950 sf total)
TM-83377
May 26, 2021

Page 4 ends

Development Standards Code Required Project Proposed
Density - maximum 20 du/ac 8.5 du/ac
Building height - maximum 35 ft 34 ft
Building length - maximum 125 ft 66 ft
Distance between buildings - minimum 10 ft 44 ft
Floor areas - minimum
Three bedrooms
Four bedrooms

1,100 sf
1,300 sf

3,044 sf
3,188 sf
Parking – minimum
Condominiums

2 car garage
(1 guest parking space
for every 3 dwelling
units)

2 Car Garage
2 Guest Spaces

Parking and Circulation

The BPMC Section 153-150.040 requires two (2) parking spaces per unit , and one (1) guest parking space for every 3 dwelling units. A total of fourteen (14) parking spaces will be provided – each unit will have a two-car garage, and a total of two (2) guest parking spaces for the project.

Based on the requirements of the Municipal Code, the project is required to provide a minimum of a two- car garage per unit and a t otal of one (1 ) guest parking space for every 3 dwelling units . The project as proposed meets the parking requirements of the BPMC. A Condition of Approval included in the tentative tract map requires that the CC&Rs state that the parking or storage of recreational vehicles [RVs, trailers, boats, all-terrain vehicles (ATVs), etc.] is prohibited.

Tentative Tract Map

As a prerequisite for the proposed development, approval of a tent ative tract map is required. The Applicant is proposing to subdivide one lot into a six (7) lots for a total of six (6) condominium units and one (1) common area lot for circulation, guest parking, and common open space areas. The common areas shall be fully maintained privately by an established Home Owner’s Association. Further, Covenant, Conditions and Restrictions (CC& R’s) will be required as part of the project to address on-going maintenance and upkeep of all common areas, including driveways, walls, and common area landscaping.

The site’s General Plan Land Use designation of “Multi Family Residential” ( MFR) allows a maximum density of 20 units per acre. The proposed project density will be 14 .05 units per acre. Based on the l ot size the project density is 8.5 units per acre. However, the applicant is proposing to develop six (6) units.

TM-83377
May 26, 2021

Page 5 ends

Development Plan/Design Review

The proposed six unit condominium development requires the submittal of a Development Plan/Design Review application which shall be considered for approval by the Planning Commission , following a recommendation from the Design Review Committee. Prior to submitting a tentative tract map application for the proposed project, a Development Plan/Design Review application was submitted and reviewed and tentatively approved by the Design Review Committee on May 3, 2021 . Therefore, the Planning Commission may consider the development in conjunction with the proposed subdivision request.

GENERAL PLAN CONSISTENCY

The project site is d esignated as “Multi-Family Residential” (MFR) in the City of Baldwin Park General Plan. The proposed project is consistent with the following General Plan goals and policies.

Land Use Goal 1.0 Maintain a balanced mix and distribution of land uses throughout Baldwin Park

Land Use Policy 1.1 Provide opportunities for housing development at a range of densities and housing types that accommodate the varied interests and needs of present and future residents.

Land Use Goal 2.0 Accommodate new development that is compatible with and compliments existing conforming land uses.

Housing Element Goals:

Goal 1.0 Maintain and enhance the quality of existing housing and residenti al neighborhoods in Baldwin Park.

Policy 1.2 Promote the rehabilitation of substandard and deteriorating housing in areas designated for long term residential use. Promote efforts to remove substandard units which cannot be rehabilitated.

Goal 3.0 Provide adequate residential sites through appropriate land use and zoning designations to accommodate the City’s regional share of housing needs.

Policy 3.1 Provide for a range of residential development types in Baldwin Park, including low density single-family homes, small lot single -family subdivisions, medium -density townhomes, and higher - density apartments and condominiums.

TM-83377
May 26, 2021

Page 6 ends

RECOMMENDATION

Staff recommends that the Planning Commission open the public hearing and following the public hearing adopt Resolution PC 21-07 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF BALDWIN PARK AP PROVING A TENTATIVE TRACT MAP TO SUBDIVIDE ONE (1) LOT INTO SEVEN (7) LOTS TO FACILITATE THE CO NSTRUCTION OF SIX (6) ATTACHED CONDOMINIUM TOWNHOME UNITS WITH ONE (1) COMMON LOT WITHIN THE R -3, MULTI-FAMILY RESIDENTIAL ZONE, PURSUANT TO TABLE 152.10 OF THE CITY’S MUNICIPAL CODE (LOCATION: 4437 STEWART AVENUE; APPLICANT : BRIAN CHEN FOR EGL ASSOCIATES; CASE NUMBERS: PR 18-76, AND TTM-83377).”

Subject to the conditions listed in the resolution.

FINDINGS OF FACT—TENTATIVE TRACT MAP

1. Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limite d to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services.

Comments and conditi ons have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative parce l map. Additionally, staff includes a general condition of approval that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative tract map.

2. An adequate domestic water distributi on system designed and constructed to service each lot proposed to be created.

Valley County Water District is the the purveyor in the area and water would be provided to the subject property by Valley County Water District.

3. An adequate sewage system designed and constructed to serve each lot proposed to be created.

The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park.

4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created.

The Public Works Dep artment conditions of approval require that off-site improvements may be required and may include storm drains. Provide d that the applicant meets the conditions of approval for development, there will be adequate storm water drainage for the subject property.

TM-83377
May 26, 2021

Page 7 ends

5. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created.

The Public Works Department has determined that there is adequate public street system to serve the l ot. Conditions of approval require public right -of-way reconstruction of damaged improvements as a result of construction.

6. An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings.

The City’s Public Works Department has concluded that the current conditions will provide for an adequate traffic regulatory system.

7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code.

Pursuant to Chapter 97 of the City’s Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall plan check requirements and review of the final map.

8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created.

Staff is of the opinion that provided that the applic ant obtains approval by the P lanning Commission of the Tentative Tract Map and meets and/or exceeds the conditions of approval, the new lot would have adequate service and could be subdivided such that the new lot would be consistent with the City’s codes.

9. In addition to the improvements as required by the City’s Municipal Code and Departments, there are also design requirements for the proposed tentative tract map that need to be met.

Pursuant to Section 152.12 of the City’s Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control.

The Planning Division has reviewed the proposed subdivision of the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, setbacks, density, and height..

Additionally the tentative tract map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states “accommodate new development that is compatible with and compliments existing conforming land uses” as the proposed parcels meet the existing development standards contained in the Code.

TM-83377
May 26, 2021

Page 8 ends

The Public Works Department, as part of their comments, has included a requirement for the a pplicant to submit plans relating to grading and erosion control for review and approval.

ATTACHMENTS

#1, Tentative Tract Map No.83377, Resolution PC 21-07
#2, Vicinity Map
#3, Exhibit “A”, Architectural Plans

ATTACHMENT #1
RESOLUTION OF APPROVAL PC 21-07
RESOLUTION PC 21-07

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF BALDWIN PARK APPROVING A
TENTATIVE TRACT MAP TO SUBDIVIDE ONE (1) LOT
INTO SEVEN (7) LOTS TO FACILITATE THE
CONSTRUCTION OF SIX (6) ATTACHED CONDOMINIUM
TOWNHOME UNITS WITH ONE (1) COMMON LOT
WITHIN THE R -3, MULTI -FAMILY RESIDENTIAL ZONE,
PURSUANT TO TABLE 152.10 OF THE CITY’S
MUNICIPAL CODE (LOCATION: 4437 STEWART
AVENUE; APPLICANT: BRIAN CHEN FOR EGL
ASSOCIATES; CASE NUMBERS: PR 18 -76, AND TTM -
83377)

THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows:

(a) An application (“Applications”) for a development plan, and a tentative tract map, were submitted on behalf of the owner of cert ain real property, l ocated at 4437 Stewart Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and

(b) The Application is sought to allow the appr oval of a Tentative Tract Map to subd ivide one (1) lot into seven (7 ) lots for development of six (6 ) condominium townhome units and one common area lot within the R -3, Multi-Family Residential, Zone pursuant to Tables 152.10 of the City's Municipal Code; and

(c) That a duly noticed public hearing was held on May 13, 2021 on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of the Application is present and the Application should be approved; and

(d) Pursuant to the California Environmental Quality Act (CEQA), the proposed project is consi dered to be exempt (Section 15303 (New Construction of Small New Facilities) and Sectio n 15315 (Minor Land Divisions) in that the projects consists of the development of five (5) residential units within an urbanized area in conjunction with a subdivision.

Resolution PC 21-07
May 26, 2021

Page 2 ends

(e) Each fact set forth in the staff report dated May 26 , 2021 from Ron Garcia , City Planner to the Chair and Planning Commissioners (“Staff Report”) is true and correct.

SECTION 2. That the Planning Commission does hereby adopt the following findings applicable to the approval of the tentative parcel map.

a) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable telev ision and telecommunications telephone service.

Comments and conditi ons have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative tract map. Additionally, staff includes a general condition of approva l that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative tract map.

b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created.

Valley County Water District is the the purveyor in the area and water would be provided to the subject property by Valley County Water District.

c) An adequate sewage system designed and constructed to serve each lot proposed to be created.

The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park.

d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created.

The Public Works Dep artment conditions of approval require that off-site improvements may be required and may include storm drains. Provided that the applicant meets the conditions of approval for development, the re will be adequate storm water drainage for the subject property.

e) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created.

The Public Works Department has determined that there is ad equate public street system to serve the l ot. Conditions of approval require public right-of-way reconstruction of damaged improvements as a result of construction.

Resolution PC 21-07
May 26, 2021

Page 3 ends

f) An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and stripings.

The City’s Public Works Department has concluded that the current conditions will provide for an adequate traffic regulatory system.

g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code.

h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created.

Staff is of the opinion that provided that the applicant obtains approval by the Planning Commission of the Tract Map and meets and/or exceeds the conditions of approval, the new lot would have adequate service and could be subdivided such that the new lot would be consistent with the City’s codes.

i) In addition to the improvements as required by the City’s Municipal Code and Departments , there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City’s Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control.

The Planning Division has reviewe d the proposed subdivision of the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, setbacks, density, and height.

Additionally the parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states “accommodate new development that is compatible with and compli ments existing conforming land uses” as the proposed parcels meet the existing development standards contained in the Code.

Resolution PC 21-07
May 26, 2021

Page 4 ends

The Public Works Department, as part of their comments, has included a requirement for the a pplicant to submit plans relating to gr ading and erosion control for review and approval.

SECTION 3. The Application, as herein above described below, and the same is hereby approved subject to the following conditions:

(a) That the property shall be developed and maintained in substantial accord ance with Exhibit “A” to the staff report for TM -83377 and PR 18-76, dated May 26, 2021; and

(b) Covenants, conditions, & restrictions (CC&R's) and a Homeowner’s Association (HOA) (or equivalent) as approved by the California Department of Real Estate shall b e incorporated into the development. CC&R's shall be subject to review and approval by the City Attorney's Office at the expense of the Applicant.

1. No addition of habitable space is permitted.

2. No permanent ground fl oor patio covers are permitted. Non - permanent patio covers are permitted.

3. Parking on driving aisles is prohibited.

4. Garages shall be used to park vehicles.

5. All exterior maintenance of the structures will be the responsibility of the HOA, including garage doors, windows, exterior architectural materials and roof.

6. Cleanup of graffiti is the responsibility of the Homeowners Association (HOA).

7. Trees located on the subject property shall not be removed without the City’s (Tree Officer) written approval.

8. Front yard fencing within the front yard setback is prohibited except that of the approved fence proposed for the
development.

9. Installation of bright flood light fixtures are prohi bited along the street frontage.

a) Prior to the issuance of building permits, the applicant shall draft a Prospective Homebuyer’s Awareness Package (PHAP), and submit it to the Planning Director for review and approval. Copies of signed copies of PHAP for all lots shall be submitted to the Planning Department. Such package shall include:

1. A standardized cover sheet as approved by the Planning Department.

Resolution PC 21-07
May 26, 2021

Page 5 ends

2. Zoning and General Plan information.

3. School information.

4. Special assessment district information.

5. Utility providers

6. A copy of the Covenants, Conditions and R estrictions (CC&Rs) applicable to the project.

7. Any additional information deemed necessary by the Planning Department, Planning Commission, or City Council for the full disclosure of pertinent information.

(d) The Homeowner’s Association (HOA) or equivalent, or the CC&R’s shall be responsible for the following:

a. On-going maintenance and upkeep of any trees in
accordance with the City’s Standards on private
property within the front yard between the public right - of-way and the structures; and
b. On-going mainte nance and upkeep of any
landscaping within the front yard between the public
right-of-way and the structures.

(e) The proposed project is subject to Water Efficient
Landscape Standards, pursuant to Section 153.160.020 of the Baldwin Park Municipal Code. In A ccordance with Section 153.160.060, please submit a revised Preliminary Landscape Design Plan along with the subsequent Design Review resubmittal. After the project has been tentatively approved by the Design Review Committee and after entitlements are ap proved by the Planning Commission, the applicant shall submit a Landscape Documentation Package during Building Plan Check pursuant to Section 153.160.080. The Landscape Documentation Package shall incorporate the Preliminary Design Plan. Landscape and Irrigation plans shall be prepared by a California licensed landscape architect.

(f) Decorative block walls shall be provided around the perimeter of the entire project site. A typical elevation rendering (with materials identified) of the proposed perimeter wall shall be included on the plans submitted for plan check.

(g) All lighting shall be automatically controlled and shall be architecturally consistent.

Resolution PC 21-07
May 26, 2021

Page 6 ends

(h) The Final Map shall comply with the time frames as
contained within the California Subdivision Map Act.

(i) Project proposal shall be subject to any and all comments and conditions imposed by the Los Angeles County Fire Department.

(j) All units within the proposed project shall be subject to development impact fees including, but not limited to the following:

a. Public Art
b. Parkland In-Lieu (Quimby)
c. Traffic Congestion
d. Flood Control
e. Law Enforcement Impact Fee
f. General Plan/Technology

(k) Applicant shall provide a check in the amount of $75.00 made payable to the Los Angeles County Clerk for the filing of the Notice of Exemption pursuant to the CEQA Guidelines.

(l) If within two (2) years after the date of approval of TM-83377 and PR 18 -76, all conditions of approval have not been satisfied, then TM-83377 and PR 18-76 shall become null and void; and

(m) That the applicant sh all sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant has read and accepts all of the conditions of approval.

Building:

(n) Based on the information provided, the following preliminary comments and issues appear to be applicable to this project and need further investigation by the applicant. These issues should be resolved prior to submittal for Building Section plan check. The issuance of any building permit is subject to the plan check of a complete submittal, which may result in subsequent corrections.

(o) All Conditions of Approval as approved by the Planning Commission shall appear as notes on the plans submitted for building plan check and permits.

(p) Building design shall comply with the Current Ed ition of the California Building Code (CBC).

(q) Separate application(s), plan check(s), and permit(s) is/are required for:

1. Grading (see Engineering Division for requirements)
Resolution PC 21-07
May 26, 2021

Page 7 ends

2. Demolition work

3. Retaining walls (see Engineering Division for requirements)

4. Block walls exceeding 6 feet in height

5. Fire sprinkler/Alarm systems (see LA County Fire Department Prevention Division for requirements)

6. Each separate structure/building

7. Plumbing

8. Mechanical

9. Electrical

(r) Complete architectural plans prepared a by State licensed architect will be required. Submit design for review at formal plans review.

(s) Complete structural plans with calculations by State licensed engineer or architect will be required. Submit design for review at formal plans review.

(t) Compliance to California T-24 Energy regulations will be required.

Submit design for review at formal plans review.

(u) Compliance to California Green Building Standards Code will be required. Submit design for review at formal plans review.

(v) Separate plumbing, mechanical and electrical plan check will be required. Submit design for review at formal plans review.

(w) A soils and geology report is required to address the potential for and the mitigation measures of any seismic induced
landslide/liquefaction. Soils report shall address foundation design and site preparation requirements.

(x) Los Angeles County Fire Department approval is required for the proposed occupancy. Contact (626) 974-8335 for plans review submittal requirements.

(y) All new on-site utility service lines shall be placed underground.

BPMC Section 153.140.050.

(z) A complete code analysis is required. Address type of construction, occupancy, exiting, allowable areas, allowable heights, etc. Provide a summary on the drawing.

(aa) Compliance with the State of California Accessibility regulations is required. Design to comply with CBC Chapter 11A, including:

Resolution PC 21-07
May 26, 2021

Page 8 ends

a. Building entrances shall be provided with an accessible path of travel connecting the building entrances from the public sidewalk, accessible parking, and other buildings or essential facilities located on the site.
b.Accessible parking:
c.10 percent of the units, but no less than one, shall be accessible complying with CBC§ 1102A.3.

(bb) Provide fire sprinklers complying with CBC § 903.3.1 for the following projects:

(cc) In all new one/two family homes and townhomes of R3 occupancy.

CRC § R 313.1 and 313.2.

(dd) The final map shall be recorded prior to the issuance of any building permit.

Public Works:

A. GENERAL

1. An Erosion Control Plan shall be submitted concurrently with t he grading plan clearly detailing erosion control measures. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP’s).

2. The applicant sha ll comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer.

B. SOILS REPORT/GRADING/RETAINING WALLS

1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State o f California, shall be submitted by the applicant for approval by the City.

2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in acco rdance with the City’s requirements for the City’s review and approval. A list of requirements for grading plan check is available from the Public Works Department . All grading (cut and fill) calculations, including on/off site improvement costs shall be submitted to the City concurrently with the grading plan.

3. All easements (if any per Title Report) and flood hazard areas shall be clearly identified on the grading plan.

Resolution PC 21-07
May 26, 2021

Page 9 ends

4. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building an d Safety Division for review and approval.

5. All equipment staging areas shall be located on the project site.

Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access point s in the defense shall be locked whenever the construction site is not supervised.

6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices.

7. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport.

8. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the gradin g contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations.

9. Rough grade & pad certifications by project soils & civil engineer, respectively, shall be submitted prior to issuance of building permits for t he foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate.

10. Final grade & pad certifications by project soils and civil engineer shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively.

C. DRAINAGE

1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the LID compliant device. No off -site drainage shall blocked nor be conveyed on-site to maintain LID compliance.

2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in Resolution PC 21-07
May 26, 2021

Page 10 ends

the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department.

D. OFF-SITE STREET IMPROVEMENTS

a. Install one street 36’’ box tree in parkway
b. Provide additional topo detail in the adjacent lots or show flows or change or grading to the neighbor’s properties.
c. Provide sewer plans and easement (10’) for a sewer main line extension d. Show location of the community mail boxes if it is within the City’s right-of- way. Place community mailboxes on site.
e. Provide dedication along Stewart Ave. frontage.
f. Grind and overlay 2” Asphalt on the frontage of Stewart Avenue. g. Install new ADA driveway approach 22 feet in width and additional 4 feet transitional slopes on each side of the driveway.
h. All SCE power poles along the front and the side of the property shall be removed and power shall be undergrounded.
i. Additional comments as red-marked on the plan.

The City reserves the right to request additional information it deems necessary.

E. UTILITIES

1. Will Serve Letters shall be submitted stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. Show all existing and proposed utilities, water, sewer, storm drain mains and show if you need trenching to such mains.

2. Overhead utilities should be undergrounded.

3. Underground utilities shall not be constructed within the drip line of any mature trees except as approved by a registered arborist.

Resolution PC 21-07
May 26, 2021

Page 11 ends

4. Provide sewer study including Plans must be prepared by a licensed civil engineer and approved by the Engineering Department.

G. TRAFFIC MITIGATIONS

1. Provide traffic study including egress/ ingress and internal circulation .

Plans must be prepared by a licensed traffic engineer and approved by the Engineering Department.
(ee)

LA County Fire Department:

1. It is the applicant’s responsibility complete the plan check process with LA County Fire, and address any modifications or cor rections directly with LA County Fire.

SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant.

PASSED AND APPROVED this 26th day of May, 2021.

_____________________________________

CHRISTOPHER SAENZ, CHAIR

BALDWIN PARK PLANNING COMMISSION

Resolution PC 21-07
May 26, 2021

Page 12 ends

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, RON GARCIA, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 21-07 was duly and regularly approved and adopted by the Planning Commission at a regula r meeting thereof, held on the 26th day of May, 2021 by the following vote:

AYES: COMMISSIONERS: ______________________________________ NOES: COMMISSIONERS: ______________________________________ ABSTAIN: COMMISSIONERS: ______________________________________ ABSENT: COMMISSIONERS: ______________________________________

________________________________________
Ron Garcia

BALDWIN PARK PLANNING COMMISSION

ATTACHMENT #2

VICINITY MAP

Vicinity Map

LOCATION: 4437 Stewart Avenue

CASE NUMBER: TPM-83377, PR 18-76

DATE: May 26, 2021

ATTACHMENT #3
EXHIBIT “A”, ARCHITECTURAL PLANS

PARKING10'X20'PARKING10'X20'UNIT #1TYPE AUNIT #2TYPE BUNIT #3TYPE B-RUNIT #4TYPE B UNIT #5TYPE B-RUNIT #6TYPE BCONC. DRIVEWAY CONC. DRIVEWAYCONC. DRIVEWAY
PEDESTRIAN WALKWAY1 2
3 4
5 BLDG-ABLDG-B BLDG-C
CONC.PAVING

W/HW/HW/HW/HW/HW/H
N89°57'59"E 310.01'
S00°33'40"W 60.00'
N00°33'29"E 60.00'

ADJACENT HOUSEADJACENT HOUSEADJACENT HOUSEADJACENT HOUSE

ADJACENT HOUSEADJACENT HOUSEADJACENT HOUSE

FIRE APPARATUSINTERMEDIATE TURNAROUND
CONC. DRIVEWAYCONC. DRIVEWAYCONC. DRIVEWAY CONC. DRIVEWAY LM
L
M N
" I HAVE COMPLIED WITH THE CRITERIA OF THE ORDINANCEAND APPLIED THEM FOR THE EFFICIENT USE OF WATER INTHE LANDSCAPE DESIGN PLAN." CONCEPTUAL LANDSCAPE PLANSCALE : 1/16" = 1'-0"

REVISIONSDATENO
TERRY LEE DESIGN GROUPTEL: 626-285-6522 FAX: 626-285-64796 UNITS CONDOMINIUM4437 STEWART AVE.TEMPLE CITY, CA 91780BALDWIN PARK, CA 91706 1108181/16"=1'-0"
SheetJobDrawnScaleT.L.

Sheet TitleDateProject
SAN GABRIEL, CA 91775220 W. LESLIE DR.

Prepared by BEN LUNDGREN & ASSOCIATESTEL: 626-535-9544 FAX: 626-535-9534 CONSULTANT LANDSCAPE ARCHITECT, LIC. # 3109
SAN MARINO, CA 911082605 FAIRFIELD PL.
03-18-19
L-1

CONCEPTUALLANDSCAPE PLAN
N89°57'59"E 310.01'
Assessor's ID No. 8542-019-025
LISTING OF MATURE/REQUIRED TREES AT PROJECT SITETREELOCATIONCOMMON TREE NAMEBOTANICAL TREENAMEAPPROXIMATEHEIGHT OFTREEDIAMETER OFTREEREMOVE/KEEP12345 VICINITY MAPN.T.S.

SANTA FE DAMRECREATIONAREA
PROJ.SITE

PRIVATE YARDPRIVATE YARD PRIVATE YARDPRIVATE YARD
N
LOW IMPACT DEVELOPMENT (LID) SYSTEMS USED:1. DISCONNECT IMPERVIOUS SURFACES.2. LANDSCAPING AND LANDSCAPE IRRIGATION.

PRIVATE YARDPRIVATE YARD

DOG RUNAREA

PEDESTRIAN WALKWAYPEDESTRIAN WALKWAY

STAFF REPORT
ITEM NO. _______9__________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
DATE: December 21, 2022
SUBJECT: Approve a Resolution of the City of Baldwin Park adopting an inventory report of excess, exempt, and non -exempt surplus land pursuant to government code section 50569.

SUMMARY
The Surplus Land Act (the “Act”), as amended, requires that on or before December 31st of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1st of each year as part of the county or city’s annual Housing Elem ent progress report. This action would have the City Council review and approve the Inventory Report.

RECOMMENDATION
It is recommended that the City Council accept the Inventory Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1).

FISCAL IMPACT
There is no fiscal impact associated with approving the Inventory Report.

BACKGROUND
Government Code 54230 mandates that California cities and counties prepare, by Dec. 31st of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has be en officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable needs but has not yet been declared surplus.

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code 54221(c)(1).]

DISCUSSION

Page 2 ends

To da te, the City of Baldwin Park has not declared properties as exempt surplus properties. The properties on the Inventory Report are currently “excess” properties. They are properties located at 14824 Ramona Blvd currently leased to a barbershop, 14751 Badillo Street (Vacant Red Car Building), and 4024 Maine Avenue a vacant lot located northwest City Hall.

The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days in which time the staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the prescribed timeline, then the regular development processes would begin; or

2. If after good -faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable.

A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 5 0 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”

Nothing in the Act establishes what information must be included in the Inventory Report. However, Government Code § 54230( a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, be ginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a m inimum, contain blanks for the following information for each parcel of surplus land:

(i) Street address or similar location information.
(ii) Assessor’s parcel number.

Page 3 ends

(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.

The proposed Inventory Report of this year’s surplus properties and excess properties is attached to this report.

ALTERNATIVES
The City may decide not to adopt the Inventory Report; in which case, the City would be in violation of Government Code 54230 as mandated that California cities and counties prepare, by Dec. 31st of each year, an inventory of all surplus land, and all excess lands.

CEQA REVIEW

THE ACTIONS CONTEMPLATED BY THIS REPORT DO NOT CONSTITUTE A PROJECT WITHIN THE MEANING OF SECTION 15378 OF THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) GUIDELINES, BECAUSE THEY HAVE NO POTENTIAL FOR RESULTING IN PHYSICAL CHANGE IN THE ENVIRONMENT, DIRECTLY OR INDIRECTLY. THE ACTIONS DO NOT

AUTHORIZE ANY SPECIFIC DE VELOPMENT OR INSTALLATION ON ANY SPECIFIC PIECE OF PROPERTY WITHIN THE CITY’S BOUNDARIES. MOREOVER, WHEN AND IF A DEVELOPMENT

APPLICATION IS SUBMITTED, THE CITY WILL AT THAT TIME CONDUCT A PRELIMINARY REVIEW OF THE APPLICATION IN ACCORDANCE WITH CEQA. ALTE RNATIVELY, EVEN IF THE ABOVE-DESCRIBED ACTIONS ARE A “PROJECT” WITHIN THE MEANING OF STATE CEQA GUIDELINES SECTION 15378, SUCH ACTIONS WOULD BE EXEMPT FROM CEQA REVIEW

UNDER THE GENERAL RULE THAT CEQA APPLIES ONLY TO PROJECTS WHICH HAVE THE POTENTIAL FOR C AUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (STATE CEQA GUIDELINES, SECTION 15061(B)(3).)

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Resolution

1 RESOLUTION NO. 2022-066

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN INVENTORY REPORT OF THE CITY’S SURPLUS AND
EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230

WHEREAS, the City of Baldwin Park (“City”) is a municipal corporation and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, Government Code section 542 30 requires that on or before December 31 of each year, each local agency make an inventory of all surplus and excess lands held, owned, or controlled by it or by any of its departments, agencies or authorities (the “Inventory List”), and that such Inventory List be made a matter of public record and be made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring th at the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, “excess land” is defined in the Act as land that “is in excess of its foreseeable needs”; and
WHEREAS, Government Code section 54230 specifies that the following information must be provided for each property included in the Inventory List: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 5 4230, is attached hereto as Exhibit A and incorporated herein by this reference.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
BALDWIN PARK AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Each of the three (3) parcels on the Inventory List (the “Surplus Properties”) are not necessary for the City’s use, and there is no planned use by the City of these surplus or excess properties.

2 SECTION 3. Three (3) of the properties are excess lands, as defined in Government Code section 50569, and three (3) of the properties are non-exempt surplus land, as defined in Government Code section 54221(b).

SECTION 4. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City Council hereby authorizes the listing of the surplus and excess properties on the Inventory List created by City staff pursuant to and in compliance with Government Code section 54230.

SECTION 5. The listing of the surplus and excess properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursu ant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the properties is sold to a purchaser, and that purchaser proposes a use for the property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the above -described actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causin g a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 6. This Resolution shall take effect immediately upon its adoption by the City Council.

PASSED AND APPROVED this 21st day of December, 2022.

________________________________
EMMANUEL J. ESTRADA, MAYOR

BALDWIN PARK CITY COUNCIL

ATTEST:

3 STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, Christopher Saenz, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2022-066 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 21st day of December, 2022 by the following vote:

AYES: COUNCIL MEMBERS:___________________________________ NOES: COUNCIL MEMBERS:___________________________________ ABSENT: COUNCIL MEMBERS:__________________________________ ABSTAIN: COUNCIL MEMBERS:___________________________________

_____________________________________

CHRISTOPHER SAENZ

BALDWIN PARK CITY CLERK

4 EXHIBIT A

INVENTORY LIST

STAFF REPORT
ITEM NO. _______10__________

Page 1 ends

TO: Honorable Mayor and Members of the City Council

FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Director of Finance
DATE: December 21, 2022
SUBJECT: Approve Resolution No’s. 2022-067, 2022-068, and Agreement with State of California Department of Tax and Fee
Administration for Administration of City of Baldwin Park Measure BP Sales Tax (Transactions and Use Tax)

SUMMARY
To receive funds from the City of Baldwin Park’s recently enacted Transactions and Use Tax (TUT), it is necessary for the City to contract with the State of California Department of Tax and Fee Administration (CDTFA) for the administration of the TUT. This action will approve two City Council resolutions and two agreements necessary for the administration of the TUT. The City Council resolutions, agreements, and necessary forms must be submitted to the CDTFA by January 2, 2023.

RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Approve Resolution No. 2022 -067, a resolution of the City Council of the City of Baldwin Park, authorizing the Chief Executive Officer to execute agreements with the California Depart ment of Tax and Fee Administration for implementation of a local transactions and use tax; and

2. Approve Resolution No. 2022 -068, a resolution of the City Council of the City of Baldwin Park, authorizing officers, employees, and representatives of the City of Baldwin Park to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and

3. Approve the Agreement for Preparation to Administer and Operate the City of Baldwin Park’s Transaction and Use Tax ordinance; and

4. Approve the Agreement for State Administration of City of Baldwin Park’s Transaction and Use Tax; and

5. Authorize the Chief Executive Officer to make technical corrections as deemed necessary; and

6. Authorize the Chief Executive Officer to execute the necessary documents, in a form approved by the City Attorney.

Page 2 ends

FISCAL IMPACT
There are two fees associated with administration of the City’s TUT. A one -time CDTFA preparatory cost fee not to exceed $175,000 and an on-going administrative fee charged quarterly for jurisdictions which have an additional TUT.

For FY 2023, this administrative fee is 0.57% of City TUT revenue collected by CDTFA and is subject to change every fiscal year.

BACKGROUND
On the November 8, 2022 election, the voters of the City of Baldwin Park approved Measure BP.

Measure BP is a ¾ cent sales transactio ns and use tax (TUT) ballot measure that could generate an additional $6 million to the general fund of the City of Baldwin Park. The passage of Measure BP places the City of Baldwin Park’s sales tax rate at par with the majority of cities in Los Angeles County, including neighboring cities like Azusa, Covina, Pico Rivera, South El Monte and Duarte.

DISCUSSION
In preparation for the CDTFA to collect the City of Baldwin Park’s TUT, it is necessary for the City to have an agreement in place with the CDTFA to process the transactions, collect the tax and distribute the tax back to the City. CDTFA will notify each business taxpayer within the City, County, accountants, enrolled agents and general geographical area of the new City TUT to informing them of the new requirement. The CDTFA will beginning collecting the TUT on April 1, 2023 and the City should receive the first payments in June 2023.

CDTFA will need to modify their online system to recognize the new TUT for the City of Baldwin Park and requires an agreement for the “Preparation to Administer and Operate the City of Baldwin Park’s Transactions and Use Tax Ordinance”. There is a one-time fee to modify their online system and by law, the maximum preparatory cost is $175,000. However, the actual amount charged is typically less than $175,000 particularly in smaller cities like Baldwin Park where fewer notification mailings are required.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Resolution No. 2022-067

2. Resolution No. 2022-068

3. Agreement for Preparation to Administer and Operate City of Baldwin Park Transactions and Use Tax Ordinance

4. Agreement for State Administration of City of Baldwin Park Transactions and Use Taxes RESOLUTION NO. 2022-067

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BALDWIN PARK

AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX

WHEREAS, on December 7, 2022, the City Council approved Ordinance No. 1475 amending the City Municipal Code and providing for a local transactions and use tax; and

WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and

WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and

WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and

Whereas, the Department requires that the City Council authorize the agreements;

NOW, THEREFORE BE IT RESOLV ED by the City Council of the City of Baldwin Park that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the Chief Executive Officer is hereby authorized to execute each agreement.

* * * * * *

2 PASSED, APPROVED, and ADOPTED this 21st day of December, 2022.

________________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-067 was duly adopted by the City Council of the Cit y of Baldwin Park at a regular meeting thereof held on December 21, 2022 and that the same was ad opted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

CHRISTOPHER SAENZ

CITY CLERK

RESOLUTION NO. 2022-068

A Resolution of City of Baldwin Park Authorizing Examination of Sales or Transactions and Use Taxes Records

WHEREAS, pursuant to Ordinance Number 1475 of City of Baldwin Park (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and

WHEREAS, the Board of the District (City Council) deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax recor ds of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and

WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawfu l disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE BOARD OF THE DISTRICT (CITY COUNCIL) OF CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS:

Section 1 . That the Chief Executive Officer, Director of Finance, or other officer or employee of the District designated in writing by the Chief Executive Officer to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes c ollected for the District by the Department pursuant to the contract between the District and the Department.

Section 2.

The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract.

Section 3.

That this resolution supercedes all p rior resolutions of the Board of the District (City Council) adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

PASSED, APPROVED, and ADOPTED this 21st day of December, 2022.

________________________________
EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Christopher Saenz , City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-068 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 21, 2022 and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

CHRISTOPHER SAENZ

CITY CLERK

1 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE

In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of BALDWIN PARK , hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION , hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work t o prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's cost s for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and nec essary preparatory costs to administer a transactions and use tax ordinance.

These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which confo rms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.

City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

2 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and not ices may be sent b y first class United States mail.

Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027

Attention: Administrator
En Local Revenue Branch

Communications and notices to be sent to City shall be addressed to:

City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706

Attention: Rose Tam, Director of Finance

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed an d the Department has re ceived all payments due from City under the terms of this agreement.

CITY OF BALDWIN PARK CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION

By By
(Signature) Administrator
Local Revenue Branch
Enrique C. Zaldivar, P.E.
(Typed Name)

Chief Executive Officer
(Title)

(Rev. 11/17)

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES

The City Council of the City of Baldwin Park has adopted, and the voters of the City of Baldwin Park (hereafter called “City” or “District”) have approved by the required majority v ote, the City of Baldwin Park Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California S tate Department of Tax and F ee Administration , (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS

Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9 and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No . , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES

A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. (Rev. 10/17) 2

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any aut horized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self -imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all distri ct t axes collected under the prov isions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

(Rev. 10/17) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.

The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to p ermit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes coll ected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of wh ich are not coterminous with a co unty or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX

A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 10/17) 4
of the Department, to all districts with whic h the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or cred ited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self -declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, V essels, and Aircraft. For the pu rpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION

The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS

A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. (Rev. 10/17) 5

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to the City shall be addressed to:

City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706

Attention: Rose Tam, Director of Finance

Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on MM/DD/YYYY This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work nece ssary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 10/17) 6

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID

A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imp osition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non -appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to ret ain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of Califor nia may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing pro cedures for processing (Rev. 10/17) 7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably a ppropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which co nforms to the internal a ccounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to t he amount of costs incur red by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, an d penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF BALDWIN PARK CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION

By By
(Signature) Administrator
Local Revenue Branch
Enrique C. Zaldivar, P.E.
(Typed Name)

Chief Executive Officer
(Title)

STAFF REPORT
ITEM NO. _______11__________

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Authorize the Award of Construction Contract to Stance Construction Company, for City Project No. CIP 22-040, Calino Avenue Street Improvements

SUMMARY
This item will accept plans and specifications for the project and authorize the award of a construction contract with Stance Construction Company, in an amount of $649,726.51 for the Calino Avenue Street Improvements Project. The Project consist of construction of new infrastructure for sanitary sewer, storm drain and street improvements along Calino Avenue.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Approve and award the construction contract to Stance Construction Company of Chino, CA in the amount of $649,726.51; and

2. Authorize the Mayor and City Clerk to execute the contract with Stance Construction Company; and

3. Authorize the Direct or of Finance to appropriate $715,000 from the APRA fund and make necessary budget adjustment.

FISCAL IMPACT
There is no fiscal impact on the General Fund. Funding for the construction of the project will come from Fund No. 275 American Rescue Plan Act (ARPA) Community Assistance set-aside portion under the infrastructure category as follows:

Fund Appropriation Amount
CIP 22-040 Appropriate – Fund #275 American Rescue Plan Act (ARPA) Community set-aside under the Investments in infrastructure category $715,000.00 Total Amount $715,000.00

Construction Costs Amount
Construction Contract $649,726.51
Construction Contingency (≈10%) $65,273.49
Total Construction Budget $715,000.00

BACKGROUND
Calino Avenue is located west of Puente Avenue and south of the I nterstateb10 Freeway and is an unimproved private residential street. The pavement is in poor condition and does not meet the City - street standards resulting in flooding of the street. There are no curb and gutter s, sidewalks, storm drains nor sanitary sewer availability. Twelve (12) of the homes along Calino Avenue are on septic

Page 2 ends

tank systems. Septic tanks are susceptible to leaks, overflows, and become obstructed if not properly maintained, posing a risk to residents and the environment. Septic tanks are no longer allowed by the State of California when sanitary sewer infrastructure is available.

In 2004, in an effort to address the situation, e ighty-four percent (84%) of the property owners who reside along Calino Avenue signed a petition requesting that the City initiate the formation of an assessment district. On October 20, 2004, the City Council adopted Resolution 2004-073 declaring its intent to construct certain improvements based on the proposed Calin o Avenue Assessment District No. 2004-01. Despite the adoption of the resolution, the proposed formation of the assessment district was not formed due to lack of participation by two propert y owners. The largest property holds two homes and one apartment complex.

However, considering the passage of the American Recovery Plan Act (ARPA), renewed interest from the residents lead to a preliminary review for the feasibly of constructing the improvements by leveraging these funds. This once-in-a-generation infusion of funds provides an opportunity for State, Local, and Tribal governments with the ability to address a broad range of water and sewer infrastructure needs. ARPA provides governments with wide latitude to identify investments in water and sewer.

On December 15, 2021, the City Council authorized the Director of Public Works to execute a request for services agreement with for the civil design and engineering services for sewer and storm drain improvements at Calino Avenue. The City Council authorized the allocation of $1,000,000.00 in ARPA funding for the design and construction of the Calino Avenue Improvements.

On November 2, 2022, City Council accepted plans and specifications and authorized the solicitation of bids by publishing a Notice Inviting Bids (NIB). The NIB was also placed on “PlanetBids”, an online project advertisement website

DISCUSSION
The proposed project consists of the construction of a sewer mainline extension with laterals including cleanouts to 12 of the 14 benefit properties . The project also incudes construction of a storm drain mainlines connected to surface catch basin inlets to relieve the existing flood condition that occurs during rain events. Additional improvements include construction of sidewalk, drain gutters , and reconstruction of the roadway pavement structural section.

A notice inviting bids for the project was advertised in the San Gabriel Tribune as well as on the City’s website bid portal (connected to “Planet Bids”). On November 29, 2022, a total of three (3) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received:

No. Contractor Location Base Bid Amount
1 Stance Construction Company Chino, CA $649,726.51
2 EBS General Engineering, Inc. Corona, CA $967,835.00
3 Palp, Inc. DBA Excel Paving Company Long Beach, CA $1,179,835.00 The lowest responsive and responsible bid was from Stance Construction Company of Chino, California. Staff has checked and verified references and recommends that the City Council move forward with the award of contract for this project. If approved the wo rk is anticipated to commence in January 2023.

Page 3 ends

Upon completion of the project, the newly constructed sewer laterals will be connected from the street to the existing properties along Calino Avenue and the existing septic tanks will be removed as part of a future project.

ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all bids and re-bid the project. This action is not recommended as re -bidding the project will delay the work and may result in increased costs.

2. Provide Staff with alternate direction.

CEQA REVIEW
The subject Calino Avenue Street Improvements Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15 301, Existing Facilities), subsection (c) exemption, which includes Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes) . The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Contract Service Agreement

C-1
Section C

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR

CALINO AVENUE STREET IMPROVEMENTS

PROJECT NO. CIP 22-040

THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this ______ day of ____________________, 2022 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and
"Contractor"). The parties hereto agree as follows:

R E C I T A L S
__________________________ (herein
A. The City requires asphalt concrete pavement, sidewalks, cross -gutters, driveways, longitudinal gutters , Sewer and storm drain system, construction surveying & staking and adjusting utility covers to finished grade . Contractor has represented to the City that Contractor is qualified to perform said services and has submitted a proposal to the City for the same.

B. The City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based o n the foregoing Recitals and fo r good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and 21st
December
Stance Construction Company
C-2
attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section.

1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub-contractors to comply with the provisions of this agreement.

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in C-3
the Scope of Services or make changes by altering, adding to or dedu cting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

2. COMPENSATION

2.1 Contract Sum – For the serv ices render ed pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ($____________________) (herein
"Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. six hundred forty-nine thousand seven hundred twenty-six dollars & fifty-one cents 649,726.51
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3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencemen t of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its C-5
behalf with respect to the work specified herein and make all decisions in connection therewith:
___________________________________
___________________________________
___________________________________
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub-contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at Ahmad Elrabaa - 909.551.5828 / [email protected]
Tahha Elsherif - 626.274.3156 / [email protected]
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any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or C-7
by law, which pertain to the resolution of disputes and protests between the contracting parties.

5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:

Coverage (Check if applicable) Minimum Limits
(X)
Comprehensive General Liability
Insurance (including premises and
operations)
$1,000,000 per occurrence combined single
limit
( )
Contractual Liability Insurance
Products Liability Insurance
$1,000,000 limit
(X)
Comprehensive Automobile Liability
Insurance (includes owned, non-
owned, and hired automobile hazard
$1,000,000 per occurrence combined single
limit
( )
Professional Liability Insurance
(providing for a one-year discovery
period)
$1,000,000 limit
(X)
Workers'
Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per occurrence
CONDITIONS:

In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s C-8
company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company.

However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.

5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith:
a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out C-9
of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agen ts or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.
d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.

5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal C-10
Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the r ight to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

6. RECORDS AND REPORTS

6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

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Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. ENFORCEMENT OF AGREEMENT

7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Disputes – In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shal l not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

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7.4 Waiver – No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Liquidated Damages – Since actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 on page D-10 of the Standard Specifications and the Provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's C-13
fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION

8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: City Engineer

To Contractor: ____________________________
____________________________
____________________________
____________________________

9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason Stance Construction Company
Ahmad Elrabaa
5314 Mariner Ln.

Chino, CA 91710
909-551-5828
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of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)

9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply C-15
with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement C-16
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By: (Print Name)
(Print Name)
Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal
corporation
By:

Emmanuel J. Estrada, MAYOR
ATTEST: APPROVED AS TO FORM:

By:

City Clerk City Attorney
Tahha Elsherif Ahmad Elrabaa
President Vice President
5314 Mariner Ln,
Chino, CA 91710
5314 Mariner Ln,
Chino, CA 91710

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FAITHFUL PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the ______ day of _________________________, 2022 referred to and made a part hereof for: The City requires asphalt concrete pavement, sidewalks, cross -gutters, driveways, longitudinal gutters, Sewer and storm drain system, construction surveying & staking, adjusting utility covers to finished grade, and all appurtenant work in accordance with plans and specifications for PROJECT NO.

CIP 22-040, which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, in the sum of ________________________________________________________________ _____________________ _ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its sub-contractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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Baldwin Park City CouncilDecember 21, 2022

Baldwin Park City Council
December 21, 2022