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HomeMy WebLinkAbout2000 05 17 CC0' . l♦ CITY COIRCIL COMMUNITY REDEVELOPMENT AGENCY ff,]AT 171 2000 .,. . 0.i.. P PACIFIC COUNCIL CHAMBER 14403 E. VALDWIN PARK, CALIFORNIA 91706 ':'�_ • ill. � FIVE (5) MINUTE MAXIMUM SPEAKING TIME LIMIT "No Action or Discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons...'. (Government Code §54954.2) Si desea hablar acerca de cualquier terra, por favor, pase adelante durante Communication Oral. Un interprete estara presente. 1. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Chief of Police B, CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (GC §54956.9(b)(1) Significant exposure to litigation: Number of Cases (1) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 21.5 Acre Site bounded by Big Dalton Ave (west), Merced Avenue on the north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south Negotiating Parties: Agency Negotiating with Lewis Investment Company, LLC Agency Negotiators: Dayle Keller and Arnold Alvarez- Glasman Under Negotiation: Terms and Conditions of Disposition and Development Agreement Study Session Agenda — May 17, 2000 Page 2 2m REPORTS OF OFFICERS A. CITE` CLERK'S DEPARTMENT — STANDARD OPERATING PROCEDURES RELATING TO AGENDA FORMAT, INCLUDING BUT NOT LIMITED TO SPEAKER CARDS AND PUBLIC COMMUNICATION NOTICING (continued from meting of May 3, 2000) B. POLICE DEPARTMENT VERBAL UPDATE • Towing Service • Employee Recruitment • Crime Issues 3, ADJOURN CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY HORSING & FINANCING AUTHORITY MAT 17, 200f, 7,00 COUNCIL CHAMBER 14403 PACIFiC AVENUE BALDWIN PARK, CALIFORNIA 91706 A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL, Councilmembers: Linda Gair, Marlen Garcia, William "Bill" Van Cleave, Mayor Pro Tern Ricardo Pacheco, and Mayor Manuel Lozano E. ANNOUNCEMENTS "i __�1.%; �' ►. �:►lli if �l rr ii 1 ® Introduction of Police Chaplains, Pastor Elmer E. Jackson and Pastor .lose Velasquez Certificates of Appreciation presented to Complete Count Committee members in honor of their contribution to the success of the Census Outreach Campaign in the City of Baldwin Park Proclamation presented to Baldwin Park Senior Citizens Organization members proclaiming the month of May as Older American's Month ® Proclamation presented to the Public Works Department proclaiming the Month of May as Public Works Month in the City of Baldwin Park Agenda — May 17, 2000 Page 2 r � FIVE (5) MINUTE MAXIMUM SPEAKING TIME LIMIT PER SP =AKER "No Action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (Government Code §64954.2) Si desea hablar con el Concilio acerca de cualquier tema, por favor pase adelante durante Communicacion Oral. Un interprete estara presente. s CONSENT CALENDAR Ali 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 Council Member so requests, In which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. A, APPROVAL OF MINUTES Recommendation: April 19, 2000 (Regular & Study Session) B. CLAIMS AND DEMANDS Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2100 -41 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ". Councilman William "Bill„ Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of Interest). C. TREASURER REPORTS — MARCH AND APRIL, 2000 Recommendation'. Receive and file. D, APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION IMPROVEMENTS OF SITYRE PARK, CIP 868 (Continued from May 3, 2000) Recommendation: Continue to June 7, 2000. E. AWARD CONTRACT FOR THE DESIGN AND INSPECTION SERVICES FOR 1999 -2000 CDBG STREET RENOVATION, CIP 862 AND APPROVE AMENDMENT #2 TO H.C. AND ASSOCIATES AGREEMENT Recommendation: Award the contract to H.C. and Associates in the amount of $21,000 for the design and inspection of the 1999 -2000 CDBG Street Renovation, CIP 862, approve H.C. and Associates Amendment #2, and authorize the Chief Executive Officer to execute the amendment. F. APPROVAL OF LETTER OF INTENT TO PROCEED TO PREPARE A COMPREHENSIVE ENGINEERING ANALYSIS FOR IMPLEMENTING ENERGY EFFICIENCY PROGRAM (this matter was tabled from previous meeting of April 19, 2000) Recommendation: Approve the Letter of Intent authorizing Viron Energy Services to proceed to prepare a Comprehensive Engineering Analysis (CEA) proposal for implementing an energy efficiency program; and authorize the Chief Executive Officer to execute the necessary documents. Agenda — May 17, 2000 Page 3 G. AWARD CONTRACT FOR THE RECONSTRUCTION OF FAIRGROVE STREET, MANGUM STREET AND LA RICA AVENUE, CIP 867 Recommendation: Award the contract to Gentry Brothers, Inc. in an amount of $246,34150; authorize the Mayor to execute the agreement; and authorize the Interim Director of Public Works to execute any change orders not to exceed 15% of the original contract amount. H. CLAIM REJECTIONS Recommendation: Reject the claims of Luis G. Carrillo (99 019A) and Benjamin Silva (99 018A) and direct staff to send the appropriate notice of rejection to claimants. SALARY RESOLUTION AMENDMENT — CHIEF EXECUTIVE OFFICER Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000- 42 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2000 -07 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK (CHIEF EXECUTIVE OFFICER) 2, SET NATTERS -PUBLIC HEARINGS (7:00 PM. or as soon thereafter as the matterean be heard) If in the future you wish to challenge the following in court: You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to the public hearing. A. CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM FC TO FC(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTDOOR ADVERTISING STRUCTURE; CASE NO. Z -512; LOCATION 1211 BALDWIN PARK BOULEVARD; APPELLANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING Recommendation: Open Public 1- searing and Continue to June 7, 2000. B. CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM IC TO IC(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTODOR ADVERTISING STRUCTURE, CASE NO. Z -513; AND CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE. THAT WILL ALLOW A PROPOSED BILLBOARD TO EXCEED THE MAXIMUM HEIGHT AND SIGN FACE AREA; CASE NO. ZV -655; LOCATION: 13329 GARVEY AVENUE; APPELLANT- KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING Recommendation: Conduct public hearing. Introduce for first reading, waive further reading, read by title only, and approve Ordinance no. 1160 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM IC TO IC(0) ON APPROXIMATELY 20 FEET OF FREEWAY FRONTAGE AT 13329 GARVEY AVENUE; APPELLANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; CASE NO. 513 ". Agenda — May 17, 2000 Page 4 C. CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM 01 TO 01(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTDOOR ADVERTISING STRUCTURE, CASE NO. Z -514; AND CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE THAT WOULD ALLOW A PROPOSED BILLBOARD TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA AND TO ALLOW LESS THAN THE MINIMUM REQUIRE DFRONT YARD SETBACK, CASE NO. ZV -656, LOCATION. DALEWOOD STREET ADJACENT TO THE SCE. RIGHT OF WAY; APPELLANT: KEN SPIKER AND ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING Recommendatiom Conduct public hearing. Introduce for first reading, waive further reading, read by title only, and approve Ordinance No. 1161 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM Of TO 01(0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE AT DALEWOOD STREET, ADJACENT TO THE SCE RIGHT OF WAY (APN 8564 -003- 002); APPELLANT: KEN SPIKER AND ASSOCIATES; CASE NO. Z- 514". D. CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM 01 TO 01(01) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTDOOR ADVERTISING STRUCTURE, CASE NO, Z -515; AND AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE THAT WILL ALLOW A PROPOSED BILLBOARD TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA AND TO ALLOW LESS THAN THE MINIMUM REQUIRED FRONT YARD SETBACK, CASE NO. ZV -657; LOCATION: 12911 — 12921 GARVEY AVENUE; APPELLANT: REGENCY OUTDOOR ADVERTISING Recommendation: Open public hearing and continue to June 7, 2000. E� CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM 01 TO 01(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTDOOR ADVERTISING STRUCTURE, CASE NO. Z -516; AND AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE THAT WOULD ALLOW A PROPOSED BILLBOARD TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA AND TO ENCROACH WITHIN THE MINIMUM REQUIRE FRONT YARD SET BACK, CASE NO. ZV -658; LOCATION: 843 FRAZIER STREET; APPELLANT: KEN SPIKER AND ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING Recommendation: Conduct Public Hearing. Introduce for first reading, waive further reading, read by title only, and approve Ordinance No. 1163 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM 01 TO 01(0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE AT 843 FRAIZIER STREET; APPELLANT: KEN SPIKER AND ASSOCIATES, REPRESENTING KEN SPIKER AND ASSOCIATES, CASE NO. 516 ". Agenda — May 17, 2000 Page 5 R CITY COUNCIL CONSIDERATION OF A ZONE CHANGE FROM FC TO FC(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT (0) OVERLAY ZONE DESIGNATION TO ALLOW THE INSTALLATION OF AN OUTDOOR ADVERTISING STRUCTURE, CASE NO. Z -518; AND AN APPEAL. OF THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE THAT WILL ALLOW A PROPOSED BILLBOARD TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA AND TO ALLOW LESS THAN THE MINIMUM REQUIRE FRONT YARD SETBACK, CASE NO. ZV -659; LOCATION: 12999 GARVEY AVENUE; APPELLANT: KEN SPIKER REPRESENTING REGENCY OUTDOOR ADVERTISING Recommendation: Conduct Public Hearing. Introduce for first reading, waive further reading, read by title only, and approve Ordinance No. 1164 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM FC TO FC(0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE AT 12999 GARVEY AVENUE; APPELLANT: KEN SPIKER AND ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; CASE NO. 517" 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. CAESAR E. CHAVEZ PLAQUE FOR AMPHITHEATER Recommendation: Review and select design; authorize purchase, approve location for installation, and authorize the unveiling to be in conjunction with a concert in the park series. B. DOWNTOWN CIVIC CENTER STRATEGIC REVITALIZATION IMPLEMENTATION WORK PROGRAM — DOWNTOWN MAIN STREET VISIONS (DMSV) CONTRACT Recommendation: Approve agreement with Downtown Main Street Visions for services to proceed with the requirements to officially establish a property based business improvement district in an amount of $29,500.00, and utilize AB 1693 funds for subject contract. C. APPROVING ISSUANCE BY THE BALDWIN PARK REDEVELOPMENT AGENCY OF (NOT TO EXCEED) $11,000,000 AGGREGATE TAX ALLOCATION REFUNDING BONDS (Related items: Community Redeveiopment Agency Agenda — item 3 -C and Finance Authority Item 3 -A) Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000- 48 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ISSUANCE BY THE BALDWIN PARK REDEVELOPMENT AGENCY OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO" 4. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS A. COUNCIL REQUEST TO DISCUSS POSSIBLE SCHEDULING CONFLICTS FOR COUNCIL MEETINGS DATES OF JUNE 21; 2000 AND JULY 5, 2001: , Agenda — May 17, 2000 Page 6 B. JOINT STATUS REPORT OF CHIEF EXECUTIVE OFFICER AND INTERIM FINANCE DIRECTOR ON FINANCE DEPARTMENT OPERATIONS AND ACTIVITIES SINCE JANUARY, 2000. :. CONSENT CALENDAR All items listed are considered to be routine business by the Agency and will be approved with one motion. There will be no separate discussion of these items unless an Agency Member so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. A. WARRANT REGISTER NO. 507. Recommendation: Approve warrant Register No. 507. 2� SET MATTERS - PUBLIC HEARINGS (7:00 P.M. oras soon thereafter as the matter can be heard) If in the future you wish to challenge the following in court: You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to the public hearing. None 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT (OPA) FOR ABELL -HELOU (Continued from May 3, 2000) Recommendatiom Redevelopment Agency set the guidelines to 30 years, Agency Board's direction is requested. Under State law, 10 years is the minimum required for an affordability test. B. CONSTRUCTION OF 1830 SQ FT BLDG DON HARVIL 4318 MAINE AVE (continued from May 3, 2000) Recommendation: Request to continue to an unspecified date. c. ISSUANCE OF (NOT TO EXCEED) $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF 2000 TAX ALLOCATION REFUNDING BONDS; APPROVING AUTHORIZING AND DIRECTING EXECUTING OF INDENTURE OF TRUST, AUTHORIZING SALE OF BONDS, AND APPROVING OFFICIAL STATEMENT (Related items: City Council Agenda item 3_c and Financing Authority Agenda Item 3 -A) Recommendation: Waive further reading, read by title only and adopt Resolution No. 351 entitled, "A RESOLUTION OF THE BALDWIN PARK REDEVELOPMENT AGENCY AUTHORIZING ISSUANCE OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING 'THERETO, AUTHORIZING SALE OF SUCH BONDS, APPROVING .OFFICIAL STATEMENT, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO". Agenda — May 17, 2000 Page 7 4. AGENCY/STAFF REQUESTS AND COMMUNICATIONS 5, CLOSED SESSION 6. ADJOURN 1. CONSENT CALENDAR All items listed are considered to be routine business by the Agency and will be approved with one motion. There will be no separate discussion of these items unless an Agency Member so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. A. APPROVAL OF MINUTES Recommendation, 2. PUBLIC HEARINGS None Approve April 19, 2000, 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. AUTHORIZING THE PURCHASE AND SALE OF (NOT TO EXCEED) $11,000,000 2000 TAX ALLOCATION REFUNDING BONDS AND APPROVING DISTRIBUTION OF OFFICIAL STATEMENT (Related items: City Council Agenda Item 3 -C and Community Redevelopment Agency Item 3 -C) Recommendation: Waive further reading, read by title only, and adopt Resolution No. FA- 2000 -01 entitled, `A RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF NOT TO EXCEED $11,000,000 PRINCIPAL AMOUNT OF BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, UPON CERTAIN TERMS AND CONDITIONS, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT RELATING THERETO, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO ". 4, AGENCYIBOARDISTAFF REQUESTS AND COMMUNICATIONS 5. ADJOURN CERTIFICATE OF POSTING I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under e ,a' of perjury under the laws of the State of California, that the foregoing agenda was pasted on the City Hall bulletin' b a d at less than 72 hours prior to the meeting. Dated this 11th day of April, 2000. Rosemary M. Rar Deputy City Clerk COPIES OF STAFF REPORTS AND SUPPORTING DOCUMENTATION PERTAINING TO EACH ITEM ON THIS AGENDA IS AVAILABLE FOR PUBLIC INSPECTION AT CITY HALT. AND THE LIBRARY. FOR FURTHER INFORMATION REGARDING AGENDA ITEMS, CONTACT THE CITY CLERIC'S OFFICE AT (626) 813 -5213 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, (626) 960 -4011. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.104 ADA Title II). t CITY OF BALDWIN PARK B_A_L_DW_IN P _ A, R, K TO: Honorable Mayor and City Councilmembers FROM: Dayle Keller, Chief Executive Officer DATE: May 15, 2000 MEMORANDUM SUBJECT: Additional Items for the May 17 Council Agenda At the Council meeting on May 17, 2000, staff will be requesting that the following items be added to the agenda for that evening: A request for the City Council to adopt a Resolution authorizing the Interim Public Works Director to submit a funding request form to the State Department of Conservation's Division of Recycling for funding in the amount of $22,302. Attached is the staff report for consideration. There is a need to submit this application prior to June 1. Further, the application process itself did not come to the attention of the Interim Director of Public Works until late last week. Therefore, it was necessary to bring this item to the Council on May 17. 2. A Closed Session item was inadvertently omitted from your published agenda. That item is entitled "Public Employee Appointment (Section 54957), Title: Director of Recreation and Community Services." The purpose of this Closed Session item is to brief the City Council on the applications which have been received for this position and to obtain direction regarding the selection process. Also attached is some additional information on Items 2A through 2F related to the proposed billboards. - In addition to the above items, Rick Forintos will be forwarding, under separate cover, some additional information related to the CRA item 3 -A, entitled "Amendment to the Owner Participation Agreement (OPA) for Abell- Helou." Please don't hesitate to call if you have any questions on this additional information, or questions about the original agenda materials. C: Executive Team Arnold Alvarez- Glasman, City Attorney Rosemary Ramirez, Deputy City Clerk U 1 pie CITY OF BALDWIN PARK STAFF REPORT BALDWIN 11 -A° R K 1 TO: Mayor and City Council FROM: Shafique Naiyer, Interim Director of Public Works DATE: May 17, 2000 SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE INTERIM DIRECTOR OF PUBLIC WORKS TO SUBMIT FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATIONS DIVISION OF RECYCLING w w This purpose of this report is to request that the City Council authorize the Interim Director of Public Works to submit Funding Request Form to the Department of Conservation's Division of Recycling for Funding Cycle FY1999 -2000, BACKGROUND AND DISCUSSION State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter clean up activities. FISCAL IMPACT The City will be receiving this fund from the State. RECOMMENDATION It. is recommended that the City Council adopt Resolution No. 2000- Authorizing the Interim Director of Public Works to submit Funding Request Form to the Department of Conservation's Division of Recycling, State of California. Shafique Naiyer, Interim Director of Public Works SNlvv CAstaffrpM -37 -00 conservation recycling RESOLUTION NO. 2000 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INTERIM DIRECTOR OF PUBLIC WORKS TO .SUBMIT THE FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities, and WHEREAS, the California Department of Conservation's Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and WHEREAS, per Section 14581 (a)(4)E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and. time in order to request funds from the Department of Conservation's Division of Recycling. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the submittal of the Funding Request Form to the Department of Conservation's Division of Recycling. The Interim Director of Public Works, is hereby authorized and empowered to execute in the name of the City of Baldwin Park all necessary forms hereto for the purposes of securing payments and to implement and carry out the purposes specified in the Section 14581 (a )(4)(A) of the California Beverage Container Recycling and Litter Reduction Act and provide information regarding this program to the Division upon request. APPROVED AND ADOPTED on May 17, 2000. r EM MY i U!. I i Resolution No. 2000 -50 Page 2 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK ) 1, ROSEMARY M. RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2000 -50 was adopted by the City.Council of the City of Baldwin Park at a regular meeting held on May 17, 2000, by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia, William "Bill" Van Cleave, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Norte ABSTAIN: COUNCILMEMBERS: None , Deputy City Clerk DEPARTMENT OF CONSERVATION Recycling City or County Name Eligible Funding Amount Funding Cycle Baldwin Park $22,302 FY 1999/2000 Entity Submitting this form (i,e. City, Lead Jurisdiction or JPA) Mailing Address City State Zip Public Works Department 14403 E. Pacific Avenue Baldwin Park CA 91706 Contact Person I Telephone Fax No, Shaficlue Naiyer, Interim Director of Public Works ( 626 ) 813 -5255 526 ) 962 -2625 Recycling and/or Lifter Reduction Activities: To qualify to receive funds, each activity listed below must meet one or more of the following criteria: (1) Primary emphasis is collection and recycling of beverage containers at large venues; public areas, residential communities or schools. (2) Primary emphasis is public education promoting beverage container recycling and /or litter prevention. (3) Primary emphasis is beverage container/litter abatement in public places including community clean -up projects or other related activities involving the recycling of beverage containers. Please list/deschbe each beverage container recycling andlor litter reduction activity for which the'funds will be expended. 1) Produce and distribute public educational materials promoting the recycling of containers rather than disposal into the waste stream. 2) Purchase and distribute miscellaneous promotional items promoting recycling and litter abatement at City facilities . and major public outreach events -scheduled throughout the year such as the Citywide Open House, Anniversary Celebration, Cinco -De -Mayo Celebration, etc. 3) Purchase and use /display of end -use products at City facilities. Has your city /county prohibited the siting of a supermarket site recycling center? NO Has your city /county caused a supermarket site recycling center to close its business? NO ® Has your city /county adopted a land use policy that restricts or prohibits the siting of a supermarket site recycling center within its jurisdiction? NO ® Has your city /county received funding from the Department of Conservation, Division of Recycling's — Grant Program? NO If yes, which year? E SUBMISSION OF FALSE INFORMATION KITH INTENT TO DEFRAUD IS A CRIME PUNISHABLE BY SUBSTANTIAL FINES, UP TO THREE YEARS IMPRISONMENT, OR BOTH. KNOWING THIS, I CERTIFY UNDER PENALTY OF PERJURY rHAT THE FACTS REPRESENTED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Representative >ity or County Name '.ity of Baldwin Park to Expend Funds (Named on Date ,5 12-412000 ietum this form by May 31, 2000 to: Division of Recycling, Industry Services Branch, City /County Payments, 301 K Street, MS 15 -59, Sacramento, CA 95814 Page 1 of 2 a DEPARTMENT OF CONSERVATION Division of ARecycling The City of Baldwin Park Total Funds Available: $22,302 provide estimated funding amounts, by expense category for each beverage container recycling indlor litter reduction activity listed on the front of this form: Expense Category- Estimated Expenditure- 3romotional items: Educational and outreach materials $4,000 brochures, pamphlets, etc.) for public distribution. �Iromotional Items: Items such as magnets, pencils, etc. for $4,000 )ublic distribution. 2romotional Items: Purchase and display of end -use products $6,802 A City facilities. ..abort Part-time City staff $7,500 Total Estimated Expenditures: $22,302 luestions regarding this form should be directed to the Industry Services Branch (916) 327 -7361. DOR 52 1100 Page 2 of 2 %% Rulso", COUNCIL CHAMBER So I (*,* a 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 Ul I Y UUUNUIL AUtIVUA 00 APRIL 19, 2000 WEDNESDAY 7:00 PaM, The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL: Present: Council Members, Linda Gair, Marten Garcia, William "Bill" Van Cleave, Mayor Pro -Tem Ricardo Pacheco, and Mayor Manuel Lozano. Also Present: Arnold Alvarez- Glasman, City Attorney; Dayle Keller, Chief Executive Officer; Mark Kling, Captain; Mike Stedman, Captain; Jose Sanchez, Interim Finance Director; Shafique Nayier, Interim Public works Director; Rick Forintos, Interim Community Development Director; Mike Salas, Interim Recreation /Community Services Director; and Rosemary M. Ramirez, Deputy City Clerk. Absent: Kathryn V. Tizcareno, City Clerk; Ana Montenegro, City Treasurer; Richard LeGarra, Chief of Police. PROCLAMATIONS /COMMENDATIONSIPRESENTATIONS CERTIFICATE OF APPRECIATION — LUCIA ENCISO 49TH ANNUAL CHAMBER OF COMMERCE AWARD RECIPIENTS SERVICE AWARD — OLGA MORALES SERVICE. AWARD DOLORES HOLGUIN Mayor Lozano was joined by the City Council in recognizing the following individuals: A Certificate of Appreciation was presented to Lucia Enciso for her dynamic performance of the Star Spangled Banner, at the City Council Meeting of April 5, 2000. Awards of Excellence were presented to the 49�h Annual Chamber of Commerce, "Best of the Best" Award Recipients as follows: • Baldwin Park Police Department Explorer Post #654 1999 Hall of Fame Award; • Marilyn Ghirelli, 1999 Lucky Baldwin Park Service Award (accepted by Dr. Susan Parks); • Danny Wagner, Young Citizen of the Year 2000; and • Cathy Kwan, Young Citizen of the Year 2000; and • Ralph Nunez, 9999 Citizen of the Year A service award was presented to Olga Morales for her service as a Housing commissioner. A service award was presented to Dolores Holguin for her service as Planning Commissioner. Dolores Holguin was not present however, Mayor Lozano accepted the award on her behalf. City Council Minutes —April 19, 2000 RECOGNITION AWARD — RICHARD ESPINOZA AWARD OF EXCELLENCE — DR. SUSAN PARKS RECOGNITION AWARD — PJETT VERGARA RECOGNITION AWARD — BENEDICTO Z. VERCELES JR. CERTIFICATES OF ACHIEVEMENTS - GLADYS YUNE, MAI MORRIS, AND MARIA MONTES PROCLAMATION — NATIONAL LIBRARY WEEK NEWLY APPOINTED POLICE PERSONNEL Page 2 A recognition award was presented to Richard Espinoza in honor of his appointment as Commissioner to the Rio Hondo Superior Court Commission, Division 3. An 'award of excellence was presented to Dr. Susan Parks in honor of being named "Woman of Distinction - City of Baldwin Park" in commemoration of Women's History Month, by Senator Hilda Solis. Mr. Vergara was not present therefore, the award acknowledging his term as past 1999 -2000 President of the Taboa Association of Southern California, will be forwarded to him. Mr. Verceles was not present therefore, the award acknowledging him as newly elected President of the Taboa Association of Southern California, will be forwarded to him. Certificates of Achievement were presented to the following individuals in recognition of receiving their teaching credentials and for selecting the City of Baldwin Park in which to contribute their talents: Gladys Yune, Mai Morris, and Maria Montes. A proclamation was presented Rafael Gonzalez, of the Los Angeles County Library, Baldwin Park, proclaiming April 9 -15, 2000 as "National Library Week" in the City of Baldwin Park. Mr. Gonzalez accepted a certificate of recognition on behalf of Librarian Cynthia Ham, who was nominated as an award recipient of the Charlotte Award. Captain Kling introduced and presented the newly appointed police personnel as follows: Officer Rudy Campos, is a resident of the City of Baldwin Park. He attended Mark Keppel High School in Alhambra, and graduated in 1996. Officer Joshua Hendricks was born in Montebello, California He resides in Lake Elsinore. He graduated from Temescal Canyon High School in 1994. Mayor Lozano and the City Council congratulated the officers on their appointment and welcomed them to the City of Baldwin Park. City Council Minutes —April 19, 2000 RESIDENT CONCERNS Page 3 Cadet Erik Huizar and Cadet Rubia Pereira were not present and rescheduled introduction for the meeting of May 3, 2000. PUBLIC COMMUNICATIONS POLICE CHIEF AND STAFF THANKED CITYNEXUS.COM POLICE DEPARTMENT ISSUES Lucy Scott, resident spoke regarding various issues. Emma Moonyham, resident thanked Police Chief LeGarra and the Police Department personnel for their support with the Women's Club activities. Ed Casanova inquired about the CityNexus.com proposal. Hilario Sanchez, resident recently had a situation involving his pet dog and the police department. Mr. Sanchez inquired about city codes relating to this matter. This subject matter was referred to Planning staff and Chief Executive Officer Keller. CONSENT CALENDAR CONSENT CALENDAR ITEMS REMOVED Deputy City Clerk Ramirez presented the Consent Calendar as follows: Councilwoman Gair asked that the following item be pulled for discussion: 1j Item 1 -D, REQUEST INCREASE TO THE AMOUNT OF SILENT SECOND ASSISTANCE Mayor Pro -Tern Pacheco asked that the following item be pulled for discussion: 1 Item 1 -C, APPROVAL OF LETTER OF INTENT TO PROCEEED TO PREPARE A COMPREHENSIVE ENGINEERING ANALYSIS FOR IMPLEMETING ENERGY EFFICIENCY PROGRAM Minutes of April 5, 2000 were approved as presented. Further reading was waived and Resolution No. 2000- 27 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ", was adopted. Councilman Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). City Council Minutes — April 19, 2000 OPPOSITION TO Sg 2163, THE "NOT MILK' BILL AND SB 2164, LOWERING MILK QUALITY & NUTRITION STANDARDS BILL ASSEMBLY BILL 2110 RELATING TO GRAFFITINANDALISM SUMMER LUNCH PROGRAM AGREEMENTS APPROVAL OF CONSENT CALENDAR Page 4 City Council declared its opposition to SB 2163 and SB 2164, and authorized the Mayor to execute the letters of opposition. City Council approved the support for Assembly Bill 2110 and provided letters of endorsement to the State Public Safety Committee, the State Assembly Standing Committee, and Assemblyman Rod Pacheco. City Council authorized staff to submit an application to the State of California, Department of Education to participate in the 2000 Summer Food Services Program. The Agreement with the El Monte Union High School District for the preparation of program meals was approved and Interim Director Salas was authorized to execute the necessary documents. A motion was made to approve the consent calendar as presented. MOTION: Councilwoman Garcia SECOND: Mayor Pro -Tem Pacheco Motion carried. CONSIDERATION OF CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL OF LETTER OF INTENT TO PROCEEED TO PREPARE A COMPREHENSIVE ENGINEERING ANALYSIS FOR IMPLEMETING ENERGY EFFICIENCY PROGRAM REQUEST INCREASE TO THE AMOUNT OF SILENT SECOND ASSISTANCE A motion was made to table this item to May 17, 2000. MOTION: Mayor Pro -Tem Pacheco SECOND: Councilwoman Gair Motion carried. Councilwoman Gair asked if the loan increase could be lowered to $16,0001$30,000 per loan rather than $20,0001$40,000. Housing Rehabilitation Coordinator Mike Cravens stated that the thought could be entertained however, staff met with three exclusive lenders that were approved by Council. Coordinator Cravens stated that they have only done two loans that pertain to the silent second for the year 2000. Coordinator Cravens added that in 1995 the average sales price of a home was $115, 000 five years later the sales price today is $151,000. The interest rate has increased 2.5; the income eligibility in the program amount has going only gone up 1.6 percent. The average buyer is qualifying for $100,000 to $110,000. A motion was made to approve the increase in GAP financial assistance from $20,000 to $40,000 per loan. City Council Minutes — April 19, 2000 MOTION: Councilwoman Gair SECOND: Councilman Van Cleave Motion carried. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES WIN 1105 1 M 21"R MA loon a 1007AP, re-] 'a# r.lil PROPOSED METORLINK PARKING FEES Page 5 Captain Stedman presented the report: as follows: Our Crime Free Multi - Housing Program entails a "task force" orientation with an inclusive approach to solving blight and criminal problems. We envision a task force made up of many departments in our city government, including police, fire, code enforcement, and building and safety. The task force identifies locations where blight and/or criminal conduct are problems. One key component to the success of such a program is an experienced and knowledgeable city prosecutor. Prosecutorial action is generally a last and final resort, but essential where cooperation cannot be obtained through request. A budget request will be made for the upcoming fiscal year to cover these expenses out of the police budget. Staff requests City Council approval to solicit requests for proposals (RFP) for a city prosecutor services provider. Councilwoman Gair stated that she supports this program provided that the city has funds to proceed and that departments are included and not duplicate their efforts. A motion was made to approve sending out request for Proposals (RFP) for city prosecutor services. MOTION: Councilwoman Gair SECOND: Councilman Van Cleave Motion carried. Transit Coordinator Kara Bouton presented the report as follows: At the request of the City Council, staff has researched the possibility of charging for parking at the Metrolink station. The Metrolink Station at the City of Baldwin Park is currently used to capacity with many commuters using street parking to access the station. The City also has a Park and Ride lot at the intersection of Ramona Boulevard and Badillo Street. This report addresses only the possibility of charging for parking in the lot adjacent tot he Metrolink Station. The City of Covina currently charges for parking at their station, the rates they charge are $20.00 for non- residents and $10.00 for residents. This has not diminished demand for parking in Covina as they sell out of parking permits every month, The benefit of charging for parking in Baldwin City Council Minutes — April 19, 2000 AWARD CONTRACT FOR AUDITING SERVICES FY ENDING JUNE 30, 2000 Page 6 Park is that we would be to cover some of the costs associated with the station, which are currently being paid out of Proposition A funds. Staff recommends that the City Council select an alternative as outlined in memorandum dated April 19, 2000. Mayor Pro -Tern Pacheco asked that a cost analysis be brought back to the City Council for review. A motion was made to charge a $20.00 per month for non - residents and $10.00 per month for residents. MOTION: Mayor Pro -Tem Pacheco SECOND: Councilwoman Garcia NOES: Councilwoman Gair and Councilman Ilan Cleave. Motion carried. Interim Director Sanchez presented the report as follows: The City conducted a request for proposal process for audit services beginning with the fiscal year ending June 30, 2000. Fourteen RFP's were mailed and three responses were received. The three proposals were carefully rated based on a criteria based methodology. The fart of Lance, Soil & Lunghard was found to be the most qualified bidder based on all criteria. A reference and background check was conducted by contacting those cities listed as clients of the current and past. All cities contacted had favorable comments with regard to the services they have provided. The City is considering awarding the audit contract for a five -year period Since the City is changing auditors after a six - year period, it would be in the City's best interest to award the new audit contract for a three -year period initially, with a one -year extension option for each of the remaining two years. Copies of the proposals and the rating worksheets used in the evaluation are on file in the office of the Director of Finance should the City Council wish to review them. It is staff recommendation to award a Five -year contract to Lance, Soil & Lunghard for auditing services beginning with the fiscal year ending June 30, 2000, at the cost of $41,860.00 per /year; and 2) authorize staff to develop and prepare an agreement for the Mayor's signature, that is consistent with the proposal for audit service and fees. Mayor Pro -Tem Pacheco did not agree with the Staff's recommendation and recommended hiring Vasquez & Farukhi & Company. City Council Minutes —April 19, 2000 Page 7 Councilwoman Gair stated that Vasquez & Farukhi & Company do not indicate that they are certified public accounts and that their audit manager just recently passed his CPA examination and is not yet certified. Councilwoman Gair also brought up the fact that their Senior Auditor is not certified public accountant. Councilwoman Gair also stated that Vasquez & Farukhi & Company do not have the experience for similar audits size and structure. Councilwoman Gair also pointed out that the city would be looking at $15,000 extra overall and she does not think that Vasquez & Farukhi & Company meet the criteria that was set forth. Mayor Pro -Tern Pacheco stated that he contacted a listed reference, John Ornelas, City Manager of the City of San Fernando. Mr. O.rnelas stated that he was very satisfied with Vasquez & Farukhi's performance. Mayor Pro -Tern Pacheco stated that Vasquez & Farukhi & Company do have a certified public accountant. Mayor Pro -Tem Pacheco stated that he feels they are a qualified company. Councilwoman Gair stated that Vasquez & Farukhi & Company should have indicated all their qualifications in their bide She further she opposed to going against staff's recommendation which is to award the contract to a firm who is the lowest bidder with the highest qualifications. Gilbert Vasquez, Managing Partner of Vasquez & Farukhi & Company stated that in their 30 years of business they have never been sued nor have they have had a complaint filed against them. They currently do the audits for the City of San Fernando. Mr. Vasquez stated that the City of San Fernando is very satisfied with their work. In addition, our firm does the audit for the City of Gardena. Vasquez & Farukhi has completed the City of Garden's audit on time for the first time in ten years. Mr. Vasquez stated that Vasquez & Farukhi & Company also do the audit for Metrolink, the audit for Rio Hondo Community College, for the last ten years. Mr. Vasquez stated that he is also the President of the State Board of Accountancy, which is the body that licenses and overseas all the CPA's in California. Mr. Vasquez stated that he believes that they are immanently qualified to conduct this audit. Councilwoman Garcia stated that she also had an opportunity to call the City Manager of the City of San Fernando, Mr: Ornelas, City Manager for the City of San Fernando stated that Vasquez & Farukhi came into the City on a 312 vote, they ranked 5 out of the 9 firms that applied for the contract. The Firm has now been City Council Minutes —April 19, 2000 Page 8 there nine years; they have brought value to the City. The firm is also very professional and excellent to work with. The City of San Fernando is very satisfied with their product that this firm has to offer. The finance staff is very happy with the firm. Councilwoman Garcia also stated that this firm provides education sessions for City Council and staff. Councilwoman Garcia stated that she. is very impressed with this firm and is in support of contracting their services. Councilwoman Gair asked Mr. Vasquez if the Audit Manager and Senior Audit Manager that will be assigned the audit in Baldwin Park, are Certified Public Accountants. Mr. Vasquez stated that the Audit Manager has passed his CPA exam and has all the prerequisite experience to obtain her certificate. Mr. Vasquez assured the council that their auditors have the experience and skills to perform the task. Councilwoman Gair asked Mr. Vasquez if his audit firm has experience in conducting audits for a city similar in size as Baldwin Park. Councilwoman Gair also asked Interim Finance Director Sanchez if the other auditing firms were invited to the City Council meeting. Interim Finance Director Sanchez stated that they were not. The objective was for council to award the contract as recommended, and authorize staff to prepare the contract for the mayor's execution, Upon the Mayor's execution of the contract, the selected firm would be, brought hack and introduced to the Council. Councilwoman Gair asked Mr. Vasquez if this was his normal practice to show up at Council meetings when they think they are being declined. Mr. Vasquez stayed that it is not their normal practice but they do it from time to time. Mr. Vasquez stated that they were not invited however, their firm took the liberty to attend this meeting, which was noted in the RFP. Interim Finance Director Sanchez stated that he also contacted the City of San Fernando and spoke with the Finance Director. Director Sanchez asked about Vasquez & Farukhi and the Finance Director stated that everything was going fine. The first year was a little difficult to get through because they were somewhat limited in their experience but after a trial and error everything started to work out okay. City Council Minutes — April 19, 2000 Page 9 Director Sanchez stated that Vasquez & Farukhi does not prepare for the City of San Fernando and that is the CAFR (comprehensive annual financial report), rather it is prepared by their in -house staff. Director Sanchez explained that is a very important issue especially because staff is not positioned to this in terms of staffing experience and qualifications required to prepare the CAFRP report. Director Sanchez stated that the City has to rely on the auditors for that. Director Sanchez further stated that Vasquez & Farukhi & Company does not have the experience that it takes to conduct an audit for a City of this size. In addition they are higher in cost than the other firms. Councilman Van Cleave stated his opposition to Mayor Pro -Tern Pacheco's recommendation to select Vasquez & Farukhi & Company stating that the two other firms were Certified Public Accountants that would be assigned to Baldwin Park and the representatives firm of Vasquez & Farukhi & Company would not be certified Public Accountants, After lengthy discussion, a motion was made to not accept staff's recommendation of awarding the contract to Lance, Sall & Lunghard but rather, award the contract to Vasquez & Farukhi & Company. MOTION: Mayor Pro -Tern Pacheco SECOND- Councilwoman Garcia NOES: Councilwoman Gair, Councilman Van Cleave Motion carried. SISTER CITY PROGRAM Deputy City Clerk Ramirez presented the report as follows: At the City Council meeting of April 5, 2000, Councilwoman Garcia requested that this matter be brought back to the City Council for consideration /action. It is staff's understanding that the City of Baldwin Park has previously established a Sister City relationship with the City of Valle Del Bravo, Mexico. Interaction between the two cities has been inactive for approximately 10 years. Discussions were held by the City Council as recent as 1998, and also in 1993, with regards to establishing a Sister City with the City of Hubei, China and with the City of Chipata, Zambia. There are no records indicating however, that a relationship was ever established with either of these cities. Most recently, Councilwoman Garcia has indicated that she has been contacted by citizens regarding establishing a relationship with cities in Mexico. The benefits of becoming a member of the U.S,/Mexico organization would be the assistance it City Council Minutes — April 19, 2000 . AMOMM provides in establishing a program with a city in Mexico. The application fee is $175.00. A similar organization could not be located that is directly associated with China, however we have contacted the Sister Cities International (SCI) Organization which provides assistance in establishing sister city programs in various countries, including Mexico and China. The membership fee for this organization is $480.00. Information was obtained from the organization's website at www.sister- citie§,._ . Initial research indicates that cities have formed one of two methods. Some cities operate the program directly, such as the City of Commerce. The majority of the cities, such as Norwalk and South El Monte, operate their programs through independent committees. Staff is requesting direction regarding 1) Status of existing relationship with City of Valle Del Bravo, Mexico; 2) Concept desired for Sister City program, i.e., independent committee vs. continued City Sponsored; 3) Determination of membership in either the U.S. /Mexico Sister Association or the Sister Cities International Organization; and 4) Authorize staff to proceed with additional research in order to bring back a specific recommendation. A motion was made to disband the existing association with Vista Del Bravo; and to establish an association with Mexico only; form an independent committee and submit an application to US /Mexico for the amount of $175.00 for membership fee. MOTION: Mayor Lozano SECOND: Mayor Pro -Tem Pacheco Motion carried. CEASAR CHAVEZ AMPITHEATER PLAGUE Interim Director Salas presented the report as follows: This report is an update in regards to the bronze plaque and/or public art piece to be placed at the Cesar E. Chavez Amphitheater in Morgan Park. On February 21, 1996, the City Council dedicated and renamed the Morgan Park Amphitheater to the Cesar E, Chavez Amphitheater. While informal discussions of a plaque took place by the City Council at that time, there is no evidence that style or design was discussed or approved. Consequently, a plaque has not been installed for unveiling. Staff recommends that the City Council 1) Authorize staff to continue the bidding process for such plaque; 2) Direct staff as to how soon this project is to be completed; and 3) If time permits, make arrangements for the presentation to take place at the upcoming "Cinco de Mayo" celebration on May 6, 2000. City Council Minutes —April 19, 2000 PROPOSED MORATORIUM ON TACO STANDS USES PROPOSED MORATORIUM ON MEDICAL OFFICES USES WITHIN DOWNTOWN BUSINESS DISTRICT TIME EXTENTION ON EXISTING TOWING SERVICE AGREEMENTS Page 11 A motion was made to accept staff's recommendation and if possible, have the plaque completed and unveiled at the Cinco De Mayo celebration to be held May 6, 2000. MOTION: Mayor Pro -Tern Pacheco SECOND: Councilwoman Garcia Motion carried. Interim Director Forintos presented the report as follows: At its meeting of April 5, 2000, the City Council expressed an interest in establishing a moratorium on new businesses selling Mexican Food throughout the City° This proposed moratorium is the result of a perception that the City does not have a balance of different types of restaurants throughout the City. As the Council members are aware, moratoriums are generally adopted to stop `out -of- control' development and businesses that can be construed as a threat to the public health, safety and welfare of the community. As part of the moratorium, staff is proposing to complete research dating back several years to make a determination on the yearly increase in the number of establishments selling Mexican food (taco stands). Furthermore, staff will consult with the Licensing Department regarding the different types of restaurants that sell Mexican Food and make a determination as to which types of businesses the moratorium would apply. A motion was made to receive and file. MOTION: Councilman Van Cleave SECOND: Councilwoman Gair Motion carried. Mayor Pra -Tern Pacheco questioned the proposed moratorium, stating it would be adverse to the objective of the Economic Development goals of the City. After lengthy discussion a motion was made to receive and file. MOTION: Mayor Lozano SECOND: Mayor Pro -Tem Pacheco Motion carried. Captain Kling presented the report as follows: In lieu of renewal of the existing contracts, a ninety - (90) day extension is requested. Staff is currently preparing a franchise tow service agreement, which will replace the current contract. A Franchise type of an agreement will result in a significant increased benefit to the City. City Council Minutes — April 19, 2000 Page 12 This revision will be completed within ninety (90) days and will be available for implementation on a date to coincide with the start of the new fiscal year. Basura's Towing, a provider under the existing agreement, is ceasing business operations upon expiration of their current contractual obligation. Therefore, Basura's towing will be excluded from the requested ninety (90) day extension. Staff recommends the City Council approve the proposed ninety -(90) day extension of the existing contractual agreement between the City and Albert's Towing, Budget Towing, Royal Coaches Towing, and Freddie Mac's Towing A motion was made to approve a ninety -day extension. MOTION: Councilman Van Cleave SECOND: Councilwoman Gair Councilman Pacheco requested discussion on this matter: Mayor Pro -Tem Pacheco stated that Basura's Towing Company is no longer in business in the City. Councilwoman Garcia asked if it would be possible to narrow down the contracts to just one company. Councilman Van Cleave responded that it would not be possible, especially because the City uses these companies on a rotating basis. Captain Kling informed the Council that staff is seeking a 90 -day extension only so that the specifics of a new contract can be worked out. Staff's recommendation is not intended for the purpose of making changes to current list of companies. A complete towing contract will be brought back to the Council for approval. Mayor Pro -Tem Pacheco expressed concern with the monetary amount that a victim pays for vehicle release and storage fees and asked that this matter be considered in the contract drafting process. Captain Kling stated that a policy is in place that waives vehicle release fees to victims of stolen vehicles etc., as well as the policy of staff promptly notifying the victim such as to avoid storage fees for a great length of time. The storage fees charged by each of the towing service is competitive however, can be discussed with each agency. Captain Kling stated that Albert's Tow Company was one of the companies that is on the contract and is still in business; it is Basura's Towing that went out of business. City Council Minutes -- April 19, 2000 Page 13 Upon inquiry for clarification by Attorney Alvarez - Glasman, Mayor Lozano stated that the Council does not desire to renew with Albert's Tow. In response to Councilwoman Gair's inquiry, Mayor Lozano stated that the motion was to authorize a 90- day extension to three companies, Budget, Royal Coaches and Freddie Mac. Albert's Tow will be excluded. A substitute motion was made to approve the extension however, remove Albert's Towing from the extension. MOTION: Councilwoman Garcia SECOND: Mayor Pro Tern Pacheco Motion carried. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS POLICE DEPARTMENT COMMENDED Councilwoman Gair congratulated Police Department ON SECURING $80K GRANT on successfully acquiring an $80,000 grant for computers. ICRMA CONFERENCE Councilwoman Gair spoke of the great ICRMA conference she and Risk Manager Mesa had recently attended in Cathedral City. ICE CREAM VENDOR NOISE ENFORCEMENT Councilwoman Gair stated that some Ice Cream Truck vendors are operating with exceptionally high music volumes and requested that the Business License Department notify all of these vendors of the noise (loud music) ordinance. BALDWIN PARK SCHOOL DISTRICT MULTI - CULTURAL EVENT GOOD WILL PROCLAMATION UPCOMING LEAGUE CONFERENCE FREEWAY TASK FORCE QUAD'S CARWASH Councilwoman Garcia announced the upcoming School District's Multi - Cultural Fair to be held May 18, 2000, from 9:00a.m. — 12:00p.m. Councilwoman Garcia requested that a proclamation be prepared and mailed to Goodwill Industries, proclaiming May 3 79, 2000 as "Good Will Industries" week. Councilwoman Garcia announced the upcoming League Leadership Conference on June 7 -9, 2000 at Bass Lake. If interested, registration is required for three members to attend. Councilwoman Gair, Mayor Pro- Tern Pacheco, and Mayor Lozano will attend. Mayor Pro -Tem Pacheco gave an update on the Freeway Task Force, stating that the next meeting will be held on May 3, 2000 at 9:30 a.m. Mayor Pro -Tem Pacheco inquired on the status of Quan's Carwasha City Council Minutes — April 19, 2000 COUNCILMAN VAN CLEAVE THANKED CITY COUNCIL CENSUS OUTREACH CAMPAIGN PLAQUE REQUEST Approved as presented by the City Council at their Meeting held May 17, 2000. Rosemary M. Ramirez Deputy City Clerk Page 14 Councilman Van Cleave thanked City Council for authorizing to provide transportation over the weekend for Baldwin Park Beautiful. In conjunction with the clean -up, Census materials were distributed by the volunteers. Councilman Van Cleave commended staff thanked staff for a successful Census Outreach Campaign. Mayor Lozano requested a plaque for the Family Services Center and Central Park Vilest. This matter to be discussed at a later date. There being no further matters before the Council, the meeting was adjourned at 10:00 p.m., in the memory of Gloria Robles. COUNCIL CLAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 APRIL 19, 2000 WEDNESDAY 6:00 P.M. The CITY COUNCIL and COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in STUDY SESSION at the above time and place, ROLL CALL: Present: Council /Agency Members: Linda Gair, Marlen Garcia, William "Bill" Van Cleave, Mayor Pro Tem/Vice Chairman Ricardo Pacheco, Mayor /Chairman Manuel Lozano. Also Present: Arnold Alvarez- Glasman, City /Agency Attorney; Dayle Keller, Interim Chief Executive Officer /Executive Director; and Rosemary M. Ramirez, Deputy City Clerk. SEIU EMPLOYEES CONCERNS Cris Aguilera, representative of SEIU employees expressed concern with the meeting and council process, specifically the conduct of the City negotiator Richard Kreider. Jason Elias, union representative for SEIU #347 district, stated that he sent out a letter to City Council. The letter asked for City Council support and assurances, that the City's negotiations would enter upcoming negotiation sessions. During negotiations they would have the ability to make decisions and deal with SEIU employees in a fair and respectful manner. CLOSED SESSION The Council/Agency recessed to Closed Session at 6:03 p.m. and reconvened at 7:10 p.m., with all members present. City Attorney Alvarez- Glasman reported the action as follows: CONFERENCE WITH LABOR Agency Jose Mesa, Personnel /Risk Manager, NEGOTIATOR — GC §54957..6 Negotiator: Jose Sanchez, Interim Finance Director and Attorney Richard Kreider Employee SEIU; Professional and Technical Organization(s): Employees; Police Management Employees; Confidential Employees; General Management Employees ACTION-. A meeting was. set for April 26, 2000. Organizations to be advised, Study Session Minutes - -APRIL 19, 2000 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION — GC §54956.9 PUBLIC EMPLOYMENT GC §54957 'CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (GC §54956.9 (c)) CONFERENCE WITH REAL PROPERTY NEGOTIATOR — GC §54956.3 Page2 Name of Case: Joseph Russell vs. City of Baldwin Park ACTION: No final action taken, will be brought back for discussion /action at another time. Title: Chief Executive Officer ACTION: City Council appointed Interim Chief Executive Officer Dayle Keller as new Chief Executive Officer. Initiation of Number of cases (1) litigation: ACTION: No final action taken. Nothing further to report. Property; 21.5 Acre Site bounded by Big Dalton Ave (west), Merced Avenue on the north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south Negotiating Agency Negotiating with Lewis Parties: Investment Company, LLC Agency Dayle Keller and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiation: and Development Agreement ACTION: Matter was continued to April 26, 2000 at 5:30 p.m. CITY CLERK'S DEPARTMENT -- ACTION: This matter was continued to STANDARD OPERATING May 3, 2000 at 5:30 p.m. PROCEDURES Study Session Minutes — APRIL 19, 2000 Approved as presented by the City Council at their meeting held May 3, 2000. Rosemary M. Ramirez Deputy City Clerk Jose,. Sanchez Agency Secretary There being no other matters before the Council, the meeting was adjourned at 7:11 p.m. Page3 CITY COUNCIL AGENDA RESOLUTION NO. 2000 -41 MAY 1 7 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY .,,�► OF BALDWIN PARK ALLOWING CLAIMS AND ITEM NO. DEMANDS AGAINST THE CITY OF BALDWIN PARK THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. JOSE SANCHEZ, INTERIM FINANCE DIRECTOR SECTION 2, That the payroll of the City of Baldwin Park consisting of check numbers 105044 to 105358, inclusive, voids: 105026, 105044, and 105047 for the period of April 16, 2000 through April 29, 2000 inclusive, has been presented and hereby ratified, in the amount of $361,768.99. SECTION 3. That General Warrants, including check numbers 116364 to 116567 inclusive, in the total amount of $474,528.25 constituting claims and demands against the City of Baldwin Park, have been presented to the City Council as required by law, and the same hereby ratified. APPROVED AND ADOPTED May 17th, 2000. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK ) 1, City Clerk/Deputy of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on May 17th, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK/DEPUTY City or Baldwin Park May 08, 2060 05:36pm Page 1. Check Ristory. Bank AP Check Dates 00/46/00 to 99/99/99 Check #'s 116364 to 1:6567 Vend.# Vendor Dame Hank Check# Chk Date Check Amount Sep 2217 AAA YELLOW CAP AP 116365 04/26/00 35.00 Claim#F General Description 30304 OVERPAY - FINGERPRINTS PC# Stat Contractor Invoice# Invc Dt . Gross Amount Discount Amt Discount Used Net Amount 0 04/25/00 35.00 0.00 35.00 GL Distribution Gross Amount Description GL Distribution 0.00 100 -00 -4030 35.00 OVERPMT 47417 04/18/00 -------------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name 1 RA PEN WARE DIGITAL SIGNATURE Hank Check# Chk Date Check Amount Sep 4537 ALCO PRO Amount AP 116366 04/26/00 253.10 Claim#} General Description 30306 ALCO SENSOR MOUTHPIECES PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6339 C 47416 04/18/00 200.00 GL Distribution 0.00 200.00 47417 04/18/00 53.10 1 RA PEN WARE DIGITAL SIGNATURE 0.00 53.10 GL Distribution Amount Gross Amount Description 131 -1..3 -5724 100 --23 -5210 253.10 1 BX ALCO SENSOR IV MOUTHPIECES (1000 COURT) PO Liquidation Chk Date Check Amount Sep Amount AP 116368 04/26/00 315.00 160 -23 -5210 200.00 Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 4455 ALP14A CARD SYSTEMS COMPUTER QUICK CORP AP 116367 04/26/06 465.06 Claim# General Description 30307 PEN WA R2 DIGITAL SIGNATURD PAD PO# Stat contract# Invoice# Tnvc Dt Gross Amount Discount Ant Discount Used Net Amount 6228 C 34310 -1 02/23/DD 465.06 0.00 465.06 GL Distribution Gross Amount Description 131 -13 -5724 465.06 1 RA PEN WARE DIGITAL SIGNATURE PAD PG Liquidation Amount 131 -1..3 -5724 465.06 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3256 ALVARBZ- GLASMAN & COLVIN AP 116368 04/26/00 315.00 C]_aim## General Description 3041,9 PROFESSTONAL SRV -MARCH J31LLBOARDS & PRS AREA MERGER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt. Discount Used Net Amount 0 04/26/00 315.00 0.06 315.00 GL Distribution Gross Amount Description i00 -04 -5010 315.00 MARCH SRV CCS.AP Accounts Payable Release 5.6.3 N- APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 2 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN AP 116369 04/26/00 12,993.65 Y Claim# General Description 30,110 PROFESSIONAL SRV RENDERED T14RU 3/00 GENERAL MATTERS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/60 12,993.65 0.40 12,993.65 GL Distribution Gross Amount Description i00 -04-5010 12,993.65 GEN MATTERS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 64 AMERICAN PRFSS (AMERICAN PRESS) AP 116370 04/26/40 221.91 Cjaa.m# General Description 30308 BUSINESS CARDS PO# Stat Contract# invoice# Invc Dt: Gross Amount Discount Amt Discount Used Net Amount 6415 C 29909 04/D6/DO 221,91 0.00 221.91 GL Distribution Gross Amount Description 131 -14 -5440 -060 7.16.91 4 ST BUSINESS CARDS (MAN-DEL CARILLO, SALVADOR LOPEZ, NADEEM SYED, TIMOTHY BLAIR) 250 PER SET 131 -14 -:5440 -060 105.06 3 ST BUSINESS CARDS (MARCOS MENDEZ, BALDWIN PARK JULIA McNEILL SENIOR CENTER, MARK DOZMATI) 500 PER SET PO LiquidaT -ion Amount 131 -14 -5440 -060 221_.91 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2074 AT&T AP 1.16377. 04/26/00 13.59 Claim# General Description. 30309 FAX MODEM 626 337 2965 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 050 139 6671 001 04/09/00 13.59 0.00 13.59 GL Distribution Gross Amount Description 102 -42- 5430 -014 13.59 337--2965 Vend# Vendor Name. Bank Check# Chic Date Check Amount Sep 102 BALDWIN PARK CHAMBER OF COMMERCE AP 116372 04/26/00 2,010,50 Claim# General Description 30313 EP "NOW " - MAY NOW PROTOS -APRIL PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5685 O 659 94/04/44 2,010.50 0.60 2,010.50 GL Distribution Gross Amount Description 100 -81 -5000 2,910.50 1 EA * * ** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CITY'S SHARE OF BALDWTN PARK NOW ISSUES PO Liquidation Amount IOD -al -5004 2,310.50 CCS.AP Accounts Payable Release 5,8.3 N *APR700 - By SANDRA A (SANDRA) city of Baldwin Park May 08, 2000 0Se36pm Page 3 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 1 -' =6364 to 116567 Vend,`-) Vendor Name Hank Check# Chk Date Check Amount Sep 2938 BILL VAIN CLEAVE AP 116373 04/26/00 50.06 Claim# General Description 30311 HOUSING AUTHORITY MTG ALLOWANCE 4/19/00 PO4 Stat Contract4 invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount - Net Amount 6135 0 0 04/25/00 50.00 50.00 0.00 50.0() GL Distribution - GL Distribution Gross Amount Description 100 -81-5000 50.00 102 -01- 5000 -010 - 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEE'T'ING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 25 -00 1 EA *w ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 14CUSING Vend# Vendor Name AUTHORITY MPETING ALLOWANCE (SECTION 8 VOUCHER PORTION) Chk Date Check Amount Sep 102 -C7.- 5000 - ©I.0 0.00 1 .EA BACK PINY FOR PY1998 -99 MARCH, APRIL, MAY, JUNE iSECTION 8 EXISTING PORTION) 102 -01 -5000 -014 0 -00 1 EA BACK PAY FOR PY1998 --99 MARCH, APRIL, MAY, JUNE MCTION 8 VOU'CHBR PORTION) PO Liquidation Amount 102 -01- 5000 -010 25.00 102 -01- 5000 -014 25 -00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2938 BILL VAN CLEAVE AP 116374 04/26/00 50.00 Y Claim# General Description 30414 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE POSY Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt; Discount Used - Net Amount 5394 0 0 04/26/00 50.00 0.00 50.00 GL Distribution - Gross Amount Description 100 -81-5000 50.00 I EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 100- 81 -50OG 50.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 136 BOISE CASCADE OPF'ICB .PRODUCTS AP 116375 04/26/00 12.88 CEaiTil# Ceneral Description 30310 POCKET FILES Poo Stat Contract# Invoice# Invc Dt Gross Amount . Discount Amt Viscount Used Not Amount 152212 04/05/00 12.88 0.00 12.88 GL Di.stributi.en Gross Amount Description 100 -12 -5210 12.85 FILES CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SA.ND'�A A {SANDW City of Baldwirn Park - May 08, 2000 05:36pm Page 4' Check History. Hank AP' Check Dates 00 /40/60 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 4587 BRUCE SOTD AP 116376 04/26/00 650,00 Claim# General Description 30312 ENTERTAINMENT CINCO DR, MAYO PO# Stat Cont-ract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0.00 47.25 0 014/25/00 6501130 0.00 650.00 G1, Distribution 1 EA * * ** ANNT`JAL Gross Amount Description AMOUNT BILLED FOR 150 -00 -2172 650.00 CINCO DE MAYO FOR FY1999 -2000 PO Liquidation Vend# Vendor Name - 114 -52 -5110 Bank Check# Chk Date Check Amount Sep 2,193 CAL STATE .2OLYTE'Ci3NIC UNIVERSITY Air 116377 04/26/00 47.25 Claim# General Description 30317 WORK STUDY PRG MARCH 2006 PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Amount 6025 0 81930 04/11/00 47.25 0.00 47.25 GL Distribution Gross Amount Description 114 -52- 5113 47.25 1 EA * * ** ANNT`JAL PURC14ASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 35% OF AMOUNT BILLED FOR SERVICES RENDERED IN ACCORDANCE WITH WORK STUDY OFF - CAMPUS AGREEMENT FOR FY1999 -2000 PO Liquidation Amount - 114 -52 -5110 47.25 Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 1959 CALIFORNIA CLEANING SYSTEMS AP 116378 04/26/00 295.76 Claim# General Description 30314 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 627n C 18841 04/07/00 94,78 0.00 94.78 GL Distribution Gross Amount Description 130 -58 -5210 94.76 1 EA * * ** ANNUAL PUIRCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PARTS AND SERVICE PO Liquidation Amount 130 -58 -5210 - 94.78 Claim# General Description 30315 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amounr 18841 04/07/00 200.98 0.00 200198 GL Distribution Gross Amount Description 130 -58 -5210 200.98 MISC SUPPLIES CCS.AP Accounts Payable Release 5.8.3 N *APR700 Hy SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36rm Page 5 Pheck History. Bank AP Check Dates 00/00/04 to 99/99/99 Check #'s 116364 to 116567 ----------------------------------------------------------------------_--_-_----°__---_-------___-------------------_.---------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 167 CALIFORNIA REDEVELOPMENT ASSOC, AP 116;379 04/26/00 144.50 Claim# General Description 30316 PROPERTY ACQUISITION & RELOCATTON SUITE RUELAS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 14197 04/44/00 144.50 0.00 144.50 GL Distribution Gross Amount Description 101 -48- 5340 -620 144.50 S RUELAS VendAt vendor Name Bank Check# Chic Date Check Amount Sep 2825 CANADA LIFE ASSURANCE ATTN7 GROUP ADMIN DEPT AP 116380 04/26/00 650.40 Claim# General Description 30421 APRIL PREMIUM DISABILITY INSURANCE PP#05 &06 PO4 Stat Contract# Invoice#} Invc Dt Gross Amount Discount; Amt Discount Used Net Amount 0 04/26/00 650.40 0.00 650.40 GL Distribution Gross Amount Description GL Distribution Gross Amount 100 -00 -2303 656.40 APR #5 &6 _ 131 -3.4 -5760 -060 - Vend"' Vendor Name I EA * * *'* ANrUAL Bank Check# Chk Date Check Amount Sep 4550 CANON FINANCIAL SERVICES AP 116381 04/26/00 7.,360.1)3 Claim# General ]Description 30412 LEASE PRINT SHOP COPIER /IMAGERUNNER PO# Stat Contract## Invoice# Tnvc Dt Grass Amount Discount Amt Discount Used Net Amount 5675 0 2205110 04/12/00 1,360.03 0.00 1,366.03 GL Distribution Gross Amount Description _ 131 -3.4 -5760 -060 - 1,360.03 I EA * * *'* ANrUAL PURCHASE ORDER FOR FISCAL YEAR 19.99 -2001) * * ** CANON IMAGE RUNNER 600 - LEASE TERM: 60 MONTHS c� $(56.76 PER MOPI'£H (SEPTEMBER, 1999 - JUNE, 2000) PO Liquidation. Amount ' 131 -14- 5760 -060 1,360.03 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3995 CASTLEROCK ROOFING SERVICES, LLC AP 116382 04/26/00 4,595.00 Claim# General Description 30318 ROOF REPAIR -COMM CNTR PO# Stat Contract-9 Tnveice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6358 C 00200154 04/13/00 4,595.00 0.00 4,595.00 GL Distribution Gross Amount Description 100 -57 -5703 4,595,00 I RA REPAIR ROOF AT COMMUNITY CENTER IN ACCORDANCE WITH THE ATTACHED PROPOSAL PO Liquidation Amount 100 -57 -5703 4,595.00 CCS.AP Accounts Payable Release 5.8.3 N *APR7'00 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 6 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3034 CITRUS CAR. WASH AP 116383 04/26/00 220.50 Claim# General Description 30319 CAR WASHES -MARCH PO# Stat Contract# invoice# Innvc Dt Gross Amount. Discount Amt Discount Used Net Amount 5449 C 0 03/01/00 220.50 0.00 220.50 Gi, Distribution Gross Amount Description 130 -58 -5210 220.50 1 EA * * ** ANNUAL PURCRA.SE pRbER FOR FISCAL YEAR 1999 -2000 * * ** WASHING POLICE DEPARTMENT AND CITY VEHiCI, S PG Liquidation Amount 130 -58 -5210 217,50 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 839 CITY OF WEST COVINA - AP 11.6384 04/26/00 160.00 Claim# General. Description 30320 STAGE RENTAL CINCO DE MAY0 PO# Stat Contract# Invoice# Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 0 04/26/00 160.00 0.00 160.00 GL Distr.,butinn Gross Amount Description 100 -72- 5210 -200 - 160.00 STAGE RENTAI, Vend# Vendor Name Bank Check# Chk Date Check Amount SeD 247 CLIPPINGER CHEVROLET - AP 116365 04/26/00 918.23 Claim# General Description 30321 MISC PARTS /LABOR PO# Stat Contract# Invoice# Invc Dt Gross Amount- Discount Amt Discount Used Net Amount 5354 O CVW5306C4 04/03/00 58,73 0.00 58.73 CVCS308277 04/02/00 567.99 0.00 567.99 CVW531186 04/05/00 74.41 - 0.00 74,41 CVW53i188 04/05/00 7.64 0.00 7.64 _ CVW531191 04/05/00 38.43 0100 38.43 CVW531466 64/06/00 72.97 0.00 72.97 CVW532323 04/11/00 43.66 0100 43.66 CVW532937 04/13/00 54.40 0.00 54.40 GD Distribution Gross Amount Description 30 -58 -5270 918.23 1 EA * * ** ANNUAL PbRCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** Cl'Y VEHICLE PARTS AND RE'P'AIR PO Liquidation Amount 130 -58 -5270 93.8.23 CCS.AP Accounts Payable Release 5.6.3 N *APR700 By SANDRA A (SANDRA, City of Baldwin Park May 08, 2000 05:36pm Page 7 Check History. Bank AP Check Dates 00/00/00 to 99/99/95 Check #'s 116364 to 12.6567 --.._-,-----------------------------------------------------------------------`-...--------------------------------------...-_-...---------- Vend# Vendor Name Bank Check# CYlk Date Check Amount Sep 3627 COLLEGIATE PACIFIC AP 116386 04/26/00 158.40 Claim# General Description 30322 BASKETBALL NET PD# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6419 C 0029567 -IN 04/06/00 158.40 0:00 158.40 GL Distribution Gross Amount Description Descricti,on Gross Amount 100 -72 -5210 158.40 48 EA BASKETBALL NET 50 EA WAR.IXXXX PIN PONG PADDLE 100 -57 -5703 PO Liquidation Amount 800 ST NA8106/6 PING POND BALLS (6 BALLS PER SET) 1.00 -72 -5210 170.28 Vend## Vendor Name 814.58 Bank Check# Chk Date Check Amount Sep 1276 CONLIN BROS SPORTJNC' GOODS DHA: SPORTS SUPPLY CROUP AP 116387 04/26/00 811.60 Claim#k General Description 30323 PING PONG PADDLES /BALLS PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 6377 C 90360408 04 /14/00 811.60 0.00 811.60 GL Distribution Gross Amount Descricti,on Gross Amount 250- -00- 21'72 134.09 50 EA WAR.IXXXX PIN PONG PADDLE 100 -57 -5703 150 - 00-2172 677.51 800 ST NA8106/6 PING POND BALLS (6 BALLS PER SET) PO Liquidation Amount 150 -00 -2172 814.58 vend## Vendor Name Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3969 COREL ELECTR0NICS Chk Date Check Amount Sep 267 COURT TRUSTEE AP 116388 04/26/00 1,581.62 Claim# General. Description 30322 INSTALL NEW PAN /TILT MOTOR SECURITY CAMERA (P.D.) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount- 6275 C 16367 04/11/00 1,581.62 0.00 1,581.62 GL Distribution Gross Amount Description 100 -57 -5703 1,581..62 1 EA INSTALL NEW PAN /TILT MOTOR FOP, POLICE DEPARTMENT SECURITY CAMERA PO Liquidation Amount 100 -.57 --5703 1,581.60 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 116385 04/26/00 200.00 Claire# General Description 30325 CASE 4DO99945S PETER. A. MENDOZA PP## 7 &8 PAY DATE 4/20/00 PO4 Stat Contract# Invoice{; Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 200.00 0.00 200.00 GL Distribution Gross Amount Description 1.00 -00 -2231 200.00 P MENDOZA #7s8 CCS.AP Accounts Payable Release 5.8.3 N- APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 8 Check History. Bank AP Check Dates 00 /0C /00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bark Checks# Chk Pate Check Amount Sep 267 COURT TRUSTEE AP 116390 04/26/00 25100 Y Claim# General Descr'ipticn 30326 CASE #D0984128 PETER MENDOZA PC #7 &8 FAY DATE 4/20/04 PO# Stat Contract#{ Invoiceli Invc Dt Gross Amount. Discount Amt: Discount Used Net Amount 0 04/26/00 - 25.00 0.00 25.03 GL Distribution Grass Amount Description Description 286,20 100 -00 -2231 25.00 P MEND0ZA #7 &.8 1 EA — ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MONTHLY Vend)# Vendor Name 314.40 Bank Check# Chk Date Check Amount Sep 271 CREATIVE COMPUTER SOLUTIONS C/O SAN JOSE NATIONAL BANK (SJNB) AP 116391 04/26/00 727.65 Claim# General. Description 30327 MONTFi.LY TECH ASSISTANCE MAY MTA- SECTION 8 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5436 0 759939 -8318 04/01/60 727.65 0.00 727.65 GL Distribution Gross Amount Description 286,20 131 -13 -5260 727.65 1 EA — ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MONTHLY 0.00 314.40 TECHNICAL ASSISTANCE AND MONTHLY 'TECHNICAL ASSISTANCE FOR SECTION 8 PO Liquidation Amount 131 - 2.3-5260 727.65 600.60 1 EA * * ** ANNTJAL PURCHASE ORDER Vend# Vendor Name Bank Check# Chk Pate Check Amount Sep 273 CUSTOM COFFEE PLAN AP 116392 44/26/00 600.60 Clai!:# General Description 3032$ COPPER SUPPLIES PO## Stat Contract# -Invoice## Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 5684 0 784600 03/08/00 286.20 0100 286,20 798174 04/07/00 31.4.40 0.00 314.40 GI Distribution Gross Amount Description 100 --81 -5330 600.60 1 EA * * ** ANNTJAL PURCHASE ORDER FOR F'ISCzXL YEAR 1999 -2000 * *** COFFEE SERVICE FOR CITY - MEETINGS PO Liquidation Amount 100 -61 -5330 600.60 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 289 DAY - TIMERS, INC AP 116393 04/26/00 24.87 Cla.i.m# General. Description 30330 POCKET 2PW FILLER 2 -BOOKS PC# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 35235165 03/23/00 24.87 0.00 24.87 GL Distribution Grass Amount Description I00-12 -5210 24.87 POCKET FILLERS CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDi2A) City of Baldwin Park May 08, 2000 05:36pm Page 9 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4674 DAYLL' KELLER AP 116394 04/2&/00 2,083.00 Claim# General Description 30329 PROEES$IONAL $ERV 4/16/00 - 4/30/00 PO# Shat- Contrac:.# Invoice# Trio Ot Gross AmounL Discount Amt Discount Used Net Amount 6 - 04/26/00 2,683.00 0.00 2,083.00 GL Distribution Cross Amount Description 224.00 3/3/00 - 4/21/00 1 EA * * ** ANNUAL PURCHASE ORDER 100 -41 --5000 2,083.00 4/16/00 - 4/30/00 Sank Check# Chk Date Check Amount SeT) Vend ## Vendor ]Name Ar€cunt AP 11.6396 Hank Check# Chk Date Check Amount Sep 2148 DELCINA COLANTUONO AP 116395 04/26/00 224.00 Claim# General Description 30331 CONTRACT SRRV 14AWAI-LAN DANCE 3/03- 4/21/00 PO# $tat Contract# invoice#? Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 224.06 0.00 224.06 GL Distribution Gross Amount Description Description 150 -00 -2172 224.00 3/3/00 - 4/21/00 1 EA * * ** ANNUAL PURCHASE ORDER VOR FISCAL YEAR 1999 --2000 * * *- HOUS.T.NC' Vend# Vendor Name Sank Check# Chk Date Check Amount SeT) 2391 DEPT OF JUSTICE CENTRAL SERVICES Ar€cunt AP 11.6396 04/26/00 3,60.00 Claim# General Description 30332.FINGERPRINTS PO# Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 160.00 0.00 160.00 GL Distribution Gross Amount. Description Description 100 -00 -4030 160.00 rTNGFRPRiNTS 1 EA * * ** ANNUAL PURCHASE ORDER VOR FISCAL YEAR 1999 --2000 * * *- HOUS.T.NC' Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4827 EDWARD P, HERNANDEZ Q.D. Ar€cunt AP 116397 04/26/00 2,560.00 Claim# General Description 30333 RENTAL PMT -4141 MAINE HOUSING A70THORTIY PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 6294 O O 04/26/00 2,560.00 O.DO 2,560.00 GL Distribution Gross Amount Description 102 -42- 5249 -014 2,560.00 1 EA * * ** ANNUAL PURCHASE ORDER VOR FISCAL YEAR 1999 --2000 * * *- HOUS.T.NC' AUTHORITY RENT PC .Liquidation - Ar€cunt 102 -42- 5249 -014 2,560.00 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A {SANDRA} City of Baldwin Park I I May 08, 2000 05:36pn Page 2G Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 116364 tc 116567 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 3749 EL TACO NAZO AP 116398 04/26/00 312.50 Claim# General nescrint5on 30335 FOOD - HOSPITALITY ROOM CINCO DE MAYO PRO 5 /6 /00 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 312.50 0.00 312.50 GL Distribution Gross Amount Description 200 -72- 5210 -200 312.50 FOOD - HOSPITALITY RM Vend# Vendor Name 57.68 LOAN #92EDA5 Bank Check# Chk Date Check Amount Sep 4880 ELLEN ELLIOTT AP lIG399 04/26/00 526.74 Claim#; General Description 30336 LOAN OVLRPAYMRNT #S2BDA5 PO4 Stat. Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 526.74 0.00 526.74 GL bistributioal Gross Amount Description 119 -00 -4455 469.06 LOAN #92EDA5 119 -00 -4342 57.68 LOAN #92EDA5 Bank Check# Chk Date Check Amount Sep Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 1328 EZEQUIEL CONTRERAS SCOTTY'S TAE KWON DO AP 1164D0 04/26/00 613.20 Claim# General Description 30334 TAP.KWONDO PROGRAM 2/28/00- 4/6/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount G 04/26/40 67.3.20 0.00 613.20 GL Distribution Gross Amount Description 150 -00 -2172 613.20 2/28/00- 4/6/00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4517 FRANCISCO ORTIZ AP 116401 04/26/00 350.00 alaim# General Description 30337 ENTERTAINMENT PROVIDED, CINCO DE MAYO PRC 5/6100 PC## Stat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 0 04/26/00 350.QD Q.GQ 350.00 GL Distribution Gross Amount Description 250 -00 -2272 350.00 CINCO DF. MAYO PR.G CCS.AP'Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA`, City of Baldwin Park May 08, 2000 05:36pm Page 11 Check !Lls%ory. Sank AP Check Dates 00/00/00 to 99/99/99 Check.#'s 116364 to ;.16567 Vend# 'Vendor Name Bank Check# Chk Date Check Amount Sep 391 GTE CALIFORNIA - AP 116462 04/26/00 6,476.77 Claim# General DeScription 30422 LOCAL PH USE PO# Stat Contract# Invoice# 5433 C 0 GL Distribution 3,31 -14- 5430 -064 PO Liquidation 131 -14-5430 -064 Claim# General Description 30423 LOCAL PH USE FO# Stat Contract# Invoice# 6449 0 0 GL Distribution 131 -14- 5430 -064 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/26/00 444.73 0.66 444.73 Gross Amount Description 444.73 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 7.999 -2000 ** ** LOCAL TELEP} ?ONE USAGE Amount 444.73 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/26/00 6,032.04 - 6.00 6,032.04 Gross Amount Description 6,032.04 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1.999 -2000 * * ** LOCAL TFLEP140NR USAGE PO Liquidation Amount 137, -14- 5430 -004 6,C32.G4 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 412 GUAIDA1,ACARA. GRILL ATE 116403 04/26/00 650.00 Claim9# General Description 30339 ENTERTAINMENT PROVIDE CINCO DE MAYO PRG PO# Stat Contract## Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 04/26/00 650.00 0.00 650.00 GL Distribution Gross Amount Description 150 -00 -2172 650.00 EN'T'ERTAINMENT 5/6/40 Vend# Vendor Name Bank Check# Chk Date Chock Amount Sep 4881 INDUSTRIAL SHOE COMPANY AP 116404 04/26/40 150.00 Claim# General. Description 30340 WORK 300TS -8 COUCHMAN PO;# Stat Contract# Invoices# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/24/00 150.00 0.00 150.00 GL Distribution Gross Amount Description 114 -61 -5210 -093 150.00 S COUCHMAN CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A ;SANDRA) City of Baldwin Park may 08, 2000 05:36pm Page 12 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name - Bank Checkff Ckzk Date Check Amount Sep 4334 INFLATABnRS 2000 AP 116405 04/26/00 110,42 Claim# General Description 30341_ BALLOON BOUNCE CINCO DE MAYO 5/6/00 ,PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount .Amt Discount Used Net Amount 0 04/26/00 7.10.42 0100 110.42 GL Distribution Gross Amount Description 104.99 75814 150 -00 -2172 - 110.42 5/6/00 2297 04/05/00 46.87 Vend# Vendor Name 46.57 Bank Check# Chk Date Check Amount Sep 3323 3.C.`S PLUMBING AND PACKFLOK 2200 AP 116,106 04/26/00 468.33 Cl.ai.m# General Description 30346 PLUMBING REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5361 0 6264 0 2196 04/05/00 104.99 0.00 104.99 75814 04/07/00 275.66 0.00 2297 04/05/00 46.87 6.00 46.57 130-58 -5216 2200 04/05/00 162.35 0.00 162.35 AND LUBRICANTS 2212 04/11/00 154.12 0.00 154.12 GL Distribution. Grass Amount Description Vend" Vendor Name 100 -57 -5000 Bank Check# 468.33 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PLUMBING AP 116408 04/26/00 343.0`) SERVICE AND PARTS 127 -57 -5000 0.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PLUM131NG SERVICE AND PAR'I'S Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 509 J.H. MITCHELL L SONS AP 116407 04/26/00 928.29 Claim## General Description 30345 SHEI.T, ROTEL,LA OIL PO# Stat Contract# Invoice-4 InvC Dt Gross Amount Discount Amt Discount Used Net Amount 5361 0 75716 04/03/00 652.53 0.00 652.53 75814 04/07/00 275.66 0.00 275.6b GL Distrihution Gross Amount Descripcion 130-58 -5216 926.19 1 EA * * ** ANNiiAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENGINE OIL AND LUBRICANTS PO Liquidation Amount x30 -58 -5210 928.19 Vend" Vendor Name Bank Check# Chk Date Check Amount Sep 1327 JEANETTE L. AP 116408 04/26/00 343.0`) Claim# General, Description 30342 BALLET FOLKLORICO 2/29- 5/2/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 343.00 0.00 343.00 GL Distribution Gross Amount Description. 150 -00 -2172 343.00 2/29 - 5/02/00 CCS,.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 13 Check History, hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bark Check# Chk Date Check Amount Sep 4882 JOHN LANCE AP 116409 04/26/00 504.00 Claim# General Description 30347 POPSY SWEEP CINCO DE MAYO 5/6/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount G 04/26/00 500100 D.50 500.00 GL Distribution Gross Amount Description. 3.50 -00 -2172 500.00 PODGY SWEEP 5/6/00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2896 JOHN SINCLAIR VANYL LETTERS & GRAPHICS AP 116410 04/26/00 172.15 Claim# General Desci.i.ption 30344 LOGOS -CITY TRUCKS PO# Stat. Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6224 0 072 03/31/00 172.15 0.00 272.15 GL Distribution Gloss Amount Description 130 -58- 5210 172.15 1 FA * * ** ANNUAL PURCnLSE ORDER FOR. FISCAL YEAR 1999 -2000 * * ** VINYL LETTERS & GRAPHICS PO Liquidation_ Amount 130 -58 -5210 172.15 Vend# Vendor Name Bark Check# Chk Date Check Amount Sep 4487 JONNSTONE SWEEPER COMPANY AP 116411 04/26/00 268.32 Clai # General, Des: ,, r �tion 30343 MISC SUPPLIES P01# Stat Contract# Invo.ice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5452 0 495787 03/22/00 268.32 0100 268.32 GL DisLributi.on Gross Amount :Description 130 -58 -5270 268.32 1 EA * * ** ANNUAL PURCHASE ORDSP FOR FISCAL YDAR 1999 -2000 * * ** SERVICE AND REPLACEMENT PARTS FOR JOHNSTONE STREET SWEEPER PO Liquidation Amount 1-30 -58 -5270 268.32 Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 583 LOS ANGELES COUNTY ASSESSOR AP 116412 04/26/00 36.52 Claim# General Description 30350 MAPS /POSTAGE PO# Stat Contract#,y Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5609 0 976402 04/12/00 36.52 0.00 - 36.52 GL Distribution Gross Amount Description 121 -56 -5000 36.52 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** UPDATED MAPS PO Liquidation Amount 121 -56 -5000 36°52 CCS.AP Accounts Payable Release 5.8.3 N *APR7D0 - By SANDRA A {SANDRA) City of Baldwin Park May 08, 2000 05e36pm Page 14 Check History. Bank AP Check Dates 00/00/00 to 99199199 Check #'s 116364 to 116567 ---------------------------------------------------------------------------- -- ---- - ---.. ___------------------- -- ----- ----- -___._ __- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 539 LA PUEN'TE At= ELECTRIC: AP 116413 04/26/00 222.00 Claim# General Description 30351 ELECTRICAL REPAIRS PO# Stat Contra.ctl� Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5453 O E004665 03/03/00 80.00 0.00 84.00 2030828 04/05/00 142.00 0.00 142.00 GL Distribution Gross Amount Description. Gross Amount Description 130 -58 -5270 222.00 I EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 --2000 * * ** AIR PURCHASE ORDR FOR FISCAL YEAR. 1999 -2000 * * ** TOOLS AND CONDITIONING AND ELECTRICAL REPAIRS SUPPLIES PO Liquidation Amount Amount 130 -58 -5270 222.60 493.71 ------------------------------------------------------------------- Vend# Vendor Name --- -- ---- -- ---- - - ---- - --- _---------------___---------------- Bank Check# Cbk Pate Check Amount Sep 3660 LAWSON PRODUCTS AP 116414 64 /26/00 6$6.10 Claim# General Description. 30348 MISC SUPPLIES Pa# Stat Contract# Invoice# Invc Dt. Gross Amount Discount Amt Discount Used Net Amount 611.5 C 0136605 03/41/00 355.73 a.aa 355.73 GL Distribution 0144449 03/22/00 136.98 0.00 136.98 GL Distribution 186.39 SUPPLIES Gross Amount Description 130 -58 -5210 493.71 1 EIS. * * ** ANNUAL PURCHASE ORDR FOR FISCAL YEAR. 1999 -2000 * * ** TOOLS AND 2692 LINA SUPPLIES 04/26/00 21,196.54 PO Liquidation Amount - 130 --58 --5210 493.71 Claim# General Description 30349 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount, Used Net Amount 0136605 03/01/00 166.39 0.60 186.39 GL Distribution Gross Amount Description 130 -58 -5210 186.39 SUPPLIES Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2692 LINA AP 116415 04/26/00 21,196.54 Clair.## General Description 30413 DISABILITY INS FEB -APRIL PREMIUM PQ# Stat Contract# Invoice# Invc Dc Gross Amount Discount Amt Discount Used Net Amount a 04/26/00 21,196.54 0.00 21,396.54 GL Distribution Gross Amount Description - 132 -00 -4703 21,196.54 FEB -APR PREM CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:361m Page 15 Check History. Bank AP Check hates 00 /0(} /00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendoz Name Dank Check# Chk Date Check Amount Sep 654 LINDA LAIR AP 116416 04/26/00 50.00 - Claim# Genera' Description 30352 HOUSING AUTHORITY M'1G ALLOWANCE 4/19/00 PO# Stat Contract# Invoice# Inv^ Dt Gross Amount Discount Amt Discount Used Net Amount Gross 6133 0 0 04/26/00 50.00 0.00 50.00 0 GL Distribution Gross Amount Description 0.00 50.00 102 -01-5000 -010 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING 102 -01- 5000 AUTiORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTIO.AT' ANNUAL PURCHASE ORDER FOR FISCAL YFAR 1999 -2000 * * ** 102 -01- 5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 *x ** HOUSING MEETING ALLOWANCE ;SECTION 8 EXISTING PORTION) AUTHORITY MEETING ALLOWANCE (SECTION 8 'VOUCHER PORTION) -014 102 -01 -5000 -010 0.00 1 EA SACK PAY FOR FY799R -99 MARCH, APRIL, MAY, JUNE (SECTION 8 EXISTING PORTION) MEETING ALLOWANCE (SECTION R VOUC14ER PORTION) 102 -01 -5000 -014 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER FY1998 -99 MARCH, APRIL, MAY, jUNE (SECTION 8 EXISTING PORTION} PO Liquidation Amount 102 -01- 5000 102 -01- 5000 -010 25.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE ; SRCTION 8 VOUCHER. 1G2 -01 -.5000 -014 25.00 PORTION) -----------°-------------------- ---- ---------------- Vend# Vendor Name --- -- - - - --- - ------ --- -- - --- — ---------------------------------------------------- Bank Check# Chk Date Check Amount Sep 854 LINDA GAIR AP 116517 04/26/00 50.00 Y Ciaim# General Description 30417 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE PO# Stat Contract## Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 5396 0 0 04/26/00 50.00 0.00 50.00 GL D4,stribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 100 -81 -5000 56.00 ven.d# Vendor. Name Bank Check# Chk Date Check Amount Sep 594 MANUEL LOZANO AP 116418 04/26/00 50.00 Claim# General Description 30361 HOUSING AUTHORITY MTG ALLOWANCE 4/19/00 PO# Stat Contract# Snveice# Iavc Dt Gross Amount Discount Amt Viscount Used Net Amount 6134 0 0 04/26/00 50.00 0.00 50.00 GL Distribution Gross Amount ,7esc:ription 102 -01- 5000 -010 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YFAR 1999 -2000 * * ** HOUSING AJ`I'HORITY MEETING ALLOWANCE ;SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ROUSING AUTHORITY MEETING ALLOWANCE (SECTION R VOUC14ER PORTION) 7,02 -01- 5000 -010 01.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, jUNE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE ; SRCTION 8 VOUCHER. PORTION) PO Li.gui.dation. Amount 102 -07.- 5000 -010 25.00 CCS.AP Accounts Payable Release 5.8.3 N *APR700 - By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 16 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check#'s 116364 to 116567 102 -01 -5000 -014 25.00 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 594 MANUEL LOZANO AP 116419 04/26/00 50.00 Y Claim## General Description 30415 FINANCING AUTEORITY MONTHLY MTG ALLOWANCE Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5393 0 0 04/26/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 100-81-5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTFTCRTTY MEETING ALLOWANCE PO Liquidation Amount IDD- 815000 50.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 617. MARIPOSA HORTICULTURAI, A2 11.6420 04/26/06 3,397.58 Claim# General Description 30:353 LANDSCAPE. NIAINT LITTLE LEAGUE FIELDS PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/26/00 16792 02/28/00 1,698.79 0.00 1,698.79 Description 16988 03/31/00 1,698.79 0.00 1,698.79 GL Distribution Gross AmounC Description AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 127 -68 -5000 25,00 3,397.58 LANDSCAPE MAINT PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** [MOUSING Vend# Vendor Name AUTHORITY MEETSNG ALLOWANCE (SECTION 8 VOUCHER PORTION) Bank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA 102 -01- 50130-010 AP 116421 09/26/00 50.00 Claim# General Description 30360 HOUSING AUTEORTTY MTG ALLOWANCE 4/19/00 PO# Stat Contract# Invoice# Inv(" Dt Gross Amount Discount Amt Discount Used Net Amount 6132 O 0 04/26/00 50.00 0.00 50.09 GL Distribution Gross Amount Description 102 -01 -5000 -07.0 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2006 * * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -010 25,00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** [MOUSING AUTHORITY MEETSNG ALLOWANCE (SECTION 8 VOUCHER PORTION) PO Liquidati.on. Amount 102 -01- 50130-010 5a.aa vend# Vendor Name Hank Check# Chk Date Check Amount Sep 2765 MARLFN GARCIA AP 116422 04/26/00 50100 Y Claim# General Description 30418 FINANCING AUTIORITY MONTHLY MTG ALLOWANCE PO# Stat Contract# Invoices# Drive Dt Gross Amount Discount Amt Discount Used Net Amount 6012 O 0 04/26/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -61 -5000 50.00 1. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING CCS.AP .Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 17 Check history. Hank AP Check Dates 00 /00 /DD to 99/99/99 Check'W s 116364 to 116567 PO Liquidation Amount 100-61 -5000 50.00 vend# Vendor Name Hank Check# Chk Date Cheek Amount Sep 3196 MEN.A. AMERICA AND DARRYL KOSARA AP 116423 04/26/00 132.47 Claim# General Description 30354 LWT FEES RALPR NUNEZ PO# Stat Contract# Invoice# 0 GI, Distribution 100 -71 -5210 Claim# General Description 30355 LATE FEES -NUNE2 Invc Dt Gross Amount biscount Amt Discount Used Net Amount 04/03/00 102.26 0.00 102.26 Gross Amount Description 102.26 LATE FEES-- N-LWEZ PO# Stat Contract# Invoice# lnvc DC Gross Amount Discount Amt Discount Used Net Amount C0 04/26/00 30.21 0.00 30.21 GL Distribution - Gross Amount Description. 0.00 697.33 100 -71 -5330 30.21 LATE FEES -NUNEZ Vend# Vendor Name 874,23 1 EA * * ** ANNUAL PURCKASE ORDER Bank Check# Chk Date Check Amount Sep 4337 M0.7'ICA ENTERPRISES AP 116424 04/26/00 196.00 Claim# General Description 30357 JUDO) PROGRAM 2/23/00- 4/1/00 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 '04/26/00 196.00 0.00 196.00 GL Distribution Gross Amount Description 0.00 697.33 150 -00 -2172 196.00 JUDO 2/23 - 4/1/00 Vend# Vendor Name 874,23 1 EA * * ** ANNUAL PURCKASE ORDER hank Check# Chk Date Check Amount Sep 649 MONTY'S ELECTRIC PARTS AND SERVICE AP 116425 04/26/00 1,943.00 Claim# General Description 30356 ELECTRICAL REPAIRS PO# Stat Contract# Invoice# Invc Dr Gross Amount Discount Amt Discount Used Net Amount 5343 0 2126 04/06/00 176.90 0.00 1 "16.90 2527 04/12/00 697.33 0.00 697.33 GL Distribution Gross Amount Description i00 -57- 5000 874,23 1 EA * * ** ANNUAL PURCKASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 81LECTRICAL PARTS AND SERVICE 127 -57 -5000 0.00 1 EA ** DISTRIBUTION OF COST ** PG Liquidation Amount 100 -57 -5000 874.23 Claim# General Description 30425 ELECTRICAL REPAIRS 41.41 MAINE HOUSING AUTH Pa# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/20/00 312.80 0.00 312.80 00 04/20/00 473.47 0.00 473.47 CCS -AP Accounts Payable Release 5.8.3 N *APR7D0 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 18 Check History. Bank AP Check Dates GG/00/00 tc 99/99/99 Check#"s 116364 to 116567 GL Distribution Gress Amount Description 102 -42- 5030 -017 786.27 REPAIRS Claims$ General Description 30426 ELECTRICAL SRV -SR. HOUSING PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 2528 04/20/00 282.50 0100 282,50 GL Distribution Gross Amount Description Description 502 -42- 5030 -057 282.50 SR 14OUSING 1 EA * * ** ANNUAL PURCHASE ORDER FOR ETSCAL YEAR 1999 -2000 * * ** MAINTENANCE Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3871 MOTOROLA COMMUNICATIONS & ELECTRCNICS Amount AP 116426 04/26/00 324.45 Cl_aim## General. Description 30358 SERV AGREEMENT 5/1/00- 5/31/00 PO# Stat Contract# Invoice# Invc: Dt Gross Amount Discount Amt Discount Used Net Amount 5667 C S0090251 04/07/00 324.45 0.00 324.45 GL Distribution Gross Amount Description 130- -58 -5210 324.45 1 EA * * ** ANNUAL PURCHASE ORDER FOR ETSCAL YEAR 1999 -2000 * * ** MAINTENANCE vend# Vendor Name AND REPAIR OF RADIO SYSTEM (@ $324.45 PER MONTii) PC Liquidation Amount AP 126428 04/26/00 269.27 130 -5E -5210 323.90 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 659 MULTI -PURE CORPORATION LAS VEGAS TECHNOLOGY CENTER AP 116427 04/26/00 544.40 Claim## General. Description 30359 MPCED FILTERS PO# Scat Contract# Invroice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/13/00 544.40 0.00 544,40 _ Distribution Gross Amount Description 100 --57 -5210 544.40 FILTERS vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4581 N.- GLANTZ & SON, INC. AP 126428 04/26/00 269.27 CI_aim# General Description 30364 MISC SUPPLIES PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount, Used Net Amount 5755 O SL -49607 03/24/00 269.27 0.00 269.27 GL Distribution Gross Amount Description 114 -59- 5210 -093 269.27 1 EA * * ** ANNUAL PURCPASE ORDER FOR FISCAL YEAR 1999 -2000 —* SIGN MATERIALS PC Liquidation Amount 114 -59 -5210 -093 269.27 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A ;SANDRA] City of Baldwin Park May 08, 2000 05:36pm Page 19 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 Co 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 622 NAN MC KAY & ASSOC. AP 116429 04/26/00 155.00 Claim# General Description 30363 AGENCY PLAN REVISION SRV PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount INV017907 04/07/00 155.00 0.00 155.00 GL Distribution Gross Amount Description ().Co 981.02 102 -42 -5100 -014 155.00 AGENCY PLAN REVIS SRV 1,075.68 Vend# Vendor Name GL Distribution Bank Check# Chk Date Check Amount Sep 3687 NEW GLOBAL CO. INC. AP 116430 04/26/00 2,056.70 Claim# General Description 30367 BUMPER STICKERS/ PENCILS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount-, 6432 0 19675 04/11-/00 981.02 ().Co 981.02 19677 04/12/00 1,075.68 0.00 1,075.68 GL Distribution Gross Amount Description 100 -51- 5440 -081 0.00 1000 EA 9" FLYER WITH ONE COLOR IMPRINT 100 -51- 5440 -081 0.00 2 EA SCREEN CHARGE 106 -51 -5440 -681 0.00 1000 EA 16" BEACHBAI,LS WITH ONE COLOR IMPRINT 100 - 51-5440 -081 0.00 3500 EA 16 OZ STADIUM CUP WITH ONE COLOR IMPRINT 100 -5I- 5440 - 081 981.02 5000 EA BUMPER STICKER WITH ONE COLOR IMPRINT 100 -51- 5440 -081 0.00 1 EA SCRE'E'N CHARGE 100 -51 -- 5440 --081 1,075.68 5000 STANDARD WOOD PENCIL ASST COLORS WITH ONE COLOR IMPRINT PO Liquidation Amount 100 -51- 5440 -091 2,056.70 ------------------------------------------------------------------ Vend# Vendor Name -- --------- .- ._ °_-_ °____. --- ------------___`----------------------- Bank Check# Chk Date Check Amount Sep 683 NICHOLS LUMBER & HARDWARE AP 116431 04/26/CC 590.79 Claim# General DeSCripticn 30362 MISC SUPPLIES PO# Stat Cortr.'act## Invoice# 582469 GL Distribution 100 -23- 5210 Claim# General Description 30365 MISC HAREWARE PO# Stat Contract# Invoice# 5638 -0 587872 587880 58791'1 CL Distribution 114 -CI- 5210.093 Invc Dt Gross Amount 42/29/00 64.94 Gross Amount Description 64.94 MISC SUPPLIES Discount Amt Discount Used Net Amount 4.00 64.94 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/29/00 151.70 0.00 151.70 03/29/00 3,90 0.00 3.90 03/29/00 5.73 0.00 5.'73 Gross Amount Description 161.33 1 EA w * ** ANNVAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LUMBSR AND MISCELLANEOUS SUPPLIES PO Liquidation Amount 114 -61- 5210 - 093 7.61.33 CCS,Ar- Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA.) City of Baldwin Park Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'a 116364 to 116567 Claim# General Description 30366 MISC SUPPLIES PO# Stat Contract# Invoice# 5644 G 587320 587408 587657 587734 587995 588170 588205 5888217 GL Distribution 121 -66 -5210 121 -67- -521.0 ].21 -68 -.5210 PO Liquidation 121 -66 -5210 121 -67-5210 May 08, 2000 05:36pm Page 20 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/26/00 30.99 0.00 30,99 03/27/00 30.30 0.00 30.30 03/28/00 36.38 0100 36.38 03/28/00 27.77 6.00 27.77 03/29/00 8.65 U.00 8.65 03/30/00 60.41 0.00 60.41 03/30/00 142.48 0.00 142.48 03/30/00 27.54 0.00 27.54 Gross Amount Description 99.57 1 EA * * ** ANNUAL PURCHASE ORDER FOR FTSCAI, YEAR 1999 -2000 * *- MATERIALS AND SMALL TOOLS 264.95 1 EA ** DISTRIBUTION OF COST ** 0.00 1. EA ¢* DISTRIBUTION OF COST - Amount 99.57 254.64 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1332 OCE CREDIT CORPORATION DEPARTMENT 1570 ;GCE -LISA, INC.} AP 116432 04/26/00 1,043.49 Claim# General Description 30370 LEASE COPIER -P.D. ENGIN DEPT PC# Scat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5423 C 624581 03/22/00 488. 20 0100 486,20 GL Distribution Gross Amount Description 131 -14 -5760 -062 137 -14 -5760 -062 488.20 I. EA *'* ** ANNUAL PUR,CkLASE ORDER FOR .FISCAL, YEAR 1999 -2000 * * ** LEASE AGREEMENT FOR COPIER AT COMMUNITY CENTER, 3045 OFFICE SYSTEMS COPIER, AGREEMENT FOR TWD (2) OCE' 3045 COPIERS (ONE (1) FOR POLICE DEPT RECORDS - PO Liquidation SERIAL 412210. ONE (1) FOR ENGINEERING DEPT - SERIAL 412333) PO Liquidation Amount 131 -14- 5760 -062 488.20 Claim# General Description 30371 LEASE COPIER -CCD&M CNTR LEASE PMT #34 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5425 D 624698 63122100 243.56 0.00. 243.56 GL Distribution Gross Amount Description 131 -14 -5760 -062 243.56 1 EA * * ** ANNUAL PUR0 ASE ORDER FOR FISCAL YEAR 1999 -2000 -* LEASE AGREEMENT FOR COPIER AT COMMUNITY CENTER, 3045 OFFICE SYSTEMS COPIER, SERIAL #{22466} PO Liquidation Amount 131 =14 -5760 -052 243.56 Claim# General Description 30372 CGPTER MAINT -MAR COMM CNTR EXCESS -FEB PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5428 0 608267 03/09/00 311.73 0.00 311.73 GL Distributions Gross Amount Description CCS.AP Accounts Payable Release 5.6.3 N *APR700 By SANDRA A (SANDRA} City of Baldwin Park May 08, 2000 05:36pm Page 21 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 1.16567 131 -14 -5210 -062 311.73 1 EA * * ** ANNTJAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * *** M%INTENANCE CONTRACT POR COPIER AT COMMUNITY CENTER Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1136 OLIVIA CARRANCO AP 116433 04/26/00 250.00 Claim# General Description 30373 STROLLING CLOWN CINCO DE KAYO PRG 5/06/00 PO## Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 04/26/DO 250.00 O.oD 250.06 GL Distribution Gross Amount Description Gross Amount Description 150 -00 -2172 250.00 CLOWN 5/6/00 100 -57 -5210 250.00 Vend# Vendor Name FOR FISCAL YEAR 1999 -2000 Bank Check# Chk Date Check Amount Sep 3971 ORCHARD SUPPLY HARDWARE ACCTS PAYABLE (ORCHARD SUPPLY HARDWARE) AP 116434 04/26/00 486.35 Claim# General. Description 30368 MT-SC HARDWARE PO# Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount used Net Amount 6410 C 5112999 02/02/00 296.57 0.00 296.57 GL Distribution Gross Amount Description Description 100 -57 -5210 250.00 1 EA '* * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HARDWARE FOR FISCAL YEAR 1999-2000 * * ** HARDWARE ITEMS ITEMS 127 -57 -5210 46.57 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** RARDWARE FOR FISCAL YEAR 1999 -2000 HARDWARE ITEMS ITEMS PO Liquidation Amount Amount 100 -57 -5210 250.00 203.43 3.27 --57 -5210 46.57 C7.aim# General Description 30369 MISC SUPPLIES PO# Stat Contract# Invoice# invc Dt Cross Amoun,- Discount Amt Discount Used Net Amount 6410 C 0 03/07/00 189.78 0.00 169.78 GL Di- stribution Gross Amount Description 100 -57 -5210 0.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999-2000 * * ** HARDWARE ITEMS 127--57 -521_0 169.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 HARDWARE ITEMS PO Liquidation Amount 127-57 -5210 203.43 Vend# Vendor Name Hank Check# Chic Date Check Amount Sep 3234 PARTY CITY AP 116435 04/26/04 112.32 Claim# General Description 30375 MISC SUPPLIES PO# 8tat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5445 C 0 04/13/00 112.32 0.00 112.32 GL Distribution Gross Amount Description 150 -00 -2172 112.32 1. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** DECORATION SUPPLIES FOR SPECIAL, EVENTS (NOT TO EXCERD PURCHASE ORDER TOTAL) CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 22 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 116364 to 116567 PO Liquidation Amount 150 -00 -2172 105.43 fend# Vendor Dame Bank Check# Chk Date Check Amount Sep 4912 PC CASTLE, !NC. AP 116436 04/26/00 46.14 Claim# General Description 30374 KEYBOARD LOGITRCH (LttPP} PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 3173 04/13/00 46.14 0.00 46.14 GL Distribution Gress Amount Description Description 37634 132- 16.5210 46.14 KEYBOARD 105.00 ORDER FOR FISCAL YEAR 1999 -2000 * * ** SECURITY Vend# Vendor Name 02/18/00 50.00 Bank Check# Chk Date Check Amount- Sep 724 PERVO PAINT CO. INC 37916 AP 116,137 04/26/00 1,002.40 Claim# General. Description 30376 PERVOPLASTIC WHITE P09 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5564 0 795784 03/24/00 3.,002.40 0.00 1,002.40 GL Distrihution Cross Amount Description 114 -59 -5210 1,002.40 1 EA * * ** ANNUAL PUR.CHASB ORDER FOR FISCAL YEAR 1999 -2000 * * * *- WATER- BORNE, RAPID DRY TRAFFIC PAINT PO Liquidation Amount 114 -59 -5210 1,002.40 Vend# Vendor Name Bank Check# Chk bate Check Amount Sep 72,6 PHONEBY AP 116438 04/26/00 655..00 Claim# General. Description 30378 MISC REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/01/00 37448 01/14/00 105.00 0.00 105.00 Description 37634 02/04/00 105.00 0100 105.00 ORDER FOR FISCAL YEAR 1999 -2000 * * ** SECURITY 37760 02/18/00 50.00 0.00 50.00 PO Liquidation 37916 63/07/00 250.00 0100 250.00 N *APR700 37961 03/16/00 145.00 0.00 145.00 GL Distrihution Gross Amount; Description 131- 14 -521D -064 655.00 MISC SUPPLIES Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 726 PINKERTON AP 116439 04/26/00 1,627.84 Claim, General Description 30377 SECURITY SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5372 0 420470 04/01/00 1,627.84 - 0.00 1,627.84 GL Distribution Gross Amount Description 117 -55 -5000 -053 1,627.84 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SECURITY SERVICES FOR THE METROLINK STATION PO Liquidation Amount CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05 :35pm Page 23 Check History. Bank AD Check Dates 00/00/00 Co 99/99/99 Check #'s 116364 to 116567 117- S5 -SOOQ -053 1,627.84 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 730 ORANGE COMMERICAL CREDIT (PURSUIT) AP 116440 04/26/00 1,175.53 Claim# General Description 30379 MISC SAFETY EQUIP P.D. UNITS PO# Stat. Contractu, invoice# lavc Dt Gross Amounv Discount. Amt Discount Used Net Amount. 6310 0 23871 03/23/00 7.,175.53 0.00 1,175.53 CL Distribution. Gross Amount nescrivtion 107 -58 -5714 1,175.53 I EA * * ** ANNUAL P'MCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SAFETY EQUIPMENT PO Liquidation Amount 10758 -5714 1,175.53 Vend# Vendor Name Dank Check# Chk Date Check Amount Sep 732 RAMONA AUTO PARTS,IN AP 116441 04/26/00 535.97 Claim# General Description 30384 MISC AUTO PARTS PG# Stat Contract# Invoice# 5363 0 2093 2215 2216 2425 2532 2949 2732 2915 GL Distribution 130 -58 -5210 PO Liquidation 130 -58 -521.0 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/01/00 190.75 0.00 190.75 03/01/00 90,61 0.00 90.61 03/01/00 19.47 0.00 19.47 63/10/00 21.Jr2 0.00 21.52 03/14/00 8.48 0.00 5.48 03/14/00 136.97 0.00 136.97 03/20/00 54.11 0100 54117. 03/27/00 14.06 0100 14.06 Gross Amount Description_ 535.97 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** AUTO PARTS AND SUPPLIES Amount 535.97 Vend# Vendor Name Bank Ch.eck## Chic Date Check Amount Sep 2551 RAUL MIRANDA AP 116442 04/26/00 1,000.00 Claim# General Description 30383 P.A. SYS'T'EM /SOUND TEC13NICIAN CINCO DE MAYO PRG PO# Stat Contract# Invoice# Invc -Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 1,000.00 0100 1,000.00 GL Distribution Gross Amount Description 150 -00 -2172 1,000.00 SOUND TECH CCS.AP Accounts Payable Release 5,8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 06, 2000 05:36pn Page 24 Check History. Pank AP Check Dates GO/00 /00 to 99/99/99 Check-#'s 116364 to 116567 Vend# Vendor Name Pank Check# Chk Date Check Amount Sep 3494 RAY ANDREW'S FORD AP 116443 04/26/00 61 -65 C7 „aim# General Description 36385 MISC PARTS PD# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5456 0 FOR47437 03/3i/00 61.65 0.00 61.65 GL Distribution Gross Amount Description 130 -58 -5270 61.65 1. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FORD POLICE UNIT PARTS AND REPAIRS PO Liquidation Amount 130- -58 -5270 61.65 Vend# Vendor Name Bann Check# Chk Date Check Amount Sep 3.509 RE'NU OFFICE SYSTEMS AP :016444 04/26/00 15,807,06 Claim# General Description 30424 OFFICE SYSTEM HOUSING DEPT -PO4 Stat Contract# Invoice# .I.nvc Dt Grass Amount Discount Amt Discount Used Net Amount 6284 C 0000000948 04/05/00 15,807.06 0.00 15,807.06 GL Distribution Gross .Amount Description Description 162 -42 -5745 -017 15,807,06 1 EA HERMAN MILLER OFFICE SYSTEM (QUOTE 96625) ANNUAL PO Liquidation Amount AUTHORITY 102 -42 -5 745 -017 15,927,18 1C2 -01- 5000 -014 25.00 Vend# Vendor Name ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2400 * * ** HOUSING Rank Check# Chk Date Check Amount Sep 3964 REGENCY PET HOTEL MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) AP 116445 04/26/00 42.00 Clain# General Description 30382 ROOM CHARGES FOR K -9'S PO# Stat Contract# Invoice# lave Dt Grass Amount Discount Amt Discount Used Net Amount 63773 03/27/00 42.00 0.00 42.00 GIB Distribu tion Grass Amount Descriptian 100 -23 -5210 42.00 P.D. K-9'S Vend# Vendor Name Banc Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO AP 116446 04/26/00 50.00 Claim# General Description 30386 HOUSING AUTHORITY MTG ALLOWANCE 4/19/00 PO# Stat Contract#{ Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6131 C 0 04/26/00 50.00, 0.00 50.00 GL Distribution Gross Amount Description 102 -01 -5000 -010 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE {SECTION 8 EXISTING PORTION) 1C2 -01- 5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2400 * * ** HOUSING - AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) 102-01 -5000 -010 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 EXISTING PORTION) 102-01 -500G- 014 0.00 1 FA PACK PAY FOR FY1998 -99 MARCR, APRIL, MAY, JUNE (SECTION 8 VOUCHER CCS.AP Accounts Payable Release 5.8.3 N *4PR700 By SANDRA A (SANDRA) City of Baidwin Park May 08, 2000 05:36pm Page 25 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check#'s 116364 to 116567 PORTION) PO Liquidation. .Amount 102 -01- 5000 - 010 25.00 102 -01 -5000 -014 25.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO - AP 116447 04/26/00 50.00 Y Claim# General Description 30416 PINANCING AUT140RTTY MONTHLY MTG ALLOWANCE PO# Stat Contract# invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5395 O 0 04/26/00 x0.00 0.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR PISCAL YEAR 1999 -2000 * * ** FTNANCTNG AUTHORITY MEETING ALLOWANCE PO T,iquidati.on Amount 100-81 -5000 50.00 Vend## Vendor Name Banc Check# Chk Date Check Amount Sep 4489 RWP TRANSFER, INC. DBA: RECYCLED WOOD PRODUCTS AP 116448 04/26/00 2,546.62 Claim# General Description 30386 LANDSCAPE SUPPLIES Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5640 0 15614 10/10/99 2,473.31 0100 2,473.31 0100 19446 03/31/00 - 109.13 0.00 - 109.1.3 GL Distribution 0100 Grass Amount Descript: ion 114 -61 -5210 -093 04/03/60 159.45 2,364.18 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** TOOLS, GL Oistribution SUPPLIES AND BACKFILL MATERIALS PO Liquidation 100 -64- 5210 Amount 182.44 1. EA * * ** ANNUAL PURCHASE ORDER 114 -61 -5210 -093 1999 -2000 * * ** SILICA SAND 2,364.16 C =aim# General Description 30381 MISC LANDSCAPE SJPPLIES PO# Star Contract# invoice# lave Bt Gross Amount Discount Amt Discount Used Net Amount 5471 0 19357 03/26/00 10.23 0100 10123 .19555 04/01/00 12.76 0100 12.76 19610 04/03/60 159.45 0100 159.45 GL Oistribution Gross Amount Description 100 -64- 5210 182.44 1. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SILICA SAND AND OTHER RELATED SAND - BLASTING SUPPLIES PO Liauida.tion Amount 100 -64 -5210 182.44 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 26 Check Historv. Bank AP Check Dates 00/00/00 to 99199199 Check #'s 116364 to 116567 Vend # - Vendor Name Bank Check# Chic Date Check Amount Sep 749 SAN DIEGO ROTARY BROOM, INC. AP 116449 04/26/00 264.13 Claim# General Description 30388 COT "1 R BROOMS PC# Stat Contract## Invoice# 216079 GL Distribution 130 -58 -5210 Claim# General Description 30389 GOTTBR BROOMS PO# Stat Contract# Invoice#{ 5366 C 210079 GL Distribution 130 -58 -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/ 05/00 58.35 0.00 58.35 Gross Amount Description 58.35 GUTTER BROOMS Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/05/00 203.78 0.00 205.78 Gross Amount Description 205.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2900 * * ** REPLACEMENT SWEEPER BROOMS FOR TWO (2) STREET SWEEPERS PO Liouida.ti.on Amount 130 -58 -5210 205.30 ---- ------ `- ------ -- -------- -- - - -- — ------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount See 758 SAN GABRIEL VALLEY WATER AP 116450 04/26/00 4,045.11 C1a zr## General. Description 30390 WATER. USE PTMLIC SLDGS/ PARK MAINT PO# Stat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 5325 0 0 04/04/00 3,624.29 0.00 3,624.29 GL Distribution Gross Amount Description 1-00 -57 -5432 105.39 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** WATER USAGE IN CITY BUILDINGS AND FOR PARK FACILITIES 127 -57 -5432 3,518.90 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57- 5432 105.39 127 -57 -5432 3,518.90 Claim# General Description 30391 WATER USE - SPRINKLERS PO# Stat Contract# lnvoice4 Invc Dt Cross Amount Discount. Amt Discount used Net Amount 5387 0 0 04/05/00 420.82 0.00 420.82 GL Distribution Gross Amount Description 121 -68 -5432 420.82 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** WATER USA(3P AT BARNES PARK, MORGAN PARK, ROADSIDE PARK, WALNUT CREEK NATURE PARK AND OTHER LANDSCAPE AREAS PO Liquidation Amount 121 -68 -5432 420.82 CCS.AP Accounts Payable Release 5.8.3 N *APR ?00 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 27 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 770 SIGNAL MAINTENANCE AP 116451 04/26/00 3,256.20 Claim# General Description 30392 SIGNAL MAINT PO# Stat Contract# Tnvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 56017 0 74128 03 /31 /GG 481.68 0.03 481.68 73938 03/31/60 1,385.88 0.00 1,385.88 '74220 03/31/G0 37.82 0.00 37.82 73998 63/31/00 1,350.82 0.00 1,350.82 GL Distribution Gross Amount Description 221-56 -5000 3,256.20 1 EA * * ** ANNUAL PURCHASE ( ORDER FOR PTSCAL YEAR 3499 --2000 * * ** CTTYWIDP TRAFFIC SIGNAL,, STRBBT LIGHTS, ETC. 117 -56- 5000 -053 0.00 1 EA ** DISTRIBUTION OF COST ** METROLINK STATION AND ?SARK N RIDE PO Liquidation Amount. 121 -56 -5000 3,256.20 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 3974 SINCLAIR`S VINYL LETTERS & GRAPHICS AP 116452 04/26/00 96.97 Claim# General Description 30387 BANNERS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 0 ? /1B /00 96.97 0.130 96.97 GL Distribution Gross Amount Description 100 -81 -521.0 96.97 BANNERS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1185 AIRGAS (SO -CAL AIRGAS) AP 116453 04/26/00 17.42 Claim# General Description 30305 CYL RENTAL PO# Stat Contract# Invoice## Invo Dt Gross Amount Discount Amt Discount Used Net Amount 5,161 0 216679 03/31/00 17.42 0.00 17.42 .GL, Distribution Gross Amount Description. 130.58 -527.0 17.42 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR. 1999 -2flC0 * * ** OXYGEN, ACETYLEN AND WELDING PO Liquidation Amount. 130 -58 -5210 17.42 Vend# Vendor Name Sank Check# Chk Bate Check Amount Sep 777 SOUTHERN ALUMINUM - AP 116454 04/26/00 6,430.00 Claim# General Description 30393 TABLES PO## Stat Contract# Invoice# Invc Dt Gross Amount DS.BCCUnt Amt Discount Used Net Amount 6312 C 005379 04/06/00 - 6,430.00 0.00 6,430.00 GL Distribution Gross Amount Description 100 -73 -5'745 _ 2,558.51 10 BA 66" ROt7 D TABLE, METALLIC GRAY PINISH 100 -73 -5745 670.08 3 EA STORAGE TRUCK PpR ROUN7D TAST-ES CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 28 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116369 to 116567 100 -72 -5745 1,780.64 10 EA 6' TABLE, GREEN FINISH 100 -74 -5210 1,420.77 8 EA 6' TABLE, GRAY FINISH PO Liquidation Amount 100 -72 -5745 1;780.64 100 -73 -5745 3,228.59 100 -74 -5210 1,420.77 Vend# Vendor Name Bank Check# Chk Date Check Amount. Sep 2773 SOUTHERN CALIFORNIA E'DTSCN COMPANY AP 116455 04/26/00 6,367.22 Claim# General Description 30394 PUBLIC BLDGS- CHAMBER PARK MAIN`x PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5324 0 0 04/15/00 8,367.22 0.00 8,367.22 GL Distribution Gross Amount Description 706.19 30 CS #0694 -2510 EUREKA 301 7.00 -57 -5433 114.85 1 EA *—* ANNUAL. PURCHASE ORDER FOR FISCAL YFAR 1999 --2000 * * *x ENERGY FOR . PO Liquidation PUBLIC BUILDINGS AND FOR ALL PARK FACILITIES 127 -57 -5433 8,252.37 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount Bank Check# Chk Date Check Amount Sep 783 "STAMP OUT11 100--57- 5433 114.85 AP 116457 04/26/00 92.61 127 -57 -5433 8,252.37 Vendff Vendor Name Bank Check# Chk Date Check Amount Sep 4858 SPICERS PAPr -R, IN.0 (SPICBRS PAPER, INC.} AP 116456 04/26/00 842.19 Claim# General Description 30395 BOND PAPER POP Stat Contract# Invoiceli invc Dt Gross Amount Discount Amt Discount Used Net Amount 6395 C 552673 04/11/00 842.19 0.00 842.19 GL Distribution Grass Amount Description 131 -14- 5210 -D61 706.19 30 CS #0694 -2510 EUREKA 301 8.5X17. W141TE RECYCLED BOBS PAPER 131 -14- 521,0 -061 136.00 5 CS #0694 -2512 EUREKA 301 8.5X14 WHITE RECYCLED BOND PAPER PO Liquidation Amount 131 -14- 5210 -061 842.19 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 783 "STAMP OUT11 AP 116457 04/26/00 92.61 Claim# General Description 30398 ENGRAVED SIGNS PC# Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 00022938 04106100 92.61 0.00 92.61 GL Distribution. Gross Amount Description 100 -57 -6210 92.61 SIGNS - ..------------------------------------------------------------------------------------------------------- ------ -- ------ ------- - - - -- -- CCS.AP .Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Paxk May 38, 2630 65:35pm Page 29 Check History. Bank AP Check Dates 00 /00 /0G to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4463 STAR AUTO PARTS AP 116458 04/26/00 161.29 Claim# General Description 30396 MiSC AUTO PARTS PO# Seat. Contract# Invoice# Tnvc DC Gross Amount Discount Amt Discount Used Net Amount 53.67 3 D27100 04/04/00 38.32 0.00 38.32 D27130 04/04/00 6.28 O.Qo 6.28 727345 - 04/66/00 60.44 - 0.00 60.44 1396 TARGET SPECIALTY PRODUCTS 02734'7 04/06/00 27,05 0.00 27.05 D27346 04/06/00 27.05 0.00 27.05 D27840 04/11/00 2.15 0.00 2.15 GL Distribution. Gross Amount Description 130 -58 -5216 161.29 1 EA * * ** ANNUAL PURCPASE ORDER FOR FISCAL YEAR 1993 -2000 * * ** AUTO PARTS AND SUPPLIES - 20 Liquidation Amount 130 -58 -5210 161.29 Vend# Vendor Name Bank Checkg Chk Date Check Amount Sep 184 STATE BOARD OF RQUALTZATION FUEL TAXES DIVISION AP 116459 04/26/00 294.18 Claim# General Description 30397 UNDERGROUND STORAGE TANK FEE 07../01/00 - 03/31/00 PO## Stat. Contract# invoice# Snvc Dt Gross Amount Discount Amt Discount TJ8ed Net Amount 0 04/26/00 294.18 0.00 294.18 GL Distribution Gross Amount Description 130 -56 -5210 294.18 1 /1 /00- 3/31/00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 989 STATE OF CALIFORNIA FRANCHISE TAY BOARD AP 116460 04/26/00 353.48 Clai.m# General Description 30338 CASE #393501827 GARY C SPRY PP #5 -8 SAY DATE: 4/20/00 PC# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Anil Discount Used Net Amount 0 04/26/00 353.48 0.00 353.48 GL Distribution Gross Amount Description 100 -00- 2231 353.48 SPRY #5 -8 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1396 TARGET SPECIALTY PRODUCTS AP 116461 04/26/60 144.00 Claim# General Description 30399 SEMINAR 5/4/00 ART CASATELLANO TIM; CARDIEL SCOTT MCCAULEY RICHARD RODRIGUEZ PO#.Stat Contract'# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/25/00 1,40.00 0.00 140,00 GL UisY.xibutian Gross Amount Description 121 -68- 5330 140.00 SEMINAR 5/4/00 CCS.AP Accounts Payable Release 5.8.3 N *APR700 - By SANDRA A {SANDRA) City of Baldwin Paris May O8, 2000 05:36pm Page 30 Check Aistory. Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4504 THE DUMBELL MAN FITNESS EQUIPMENT AP 7.16462 04/26/00 121.65 Claim## General Description. 30400 MAINT /LABOR WBIGHT ROOM EQUIP P0# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6380 O 15217 03/29/00 121.65 0.60 121.65 GL Distribution Gross Amount Description 100 -72 -5210 121.65 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -20CD * * ** LABOR & PAR'I'S PO Liquidation Amount :i,00 -72 -5210 121.65 Vend# Vendor. Name Bank Check# Chk Date Check .Amount Sep 4813 TIME LIFE AP 116463 04/26/00 20.98 Claim'# General Description 30403 SUBSCRIP`T' ION- WDOD-WORK BLDG MAINT PO## Stat Contract# invoice# Invc Tit Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 20.98 0.00 20.98 GL Distribution Gross Amount De.9cripcion 100 -57 -5210 20.98 SUBSCRIPTION ----------------------------------------- 1---- - - - - -- ----------------------------------------------------------------------------- Vend# Vendor ~lame Bank Check #f Chk Date Check Amount Se 2450 TRMSAMERICA A.SSi7R.ANCB COMPANY AP 116464 04/26/06 81.30 C]_aim# General Description 30420 APRIL PREMIUM LIFE 1NSli2P.NCE PP#f 05 &06 EMPLOYER #f6779 204 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/26/00 81.30 0.00 81.30 GL Distribution Gross Amount Description Description 100 -00 -2303 81.30 APR 405/06 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- -2000 * * ** Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 814 TROPHY WORLD 0.00 AP 116465 04/26/00 106.89 Claim# Genera]. Description 30401 EMPLOYEE PLAQUE PO4 Stat Contract## Invoice?# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 5543 0 14763 04/07/00 53.31 0.00 53.31 GL Distribution Gross Amount Description 100 -72 -5210 53.31 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- -2000 * * ** MISCELLANEOUS AWARDS AND SPECIAL RECOGNITIONS 100 -73- 5210 0.00 1 EA ** DISTRIH=ICN OF COST ** PO Liqui.daticn Amount 100 -72 -5210 - 53.31 Claim# General Description 30402 PLAQUE -D HCLQUIN CCS,AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05.36pm Page 31 Check history. Sank AP Check bates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 14668 02/22/00 53.58 0.00 53.58 GL Distribution Gross Amount Description 100 -45 -5210 53.58 14OLGUIN ---------------------------------------------------------------------- Vend# Vendor Name ------ ----- ----- --- --- --- ------ ---------------------°_--_°_-- Bank Check# Chk Date Check Amount Sep 1858 UNITED PARCEL SEU.VICE AP 116467 AP 116465 04/26/00 -17.46 claim{ General Description 30411 SHIP MOBILE LAPTOP MOUNTS PC# Stat Contract# invoice# Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 0 04/26/00 37.46 0,00 37.46 IL Distribution Gross Amount Description 100 -25 -5210 37.46 P.D. Vend# Vendor Name Bank check## Chk Date Check Amount Sep 1455 WASTE MANAGEMENT of SAN GABRIEL /POMONA VALLEY AP 116467 04/26/00 269.74 Claim ## General. Description 30404 14317 MORGA.N ST APRIL SRV PO## Stat Contract## Invoice## Invc DL Grass Amount Discount Amt Discount Used Net Amount 5728 0 0527103 04/10/00 269.74 0.00 269.74 GL Distribution Gxoss .Amount. Description 102 -42 -5431 -013 269.74 1 FA * * ** ANNUAT_, PURCHASE ORDER FOR FTSCAL YEAR 1999 -2000 -- SERVICES RENDERED FOR BALDWIN PARK SENIOR HOUSING McNETL MANOR PO Liquidation Amount 102 -42 -5431 -013 269.74 Vend# Vendor Name Bank Check# Chk bate Check Amount Sep 3415 WEST COAST ARBORISTS, INC AP 116468 04/26/00 1,924.00 C:l.a.im# General Description 30405 TRBF MAIN7 SRV PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6351 0 17622 04/11/00 1,924.00 0100 1,924.00 GL Distribution Gross Amount Description 121 -65 -500(7 1,924.06 I EA * * ** ANNUAL PURC14ASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ZCNF TREE TRIMMING REMOVAL AND PLANTING BY CONTRACTOR PC Liquidation Amount 121 -65 -5000 1,924.00 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A {SANDRA} City of Baldwin Park. May 08, 2000 05:35pn Page 32 Check History. Bank AP Check Dates DO /DD /DD to 99/99/99 Check #'s 116364 to 116567 ------------------------------------------------------------------------------------------------...--_---------------__--------------- Vendit Vendor Name Bank Check# Chk Date Check Amount Sep 1211 KESTERN WATER WORKS AP 116469 04/26/00 539.74 Claim# General Description 30406 PARTS P09 Stat Contract# Invoice# 76312 -00 GL DiStributi.on 1.21 -66 -521.0 Cla.im# General. oescriotion 30407 PARIS PO# Stat Contract# Invoiced 5485 C 76312 -00 GL Distribution 121 -66 -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/30/00 140.87 0.00 140.57 Gross Amount Description 140.87 PARTS Invc Dt Gross Amount Discount Amt Discount Used Net Amount 03/30/00 398.87 0.00 398.87 Gross Amount Description 398.87 7. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SPECIALIZED LARGE DTAME"TER WATER MAIN LINE PARTS AND SUPPLIES PO Liquidation Amount 121 -66 -5220 398.87 Vend# Vendor Name Bank Check#, Chk Date Check Amount Sep 4351 YOUTF KARE LEAGUE AP 116474 04/26/00 150.00 Claim# General Description 30408 BOOTH RENTAL CINCO DE MAYO PRG PO4 Stat Contract# Invoice# Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 0 04/26/00 150.0o O.OG 150.00 GL Distribution Gross Amount Description. 100 -72 -5210 -200 150.00 BOOTH RENTAL S /6/04 vend# Vendor Name Bank Checkt# Chk Date Check Amount Sep 856 ZUMAR INDUSTRIES INC. AP 116471 04/26/00 37.67 Cl,a.z,m# General Description 30409 SIGNS PG# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5992 0 0026627. 03/31/00 37.67 0.00 37.67 GL Distribution Grass Amount Description 114 -59- 5210 -093 37.67 1 EA * * ** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** TRAFFIC CONTROL SIGNS, REGULATORY AND WARDING DEVICES PO Liquidation Amount 114 -59- 5210 -093 37.67 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park - May 08, 2000 05:36pm Page 33 Check History, Bank AY Check Dates 00/00/00 to 99/99/99 Check, #'s 1.16364 to 116567 Vend# Vendor. Name Bank Check# Chk Date Check Amount Sep 727 PETTY CASH AP 116473* 05/02/00 634.88 Claa.m# General Description 30428 REPLENISH PETTY CASH PO# Stat Contract)# Invoice# 6 GL Distribution 1Gc -5 -5330 100 -51 -5330 100 -51 -5330 114- 53 -5II00 -801 101 -41 -5330 100 -24 -5210 100 -24 -5210 100 -12 -5330 102 -42- 5330 -010 100 -21 -5330 2.00 -52-5210 114 -53 -5000 -801 100 -51 -5330 100 -51 -5330 150 -00 -2172 7.00 -72 -5240 100 -72 -5243 1.00 -72 -5240 100 -74-5210 150 -00 -2154 10U -55- 5000 -057 100 -75- -527.0 100 -74 -5210 100 -'72 -5330 100 -75 -5210 100 -25 -5210 100 -23 -5210 100 -12 -5330 Invc It Gross Amount 05/02/00 634°88 Gross Amount Description 15.00 S NAIYEN 15.00 A TDNANI 6.00 A TDNANT 46.4D N SYED 19.00 S TT40MPSON 50..00 C KURERRY 22.71 D REYNOSO 15.48 C AGUILERA 3.35 A REGDAHL 29.29 R HERNANDEZ 15.15 N SYED 47.08 N SYED 37.98 V VALVERDE 8.12 A IDNANI 11.75 iN CARRILLO 30.00 M SALAS 30.00 S 13ERNANDEZ 34.00 G FAJARDO 8.65 R PLANTICO 40.00 J GUERRERRO 4.21 K BOUTON 4.95 M SALAS 11.38 F AR.CHIBEQUE 20.00 M CARRILLO 37.86 B DELGADO 31.01 S DELGADO 22.71 L ARNOLD 26.80 S CAMP Discount Amt Discount Used Net Amount 0.00 634.88 Vend,# Vendor Name Bank Check?# Chk Date Check Amount Sep 982 RUDY HERNANDEZ - AP 116474 05/02/00 933,45 Claim# General Description 30429 GDLF TOURNAMENT DOOR PRIZES AND RAFFLE PRIZES PO# Stat Contract# Invoice# Invc Dt .Gross Amount Discount Amt Discount Used Net Amount 6461 C 0 04/25/00 933.45 0100 933.45 GL Distribution Gross Amount Description 150 -00- 2179 136.13 1 EA ##36076 MAXFLI GOLF BAG (REIMBURSEMENT) .150 -00 -2179 67.58 2 EA ##34247 GOLF CART ;REIMR';7RSEMFNT) 150 -00- 2179 149.99 l EA 4283367 MAGNAVOX 19" COLOR TELEVISION (REIMBURSEMENT) 150 -00 -2179 399 "80 20 ?KC, 435312 PINACLE GOLF BALLS (RETYIPURSEMENT) 150 -00 -2179 119.98 2 EA ##256722 MAGNAVOX AM /PM STEREO (REIMBURSEMENT) 150 -00 -2179 59.97 3 EA #329515 MEN'S CASIO WATCH (REIMBURSEMENT) PO Liquidation Amount CCS.AP Accounts Payable Release 5.8.3 N *APR70D By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 34 Check History. Bank AP Check Dates 00/0{1/00 to 99/99/99 Check #'s 116364 to 116567 Claim# General Description 30430 REPLENISH POSTAGE METER PO# S--at Contract# Invoice# 150 -00 -2179 933.45 Grow Amount. Discount Amt Discount Used Net Amount Wend¢# Vendor Name Hank Check# Chk Date Check Amount. Sep 821. U.S. POST OFFICE _ AP 116475 05/02/00 8,000.00 Claim# General Description 30430 REPLENISH POSTAGE METER PO# S--at Contract# Invoice# 'lmrc DtC Grow Amount. Discount Amt Discount Used Net Amount 0 05/02/00 8,000.00 0.00 8,000.06 GL DisLribur ion Gross Amount Description 15.00 A IDNANI 131-1-4 -5230 -061 8,000.00 POSTAGE' METER 114 -53 -5000 -801 46.40 Vend## Vendor Name 101 -41 -5330 14.00 Bank Check# Chk Date Check Amount Sep 821 17.5, POST OFFICE C KQBERRY 100 -24 -5210 AP 116476 65/02/00 198.00 Y Claim;# General Description 30431 POSTAGE STAMPS PO# Stat Contract# Invoice? Invc Dt.. Gross Amount Discount Amt Discount Used Net Amount 0 05/02/00 198.00 0.00 198.00 GI, Distribution Gross Amount Description 15.00 A IDNANI 131 -14- 5230-061 198.00 POSTAGE STAMPS 114 -53 -5000 -801 46.40 Vend# Vendor Name 101 -41 -5330 14.00 Bank Check# Chk Date Check Amount Sep 727 PETTY CASH C KQBERRY 100 -24 -5210 AP 116478* 05/02/00 634.B8 Claim# General Description 30435 REPLENISH PETTY CASA PO# Scat Contract.# Invoice# Inv,- Dt Gross Amount Disceunt.Amt Discount Used Net Amount 0 05/02./00 534.88 0.00 634.88 GL Distribution Gross Amount Description 100 -51 -5330 15.00 S NAIYEN 100 -51-5330 15.00 A IDNANI 100 -51 -5330 6.00 A IDNANI 114 -53 -5000 -801 46.40 N SYED 101 -41 -5330 14.00 S THOMPSON 7.00 -24 -5210 50.00 C KQBERRY 100 -24 -5210 22.71 D REYNOSO 100 -12 -5330 15.48 C AGUI &ERA 102 -42- 5330 -010 - 3,35 A HEGDAHL 100 -21 -533( 29.29 R HERNANDEZ 100 -52 -5216 15,15 N SYED 114 -53- 5000 -801 47.08 N SYED 7.00 -51 5330 37.98 V VALVERDE I00- 51-5330 8.12 A SDNAN-1 150 -00 -2172 11.75 M CARRILLO 100 -72 -5240 30.00 M SALAS 100 -72 -5240 30.00 S HERNANDF37 100 -72 -5240 30.00 G FAJARDO 100 -74- 52:.6 8.65 B PLANTICO 150 -00 -2154 40.00 J GUERRERRO lOD -55 -5000 -057 4.21 K HOUTON 100 -75 --5210 4.95 M SALAS CCE.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A MWDRA) City of Baldwin Park May 08, 20GO 05:36pm Page 35 Check History, Bank AP Check Dates 00/00/00 to 99199199 Check #'s 116364 to 116567 1,00 -74 -5210 11.38 F ARCHIDEQUE 100 -72 -5330 20.00 M CARRILLO 100 -75 -5210 37.86 B DELGADO 100 -25 -5210 31.01 B DELGADO 1DO -23 -5210 22.71 L ARNOLD 100 -12 -5330 26.60 S CAMP Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 982 RUDY HE'RNANDEZ AP 116479 05/02/00 933.45 Claim#f General Description 30432 GOLF TOURNAMENT DOOR PRIZES /RAFFLE PRIZES PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/02/00 933.45 0100 933.45 GL Distribution Gross Amount Description 198.00 POSTAGE STAMPS 150 -00 -2179 933.45 GOLF TOURN PRIZES Bank Check# Chk. Date Check Amount Sep ----------------------------------------------------------------------------- Vend# Vendor Name 219.50 50 EA DEF -'PEC #23ER SINGLE BEAN BAG --- ---- ------ ---- -- ---- --- -,_ Bank Check# ________._°---- -____ °____- Chk Date Check Amount Sep B21 U.S. POST OFFICE - - AP 116480 05/02/00 198.00 Claim# General Description 30434 POSTAGE STAMPS PO# Stat Contract# Invoice# Invc Dt Gross Amount. viscount Amt Discount Used Net Amount 0 05/02/00 198.00 0.00 198.00 GL Distribution Gross Amount Description 0.00 475.22 131 -14- 5210 -06i 198.00 POSTAGE STAMPS Vend# Vendor Name 517.60 I EA EXTREME CONCEALABLE ARMOR LEVVL IS Bank Check# Chk. Date Check Amount Sep 821 U.S. POST OFFICE 219.50 50 EA DEF -'PEC #23ER SINGLE BEAN BAG AP 116481 05/02/00 8,000.Oo Y Claim# General Description 30433 REPLENSSH POSTAGE METER PG# Stat. Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/02/00 8,000.00 0.00 8,000.00 GL Distribution Gross Amount Description 0.00 475.22 131 -14 -5210 -061 8,000.00 POSTAGE METER Vend# Vendor Name 517.60 I EA EXTREME CONCEALABLE ARMOR LEVVL IS Bank Check# Chk Date Check Amount Sep 8 AARDVARK. TACTICAL 219.50 50 EA DEF -'PEC #23ER SINGLE BEAN BAG AP 116483* 05/04/00 1,033.88 Claim# General Description. 30436 MISC SUPPLIES PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6424 C MPB -2184 03/29/00 558.66 0.00 558.66 MPE -2191 03/30/00 475.22 0.00 475.22 GL Distribution. Gross Amount Description 100 -23 -5210 517.60 I EA EXTREME CONCEALABLE ARMOR LEVVL IS (R, (AMPOS) 100 -23 -5210 219.50 50 EA DEF -'PEC #23ER SINGLE BEAN BAG 100- 23-5210 193.68 6 EA DEF --TEC 945 TRIPLE CHARGER 100 -23 -5210 102.90 10 EA MONADNOCK DCW (1/2 INCH WIDE DOUBLE CUFF /WHITE) 10 PER. PACK PO Liquidation Amount CCS.AP Accounts Payable Release 5.8.3 N *APR7D0 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 36 Check. History, Bank AP Check Dates 00/00/00 to 99/99/93 Check #'s 116364 to 116567 100 -23 -5210 1,033.88 Vend#) Vendor Name Bank Check# Chk Date Check Amount Sep 1365 ADAM'S MARK HOTEL AP 116484 05/04/00 1,567.05 Claim# General Description 30437 RESERVATIONS FOR NELEO CONFERENCE-3 SINGLE RMS 6/21/GG- 6/25/OQ MARLEN GARCIA MANUFL LOZANO RICARDO P.ACHECO PO## Stat Contract# Invoice# I= Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 .1,567.05 0.00 1,567.05 GL Distribution Gross Amount Description 100 -0 --- 5330 -100 522.35 LOZANO 6/21 -25/00 100 -01- 5330 -102 522.35 PACHECO 6/21 -25/00 100 -01- 5330 °103 522.35 GARCIA 6/21 -25/00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 24 ADAMSON INDUSTRIES AP 13 -6485 05/04/00 1,057.119 Claim# General Description 30438 FLARES, BLANKET,' CRIME ,SCENT: TAPE PO# Scat Contract# Tnveice# 6069 C 46566 GL Distribution 100 --25 -5210 100 -25 -5210 100 -25 -5210 PO Liquidation 100 -25 -521.0 Claim# General Description 30439 30 MINUTE FLARES Invc Dt Gross Amount Discount Amt 12/15/99 832.47 Gross Amount Description _ 545.97 10 CS FLARES 187.5E 30 RA EMF,RGENCY PATROL BLANK= 99.00 12 RL CRIME SCENE TAPE Amount 832.47 Discount Used Net Amount 0.00 832.47 PO4 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount: used Net Amount 6390 C 47744 03/14/00 224.62 0.00 224.62 GL Distribution Gross Amount Description 100 -25 -5210 224.62 5 CS 00152 /0730 - ORANGE 30 MINUTE FLARES (36 PER CASE) PO Liquidation Amount 100 -25 -527,0 224.62 Vend# Vender Name Bank Check# Chk Date Check Amount Sep 3797 AIRTOOCH PAGING (AIRTOUCH PAGING? AP 116466 05/04/00 29.2a Claim# General Description 30440 PAGERS - COUNCIL ACCT# L8- 454997 (MAY 2000) PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5751 0 L8454997AE 05/01/00 14.64 0.00 14.64 GL Distribution Gross Amount Description 100 -01 -5210 1.4.64 1 EA - -- ANNUAL PURCTU SE ORDER FOR FISCAL YEAR 1999 -2000 " — PAGERS FOR CITY COUNCIL PO Liquidation Amount 100 -01 -5210 14.64 Claim# General Description CCS.AP Accounts Payable Release 5.8.3 N*APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 206a 05136pcn Page 37 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 30531 PAGERS -COMM DEV ACCT41,8- 454997AE MAY SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount .5732 0 18454947AB 05/01/00 14.54 0.00 14.64 GL Distribution Gross Amount Description 102 -42- 5210 4.88 1 EA * * ** ANNUAL PUR,CRASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR STEVE CERVANTES, CATALINA REYES, 1TECTOR i1UNA, AND RICK FORINTOS 100 -46 -521.0 4.88 1 EA ** DISTRIBUTION OF COST ** 102 -41 -5210 4.88 1 EA ** DISTRIBUTION OF COST ** 102 -41 -5210 0.00 PO Liquidation Amount 100 -46 -5210 4.88 7,02 -41 -5210 4.88 1.02- 42- -523.0 - 4.88 Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 4481 ANTHONY MARTIN22 AP - 1.16487 05/U4/00 73.33 cl aim# General. Description 30442 REIMB MOINTHL`? EXPENSE PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 73.33 0,00 73.33 GL Distribution Gross Amount Description 150 -00 -2154 65.55 MISC SUPPLIES 150 -00 -2172 7.78 MISC SUPPLIES Vend# Vendor. Name Bank Check## Chk Date Check Amount Sep 4112 B.S.G. STUDIO, INC. AP 1.16488 05/04/00 386.45 Claim #.l3eneral Description 30444 T- SHIR'T'S (CENSUS 2000 VOLUNTEF,RS} PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6441 C 4607 04/18/00 386.45 O.00 386.45 GL Distribution Gross Amount Description 100 -51- 5210 -081 340.29 60 EA 1- -SHIRT (CENSUS 2000 VOLUNTEER) 100 -51 -5210 -081 46.16 1 BA ART SET -UP FE'E PO Liquidation Amount 1.00 -51- 5210 -U81 376.71 Vend# Vendor Name Hank Check## Chk Date Check Amcunt Sep 4656 BACKGROUNDS UNLIMITED AP 1.16489 05/04/00 650.00 C:l.a.i.m# General Description 30443 BACKGROUND TNVESTIGATTON F SFGUW1 PO# Star Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6373 C 34 03/15/00 650.00 0.00 654.00 GI, Distribution Gross Amount Description 100 -2S -5000 650.00 1 EA BACKGROUM INVESTIGATION {F SEGURA) PO Liquidation Amount 100 -25 -5000 650.00 --- ---- --- - - ---- - ------ ------ --- "- --`- ---- - --`- ----- --` - -- - -------- `---- - ------- ---`-`----`-'--.....°-_-_. ..--- `------- ------ ---- -- - - - - -- CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A {SANDRA) City of Baldwin. Park May 08, 2000 05;36pm Page 38 Check History. Bark AP Check Dates 60/00/00 to 99/99/99 Check #`s 1-16364 to 1-36567 ----- - - - - -- -------------------------------------------------------- --------- ------- - -.,------------------------------------------------ Vend# Vendor '_game Bank Check# Chk Date Check Amount Sep 139 BUDGET HOARD -UPS AP 116490 05/04/OD 150.00 Claim# General Description 30445 BOARD UP -13550 CORAK ST 204 scat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 508 04/12/00 150.00 0.00 1.50.00 GL Distribution Gross Amount Description 50.00 REC & COMNTY SRV 120 -47- 5030 - 031 150.00 13550 CORAK ST INSTALLATION OF TILE FLOORING AND BASE /COVE PC Liquidation Vend# Vendor Name Hank Check## Bank Check# Chk Date Check Amount Sep .2306 C.P.R.S. AP 116492 05/04/00 480.00 AP 116491 05/04/00 100.00 Claim# General Description 30446 AD -DIR OF REC & COMM SRV /DIR OF PUBLIC WORKS PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Not Amount 430 04/10/00 100.00 0.00 100.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 132 -16 -5000 50.00 REC & COMNTY SRV 102 -42- 5745 -02.7 132 -16 -5000 50.00 DTR PUBLIC WKS INSTALLATION OF TILE FLOORING AND BASE /COVE PC Liquidation .Venal# Vendor Name Hank Check## Chk Date Check Amount Sep 4830 CARPET COLORS 480.00 AP 116492 05/04/00 480.00 Claim# General Descript =ion 30447 INSTALL TILE FLOORING PO# Stat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Dis=,nt Used Net Amount 6436 C 2049 04/05/00 480.00 0.00 480.00 GL Distribution Gross Amount Description 102 -42- 5745 -02.7 480.00 1 RA PMCHASE AND INSTALLATION OF TILE FLOORING AND BASE /COVE PC Liquidation Amount 102 -42- 5745 -01,7 480.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1217 CASH AP 1-16493 05/04/00 2,257.00 Claim# General Description 30446 CHILD CARE SUBSIDY- .APRIL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5714 0 0 05/03/00 2,257.00 0.00 2,257.00 GL Distribution Gross Amount Description 120 -43- 5000 -085 2,257.00 1 EA * * *- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 2.999 -2000 * * ** PO Liquidation Amount 120 -43- 5000 -08F5 2,257.00 CCS.AP Accounts Payable Release 5.6.3 X— APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 39 Check History. Bank AP Check Dates 00 /00/40 to 99/99/99 Check #'s 116364 to '116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 108 CITY DF B.P. PAYROLL AP 116494 05/04/00 228,334.98 Claim# General Descripti.on 30532 PAYROLL DEPOSIT PP #09 P /E: 4/29 -/40 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount C 05/04/00 228,334.98 0.00 228,334.98 GSA Distribution Gross Amount Description 6,234.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2004 * * ** HELICOPTER 100 -00 -1010 228,334.98 PP #09 P /B: 4/29/00 PO Liquidation Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4327 CITY OF EIS MONTE Vend# Vendor Name AP 116495 05/04/00 6,234.00 Claim#k General Description 30449 HELICOPTER -MARCH PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5532 0 11538 04/12/00 6,234.04 0.00 6,234.00 GL Distribution Gross Amount. Description GL Distribution GS09S AriOUnt 106 -23 -5000 6,234.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2004 * * ** HELICOPTER 121 -65 -$330 OPERATIONAL COSTS BILL FLOATS PO Liquidation Amount 1DG -23 -5000 6,234.00 250 COLEN & LEE Vend# Vendor Name AP 116497 Bank Check#$ Chk Date Check Amount Sep 4886 CO OF L.A. -DEPT OF HEALTH SRVC CROSS- CONNECTION /WTR POLLUTION CONTROL PR. AP 116496 05 /04/00 197100 Claim## General Description 30950 EXAM FEE- BACKFLCW PREVENTION DEVICE TESTING CERTIFICATION BILL FLOATE PO# Stat Contract# Invoice# Invc Dt: Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 197.00 0.00 197.00 GL Distribution GS09S AriOUnt Description 121 -65 -$330 - 1.97.00 BILL FLOATS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 250 COLEN & LEE AP 116497 05/04/00 5,300.00 Claim# General Description 30451 NAY -GEN & Ai O LIAR CLAIMS ADMIN /STATISTICAL REPORTING WORKERS COMP CLAIMS ADMIN & STATISTICAL REPORTING PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 3439 0 0 04/14/00 5,300.00 0.00 5,300.00 GL Distribution Grass Amount Description 132 -16 -5000 5,300.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LIABILITY AND WORKERS COMPENSATION ADMIjT ISTRATSON FOR CLAIMS PO Liquidation Amount 132 -7G -5000 5,300.00 CCS.AP Accounts Payable Release 5.8.3 N *APR'700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 40 Check History. Bank AP Check Dates 00 /00/00 to 99/99/99 Check #'s 116364 to 116567 Vend.# Vendor Name Bank Check# Chk Date Check Amount Sep 2388 COMMUNICATIONS SYSTEMS SERVICES AP 116496 05/04/00 81.19 C1azm# General Descriptions 30452 DASH MOUNT PO4 Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5567 O 172178 04/12/00 81.19 0,00 81.19 GL Distribution Gross Amount Description 100 -23 -5210 81.19 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SERVICE AND Vend# Vendor Name - REPAIRS OF RADARS, LASERS, AND MOTORCYCLE HELMET RADIO SYSTEM PO Liquidation Amount AP 116500 05/04/00 325.00 Y 100 -23 -5210 81,19 Vend# Vendor Name Banc Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 116499 05/04/00 586.48 Claim# General Description 30509 CKSE #GD0026433 ARMANDO LOPEZ PP##09 PAY DATE: 5/4/00 PO# Stat Contract## `nvoice# lnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 586.48 0.00 586.48 GL Distribution Gross Amount Description 100 -00 -2231 586.48 LOPEZ #09 Vend# Vendor Name - Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 116500 05/04/00 325.00 Y Claim# Oenera.l, Description 30510 CAST; #KP0001755 NTCHOLAS MANPREi3l PP# 89,9 PAY DATE: 5/4/00 PO# Stat Contract# Invoice# lnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 325.00 0.00 325.00 GL Distribution Gross Amount Description 100 -00 -2231 325.00 MANFREDI 98 &9 _..--------------------------------------------------------------------------------------- Clued# Vendor. Name ----_...._..___-'-'__ Bank Check" -__-- -___`- -- - -- - ____.. ---- _ Chk Date Check Amount Sep 4601 D. F. POLYGRAPH DONALD E. FRASER AP 116501 05/04/00 1,575.00 Claim# General Description. 30453 POLYGRAPH EXAM MAYRA,MER.T.NO PO## Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Ner, Amount 6330 O 0 04/11/00 175.00 0100 1'15.00 GL Distribution Gross Amount Description 100- 25 -5D00 175.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PRE - EMPLOYMENT POLYGRAPH EXAMINATIONS 20 Liquidation Amount 100 -25 -5000 175.00 Claim# General Description 30454 POLYGRAPH EXAMS R. PONCE DR LEON G BERRY S MOLINA A GUERRA PO# Stat Contract;# invoice# - invc Dt Gross Amount Discount Amt Discount Used Net Amount CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 41 heck It story. Bank AP Check Dates 00/00/00 to 99/99/99 Check#'s 116352 to 116567 6330 0 0 03/23/00 175.00 0.00 175.00 02/01/00 700.00 00 03/23/00 175.00 0.00 175.00 000 03/27/00 17S-GG 0.00 175.00 0000 03/27/00 175.00 0.00 175.00 GL Distribution 175.00 R CARTWRIGHT Gross Amount Description 05/04/00 492.00 100 -25- 5004 100 --25 -5000 175.00 R PONCE DE LEON: PO Liquidation Amount 104 -25 -5400 175.00 G BERRY 700.00 1OC --25 -5000 Vend# Vendor Name 175.00 S MOLINA Bank Check# Chk slate Check Amount Sep 100 -25 -5000 175.00 A GUERRA 05/04/00 125.00 PO Liquidation Amount 100 -25 -5000 700.00 Claim# General Description 30455 POLYGRAP14 EXAM LONNIE LEGG PETER GRAEEEO RONALD CARTWRIGFTT RICPARD LUNA PO# Stat Contract# Invoice# Inv. Dt Gross Amount Discount Amt Discount Used Net Amount 6371 C 0 02/01/00 700.00 0.06 700.00 GL Distribution Gross Amount Description 100 -25 -5000 175.00 L LEGG - 100 -25 -5000 175,00 P GRAPPEO Dank Check# Chk Date Check Amount Sep 100 -25 -5000 175.00 R CARTWRIGHT AP 11{503 05/04/00 492.00 100 -25- 5004 175.00 R LUNA PO Liquidation Amount 100 -25 -5004 700.00 Vend# Vendor Name Bank Check# Chk slate Check Amount Sep 4332 DAVID GONZALES AP 115502 05/04/00 125.00 Claim# General Description 30456 REIMB EXPENSE PO## Stat Contract# Invoice# invc Dt Gross Amount Discount Amt D.scount Used Net Amount 0 05 /03/00 125.00 0.C4 125.00 GL Distribution Gross Amount Description 150 -00 -2172 125.00 REI,ME EXPENSE - Vend# Vendor Name Dank Check# Chk Date Check Amount Sep 4099 DELINQUENCY CONTROL INSTITITE AP 11{503 05/04/00 492.00 Claim# General Description 30457 TOITION -GARY BRECEDA JUVENILE JUSTICE UPDATE (POST PLAN III) PG# Scat Contract# invoice# Invc Dt . Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 492.00 0.00 492.00 GL Distributior Gross Amount Description 156 -00 -27.83 492.00 G BRECEDA CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin park May 08, 2000 05:36pm Pace 42 Check History, Bank AP Check Dates.00 /00/00 to 99/99/99 Check #'s 216364 to 116567 Vend# Vendor Name - Hank Check# Chk Date Check Amount Sep 3913 DEPT OF JUSTICE - ACCOUNTING SRV AP 116504 05/04/00 224.00 Claim# General Description 30958 FINGERPRINT CLEARANCE NFW EMPLOYFES -MARCH PO# Stat Contract# Invoice# Invc Ot Gross Amount Discount Amt Discount Used Net Amount 201213. 04/10/00 224 -00 0.00 224.00 GL Distribution Gross Amount Description 0.00 132 -16-5000 224 -00 MARCH THE LATCH-KEY PROGRAM Vend# Vendor. Name Amount Hank Check# Chk Date Check Amount Sep .2487 DISCOUNT SCHOOL SUPPLIES 1,304.65 AP 116505 05/04/00 1,266.63 Claim# General Description 30459 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6354 C D00794930101 04/19/00 1,266.83 0.00 1,266.83 GL Distribution Gross Amount Description 0.00 200 -75 -5210 1,266.83 1 EA MISCELLANEOUS SUPPLIES FOR THE LATCH-KEY PROGRAM PC) Liquidation Amount 100 -75 -5210 1,304.65 Hank Check# ----------- Chk Date Check Amount Sep Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4778 DOMINGUEZ BUILDING MAINTENANCE AP 116506. 05/04/00 234.00 Claim# General Description 30461 MAINT SRV- MCNEILL MANOR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 1213 04/26/00 151 -00 0100 151.00 1212 04/09./90 83.00 0.00 GL Distribution Gross Amount Description 102 - 42-5210 -013 234.00 MAINT SRV ------------------------- '----------------------------------------------------------------------------------------------------- Vend# Vendor Name Hank Check# ----------- Chk Date Check Amount Sep 1.331 DONNA TAYLOR AP 116507 05/04/00 1,419.00 Claim# General Description 30533 CASE#FL17620 M TAYLOR PP#08 -9 PAY DATE: 5 /4/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 1,419.00 0.00 1,419.00 GL Distribution Gross Amount Desc;rintion 100 -00 -2231 1,419.00 TAYLOR 98 -9 CCS.AP Accounts Payable Release 5.8.3 N*APR'700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05 :36pm Page 43 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount. Sep 398 DOUGLAS GOULD AP 116508 05/04/00 355.00 Claim# General Description 30462 EDOCATION REINS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 355.00 0.00 355.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 100 -25 -5345 355.00 EDUCTION RRIMB 24 EA PRINT ON PIQUE GOLF SKIRT 100 -72- 5210 -200 Vend# Vendor Name PHYSICIAN- BOXING SHOW Bank Check# Chk Date Check Amount Sep 2473 DR. PAUL WALLACE, M.D. 23.77 AP 1!6509 ©5/04/30 125.00 Claim# General Description 30460 CTNCO DE ?MAYO CELEBRATION DUTY MEDICAL PHYSICIAN BOXING SHOW PC# Stat Contract# _invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/01/00 125.00 0100 1.25.00 GL Distribution Gross Amount Description 355.38 24 EA PRINT ON PIQUE GOLF SKIRT 100 -72- 5210 -200 125.00 PHYSICIAN- BOXING SHOW {MFD -5, LRG -10, XLRG-7, XXLRG -21 Vend# Vendor Name 23.77 1 EA SET -UP FEE Bank Check# Chk Date Check. Amount Sep 4392 FAUIT LINB SCREERN PRINTING AP 116510 05/04/00 1,111.15 Claire# General Description 30463 GOLF SHIRTS PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6394 C 2065 04/26/00 379.15 0.00 379.15 GL Distribution Gross Amount Description 100 -73 -5210 355.38 24 EA PRINT ON PIQUE GOLF SKIRT 60/40 COLLAR SHIRT BLUE W /BEIGE TRIM {MFD -5, LRG -10, XLRG-7, XXLRG -21 1.00 -73 -523.0 23.77 1 EA SET -UP FEE PO Liquidation Amount 100 - 73-5210 398.72 Claim# General Description 34464 GOLF Sl=TS PC', Stat Contract!,' :invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6378 C 2066 04/26/00 732.00 O.00 732,00 GL Distribution Gross Amount Description 100 -72 -5216 708.06 48 EA PRINT ON PIQUE GOLF SHIRT 60/40 COLLAR SHIRT {COLOR: BULE w /BEIGE TRIM} 6 -SM, 4 -MED, 16 -LRG, 8 -XL, 2 -XXL 100 -72 -5210 23.94 1 EA SET -UP FEE PO Liquidation Amount 100 -72-5210 764.50 CCS.AP Accounts Payable Release 5.8.3 N *APR700 Sy SANDRA A (SANDRA} City of Baldwin Park May 06, 2000 05:36pm Page 44 Check History. Sank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 116364 to 116567 Vend{# Vendor. Name - Hank Check# Chk Date Check Amount Sep 2322 FOOD 4 LESS AP 2.16511 05/04/00 620.00 Claim# General Description 30466 20 YOUTH TICKETS @ $12. EA 20 ADULT TICKETS ? $3.4. EA KNOTT'S BERRY PAM SOUP IN STUDY TUTORING PROGRAM 5 /13/00 PD# Stat Contract# Invoicels: lnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 620.0(7 0.00 620.00 GL Distribution Gross Amount Description 05/04/00 239.18 150 -00 -2154 620.00 KNOTTS BERRY FARM Vend# Vendor Name - Bank Check# Chk Date Check Amount Sep 196 FRANCHISE TAX BOARD AP 116512 05/04/00 239.18 Claim# General Description 30S?l CASE #572$82481 )DONALD RODRIGUEZ P /E: 04/29/00 PP #09 PAY DATE: 5/4/00 Claim# General Description 30467 WEBSITE ADVERTISING DIR OF REC & COPNVY SRV DIR OF PUBLIC WORKS PO4 Stat Contract# Invoice-9 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0300 -2288 03/31/00 90,00 0. on 90.00 GL Distribution Gross Amount Description 132- 16 -SO00 90.00 DIR REC /PUBLIC WRKS CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) Pp# Slat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 239.18 0.00 239.18 GL Distribution Gross Amount Description 100 -00 -2231 - 239.18 RODRIGUEZ #09 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4517 FRANCISCO ORTIZ AP 116513 05/04/00 50.40 Cla m# General Description 30465 MUSIC ENTERTAINMENT CINCO DE MAYO POs# Stat Contracts# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 150 -00-2172 50.00 MUSIC ENTERTAINMENT Vend# Vendor Name Bank Check # Chk Date Check Amount Sep 4889 GOVWORKS AP 116514 05/04/00 90.00 Claim# General Description 30467 WEBSITE ADVERTISING DIR OF REC & COPNVY SRV DIR OF PUBLIC WORKS PO4 Stat Contract# Invoice-9 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0300 -2288 03/31/00 90,00 0. on 90.00 GL Distribution Gross Amount Description 132- 16 -SO00 90.00 DIR REC /PUBLIC WRKS CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2D ©O 05:36pzr, Page 45 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #,s 116364 to 116567 ------- --- - ----- - ------------------------------------"---------___---_--_-__-_--------___----_°__---------------------------------- Vend# Vendor Name Bank Check.# Chk Date Check Amount Sep 391 GTE CALIFORNIA AP 116515 05/04/00 116.60 Claim# General Description 30458 FAX °HOUSING DIV ACCT #01141217.0107520101 337 -2960 PO# Stat Contract# Invoice ## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/13/00 45.17 0.00 45.17 GL Distribution Gross Amount Description 102 -42 -5430 -014 45.17 337 --2960 FAX [`laim# General Description 30469 MCNEILL MANOR ACCT 40114121103.32638709 GATE PO# Stat Contracts; Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5724 0 0 04/1.3/00 30.70 0.00 30.7.0 G7, Distribution Gross Amount Description 102 -42 --5430 -013 30.70 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1.999 -2000 * * ** GAPE AT McNEIL MANOR - PO Liquidation Amount 102 -42- 5430 -D13 30.70 Clain# General Description 30470 COMM DEV ACCT #013.9:12119340451706 FAY. MODEM 338 -0537 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5726 O 0 04/19/00 40,73 0.00 40.73 GL Distribution Grass Amount Description 102 -42- 5430 -014 40.73 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FAX MACHINE - HOUSING AUTHORITY PD Liquidation Amount 102 -42 °5430 -014 40.73 Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4266 H.C. ASSOCIATES AP 116516 05/04/00 6,035.00 Claim## Genera? Description 30471 ',INTERIM PUBLIC WORKS DIRECTOR SRV 4/16- 4/30/00 POs# Stat Contracts( Invoice# Invc It Gross Amount Discount. Amt Discount: Used Net Amount 6186 0 07.4 04/27/6(1 6,035.00 0.00 6,035.00 GL Distribution Gross Amount Description 100 -51 -5000 603.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 PROFESSIONAL SERVICES - INTERIM PUBLIC WORKS DIRECTOR POSITION {GENERAL} 11.4 -51-5000 1,810.50 1 EA * * ** ANNUAL * * ** PROFESSIONAL SERVICES - PUBLIC WORKS DIRECTOR, POSITION (GAS TAX) 117 --51 -5000 -050 603.50 1 EA * * * * AN7JAL * * * * PROFESSIONAL SERVICES - PUP LIC WORKS DIRECTOR POS"iTiON (PROP A /PROP A ADMIN) 116 -51 -5000 -056 1,508.75 1 EA * * ** ANNUAL * * ** PROFESSIONAL SERVICES - PUBLIC WORKS DIRECTOR POSITION (PROP C /PROP C ADMIN) 120 -51 -5000 -037 905.25 I EA * * ** ANNUAL * * ** PROFESSIONAL SERVICES PUBLIC WORKS DIRECTOR POSITION (CDBG /CAPITOL PiRJ AD-MIN) 121 -51 -5000 301.75 1 EA * * ** ANNUAL * * ** PROFESSIONAL SERVICES - PUBLIC WORKS DIRECTOR POSITION (STREET LIGHTING & LANDSCAPE) CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A {SANDRA) City of Baldwin Park Tnvc Dt Gross Amount May 08, 2000 05!36pm Page 46 Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check3 #'s 116364 to 116567 Description 7.27 -51 -5000 301.75 1 RA * * ** ANNUAL * * ** PROFESSIONAL SERVICES - PUBLIC WORKS DIRECTOR Amount PGSiTION (PARKS MATNT) 165.00 PO Liquidation Amount Hank Check# Hank Check# Chk hate Check Amount Sep 4666 KANSON INVESTTGATION & BACKGR01ND 100 -51 -5000 603.50 AP 116518 05/04/00 836.30 114 -51 -5000 1,810.50 117 --51 -5000 -050 603,50 13.8 -51- 5000 -056 1,508.75 120 -51 -5000 -037 905.25 121 -51 -5000 341.75 127 -51 -5000 301.75 Vend# Vendor Dame Hank Check# Chk Date Check Amount Sep 3842 HALBERT BROTHERS, INC. AP 116557 05/04/00 185.00 Claim# General Description 30472 STORE LEG BULK EVIDENCE PO# Stat Contract# invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 6372 C 3000301 -TN 02/29/00 185.00 0.00 185.00 GL Distribution Grass Amount Description 100 -24 -52:.0 185.00 1 EA STORAGE OF LARGE, RULY, EVIDENCE (98- 05356) PO Liquidation Amount 100 -24 -5210 165.00 Vend# Vendor Name Hank Check# Hank Check# Chk hate Check Amount Sep 4666 KANSON INVESTTGATION & BACKGR01ND PROFILES AP 1 16519 AP 116518 05/04/00 836.30 Claim# General Description 30473 BACKGROQND INVESTIGATICN D VEJAs7. PO# Stat Contract# invoice## Irxvc Dt. Gross Amount viscount Amt Discount Used Net Amount 6374 C 3P 00- 323 03/23/00 836.36 0.00 636.30 GL Distribution. Gross Amount Description 100 -25 -5000 836.30 1 EA BACKGROUND INVEST'I_GATICN (D VEJAR) PD Liquidation Amount 100 -25 -5000 836.30 Vend# Vendor Name Hank Check# Chk Pate Check Amount Sep 4892 IMAGE TIME AP 1 16519 05/04/00 236.68 claim# General Description 30474 INKTET PRINT CARTRIDGE PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount- Used Net Amount 6429 C IT-99502 04/21/00 236..68 0100 236.68 GL Distribution Gross Amount Description 100 -24 -5210 124.04 4 EA 51645A HP INKJET PRINT CARTRIDGE 100 -24 --5210 112.64 4 EA C1823D HP INKJ2T PRINT CARTRIDGE PO Liquidation Amount 100 -24- 5210 236.68 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 47 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4560 :RWINDALB INDUSTRIAL CLINIC AP 116520 05/04/00 32.00 Claim# General Description 30475 HAIR SAMPLE DRUG TESTING N MERINO M ROBLES D BER14ADINI S SCHWER PO# Stat Contract# Invoice# 0369 0.370 0372 0373 GL Distribution 132 -16 -5000 Invc Dt Gross Amount Discount Amt Discount Used 03/06/0D D3 /D6 /00 8.00 0.00 03/09/00 8.00 0.00 03/10/00 8.00 0.00 Gross Amount Description 32.00 HAIR SAMPLE DRUG TEST Net Amount S.DD 8.00 8.00 8.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 517 303.5 AVAILABLE AP 116521 05/04/00 239.20 Clain# General Description 30476 ADVERTISING DIR OF REC /COMM SRV DIR OF PUBLIC WORKS PO# Scat Contract# Invoice# Invc Dt Gross Amount .Discount Amt. Discount Used Net Amount 007013 03/27/00 239.20 0.00 239.20 GL Distribution Gross Amount Description 132 -16 -5000 239.20 DIR REC /PUBLIC WORKS Vend# Vendor Name Bank. Check# Chk Date Check Amount Sep 855 .709N YEDNG AP 7,16522 05/04/00 _ 84.00 Claim# General Description 30477 PER DIEM5/10/00 °5/11/60 PO# Stat Contract# Invoice# .Invc Dt Gross Amount Discount Amt Discount. Used Net Amount 0 05/03/00 84.00 0.00 - 84.00 GL Distribution Gross Amount Description 131 -13- 5330 84.00 5/10/00-5/11/00 ---------- .------------------------------------------------------------------------------------- Vend# Vendor Name ----------_----------------------_------- Bank Check# Chk Date Check Amount Sep 3657 3OSE R. SANCHEZ AP 116523 05/04/00 4,471.50 Claim# General Description 30478 INTERIM FINANCE DIRECTOR. SFRV 4/17/00- 4/30/00 PD# Stat Contract# Invoice# 6163 0 9 GL Distribution. 100 -12 -5000 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 05/02/00 4,471.50 0.00 4,472.50 Gross Amount Description 2,973.54 1 BA * *x* ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 ** ** SERVICES AS INTERIM FINANCE DIRECTOR 0 $75.00 PBR HOUR AT 32 HOURS PER WEEK (100) 101 -12 -5000 -020 279.47 1 EA * * ** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR (101/020) 101 -12 -5000 -025 279.4'7 1 EA * * ** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR 1101/025 117 -12 -5000- -050 223.58 1 EA * * ** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR (13.7/050) 118 -12 -5000 -056 196.75 1 EA * *** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR (118/056) 120 -7.2- 5000 -030 71.54 1 FA * * ** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR (120/030) 131 -12 -5000 -03.3 447.15 1 EA * * ** ANNUAL * * ** SERVICES AS INTERIM FINANCE DIRECTOR (131 /013) PO Liquidation Amount CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:3Gprq Pace 48 Check History. Bank AP Check Dates 09/00/00 to 99/99/99 Check #'s 116364 to 116567 100-12 -5000 2, 973. 54 101 -12- 5000 -020 279.47 101 -12 -5000 -025 279.47 x 7- 12- 500C -05Q 223.56 118 --12- 5000 -056 196.75 1.20 -12 -5000 -030 71.54 7.37. -12 -5000- 013 447.1.5 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4251 L & M DIVERSIFIED AP 116524 05/04/00 115.00 Claim)# General Description 3053D SPRINKLER REPAIR PO4 Stat Contract# Invoice4 Invc Dt Gross Amount Discount Amt Discount Used Net Amount - 38230 04/26/00 115.00 0.00 lis .00 GL Distribution. Gross Amount Description GL Distribution Grass Amount 132 -42- 5210 -013 115.00 SPRINKLER REPAIRS Gross Amount Description 130 -S8 -5210 Vend# Vendor Name STORAGE TANKS Bank Check# Chk Date Check Amount Sep 3753 L,A, CO. PIRE DEPT AP 116525 05/04/00 196.00 Claim# General Description 30482 CnVDERGROUND STORAGE TANKS CUPA# 04654 -2 PO4 Stat Contract## Invoice)# Invc Dt Gross Amount Discount Ant Discount Used Net Amount 20DO4936 04/20/00 198.00 0100 198.00 GL Distribution Grass Amount Description 69.00 VIDEO STILL PRINTS Gross Amount Description 130 -S8 -5210 198.00 STORAGE TANKS Bank Check# Chk Date Check Amount Sep Vend# Vendor Name AP 116527 Bank Check# Chk Date Check Amount Sep 4853 T.,.A. CO SHERIFF I.C.z.H. `BCHNTCAL OPERATIONS AP 116526 05/04/00 69.00 Claim 4 General Description 30484 VIDEO STILL 22.INTS PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 00C125 04/18/00 69.00 0.00 69.00 GI. Distribution Gross Amount Description 04/11/00 534.08 0.00 534.08 100-24 -5210 69.00 VIDEO STILL PRINTS Gross Amount Description vend# Vendor Name Bank Check# Chk Date Check Amount Sep 568 L.A. CO. SHERIFF'S DEPT. AP 116527 05/04/00 679.92 Claim# General Description 39483 ARPF87EE PROCESSTNG PER PO# Stat Contract## Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5510 D 25032 04/19/00 145.84 0.00 145.84 24755 04/11/00 534.08 0.00 534.08 GL Distri`nuticn Gross Amount Description 100 -23 -5000 679.92 7. EA * * ** ANV°JAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BOOKING FEES PO Liquidation Amount 100 -23 -5000 679.92 CCS.AP Accounts Payable Release 5.8.3 N'APR700 By SANDRA A (SANDRA) City cf Baldwin Park May 06, 2,000 05.36pm Page 50 Check History. Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Barak Check# Chk Date Check Amount Sep 549 LAMER WORLD WTDE AP 116528 05/04/00 51.22 Claim# General Description 30479 STANDARD CASSETTE FD# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 62202648 04/17/00 51.22 0.00 51,22 GL Distribution Gross Amount Description GL Distribution Gross Amount 101 -41 -5210 51.22 CASSETTE 1 RA * * ** ANNUAL 100 -04 -5010 ------------ -------- ----- ------ ----- --- - - Vend## Vendor Name -- — - ---- -------- ---- - -- — -------------------------------------- Barak Check# ------ --- ..._- ._- __- ___________ Chic Date. Check Amount Sep 4466 LEAL OLIVAS & JAUREGUI, LLP AP 116529 05/04/00 281.00 claim# General Description 30481 PROFESSIONAL SRV TFRU P3B 29, 2000 GEN LITIGATION -$113. MONTROSE -$168. 0O4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 03/13/00 181.00 0,00 181.00 GL Distribution Gross Amount Description 99.47 LEGARRA 1 RA * * ** ANNUAL 100 -04 -5010 181.O0 SRV THRJ 2/29/00 Bank Check# Chk Date Check Amount Sep Venal# Vendor Name AP 116532 Bank Check## Chk Date Check Amount Sep 3266 LIEBERT CASSIDY AP 116530 05/04/00 9,028.45 C18i.m4 General. Description 30480 PROFESSINAL SRV GEN -18SO. NELSON- 9:076.33 CLEMONS- 3102.12 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/12/00 9,028.45 0.00 9,028.45 GL Distribution Gross Ameu.nt Description 99.47 LEGARRA 1 RA * * ** ANNUAL 100 -04 -5000 9,028.45 PROFESSIONAL SRV Bank Check# Chk Date Check Amount Sep - — — ------------------------------------------------------------------------------------------------'-------------------""----"------ tiend# Vendor Name AP 116532 Bank Check# Chk Date Check Amount Sep 4563 MBNA AMERICA BUSINESS CARD AP 116531 05/04/00 99.47 Claim# General Description 30465 CARD##5474- 9764 -9868 -2679 RICHARD LEGARRA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/02/00 99.47 0.00 99.47 GL Distribution Gross Amount Description Description 100 -21-5330 99.47 LEGARRA 1 RA * * ** ANNUAL PURCRASE ORDER ?OR FISCAL YEAR 1999 -2000 * * ** PARKING Vend# Vendor- Name N *APR7o0 Bank Check# Chk Date Check Amount Sep 691 MICHAEL J O'DAY & ASSOCIATES AP 116532 05/04/00 15.00 Claim# General Description 36486 MARCH INVOICE PO# Stat Contract'# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 5534 0 0 04/14/00 15100 0100 15.00 GL Distribution Gross Amount Description 100 -23 -50x0 15.00 1 RA * * ** ANNUAL PURCRASE ORDER ?OR FISCAL YEAR 1999 -2000 * * ** PARKING CC9.AP Accounts Payable Release 5.8.3 N *APR7o0 By SANDRA A {SANDRA} City of Pa'ldwin Park May 08, 2000 05e36pm Page 51 Check Hj.story. Bank: AP Check Dates OD /00 /00 to 99/99/99 Check #`s 116364 to 116567 CITATION ADJUDICATION PO Liquidation - Amount 100 - -23 -5000 15.00 Venda# Vendor Name Hank Check# Chk Date Check Amount Sep 653 MI --HAEL SALAS AP 116533 05/04/00 65.87 Claim'# General Description 30488 REIMB MONTHLY EXPENSE P4# Stat Contract# Invoice# Invc DU Gross Amount Discount. Amt Discount Used Net Amount Q 05/03/00 65.87 0.00 65.87 GL Distri.bution Gross Amount Description GL Distribution Gross Amount 100 -81 -5210 65.87 REIMS EXPENSE 70.32 107 -58 -5714 Vend;; Vendor Name 7. EA D34MJA77A3K MOBIL RADIO Bank Check# Chk Date Check. Amount Sec 1838 MIKE CRAVENS 38.80 AP 116534 05/04/00 242.07 Claim#} General Description 304S7 RPIME- 14ODSING APPLIANCES PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/01/00 242.07 0.00 242.07 GL Distribution Gross Amount Description 102 -42 -5210 -017 242.07 HOUSING APPLIANCE'S Vend# Vendor Name Rank Check# Chk Date Check Amount Sep 647 MOTOROLA COMMUNICATIONS ATTN: DAVE PERNICE AP 116535 05/04/00 770.00 Claim'# General Description. 30469 MOBIL RADIO & INSTALLATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6171 C W0080716 03/17/00 770.00 D.QO 770.00 GL Distribution Gross Amount Description 0.00 70.32 107 -58 -5714 523.54 7. EA D34MJA77A3K MOBIL RADIO 7.07 -58 -577.4 38.80 1 EA HLN9329R EMERGENCY PUSH FOR FISCAL YEAR 1999 -2000 * * ** HARDivARE 107.58 -5714 32.09 1 EA RSN9326 ETERNAL SPEAKER 107 -58 -5714 175.57 1. EA SERVICE I:NSTALL210TON OF MQSIL RADIO PG Liquidation .Amount By SANDRA A (SANDRA.) 107 -58 -5714 877.14 Vend4 Vendor Name Bank Check# Chk Date Check Amount Sep 3712 MR. BILLS TRUE VALUE AP 116536 05/04/00 93.5D Claire# General Description 30491 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5993 C 20133 03/14/00 23.18 DAD 23.18 20135 03/14/00 70.32 0.00 70.32 GI., D .str-- butlOn Gross Amount Description 2,00 --64 -527.0 93.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HARDivARE AND RELATED SUPPLIES PO Liquidation Amount CCS.AP Accounts Payable Release 5.6.3 N *APR700 By SANDRA A (SANDRA.) City of Baldwin Park May 08, 2000 05:36pm Page 52 Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 100 -64 -5214 93.80 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2112 NALEO EDUCATION FUND AP 116537 05/04/06 750.00 Claim# General. Description 30492 REGISTRATION RICARDO PACHECO MANTFJEL LOZANO MARLEN GARCIA 6/22- 6/24/00 PO# Stat Contract# invoice# xnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/03/00 750.00 0.00 754.00 GL Distribution Gross Amount Description Description - 100 -01- 5330 -100 250.00 M LCZANO 10 HX 7862 SYNETRON GLOVES, MEDIUM 100 -01- 5330 -102 250.00 R PACHECO 10 BX 7863 SYNETRON CLOVES, LARGE 1DO -01 -5330 -103 250.00 M GARCI.A 24 PR 7912 INTEGRA SAFETY CLASSES, BLACK /CLEAR PO Liquidation Vend# Vendor Name 250.00 Bank Check# Chk Date Check Amount Sep 4689 NO_R.MED AP 116536 05/04/00 214.92 Claim# General Description 30493 GICVES /GLASSES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6389 C 15553 *315584 03/17/00 214.94 0.00 214.94 GL Distribution Cross Amount Description - 100 -24 -5210 94,18 10 HX 7862 SYNETRON GLOVES, MEDIUM 100 -24 -5210 77,80 10 BX 7863 SYNETRON CLOVES, LARGE 2.00 -24 -522,0 42,36 24 PR 7912 INTEGRA SAFETY CLASSES, BLACK /CLEAR PO Liquidation Amount 250.00 100 -24 -5210 214.94 Vend## Vendor Name Dank Check# Chk Date Check Amount ,Sep 710 PACIFIC BELL AP 116539 05/04/00 48.46 Claim# General Description 30494 PRIVATE LINE SRV 331 254 5633 464 184 POLICE DEPT Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04 /07/00 48.46 0100 48.46 GL Distribution Gross Amount Description Description 100 -25 -5430 48.46 P.D. 1 EA " ** ANWAL PU?,CFPSE 09-DFR FOR FISCAL YEAR 1-999-2000 * * ** MAINTENANCE Vend# Vendor dame Hank Check# Chk Date Check Amount Sep 3702 RALPH V'ILLASENIOR PAINTING .Amount AP 116540 05/04/00 4,106.00 Claim# General Description 30495 PAINTING SRV PO# Stat Contract## Invoice# Invc Dt Gross Amount Discoun.t Amt Discount Used Net Amount 6265 C 692116 04/10/06 250.00 0.00 250.60 GL Distribution Grass Amount Description 100 -57-5703 250.66 1 EA " ** ANWAL PU?,CFPSE 09-DFR FOR FISCAL YEAR 1-999-2000 * * ** MAINTENANCE PAINTING PD Liquidation .Amount 100 -57 -5703 250.00 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A {SANDRA) City of Baldwin Paris May 06, 2000 05.36pm Page 53 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Checkg's 116364 to 116567 Claim# General Description 30496 PAINTING SRV PC# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6438 0 92116 04/10/00 2,000.00 0.00 2,000.00 92117 04/10/00 500.00 0.00 500.00 9211.8 04/10/00 350.00 0.00 350.05 Vend# Vendor Name 92122 04/14/00 900.00 0.00 900.00 92123 04/14/00 100.00 0.00 100.00 GL Distribution Gross Amount Description 100 -57 -5703 3,850.00 1 BA ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINTENANCE PAINTING PO Liquidation Amount 100 -57 -5703 3,850.00 -------------------------------------------------------------------------...-.._-._.._-_ Vend# Vendor. Name _-- ° °__--------- _ °_--- Bank Check# ___ -_ -- -- __-- ____ - -- _____ Chk Date Check Amount Sep 654 RFLNDALL V. MORRIS AP 116541 05/04/00 :.23.02 Claim# General Description 36497 TRAVEL SXPRNSE DARE CONE PO# Stat Contr..act# Invoice# Invc Ot Gross Amount Discount Amt Discount IIsed. Net Amount 0 05/03/00 123.02 - 0.00 123.02 C.,L Distribution Gross Amount Description 100 -25 -5330 89.00 D.A.R.E. 140 -23 -3320 34.02 D.A.R.E. Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1504 PE`N'U OFFICE' sys, "C'EMS AP 116542 05/04/00 2,944.40 Claim'# General. Description 30498 LEGAL FILE PC# Stat Contract# Invoice# Invc Dt, Gross Amount Discount Amt Discount Used Net Amount 5435 C 1016 04/20/00 2,893.52 0.00 2,893.52 GL Distribution Grass Amount Description 102 -42 -5745 -017 2,693.52 7 EA ED1626CN SIX SHELF LEGAL OPEN FILE SYSTEM PO Liquidation Amount 102 -42 -5745 -017 2,893.52 Claim# General. Description 30499 SHELF DIVIDERS PO# Stat. Contract# Invoice# rove Dt Gross Amount Discount Amt Discount Used Net Amount 1116 04/27/03 50.88 0.00 50.88 GL Di.stra.biiti.on Grass Amount Description 102 -42- 5745 - 017 50.88 SHELF DIVIDERS CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 54 Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #`s 116364 to 116567 Vend# Vendor Name Bdnk Check# Chk Date Check Amount Sep 1162 RICK VASQUEZ AP 116543 05/04/00 100.00 Claim# General Description 34500 BANNER -CINCO DE MAYO PO# Stat Contract# Invoice# Invc Dt Gros, .Amount Discount Amt Discount Used Net Amount 0 05/04/00 100.00 0.00 100.00 GL Distribution G -ross Amount Description 326.00 KIRKMAN #8 &9 100 -72- 5210 -200 100.00 BANNER -CINCO nE MAYO Rank Check# Chk Date Check Amount Sep Vend# Vendor Name AP 116546 ;3ank Check# Chk Date Check Amount Sep 736 RIO HONDO COMM. COLLEGE AP 116544 05/04/00 37.40 Claim# General Description 30515 PHYSICAL AGILITY TEST PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount SOO 3 TK4 2308 04/06/00 37.40 0.00 37.40 GL Distribution Gross Amount Description 100 -25 -5000 37.40 AGILITY TEST vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4406 RTVBRSTDB CO DIST ATTORNkY AP 116545 05/04/00 326.00 Claim# General Description 30512 CASE 34044770AI. KEVIN K KIRKMAN PP# 08 &05 PAY DATE: 5/4/00 20# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 326.00 0.00 326.06 GL Distribution Gross Amount Description 100 -00 -2231 326.00 KIRKMAN #8 &9 Vend# Vendor Name - Rank Check# Chk Date Check Amount Sep 2519 R.OBBINS PRECAST, INC AP 116546 05/04/00 1,191.83 Claim# General Description 30516 CONCRETE TRASH CANS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6276 C 4378 04/20/00 1,191.83 0.00 1,1.91.83 GL Distribution Gross Amount Description- 100-57-5210 1,191.63 3 EA CONCRETE TRASH CAN WITH LID, LINER AND DELIVERY PO Liquidation Amount 100 -57-5210 1,173.27 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May O8, 2000 05:36pm Page 55 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 899 ROBERT DELGADO AP 116547 05/04/00 821191 Claim# General Description 30501 EDUCATION REIMB PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount: Amt Discount Used Net Amount 0 05/44/00 321.91 6.00 821.91 GL Distribution Gross Amount Description 100 -25 -5345 821.91 EDUCATION REIMS Vend# Vendor Name Sank Check#,' Chk Date Check Amount Sep 4185 SAN BERNARDINO CHILD SOPPORT AP 7.16548 05/04/00 50.04 Claim# General Description 30514 CASE #ODA014933 G FiERIRO PP #09 PAY DATE: 5/4/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 02/24/OO 875.1.E 0 35/04/00 50.00 0.00 50.60 GL Distribution Gross Amount Description 875.16 #30124 100 -00 -2231 Vend# Vendor Name 50.00 FIERRO 909 Bank Check# Chk Date Check Amount Sep ------------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name AP 116551 Hank Check# Chk Date Check Amount Sep 751 SAN BERNARDINO COUNTY SHERIFF'S DEPT AP 116549 05/04/00 ?50.00 Claim# General Description 30503 TUITION-JASON COLEMAN 5/8/00 (EVOC COURSE) PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/00 150.00 O.Oo 150.60 GL Distribution Gross Amount Description 150 -00 -2183 150.00 J COLEMAN Vend# Vendor Name Bank Check# Chk Date Check Amount: Sep 754 SAN GAD, VALLEY TRIBUNE AP 13.6550 05/04/00 875.7.6 Claim# General Description 30517 LEGAL AD AD 930124 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount; Amt Discount Used Net Amount 30124 02/24/OO 875.1.E 0.00 875.16 GL Distribution Gross Amount Description 101 -48 -5x,80 -020 875.16 #30124 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep .3974 SINCLAIR'S VINYL LETTERS & GRAPHICS AP 116551 05/04/00 280.15 Clair# General Description 30502 BANNER- CENSUS 2900 PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6442 C 0 04/10/00 280.15 0.u0 280.15 GL Distribution Gross Amount Description 100 -51- 5210 -081 280.15 1 EA WHITE BANNER 301'x20" 1002 WITH GROMETS; BANNER WITH CITY LOGO 2411; CCS.AP Accounts Payable Release 5.8.3 N *APR'700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 56 Check Wistory. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 115567 PO Liquidation 146 - SI -5210. -081 Amount 280.15 CENSUS 2000 LOGO 24 °; BANNER - "PARTICIPATE. IN CENSUS 2000 GENERATIONS ARE COUNTING ON YOU" Vend,# Vendor Name Bank Check# Chk Date Check Amount Sep 1099 SMART & FINAL AP 116552 05/04/00 11.03 Claim# General Description 30504 14 SC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5983 0 0 04/21/00 7.1.03 0.00 11.03 GL Distribution Gross Amount Description 150 -o0 -2172 11,03 1 EA -- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SUPPLIES FOR SPECIAL EVENTS AND SNACK BAR PO Liquidation Amount 7.50 -00 -2172 11.03 Vend# Vendor. Name Bank Check# Chk Date Check Amount Sep 998 SOUTiiERN CAIIPCRNIA EDISON AP 116553 05/04/00 3,000.00 C7.aim# General Description 30506 ENGINEERInG DEPOSIT RELOCATE TRANSMISSION POLE (SITYRE PARK) PO# Stat Contract# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 6456 C 0 04/18/00 3,000.00 0100 3,000.00 GL Distribution Gross Amount Description 134 -53 -5000 -868 3,000.00 1 EA EN3INEE2ING DEPOSIT TO RELOCATE TRANSMISSION POLE TO CONSTRUCT 185' RADIUS BASEBALL FIELD AT S14YRE PARK, CIP 868 Pu t --iquidation Amount', 134 -53- 5000 -868 3,000.00 Vend;# Vendor Name Bank Check# Chk Date Check Amount Sep 4543 SONY SOCAL RRC AP 116554 05/04/00 120.00 Claim# General. Description 30505 REPAIR DIGITAL CAMERA PC# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount W0410666 04/08/00 120.00 0100 120.00 GL Distribution Gross Amount Description 100 -25 -5210 120.00 REPAIR CAMERA Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 166 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT. AP 116555 05/04/00 10,849.74 Claim# General Description 30307 STATE TAX DEPOSIT PP#09 P /E: 04/29/00 PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/04/60 10,843.74 0.00 10,849.74 GL Distribution Gross Amount Description 100- 00-2221 10,849.74 PP #09 P /E: 4/29/00 CC' Accounts Payable Release 5.8.3 N *APR'700 By SANDRA A (SANDRA) 5 City of Baldwin: Park May 06, 2000 05:36pm Page 57 Check History. Bank AP Check Dates 00 /00 /DO to 99/99/99 Check #'s 7.16364 to 116567 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 989 STATE OF CALIFORNIA FRANCHISE TAX BOARD AP 116556 05/04/00 88.37 Claim# General .Description 30513 CASE #393501827 GARY C. SPRY P2409 PAY DATE: 5/4/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt viscount Used Net Amount 0 05/04/00 88.37 0.00 88.37 GS, Distribution Gross Amount Description 202914 02/25/00 100 -00 -2231 68.37 SPRY #09 0.00 - 309.32 GL Distribution Vend# Vendor Name 4 EA BOYS OCEAN SEA NAVY UNIFORM, SIZE 30: 1, Bank Check# Chk Date Check Amount Sep 1874 SUN BADGE COMPANY EA PAYMENT OF AP 116557 05/04/00 861.41 Claim# General Description 3051.9 POLICE BADGES PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used . Net Amount 6421 - C 202743 02/25/00 552.09 Gross Amount 0.00 552.09 202914 02/25/00 309.32 4 EA GIRLS OCEAN SEA NAVY UNIFORM, SIZE 24: 1, 0.00 - 309.32 GL Distribution Grass Amount Description 4 EA BOYS OCEAN SEA NAVY UNIFORM, SIZE 30: 1, SIZE 32; 2, SIZE 24; 1 100 -23- 5210 552.09 1 EA PAYMENT OF INVOICE 4202743 LIFiTBjgANTS AND CAPTAINS BADGE 100 -23 -5210 309.32 1 EA PAYMENT OF INVOICE 4202742 LIEUTENANTS AND CAPTAINS FLAT BAnGES PO liquidation Amount 100 -23 -5210 861.41 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 248 SUSAN SAXE- CLIFFORD,PH.D AP 116558 05/04/00 650.00 Claim# General. Description 30518 PRE- -EMPLY PSYCHOLOGICAL EVALUATIONS CLINT DFVAULT FRANK SE;GURA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5527 0 0- 0419 -1 04/19/00 650.00 0.04 650.00 GL Distribution, Gross Amount Description 100 -25 -5000 650.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PSYCHOLOGICAL EVALUATIONS PC Liquidation Amount 100 -25 -5000 650.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 483;3 SWIM DEPOT AP 116559 05/04/00 296.42 Clain# General Description 30520 SWIM UNIFORMS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6451 C B1797 04/20/00 296.42 0.00 296.42 GL Distribution Gross Amount Description 150 -00 -2172 119.19 4 EA GIRLS OCEAN SEA NAVY UNIFORM, SIZE 24: 1, SIZE 28: 3 150 -00 -21.72 37.36 4 EA BOYS OCEAN SEA NAVY UNIFORM, SIZE 30: 1, SIZE 32; 2, SIZE 24; 1 150 -00 -2172 117.34 50 EA ST14 CAP 150 -00- 2172 22.53 8 EA LOGO "BPAC" PO Liquidation Amount. CCS.AP Accounts Payable Release 5.8.3 N *APP700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05 :36L= Page 58 Check 14istory. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 116567 150 -00 -23.72 315 .76 Mend# Vendor Name Bank Check# Chk Date Check Amount; Sep 799 TASERTRON AP 116560 05/04/00 48.56 Claim# General Description 30521 BATTERIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount- 8683 03/16/06 46.56 0.09 48.56 GL Distribution Gross Amount Description 0IAY7365 02/23/00 100 -25 -5210 46.56 BATTERIES FOR FISCAL YEAR 1999 -2000 * * ** 01A74561 Vend# Vendor Name RECOGNITIONS Bank Check# Chk Date Check Amount Sep 814 TROPHY WORLD 03/06/04 AP 116561 05/04/60 12.72 Claim# Genera]. Description 30522 EMPLOYEE RECOGN?TION PLAQUE PO# Stat Ccntract# Invoice# Invc Dt Cross Amount Discount Amt Discount .7sed Net Amount 5543 0 14714 04/21/00 12.72 0.00 12.72 GL Di.stributi.or Gross Amount Description_ 0IAY7365 02/23/00 1.00 -72 -5210 12.72 1 EA * * ** ANNUAL, PCJRCkiASB ORDER FOR FISCAL YEAR 1999 -2000 * * ** 01A74561 MISCELLANEOUS .AWARDS ANb SPECIAL RECOGNITIONS Bank Check# 7.00 -73 -521.0 0.00 1 EA ** DISTRIBUTION OF COST ** 03/06/04 AP 116563 PO Liquidation Amount - 02/07/00 100 -72 -5210 12.72 47.02 01BE3109 Vend# Vendor. Name - 652.86 Bank Check# Chk Date Check Amount Sep 695 U.S. 14FALTHWORKS MFDTCAL GRO13P CITY OF INDUSTRY MEDICAL CENTER jU.S. SEAL - AP 116562 05/04/00 35.00 Claim# General Description 30524 TE TESTING V ESQUIVEL -$10. S RAMAGF -$10. E ROSO -$15, PO# Stat Contract# Invoice# lnve Dt Gross Amount Discount ,Amt Discount Used Net Amount 25-15350 -0300 03/31/00 35.00 0.00 35.00 GL Distribution Gross Amount Description 0IAY7365 02/23/00 132 -16 -5000 35.00 TS TESTING 456.35 01A74561 vend# Vendor Name 24.57 Bank Check# Chk Date Check Amoun Sep 397 U.S. OFFICE PRODUCTS 03/06/04 AP 116563 05/04/00 5,523.69 C.1alm# General Description 30523 MISC OFFICE SUPPI)IES CENTRAL STORES BO# Stat Contract# Invoice# Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 6256 C DIAYE336 02/22/00 7,761.58 D.DD 7,781.58 0IAY7365 02/23/00 456.35 0.00 456.35 01A74561 03/01/00 24.57 0.00 24.57 01A29631 03/06/04 - 3.4.25 0.00 -14.25 DIAX0288 02/07/00 47.02 0.00 47.02 01BE3109 04/12/00 - 652.86 0.00 -652.86 0113E3110 04/12/00 - 212.71 - 0,00 - 27.2.71 0113F0692 04/19/00 - 1,874,18 D.00 - 1,874.18 0113E7761 04/17/00 - -31.83 0.60 -31.83 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SAN ➢RA A (SANDRA) City of Baldwin Park May 08, 2D00 05!36pm Page 59 Check History. Bank AP Check Dates OO /00 /00 to 99/99/99 Check #'s 116364 to 116567 GL Distribution Gross Amount Description 131 -14- 5440 -060 5,523.69 ? EA MISCELLANEOUS OFFICE SUPPLIES NEEDED TO RESTOCK CENTRAL STORES (INVOICE 401AY6336, #OIAY7365, & 401AZ4561) THIS PO HAS BEEN EDITED TO REFTJECT A PRICE REDUCTION AFTER THE RETURN OF SEVERAL ITEMS PO Liauieiation Amount 131 -14- 5440 -060 5,450.65 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4706 UNIFORM EXPRESS LTD AP 116564 05/04/00 4,442.50 Claim# General Description 30525 ZERO G LEVEL III A PO# Stat Contract# Invoice# 6375 C 7555 '7553 7554 7552 GL Distribution 100- 23...5210 100 -24 -5210 PO Liouidation 100 -23 -51210 100 -24 -5210 Claim# General Description 30526 POLICE "INIFORMS Invc Dt Grass Amount Discount Amt Discount Used 03/17/00 603.04 0100 03/17/00 603.04 6100 03/17/00 - 603.04 0.00 03/17/00 603.04 0.00 Gross Amount Description 1,809.3,2 3 EA SAF.AR -090 -00006 ZERO 6 LEVEL IT_IA VEST (CPT HEDSELL) 603.04 1 RA SAPAR- 0907- 00006 ZERO 6 LEVEL TIIA VEST (DET Amount 1'609-12 603.04 Net Amount 603.04 603.04 603.04 603.04 STEDMAN, CPT. KLING, LT. DE LA TORRE) PO# Stat Contract# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 6388 C 7594 03/27/00 677.86 2.00 677:83 '7595 03/27/00 676.24 0.00 676.24 7593 *3/24/00 676,24 0.00 676.24 - GL Distribution Gross Amount Description 100 -25 -5210 780.94 1 EA COMPLETE POLICE uwN eORM (M. STEDMAN) 100 -25 -5210 1,249,40 2 EA COMPLET POLICE UNIFORM (M, KLING, L. P- ADSELL) PO Licnaa dat on Amount 100-25 -5210 _ 2,030.34 ------------------------------------ Vend# Vendor Name .----------------- ------------------------------------------------------------------------------- Sank Check# Chk ):sate Check Amount Sep 4861 VERCHES FLORES AP 116565 05/04/00 2,231.25 Claim# General Description . 30508 APRIL SERVICES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 6411 0 0 05/01/00 2,231.25 0100 2,231.25 GL Distribution Gross Amount Description 120 -51-5000 -081 2,231.25 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CENSUS OUTREACH (APPROXIMATELY 80 HOURS) PO Liquidation Amount 120 -51- 5000 -081 2,231.25 CCS.AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) City of Baldwin Park May 08, 2000 05:36pm Page 60 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 116364 to 11.6567 - -- -------------------,--___-.._......._-....-__..___-------------------------------------- -- -_____ -_ __--------- - - - - -- - _.______._____.. vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2638 WEST END UNIFORMS AP 116566 05/04/00 1,182.57 lain# General Description 30527 UNIFORM SUPPLIES PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5521 4 52232 03/02/00 9.70 0.00 9.70 32.2.48 52302 03/13/00 18.32 0.00 18.32 0.00 52343 03/16/00 32,33 0.00 32.33 123.37 52381 03/23/00 1.51.93 0.00 151.93 GL Distribution 202.03 Gross Amount Description 202,03 100 -25 -5210 02/25/DO 212.28 1 EA x* ANNUAL PURCHASE ORDER FOR FISCA7., YEAR 1999 -2000 ** POLICE 52203 DEPARTMENT UNIFORMS AND SUPPLIES 91.05 0.00 PO liquidation GL Distribution Amount Gross Amount Description 100 - ?_5 -5210 100 -25 -5210 212.28 970.29 1 EA * * ** ANNUAL PURCHASE ORDER Claim# General Description 30529 UNIFORMS SUPPLIES 204 Stat Contract#; Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5521 0 52120 02/11/00 312.48 0.00 32.2.48 52151 02/06/00 1.51.93 0.00 151.93 52185 02/22/06 123.37 0,00 123,37 57187 02/22/00 202.03 0100 202,03 52201 02/25/DO 69.43 0.00 89.43 52203 02/25/05 91.05 0.00 91,05 GL Distribution Gross Amount Description 100 -25 -5210 970.29 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POLT:I F, DEPARTMENT UNIFORMS AND SUPPLIES PO Liquidation Amount 100 -25 -5220 970.29 ---------------------- "------------------ Verd# Vendor Name ___________ --------'-------------------------------------------------- Bank Check# --- ----------------- Chk Date Check Amount Sep 2500 WINNER INDUSTRIAL SUPPLY, hNC AP 116567 05/04/00 339.25 Claim# General Description 30528 24 -CAN SLIDE EASY PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 6362 C 31829 04/03/00 339.25 0.00 339.25 GL Distribution Grass Amount Description IDD -57 -5210 339.25 1 CS 24 -CAN SLIDB EASY PO Liquidation Amount 104 -57 -5210 349.29 :aid Checks; Check Count 20D Check Total 474,528.25 PO Liquidation 'Total 143,212.32 Backup Withholding Total 0.00 Void Checks: CCS.AP Accounts Payable Release 5.8.3 N *APR700 Blank pages purposely omitted: Non-- issued "VOID" checks; 49 116472 116477 116482 By SANDRA A (SANDRA] CITY OF BALDWIN PARK TREASURER'S REPORT March 2004 Vi I I Vi/Vlvtfll- I ib�6.F ■Vt 1 MAY 1 7 2000 INVESTMENT DESCRIPTION INTERESTPURCHASE MATURITY RATE DATE DATE PAR VALUE CURRENT (PREMIUM)! PRINCIPAL DISCOUNT BOOK VALUE ESTIMATED MARKET VALUE Ahern Assessment District 8.50 03/02/89 09/02/08 52,433.22 18,399.92 18,399.92 18,399.92 Improvement Bond 94,297.12 Housing Authority 98,771.18 Financing Authority 183,695.88 Total Cash 1,393,830.11 State of California Local 20,029,952,00 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There were no investment transactions made for the month of March, except for deposits/withdrawals made with the Local Agency Investment Fund. Market value for the Federal National Mortgage Association was obtained from Sanwa Bank. Market values for other investments approximate cost. The weighted average maturity of the investment portfolio is 3,95 months. Agency Investment Fund City 5.85 Varies Varies 7,464,770.01 6,924,770.01 6,924,770.01 7,464,770.01 Redevelopment Agency 5.85 Varies Varies 1,955,130.79 2,603,156.11 2,603,15611 1,955,130.79 Housing Authority 5.85 Varies Varies 2,891,156.11 2,030,130.79 2,030,130.79 2,891,156.11 Deferred Compensation Plan Mutual Funds (12131197) Varies Varies Varies 2,980,450.97 2,980,450.97 2,980,450.97 2,980,450.97 Fiscal Agent Mutual Funds Varies Varies Varies 4,079,214.09 4,079,214.09 4,079,214.09 4,079,214.09 $423,155.19_ 18,636121.89 0.00 $ 19 389 121.89 Total Investments 18,636,121.89 Cash City General Checking 561,243.14 City Miscellaneous Cash 455,822.79 Redevelopment Agency 94,297.12 Housing Authority 98,771.18 Financing Authority 183,695.88 Total Cash 1,393,830.11 Total Cash and Investments $ 20,029,952,00 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There were no investment transactions made for the month of March, except for deposits/withdrawals made with the Local Agency Investment Fund. Market value for the Federal National Mortgage Association was obtained from Sanwa Bank. Market values for other investments approximate cost. The weighted average maturity of the investment portfolio is 3,95 months. 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 investment are in compliance to the City's Statement of Investment Policy. Prepared by: Reviewed by: 4 HENME E_ PODACA Jose Sanche - Senior Accountant Interim Finance Director CITY OF BALDWIN PARK TREASURER'S REPORT April 2000 ESTIMATED INVESTMENT INTERESTPURCHASE MATURITY PAR CURRENT (PREMIUM)/ BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL DISCOUNT VALUE VALUE Ahern Assessment District 8.50 03/02/89 09/02/08 improvement Bond $ 21,fi47,142A2 Total Investments 18,636,121.89 State of California LOCaI City General Checking 44,217.57 Agency Investment Fund 374,281.25 Redevelopment Agency 19,439.42 City 6.14 Varies Varies Redevelopment Agency 6.14 Varies Varies Housing Authority 6.14 Varies Varies Deferred Compensation Plan 52,433.22 18,399.92 - 18,399.92 18,399.92 8,693,653.50 6,924,770.01 6,924,770.01 8,693,653.50 2,203,604.08 2,603,156.11 2,603,156.11 2,203,604.08 3,671,819.46 2,030,130.79 - 2,030,130.79 3,671,819.46 Mutual Funds (12131197) Varies Varies Varies 2,980,450.97 2,980,450.97 2,980,450.97 2,980,450.97 Fiscal Agent Mutual Funds Varies Varies Varies 4,079,214.09 4,079,214.09 4,079,214.09 4,079,214.09 $ 21,681,175.32 18636,121.89 0.00 $ 21,fi47,142A2 Total Investments 18,636,121.89 Cash City General Checking 44,217.57 City Miscellaneous Cash 374,281.25 Redevelopment Agency 19,439.42 Housing Authority 92,799.24 Financing Authority 183,758.69 Total Cash 714,496.17 Total Cash and Investments $ _19350,'q1806 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There were no investment transactions made for the month of April, except for depositslwithdrawals made with the Local Agency Investment Fund. Market value for the Federal Nationat Mortgage Association was obtained from Sanwa Bank. Market values for other investments approximate cost. The weighted average maturity of the investment portfolio is 4.29 months. 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 investment are in compliance to the City's Statement of Investment Policy. Prepared by: Reviewed by: l a HE NNE .,, . APODACA Jose Sanchez Senior Accountant interim Finance Director INK If CITY OF BALDWIN PARK BAS DWI N P , A • R , K TO: Mayor and City Council CITY COUNCIL AGENDA MAY 1 r z000 ITEM NO. �! -!G STAFF REPORT FROM: Shafique Naiyer, Interim Director of Public Works DATE: May 17, 2 000 SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF IMPROVEMENTS OF SITYRE PARK, CIP 868 PURPOSE This report requests that the City Council continue this matter until June 7, 2000. BACKGROUND AND DISCUSSION At the May 3d meeting, the City Council tabled this item for the May 17, 2000 meeting. The City Staff is working with the County and the Architect to. reduce the scope of work to bring the cost under budget. Staff will resubmit this report on June 7, 2000 for Council's approval. REPORT PREPARED BY Shafique Naiyer, Interim Director of Public Works SN:an CITY OF BALDWIN PARK BALDWIN P ,A, R• K TO: Honorable Mayor and City Councilmembers FROM: Dayle Keller, Chief Executive Officer DATE: May 17, 2000 CITY COUNCIL AGENDA MAY 1 7 2000 STAFF REP SUBJECT: Proposed Amendment #2 to Engineering Consultant Agreement - HC Associates - Design Services for the 1999 -2000 CDBG Street Renovation, CIP 862 PURPOSE This report requests that the City Council approve Amendment #2 to the Engineering Consulting Agreement currently being used in the Public Works Department. BACKGROUND On February 3, 1999, Council approved an Engineering Consulting Agreement with HC Associates (HCA) for engineering and project management consulting services on behalf of the City. On January 5, 2000, Council approved Amendment No. 1 to the Agreement, which added the services of HCA as an independent consultant to provide an Interim Director of Public Works /City Engineer with the objective of providing supervision and management of the Public Works Department. DISCUSSION Attached is a staff report from the Interim Director of Public Works requesting an award of contract for the design and inspection services for 1999 -2000 CDBG street renovation, CIP 562, to HC Associates. The report outlines the process undertaken to obtain the necessary design and inspection services, including the use of requests for proposals. An opinion from the City Attorney's office was sought in relation to the proposed award of contract to assure that any possible conflict of interest issues were resolved. In response, the City Attorney's office has recommended the attached amendment to the HC Associates de Engineering Consulting Agreement. FISCAL IMPACT Community Development Block Grant (CDBG) funds in the amount of $30,000 for the design and $10,000 for the inspection were budgeted in FY 1999 - 2000. The consultant design fee is $15,000 and the inspection fee is $6,000, which is below the budgeted amount. There is no impact on the General Fund. RECOMMENDATION It is recommended that the City Council approve the attached Amendment No. 2, entitled Design Services for the 1999 -2000 CDBG Street Renovation, CIP 862, and authorize the Chief Executive Officer to execute the Amendment. Attachments: 1. Amendment #2 2. Staff Report from Shafique Naiyer, Interim Director of Public Works 3. Engineering Consulting Agreement 4. Amendment #1 -2- AMENDMENT #2 DESIGN SERVICES FOR THE 1999 -2000 CDBG STREET RENOVATION CIP 862 This Amendment #2 is made and entered into by and between the City of Baldwin Park''`" ( "City") and HC Associates ("HCA ") for design services as specified hereinafter on behalf of the City and as a supplement to the services agreed upon by the parties hereto in the Engineering Consulting Agreement dated February 16, 1999 ( "Agreement "). RECITALS The City desires to utilize the services of HCA to prepare construction drawings, specifications, and cost estimates for the 1999 -2000 CDBG Street Improvement Project ( "Project "), as set forth in the Request for Proposal ( "RFP) issued by the City's Engineering Division. The City received three (3) proposals in response to the RFP, which were evaluated by the City based on qualifications, experience, estimated time schedule for the work to be performed, understanding of the scope of work, and proposed fees. Based on the above, HCA was determined to be the best qualified to perform said services by virtue of its experience, and the training, education, and expertise of its principals, associates, and employees. Now, therefore, in consideration of the covenants and conditions herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SCOPE OF AMENDED SERVICES In addition to the services specified in the original Agreement and Amendment # 1, HCA shall perform all services reasonably necessary and required in order to complete the Project as set forth in its proposal, which is attached hereto as Exhibit "A," and incorporated by reference herein. TIME FOR PERFORMANCE HCA shall perform the services described above within /Q working days. Time is of the essence in the performance of these services. All services to be performed by HCA shall be timely performed in accordance with a detailed project schedule which shall be submitted by HCA and approved by the City prior to commencement of any work by HCA. COMPENSATION HCA shall be compensated for the services rendered hereunder in accordance with the schedule attached hereto as Exhibit `B," and incorporated by reference herein. HCA's compensation for the Amended Services set forth in this Amendment shall not exceed $ 21; 00y EXTRA SERVICES No extra services shall be rendered by HCA under this Amendment unless such extra services first shall have been authorized in writing by the City. Any such service so authorized shall be paid by the City at a rate mutually agreed upon by the parties. TERM The term of this Amendment shall commence on . M�1'LY ?I - , 2000, and shall continue until all services to be performed by HCA under this Amendment 92 are completed. This Amendment #2 may be terminated in accordance with the terms of the Agreement. MISCELLANEOUS PROVISIONS Notices Submittals request, notices, invoices and reports under this Amendment #2 shall be delivered as follows: To HCA: H. C. Associates 4555 West Avenue 40 Los Angeles, California 90065 Attention: Mr. Hector A. Castillo, President To City: Dayle Keller, Interim CEO Executive Team City of Baldwin Park 14403 East Pacific Avenue Baldwin park, California 91706 9 Entire Agreement This Amendment ## 2 is hereby incorporated into the Agreement dated February 15, 1999. Provisions of the Agreement To the extent the terms of this Amendment #2 conflict with the terms of the Agreement, the terms of the Agreement shall supersede and be in effect. In all other respects, the provisions of HCA's Agreement shall remain the same. CITY OF BALDWIN PARK By: Dayle Keller, Interim CEO APPROVED AS TO FORM: By: Arnold M. Alvarez- Glasman City Attorney EXECUTION 3 H. C. & ASSOCIATES By: e for A. Castillo, President a I U CITY OF BALDWIN PARK STAFF REPORT RAT T-)W1 N TO: Dayle Keller, CEO_�� FROM: Shafique Naiyer, Interim Director of Public Works DATE: May 17, 2000 SUBJECT: AWARD OF CONTRACT FOR THE DESIGN AND INSPECTION SERVICES FOR 1999 -2000 CDBG STREET RENOVATION, CIP 862 PURPOSE This report requests that the City Council award a contract for the design and inspection services for 1999 -2000 CDBG Street Renovation, CIP 862 to H.C. Associates. - -� w • At their meeting of May 5, 1999, the City Council approved the statement of Community Development objectives and the use of $350,000 in CDBG funds for the FY1999 -2000 Street Renovation Project, CIP 862. This project is part of the Ten--Year Street Improvement Program and all of the residential streets in the project are those recommended by City staff. The project involves cold milling, 1" of existing pavement and overlaying 2" of asphalt rubber hot mix (ARHM). It also includes construction of curb, gutter, sidewalk, handicap ramps and striping. On March 1, 2000 the Engineering Division mailed Request for Proposals to six consulting firms for the engineering services related to asphalt and concrete improvements for the sixteen residential streets listed in Attachment "A ". The following three (3) proposals were received and opened on March 20, 2000, CONSULTANT FEE SCHEDULE Design Inspection Services TOTAL H.C. Associates 15,000 6,000 21,000 S.A. Associates 22,000 53,00/hr 8,480 30,480 CNC Engineering 48,750 11,200 59,950 * Estimated hours 160 x $53 /hr = $8,480 DISCUSSION Staff performed a careful and thorough review and evaluation of each of the three (3) proposals in order to determine the most qualified and experienced firm in this type of design work. Staff looked at the qualifications and similar design experience of the key personnel that would be assigned to the project. Staff also evaluated the proposed time schedule of each firm, their understanding of the scope of work, and the completeness of their proposal. It should be noted that all the consultants were requested to submit their fee schedule in a separate sealed envelope. Based on the similar work experience of the staff assigned to this project and their ability to perform in a timely manner staff finally selected H.G. Associates. In the past H.C. Associates has worked on similar projects in the City of Baldwin Park, which resulted in substantial savings to the City in design, construction and inspection cost compared to the budgeted amount. FISCAL IMPACT Community Development Block Grant (CDBG) funds in the amount of $30,000 for the design and $10,000 for the inspection were budgeted in FY1999 -2000. The consultant design fee is $15,000 and the inspection fee is $6,000, which is below the budgeted amount. There is no impact on the General Fund. RECOMMENDATION It is recommended that the City Council: 1. Aware{ the design and inspection services contract for CDBG Street Renovation Project, CIP 862 in the amount of $21,000 to H.C. Associate, and 2. Authorize the Mayor to execute the attached agreement. REPORT PREPARED BY Arjan Idnani Engineering Manager S NIAI /vv C: ist of frpft 1 p862 -4/1 /00 ATTACHMENT "A" CITY OF BALDWIN PARK FY1999 -2000 CDBG STREET LIST STREET NAME LIMITS RECOMMENDATION LENGTH Cleo Street San Gabriel River Parkway - Cold milling 1" & overlay 2" 235 Cosbey Avenue ARHM, construct new c/g Cosbey Avenue Waco Street - Francisquito Avenue Cold milling 1" & overlay 2" 1,848 ARHM, construct new o1g Dexter Street Big Dalton Avenue - Cold milling 1" & overlay 2" 405 Puente Avenue ARHM Doublegrove Paddy Lane - End Cold milling 1" & overlay 2" 176 Street ARHM Jeremie Avenue Big Dalton Avenue - East End Cold milling 1" & overlay 2" 813 ARHM Joanbridge Baldwin Park Boulevard - Larry Avenue Cold milling 1" & overlay 2" 635 Street ARHM Joanbridge Larry Avenue - Maine Avenue Cold milling 1" & overlay 2" 625 Street ARHM, construct new c/g Paddy Lane Francisqu €to Avenue - Corak Street Cold milling 1" & overlay 2" 770 ARHM Paddy Lane MacDevitt Street - South End Cold milling 1" & overlay 2" 563 ARHM Landis Avenue Joanbridge Street - School Street Cold milling 1" & overlay 2" 1,683 ARHM, construct new c/g Barnes Avenue Salisbury Street - Ramona Boulevard Cold milling 1" & overlay 2" 900 ARHM Salisbury Street Barnes Avenue - Deadend Cold milling 1" & overlay 2" 782 ARHM Barnes Avenue Bess Avenue - Waltham Street Cold milling 1" & overlay 2" 628 ARHM Duthie Street Barnes Avenue - Cul -De -Sac Cold milling 1" & overlay 2" 410 ARHM Bess Avenue Patritti Avenue - Syracuse Avenue Cold milling 1" & overlay 2" 305 ARHM Chelsfield Street Barnes Avenue - Cul -De -Sac Cold milling 1" & overlay 2" 590 ARHM ENGINEERING CONSULTING AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Baldwin Park (City) and H.C. Associates (HCA), for engineering and project management consulting services on behalf of the City. RECITALS City desires to utilize the services of HCA as an independent contractor to provide engineering and project management services to review, evaluate and recommend alternatives including cost estimates for specified project (the Work). HCA desires to provide engineering and project management services in connection with said Work and represents that it is fully qualified to perform such engineering and project management services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SCOPE OF HCA SERVICES HCA will perform services as described below in accordance with the Request for Proposals for City Engineering Services: It is anticipated that the total hours of work will not exceed 15 hours per week and the individual assigned, as City Engineer will be expected to perform the following tasks: 1. Review all plans, specifications and construction documents that are prepared by City staff or outside consultants for Capital Improvement Projects and approve them in accordance with State law and engineering practice. 2. Act as the City's Resident Engineer to review, sign and approve all documents related to State and Federally funded projects. 3. Approve all subdivision maps and any documents as required by the State's subdivision Map act and City ordinances. 4. Coordinate the review and checking of all improvement plans for facilities under the jurisdiction of the City that are prepared by private developers or other agencies to insure conformance with City design standards and regulations. 5. Review all matters pertaining to engineering to insure that undertakings proposed and implemented by the City or others are done in manner that protects the City's interests and are in keeping with the City's goals and good engineering practices. 6. Provide such necessary and related functions as are the normal practice of the City Engineer in the control of private developments. 7. Review traffic related reports and resolve traffic related issues. 8. Provide assistance to engineering staff and the Public Works Department for daily activities as needed. FEE AND SCHEDULE OF PAYMENTS HCA fee for the basic services described above will be as follows: „a Name ,lob Descri Lion Hourly Rate Shafique Naiyer Civil Engineer, P.E. $80.00 HCA will be paid for customary reimbursable expenses, subject to submission of receipts and /or records of said expenses. Special or additional fees and expenses within the overall scope of this Agreement will be subject to advance written authorization by the City. HCA will submit to the City's authorized representative prior to the tenth day of the month an invoice for any payments due under this Agreement including its fees and reimbursable expense statements. The City will process said invoices promptly within thirty (30) days of receipt of an invoice. MISCELLANEOUS PROVISIONS Termination Either party may terminate this Agreement with or without cause at any time by giving written notice to the other of such termination and specifying the effective date thereof at least ten (10) working days prior to the effective date of termination. in that event, all finished and unfinished documents and other material prepared pursuant to this Agreement will become the property of the City. HCA will immediately stop work in accordance with the written notice from the City. if this Agreement is terminated by the City as provided herein, HCA shall be paid for those charges which have accrued 2 through the date of termination, and HCA shall accept such amount, plus all amounts previously paid, as full payment and satisfaction of all obligations of the City. Said provisions will be inserted in all subcontracts to HCA. Indemnification HCA and City agree that City, its employees, officials and agents should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City, except for liability attributable to the City's active negligence... HCA acknowledges that City would not enter into this Agreement in the absence of this commitment from HCA to indemnify and protect City as set forth here. To the full extent permitted by law, HCA shall indemnify, defend and hold harmless the city, its employees, officials, and agents from and any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,. regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney fees incurred by city, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, alleged or implied, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by HCA as they are incurred by the City. Without affecting the rights of City under any provision of this Agreement or this section, HCA shall not be required to indemnify and hold harmless city as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where HCA is solely or partially at fault or in instances where the City's fault accounts for only a percentage of the liability involved. in those instances, the obligation of HCA will be all inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. HCA acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. HCA has no obligation under this Agreement for liability proven I a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. 193 The obligations of HCA under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. HCA expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. HCA agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor, subconsultant or any other person or entity involved, by, for, with or on behalf of HCA in the performance or subject matter of this Agreement_ In the event HCA fails to obtain such indemnity obligations from others as required here, HCA agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of HCA and shall survive the termination of this Agreement or this section. Insurance HCA shall at all times during the term of this Agreement provide and maintain in full force and effect, with an insurance company admitted to do business in California and approved by the City: (1) a policy or policies of commercial general liability insurance with a combined single limit of One Million Dollars ($1,000,000) per occurrence coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by HCA, its officers, employees, agents, subcontractors or subconsultants in performance of services under this 'Agreement, (2) workers' compensation insurance providing workers' compensation statutory benefits als required by law and employer's liability insurance with limits of not less than Five Hundred Thousand dollars ($500,000) per accident; (3) professional liability insurance appropriate to the services to be provided by HCA pursuant to this Agreement with minimum limits of one million dollars ($1,000,000) per claim. City, its officials and employees shall be designated as an additional insured on the policies as to commercial general liability insurance and workers' compensation insurance. HCA shall submit certificates of insurance for all policies required to be maintained pursuant to this section within thirty (30) days of the execution of this Agreement. Said certificates shall reflect that such coverage requires thirty (30) days notice to City by certified mail of any cancellation or reduction in available limits or changes in the terms of coverage. In the event any policy of insurance required under this Agreement is not delivered as required, or is cancelled or not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by HCA. n Resolution of Claims and Disputes HCA shall give to City a written notice of any potential claim or dispute within five (5) days of any act or event for which it intends to `seek adjustment under this Agreement. The written notice shall set forth the basis of the claim or dispute and shall be filed within fifteen (15) days of the act or event and shall be in sufficient detail to allow city to evaluate the claim or dispute. HCA shall also furnish any additional information relating to the claim or dispute that City may request. Failure of HCA to comply with these requirements shall be sufficient cause for denying RCA's claim or dispute. Within fifteen (15) days of receipt of the claim or dispute City shall render a decision or provide an estimate of when a decision will be made. If no decision is made within fifteen (15) days of the filing of the claim or dispute, or within any extended period mutually agreed to in writing by the parties, the claim or dispute shall be deemed rejected by City. HCA shall proceed diligently with the performance of the contract pending resolution of any claim, dispute, appeal or action ensuing under this Agreement. Any unresolved claim or dispute remaining after decision or rejection by City shall be resolved pursuant to the Mediation provisions of this Section. If a claim or dispute has not been resolved within fifteen (15) days of the City's decision or rejection the parties will in good faith attempt to resolve the claim or dispute in accordance with the Center for Public Resources Mode Procedure for Mediation of Public Disputes. Unless otherwise agreed, the Mediation shall be completed no later than thirty (3)) days after city has rendered its decision. If the parties cannot resolve the claim or dispute in the Mediation, the parties shall resolve the claim or dispute pursuant to the Arbitration provisions of this Section. Any unresolved claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. The intent of the parties is to provide for the consolidation of arbitration proceedings or other dispute resolution proceedings to the maximum extent permitted by law and to avoid a multiplicity of separate proceedings in arbitration, court, or both. HCA shall incorporate in agreements with its subcontractors or subconsultants provisions which are identical or substantially in conformance with the above. 5 Standard of Performance HCA shall perform all work in accordance with applicable professional standards, and in a manner reasonably satisfactory to the Executive Team. Confidentiality HCA in the course of its duties under this Agreement may have access to confidential data of City, private individuals, or employees of the City. HCA covenants that all data, documents, discussion or other information developed or received by HCA or provided for the performance of this Agreement are deemed confidential and shall not be disclosed by HCA without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon termination of this Agreement. HCA`s covenant under this section shall survive the termination of the Agreement. Relationship of the Parties It is understood that HCA shall be at all times hereunder an independent contractor and nothing herein shall be deemed to make HCA an agent or employee of the City for any purposes. Compliance with Laws During the performance of this Agreement, HCA shall be responsible for all work performed under this Agreement and shall comply with all applicable local, state and federal laws, ordinances, codes, regulations, judicial decre6s, or administrative orders and regulations. Applicable Law This Agreement and all matters pertaining thereto shall be governed by and constructed according to the laws of the State of California. Severability In the event that any term or provision of this Agreement is held to be illegal, invalid, or unenforceable under any applicable constitution, statute, regulation or ordinance, such term or provision shall be deemed severed from this Agreement and the remaining terms and provisions shall remain unaffected thereby and continue in full force. 9 Rights and Obligations The rights and obligations of the parties under this Agreement shall be binding upon the parties hereto and their respective successors and assigns. Amendments The parties may modify the Scope of Work to be performed, the compensation to be paid, or any other provision of this Agreement, only by executing an amendment in writing. Attorney Fees In the event that either pa equitable action or proceeding to the prevailing party in such action suit, including reasonable attorney and consultants. Authorized Representatives rty to this Agreement shall commence any legal or E nforce or interpret the provisions of this Agreement, or proceeding shall be entitled to recover its costs of fees and costs, including costs of expert witnesses The authorized representative of each party is authorized to act in the name and on behalf of that party. The City's authorized representative shall be the Chair of the Executive Team. HCA's authorized representative shall be Mr. Hector A. Castillo. Each party shall give written notice to the other in order to change an authorized representative, provided, however, that HCA shall not replace its authorized representative without the City's consent. Notices Submittals, requests, notices, invoices and reports under this Agreement shall be delivered as follows: To HCA: H.C. Associates 4555 West Avenue 40 Los Angeles, California 90065 Attention: Mr. Hector A. Castillo President To City: Richard A. LeGarra, Chair Executive Team City of Baldwin Park 94403 East Pacific Avenue Baldwin Park, California 91706 7 0 A change in the designation of the person or address to which submittals, requests, notices and reports shall be delivered to shall be effective when the other party has received notice of the change by certified mail. .. Entire Agreement This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between FICA and City. This Agreement supercedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, or any provisions or breach hereof waived, except in writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of City will only be valid if signed by the Chair of the Executive Team and attested by the City Clerk. EXECUTION IN WITNESS WHEREOF, the parties by executing this Agreement signify that they have read, understand and agree to the terms and conditions hereto effective on the date first entered below, and that the term of the work commissioned under this Agreement shall be on a month by month basis, unless sooner terminated as provided herein. CITY OF BALDWIN .,. By Richard A. LeGarra Chair, Executive Team APPROVED AS TO FORM: By David Olivas City Attorney E:3 H.C. ASSOCIATES Y Hector A. Castillo President Date: AMENDMENT #1 ENGINEERING AND MANAGEMENT SERVICES AS INTERIM DIRECTOR OF PUBLIC WORKS /CITY ENGINEER THIS AMENDMENT is made and entered into by and between the City of Baldwin Park (City) and HC Associates (HCA) for consulting services as specified hereinafter on behalf of the City and as a supplement to the services agreed upon by the parties hereto in the Engineering Consulting Agreement (Agreement) dated February 16, 1999. RECITALS The City desires to utilize the services of HCA as an independent consultant to provide an Interim Director of Public Works /City Engineer with the objective of providing supervision and management of Public Works Department at the City of Baldwin Park; HCA is fully qualified to perform said services by virtue of its experience, and the training, education and expertise of its principals, associates and employees; NOW, THEREFORE, in consideration of performances by the parties of the covenants. and conditions herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SCOPE OF HCA AMENDED SERVICES In addition to the services specified in the original Agreement, HCA will perform services as described below: As Public Works Director, to plan, organize, direct and review the activities and operations of the Public Works Department including engineering, street maintenance, landscape maintenance, and facilities and equipment; to coordinate assigned activities with other departments and outside agencies. 2. Reports to Chief Executive Officer and carry out his/her instructions and assignments to his/her satisfaction. 3. Oversee design and maintenance of all City's infrastructures. 4. Oversee purchase and maintenance of all City vehicles and equipment. 5. Prepare budget for the Public Works Department. 6. Prepare agenda reports and attend Council Meetings. 7. Supervise all Public Works Personnel. COMPENSATION SCHEDULE HCA's compensation for the services shall include fees and reimbursments as further described below: The fees shall be based on the following hourly rate: Name Primary Role Hourly Rate Shafique Naiyer, P.E. Interim Director of Public Works/ $ 85.00 City Engineer The Interim Director of Public Works shall work from thirty -two (32) to forty (40) hours per week, including Council meetings and study sessions. Scheduling of such hours shall be at the sole discretion of the Chief Executive Officer. Such hours shall include and not be in addition to, the fifteen (15) hour maximum set forth in the Agreement. In addition, HCA shall be compensated for customary reimbursable expenses, subject to submission of invoices with attached receipts and /or records of expenses. Invoices for normal monthly expenses shall be submitted prior to the tenth (10) day of the month and shall include both fees and reimbursable expenses as well as attached receipts and records. The City shall process said invoices promptly within (30) days of receipt. J EXTRA SERVICES No extra services shall be rendered by CONSULTANT under this Amendment unless such extra services first shall have been authorized in writing by the CITY. Any such services so authorized shall be paid by the CITY at the hourly rate set forth in the Compensation Schedule above. TERM The term of this amendment shall commence on January 5, 2000, and shall continue to and including July 5, 2000, or until a Director of Public Works is appointed, which ever occurs first. MISCELLANEOUS PROVISIONS Notices Submittals request, notices, invoices and reports under this Amendment shall be delivered as follows: 2 To HCA: H.0 Associates 4555 West Avenue 40 Los Angers, California 90065 Attention: Mr. Hector A. Castillo President To City: Dayle Keller, Interim CEO Executive Team City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Entire Agreement This Amendment #1 is hereby incorporated into the Agreement agreed on February 16, 1999. Provisions of the Agreement To the extent the terms of the Amendment conflict with the terms of the Agreement, the terms of the Amendment shall supersede and be in effect. In all other respects the provisions of HCA's Agreement shall remain the same. EXECUTION CITY OF BALDWIN PARK By Dayle K ��erinn CEO APPROVED AS TO FORM: By _ o d Alvarez- Iasman, City A orney HC & ASSOCIATES Y H ctor A. Castillo, President Date: 4Y\U. &r CITY COUNCIL AGENDA MAY 1 7 2000 IF, 1, CITY OF BALDWIN PARK STAF CRT Ila BALDWIN P•A - Ii• K TO: Mayor and City Council' FROM: Shafique Naiyer; Interim Director of Public Works DATE: May 17, 2000 SUBJECT: APPROVAL OF A LETTER OF INTENT TO PROCEED TO PREPARE A COMPREHENSIVE ENGINEERING ANALYSIS FOR IMPLEMENTING AN ENERGY EFFICIENCY PROGRAM (Tabled from the Meeting of April 19, 2000) < --- A r r • . This report requests that the City Council authorize staff to enter into an agreement with Viron Energy Services for the design of an Energy Efficiency Program. BACKGROUND At the City Council meeting of April 19, 2000, the City Council requested that this matter be tabled to May 17, 2000. In early 1992 the City entered into an Energy Retrofit Program with Honeywell, Inc. which was implemented in a timely fashion and with minimum disruption and was funded through utility savings and operational funds. We now have the opportunity to investigate other energy replacement opportunities that were not available or needed on the last phase. In particular: 1. Traffic signal retrofit 2. Electrical generator upgrades 3. Mechanical energy retrofits 4. Utility bill analysis DISCUSSION The Design/ Build Energy Retrofit Program is a program that allows City staff and Viron Energy services the opportunity to co- author an energy retrofit program designed to be self - funding through utility budgets, utility company incentives, and operational budgets. The program does not require any up front capital expenditure. However if Viron is able to develop a self- funding program that meets all the conditions of the Letter of Intent and the City decides not to implement the program, the City's only obligation would be to reimburse Viron Energy Services for time and material for the engineering analysis not to exceed $12,600. If Viron is unable to develop a self - funding program the engineering costs will be borne by Viron Energy Services. There is a possibility of a rebate of approximately $6,000 from the Southern California Gas Company. In that case the net cost to the City would be only $6,600. Viron Energy Services delivers this program on a design /build basis. All elements of engineering design, materials, equipment, project management and auditing will be included in the proposal. The method of purchase for the program is through a negotiated, sole source contract with Viron Energy Services, a process which is in compliance with the California Government Code. Chapter 3.2, Section 4217.12 of this code provides the authority to enter into energy services contracts. Bids are not a requirement of an energy conservation contract that is self-funding. This program will not affect Honeywell's Maintenance Contract. Most of Viron Energy Services staff have worked for and with Honeywell and the City staff expects Viron to work with Honeywell and the utility companies during the investigation and preparation of the Comprehensive Engineering Analysis. FISCAL IMPACT $12,600 for engineering services payable only if the City decides not to implement the program developed by Viron Energy Services. There are ample funds in account 100.57.5000 in the event that there are costs associated with this project. Potential savings in the annual Honeywell HVAC maintenance contract by lowering the overall costs for maintenance services by accounting for the replacement of HVAC equipment (Letter from Honeywell attached). RECOMMENDATION Staff recommends that the City Council: 1. Approve the Letter of Intent to authorize Viron Energy Services to proceed to prepare a Comprehensive Engineering Analysis (CEA) proposal for implementing an energy efficiency program; and 2.` Authorize the Chief Executive Officer (CEO) to execute the attached "Letter of Intent to Proceed" Exhibit A. REPORT PREPARED BY Jim Dart Public Works Supervisor SN /JD /vv Attachments CAslaffrpts`.4 -9°-00 energy efficiency program EXHIBIT "A" Mr. Ken Casey Viron Energy Services 150 E. Colorado Blvd. Suite 360 Pasadena, CA 91105 SUBJECT: LETTER OF INTENT Dear Mr. Casey: You are authorized to proceed to prepare a Comprehensive Engineering Analysis (CEA) including, but not limited to, emergency generator analysis, traffic signal retrofits, mechanical energy retrofits, and utility bill analysis, for the City of Baldwin Park. The cost of the program will be guaranteed by Viron Energy Services to be fully recoverable through both energy and operational budgets. The contract will be negotiated with Viron Energy Services in compliance with the provisions of California Government Code, Chapter 3.2, Section 4217, and Energy Conservation Contracts. Requirements: 1. The program should include, but not be limited to, emergency generator analysis, mechanical energy retrofits, traffic signal analysis, and utility bill analysis. 2. Utility company incentives, utility budget and operational budget reductions identified by this program on an annual basis will offset the annual cost of this program. , 3. The cost reductions accrued over and above the guaranteed annual cost reductions are the City of Baldwin Park's to reinvest at its discretion. Upon receipt of the Letter Of Intent, Viron shall begin a Comprehensive Engineering Analysis (CEA) and contract documents. The City of Baldwin Parks' approval shall be scheduled within thirty- (30) days following Viron's submission of analysis /proposal. Should Viron provide an analysis /proposal that meets the conditions outlined above and the City of Baldwin Park does not execute the Viron contract, the City of Baldwin Park will pay Viron Energy Services for time and materials for the engineering costs incurred to develop this analysis /proposal not to exceed $12,600. If Viron is unable to develop a self - funding program the engineering cost will be borne by Viron Energy Services. Sincerely, Ms. Dayle Keller CEO City of Baldwin Park 3LIN t 1 1, L'# r1iUM r D— O— U , 1 u , zo r FIVAL, E f4L,LL GI G Honeywell Home and Building Control MoneywelI inc. 6 Centerpointe I)r La Palnin CA 90623 May 8, 2000 Jim Dart CITY OF BALDWIN PARK 14403 E. Pacific Avenue Baldwin Park, California 91746 -4297 subject: Service Agreement for HVAC Systems Dear Jim, It was a pleasure to meet with you on April 19, 2040. It was great to hear that you were pleased with the level of service that the Honeywell is providing in energy savings and :maintenance services, ces, Over the past several years, Honeywell and the City of Baldwin .Park have farmed a partnership that has been successful in saving; energy dollars. Honeywell has performed energy audits for your facilities for energy cost - savings tracking as part of a Honeywell Performance Contract. The energy conservation measures implemented are proven successful and will contiriuc to produce savings for many years to carne. During this meeting we also discussed the strong possibility of a second phase energy saving program being implemented through-Viron Energy Services.. I have been working with Ken Casey of Viron on dcvelopiag a strategy to tearrr up on this-second phase to provide continuation of the Honeywell HVAC maintenan.ec servic:cs during the term of the second phase. This teaming will provide benefits to the City by lowering the overfill cost for rnainternance services. Honeywell will continue to offer the Same level of service we are currently providing at a lower Gast by accounting for the replacement of HVAC equiprment. 'We can do this because of the reduced repair and emergency service that will be needed on the new equipment. In addition we will be able to eliminate the current energy auditing services from our maintenance agreement which will be provid d by Viron as part of the second phase, and would further reduce our annual service agreement pricing. If you have any questions, please feel free to contact me at 714/362 -3163. Regards, HOME AND BUILDING CONTROL Mark Spangler, Service Account Specialist Agftlad .;1h &,y trek on R$C}iW Pgoer, 3&96 F0jf -C1&.1 CITY COUNCIL AGENDA MAY 1 7 2000 ?� CITY OF BALDWIN PARK STAFF REPORT B� �wIN ITEM NO. P A ° R, K TO: Mayor and City Council n � FROM: Shafique Naiyer, Interim Director of Public Works ` DATE: May 17, 2000 SUBJECT: AWARD A CONTRACT FOR THE RECONSTRUCTION OF FAIRGROVE STREET, MANGUM STREET AND LA . RICA AVENUE, CIP 867 PURPOSE This report requests that the City Council award the contract for the reconstruction of Fairgrove Street, Mangum Street and La Rica Avenue, ClP 867 to Gentry Brothers, Inc. BACKGROUND This project includes the reconstruction of three (3) streets which includes 3" asphalt paving over 4" agg base, construction of curb, gutter, sidewalk, handicap ramps, cross gutter and striping. DISCUSSION In accordance with the provisions of Government Code, the Notice Inviting Bids was published and bids were opened and declared publicly on April 27, 2000. Seven bids were received. A summary of these bids is attached for Council's review (see Attachment A). Gentry Brothers, Inc is the lowest responsible bidder and has performed satisfactorily on similar projects for the cities of La Verne, Covina, El Monte and Baldwin Park. This project is part of the Capital Improvement Program for FY1999 -2000. The engineer's estimate for this project is $250,000 and the bid price submitted by Gentry Brothers, Inc. is $246,343.50. FISCAL IMPACT This project is part of the 1999 -2000 Capital Improvement Project and STIP funds in the amount of $309,000 have been set aside for the construction. There is no impact on General fund. RECOMMENDATION It is recommended that the City Council: Award the construction contract in the amount of $246,343.50 to Gentry Brothers, Inc.; and 2. Authorize the Mayor to execute the attached Agreement; and 3. Authorize the Interim Director of Public Works to execute any change orders necessary during the course of construction in an amount not to exceed fifteen percent (15 %) of the original contract amount. REPORT PREPARED BY Arjan Idnani Engineering Manager SNIAIIvv C:4staftrpfl5 -17 -00 fairgrove, mangum, cip 867 ATTACHMENT "A" 1 -3'[ 3Whyi1t5 Project: Reconstruction of Fairgrove Street, Mangum Street and La Rica Avenue, CIP 867 Bids Opened: 11:00 AM, April 27, 2000 CONTRACTOR/BIDDER BID AMOUNT Gentry Brothers, Inc. $246,343.50 All American Asphalt $267,632.55 Sully Miller $272,784.00 Mobassaly Engineering $282,256.50 Excel Paving $296,370.04 Damon Construction $304,546.00 Nobest, Inc. $315,944.00 C:s1affrpM -37 -00 fairgrcve, mangum, cip 867 XVII. AGREEMENT This Agreement (hereafter "Agreement ") is made and entered into by and between the City of Baldwin Park, a general law city (hereafter "City ") and GENTRY BROTHERS, INC. (hereafter "Contractor'). wIT NESS ETH: The parties hereto agree as follows: SECTION 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) That City has heretofore solicited sealed public bids for CIP 867, Reconstruction of Fairgrove Street, Mangum Avenue and La Rica Avenue Project (hereafter "Project"); and (b) That Contractor has submitted a timely bid proposing to accomplish the work and material required for said Project; and (c) That the City Council of City has determined, in accordance with all applicable laws, that Contractor's said bid constitutes the lowest responsible bid and has awarded said bid to said Contractor, and (d) That Contractor is fully qualified to perform the work required to complete the Project, and has agreed to do so upon the terms set forth in this Agreement; and (e) That the City Council has determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. Contract Documents. The Contract Documents, are as set forth in Exhibit A hereto, which are incorporated herein by reference and made a part of this Agreement as though set forth in full. Any discrepancies or ambiguities between Contract Documents shall be resolved by the City Engineer, SECTION 3. )Mork. Contractor agrees to perform all work, and supply all material, necessary and convenient to cause the Project to be timely completed in accordance with the Contract Documents. SECTION 4. Change Orders. Change orders shall be approved only in accordance with the following: (a) City shall notify the Contractor of all pertinent data and a description of the addition or deletion; and 29 / (b) Contractor shall submit to City in writing, ten (10) days in advance, a quotation of the increased price for items added, if any, or decrease for items of work proposed to be deleted. If the parties agree upon the terms of a change order, it shall be reduced to writing and executed by the parties hereto. Quotes for items of work added or credits for items of work deleted shall be based upon the Contractor's Bid Proposal for the same or similar items of work set forth therein, provided such costs shall be adjusted to take into account any cost of living adjustment, based upon cost of living calculations issued for the Los Angeles- Anaheim area by the U.S. Department of Labor. The method of payment for additional work shall be made as provided in the Contract Documents. (c) No payment shall be made for any work not included and described in the Contract Documents unless a signed change order exists authorizing the same. SECTION 5. Term. This Agreement shall be in effect for a period of forty -five (45) consecutive calendar days, commencing on !1/' The term may be extended by mutual agreement of the parties hereto, expressed in a written amendment to this Agreement. SECTION 6. Compensation. Contractor shall accept as full compensation for his/her services rendered hereunder in the amounts set forth in the Contract Documents, together with any amount authorized by an approved change order. Contractor shall be entitled to progress payments in accordance with the Contract Documents. SECTION 7. Warran The parties hereto represent and warrant to each other that the persons executing this Agreement on their behalf are fully authorized and empowered to enter this Agreement and that no consent or approval from any other person, group, or entity is necessary to the enforceability of this Agreement. SECTION & Binding Effect. This Agreement and each and every covenant, condition and term herein, shall be binding upon an inure to the benefit of the respective successors in interest to the parties to this Agreement. SECTION 9. Severabilily. If any term, condition or covenant of this Agreement, or the application hereof to any person or circumstance shall be invalid or unenforceable, the remainder of this Agreement, other than those paragraphs held invalid or unenforceable, shall be unaffected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 10. Indemnity. Contract does hereby indemnify and hold the City, it's appointed and elected officials, agents and employees free and harmless from any claim, demand or judgement arising out of the activities of Contractor's officers, agents or employees in performing services pursuant to this Agreement. 30 SECTION 11. Insurance. Notwithstanding the provisions of this paragraph relating to required insurance coverage, Contractor's indemnity obligation set forth in Section 10 of this Agreement shall not be deemed satisfied solely by Contractor's compliance with this Section 11. At all times during the term or any extended term of this Agreement, Contractor shall maintain in force a policy or policies of liability insurance in minimum coverages, amounts and companies as approved by the City Engineer. Contractor shall maintain all insurance required by this Agreement, and by applicable law including, but not limited to, a policy of Workers' Compensation Insurance covering all his/her employees or be self - insured with respect to such Workers' Compensation in accordance with the laws of the State of California. Certificates evidencing the existence of such insurance coverage shall be filed with the City prior to the effective date of this Agreement, and correct certificates shall be maintained on file with the City Clerk during the term hereof. Each such certificate shall bear endorsements naming the City, it's elected and appointed officers, agents and employees, as additional insured on all such policies of liability insurance. Each said certificate shall also provide that the policy to which it relates shall not be materially altered or terminated except after thirty days (30) notice to City. SECTION 12. Liquidated Damages. The parties agree that any delay in the completion of work required pursuant to this Agreement by Contractor will result in substantial damage to City. The parties also have agreed that the nature and extent of damage to City in the event of delay in completion of such work would be difficult if not impracticable to ascertain with any degree of accuracy. Accordingly, the parties have agreed that this provision for liquidated damages is reasonable and necessary. The parties have agreed, as a part of the bid process, that the sum of $1,000.00 per calendar day for each day's delay in the performance by Contractor of the work hereunder, is a reasonable sum as and for liquidated damages and shall not be deemed a penalty. SECTION 13. Comr)llance with all Laws. Contractor does hereby agree to comply with the Baldwin Park Municipal Code and all other applicable laws. SECTION 14. Amendment. This Agreement shall not be modified except by an agreement in writing signed by both parties. SECTION 15. Assignment. This Agreement shall not be assigned, in whole or in part, by Contractor, without the prior written consent of City. SECTION 16. Notices. All notices pursuant to this Agreement shall be in writing, and shall be given by personal service upon the person to be notified or by depositing the same in the custody of the United States Postal Service or it's lawful successor, postage prepaid, addressed as followed: City: Director of Public Works City of Baldwin Park Agency 14403 East Pacific Avenue Baldwin Park, CA 91706 31 SECTION 17. Effective Date. The effective date of this Agreement shall be - X99'8. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. DATED: ATTEST: City Clerk DATED: 32 ..; City: City of Baldwin Park By: Mayor By- Contractor T®: Mayor and City Council Members Dayle Keller, Chief Executive Officer May 17, 2000 SUBJECT: Claire Rejections — L.uis G. Carrillo, No. 99 019A, and Benjamin Silva Case No. 99 018A CITY COUNCIL AGENDA MAY 1 7 2000 STAFF RE#bW6dD. Jn"— This report requests that the City Council reject the claims filed against the City by claimants Luis G. Carrillo and Benjamin Silva. In order for the statuto of limitations to begin on the claims filed against the City, it is necessary for the Council to reject the claims by order of a motion and that the claimant(s) receive written notification of said action. It is recommended that the City Council reject the above referenced claims and direct staff to send the appropriate notices of rejection to claimants. Report prepared by: Rosemary M. Ramirez, Deputy City Clerk BALDWIN P � A, R, K CITY OF BALDWIN PARK TO: City Council FROM: Jose M. Mesa ersonnel /Risk Manager DATE: May 17, 2000 SUBJECT: Adopted Salary Resolution No. 2000 -42 PURPOSE CITY COUNCIL AGENDA MAY 1 7 2000 ITEM N0. , _r` STAFF REPORT This report requests that the City Council adopt an amendment to the current Salary Resolution No. 00 -25 specifically, page 6, Section 7, Executive Employees and adopt the attached Salary Resolution No. 2000 -42. The amendment deletes the position of Interim Chief Executive Officer (CEO) and adds the position of CEO and designates a flat monthly salary. BACKGROUND & DISCUSSION The City Council on April 19, 2000 appointed Dayle Keller, to the position of CEO. Ms. Keller has been serving as an Interim since October 7, 1999. The City Council approved her employment contract at the April 19'" meeting, during Closed Session. RECOMMENDATION Staff recommends that the City Council adopt Salary Resolution No. 2000 -42. Approved by: RESOLUTION NO. 2000 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2000 -07 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK (Chief Executive Officer) THE CITY COUNCIL. OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. Effective September 2, 1998, the base salary range which does not include the employer paid member contribution to retirement for each general employee classification is hereby the salary range set forth in Section 1 of Exhibit A, attached hereto. SECTION 2. Effective September 2, 1998, the base salary range which does not include the employer paid member contribution to retirement for each confidential employee classification is hereby the salary range set forth in Section 2 of Exhibit A, attached hereto. SECTION 3. Effective September 15, 1999, the base salary range which does not include the employer paid member contribution to retirement for each professional and technical employee classification is hereby the salary range set forth in Section 3 of Exhibit A, attached hereto. SECTION 4. Effective June 27, 1999, the base salary range which does not include the employer paid member contribution to retirement for each sworn and non -sworn employee classification is hereby the salary range set forth in Section 4 of Exhibit A, attached hereto. SECTION 5. Effective May 5, 1999, the base salary range which does not include the employer paid member contribution to retirement for each management employee classification is hereby the salary range set forth in Section 5 of Exhibit A, attached hereto. SECTION 6. Effective September 15, 1999, the base salary range which does not include the employer paid member contribution to retirement for each police management employee classification is hereby the salary range set forth in Section 6 of Exhibit A, attached hereto. SECTION 7. Effective May 17, 2000, the base salary range which does not include the employer paid member contribution to retirement for each fixed rate executive employee classification is hereby the salary range set forth in Section 7 of Exhibit A, attached hereto. SECTION 8. Effective July 21, 1999, the salary range for each part-time/temporary employee classification is hereby the salary range set forth in Section 8 of Exhibit A, attached hereto. SECTION 9. Effective July 7, 1999, the salary range for each fixed rate position is hereby fixed by the salary set forth in Section 9 of Exhibit A, attached hereto. SECTION 10. To achieve designation as a Certified Municipal Clerk, a City Clerk must meet the certification criteria. as established by the International Institute of Municipal Clerks organization. SECTION 11. That the City Council shall be entitled to health and welfare benefits commensurate with the benefits received by other City employees. SECTION 12. That the City Treasurer shall be entitled to health and welfare benefits commensurate with the benefits received by other City employees. SECTION 13. That the appropriate Memorandums of Understanding for employees represented by the Baldwin Park Professional and Technical Employees Association and the Baldwin Park Police Management Employees Association are hereby effective for the period of June 30 1995 through June 28, 1998. Resolution No. 2000 -42 Page 2 SECTION 14. That the appropriate Memorandum of Understanding for employees represented by the Baldwin Park Police Association is hereby effective for the period of July 2, 1995 through June 24, 2000. SECTION 15. That the appropriate Memorandums of Understanding for employees represented by S,E.I.U., Local 347 are hereby effective for the period of June 28, 1998 through June 26, 1999. SECTION 16. That all Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 17. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Personnel Officer. APPROVED AND ADOPTED THIS 171" day of May, 2000. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF BALDWIN PARK } 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 17'" day of May, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk/Deputy City Clerk SECTION 1, GENERAL EMPLOYEES CLASSIFICATION Administrative Clerk I Administrative Clerk II Construction Clerk Equipment Mechanic Finance Clerk Maintenance Worker lI Maintenance Worker I Housing Specialist Senior Equipment Mechanic Senior Maintenance Worker Street Sweeper Operator Resolution No, 2000 -42 Page 3 EXHIBIT "A" Steps 1 2 3 4 5 SECTION 2. CONFIDENTIAL EMPLOYEES 1730 1910 2108 2566 2109 2379 2162 2108 2822 2626 2438 1816 2005 2213 2694 2214 2497 2270 2213 2963 2757 2560 1907 2105 2324 2829 2325 2622 2384 2324 3112 2895 2688 2003 2103 2211 2321 2440 2562 2970 3119 2441 2563 2754 2891 2503 2628 2440 2562 3267 3431 3039 3191 2822 2963 CLASSIFICATION Steps 1 2 3 4 5 Deputy City Clerk 2827 2968 3116 3272 3436 Executive Secretary 2827 2968 3116 3272 3436 Personnel Assistant 2827 2968 3116 3272 3436 Resolution No. 2000 -42 Page 4 SECTION 3. PROFESSIONAL AND TECHNICAL CLASSIFICATION Steps 1 2 3 4 5 Accountant 3230 3392 3561 3739 3926 Assistant Engineer 3506 3682 3866 4059 4262 Assistant Planner 3171 3329 3496 3671 3854 Associate Engineer 3857 4050 4252 4465 4688 Building Inspector 3159 3317 3483 3657 3840 Business License Inspector 2508 2634 2765 2904 3049 Code Enforcement Officer 2724 2860 3003 3153 3311 Code Enforcement Supervisor 3337 3504 3679 3863 4057 Engineering Supervisor 4243 4455 4678 4912 5157 Engineering Technician 2792 2932 3078 3232 3394 Housing Inspector 2724 2860 3003 3153 3311 Housing Programs Coordinator 3337 3504 3679 3863 4057 Housing Rehabilitation Coordinator 2379 2497 2622 2754 2891 Information Systems Analyst 2971 3119 3275 3439 3611 Information Systems Supervisor 4243 4455 4678 4812 5157 Information Systems Support Technician 2583 2712 2848 2991 3140 Plan Check Engineer 3826 4018 4219 4430 4651 Planning Technician 2747 2884 3029 3180 3339 Principal Planner 4264 4471 4701 4936 5183 Program Coordinator 2643 2776 2914 3060 3213 Program Supervisor 3337 3504 3679 3863 4057 Public Works Inspector 3153 3310 3476 3650 3832 Public Works Supervisor 3953 4150 4358 4576 4805 Redevelopment Projects Coordinator 3337 3504 3679 3863 4057 Senior Finance Clerk 2581 2710 2845 2988 3137 Senior Accountant 4071 4274 4488 4712 4948 Transit Coordinator 3337 3504 3679 3863 4057 SECTION 4. SWORN AND NON -SWORN EMPLOYEES CLASSIFICATION Civilian Dispatcher Community Service Officer Parking Enforcement Officer Police Officer Police Records Specialist I Police Records Specialist lI Police Sergeant Police Technician Public Safety Trainee Records Supervisor Telephone Operator Resolution No. 2000 -42 Page 5 Steps 1 2 3 4 5 SECTION 5. MANAGEMENT EMPLOYEES CLASSIFICATION Steps Engineering Manager Housing Manager Personnel /Risk Manager Redevelopment Project Manager SECTION 6. POLICE MANAGEMENT EMPLOYEES 2455 2514 2514 3764 1843 2034 4578 2600 3153 2600 1843 2578 2640 2640 3953 1935 2136 4807 2730 2730 1935 2707 2772 2772 4159 2032 2243 5048 2866 2866 2032 2842 2985 2911 3056 2911 3056 4357 4575 2134 2240 2355 2473 5300 5565 3010 3160 3010 3160 2134 2240 1 2 3 4 5 4891 5136 5393 5663 5946 4439 4661 4894 5139 5396 4891 5136 5393 5663 5946 4524 4751 4988 5238 5500 CLASSIFICATION Steps 1 2 3 4 5 Police Captain 6186 6495 6820 7161 7519 Police Lieutenant 5359 5627 5909 6204 6514 SECTION 7, EXECUTIVE EMPLOYEES CLASSIFICATION Chief Executive Officer Chief of Police Finance Director Director of Community Development Director of Recreation & Community Services Interim Public Works Director Interim Community Development Director Interim Recreation & Community Services SECTION 8. PART- TIMEITEMPORARY EMPLOYEES TITLE Cashier City Service Worker* Crossing Guard Lifeguard Police Cadet Police Reserve Officer Pool Manager Recreation Leader I Recreation Leader II Recreation Leader III Recreation Leader IV Senior Lifeguard Student Intern Resolution No. 2000 -42 Page 6 FIXED RATE (Monthly Rate) 9900 8,751 7,083 7,247 6,350 8,367 6,500 5,071 HOURLY RATE 5.75 5,75-50.00 5.75 8.00 6.30 6.80 11.00 5.75 6.61 7.60 8.74 9.00 6.95 *The foregoing classification of City Service Worker is established to provide for temporary employment to meet specialized needs. The Personnel Services Division will establish the exact salary within the foregoing range based on the labor market for the position, as necessary. Resolution No. 2000 -42 Page 7 SECTION 9. FIXED RATE POSITIONS TITLE ANNUAL FIXED RATE City Clerk (Non - Certified) 2,400 City Council 3,000 City Treasurer 2,400 Mayor 3,000 City Commissioner (Per Meeting) 50 �II R A I T7 WIN 1' , H . K K TO: FROM: DATE: CITY OF BALDWIN ,PARK UI Y GUUNL;IL AUtNUA MAY 1 7 2000 STAFF , - REPORT � 40 Mayor and Councilmembers Rick Form Development Director tos, Interim Community p May 17, 2000 SUBJECT: Continue to June 7, 2000; Case Number: Z -512; Request: Zone Change to allow the creation of an Outdoor Advertising Display District (0) zoning designation on a property adjacent to the 1-10, San Bernardino Freeway; Location: 1211 Baldwin Park Boulevard, (Altman's Recreational Vehicles); Applicant: Ken Spiker & Associates representing Regency Outdoor Advertising. NOIJ9i14 This report requests that the City Council continue this item to their June 7, 2000 meeting. BACKGROUND/DISCUSSION This case was first heard by the Planning Commission at their April 26, 2000 meeting. At that meeting the Commission voted to recommend denial on the zone change application and denied the zone variances. The Applicant subsequently appealed the Planning Commission's decision on the variances. Furthermore, all zone change applications are ultimately decided by the City Council. Due to the very short time period in which staff had to prepare the reports, additional time is required in order to complete the report and have the City Attorney to review and approve the report. RECOMMENDATION Staff recommends that the City Council continue this item until their next meeting on June 7, 2000. Report prepared by: Amy L. Harbin, Principal Plann C :\Amy\AMY\W0RD1REPORTS1Council Re portslz512contd.doc r BALDWIN P -A - R- K. CITY OF BALDWIN PARK CITY COUNCIL AGENDA MAY 1 7 2004 STAFF REROR '" "/ -a TO: Mayor and Councilmembers - FROM: Rick Forintos, Interim Community Development Director DATE: May 17, 2000 SUBJECT: Case Numbers: Z -513 & ZV -655; Request: A Zone Change to allow.the creation of an Outdoor Advertising Display District (0) Zoning designation on a property adjacent to the 1 -10, San Bernardino Freeway and an appeal of the Planning Commission's decision to deny a zone variance to allow a billboard to exceed the maximum height and sign face area; Location: 13329 Garvey Avenue, (HLC Electric); Applicant: Ken Spiker & Associates representing Regency Outdoor Advertising. PURPOSE This report requests the Council's consideration of the Planning Commission's recommendation relating to a request for a zone change from IC to IC (0) to allow the construction of one outdoor advertising structure (billboard) along the 1 -10 on the property currently occupied by HLC Electric and an appeal of the Planning Commission's decision to deny zone variances requesting that the billboard exceed the maximum allowable height and sign face area. BACKGROUND Zone change and zone variance applications have been filed by Regency Outdoor Advertising (Regency) to construct one (1) double -faced billboard sign within the Sierra Vista Redevelopment Project area. The subject property contains approximately 45,738 square feet (1.05 acres) and is located on Garvey Avenue near Fairgrove Street, adjacent to the 1 -10 Freeway. The property's General Plan Land Use designation is Industrial Commercial; and the property is consistently zoned IC, Industrial Commercial. This item originally came before the Planning Commission at their April 24, 2000 meeting, As the Council is aware, in the case of zone changes, the Planning Commission conducts a public hearing and at the conclusion makes a recommendation to the City Council pursuant to Section 153.637 of the City's Municipal Code. At the April 24, 2000 meeting, the Commission voted 4 -1 to recommend that the City Council deny the applicant's request to change the zone from IC to IC (0). (Refer to section entitled `Planning Commissioner's Comments.) Section 153.395(A) of the City's Zoning Code allows billboard signs to be constructed on any property located within an Outdoor Advertising District (0) Overlay Zone. Currently, such districts only exist along Arrow Highway, a short segment of Ramona Boulevard in the Auction Village area, and within the past year, along segments of the 1 -605, San Gabriel River Freeway and small portion of the 1 -10 San Bernardino Freeway between the western boundary of the 1 -1011 -605 interchange to the western City limits (see attached Exhibit "D "). Within (0) Overlay Districts, billboard signs are Z -513 & ZV -655 May 17, 2000 Paqe 2 considered permitted uses and do not require Planning Commission approval to install as Fong as they comply with the development standards (i.e. yard areas, maximum height, maximum sign face area, etc.) listed in Section 153.395(B) of the Code. The California Business and Professions Code -- Outdoor Advertising Act — contains further regulations applicable to the construction and maintenance of billboards along interstate highways (i.e. i -10 and 1 -605). Section 5402 of the.Business and Professions Code requires permits to be obtained through CalTrans before billboards can be installed along a freeway. Furthermore, State standards prohibit obscene, indecent or immoral images from being displayed on billboards as well as displays that distract or confuse motorists. DISCUSSION -APPLICANT'S PROPOSAL Applicant's request consists of two parts: 1) a zone change to apply the (0) Overlay Zone to the freeway frontage portion of this particular property from iC to IC (0); and 2) zone variances to allow the proposed billboard sign to exceed the maximum height (from 40' to 50') and sign face area (from 600 sq. ft. to 800 sq. ft.). In return for the requested zoning approvals, the applicant has offered to enter into an agreement with the City wherein the applicant would agree to the following terms: a. That the term of the approvals shall be twenty (20) years; and b. That a one -time payment of $100,000 for the two -faced billboard shall be paid to the City immediately prior to the issuance of the building permit; and c. That no objectionable copy will be displayed such as advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc.; and d. That due to the difficulty of defining all objectionable advertising in writing, the applicant will agree that any copy determined objectionable by the City will be removed within seventy -two hours of receipt of a request by the City; and e. That the City of Baldwin Park will be provided outdoor advertising space (one face) for thirty (30) days each year on the approved structure. The City will specify one year in advance and the time of the year the space is needed and the City will also specify the copy desired sixty days in advance of its being displayed. Copy desired by the City will be designated and produced by the applicant and will be installed and de- installed at no cost to the City. That it would be assumed by both the Developer and the City that the outdoor advertising structures and their use have no value to the property owner or the developer, and if, a redevelopment project is initiated on the site where the structure is located. The appraisal of the sites where the outdoor advertising structure is located will not include improvement value based on the existence of the outdoor advertising structure. The Developer would agree that no payment will be made to either the Developer or the property owner by the Redevelopment Agency for any billboard or the use thereof that is required to AAZ- 513cc.doc Z -513 & ZVV -655 May 17, 2000 Page 3 be removed and relocated by the City due to the implementation of a redevelopment project. g. The Developer agrees that any outdoor advertising structure that is required to be relocated due to a conflict with a redevelopment project will be done at no cost to the City or the Redevelopment Agency not later than 30 days following the initiation of a redevelopment project on the site. Any site that requires relocation of the outdoor advertising structure will be selected jointly by the City and the Developer. The Developer further agrees that any outdoor advertising structure requiring relocation will be relocated to a site adjacent to the 1 -10 Freeway. -ZONE CHANGE Billboards are a legitimate land use regulated by state law and local ordinances. They can also be a very controversial land use in some communities. The following list summarizes of the pros and cons of billboards: Arguments Against Billboards: • Billboards are viewed by many people as "visual clutter". To those who share this belief, the proposed billboards could damage the visual image of Baldwin Park along the 1 -10, San Bernardino Freeway 'gateway' through the City. • They can be counter - productive to improving the image of the City. • A poor image can negatively impact the attraction of certain types of businesses potentially relocating into the City and/or developers that would like to pose new development projects along the freeway corridor. Arguments in Favor of Billboards: • They can be an additional source of revenues to a City. • They can be used as an economic development tool by providing advertising opportunities for businesses within the City. • They require little to no demand on city services. Most of the arguments against billboards focus around aesthetic issues and are highly subjective. While many communities ban new billboards and aggressively work to abate existing ones, other communities have no problems or concerns with them. It is up to individual communities to adopt standards that reflect the values of their respective communities. As the Councilmembers can see from the brief survey staff took of cities along both the 1 -605 band 1 -10 Freeway, very few cities permit billboards along their freeway corridors, especially the 1 -10 Freeway. (Reference Exhibit `E') Furthermore, although the City's current General Plan does not specifically address the issues of billboards, staff is of the opinion that any proposed construction should be reviewed on a case -by- case basis to determine the impact upon the City as each particular property has different characteristics and circumstances. -ZONE VARIANCES- -This part of the request will be moot should Council ultimately deny the zone change k2- 513cc.doc Z -513 & ZV -655 May 17, 2000 Page 4 The zone variances are being requested to exceed the maximum height, sign face area and front yard setback for the proposed billboard. Currently the Code allows a maximum height of 40 feet for a billboard, irregardless of where the proposed billboard is located (Arrow Highway, Ramona Boulevard, 1 -605 Freeway). As for the sign face area, the Code restricts the sign face area of a billboard to 600 square feet per side. Both of these City Code requirements relating to billboard height and sign face area were adopted in April 1969 and subsequently amended November 1970 after the then City Council imposed a moratorium due to the lack of specificity in the newly adopted regulations. Staff is of the opinion that the variances are not necessary as stated in the findings of fact as there are no other properties along the 1 -10 freeway within the area bounded by the eastern boundary of the 1 -605 freeway and the western boundary of the Baldwin Park Boulevard vehicular overpass that have been granted an (0) Overlay zone enabling the construction of a billboard that meets the current zoning code requirements (reference Finding #2). Furthermore, the requested variances could adversely affect the current General Plan in that the billboard, if approved with the variances, may not be considered an improvement of the San Bernardino Freeway (reference Finding #4). - REDEVELOPMENT ISSUES As the Councilmembers are aware, this particular property is located within the Sierra Vista Redevelopment Project Area. There has been substantial interest in the redevelopment of this portion of the Sierra Vista Redevelopment Project Area, most specifically along the 1 -10 freeway, between Puente Avenue and the eastern edge of the 1 -1011 -605 Interchange, by various Developers. This particular property, however, contains three buildings built around 1978 totaling approximately 13,121 square feet of floor area. According to business license records, HLC Electric, a wholesaler, has been located at this property since prior to 1989. Several years ago, the then Community Development Director on the behalf of the Redevelopment Agency hired GRC Associates, Inc. to study both the Sierra Vista and Puente /Merced Redevelopment Project Areas which are adjacent to the 1 -10 San Bernardino Freeway and assess those areas for future development potential. As part of the economic development planning process for the study area, sessions were held with Agency Board Members, Planning Commissioners, members of the Project Area Committee (PAC), landowners and business owners within the area, and City staff. At these sessions, discussion focused on the ability of the Agency to raise revenue, improve infrastructure and make Baldwin Park more attractive to new and existing development and business. Furthermore, the Strategy includes a work plan which can be utilized as a guide to economic development efforts over the next twenty (20) years. However as with strategies and plans of this nature, they should be revisited, especially with significant changes in the economy, retailing, and changes affecting the workforce (i.e. technological advances). Furthermore, according to the strategy... "The City of Baldwin Park is in a position to engage its residents and businesses in a collective effort to promote economic growth within the community. With careful planning and thoughtful review the community will be able to attract private investment, expand its business base, raise property values and improve the quality of life within the community." According to the Sierra Vista /Puente Merced Freeway Corridor Economic Development Strategy this property, along with five (5) adjacent others, is categorized as a mid -term opportunity area. The study classifies mid -term opportunity areas as areas that could see development potential within A1Z- 513mdoo Z -513 & ZV -655 May 17, 2000 Page 5 the next 5 to 10 years. Although the ranking system within the plan gives the overall area 2 stars (5 stars has the most potential for development), there has been interest in this general area by Developers as one of the properties within the area is vacant (a former trailer park) and contains approximately 1.58 acres. Additionally, the self - storage facility that exists adjacent to the subject site is a nonconforming use, which, if abated, could thereby aid in future development of this specific area. However, downsides to this particular area are that it may only be accessed by Garvey Avenue and borders residentially zoned properties. Finally, this area may be affected by future CalTrans proposals for widening the freeway. - EXISTING BILLBOARDS -- HISTORY The two primary areas in the City that have the (0) Overlay Zoning designation are Arrow Highway between Baldwin Park Boulevard and Azusa Canyon Road and Ramona Boulevard north of Badillo Avenue. Within these areas there are a total of twelve (12) existing billboards. As the Council is aware, nine (9) billboards were recently approved (zone changes and zone variances) in 1999. These billboards are located in Barnes Park (3), Cloverleaf Business Park (3), and the SCE Right - of -Way along the western boundary of the City. The analysis staff did on each of the entitlements and the determination of the Council was that the proposed billboards would be consistent with the development (existing and future) of these areas. Cloverleaf Business Park (Delta Redevelopment Project Area) was already completely redeveloped and the SCE Right -of -Way property was found to have very little development potential. In addition, the general location of all of the approved billboards was off of the 1 -605 Freeway. This area is not considered to be a major entrance into the City and therefore was found to be less of a negative visual impact on the area. - PLANNING COMMISSIONER'S COMMENTS At their meeting on April 26, 2000, a majority of the Commissioner's expressed concern regarding the proposed billboards. Several Commissioners were of the opinion that this portion of the 1 -10 Freeway is the `gateway' through the City as several thousand cars pass along on this thoroughfare daily. Furthermore, they stated that the image of the City from this portion of the 1 -10 Freeway needs substantial improvement and that a proposed billboard may not improve the image of the City. Additionally, one Commissioner voiced an opinion stating that the revenue generated from the billboards could be beneficial to the City. For example, such funds could be utilized to subsidize scholarships to needy children enabling their participation in the City sports and recreation programs. The Planning Commission voted 4 to 1 to recommend denial on the proposed zone change to the City Council and denied the zone variances as well. RECOMMENDATION Staff recommends that the City Council: 1) deny the zone change; and 2) and deny the zone variances. FINDINGS OF FACT — ZONE VARIANCE -- -Moot should the Council deny the Zone Change That there are no exceptional or extraordinary circumstances or conditions applicable to this property. The requested sign variances only enable the Applicant to construct 'industry AAZ- 593cc.doc Z -513 & ZV -655 May 17, 2000 Page 6 standard' signs as opposed to designing and constructing a sign that meets the current Code requirements. Furthermore, the geographical constraints (Baldwin Park Boulevard vehicular overpass) surrounding the site may pose a hardship, however, vehicles traveling will eventually be able to see the proposed billboard only perhaps at a closer range; and 2. That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 freeway and the west boundary of the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted the ability to have an (0) Overlay Zone and within that parameter construct a legal outdoor advertising structure by the City; and 3. That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay (0) District Zoning, the City Council has determined that the proposed billboard on this property is visually offensive and is not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park. Boulevard overpass more specifically at this location; and 4. That approval of the requested variances could adversely affect the General Plan, General Plan Land Use Policy 1.5 states that the City should 'continue to improve the San Bernardino Freeway Corridor for commercial opportunities'. Although the requested variances are moot should the zone change be denied, if approved, the construction of the billboard could have a long -term negative impact upon how future developers and commercial businesses view this segment of the freeway corridor. ATTACHMENTS: - Exhibit "A ", dated May 17, 2000 - Exhibit "B ", Existing Zoning - Exhibit "C" Proposed Zoning - Exhibit "D" Existing Billboard Locations - Exhibit "E" 1 -10 Billboard Survey - Exhibit °F" Development Agreement - Planning Commission Resolution 00 -10 - Environmental Data - Application Forms and Statements - Ordinance 1160 REPORT PREPARED BY; Amy L Harbin, Principal Plan e AAZ- 513cc.doc §� Z7 {} � !� �� m° —•� / k )\ j2 k (/ I° *\ )� /\ AR , 4 IN \ � < wl } k' ) 2 p 0 ; 0 T LU 0 \ / 2 0 «j uj Awcoe-4w ) E e 2 O )§2 Oz 0: w §(� z ±§ O (/! 7 Dea �)) 2 9a z. < Mo{ 2 @§e (L ui � \ 0 \ k x § 4_§ §L> mff 0b La �00 jk$ ozx 008 E£2 2 ® U, 2p;; S k$§§ =mom \ 0 � « «� �.\ � k u(\ \)§ qg � ..� A§! §(§k IL L F§f/ �2§ �cn #� \ � 2/ 'z k() k §) § -4 9 )m\ \ a k . � / j \ \ $ - - -- � \/ N 0 7d § ° e E kd S . � ! � 1 | IN \ � < wl } k' ) 2 p 0 ; 0 T LU 0 \ / 2 0 «j uj Awcoe-4w ) E e 2 O )§2 Oz 0: w §(� z ±§ O (/! 7 Dea �)) 2 9a z. < Mo{ 2 @§e (L ui � \ 0 \ k x § 4_§ §L> mff 0b La �00 jk$ ozx 008 E£2 2 ® U, 2p;; S k$§§ =mom \ 0 � « «� �.\ � k u(\ \)§ qg � ..� A§! §(§k IL L F§f/ �2§ �cn #� \ � 2/ 'z k() k §) § -4 9 )m\ \ a k . � / j \ \ $ 3137 1 F 13227/ N31 13235 13234 ------- ii-0 now Lo I 1 1347 � 14 * It 0 FC 1211 Ic IN, ZSut)ject Properly Man PLANNING Sz Vicinity jv Exhibit " B" N Existing Zoning CASE NO: Z-513 and ZV-655 I ADDRESS: 13329 Garvey Avenue Not to Scale City of Ba3dwin Park 1 71323 4 WWA Ono w 10 0000 FC Q 1211 . !�� c Subject Properly PIANNII Vi co ns ©iViSf ll I Map Exhibit "C" N Proposed Zoning CASE NQ: Z -513 and ZV -655 ADDRESS: 13329 Garvey Avenue Not to Scale J Exhibit "D // LEGEND Existing BiRboaids 1. Eller 2, Eller 3. Outdoor Systems 4. Vista Media 6. Unknown 6, Unknown 7. Eller S. Outdoor Systems 9. Vista Media 10. Eller 11. Eller 12. Outdoor Systems 13. Martin* 14. Ken Spiker & Associates 15. Ken Spiker & Associates 16. Ken Spiker & Associates 17. Ken Spiker & Associates 18, Ken Spiker & Associates 19. Ken Spiker & Associates 20. Ken Spiker & Associates 21. Ken Spiker & Associates 22, Ken Spiker & Associates * Proposed Billboards 23, Ken Spiker & Associates 24, Ken Spiker & Associates 25, Ken Spiker & Associates 26 Ken Spiker & Associate 27, Ken Spiker & Associates 28, Ken Spiker & Associate * Nonconforming roo s Dr. D ftamcna Blvd, j If (fit AW. St L I 1 0)f 7 (la rry\graphicsVraps\Bii[board.ocailors\Mapl Lo es St. T� .......... 0m r ftamcna Blvd, j If (fit AW. St L I 1 0)f 7 (la rry\graphicsVraps\Bii[board.ocailors\Mapl Exhibit "E" 1 -10 & I -605 Billboard Survey The following table shows the response to the survey on cities along the 1 -10 and the 1 -605 Freeway that allow Billboards. Surveyed Cities along the 1 -605 Freeway Pico Rivera No Whittier No Santa Fe Springs Yes Downey Yes Norwalk Yes Bellflower Yes Cerritos No Hawaiian Gardens Yes Surveyed Cities along the 1 -10 Freeway Monterey Park No Alhambra No San Gabriel No Rosemead No El Monte Yes West Covina No San Dimas No Pomona No Claremont No RECORDING REQUESTED BY: RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City of Baldwin Park WHEN RECORDED, MAIL TO: City Clerk City of Baldwin Park, California DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. DATE ADOPTED: i TABLE OF CONTENTS P_ age RECITALS........................... ............................... 1 AGREEMENT........................ ............................... 7 Section 1. Obligations of or Contributions by Developer ..................... 7 A. Timing of Development ....... ............................... 7 B. Payment of Fees ............ ............................... 7 C. Hold Harmless ............. ............................... 7 D. Equal Opportunity ........... ............................... 8 E. Public Service Advertisement Space 9 Section 11. Project Development ........ ............................... 10 A. Entitlement to Develop ...... ............................... 10 B. Permitted Density, Height and Uses ............................ 10 1. Surface Area ......... ............................... 10 2. Design of New Structures .............................. 14 3. Repair and Maintenance ............................... 10 4. Advertising .......... ............................... 10 C. Ministerial Approvals ...................................... 12 D. Rules, Regulations and Official Policies ........................ 12 1. Applicable Rules ...... ............................... 12 2. Conflicting Enactments . ............................... 13 3. Moratorium .......... ............................... 13 E. Permitted Conditions and Fees . ............................... 13 F. Timing of Development ...... ............................... 14 G. Vesting of Developer's Rights . ............................... 14 Section 111. Cooperation/Implementation .. ............................... 14 A. No Inconsistent Actions ...... ............................... 14 B. Further Assurances; Covenant to Sign Documents ................. 14 C. State, Federal or Case Law ... ............................... 15 D. Other Governmental Bodies ... ............................... 15 E. Cooperation in the Event of Legal Challenge ..................... 15 Section 1V, General Provisions .......... ............................... 16 A. Covenants Run with the Land . ............................... 17 B. Transfers and Assignments ... ............................... 17 C. Statement of Compliance ..... ............................... 18 D. Default ................... ............................... 18 E. Default by City .................. I ........................ 19 F. Legal Action .............. ............................... 19 G. Waiver; Remedies Cumulative . ............................... 19 H. Future Litigation Expenses ... ............................... 20 1. Payment to Prevailing Party ............................ 20 2. Scope of Fees ........ ............................... 21 1. Effective Date and Term ..... ............................... 21 J. Supersedure by Subsequent Laws ............................. 22 K. Amendment of Agreement .... ............................... 23 L. Operating Memoranda ....... ............................... 23 Section V. Miscellaneous ............. ............................... 23 A. Negation of Partnership ...... ............................... 23 B. No Third Party Beneficiary ... ............................... 24 C. Entire Agreement ........... ............................... 24 D. Severabihty ............... ............................... 24 E. Construction of Agreement ... ............................... 25 F. Section Headings ........... ............................... 25 G. Applicable Law ............ ............................... 25 H. Notices ................................................. 25 1. Time is of the Essence ....... ............................... 26 J. Recordation ............... ............................... 26 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PART{ AND KEN SPIKER AND ASSOCIATES, INC. THIS DEVELOPMENT AGREEMENT ( "Agreement") is made and entered in the City of Baldwin Park, County of Los Angeles, on this T day of , 2000, by and between the City of Baldwin Park (hereinafter referred to as "City "), and KEN SPIKER AND ASSOCIATES, INC., a California corporation (hereinafter referred to as "Developer "). W1TNESSETH: WHEREAS, City's Zoning Code, Section 153.395 (hereinafter referred to as the "Zoning Code ") regulates the construction of "Off -Site Outdoor Advertising Structures" (as defined in the Ordinance) to protect the quality and character of the visual environment of the community; to provide adequate opportunities for applicants to construct Off -Site Outdoor Advertising Structures as permitted the Zoning Code; and to enhance the local and regional economy by providing for Off -Site Outdoor Advertising Structures that may identify and promote businesses and organizations within the City and region; and WHEREAS, the Zoning Code allows an applicant to construct outdoor advertising structures upon properties designated as Outdoor Advertising District ( 0) overlay zones; and WHEREAS, California Government Code sections 65864 through 65869.5 were enacted authorizing local agencies to enter into binding development agreements wi •n � 4 persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Developer, its assignees or successors in interest, has a legal or equitable interest or seeks an interest in six (6) locations on real property within City, more particularly described in Exhibits "A -1" through "A -6 ", attached hereto and incorporated herein by this reference (hereinafter referred to individually as a "Property" or collectively as the "Properties"); and WHEREAS, Developer, its assignees or successors in interest, proposes to construct six (6) new Off -Site Outdoor Advertising Structures (hereinafter referred to collectively as "New Structures ") on the Properties. The New Structures shall be located as follows: 1 structure at 13329 Garvey Avenue 1 structure at Dalewood Street adjacent to the Southern California Edison property 1 structure at 12911 -12921 Garvey Avenue 1 structure at 843 Frazier Street 1 structure at 1211 Baldwin Park Boulevard 1 structure at 12999 Garvey Avenue; and WHEREAS, Developer has requested City to enter into a development agreement pursuant to Government Code sections 65864, et seq., in order to set forth and define the terms and conditions for the construction of the New Structure; and WHEREAS, in consideration for this Agreement, Developer has agreed to pay 2 certain fees for the New Structure as defined herein; and WHEREAS, in consideration for this Agreement, Developer has agreed to make the New Structures available for public service announcements; and WHEREAS, in consideration for this Agreement, Developer has agreed to promote City businesses; and WHEREAS, in light of the substantial commitments agreed to by Developer pursuant to this Agreement, City desires to give Developer assurance that Developer can proceed with construction of the New Structures subject to the "Applicable Rules" (as hereinafter defined) for the term of this Agreement; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and its Council, and have been found to be fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation; and WHEREAS, the City Council has found that this Agreement, and construction of the New Structures on the Properties pursuant hereto, is consistent with City's general plan, any applicable specific plan, and the Applicable Rules and that there are no Applicable Rules that would prohibit or prevent construction of the New Structures on the Properties under this Agreement; and WHEREAS, City has made the following findings under its police and regulatory powers: (1) The New Structures will be located only within eligible areas; 3 (2) The New Structures are designed to be viewed primarily from a freeway or expressway; (3) The New Structures will not be constructed adjacent to and are not designated to be viewed primarily from an arterial or surface street within City; (4) The New Structures will be located within an Outdoor Advertising District ( O) Overlay zoning district; (5) This Agreement constitutes a written agreement with City concerning Developer's obligations to construct and maintain the New Structures; (6) The New Structures will not be located within: (i) a distance of ninety (90) feet from any property or premise's containing a school, church or similar place of worship; and (ii) a distance of five hundred (500) feet from any other Off-Site Advertising Structure located on the same side of the freeway or expressway; (7) The New Structures will not be placed, in total or in part, upon the roof or parapet of any structure or located on any wall nor will the New Structures project over any public right-of-way; (8) The maximum height of any billboard, poster, painting or advertisement included within the New Structure will not exceed seventy -five (75) feet; (9) The surface area of each billboard face, poster, printing or advertisement included within the New Structures shall not exceed eight hundred (800 square feet; in the event that any of these New Structures is a back -to -back or v -type of 4 Off -Site Outdoor Advertising Stricture, the surface area of each billboard face, poster, printing or advertisement included within these New Structures shall not exceed eight hundred (800) square feet, excluding cutouts and extensions; (10) There shall be no more than two billboard faces for each of the New Structures upon which advertisements may be posted; (11) The New Structures will not endanger the health and safety of operators or motor vehicles through the use of motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause significant distractions. However, the New Structures shall be permitted to have standard lighting for its advertisements; and (12) Developer will provide City with written evidence that it has obtained all necessary permits for the construction of the New Structures from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code section 5200, et sM.; and WHEREAS, pursuant to Section 153.395(A) of the City Zoning Ordinance, City has made the following findings under its police and regulatory powers: (1) the New Structures at the particular locations of the Properties will contribute to the general well being of the neighborhood or community; (2) the New Structures will not, under the circumstances of this particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity of the Properties or detrimental to the use, valuation or E enjoyment of property or improvements in the vicinity of the Properties; (3) the Properties are of adequate topography, size and shape to accommodate the New Structures, as well a all yards, spaces, walls, fences, parking, loading, landscaping, and other features necessary to allow the New Structures with the land and uses in the neighborhood and to make it compatible thereto; (4) the Properties abut streets and highways adequate in width and improvements to carry traffic generations typical of Off -Site Outdoor Advertising Structures; and (5) the approval of the New Structures will not adversely affect the General Plan of City, or any other adopted plan of City and conforms to the provisions of the City Zoning Ordinance; and WHEREAS, City has prepared an Initial Study pursuant to the California Environmental Quality Act (Public Resource Code §§ 21000, et se ) ( "CEQA "). Based on the Initial Study, City has prepared, posted, circulated and, on adopted a negative declaration which confirms that construction of the New Structures as described below, in accordance with this Agreement would not have a potential for any significant environmental impacts. As each phase, as defined below, is presented to the City for approval, the City, at that time, shall review the subsequent phase for its compliance with CEQA; and WHEREAS, on April 26, 2000, the Planning Commission conducted a duly noticed public hearing on Developer's proposal to construct the New Structure; and 0 WHEREAS, on , after conducting a duly noticed public hearing; the City Council of City adopted Ordinance Number , approving this Agreement with Developer. AGREEMENT NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: Section 1. Obligations of or Contributions by Developer. In consideration of City entering into this Agreement, Developer agrees to perform certain obligations in connection with the construction of the New Structures, which will have an overall benefit to City. These obligations include: A. Timing of Development. As of the "Effective Date (as hereinafter defined), Developer shall be entitled to building permits for the six (6) New Structures at the general locations designated in Exhibit "B -1 ". B. Payment of Fees. Developer shall pay the following fees to City: A one -time fee of one hundred thousand dollars ($100,000) for each New Structure, payable upon the issuance of a building permit for each New Structure for a total of six hundred thousand dollars ($600,000); 2. Developer shall pay City's normal business license fees and processing fees then in effect for building permits issued in accordance with the terms of this Agreement. 7 C. Hold Harmless. Developer agrees to indemnify City, and any of its officers, employees or agents, and hold City, and any of its officers, employees or agents thereof, harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of City), and for injury or damage to or destruction of property (including property of City), resulting from any and all actions or omissions of Developer's employees, agents or invitees, or any of its subcontractors or any of such subcontractor's employees, agents or invitees pursuant to this Agreement, notwithstanding that the claims, liabilities, obligations, and causes of action may have been partially caused by City, or its officers', agents' or employees' activities or possible negligence. In accordance with Section III.E. below, Developer also agrees to indemnify and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of this Agreement, D. Eqqal Opportunity 1. By signing this Agreement, Developer certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Government Code section 12940, in connection with employment, upgrading, promotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Developer agrees that it will comply with the �4- affirmative action guidelines adopted by City. 2. Developer agrees that it shall, in all solicitations or advertisement for employees for any work covered by this Agreement, placed by, or on behalf of, Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, martial status, national origin, or ancestry. 3. Developer agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. Noncompliance with the affirmative action program will constitute a breach of the terms of this Agreement. E. Public Service Advertisement Space. As described below, Developer shall post public service announcements on behalf of the City, or at the direction and sole discretion of the City, on two faces, for each of the three phases of the project, for thirty (30) days each year on an annual basis. Developer shall post public service and other non - commercial displays related to City issues or events (other than political campaigns) or commercial displays at the request of the City, on the New Structures on a space available basis City, one year prior to posting, shall determine and notify Developer when and on which of the New Structures the public service announcements will be posted. Developer shall not charge rent for such City posting time. Developer shall be 9 C responsible for the cost of producing such public service announcements. Section II. Project Development A. Entitlement to Develop City hereby grants Developer the right to construct six (6) New Structures on each of the locations, subject to the conditions imposed by this Agreement and in accordance with the Applicable Rules. In granting the right for the Developer to construct New Structures on property owned by the City, the City also grants Developer access to the City's property for purposes of constructing the New Structures pursuant to the terms contained in this Agreement. B. Permitted Densi Hei t and Uses. The permitted uses, the density or intensity of use, the maximum height and size of proposed structures, and provisions for reservation or dedication of land for public purposes shall be those set forth in this Agreement and the Applicable Rules. Surface Area. The surface area of each billboard face, poster, printing or advertisement included within the New Structures, excluding cut -outs and extensions, shall not exceed 800 square feet. 2. Desi o£ New Structures. Except as hereinafter provided, the New Structures shall be of a single pole design. The construction of the New Structures shall be substantially as depicted on the site plans for each. 3. Repair and Maintenance. Developer shall keep the New Structures clean, graffiti free, and in good repair. Developer may replace the New Structures as appropriate, in its sole discretion. 10 4. _Advertising. No advertisement on any New Structure built under this Agreement shall be displayed which would be indecent or obscene, including but not limited to advertisements for adult cabarets, bars, clubs or other establishments. Should the Director of Community Development, after consultation with the City Attorney, and in their reasonable discretion, determine that any advertising on any New Structure is indecent or obscene, City may, in exercise of City's police and regulatory powers, serve written notice upon Developer requiring the removal of such advertising pursuant to this paragraph. Developer shall remove all such advertising within three business days after City serves such notice. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. No advertisement on any New Structure shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device, including, but not limited to, words such as "Stop," "Look," "Drive -In," or "Danger." No New Structure shall display any tobacco advertisement where the tobacco product is the subject of the advertisement, but it shall be permissible when a tobacco advertisement is in conjunction with a sporting or community event. Additionally, Developer shall not advertise or display any copy promoting shopping centers in other cities, auto dealerships in other cities, or "big box" retail units in other cities. Should Developer fail to comply with the provisions of this paragraph, the Director of Community Development, after consultation with the City Attorney, may 11 serve written notice upon Developer requiring removal of the alleged improper advertisement. Developer shall remove all such advertising within three business days after City serves such notice. In the event that the alleged improper advertisement is not corrected within three (3) business days after the notice is served on Developer, Developer shall pay a fine of five hundred dollars ($500.00) for each day the alleged improper advertisement continues to be displayed. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. C. Ministerial Approvals. Developer shall obtain from City a separate building permit for each New Structure built, and each such permit shall be valid only for the particular location specified therein. Each application for a building permit shall conform to the Applicable Rules. In addition, each application for a building permit to install a New Structure shall be accompanied by evidence of a California Department of Transportation off site advertising permit. City will use its best efforts to expedite the processing of Developer's applications to build the New Structures. D. Rules Re lations and Off cial Policies. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and construction standards and specifications applicable to the development of the Properties shall be those rules, regulations and official policies in force at the time of the Effective Date (hereinafter 12 referred to collectively as the "Applicable Rules ") 2. Conflicting Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building regulation adopted or becoming effective after the Effective Date of this Agreement, which would, absent this Agreement, otherwise be applicable to the construction, maintenance and/or use of the New Structures by Developer and which would conflict in any way with or be more restrictive than the Applicable Rules, shall not be applied by City to the New Structures. The parties acknowledge and agree that any such subsequent conflicting enactment may apply to any existing Off-Site Outdoor Advertising Structures, other than the New Structures, 3. Moratorium. No City imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the construction of all or any part of the New Structures) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), demolition permits, building pen-nits, occupancy certificates or other entitlement to use or service approved, issued or granted within City, or portions of City, shall apply to the New Structures to the extent such moratorium or other limitation is in conflict with this Agreement. E. Permitted Conditions and Fees. Subject to the fees set forth in this Agreement, no additional mitigations, conditions, exactions, dedications or fees, whether adopted through the exercise of either the police power, the taxing power or any other authority, shall be imposed by City on the construction and/or maintenance of the New 13 Structures, except as expressly provided in this Agreement. F. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to develop the Properties in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. However, the parties agree that Developer will build the New Structures in accordance with the phasing set forth in Section I.A. G. Vesting of Developer's Rights. The rights and entitlements granted to Developer, pursuant to this Agreement, shall be and constitute "vested rights" or the equivalent of "vested rights" as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, and construct the New Structures on the Properties. Section III. Coo eration/Im lementation. A. No Inconsistent Actions. Except as required by any unstayed court order, neither City, nor any of its agencies, officers or employees, shall take any action that is inconsistent with the terms of this Agreement. B. Further_ Assurances; Covenant to Sign Documents. Each party shall take all 14 actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. C. State Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to conform with the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, its City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that is inconsistent with the terms of this Agreement. Nothing in this paragraph shall restrict or inhibit any individual member of City's City Council, Planning Commission or any other City agency who is also a member of another governmental body, the composition of which is different than the City's City Council, Planning Commission or other City agency, from exercising his or her discretion on such other governmental body. E. Coo eration in the Event of Le al Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any 15 writ for injunctive relief, in which case City shall notify Developer immediately upon receipt. Developer shall defend City, its officers, agents and employees from any legal actions instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement in an amount not to exceed the City's self- insurance retention amount of $250,000.00; provided, however, that if City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Subject to City's right to approve such counsel, which approval shall not be unreasonably withheld or delayed, Developer shall be entitled to select counsel to conduct such defense, who shall be authorized to represent City as well as Developer; provided, however, if City elects to select counsel, other than counsel selected by Developer, City shall be responsible for paying the fees and costs of counsel it selects. City shall not reject any reasonable settlement; if City does reject a settlement that is acceptable to Developer, Developer may settle the action, as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement or to other development issues affecting construction of the New Structures shall not delay or stop the processing or issuance of any necessary demolition or building permit, unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. 16 Section 1V. General Provisions. `\ A. Covenants Run with the Land. All of the provisions, agreement powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring all or some of the Properties, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers And AssignMents. Developer shall not assign any interest in this Agreement except in connection with the concurrent transfer of some or all of the Properties, without the prior written consent of City, which will not be unreasonably withheld. Notwithstanding the preceding sentence, Developer shall have the right to assign the six (6) New Structures Regency Outdoor Advertising. Upon any transfer of all or some of the Properties and assignment of this Agreement and delegation of all of Developer's obligations hereunder, with respect to the transferred properties, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement, and City agrees to look solely to the transferee for compliance with the provisions of this Agreement, as such obligations and provisions relate to the Properties acquired by such transferee. In addition, any amendment to this Agreement between City and a transferee shall only 17 affect the Properties owned by such transferee, and a default by any transferee shall only affect the Properties owned by such transferee. C. Statement of Compliance. Within ten (10) days following any written request which either City or Developer may make from time to tune, the other shall execute and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there is no uncured defaults in the performance of the requesting party. The Director of Community Development shall be authorized to execute any certificate requested by Developer hereunder. D. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other, unless any such failure is the result of unstayed court order, shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30 -day period, the 18 commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30 -day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate the Agreement pursuant to Government Code section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code sections 65867 and 65868. Following consideration of the evidence presented in the review before the City Council, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. E. Default by City. In the event City defaults defined in Section I'V.D. herein under the terms of this Agreement, Developer shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. In addition, the term of this Agreement will be extended by the same time as City is in default. F. Le -4 Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of parties hereto. G. Waiver-, Remedies Cumulative. Failure by City or Developer to insist upon 19 the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Developer of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Developer to take any action with respect to such default or breach. No express written waiver of any .defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement, shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section IV.D., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Future Litigation Expenses 1. Pavment to Prevailing Party. if City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross - complaint, counterclaim, or third -party claim) by reason of defaults or breach, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding 20 shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 1. Effective Date and Term. The Effective Date of this Agreement shall be thirty (30) days after City enacts an ordinance approving this Agreement ( "Effective Date "). The term of this Agreement shall expire twenty (20) years from the earlier to occur of (i) the construction of all of the New Structures, or (ii) twelve (12) months after the Effective Date of this Agreement. At least sixty (60) days before the end of the twenty (20) year term, Developer shall apply for a separate demolition permit for each New Structure. Provided that City has timely issued demolition permits, Developer shall remove all of the New Structures on or before the last day of the twenty (20) year term of this Agreement. In the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, City shall have the right to remove said remaining New 21 Structures and to charge Developer its actual costs of removal. In addition, in the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, Developer shall pay City a fine of either (i) five hundred dollars ($500.00) a day, or (ii) the actual amount of revenues received by Developer for the New Structures for the period following the end of the twenty (20) year term of this Agreement, whichever is greater. Developer hereby waives any causes of action it may have to postpone removal of the New Structures under this paragraph after the twenty (20) year term of this Agreement. Except for the Phase Two New Structures, notwithstanding the foregoing, Developer shall have the right to remove any of the New Structures at any time during the term of this Agreement and to terminate this Agreement with respect to the Property on which said New Structure was located. J. Su ersedure b Subse cent Laws. If any federal or state law, made or enacted after the Effective Date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Developer shall meet and confer in good faith to determine the feasibility of any such modification based on the effect such modification would have on the purposes and intent of this Agreement. Developer and City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is 22 successful, this Agreement shall remain unmodified and in full force and effect. K. Amendment of Agreemen, This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code sections 65867 and 65868 or their successor sections, and provided a public hearing is conducted prior to any amendment of this Agreement. L. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Properties hereunder may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The Director of Community Development shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section N.K. The Director of Community Development may execute any operating memoranda hereunder. Section V. Miscellaneous. 23 A. Negation of Partnership, The Properties constitute private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence or any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Se-verabilitv. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or grossly 24 inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Aueement. The provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings, All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, certified or express mail, return receipt requested, with postage prepaid, to the mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Developer: Ken Spiker and Associates, Inc. 14155 Magnolia Boulevard, Suite 103 Sherman Oaks, CA 91423 25 Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten (10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof J. Recordation. In order to comply with section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against each of the Properties with the County Recorder of Los Angeles County within ten (10) days after the Effective Date. [end of text. signatures on next page] IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM: IN City Attorney "CITY" CITY OF BALDWIN PARK "DEVELOPER" KEN SPIKER AND ASSOCIATES, INC. 27 President EXHIBITS A -I THROUGH A -6 TO BE PROVIDED W. DRAFTRESOLUTION NO. PC 00-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL DENY A ZONE CHANGE FROM IC TO IC (0) TO CREATE AN OUTDOOR ADVERTISING OVERLAY DISTRICT AND DENYING ZONE VARIANCES SEEKING THE PROPOSED OUTDOOR ADVERTISING STRUCTURE TO EXCEED THE MAXIMUM HEIGHT AND SIGN FACE AREA. (APPLICANT: REGENCY OUTDOOR ADVERTISING; LOCATION: 13329 GARVEY AVENUE; CASE NO.: Z -513 & ZV -655). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications for a Zone Change and Zone Variance ( "Applications ") were submitted by Regency Outdoor Advertising ("Applicant') on behalf of the owners of certain real property, located at 13329 Garvey Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) That the Zone Change is requesting that the property be rezoned from IC to IC (0) to enable the construction of an outdoor advertising structure on that portion of the property that is adjacent to the 1 -10 San Bernardino Freeway; and C) That the Zone Variances are requesting approval to allow the construction of a billboard sign along the 1 -10, San Bernardino Freeway that exceeds the maximum allowable height and sign face area pursuant to Sections 153.395 (B) (6) and (7) of the City's Municipal Code; and d) That a duly noticed public hearing was held relating to the Applications by the Planning Commission wherein evidence relating to the Applications was presented, including but not limited to, applicable staff: reports, a proposed development agreement, and testimony from the Applicant and other interested parties; and e) Based upon evidence presented at the public hearing, 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 such Applications are not present and that the Zone Change should be recommended for denial by the City Council, and the Zone Variance should be denied. SECTION 2. That the Planning Commission does hereby adopt the following Statement of Facts applicable to the Zone Change: a) That the City's General Plan does not address the issues of outdoor advertising structures (billboards), therefore, any proposed construction of an outdoor advertising structure should be reviewed on a case -by -case basis to determine the impact on the City. In the circumstances presented by the evidence available, the proposed outdoor advertising structure could be visually damaging to the City and would not be an appropriate land use along this segment of the 1 -10, San Bernardino Freeway, the "gateway" through the City; and b) That the property at issue is within the Sierra Vista Redevelopment Project Areas, where there is substantial interest in the redevelopment of this area. The proposed construction of an outdoor advertising structure on this property could negatively impact Resolution No, PC 00 -10 13329 Garvey Avenue April 26, 2000 Page 2 S R. A I the interests of new or existing businesses or developers, so as to impede the development of this area. SECTION 3. That the Planning Commission does hereby adopt the following Findings of Fact applicable to the Zone Variance: a) That there are no exceptional. or extraordinary circumstances or conditions applicable to the property involved without the zone change from IC to IC (0). The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the property, its geographical constraints and the existing freestanding sign may impose a hardship on the property at being able to construct within the limits of the City's Zoning Code; however, the denial of the zone change request by the Applicant renders these zone variance issues moot; and b) That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 and 1 -10 freeway interchange and the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted by the City the ability to have a legal outdoor advertising structure; and c) That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the Planning Commission has determined that the proposed billboards on this property is visually offensive and is not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass. The requested variances would allow the billboards to be more visible and therefore, could be materially detrimental to the public welfare; and d) That approval .of the requested variances may adversely affect the General Plan, in that, potential developers surveying the 1 -10, San Bernardino f=reeway for development possibilities could be visually offended by an outdoor advertising structure which in turn could limit the future developability of this portion of the freeway corridor. Allowing the construction of an outdoor advertising structure on this portion of the 1 -10, San Bernardino Freeway could be contrary to General Plan Land Use Element Goal 1.5 which states that the City should continue to improve the San Bernardino Freeway Corridor for commercial opportunities. SECTION 3. That the Planning Commission, at the time of the public hearing on the above matter, reviewed and considered the proposed Negative Declaration of Environmental Impact. That the Planning Commission, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby recommends that the City Council adopt the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolution No. PC 00 -10 13329 Garvey Avenue April 26, 2000 Page 3 PASSED AND APPROVED this 2611 day of April 2000. AMY L. HARBIN, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, AMY L. HARBIN, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 00 -10 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 26111 day of April, 2000 by the following vote: AYES: COMMISSIONERS: Huetinck, Villegas, Perez, Oclaray NOES: COMMISSIONERS: Magdaleno ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None AMY L. HARBIN BALDWIN PARK PLANNING COMMISSION 4 Q *og DATE: February 28, 2000 APPLICANT: Regency Outdoor Advertising TYPE OF PERMIT: Zone Change and Variance FILE NO.: Z -513 & ZV -655 LOCATION OF PROJECT: 13329 Garvey Avenue, Baldwin Park, CA 91706 DESCRIPTION OF PROJECT: Zone change and zone variance to allow the creation of an Outdoor Advertising District overlay zone and to allow the installation of one (1) billboard sign which exceeds the maximum allowable height and sign face area. It is the opinion of the ® Zoning Administrator ❑ Planning Commission Ex City Council ® Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached M are not required (Signature) Principal Planner (Title) Date(s) of Public March 2, 2000 Notice: ® Legal advertisement ® Posting of the properties M Written notice (mswlformslnegdec) 1/97 CITY OF BALDWIN PARK INITIAL STUDY I. BACKGROUND 1. Name of Regency Outdoor Advertising, Inc. Proponent: 2. Address and Phone Number of Proponent: 8820 Sunset Boulevard, 2"4 Floor West Hollywood, CA 90069 3. Date of Checklist Submitted: February 28, 2000 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if Zone change and zone variance to allow the creation of an applicable: outdoor advertising district overlay zone and to allow a billboard to exceed the maximum allowable height and sign face area. I: Wrai pm elm Z -513 and ZV -655 It ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or over covering of the soil? X c. Any increase in wind or water erosion of X soils, either on or off site? d. Exposure of people or property to geologic hazards such as earthquakes, X landslides, mudslides, ground failure, or similar hazards? 2.) Air, Will the proposal result in substantial air emissions, deterioration of X ambient air quality, or change in climate? Initial Study Z -513 and Z -655 13329 Garvey Avenue. PAGE= 2 3.) Water. Will the proposal result in a. Changes in ground water quality or quantity, or alterations of existing X drainage patterns? b_ Storm water discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading dots, or other outdoor work areas? c. A significantly environmentally harmful increase in the flow rate or volume of X storm water runoff? d. A significantly environmentally harmful increase in erosion of the project site or X surrounding areas? e. Storm water discharges that would significantly impair the beneficial uses of X receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of drainage systems and water bodies? X 4.) Plant and Animal Life. Will the proposal result in change in the diversity of species, or X number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 6.) Light and Glare. Will the proposal produce new light and glare? X 7.) Land Use. Will the proposal result in a substantial alteration of the present or X planned land use of an area? C:1Salvador%CEQA1Z- 513.doc Initial Study Z -513 and 2-655 13329 Garvey Avenue_ PAGE 3 8.) Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resource? X b. Substantial depletion of any nonrenewable natural resources? X 9.) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not X limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the location, distribution, density, or growth rate X of the human population of an area? 11.) Housing. Will the proposal affect existing housing, or create a demand for new X housing? 12.) Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or X movement of people and/or goods? b. Effects on existing parking facilities, or demand for new parking? X c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X C:ASalvadorlC EQA1Z- 513.doc Initial Study Z -513 and Z -655 13329 Garvey Avenue. PAGE 4 d. Parks or other recreational facilities? X e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a substantial increase in the use of energy? X 15.) Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 16.) Human Health. Will the proposal result in the creation of any health hazard or potential X health hazard? 17.) Aesthetics. Will the proposal result in the ' obstruction of any scenic vista or view open to the public, or will the proposal result in the X creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, X object or building? 19.) Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife X population to drop below self sustaining CASalvadorlCEQA\Z- 513.doc Initial Study Z -573 and Z -655 73329 Garvey Avenue. levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). PAGE 5 M c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where X the impacts on each resource are relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? C:lSa1vadorZEQA\Z- 573.doc Initial Study Z -513 and Z -655 13329 Garvey Avenue. PAGE 6 III. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on X the environment, and a NEGATIVE DECLARATION will be prepared. Date: February 28, 2000 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) PRINCIPAL PLANNER (Title) City of Baldwin Park , IV. DISCUSSION OF ENVIRONMENTAL EVALUATION Earth There will be no significant change in earth�or geologic conditions resulting from the construction permitted under approval of this permit. b. Approval of this project will allow for the construction of a sixty five (65) foot high outdoor advertising structure (billboard) with a sign face area of 800 sq. ft. per side. C, There should be no increased erosion of the site with the related zone change and zone variances which will enable the construction of an outdoor advertising structure. d. Approval of this project will not expose people or property to any hazards, geologic or otherwise, at any level greater than that deemed acceptable under the City's General Plan. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. C ;ISa lvador\CE QA1Z- 513.doc Initial Study Z -513 and Z-655 13329 Garvey Avenue. PAGE 7 2. Air The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. However, the installation of billboard sign will not directly or indirectly result in increased air pollution. 3. Water Development of the site under this approval may result in an increase in impervious areas and increased surface run -off. Appropriate grading and drainage plans, as required by the City's Engineering Division, will mitigate potential drainage deficiencies. No adverse impacts are anticipated. 4. Plant and Animal The project will not adversely affect the diversity or number of species on the site that the environment would be negatively impacted. In conjunction with the development, portions of the site will be landscaped which will result in the introduction of new species of vegetation including trees, shrubs, and grasses. This will have a positive impact upon the environment. 5. Noise Given the limited scale of potential development, the project will not have a significant noise impact upon the surrounding commercial area. The project will not create any new noise or subject people to unacceptable noise levels. Construction activities will cause temporary localized increases in existing noise levels, which could periodically be of a severe nature. However, construction activities should be limited in duration given the scale of allowable development and the City's Municipal Code requires that construction be performed between the hours of 7:00 a.m. and 7:00 p.m. so as to minimize the disturbance upon the surrounding neighborhoods. Consequently, there will be no significant short term or long -term noise impacts upon the environment. 6. light and Glare New light and glare will be produced by new outdoor advertising structures. However, the- California State Department of Transportation regulates the lighting that would be produced by a new outdoor advertising structure along the 1 -10 San Bernardino Freeway. The light and glare that will be produced will in no way cause a negative impact upon the vehicles traveling along the highway nor on the adjacent properties. 7. land Use The General Plan land Use designation of the property, General Commercial, is consistent with the proposal, and will remain unchanged. The proposed billboard will not affect existing land uses. 8. Natural Resources Development of the site will have a negligible impact upon the rate of use of any natural resources. The City's General Plan addresses growth at a citywide scale and its relation to the rate of use of natural resources. Though lighting will be provided for the billboard, the project will have no significant increase in additional energy uses. C:15a1vadorlCEQA\Z- 513.doc Initial Study Z -513 and Z -655 13328 Garvey Avenue. Risk of Upset PAGE 8 Future development of the site as allowed for under this approval will not involve the handling of any significant amount of hazardous materials, and therefore will not present any risk of upset, including the explosion or release of hazardous substances. 10. Population The proposed zone change, adding the 'O' Overlay designation, and zone variances relating to the construction of an outdoor advertising structure will not result in a net population increase. 11. Housing The proposed zone change and zone variances relating to the construction of an outdoor advertising structure will not generate a need. to provide additional housing stock. 12. Transportation /Circulation The installation of a billboard will not have a measurable effect on the traffic. State standards for billboard construction and operation prohibits displays that could potentially be hazardous to passing motorists. 13. Public Services a. It is anticipated that the project will not require additional fire services, however, since the project proposal has been submitted for Plan /Design Review, the Los Angeles County Fire Department has been afforded the opportunity to comment on the project proposal and all applicable conditions will have to be met by the Applicant prior to obtaining a building permits for both the proposed outdoor advertising structure. b. The proposed project will not result in an increase in demand on Police services. C. The project will not result in an increase in demand for school facilities. School impact fees for commercial projects are collected prior to the project obtaining a building permit and are intended to set -off any potential impact on school facilities. d. Given the limited scale of development which would occur on the site under this approval, the proposed project will not result in an increase in demand for additional parks or recreational facilities. The City's Development Tax, collected prior to occupancy is intended to offset any potential new demand for recreation facilities. e. Given the limited scale of development which would occur on the site under this approval, there should be a negligible impact upon the maintenance of public facilities. However, since the project has been submitted for Plan /Design Review, the Engineering Division has had the opportunity to formally review the plans to make a determination of what type of off -site improvements are needed. 14. Energy The development permitted under this approval will not have a significant effect on energy usage. The City's General Plan addresses the impacts of citywide development upon regional energy usage. C:tSa1vadoflCEQA2- 513.doc Initial Study Z -543 and Z-655 13329 Garvey Avenge. 15. Utilities PAGE 9 Development of the site will require provision of utility tie-ins as required by the City's Engineering Division. The development allowed under this approval is consistent with the general plan, which addresses the impact of citywide growth upon local and regional systems and facilities. 16. Human Health Development of the site under this approval will not result in the creation of any health hazards or potential health hazards. 17. Aesthetics The proposed billboards will be clearly visible from the 1 -10 freeway. These particular segments of the freeway are not considered a scenic highway. Therefore, the project is not expected to result in the obstruction of any scenic views open to the public. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. Therefore, the proposed project will not result in the alteration of a significant archeological or historical site. 19. Mandatory Findings of Significance a. The proposed amendments will have no impact fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long -term adverse environmental impacts, and is in keeping with the long -range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts are proposed to be mitigated to a level of insignificance. d. The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan. C:ISa1vador`CEQAIZ- 513.doc Initial Study Z -513 and Z -655 13329 Garvey Avenue. ENVIRONMENTAL INFORMATION FORM Date filed: February 28, 2000 General Information 1. Name and address of developer or project sponsor: Regency Outdoor Advertising, Inc. 8820 Sunset Boulevard 2' floor West Hollywood, CA 90069 2. Address of project: 13329 Garvey Avenue Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8556- 019 -023 PAGE 10 3. Name, address and phone number of person to be contacted concerning this project: City of Baldwin Park Amy L. Harbin, Principal Planner 14403 E. Pacific Avenue Baldwin Park, CA 91706 4. Indicate the number of the permit application to which this form pertains: Z -513 and ZV -655 5. List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Outdoor Advertising Display permits must be received by the State Department of Transportation (CalTrans). A Development Agreement will be required to memorialize the terms of the agreement. Existing zoning district: F 1C, Industrial Commercial 7. Proposed use of site (Project for which this form is filed): Operation of one (1) billboard sign PROJECT DESCRIPTION The proposed project involves a request for approval of a zone change to create an Outdoor Advertising District (0) overlay zone designation to allow the installation of one outdoor advertising structure (billboard). A related request is for zone variances from Section 153.395 (B) (6) and (7) of the City Code to allow the billboard to exceed the maximum allowable height and sign face area. C:\Sa1vador\0EQA\Z-513.doc Initial Study Z -513 and Z-655 13328 Garvey Avenue_ ENVIRONMENTAL_ CHANGES PAGE 11 Are the following items applicable to the project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Paris is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1-605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 73,000 persons. This is more than double the population in 1960_ A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. CASalvador\GEQA2- 513.doc I APPLICATION t7nmc CHANGE 1. APPLICANT: NAME: Regency Outdoor Advertising, Inc. ADDRESS: 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA, 913069 - PHONE: (310) 657 --8883 STATUS (Owner of land, agent, purchaser, etc.) Agent 2. PROPERTY OWNER: NAME Hector L. & Barbara A. Contreras ADDRESS: 2716 Longley Way, Arcadia, CA 91007 -8533 PHONE: 3. PROPERTY: ADDRESS: 13329 Garvey Avenue ZONE: IC Industrial CommerciaLlT SIZE: 43,500 sq. ft. 4. EXISTING USE OF PROPERTY: Electric supply company 5. LEGAL DESCRIPTION: (Use description as it appears in your Grant Deed or attach deed) See attached 6. REQUEST: To create an Outdoor Advertising Ovetlay District on the property described. ZONING CODE SECTION NUMBERS: 153.315 7. CHANGES TO BE MADE TO PROPERTY: Install one two —face outdoor advertising structure. B. SPECIAL INFORMATION: None. 984 3. TO: PLANNING COMMISSION CITY COUNCIL CASE NO. 1, the undersigned, hereby petition the Planning Commission and the City. Council of the City of Baldwin Parr for a change of zone on property at the locations noted in this application. JUSTIFICATION FOR REQUEST: I. IN WHAT WAYS WILL THE USES PERMITTED BY THE ZONE CHANGE BENEFIT THE ADJOINING NEIGHBORHOOD AND THE CITY OF BALDWIN PARK? The proposed use will not require any City services and will financially benefit both the City (and thus all of the neighborhoods therein) and the property owner. II. IS THE PROPERTY INVOLVED IN THIS PROPOSED CHANGE MORE SUITABLE FOR THE PURPOSES PERMITTED BY THE PRESENT ZONE OR BY THE ZONE REQUESTED? WHY? (EXPLAIN YOUR ANSWER IN FULL DETAIL) The property involved in this request is suited for the uses allowed in the underlying zone as well as an outdoor advertising structure. The Baldwin Park Zoning Code specifically allows outdoor advertising structures in all zones wherein the Outdoor Advertising Overlay District has been applied. III. WOULD THE USES PERMITTED BY THE PROPOSED ZONE BE DETRIMENTAL TO SURROUNDING PROPERTY IN ANY WAY? (EXPLAIN REASONS SUPPORTING YOUR ANSWER) No. The outdoor advertising structure will be professionally installed and maintained and, therefore, will not be detrimental to the property on which it will be built or to any adjacent property. Outdoor advertising structures are legitimate land uses adjacent to freeways and have no demonstrated adverse economic or social impact. IV. LIST ANY DEED RESTRICTION WHICH AFFECT DEVELOPMENT OF THE PROPERTY. GIVE THE EXPIRATION DATE. None that will affect the proposed development. -1- NOTE: PLEASE INCORPORATE THE PLANNING COMMISSION AND CITY COUNCIL FINDINGS OF FACT IN APPROVING ZONE CHANGES AND VARIANCES FOR OUTDOOR ADVERTISING STRUCTURES ADJACENT T4 THE 605 AND 10 FREEWAYS IN THE CITY OF BALDWIN PARK (CLOVERLEAF BUSINESS PARK, BARNES PARK AND THE SOUTHERN CALIFORNIA EDISON PROPERTY) INTO THIS APPLICATION BY REFERENCE. kqu Ak &,""A AP LICANT Drafe k&RnedY, P t ident DATE FILED :, ivi • i HEARING DATE -2 -y FINDINGS OF FACT ZV -647 & Z -509 -440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade. level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3, That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -510 & ZV- 648 -- Barnes Park That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the 1- 605 freeway and the 1 -1011 -605 interchange and 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to `- passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1- 1011 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -5'19 & ZV- 649 --SCE Right -of -Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other properly similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property, and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. 8820 Sunset Blvd. • 2nd Ftoor • Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 k.. Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two J3. That it will be presumed by both the developer and the City that' the outdoor advertising structures and the use thereof have no value to the property owner or the - developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. 44. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5, For purposes of this document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). J6. That no objectionable copy will be displayed on any of the outdoor advertising structures. Objectionable copy will include, but not be limited to, advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc. If any copy is found to be objectionable by a majority vote of the City Council, it will be removed at no cost to the City. 17. That the term of approval will be 20 years with year to year . extensions with additional fees to be paid to the City. 8820 Sunset Blvd. - 2nd Floor - Las Angeles, CA - 90069 Tel (310) 657 -8883 - Fax (310) 657 -8073 Amy Harbin, Assistant Planner City-of Baldwin Park September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. if additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 -906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, Drake Kenn dy President ds Enclosures Ai 8820 Sunset Blvd. • 2nd Floor - Los Angeles, CA - 90069 Tel (310) 657 -8883 e Fax (310) 657 -8073 1i I[ BALDW1N P•A - R - K TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CRA Conceptual Approval Lanct 3e itppnc;auu11 CITY OF BALDWIN PARK PLANNING DIVISION 94403 E. PACIFIC AVE BAL.DWIN PARK, CA 99706 (626) 893 -5269 Zone Variance Conditional Use Permit Administrative Adjustment Specific Plan Other APPLICATION INFORMATION Name of applicant(s) Regency Outdoor Advertising, Inc. Address 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069 Phone No. (310) 657 -8883 Capacity Agent Owner(s) of Record Hector L. & Barbara A. Contreras Owner's Address 2716 Longley Way Arcadia CA 91007 -8533 PROPERTY INFORMATION Location 13329 Garve Avenue Assessor Parcel Number(s) 8556--019 -723 Tract and Lot Numbers) - See attached Existing General Plan Designation Industrial Commercial Existing Zoning for each parcel IC Industrial Commercial Existing Land Use Electric-supply company Code Section to be amended 153.395 ` Purpose of request To install one two -face outdoor advertising structure CERTIFICATION STATEMENT: ( /we acknowledge the filing of this application and certify that all the above information is tare and accurate and that l /we have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning. Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) --VUJ Signature Drake nne Presi ent Date Signature Date.. FOR CITY USE ONLY: File No.: Fee: Received by: Date: F:/Piam ingfForms/Lftndapp ZONE VARIANCE Specific Stats Height (Section 153.395(B )(6 Increase from 40 feet maximum height to 50/55 11) feet in height Size (Section 153.395(B)(7) Increase from 603 square feet maximum face size to 800 square feet face size (1) x/y x = height of structure y - height of occasional appendages D9 -02 -99 ZONE VARIANCE JUSTIFICATION STATEMENT (Height And Si PROPOSAL The Baldwin Park Zoning Code specifically permits outdoor advertising structures in all zones where the Outdoor Advertising Display District has been applied, subject to specified conditions. This project meets all of the conditions, except the height limit and the sign face size limit. The City has adopted findings of fact indicating that the Outdoor Advertising Overlay District was developed specifically for City streets. On City streets speeds are low, the structures are located in close proximity to the drivers viewing the display, the grades of the travelled way and structures are the same, and major obstacles between the viewer and the structure are virtually non - existent. The proposed project presents different circumstances than anticipated when the Outdoor Advertising Overlay District and the off site .sign regulations were developed. This project is located adjacent to a freeway which accommodates very high speeds and which has major visual obstacles to overcome to ensure that the driver has an unobstructed view of the display. Regency Outdoor Advertising, Inc. proposes that the City of Baldwin Park grant a variance to allow one two -faced outdoor advertising structure on the noted site that does not comply with the City of Baldwin Park Municipal Code, specifically Sections 153.395(B)(6)(7) which relate to height and size. Specifically, the Baldwin Park Municipal Code Sections 153.395(B)(6)(7) allolx outdoor advertising structures to be a maximum of 40 feet in height (measured from the grade of the site on which the structure is placed) and have a face area of 600 square feet. The proposed structure will be higher than 40 feet with embellishments and will have a sign face a maximum of 800 square feet in area, including embellishments (see plans and cross sections for specifics). Pursuant to Section 65906 of the State of California Planning and Zoning laws, a variance may be granted when there are specific physical circumstances that distinguish the project site from its surroundings and these unique circumstances would create an unnecessary. hardship for the applicant if the usual zoning standards are imposed. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements. 1. THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTA14CES OR CONDITIONS, APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. As noted above, the size and height of outdoor advertising structures are regulated by Section 153.395 of the Baldwin Park Zoning Code. Displays are limited to a height of 40 feet above finished grade with no more than 600 square feet of sign face. The location of the subject property and the potential and existing geographical and visual constraints impose a hardship on the property that does not allow it to enjoy the property rights of other properties located in the Outdoor Advertising Overlay District. The purpose of off -site advertising structures, as permitted in the Baldwin Park Zoning Code, is to provide an advertising display that is visible from adjacent travelled ways - -in this case, the 10 freeway. The location of the subject property in relation to adjacent properties and properties in close proximity thereto that may be developed or redeveloped creates the potential for visual obstructions. The relationship of the subject property to the 10 freeway and the visual obstructions in connection therewith, such as the 605 vehicle overcrossing, the Athol vehicle overcrossing, the Bess Avenue pedestrian overcrossing and the Baldwin Park vehicle overcrossing, also impose visual constraints. Collectively, the constraints constitute a hardship on the property which do not allow it to enjoy the property rights of other properties located in the existing Outdoor Advertising Overlay Districts, which are located on properties that front on local streets. On local streets, a 40 foot height limit is, in most cases, reasonable and workable because the speed of the traffic, the configuration of the traveled way, the height and placement of the structures, and the proximity of the outdoor advertising structure to the street is conducive to adequate viewing of the display by individuals in slow moving vehicles in close proximity to the display. In this case,. however, in order to provide for appropriate visibility and sight distance from the adjacent 10 freeway the advertising structure needs to be higher than that permitted in the Zoning Code. With regard to the allowable size of the sign face, the industry standard for freeway advertising is 14 foot by 48 foot panels (672 square'feet). In addition, appendages are added on occasion, which bring the total up to a maximum of 800 square feet. This size is deemed necessary to allow for proper scaling of freeway signage. To illustrate this point, City highways range from 80 to 100 feet in width whereas freeway right -of -ways average 220 feet to 300 feet. Speeds on City streets range from 30 -45 miles per hour while speeds on the freeway range from 55 -75 miles per hour. Therefore, smaller sign faces (600 square feet) are adequate on the typical City street, as allowed by the Baldwin Park Zoning Code. However, to achieve the proper scale- and thus visibility for the proposed freeway signage larger faces are required. The applicant's proposal is consistent with adjacent freeway signs. -2- PI Clearly then, there are exceptional circumstances and conditions applicable to this site relative to pther sites in the same zone within the City. 2. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY SIMILARLY SITUATED, BUT WHICH 1S DENIED TO THE PROPERTY IN QUESTION. Variances are limited to those situations where the characteristics of the site make, it difficult to develop under standard application of the Zoning Code. As indicated in the above justification, the use of the site for the proposed purpose is constricted by existing and potential adjacent development and the visual obstructions noted which are dissimilar to the conditions on local streets for which the Outdoor Advertising Overlay District and the applicable off -site sign regulations were developed. The granting of the variance (additional height and size) will allow the applicant to enjoy the property rights enjoyed by similar properties within the City which are in the Outdoor Advertising Overlay District and are located on local City streets. The strict application of the Zone's development standards, which were clearly developed for outdoor advertising structures located directly adjacent to City streets which have no vehicle or pedestrian overcrossings or other visual obstacles, put this property owner at a disadvantage since this application involves property which is affected by potential adjacent development obstructions and visual obstructions on the travelled way and is adjacent to a heavily travelled high speed freeway instead of a local street with no visual obstacles and restricted speeds. The variance is required for the preservation and enjoyment of a substantial property right which the other properties that allow outdoor advertising structures in the City enjoy. 3. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. The location of the outdoor advertising structure is extremely. valuable from an advertisement point of view. The structure will be sought after by major companies as a way of promoting their business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. In addition, outdoor advertising structures are a legitimate business, are built and maintained to the same standards as other businesses and, in this particular case, will have no adverse impact on the property on which they will be located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. -3- 4. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. --- The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions and processes set forth in the Code and which are consistent with the General Plan. In addition, the Baldwin Park General Plan, which contains Planning Commission And City Council adopted policy guidance, has no policies that directly or indirectly_ preclude or discourage outdoor advertising structures. In fact, the General Plan is silent on off -site advertising. Therefore, the variance will not adversely impact the General Plan of the City of Baldwin Park. NOTE: Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Park and the Southern California Edison property. 09 -02 -99 -4- n``a, FINDINGS OF FACT ZV -647 & Z- 509 -440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -610 & ZV- 648 --- Barnes Park That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the 1- 605 freeway and the 1 -10 /1 -605 interchange and 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to Y passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1 -10/1 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -511 & ZV -649- -SCE Right-of-Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways,. and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. f 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 163.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property.. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per projector $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will. be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. dW__ 8820 Sunset Btvd. • 2nd Floor • Los Angetes, CA • 90069 TO (310) 657 -8883 • Fax (31€3) 657 -8073 c l_ Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two J3. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. V4. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project, 2) the approval by the City of building permits for a project, and 3) the actual initiation of construction of a project (the erection of buildings). J6. That no objectionable copy will be displayed on structures. Objectionable copy will include, but n tobacco products, strip clubs, shopping centers in other cities, big box stores in other cities, etc. objectionable by a majority vote of the City Council, the City. any of the outdoor advertising of be limited to, advertising for other cities, auto dealerships in If any copy is found to be it will be removed at no cost to 17. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 -906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, I. Drake Kenn dy President ds Enclosures 6 8820 Sunset Blvd. • 2nd ROOT • Las Angeles, CA . 90€769 Tel (310) 657 -8883 • Fax (310) ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM IC TO IC (0) ON APPROXIMATELY 20 FEET OF FREEWAY FRONTAGE OF THE SUBJECT PROPERTY (APPLICANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; CASE NO.: Z- 513). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin park does hereby find, determine and declare as follows: a) That the owner of certain real property filed an application for a change of zone from IC, Industrial Commercial to IC (0), industrial Commercial Sierra Vista Overlay for real property located at 13329 Garvey Avenue, described more particularly in the said application which is on file in the office of the Secretary of the Planning Commission of the City; and b) That pursuant to the applicable provisions of the Planning and Zoning Law (Sections 658000 et seq. Of the Government Code of the state of California) studies were commenced for the purposes of amending the Zoning Map of the City of Baldwin Park; and C) That a duly noticed public haring was held upon said matter by the Planning Commission, and based upon the evidence presented, it was determined that the public necessity, convenience, and general welfare warranted that it recommended approval of the reclassification to IC (0); and d) That the City Council conducted a duly noticed public hearing on said matter and based upon each member of the Council being familiar with the site it was determined that the public interest, necessity, convenience and general welfare warrant the change in zone classification, herein described. SECTION 2. That notwithstanding the provisions of Sections 153.630 - 153.646 of the Baldwin Park Municipal Code, the Zoning Classification of the property be and is hereby reclassified from IC to zone IC (0). SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed negative Declaration of Environmental Impact, and comments relating thereto. That the City Council, based on its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. PASSED AND APPROVED ON THE 17t`' of MAY, 2000 MANUEL LOZANO, MAYOR Ordinance 1160 May 17, 2000 Page 2 ATTEST: KATHRYN TIZCARENO, CITY CLERK . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } CITY OF BAL ©WIN PARK ) I, KATHRYN TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon it's first reading at a regular meting of the City Council on May 17, 2000. That there after said Ordinance was duly approved and adopted at a regular meeting of the City Council on , 2000 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: KATHRYN TIZCARENO, CITY CLERK Kathryn V. Tiacareno City Clerk May 30, 2000 Ms. Robyn Spearman Legal Publications San Gabriel Valley Tribune 1210 N. Azusa Canyon Rd. West Covina, CA 91790 Dear Robyn: VIA FACSIMILE Please publish the attached summary of proposed Ordinance No. 1160, on Friday, Jane 2, 2000. Upon completion, please forward two copies of the proof of publication to my attention. Si frr I. Ramirez Clerk ITY OF BALDWIN PARK -14403 FAST PACE Ftf AVFnIIr -RAIFI IK: 71nnV.n,_-1,,, � „� CITY OF BALDWIN PARK SUMMARY OF PROPOSED ORDINANCE NO. 1160 APPROVING A ZONE CHANGE FROM IC TO IC(0), CASE NO. Z -513 At their meeting held May 17, 2000, the Baldwin Park City Council conducted a public hearing and introduced for first reading, proposed Ordinance No. 1160. The City Council will consider adoption of said ordinance at their meeting to be meld June 7, 2000 at 7:00 p.m. The proposed Ordinance will amend Seci Municipal Code, whereby reclassifying the property situated approximately 20 feet of Avenue. ions 153.630 - 153.646 of the Baldwin Park Zoning Code from IC to IC(0) for a certain freeway frontage located at 13329 Garvey A complete copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Baldwin Park at 14403 E. Pacific Avenue, Baldwin Park, California. Dated this 30th day of May, 2000 Published: SGVT June 2, 2000 1 CITY OF BALDWIN PARK MEMORANDUM TO: Dayle Keller, CEO - FROM. Rick Forintos, Interim Community Development Direc r DATE: May 15, 2000 SUBJECT: Listed Agenda Items —May 17, 2000 Council Meeting Attached is a memorandum from Amy Harbin, Principal Planner regarding the posted agenda for the next City Council meeting on May 17, 2000. Amy obviously has some concerns regarding the wording on the agenda and would like to clarify those concerns. Please forward this memorandum and Amy's memorandum to the City Council in their packet that is scheduled to be delivered tomorrow morning. Thank, you. Iql, CITY OF BALDWIN PARK MEMORANDUM BALDwIN P - A - K - K TO: Rick Forintos, Interim Community Development Director FROM: Amy Harbin, Principal 44-1 DATE: May 15, 2000 SUBJECT: Items Listed on the City Council Agenda for May 17, 2000 After reviewing. the City Council Agenda for May 17, 2000, 1 would like to clarify some items that maybe misunderstood. Item 213; Z -513 and ZV -655 Item 2C; Z -514 and ZV -656 Item 2E; Z -516 and ZV -658 Item 2F; Z -517 and ZV -659 Under each of these public hearing items there is a recommendation that the Council conduct the public hearing, and introduce for first reading, waiving further reading, read by title only, and approve the respective ordinance.... After I read this I was stunned as at no time does my staff report recommend that the City Council approve the zone change or recommend that the City Council overturn the Planning Commission's decision to deny the zone variance. In doing reports for the City Council, both the ordinances and resolutions need to be completed ahead of time. In these cases each staff report should have had three (3) resolutions and one (1) ordinance attached (1 ordinance approving the change of zone, 1 resolution denying the change of zone, 1 resolution approving the zone variances, and 1 resolution denying the zone variances). However, due to the limited time in which to complete the six reports, I was unable to complete all of the paperwork. I asked Rosemary, Deputy City Clerk which documents were most important and she replied that I should try to complete the ordinances to attach to the staff reports, which I did. Both Rosemary and I spoke with John Olvera regardinq this situation and he came to the conclusion that the recommendation on the agenda should not be a problem as long as in my, verbal re ort'to the City Council I make it perfectly clear that staff and the Planning Commission are recommending that the City Council deny the zone change and deny the appeal-on the variances and that the resolutions pertaining to those denials will be available at the next Council meeting. Otherwise if the Council wishes to approve the zone change, they may read the title on the agenda. I have been assured by both Rosemary and John that doing it this way should not be a problem. CITY COUNCIL AGENDA MAY 1 7 2000 CITY OF BALDWIN PARK STAFF R6NF CO- BALDWIN TO: Mayor and Councilmembers FROM: Rick Forintos 3 "J y Interim Community Development DirectorQ DATE: May 17, 2000 SUBJECT: Case Numbers: Z -514 & ZV -656; Request: A Zone Change to allow the creation of an Outdoor Advertising Display District (0) Zoning designation on a property located on Dalewood Street, adjacent to the 1 -10, San Bernardino Freeway and an appeal of the Planning Commission's decision to deny a zone variance to allow the billboard to exceed the maximum height, sign face area, and to allow less than the minimum required front yard area; Location: Vacant property on Dalewood Street, south of the 1 -10 Freeway adjacent to the Southern California Edison Right -of -way (APN 8564 - 003 -002); Applicant: Ken Spiker & Associates representing Regency Outdoor Advertising: PURPOSE This report requests Council's consideration of the Planning Commission's recommendation relating to a request for a zone change from OI to 01 (0) which would allow the construction of one outdoor advertising structure (billboard) along the 1 -10 on the property currently which is currently vacant and an appeal of the Planning Commission's decision to deny a zone variances requesting the billboard exceed the maximum allowable height, sign face area and to have less than the minimum required front yard area for an 01 zoned lot. BACKGROUND Zone change and zone variance applications have been filed by Regency Outdoor Advertising (Regency) to construct one (1) double -faced billboard signs within the Sierra Vista Redevelopment Project Area. The subject property contains approximately 74,920 square feet (1.71 acres) and is located on Dalewood Street, south of the 1 -10, San Bernardino Freeway, adjacent to the Southern California Edison Right -of -way. The property's General Plan Land Use designation is Office Industrial; the property is zoned OI, Office Industrial. This item originally came before the Planning Commission at their April 24, 2000 meeting. As the Council is aware, in the case of zone changes, the Planning Commission conducts a public hearing and at the conclusion makes a recommendation to the City Council pursuant to Section 153.637 of the City's Municipal Code. At the April 24, 2000 meeting, the Commission voted 4 -1 to recommend that the City Council deny the applicant's request to change the zone from 01 to OI (0). (Refer to section entitled 'Planning Commissioner's Comments.) Z -514 & ZV -656 May 17, 2000 Page 2 Section 153.395(A) of the City's Zoning Code allows billboard signs to be constructed on any property located within an Outdoor Advertising District (0) Overlay Zone. Currently, such districts only exist along Arrow Highway, a short segment of Ramona Boulevard in the Auction Village area, and within the past year, along segments of the 1 -605, San Gabriel River Freeway and small portion of the 1 -10 San Bernardino Freeway between the western boundary of the 1 -1011 -605 interchange to the western City limits (see attached Exhibit "D "). Within (0) Overlay Districts, billboard signs are considered permitted uses and do not require Planning Commission approval to install as long as they comply with the development standards (i.e. yard areas, maximum height, maximum sign face area, etc.) listed in Section 153.395(B) of the Code. The California Business and Professions Code — Outdoor Advertising Act — contains further regulations applicable to the construction and maintenance of billboards along interstate highways (i.e. 1 -10 and 1 -605). Section 5402 of the Business and Professions Code requires permits to be obtained through CalTrans before billboards can be installed along a freeway. Furthermore, State standards prohibit obscene, indecent or immoral images from being displayed on billboards as well as displays that distract or confuse motorists. DISCUSSION - APPLICANT'S PROPOSAL Applicant's request consists of two parts: 1) a zone change to apply the (0) Overlay Zone to the freeway frontage portion of this particular property from 01 to Ol (0); and 2) a zone variance to allow the proposed billboard sign to exceed the maximum height (from 40' to 50'), exceed the sign face area (from 600 sq. ft. to 800 sq, ft.) and encroach into the front yard setback (15' to 10'). In return for the requested zoning approvals, the applicant has offered to enter into an agreement with the City wherein the applicant would agree to the following terms: a. That the term of the approvals shall be twenty (20) years; and b. That a one -time payment of $100,000 for the two -faced outdoor advertising structure shall be paid to the City immediately prior to the issuance of the building permit; and c. That no objectionable copy will be displayed such as advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc.; and d. That due to the difficulty of defining all objectionable advertising in writing, the applicant will agree that any copy determined objectionable by the City will be removed within seventy -two hours of receipt of a request by the City; and e. That the City of Baldwin Park will be provided outdoor advertising space (one face) for thirty (30) days each year on one of the approved structures. The City will specify one year in advance which structure is desired and the time of the year the space is needed, and the City will specify the copy desired sixty days in advance of its being displayed. Copy desired by the City will be designated and produced by the applicant and will be installed and de- installed at no cost to the City. A:12-514CC -doc Z -594 & Zv -656 May 17, 2000 Page 3 That it would be assumed by both the Developer and the City that the billboard and its use have no value to the property owner or the developer and if, a redevelopment project is initiated on the site where the structure is located. The appraisal of the sites where the outdoor advertising structure is located will not include improvement value based on the existence of the billboard. The Developer would agree that no payment will be made to either the Developer or the property owner by the Redevelopment Agency for any billboard or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. g. The Developer agrees that any outdoor advertising structure that is required to be relocated due to a conflict with a redevelopment project will be done at no cost to the City or the Redevelopment Agency not later than 30 days following the initiation of a redevelopment project on the site. Any site that requires relocation of the outdoor advertising structure will be selected jointly by the City and the Developer. The Developer further agrees that any outdoor advertising structure that requires relocation will be relocated to a site adjacent t0 the 1 -10 Freeway. -ZONE CHANGE Billboards are a legitimate land use regulated by state law and local ordinances. They can also be a very controversial land use in some communities. The following list summarizes of the pros and cons of billboards: Arguments Against Billboards: • Billboards are viewed by many people as "visual clutter ". To those who share this belief, the proposed billboards could damage the visual image of Baldwin Park along the 1 -10 San Bernardino Freeway especially at this location at the `western gateway' to the City. • They can be counter - productive to improving the image of the City. • A poor image can negatively impact the attraction of certain types of businesses to the City and/or developers proposing new projects along the 1 -10 Freeway. Arguments in Favor of Billboards: • They can be an additional source of revenues to a City. • They can be used as an economic development tool by providing advertising opportunities for businesses within the City. • They require little to no demand on city services. Most of the arguments against billboards focus around aesthetic issues and are highly subjective. While many communities ban new billboards and aggressively work to abate existing ones, other communities have no problems with them. It is up to individual communities to adopt standards that reflect the values of their respective communities, As the Councilmembers can see from the brief survey staff took of cities along both the 1 -605 band 1 -10 Freeway, very few cities permit billboards along their freeway corridors, particularly the 1 -10 Freeway. (Reference Exhibit 'E') AAA- 614cc.doc Z -614 & ZV -656 May 17, 2000 Page 4 Furthermore, although the City's current General Plan does not specifically address the issues of billboards, staff is of the opinion that any proposed construction should be reviewed on a case -by- case basis to determine the impact upon the City as each particular property has different characteristics and circumstances. -ZONE VARIANCES - -- This art of the re guest will be moot should Council ultimately den the zone change. The zone variances are being requested to exceed the maximum height, sign face area and front yard setback for the proposed billboard. Currently the Code allows a maximum height of 40 feet for a billboard, irregardless of where the proposed billboard is located (Arrow Highway, Ramona Boulevard, 1 -605 Freeway). As for the sign face area, the Code restricts the sign face area of a billboard to 600 square feet per side. Both of these City Code requirements relating to billboard height and sign face area were adopted in April 1969 and subsequently amended November 1970 after the then City Council imposed a moratorium due to the lack of specificity in the newly adopted regulations. The front yard setback (15') was adopted in 1986, when the then Council and Redevelopment Agency adopted the Sierra Vista Redevelopment Project Area and amended the City's Zoning Code. Staff is of the opinion that the variances are not necessary as stated in the findings of fact as there are no other properties along the 1 -10 freeway within the area bounded by the eastern boundary of the 1 -605 freeway and the western boundary of the Baldwin Park Boulevard vehicular overpass that have been granted an (0) Overlay zone enabling the construction of a billboard that meets the current zoning code requirements (reference Finding #2). Furthermore, the requested variances could adversely affect the current General Plan in that the billboard, if approved with the variances, may not be considered an improvement of the San Bernardino Freeway (reference Finding 1#4). - REDEVELOPMENT ISSUES As the Councilmembers are aware, this particular property is located within the Sierra Vista Redevelopment Project Area. There has been substantial interest in the redevelopment of this portion of the project area, along the freeway, from Puente Avenue, west to the 1 -605 Interchange, by various Developers. This particular property, however, has been vacant for numerous years. Several years ago, the then Community Development Director on the behalf of the Redevelopment Agency hired GRC Associates, Inc. to study both the Sierra Vista and Puente Merced Redevelopment Project Areas which are adjacent to the 1 -10 San Bernardino Freeway and assess those areas for future development potential. As part of the economic development planning process for the study area, sessions were held with Agency Board Members, Planning Commissioners, members of the Project Area Committee (PAC), landowners and business owners within the area, and City staff. At these sessions, discussion focused on the ability of the Agency to raise revenue, improve infrastructure and make Baldwin Park more attractive to new and existing development and business. Furthermore, the Strategy includes a work plan which can be utilized as a guide to economic development efforts over the next twenty (20) years. However as with strategies and plans of this nature, they should be revisited, especially with significant changes in the economy, retailing, and changes affecting the workforce (i.e. technological advances). According to the strategy... "The City of Baldwin Park is in a position to engage its residents and businesses in a collective effort to promote economic growth within the community. With careful AAZ- 514cc.doc Z -514 & ZV -656 May 17, 2000 Page 5 planning and thoughtful review the community will be able to attract private investment, expand its business base, raise property values and improve the quality of life within the community." According to the Sierra Vista /Puente Merced Freeway Corridor Economic Development Strategy this property, along with five adjacent (5) others, are categorized as a parcel that could be developed with housing. According to the Study, if this property were developed with housing, it could provide as a catalyst for neighborhood preservation efforts within the adjacent neighborhood, which includes both multi - family and single - family residences. Although, the property is currently zoned 01, Office Industrial, the City, through the Draft General Plan process (community meetings and General Plan Vision Committee Meetings), is proposing that the property be rezoned R -1, single - family residential (a zoning designation that for several years the current property owner has requested his property be changed to). Staff is of the opinion that the potential rezoning of the property to R -1, single - family residential appears significantly more feasible than the current zoning (01) due primarily to the lack of infrastructure that an industrial development consistent with the OI zone needs. Finally, this area may be affected by future CalTrans projects for widening the freeway. Furthermore, Staff is concerned that if the zone change is approved allowing the billboard, and the property is subsequently be rezoned from OI to R -1 through the General Plan process, the City /Agency then would ultimately be responsible finding a suitable location (subject to approval by the Developer) along the 1 -10 Freeway for the relocation of the billboard. - EXISTING BILLBOARDS -- HISTORY The two primary areas in the City that have the (0) Overlay Zoning designation are Arrow Highway between Baldwin Park Boulevard and Azusa Canyon Road and Ramona Boulevard north of Badillo Avenue. Within these areas there are a total of twelve (12) existing billboards. As the Council is aware, nine (9) billboards were recently approved (zone changes and zone variances) in 1999. These billboards are located in Barnes Park (3), Cloverleaf Business Park (3), and the SCE Right - of -Way along the western boundary of the City. The analysis staff did on each of the entitlements and the determination of the Council was that the proposed billboards would be consistent with the development (existing and future) of these areas. Cloverleaf Business Park (Delta Redevelopment Project Area) was already completely redeveloped and the SCE Right -of -Way property was found to have very little development potential. In addition, the general location of all of the approved billboards was off of the 1 -605 Freeway. This area is not considered to be a major entrance into the City and therefore was found to be less of a negative visual impact on the area. - PLANNING COMMISSIONER'S COMMENTS At their meeting on April 26, 2000, a majority of the Commissioner's expressed concern regarding the proposed billboards. Several Commissioners were of the opinion that this portion of the 1 -10 Freeway is the 'gateway' through the City as several thousand cars pass along on this thoroughfare daily. Furthermore, they stated that the image of the City from this portion of the 1 -10 Freeway needs substantial improvement and that a proposed billboard may not improve the image of the City. Additionally, one Commissioner voiced an opinion stating that the revenue generated from the billboards could be beneficial to the City. For example, such funds could be utilized to subsidize scholarships to needy children enabling their participation in the City sports and recreation programs. AAZ- 514cc.doc Z -514 & ZV -656 May 17, 2000 Page 6 The Planning Commission voted 4 to 1 to recommend denial on the proposed .zone change to the City Council and denied the zone variances as well. RECOMMENDATION Staff and the Planning Commission recommend that the City Council: 1) deny the zone change; and 2) deny the zone variances if the Council finds that the installation of the proposed billboard may result in the impairment of future development of the subject site. FINDINGS OF FACT — ZONE VARIANCE That there are no exceptional or extraordinary circumstances or conditions applicable to this property. The requested sign variances only enable the Applicant to construct `industry standard' signs as opposed to designing and constructing a sign to meet the current Code requirements. Furthermore, the geographical constraints (Baldwin Park Boulevard vehicular overpass) surrounding the site may pose a hardship, however, vehicles traveling will be able to eventually see the proposed billboard perhaps at a closer range; and That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway-between the eastern boundary of the 1 -605 freeway and the west boundary of the Baldwin Parr Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted the ability to have an (0) Overlay zone and within that parameter construct a legal outdoor advertising structure by the City; and 3. That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the City Council has determined that the proposed billboard on this property are visually offensive and are not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass; and 4. That approval of the requested variances could adversely affect the General Plan. General Plan Land Use Policy 1.5 states that the City should `continue to improve the San Bernardino Freeway Corridor for commercial opportunities'. Although the requested variances are moot should the zone change be denied, if approved, the construction of the billboard could have a long -term negative impact upon how future developers view the developability of this lot. ATTACHMENTS: Exhibit "A" dated May 17, 2000 - Exhibit "B ", Existing Zoning - Exhibit "C" Proposed Zoning - Exhibit "D" Existing Billboard Locations Exhibit "E" 1 -10 Billboard Survey Exhibit "F" Development Agreement AAZ-614cc.doc Z -514 & ZV -656 May 17, 2000 Page 7 - Planning Commission Resolution 00 -11 - Environmental Data - Application Forms and Statements - Ordinance 1161 REPORT PREPARED BY: Amy L. Harbin, Principal Plann r A:IZ- 514cc.d oc mid fm =l jo 843 =ilnn C7 4w J Z o co a �m � 3 iT I 0a aia w� I C) 0 0 6 �..._ y nNAlfa a_r a , 1 u, _ Z O m ? p O g z v~r C n� ° < O y s Q W 0 � O �y �a gJm� {' nmv w z4 SOzp (/j a LLJ w w 0, 8 Q O z O W w O 7 Q ILo 0z a K 0 Q Z Ir eGarnC7 �ww w mLu lu W z r cr N 0 w 0 a M 0 m ff rn r w mU w w 2 ww X � a 7 U00 La o 2 �Om QF-O 0 F` 12755 � 12757 � 17715 � 72793 72905 12911 12921 14, ® Su bi ect Property ' Vicionity City of Batdwin Park PLAN I Fill DIVISION Exhibit "B" Existing .Zoning sd ; CASE NO: Z -514 and ZV -656 ADDRESS: Dalewood Street, adjacent to Soathem California Edison (APN: 8564.003.002) Not to Scale 3102 � % f t?9ti ail f 12MS ?292'1 12162 12766 / 42776 12M3 � 1278 3023 1 W37 1?B19 1X!55 � 12767 � 12775 i 12793 [!� Sub ®wct Proprnkr I Y I'M ) I m PLANNING Vicinity- ©IvISiot� Main Exhibit 6'C" N Proposed Zoning CASE NO: Z -514 and ZV -656 ADDRESS: Dalewood Street, adjacent to Southern California Edison (APN: 8564 - 003 -002) Not to Scale City of Baldwin Park Exhibit "D'" LEGEND Existing Billboards 1. Eller 2, Eller 3, outdoor Systems 4. Vista Media 5, unknown 6, unknown 7. Eller 8. Outdoor Systems 9. vista Medla 10. Eiler 11. Eller 12, Outdoor Systems 13. Martin* 14 Ken Spiker & Associates 15. Ken Spiker & Associates 16. Ken Spiker & Associates 17. Ken Spiker & Associates 18. Ken Spiker & Associates 19. Ken Spiker & Associates 20. Ken Spiker & Associates 21, Ken Spiker & Associates 22. Ken Spiker & Associates Proposed Billboards 23, Ken Spiker & Associates 24. Ken Spiker & Associates 25. Ken Spiker & Associates 26, Ken Spiker & Associate 27. Ken Spiker & Associates 28. Ken Spiker & Associate �nrrrrrsr�r�rr_ P Ad, FOE 4, !i Wa�nu2 Cr ® ®�c wpb•• � i i � f w. 1 i 1 i 1 Oak Aw_ Los AnaNes Sr. Vs [larrytgraphiics`ma m\Blllboa rdl.ocathoris'Ma p) V 1 p w I�' � � Rxmone 83vd 1 _ l � mss a c .'l eq �e \ I 1 Vs [larrytgraphiics`ma m\Blllboa rdl.ocathoris'Ma p) Exhibit "E" 1-10 & 1 -605 Billboard Survey The following table shows the response to the survey on cities along the 1 -10 and the 1 -605 Freeway that allow Billboards. Surveyed Cities along the 1 -605 Freeway Pico Rivera No Whittier No Santa Fe Springs Yes Downey Yes Norwalk Yes Belfflower Yes Cerritos No Hawaiian Gardens Yes Surveyed Cities along the 1 -10 Freeway Monterey Park No Alhambra No San Gabriel No Rosemead No El Monte Yes West Covina No San Dimas No Pomona No Claremont No RECORDING REQUESTED BY: RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City of Baldwin Park WHEN RECORDED, MAIL TO: City Clerk City of Baldwin Park, California DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. DATE ADOPTED: Exhibi+ ' 4:10' TABLE OF CONTENTS Page RECITALS........................... ............................... I AGREEMENT ........................ ............................... 7 Section 1. Obligations of or Contributions by Developer ..................... 7 A. Timing of Development ....... ............................... 7 B. Payment of Fees 7 C. Hold Harmless ............. ............................... 7 D. Equal Opportunity ........... ............................... 8 E. Public Service Advertisement Space ............................ 9 Section 11. Project Development ........ ............................... 10 A. Entitlement to Develop ...... ............................... 10 B. Permitted Density, Height and Uses ............................ 10 1. Surface Area ......... ............................... 10 2. Design of New Structures .............................. 10 3. Repair and Maintenance ............................... 10 4. Advertising .......... ............................... 10 C. Ministerial Approvals ....... ............................... 12 D. Rules, Regulations and Official Policies ........................ 12 1. Applicable Rules ..................................... 12 2. Conflicting Enactments . ............................... 13 3. Moratorium .......... ............................... 13 E. Permitted Conditions and Fees . ............................... 13 F. Timing of Development .................... a ................ 14' G. Vesting of Developer's Rights ................... . ............ 14 Section III. Cooperation/Implementation .. ............................... 14 A. No Inconsistent Actions ...... ............................... 14 B. Further Assurances; Covenant to Sign Documents ................. 14 C. State, Federal or Case Law ... ............................... 15 D. Other Governmental Bodies ... ............................... 15 E. Cooperation in the Event of Legal Challenge ..................... 15 Section IV. General Provisions .......... ............................... 16 A. Covenants Run with the Land . ............................... 17 B. Transfers and Assignments ................................... 17 C. Statement of Compliance ...... ............................... 18 D. Default...... ............. ............................... 18 E. Default by City ............ ............................... 19 F. Legal Action .............. ............................... 19 G. Waiver; Remedies Cumulative .. I ............... I . , ........... 19 H. Future Litigation Expenses ... ............................... 20 1. Payment to Prevailing Party ............................ 20 2. Scope of Fees ........ ............................... 21 I. Effective Date and Term ..... ............................... 21- J. Supersedure by Subsequent Laws ............................. 22 K. Amendment of Agreement ................................... 23 L. Operating Memoranda ....... ............................... 23 Section V. Miscellaneous ............. ............................... 23 A. Negation of Partnership ...... ............................... 23 B. No Third Party Beneficiary ... ............................... 24 C. Entire Agreement ........... ............................... 24 D. Severability ............... ............................... 24 E. Construction of Agreement .................................. 25 F. Section Headings .......................................... 25 G. Applicable Law ........................................ 25 H. Notices .................. ............................... 25 1. Time is of the Essence ...................................... 26 J. Recordation ............... ............................... 26 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. THIS DEVELOPMENT AGREEMENT ( "Agreement") is made and entered in the City of Baldwin Park, County of Los Angeles, on this _ day of _ 2000, by and between the City of Baldwin Park (hereinafter referred to as "City "), and KEN SPIKER AND ASSOCIATES, INC., a California corporation (hereinafter referred to as "Developer "). WITNESSETH: WHEREAS, City's Zoning Code, Section 153.395 (hereinafter referred to as the "Zoning Code ") regulates the construction of "Off-Site Outdoor Advertising Structures" (as defined in the Ordinance) to protect the quality and character of the visual environment of the community; to provide adequate opportunities for applicants to construct Off -Site Outdoor Advertising Structures as permitted the Zoning Code; and to enhance the local and regional economy by providing for Off -Site Outdoor Advertising Structures that may identify and promote businesses and organizations within the City and region; and WHEREAS, the Zoning Code allows an applicant to construct outdoor advertising structures upon properties designated as Outdoor Advertising District ( O) overlay zones; and WHEREAS, California Government Code sections 65864 through 65869.5 were enacted authorizing local agencies to enter into binding development agreements wi persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Developer, its assignees or successors in interest, has a legal or equitable interest or seeks an interest in six (6) locations on real property within City, more particularly described in Exhibits "A -1" through "A -6 ", attached hereto and incorporated herein by this reference (hereinafter referred to individually as a "Property" or collectively as the "Properties "); and WHEREAS, Developer, its assignees or successors in interest, proposes to construct six (6) new Off -Site Outdoor Advertising Structures (hereinafter referred to collectively as "New Structures ") on the Properties. The New Structures shall be located as follows: structure at 13329 Garvey Avenue 1 structure at Dalewood Street adjacent to the Southern California Edison property structure at 12911 -12921 Garvey Avenue 1 structure at 843 Frazier Street 1 structure at 1211 Baldwin Park Boulevard 1 structure at. 12999 Garvey Avenue; and WHEREAS, Developer has requested City to enter into a development agreement pursuant to Government Code sections 65864, et seg., in order to set forth and define the terms and conditions for the construction of the New Structure; and WHEREAS, in consideration for this Agreement, Developer has agreed to pay %a certain fees for the New Structure as defined herein; and WHEREAS, in consideration for this Agreement, Developer has agreed to make the New Structures available for public service announcements; and WHEREAS, in consideration for this Agreement, Developer has agreed to promote City businesses; and WHEREAS, in light of the substantial commitments agreed to by Developer pursuant to this Agreement, City desires to give Developer assurance that Developer can proceed with construction of the New Structures subject to the "Applicable Rules" (as hereinafter defined) for the term of this Agreement; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and its Council, and have been found to be fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation; and WHEREAS, the City Council has found that this Agreement, and construction of _ the New Structures on the Properties pursuant hereto, is consistent with City's general Ply any applicable specific plan, and the Applicable Rules and that there are no Applicable Rules that would prohibit or prevent construction of the New Structures on the Properties under this Agreement; and WHEREAS, City has made the following findings under its police and regulatory powers: (1) The New Structures will be located only within eligible areas; 3 (2) The New Structures are designed to be viewed primarily from a freeway or expressway; (3) The New Structures will not be constructed adjacent to and are not designated to be viewed primarily from an arterial or surface street within City; (4) The New Structures will be located within an Outdoor Advertising. District ( O) Overlay zoning district; (5) This Agreement constitutes a written agreement with City concerning Developer's obligations to construct and maintain the New Structures; (6) The New Strictures will not be located within: (i) a distance of ninety (90) feet from any property or premises containing a school, church or similar place of worship; and ........ ........ a distance of five hundred (500) feet from any other Off -Site Advertising Structure located on the same side of the freeway or expressway; (7) The New Structures will not be placed, in total or in part, upon the roof or parapet of any structure or located on any wall nor will the New Structures project, over any public right -of -way; (8) The maximum height of any billboard, poster, painting or advertisement included within the New Structure will not exceed seventy -five (75) feet; (9) The surface area of each billboard face, poster, printing or advertisement included within the New Structures shall not exceed eight hundred (800 square feet; in the event that any of these New Structures is a back -to -back or v -type of 4 Off -Site Outdoor Advertising Structure, the surface area of each billboard face, poster, printing or advertisement included within these New Structures shall not exceed eight hundred (840) square feet, excluding cutouts and extensions; (10) There shall be no more than two billboard faces for each of the New Structures upon which advertisements may be posted; (11) The New Structures will not endanger the health and safety of operators or motor vehicles through the use of motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause significant distractions. However, the New Structures shall be permitted to have standard lighting for its advertisements; and (12) Developer will provide City with written evidence that it has obtained all necessary permits for the construction of the New Structures from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code section 5204, et seq.; and WHEREAS, pursuant to Section 153.395(A) of the City Zoning Ordinance, City has made the following findings under its police and regulatory powers: (1) the New Structures at the particular locations of the Properties will contribute to the general well being of the neighborhood or community; (2) the New Structures will not, under the circumstances of this particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity of the Properties or detrimental to the use, valuation or 5 enjoyment of property or improvements in the vicinity of the Properties; (3) the Properties are of adequate topography, size and shape to accommodate the New Structures, as well a all yards, spaces, walls, fences, parking, loading, landscaping, and other features necessary to allow the New Structures with the land and uses in the neighborhood and to make it compatible thereto; (4) the Properties abut streets and highways adequate in width and improvements to carry traffic generations typical of Off -Site Outdoor Advertising Structures; and (S) the approval of the New Structures will not adversely affect the General Plan of City, or any other adopted plan of City and conforms to the provisions of the City Zoning Ordinance; and WHEREAS, City has prepared an Initial Study pursuant to the California Environmental Quality Act (Public Resource Code §§ 21000, et se ( "CEQA" ). Based on the Initial Study, City has prepared, posted, circulated and, on , adopted a negative declaration which confirms that construction of the New Structures as described below, in accordance with this Agreement would not have a potential for any significant environmental impacts. As each phase, as defined below, is presented to the City for approval, the City, at that time, shall review the subsequent phase for its compliance with CEQA; and WHEREAS, on April 26, 2000, the Planning Commission conducted a duly noticed public hearing on Developer's proposal to construct the New Structure; and M WHEREAS, on , after conducting a duly noticed public hearing; the City Council of City adopted Ordinance Number , approving this Agreement with Developer. AGREEMENT NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: Section 1. Obligations of or Contributions by Develo er. In consideration of City entering into this Agreement, Developer agrees to perform certain obligations in connection with the construction of the New Structures, which will have an overall benefit to City, These obligations include: A. Timiniz of Development. As of the "Effective Date (as hereinafter defined), Developer shall be entitled to building permits for the six (6) New Structures at the general locations designated in Exhibit "B -1 V. B. Payment _of Fees. Developer shall pay the following fees to City: 1. A one -time fee of one hundred thousand dollars ($100,000) for each New Structure, payable upon the issuance of a building permit for each New Structure for a total of six hundred thousand dollars ($600,000), 2. Developer shall pay City's normal business license fees and processing fees then in effect for building permits issued in accordance with the terms of this Agreement. 7 C. Hold Harmless. Developer agrees to indemnify City, and any of its officers, employees or agents, and hold City, and any of its officers, employees or agents thereof, harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of City), and for injury or damage to or destruction of property (including property of City), resulting from any and all actions or omissions of Developer's employees, agents or invitees, or any of its subcontractors or any of such subcontractor's employees, agents or invitees pursuant to this Agreement, notwithstanding that the claims, liabilities, obligations, and causes of action may have been partially caused by City, or its officers', agents' or employees' activities or possible negligence. In accordance with Section 1II.E. below, Developer also agrees to indemnify and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of this Agreement, D. Equal Opportunity 1. By signing this Agreement, Developer certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Government Code section 12940, in connection with employment, upgrading, promotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Developer agrees that it will comply with the affirmative action guidelines adopted by City. 2. Developer agrees that it shall, in all solicitations or advertisement for employees for any work covered by this Agreement, placed by, or on behalf of, Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, martial status, national origin, or ancestry. 3. Developer agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. Noncompliance with the affimative action program will constitute a breach of the terms of this Agreement. E. Public Service Advertisement Space. As described below, Developer shall post public service announcements on behalf of the City, or at the direction and sole discretion of the City, on two faces, for each of the three phases of the project, for thirty (30) days each year on an annual basis. Developer shall post public service and other non - commercial displays related to City issues or events (other than political campaigns) or commercial displays at the request of the City, on the New Structures on a space available basis. City, one year prior to posting, shall determine and notify Developer when and on which of the New Structures the public service announcements will be posted. Developer shall not charge rent for such City posting time. Developer shall be 9 responsible for the cost of producing such public service announcements. Section II. Project Development A. Entitlement to Develop. City hereby grants Developer the right to construct six (6) New Structures on each of the locations, subject to the conditions imposed by this Agreement and in accordance with the Applicable Rules. In granting the right for the Developer to construct New Structures on property owned by the City, the City also grants Developer access to the City's property for purposes of constructing the New Structures pursuant to the terms contained in this Agreement. B. Permitted Densi1y, Height and Uses. The permitted uses, the density or intensity of use, the maximum height and size of proposed structures, and provisions for reservation or dedication of land for public purposes shall be those set forth in this Agreement and the Applicable Rules. 1. Surface Area. The surface area of each billboard face, poster, printing or advertisement included within the New Structures, excluding cut -outs and extensions, shall not exceed 800 square feet. 2. Design of New Structures. Except as hereinafter provided, the New Structures shall be of a single pole design. The construction of the New Structures shall be substantially as depicted on the site plans for each. 3. Repair and Maintenance. Developer shall keep the New Structures clean, graffiti free, and in good repair. Developer may replace the New Structures as appropriate, in its sole discretion. 10 4. Advertisins. No advertisement on any New Structure built under this Agreement shall be displayed which would be indecent or obscene, including but not limited to advertisements for adult cabarets, bars, clubs or other establishments. Should the Director of Community Development, after consultation with the City Attorney, and in their reasonable discretion, determine that any advertising on any New Structure is indecent or obscene, City may, in exercise of City's police and regulatory powers, serve written notice upon Developer requiring the removal of such advertising pursuant to this paragraph. Developer shall remove all such advertising within three business days after City serves such notice. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. No advertisement on any New Structure shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device, including, but not limited to, words such as "Stop," "Look," "Drive -In," or "Danger." No New Structure shall display any tobacco advertisement where the tobacco product is the subject of the advertisement, but it shall be permissible when a tobacco advertisement is in conjunction with a sporting or community event. Additionally, Developer shall not advertise or display any copy promoting shopping centers in other cities, auto dealerships in other cities, or "big box" retail units in other cities. Should Developer fail to comply with the provisions of this paragraph, the Director of Community Development, after consultation with the City Attorney, may 11 serve written notice upon Developer requiring removal of the alleged improper advertisement. Developer shall remove all such advertising within three business days after City serves such notice. In the event that the alleged improper advertisement is not corrected within three (3) business days after the notice is served on Developer, Developer shall pay a fine of five hundred dollars ($500.00) for each day the alleged improper advertisement continues to be displayed. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. C. Ministerial Approvals. Developer shall obtain from City a separate building permit for each New Structure built, and each such permit shall be valid only for the particular location specified therein. Each application for a building permit shall conform to the Applicable Rules. In addition, each application for a building permit to install a New Structure shall be accompanied by evidence of a California Department of Transportation ofd site advertising permit. City will use its best efforts to expedite the processing of Developer's applications to build the New Structures. D. Rules_, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and construction standards and specifications applicable to the development of the Properties shall be those rules, regulations and official policies in force at the time of the Effective Date (hereinafter 12 referred to collectively as the "Applicable Rules "). 2. Conflictiniz Enactments, Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building regulation adopted or becoming effective after the Effective Date of this Agreement, which would, absent this Agreement, otherwise be applicable to the construction, maintenance and/or use of the New Structures by Developer and which would conflict in any way with or be more restrictive than the Applicable Rules, shall not be applied by City to the New Structures. The parties acknowledge and agree that any such subsequent conflicting enactment may apply to any existing Off-Site Outdoor Advertising Structures, other than the New Structures 3. Moratorium. No City imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the construction of all or any part of the New Structures) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), demolition permits, building permits, occupancy certificates or other entitlement to use or service approved, issued or granted within City, or portions of City, shall apply to the New Structures to the extent such moratorium or other limitation is in conflict with this Agreement. E. Permitted Conditions and Fees. Subject to the fees set forth in this Agreement, no additional mitigations, conditions, exactions, dedications or fees, whether adopted through the exercise of either the police power, the taxing power or any other authority, shall be imposed by City on the construction and/or maintenance of the New 13 Structures, except as expressly provided in this Agreement. F. Tuning of Development. Because the California Supreme Court held in „ Par_ ee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1954), that failure of the „ parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to develop the Properties in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. However, the parties agree that Developer will build the New Structures in accordance with the phasing set forth in Section I.A. G. Vesting of Developer's Rights. The rights and entitlements granted to Developer, pursuant to this Agreement, shall be and constitute "vested rights" or the equivalent of "vested rights" as that term is defined under California law applicable to the development of land or property and the right of a public entity, to regulate or control such development of land or property, and construct the New Structures on the Properties. Section iii. Cooperation/Implementation. A. No Inconsistent Actions. Except as required by any unstayed court order, neither City, nor any of its agencies, officers or employees, shall take any action that is inconsistent with the terms of this Agreement. B. Further Assurances, Covenant to Sign _Documents. Each party shall take all 14 actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. C. State Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to conform with the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, its City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that is inconsistent with the terms of this Agreement. Nothing in this paragraph shall restrict or inhibit any individual member of City's City Council, Planning Commission or any other City agency who is also a member of another governmental body, the composition of which is different than the City's City Council, Planning Commission or other City agency, from exercising his or her discretion on such . other governmental body. E. Cooperation in the Event of Le aI Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any 15 writ for injunctive relief, in which case City shall notify Developer immediately upon receipt. Developer shall defend City, its officers, agents and employees from any legal actions instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement in an amount not to exceed the City's self - insurance retention amount of $250,000.00; provided, however, that if City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Subject to City's right to approve such counsel, which approval shall not be unreasonably withheld or delayed, Developer shall be entitled to select counsel to conduct such defense, who shall be authorized to represent City as well as Developer; provided, however, if City elects to select counsel, other than counsel selected by Developer, City shall be responsible for paying the fees and costs of counsel it selects. City shall not reject any reasonable settlement; if City does reject a settlement that is acceptable to Developer, Developer may settle the action, as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement or to other development issues affecting construction of the New Structures shall not delay or stop the processing or issuance of any necessary demolition or building permit, unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any.such order. 16 Section 1V, General Provisions. \ A. Covenants Run with the Land. All of the provisions, agreements _ powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring all or some of the Properties, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers And Assignments. Developer shall not assign any interest in this Agreement except in connection with the concurrent transfer of some or all of the Properties, without the prior written consent of City, which will not be unreasonably withheld. Notwithstanding the preceding sentence, Developer shall have the right to assign the six (6) New Structures 1 Regency Outdoor Advertising. Upon any transfer of all or some of the Properties and assignment of this , Agreement and delegation of all of Developer's obligations hereunder, with respect to the transferred properties, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement, and City agrees to look solely to the transferee for compliance with the provisions of this Agreement, as such obligations and provisions relate to the Properties acquired by such transferee. in addition, any amendment to this Agreement between City and a transferee shall only 17 affect the Properties owned by such transferee, and a default by any transferee shall only affect the Properties owned by such transferee. C. Statement of Compliance. Within ten (10) days following any written request which either City or Developer may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there is no uncured defaults in the performance of the requesting party. The Director of Community Development shall be authorized to execute any certificate requested by Developer hereunder. D. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other, unless any such failure is the result of unstayed court order, shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30 -day period, the 18 commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30 -day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate the Agreement pursuant to Government Code section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code sections 65867 and 65868. Following consideration of the evidence presented in the review before the City Council, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. E. Default by _City. In the event City defaults defined in Section II.D. herein under the terms of this Agreement, Developer shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. In addition, the term of this Agreement will be extended by the same time as City is in default. F. Legal_ Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of parties hereto. G. Waiver, Cumulative. Failure by City or Developer to insist upon 19 the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Developer of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Developer to take any action with respect to such default or breach. No express written waiver of any .defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement, shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section IV.D., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Future Litigation Expenses 1. Pa ent to Prevailing PaML If City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross - complaint, counterclaim, or third -party claim) by reason of defaults or breach, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding 20 shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. I. Effective Date and Term. The Effective Date of this Agreement shall be thirty (30) days after City enacts an ordinance approving this Agreement ( "Effective Date "). The term of this Agreement shall expire twenty (20) years from the earlier to occur of (i) the construction of all of the New Structures, or (ii) twelve (12) months after the Effective Date of this Agreement. At least sixty (60) days before the end of the twenty (20) year term, Developer shall apply for a separate demolition permit for each New Structure. Provided that City has timely issued demolition permits, Developer shall remove all of the New Structures on or before the last day of the twenty (20) year term of this Agreement. In the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, City shalt have the right to remove said remaining New 21 Structures and to charge Developer its actual costs of removal. In addition, in the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, Developer shall pay City a fine of either (i) five hundred dollars ($500.00) a day, or (ii) the actual amount of revenues received by Developer for the New Structures for the period following the end of the twenty (20) year term of this Agreement, whichever is greater. Developer hereby waives any causes of action it may have to postpone removal of the New Structures under this paragraph after the twenty (20) year term of this Agreement. Except for the Phase Two New Structures, notwithstanding the foregoing, Developer shall have the right to remove any of the New Structures at any time during the term of this Agreement and to terminate this Agreement with respect to the Property on which said New Structure was located. J. Supersedure b Subse went Laws. If any federal or state law, made or enacted after the Effective Date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Developer shall meet and confer in good faith to determine the feasibility of any such modification based on the effect such modification would have on the purposes and intent of this Agreement. Developer and City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is 22 successful, this Agreement shall remain unmodified and in full force and effect. K. Amendment of A eement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code sections 65867 and 65868 or their successor sections, and provided a public hearing is conducted prior to any amendment of this Agreement. L. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Properties hereunder may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The Director of Community Development shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section IV. K. The Director of Community Development may execute any operating memoranda hereunder. Section V. Miscellaneous. 23 A. Negation of Partnership. The Properties constitute private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Partv ,Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence or any such representations, understandings or covenants shall be admissible in any proceeding of any. kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severabili . Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or grossly 24. inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, certified or express mail, return receipt requested, with postage prepaid, to the mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Developer: Ken Spiker and Associates, Inc. 14156 Magnolia Boulevard, Suite 103 Sherman Oaks, CA 91423 25 Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten (10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 1. Time is of the Essence. Time is of the essence of this Agreement and of each and every tern and condition hereof. J. Recordation. In order to comply with section 55868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against each of the Properties with the County Recorder of Los Angeles County within ten (1 0) days after the Effective Date. [end of text. signatures on next page] 26 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM: c City Attorney "CITY" CITY OF BALDWIN PARK w "DEVELOPER" KEN SPIKER AND ASSOCIATES, INC. 27 President EXHIBITS A -I THROUGH A -b TO BE PROVIDED 28 RESOLUTION NO. PC 00-11 . DRAF11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL DENY A ZONE CHANGE FROM 01 TO 01 (0) TO CREATE AN OUTDOOR ADVERTISING OVERLAY DISTRICT AND DENYING ZONE VARIANCES SEEKING THE PROPOSED OUTDOOR ADVERTISING STRUCTURE TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA, AND TO ALLOW LESS THAN THE MINIMUM REQUIRED FRONT YARD SETBACK (APPLICANT: REGENCY OUTDOOR ADVERTISING; LOCATION! VACANT PROPERTY ADJACENT TO THE SCE RIGHT OF WAY; CASE NO.: Z -514 & ZV -656). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications for a Zone Change and Zone Variance ( "Applications ") were submitted by Regency Outdoor Advertising ( "Applicant ") on behalf of the owners of certain real property, located on a vacant property adjacent to the SCE Right -of -Way, south of the 1 -10 Freeway (APN 8564- 003 -002) in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) That the Zone Change is requesting that the property be rezoned from 01 to 01 (0) to enable the construction of an outdoor advertising structure on that portion of the property that is adjacent to the 1 -10 San Bernardino Freeway; and C) That the Zone Variances are requesting approval to allow the construction of a billboard sign along the 1 -10, San Bernardino Freeway that exceeds the maximum allowable height, sign face and less than the minimum required front yard setback area pursuant to Sections 153.395 (B) (6), (7) and 153.183 (A) of the City's Municipal Code; and d) That a duly noticed public hearing was held relating to the Applications by the Planning Commission wherein evidence relating to the Applications was presented, including but not limited to, applicable staff reports, a proposed development agreement, and testimony from the Applicant and other interested parties; and e) Based upon evidence presented at the public hearing, 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 such Applications are not present and that the Zone Change should be recommended for denial by the City Council, and the Zone Variance should be denied. SECTION 2. That the Planning Commission does hereby adopt the following Statement of Facts applicable to the Zone Change: a) That the City's General Plan does not address the issues of outdoor advertising structures (billboards), therefore, any proposed construction of an outdoor advertising structure should be reviewed on a case -by -case basis to determine the impact on the City. In the circumstances presented by the evidence available, the proposed outdoor advertising structure could be visually damaging to the City and would not be an appropriate land use along this segment of the 1 -10, San Bernardino Freeway, the '.gateway" through the City; and Resolution No. PC 00 -11 Vacant Property on Dalewood Street adjacent to the SCE r -o -w April 26, 2000 DRAFT Page 2 b) That the property at issue is within the Sierra Vista Redevelopment Project Areas, where there is substantial interest in the redevelopment of this area. The proposed construction of an outdoor advertising structure on this property could negatively impact the interests of new or existing businesses or developers, so as to impede the development of this area. SECTION 3. That the Planning Commission does hereby adopt the following Findings of Fact applicable to the Zone Variance: a) That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved without the zone change from O[ to OE (0), The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the property, its geographical constraints and the existing freestanding sign may impose a hardship on the property at being able to construct within the limits of the City's Zoning Code; however, the denial of the zone change request by the Applicant renders these zone variance issues moot; and b) That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 and 1 -10 freeway interchange and the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted by the City the ability to have a legal outdoor advertising structure; and c) That approval of the requested variance could be materially detrimental to the public..welfare...or._injurious to the _adjacent _ properties. Aesthetic controls fall_ under the __ ...... ......... "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the Planning Commission has determined that the proposed billboard on this property is visually offensive and is not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass. The requested variances would allow the billboards to be more visible and therefore, could be materially detrimental to the public welfare; and d) That approval of.the requested variances may adversely affect the General Plan, in that, potential developers surveying the 1 -10, San Bernardino Freeway for development possibilities could be visually offended by an outdoor advertising structure which in turn could limit the future developability of this portion of the freeway corridor. Allowing the construction of an outdoor advertising structure on this portion of the 1 -10, San Bernardino Freeway could be contrary to General Plan Land Use Element Goal 1.5 which states that the City should continue to improve the San Bernardino Freeway Corridor for commercial opportunities. SECTION 3. That the Planning Commission, at the time of the public hearing on the above matter, reviewed and considered the proposed Negative Declaration of Environmental Impact. That the Planning Commission, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby recommends that the City Council adopt the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolution No. PC 00 -11 Vacant Property on Dalewood Street adjacent to the SCE r -o -w April 25, 2000 Page 3 PASSED AND APPROVED this 26t' day of April 2000. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, AMY L. HARBIN, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 00-11 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 26 ' day of April, 2000 by the following vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS Huetinck, Villegas, Perez, Oclaray Magdaleno None None AMY L. HARBIN BALDWIN PARK PLANNING COMMISSION DATE: February 28, 2000 APPLICANT: Regency Outdoor Advertising TYPE OF PERMIT: Zone Change and Variance FILE NO.: Z -514 & ZV =656 LOCATION OF PROJECT: Dalewood St. adjacent to Southern California Edison, Baldwin Park, CA 91706 DESCRIPTION OF PROJECT: Zone change and zone variance to allow the creation of an Outdoor Advertising District overlay zone and to allow the installation of one (1) billboard sign which exceeds the maximum allowable height and sign face area and less than the minimum required front yard setback. It is the opinion of the ❑ Zoning Administrator ® Planning Commission ® City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures [] are attached are not required (Signature) Principal Planner Date(s) of Public March 2, 2000 Notice: Legal advertisement ❑ Posting of the properties Written notice (msivlformstinegdec) 1/97 I CITY OF BALDWIN PARK INITIAL. STUDY [. BACKGROUND 1. Name of Regency Outdoor Advertising, Inc. Proponent: 2. Address and Phone Number of Proponent:. 8820 Sunset Boulevard, 2' Floor West Hollywood, CA 90069 3. Date of Checklist Submitted'. February 28, 2000 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if Zone change and zone variance to allow the creation of an applicable: outdoor advertising district overlay zone and to allow a billboard to exceed the maximum allowable height and sign face area and less than the minimum required front yard area. 6. File Number: Z -514 and ZV-656 II ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or over covering of the soil? X c. Any increase in wind or water erosion of X soils, either on or off site? d. Exposure of people or property to geologic hazards such as earthquakes, X landslides, mudslides, ground failure, or similar hazards? Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern California Edison. PAGE 2 Air. Will the proposal result in 2.) substantial air emissions, deterioration of X ambient air quality, or change in climate? 3_) Water. Will the proposal result in a. Changes in ground water quality or quantity, or alterations of existing X drainage patterns? b. Storm water discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading does, or other outdoor work areas? c. A significantly environmentally harmful increase in the flow rate or volume of X storm water runoff? d. A significantly environmentally harmful increase in erosion of the project site or X surrounding areas? e. Storrs water discharges that would significantly impair the beneficial uses of X receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of drainage systems and water bodies? X 4.) Plant and Animal Life. Will the proposal ' result in change in the diversity of species, or X number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 6.) Eight and Glare. Will the proposal produce new light and glare? X C ASalvador\C EQAtiZ -514, doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern California Edison. PAGE 3 x- 7.) Land Use. Will the proposal result in a substantial alteration of the present or X planned land use of an area? 8.) Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resource? X b. Substantial depletion of any nonrenewable natural resources? X 9.) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not X limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the location, distribution, density, or growth rate X of the human population of an area? 11.) Housing. Will the proposal affect existing Dousing, or create a demand for new X housing? 12.) Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or X movement of people and /or goods? b_ Effects on existing parking facilities, or demand for new parking? X c_ Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 13_) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? CASalvadorlCEQAtZ- 514.doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern Califomia Edison. PAGE 4 X b. Police protection? X c. Schools? x d. Parks or other recreational facilities? X e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a substantial increase in the use of energy? x 15.) Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? x d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? ' X 16.) Human Health. WIl the proposal result in the creation of any health hazard or potential x health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the x creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, C:1SaIvador10EQAV- 514.doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern California Edison. PAGE 5 x X object or building? 19.) Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife X population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the" major periods of California history or prehistory? b. Does the project have the potential to achieve short -term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is X one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where X the impacts on each resource are relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? CASaNadorlCEOAV- 514.doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern Cafifornia Edison. III. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation, PAGE 6 I find the proposed project COULD NOT have a significant effect on X the environment, and a NEGATIVE DECLARATION will be prepared. Date: February 28. 2000 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) PRINCIPAL PLANNER (Title) City of Baldwin Park , IV. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth a. There will be no significant change in earth or geologic conditions resulting from the construction permitted under approval of this permit. b. Approval of this project will allow for the construction of a sixty five (65) foot high outdoor advertising structure (billboard) with a sign face area of 800 sq. ft. per side. C. There should be no increased erosion of the site with the related zone change and zone variances which will enable the construction of an outdoor advertising structure. Approval of this project will not expose people or property to any hazards, geologic or otherwise, at any level greater than that deemed acceptable under the City's General Plan. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. CASalvadorlCEQA1Z- 514.doc Initial Study Z -514 and Z -656 Datewood St. adjacent to Southern California Edison. Air PAGE 7 The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. However, the installation of billboard sign will not directly or indirectly result in increased air pollution. 3. Water Development of the site under this approval may result in an increase in impervious areas and increased surface run -off. Appropriate grading and drainage plans, as required by the City's Engineering Division, will mitigate potential drainage deficiencies. No adverse impacts are anticipated. 4. Plant and Animal The project will not adversely affect the diversity or number of species on the site that the environment would be negatively impacted. In conjunction with the development, portions of the site will be landscaped which will result in the introduction of new species of vegetation including trees, shrubs, and grasses. This will have a positive impact upon the environment. 5. Noise Given the limited scale of potential development, the project will not have a significant noise impact upon the surrounding commercial area. The project will not create any new noise or subject people to unacceptable noise levels. Construction activities will cause temporary localized increases in existing noise levels, which could periodically be of a severe nature. However, construction activities should be limited in duration given the scale of allowable development and the City's Municipal Code requires that construction be performed between the hours of 7:00 a.m. and 7:00 p.m. so as to minimize the disturbance upon the surrounding neighborhoods. Consequently, there will be no significant short term or long -term noise impacts upon the environment. 6. Light and Glare New light and glare will be produced by new outdoor advertising structures. However, the, California State Department of Transportation regulates the lighting that would be produced by a new outdoor advertising structure along the 1 -10 San Bernardino Freeway. The light and glare that will be produced will in no way cause a negative impact upon the vehicles traveling along the highway nor on the adjacent properties. 7. Land Use The General Plan Land Use designation of the property, General Commercial, is consistent with the proposal, and will remain unchanged. The proposed billboard will not affect existing land uses. 8. Natural Resources Development of the site will have a negligible impact upon the rate of use of any natural resources. The City's General Plan addresses growth at a citywide scale and its relation to the rate of use of natural resources. Though lighting will be provided for the billboard, the project will have no significant increase in additional energy uses_ C:1S afvadorlC E WZ -514, doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern California Edison. 9. Risk of Upset PAGE S Future development of the site as allowed for under this approval will not involve the handling of any significant amount of hazardous materials, and therefore will not present any risk of upset, including the explosion or release of hazardous substances. 10. Population The proposed zone change, adding the 'O' Overlay designation, and zone variances relating to the construction of an outdoor advertising structure will not result in a net population increase. 11. Housing The proposed zone change and zone variances relating to the construction of an outdoor advertising structure will not generate a need to provide additional housing stock. 12. Transportation /Circulation The installation of a billboard will not have a measurable effect on the traffic. State standards for billboard construction and operation prohibits displays that could potentially be hazardous to passing motorists. 13. Public Services a. it is anticipated that the project will not require additional fire services, however, since the project proposal has been submitted for PlanfDesign Review, the Los Angeles County Fire Department has been afforded the opportunity to comment on the project proposal and all applicable conditions will have to be met by the Applicant prior to obtaining a building permits for both the proposed outdoor advertising structure. b. The proposed project will not result in an increase in demand on Police services. C. The project will not result in an increase in demand for school facilities. School impact fees for commercial projects are collected prior to the project obtaining a building permit and are intended to set -off any potential impact on school facilities. d. Given the limited scale of development which would occur on the site under this approval, the proposed project will not result in an increase in demand for additional parks or recreational facilities. The City's Development Tax, collected prior to occupancy is intended to offset any potential new demand for recreation facilities. Given the limited scale of development which would occur on the site under this approval, there should be a negligible impact upon the maintenance of public facilities. However, since the project has been submitted for Plan /Design Review, the Engineering Division has had the opportunity to formally review the plans to make a determination of what type of off -site improvements are needed. 14. Energy The development permitted under this approval will not have a significant effect on energy usage. The City's General Plan addresses the impacts of citywide development upon regional energy usage_ C:1Salvado6CEQAIZ- 514.doc Initial Study Z -514 and Z -656 Dalewood St. adjacent to Southern Cafifomia Edison. 15. Utilities PAGE 9 Development of the site will require provision of utility tie-ins as required by the City's Engineering Division. The development allowed under this approval is consistent with the general plan, which addresses the impact of citywide growth upon local and regional systems and facilities. 16. Human Health Development of the site under this approval will not result in the creation of any health hazards or potential health hazards. 17. Aesthetics The proposed billboards will be clearly visible from the 1 -10 freeway. These particular segments of the freeway are not considered a scenic highway. Therefore, the project is not expected to result in the obstruction of any scenic views open to the public. 18. Archaeological/Historical The site does not contain any structures possessing local landmark status or listed on the National Register of historic Places. Therefore, the proposed project will not result in the alteration of a significant archeological or historical site. 19. Mandatory Findings of Significance a. The proposed amendments will have no impact fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long -term adverse environmental impacts, and is in keeping with the long -range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts are proposed to be mitigated to a level of insignificance. d. The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan. C:tSalvador\CEQA1Z- 514.doc Initial Study Z -514 and Z -656 Dalewood St, adjacent to Southern California Edison. ENVIRONMENTAL INFORMATION FORM Date filed: February 28, 2000 General Information 1. Name and address of developer or project sponsor: Regency Outdoor Advertising, Inc. 8820 Sunset Boulevard 211a floor West Hollywood, CA 90069 2. Address of project: Dalewood Street, adjacent to Southern California Edison Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8564- 003 -002 PAGE 10 3. Name, address and phone number of person to be contacted concerning this project: City of Baldwin Park Amy L. Harbin, Principal Planner 14403 E. Pacific Avenue Baldwin Park, CA 91706 4. Indicate the number of the permit application to which this form pertains: Z -514 and ZV -656 5. List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Outdoor Advertising Display permits must be received by the State Department of Transportation (CalTrans). A Development Agreement will be required to memorialize the terms of the agreement. 6. Existing zoning district: OI, Office Industrial 7. Proposed use of site (Project for which this farm is filed): Operation of one (1) billboard sign PROJECT DESCRIPTION The proposed project involves a request for approval of a zone change to create an Outdoor Advertising District (0) overlay zone designation to allow the installation of one outdoor advertising structure (billboard). A related request is for zone variances from: 1) Section 153.395 (B) (6) and (7) of the City's Zoning Code to allow the billboard to exceed the maximum allowable height and sign face area, and 2) 153.183 (A) of the City's Zoning Code to allow less than the minimum required front yard setback. C:15 alvador\C EQAV- 514.doc Initial Study 2-514 and Z -656 Dalewood St. adjacent to Southern California Edison. ENVIRONMENTAL CHANGES PAGE 11 Are the following items applicable to the project or its effects? discuss all items below checked "yes" r (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. I 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1-605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 73,000 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting 'is that according to the 1990 Census, the City has a considerably larger than average household size that .the County average, suggesting increased pressure on the City's housing stock and the provision of I services. C:\SalvadorkC EQAIZ -514. doe APPLICATION {ZONE CHANGE} 1. APPLICANT• NAME: Regency Outdoor Advertising, Inc. ADDRESS: 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069- PHONE: (310) 657-8883 STATUS (Owner of land, agent, purchaser, etc.) Agent 2. PROPERTY OWNER: NAME: Keno£fel I &M %TR,,Roodman i & Trust ADDRESS: 33 Sierra Madre Way, Rancho Mirage, CA 92270 -3928 PHONE: 3. PROPERTY: ADDRESS: Oa Dalewood Street adjacent t- the Southern California Edison BONE; OI office Industrial right –of –way LOT SIZE: .75,000_ * sq. ft. 4. EXISTING USE OF PROPERTY: Vacant 5. LEGAL DESCRIPTION: (Use description as it appears in your Grant Deed or attach deed) See attached 6. REQUEST: To create an Outdoor Advertising Overlay District on the property described. ZONING CODE SECTION NUMBERS: 153.315 7. CHANGES TO BE MADE TO PROPERTY: Install one two -face outdoor advertising structure. 8. SPECIAL INFORMATION: None. 984 3. 0 TO: PLANNING COMMISSION CITY COUNCIL CASE NO. 1, the undersigned, hereby petition the Planning Commission and the City Council of the City of Baldwin Park for a change of zone on property at the locations noted in this application. JUSTIFICATION FOR REQUEST: 1. IN WHAT WAYS WILL THE USES PERMITTED BY THE ZONE CHANGE BENEFIT THE ADJOINING NEIGHBORHOOD AND THE CITY OF BALDWIN PARK? The proposed use will not require any City services and will financially benefit both the City (and thus all of the neighborhoods therein) and the property owner. II. IS THE PROPERTY INVOLVED IN THIS PROPOSED CHANGE MORE SUITABLE FOR THE PURPOSES PERMITTED BY THE PRESENT ZONE OR BY THE ZONE REQUESTED? WHY? (EXPLAIN YOUR ANSWER IN FULL DETAIL) The property involved in this request is suited for the uses allowed in the underlying zone as well as an outdoor advertising structure. The Baldwin Park Zoning Code specifically allows outdoor advertising structures in all zones wherein the Outdoor Advertising Overlay District has been applied. Ill. WOULD THE USES PERMITTED BY THE PROPOSED ZONE BE DETRIMENTAL TO SURROUNDING PROPERTY IN ANY WAY? (EXPLAIN REASONS SUPPORTING YOUR ANSWER) No. The outdoor advertising structure will be professionally installed and maintained and, therefore, will not be detrimental to the property on which it will be built or to any adjacent property. Outdoor advertising structures are legitimate land uses adjacent to freeways and have no demonstrated adverse economic or social impact. IV. LIST ANY DEED RESTRICTION WHICH AFFECT DEVELOPMENT OF THE PROPERTY. GIVE THE EXPIRATION DATE. None that will affect the proposed development. _I_ NOTE: PLEASE INCORPORATE THE PLANNING COMMISSION AND CITY COUNCIL FINDINGS OF FACT IN APPROVING ZONE CHANGES AND VARIANCES FOR OUTDOOR ADVERTISING STRUCTURES ADJACENT TO THE 605 AND 10 FREEWAYS IN THE CITY OF BALDWIN PARK (CLOVERLEAF BUSINESS PARK, BARNES PARK AND THE SOUTHERN CALIFORNIA EDISON PROPERTY) INTO THIS APPLICATION BY REFERENCE. APP ANT Drao knnedy, P r ident DATE FILED Im AMOUNT PAID HEARING DATE FINDINGS OF FACT ZV -647 & Z- 509 -440 Cloverleaf Drive 1. That there are exceptional or, extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -510 & ZV- 648— Barnes Park 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the I- 605 freeway and the 1- 1011 -605 interchange and 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1 -10/1 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -511 & Z1/- 649 —SCE Right -of -Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways: 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. ZONE CHANGE ATTACHMENT FISCAL CONDITION OF CITIES In years past, it became popular in many cities to eliminate provisions allowing certain land uses including, but not limited to, outdoor advertising structures, or restricting them to very limited areas within a city or making it extremely difficult to obtain approval for such uses by requiring applicants to jump through a series of hoops (zone changes, variances, conditional use permits, plan approvals, etc.). This was possibly done because some city planners had a prejudice against certain uses for various reasons and because the proposers of the uses sometimes did not exhibit the best judgment in their proposals. Revenues were not a question in the "old" days, as they are today. Prior to Proposition 13 of 1978, cities annually set property tax rates that would generate enough revenue, along with other revenue streams available to the city, to meet their budgetary needs. The passage of Proposition 13 in 1978 cost cities in the State approximately $750 million annually. AB 8 of 1978, touted as the bailout bill, returned approximately 25% of the lost revenues to cities. Then in 1992 -93 and 1993 -94, the State dipped into cities pockets again to pay the State obligations to education (Education Revenue Augmentation Fund [ERAF]). This cost cities in the State $570 million annually. Then in 1993, Proposition 172 was passed to provide public safety funding to troubled cities and counties. Counties received 94% of all Proposition 172 revenues while cities received 6 %. In response to Proposition 13 losses, ERAF losses and other losses of city revenues, cities have implemented local taxes such as utility users taxes, transient occupancy, taxes, and other fees to enable them to stay afloat. This year the Legislature enhanced city revenues slightly while rejecting any meaningful return of funds previously pirated. As you will recall, last year's ACA 42 which would have locked in existing local revenues, failed miserably. In past months, the League of California Cities proposed an initiative to implement ACA 42. The League proposal, which was not implemented, did not suggest recouping any revenues previously pirated by the State. At the present time, there are numerous measures being discussed by the Legislature which could return a portion of the property tax taken to pay the State's obligation to education. It appears unlikely that these discussions will result in a significant return of revenues to cities, at least in the near future. Therefore, cities will be required to continue to seek new revenue sources. 09 -02 -99 OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: 1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 2. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure. at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. 8820 Sunset Blvd. - 2nd Floor - Los Angeles, CA - 90069 Tel (310) 657 -8883 - Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two 3. That it will. be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the - developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will-not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. 4. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). , 6. That no objectionable copy will be displayed on any of the outdoor advertising structures. Objectionable copy will include, but not be limited to, advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc. If any copy is found to be objectionable by a majority vote of the City Council, it will be removed at no cost to the City. 7. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. s. 8820 Sunset Blvd. • 2nd Floor • Las Angeles, CA • 90069 TO (310) 657 -8883 • fax (310) 657 -8073 x. . Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Paige Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone - Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818- 906 -6941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, V � Drake Kenne President ds Enclosures 8820 Sunset Blvd. - 2nd Floor - Los Angeles, CA - 90069 Tel(310)657 -8883 - Fax (310) 657 -8073 L-E111U, ,1SO APPIR;dLiUli 4 CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC "E BALDWIIN PARK, CA 91706 -_ BALD)MN (626) 813 -5261 PEA- R - K TYPE OF APPLICATION General Plan Amendment . Zone Change _ Code Amendment Development Plan CRA Conceptual Approval X Zone Variance Conditional Use Permit Administrative Adjustment Specific Plan Other APPLICATION INFORMATION Name of applicant(s) Regency Outdoor Advertising, Inc. Address 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069 Phone No. MO) 657 -8883 Capacity Agent Owner(s) of Record Kenoffel I &M /TR, Roodman I & Trust Owner's Address 33 Sierra Madre Way Rancho Mirage, CA 92276 -3928 PROPERTY INFORMATION Location On Dalewood Street adjacent to the Southern California Edison right -of --way Assessor Parcel Number(s) 8564 -003- -002; 003 _ & 021 'tract and Lot Number(s)- See attached Existing General Plan Designation Office Industrial Existing Zoning for each parcel 01 Office Industrial Existing Land Use Vacant. Code Section to be amended 153.395 ` Purpose of request To install one two-face outdoor advertising structure CERTIFICATION STATEMENT: I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's A !davit from the legal owner.) Signature Drake K reedy, Press nt . Date Signature Date.. ---------------------------------------------------------------- _- - - - - -- -- FOR CITY USE ONLY: File No.: F-/PIanraing/Forms/LandaPp Fee: Received by: Date: ZONE VARIANCE Specific Stats Height Section 153.395(B)(6) Increase from 40 feet maximum height to 50155 1') feet in height Size Section 153.395(B)(7)- Increase from 600 square feet maximum face size to 800 square feet face size Yards (Section 153.395(B)(2) Decrease front yard setback from 15 feet to 10 feet (1) x/y x - height of structure y = height of occasional appendages 141MI- &O ZONE VARIANCE ,JUSTIFICATION STATEMENT (Height And Size PROPOSAL The Baldwin Park Zoning Code specifically permits outdoor advertising structures in all zones where the Outdoor Advertising Display District has been applied, subject to specified conditions. This project meets all of the conditions, except the height limit and the sign face size limit. The City has adopted findings of fact indicating that the Outdoor Advertising Overlay District was developed specifically for City streets. On City streets speeds are low, the structures are located in close proximity to the drivers viewing the display, the grades of the travelled way and structures are the same, and major obstacles between the viewer and the structure are virtually non- existent. The proposed project presents different circumstances than anticipated when the Outdoor Advertising Overlay District and the off -site sign regulations were developed. This project is located adjacent to a freeway which accommodates very high speeds and which has major visual obstacles to overcome to ensure that the driver has an unobstructed view of the display. Regency Outdoor Advertising, Inc. proposes that the City of Baldwin Park grant a variance to allow one two -faced outdoor advertising structure on the noted site that does not comply with the City of Baldwin Park Municipal Code, specifically Sections 153.395(B)(6)(7) which relate to height and size. Specifically, the Baldwin Park Municipal Code Sections 153.395(8)(6)(7) allow• outdoor advertising structures to be a maximum of 40 feet in height (measured from the grade of the site on which the structure is placed) and have a face area of 600 square feet. The proposed structure will be higher than 40 feet with embellishments and will have a sign face a maximum of 800 square feet in area, including embellishments (see plans and cross sections for specifics). Pursuant to Section 65906 of the State of California Planning and Zoning laws, a variance may be granted when there are specific physical circumstances that distinguish the project site from its surroundings and these unique circumstances would create an unnecessary hardship for the applicant if the usual zoning standards are imposed. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements. -1- 1. THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS, APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. As noted above, the size and height of outdoor advertising structures are regulated by Section 153.395 of the Baldwin Park Zoning Code. Displays are limited to a height of 40 feet above finished grade with no more than 600 square feet of sign face. The location of the subject property and the potential and existing geographical and visual constraints impose a hardship on the property that does not allow it to enjoy the property rights of other properties located in the Outdoor Advertising Overlay District. The purpose of off site advertising structures, as permitted in the Baldwin Park Zoning Code, is to provide an advertising display that is visible from adjacent travelled ways --in this case, the 10 freeway. The location of the subject property in relation to adjacent properties and properties in close proximity thereto that may be developed or redeveloped creates the potential for visual obstructions. The relationship of the subject property to the 1'0 freeway and the visual obstructions in connection therewith, such as the 605 vehicle overcrossing, the Athol vehicle overcrossing, the Bess Avenue pedestrian overcrossing and the Baldwin Park vehicle overcrossing, also impose visual constraints. Collectively, the constraints constitute a hardship on the property which do not allow it to enjoy the property rights of other properties located in the existing Outdoor Advertising Overlay Districts, which are located on properties that front on local streets. On local streets, a 40 foot height limit is, in most cases, reasonable and workable because the speed of the traffic, the configuration of the traveled way, the height and placement of the structures, and the proximity of the outdoor advertising structure to the street is conducive to adequate viewing of the display by individuals in slow moving vehicles in close proximity to the display. In this case, however, in order to provide for appropriate visibility and sight distance from the adjacent 10 freeway the advertising structure needs to be higher than that permitted in the Zoning Code. Wth regard to the allowable size of the sign face, the industry standard for freeway advertising is 14 foot by 48 foot panels (672 square feet). In'addition, appendages are added on occasion, which bring the total up to a maximum of 800 square feet. This size is deemed necessary to allow for proper scaling of freeway signage. To illustrate this point, City highways range from 80 to 100 feet in width whereas freeway right -of -ways average 220 feet to 300 feet. Speeds on City streets range from 30 -45 miles per hour while speeds on the freeway range from 55 -75 miles per hour. Therefore, smaller sign faces (600 square feet) are adequate on the typical City street, as allowed by the Baldwin Park Zoning Code. However, to achieve the proper scale and thus visibility for the proposed freeway signage larger faces are required. The applicant's proposal is consistent with adjacent freeway signs. IVA Clearly then, there are exceptional circumstances and conditions applicable to this site relative to ether sites in the same zone within the City.. 2. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION. Variances are limited to those situations where the characteristics of the site make it difficult to develop under standard application of the Zoning Code. As indicated in the above justification, the use of the site for the proposed purpose is constricted by existing and potential adjacent development and the visual obstructions noted which are dissimilar to the conditions on local streets for which the. Outdoor Advertising Overlay District and the applicable off-site sign regulations were developed. The granting of the variance (additional height and size) will allow the applicant to enjoy ,the property rights enjoyed by similar properties within the City which are in the Outdoor Advertising Overlay District and are located on local City streets. The strict application of the Zone's development standards, which were clearly developed for outdoor advertising structures located directly adjacent to City streets which have no vehicle or pedestrian overcrossings or other visual obstacles, put this property owner at a disadvantage since this application involves property which is affected by potential adjacent development obstructions and visual obstructions on the travelled way and is adjacent to a heavily travelled high speed freeway instead of a local street with no visual obstacles and restricted speeds. The variance is required for the preservation and enjoyment of a substantial property right which the other properties that allow outdoor advertising structures in the City enjoy. 3. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. The location of the outdoor advertising structure is extremely valuable from an advertisement point of view. The structure will be sought after by major companies as a way of promoting their business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. In addition, outdoor advertising structures are a legitimate business, are built and maintained to the same standards as other businesses and, in this particular case, will have no adverse impact on the property on which they will be located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. 1911 4. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions and processes set forth in the Code and Which are consistent with the General Plan. In addition, the Baldwin Park General Plan, which contains Planning Commission And City Council adopted policy guidance, has no policies that directly or indirectly preclude or discourage outdoor advertising structures. In fact, the General Plan is silent on off site advertising. Therefore, the variance will not adversely impact the General Plan of the City of Baldwin Park. NOTE: Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Park and the Southern California Edison property. 09 -02 -99 1511: ITE GE NCY September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100;000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 - Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two J3. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. 114. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this,document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). 16. That no objectionable copy will be displayed on structures. Objectionable copy will include, but n tobacco products, strip clubs, shopping centers in other cities, big box stores in other cities, etc. objectionable by a majority vote of the City Council the City. any of the outdoor advertising of be limited to, advertising for other cities, auto dealerships in If any copy is found to be it will be removed at no cost to 7. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. 8820 Sunset Blvd. . 2nd floor • Los Angeles, CA - 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 - 906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, Drake Kenn dy President ds Enclosures 8820 Sunset Blvd. 0 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 ��11:7 I�GLL Lalt1<". AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM 01 TO 01 (0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE OF THE SUBJECT PROPERTY (APPLICANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; CASE NO.: Z- 514). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin park does hereby find, determine and declare as follows: a) That the owner of certain real property filed an application for a change of zone from 01, Office Industrial to 01 (0), Office industrial Sierra Vista Overlay for the real, vacant property located at adjacent to the SCE Right of Way, south of the 1 -10 Freeway (APN 8564- 003 -002), described more particularly in the said application which is on file in the office of the Secretary of the Planning Commission of the City; and b) That pursuant to the applicable provisions of the Planning and Zoning Law (Sections 658000 et seq. Of the Government Code of the state of California) studies were commenced for the purposes of amending the Zoning Map of the City of Baldwin Park; and C) That a duly noticed public haring was held upon said matter by the Planning Commission, and based upon the evidence presented, it was determined that the public necessity, convenience, and general welfare warranted that it recommended approval of the reclassification to 01 (0); and d) That the City Council conducted a duly noticed public hearing on said matter and based upon each member of the Council being familiar with the site it was determined that the public interest, necessity, convenience and general welfare warrant the change in zone classification, herein described. SECTION 2. That notwithstanding the provisions of Sections 153.630 - 153.646 of the Baldwin Park Municipal Code, the Zoning Classification of the property be and is hereby reclassified from 01 to zone 01 (0). SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed negative Declaration of Environmental Impact, and comments relating thereto. That the City Council, based on its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission, The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. PASSED AND APPROVED ON THE 17`h of MAY, 2000 MANUEL LOZANO, MAYOR Ordinance 1159 May 17, 2000 Paae 2 ATTEST KATHRYN TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF BALDWIN PARK ) 1, KATHRYN TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon it's first reading at a regular meting of the City Council on May 17, 2000. That there after said Ordinance was duly approved and adopted at a regular meeting of the City Council on , 2000 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: KATHRYN TIZCARENO, CITY CLERK CITY COUNCIL AGENDA MAY Z 7 2000 11filf �iI i CITY OF BALDWIN PARK STAFF PORT ►,� •. BAL.DWIN n,A R -K TO: Mayor and Councilmembers FROM: Rick Forintos, Interim Community Development Director DATE: May 17, 2000 SUBJECT: Continue to June 7 2000; Case Numbers: Z -595 & ZV -657; R, gquest: A Zone Change to allow the creation of an Outdoor Advertising Display District (0) Zoning designation on a property adjacent to the 1 -10, San Bernardino Freeway and an appeal of the Planning Commission's decision to deny zone variances allowing the proposed billboard to exceed the maximum height, sign face area and to encroach within the required front yard setback; Location: 92921 Garvey Avenue; Applicant: Ken Spiker and Associates representing Regency Outdoor Advertising, PURPOSE This report requests that the City Council continue this item to their June 7, 2000 meeting. BACKGROU N DIDISCUSSION This case was first heard by the Planning Commission at their April 26, 2000 meeting. At that meeting the Commission voted to recommend denial on the zone change application and denied the zone variances. Since all zone change applications are ultimately decided by the City Council, the Applicant subsequently appealed the Planning Commission's decision on the variances. Due to the very short time period in which staff had to prepare the reports, additional time is required in order to complete the report and have the City Attorney to review and approve the report, RECOMMENDATION Staff recommends that the City Council continue this item until their next meeting on June 7, 2000. Report prepared by: Amy L. Harbin, Principal Plann <W- C.,tiAmy\AMY\WORD\REPORTS\CounciI Reportslz515contd.doc UTY COUNCIL AGENDA MAY 1 7 2000 CITY OF BALDWIN PARK STAFF REPORT : ri,ii BALDWIN P - A - R, K TO: Mayor and Councilmembers FROM: Rick Forintos, Interim Community Development Direct DATE: May 17, 2000 SUBJECT: Case Numbers: Z -516 & ZV -658; Request: A Zone Change to allow the creation of an Outdoor Advertising Display District (0) Zoning designation on a property adjacent to the 1 -10, San Bernardino Freeway and an appeal of the Planning Commission's decision to deny a zone variance to allow one billboard to exceed the maximum height, sign face area and to allow less than the minimum required setback adjacent to a street; Location: 843 Frazier Street; Applicant: Ken Spiker and Associates representing Regency Outdoor Advertising. PURPOSE This report requests Council's consideration of the Planning Commission's recommendation relating to a request for a zone change from 01 to 01 (0) which would allow the construction of one outdoor advertising structure (billboard) and an appeal of the Planning Commission's decision to deny zone variances requesting the billboard exceed the maximum allowable height, sign face area and to have less than the minimum required yard area adjacent to a street for an 01 zoned lot. BACKGROUND Zone change and zone variance applications have been filed by Regency Outdoor Advertising to construct one (1) double -faced billboard sign within the Sierra Vista Redevelopment Project area. The subject property contains approximately 43,708 square feet (1 acre) and is located on the South side of the 1 -10 freeway, adjacent to the Frazier Street exit from the 1 -10 Freeway. The property's General Plan Land Use designation is Office Industrial; the property is zoned 01, Office Industrial. This item originally came before the Planning Commission at their April 24, 2000 meeting. As the Council is aware, in the case of zone changes, the Planning Commission conducts a public hearing and at the conclusion makes a recommendation to the City Council pursuant to Section 153.637 of the City's Municipal Code. At the April 24, 2000 meeting, the Commission voted 4 -1 to recommend that the City Council deny the applicant's request to change the zone from 01 to 01 (0). (Refer to section entitled `Planning Commissioner's Comments.) Section 153.395(A) of the City's Zoning Code allows billboard signs to be constructed on any property located within an Outdoor Advertising District (0) Overlay Zone. Currently, such districts only exist along Arrow Highway, a short segment of Ramona Boulevard in the Auction Village area, and within the past year, along segments of the 1 -605, San Gabriel River Freeway and a small portion of the 1 -10 San Bernardino Freeway between the western boundary of the 1 -1011 -605 Z -516 & ZV -648 May 17, 2000 Page 2 Freeway Interchange to the western City limits. (See attached Exhibit "D "). Within (0) Overlay Districts, billboard signs are considered permitted uses and do not require Planning Commission approval to install as long as they comply with the development standards (i.e. yard areas, maximum height, maximum sign face area, etc.) listed in Section 153.395(B) of the Code. The California Business and Professions Code — Outdoor Advertising Act — contains further regulations applicable to the construction and maintenance of billboards along interstate highways (i.e. 1 -10 and 1 -605). Section 5402 of the Business and Professions Code requires permits to be obtained through CalTrans before billboards can be installed along a freeway. State standards prohibit obscene, indecent or immoral images from being displayed on billboards. Furthermore, State regulations also prohibit displays that distract or confuse motorists. - APPLICANT'S PROPOSAL Applicant's request consists of two parts: 1) a zone change to apply the (0) Overlay Zone to the freeway frontage portion of this particular property from OI to OI (0); and 2) a zone variance to allow the billboard sign to exceed the maximum height (from 40' to 50`), exceed the maximum allowable sign face area (from 600 sq. ft. to 800 sq. ft.), and encroach into the front.yard setback (15' to less than 10'). In return for the requested zoning approvals, the applicant has offered to enter into an agreement with the City wherein the applicant would agree to the following terms: a. That the term of the approvals shall be twenty (20) years; and b. A one -time payment of $100,000 for the two -faced outdoor advertising structure shall be paid to the City immediately prior to the issuance of the building permit; and c. That no objectionable copy will be displayed such as advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc.; and d. That due to the difficulty of defining all objectionable advertising in writing, the applicant will agree that any copy determined objectionable by the City will be removed within seventy -two hours of receipt of a request by the City; and e. That the City of Baldwin Park will be provided outdoor advertising space (one face) for thirty (30) days each year on the approved structure. The City will specify one year in advance the time of the year the space is needed and the City will specify the copy desired sixty days in advance of its being displayed. Copy desired by the City will be designated and produced by the applicant and will be installed and de- installed at no cost to the City. It would be assumed by both the Developer and the City that the outdoor advertising structures and their use have no value to the property owner or the developer and if, a redevelopment project is initiated on the site where the structure is located. The appraisal of the sites where the outdoor advertising structure is located will not include improvement value based on the existence of the outdoor advertising structure. The Developer would agree that no A:2- 516cc.doc Z -516 & ZV -646 May 17, 2000 Page 3 payment will be made to either the Developer or the property owner by the Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. g.. The Developer agrees that any billboard that is required to be relocated due to a conflict with a redevelopment project will be done at no cost to the City or the Redevelopment Agency not later than 30 days following the initiation of a redevelopment project on the site. Any site that requires relocation of the billboard will be selected jointly by the City and the Developer. The Developer further agrees that any billboard that requires relocation will be relocated to a site adjacent to the 1 -10 Freeway. -ZONE CHANGE Billboards are a legitimate land use regulated by state law and local ordinances. They can also be a very controversial land use in some communities. The following list summarizes of the pros and cons of billboards: Arguments in Favor of Billboards: • They can be an additional source of revenues to a City. • They can be used as an economic development tool by providing advertising opportunities for businesses within the City. • They require little to no demand on city services. Arguments Against Billboards: • Billboards are viewed by many people as "visual clutter". To those who share this belief, the proposed billboards could damage the visual image of Baldwin Park along the 1 -10 corridor. • They can be counter - productive to improving the image of the City. • A poor image can negatively impact the attraction of certain types of businesses to the City and /or developers posing future development projects. Most of the arguments against billboards focus around aesthetic issues and are highly subjective. While many communities ban new billboards and aggressively work to abate existing ones, other communities have no problems with them. It is up to individual communities to adopt standards that reflect the values of their respective communities. As the Councilmembers can see from the brief survey staff took of cities along both the 1.605 band 1 -10 Freeway, very few cities permit billboards along their freeway corridors. (Reference Exhibit 'E') Furthermore, although the City's current general Plan dos not specifically address the issues of billboards, staff is of the opinion that any proposed construction should be reviewed on a case -by- case basis to determine the impact upon the City as each particular property has different characteristics and circumstances. A:2- 516cc.doc Z -516 & ZV -648 May 17, 2000 Paqe 4 -ZONE VARIANCES -- -This art of the request will be moot should the Council ultimatel deny the zone change. The zone variances are being requested to exceed the maximum height, sign face area and front yard setback for the proposed billboard. Currently the Code allows a maximum height of 40 feet for a billboard, irregardless of where the proposed billboard is located (Arrow Highway, Ramona Boulevard, 1 -605 Freeway). As for the sign face area, the Code restricts the sign face area of a billboard to 600 square feet per side. Both of these City Code requirements relating to billboard height and sign face area were adopted in April 1969 and subsequently amended November 1970 after a moratorium was imposed due to the lack of specificity in the newly adopted regulations. The front yard setback (15') was adopted in 1986, when the then Council and Redevelopment Agency adopted the Sierra Vista Redevelopment Project Area and amended the City's Zoning Code. Staff is of the opinion that the variances are not necessary as stated in the findings of fact as there are no other properties along the 1 -10 freeway within the area bounded by the eastern boundary of the 1 -605 freeway and the western boundary of the Baldwin Park Boulevard vehicular overpass that have been granted an (0) Overlay zone enabling the construction of a billboard that meets the current zoning code requirements (reference Finding #2). Furthermore, the requested variances could adversely affect the current General Plan in that the billboard, if approved with the variances, may not be considered an improvement of the San Bernardino Freeway (reference Finding #4). - REDEVELOPMENT ISSUES As the Councilmembers are aware, this particular property is located within the Sierra Vista Redevelopment Project Area. There has been substantial interest in the redevelopment of this portion of the project area, along the freeway, from Puente Avenue, west to the 1 -605 Interchange, by various Developers. This particular property, however, is vacant and is located amongst several other properties that contain residential uses. Although the property is currently zoned OI, Office Industrial, the City, through the Draft General Plan process (Community Meetings and General Plan Vision Committee Meetings) is proposing that this property, along with the three (3) contiguous others, be rezoned from 01 to R1, single - family residential. According to the Draft General Plan, this property, along with the three (3) contiguous others are proposed to be rezoned R -1, single - family residential. The rezoning of the property to R -1, single - family residential seems more feasible than the current zoning (OI) due primarily to the lack of infrastructure that an industrial development consistent with the 01 zone would need and the surrounding properties being utilized and/or zoned as R1 as well. Finally, this area may be affected by future CalTrans projects for widening the freeway. Furthermore, staff is concerned that if the zone change is approved allowing the billboard, and the property is subsequently be rezoned from 01 to R -1 through the General Plan process, the City /Agency would ultimately be responsible finding a suitable location (subject to approval by the Developer) along the 1 -10 Freeway for the relocated billboard. - EXISTING BILLBOARDS -- HISTORY The two primary areas in the City that have the (0) Overlay Zoning designation are Arrow Highway between Baldwin Park Boulevard and Azusa Canyon Road and Ramona Boulevard north of Badillo AAZ- 516cc.doc Z -516 & zV -648 May 17, 2000 Avenue. Within these areas there are a total of twelve (12) existing billboards. As the Council is aware, nine (9) billboards were recently approved (zone changes and zone variances) in 1999. These billboards are located in Barnes Park (3), Cloverleaf Business Park (3), and the SCE Right- of-Way along the western boundary of the City. The analysis staff did on each of the entitlements and the determination of the Council was that the proposed billboards would be consistent with the development (existing and future) of these areas. Cloverleaf Business Park (Delta Redevelopment Project Area) was already completely redeveloped and the SCE Right -of -Way property was found to have very little development potential. In addition, the general location of all of the approved billboards was off of the 1 -605 Freeway. This area is not considered to be a major entrance into the City and therefore was found to be less of a negative visual impact on the area. - PLANNING COMMISSIONER'S COMMENTS At their meeting on April 26, 2000, a majority of the Commissioner's expressed concern regarding the proposed billboards. Several Commissioners were of the opinion that this portion of the 1 -10 Freeway is the 'gateway' through the City as several thousand cars pass along on this thoroughfare daily. Furthermore, they stated that the image of the City from this portion of the 1 -10 Freeway needs substantial improvement and that a proposed billboard may not improve the image of the City. Additionally, one Commissioner voiced an opinion stating that the revenue generated from the billboards could be beneficial to the City. For example, such funds could be utilized to subsidize scholarships to needy children enabling their participation in the City sports and recreation programs. The Planning Commission voted 4 to 1 to recommend denial on the proposed zone change to the City Council and denied the zone variances as well. RECOMMENDATION Staff and the Planning Commission recommend that the City Council: 1) deny the zone change; and 2) deny the zone variances. FINDINGS OF FACT — ZONE VARIANCE That there are no exceptional or extraordinary circumstances or conditions applicable to this property. The requested sign variances only enable the Applicant to construct 'industry standard' signs as opposed to designing and constructing a sign to meet the current Code requirements. Furthermore, the geographical constraints (Baldwin Park Boulevard vehicular overpass) surrounding the site may pose a hardship, however, vehicles traveling will be able to eventually see the proposed billboard perhaps at a closer range; and 2. That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 freeway and the west boundary of the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted the ability to have A:�Z- 516cc.doc Z-516 & V -648 May 17, 2000 an (0) Overlay zone and within that parameter construct a legal outdoor advertising structure by the City; and 3. That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the City Council has determined that the proposed billboard on this property are visually offensive and are not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass; and 4. That approval of the requested variances could adversely affect the General Plan. General Plan Land Use Policy 1.5 states that the City should `continue to improve the San Bernardino Freeway Corridor for commercial opportunities'. Although the requested variances are moot should the zone change be denied, if approved, the construction of the billboard could have a long -term negative impact upon how future developers view the developability of this lot. ATTACHMENTS: - Exhibit "A" dated May 17, 2000 - Exhibit "B ", Existing Zoning - Exhibit "C" Proposed Zoning - Exhibit "D ", Existing Billboard Locations - Exhibit "E" 1 -10 Billboard Survey - Exhibit "F ", Development Agreement - Planning Commission Resolution 00 -13 - Environmental Data - Application Forms and Statements - Ordinance 1163 REPORT PREPARED BY: Amy L. Harbin, Principal Plann" A:iZ- 61 6cc.dac - w Z � � m m 'v e ra' yam¢ a w � ° � Amy m a L1OCi Wy��y�5 ft.m z K ifi ca �md N v v,ww (� ova mow$ v W N x ¢�� (n �1w 7 0 i ❑ y w a V zz Z ��z5a �o¢o m W a cc o g y5m jo m Z - (ow m m O J p�i¢g t� J 2 Q ¢ fl tu H a Z ,0 CL Mo UA a a 7 y . � z s 'etlalo Tn e .. r�z 4 saw x� Lip mamm �a� rya � ') RUN- em JkkL AS �z EL *am a °a LLI0 m w _ r - �-�4 -- .�Spd El r ..s PLANNING Uff-111 1 Exhibit "B" N Existing Zoning CASE NO: Z -516 and ZV -658 ADDRESS: 843 Frazier Street Not to Seale Exhibit "C" N Proposed Zoning CASE NO: Z -516 and ZV -658 ADDRESS: 843 Frazier Street Not to Scale LEGEND Existing Billboards 1. Eller 2. Eller 3, Outdoor Systems 4. Vista Media 5, Unknown 6, Unknown 7, Ellef 8, Outdoor Systems 9, Vista Media ID. Eller 11. Eller 12. Outdoor Systems 13. Marlin* 14, Ken Spiker & Associates 16. Ken Spiker & Associates 16. Ken Spiker & Associates 17. Ken Spiker& Associates 18. Ken Spiker & Assoc{ates 19. Ken Soil & Associates 20, Ken Spiker & Associates 21. Ken Spiker & Associates 22. Ken Spiker & Associates I& Proposed Billboards 23. Ken Spiker & Associates 24, Ken Spiker & Associates 25. Ken Spiker & Associates 26, Ken Spiker & Associate 27. Ken Spiker & Associates 28. Ken Spiker & Associate * Nonconforming ♦ ol Exhibit "®" -W rooks pr. 777 ®r Live Oak Ave, 4 U., A Le —e —S�S—t. rrr (IoftyQfaphlcs\mcips�gillboardtocalions\Mop) F ............ Ramona MA z ad4ib A.. jR.0 ZI 10 (IoftyQfaphlcs\mcips�gillboardtocalions\Mop) Exhibit "E" 1 -10 & 1 -605 Billboard Survey The following table shows the response to the survey on cities along the 1 -10 and the 1 -605 Freeway that allow Billboards. Surveyed Cities along the 1-605 Freeway Pico Rivera No Whittier No Santa Fe Springs Yes Downey Yes Norwalk Yes Bellflower Yes Cerritos No Hawaiian Gardens Yes Surveyed Cities along the 1 -10 Freeway Monterey Park No Alhambra No San Gabriel No Rosemead No El Monte Yes West Covina No San Dimas No Pomona No Claremont No RECORDING REQUESTED BY: RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City of Baldwin Park WHEN RECORDED, MAIL TO: City Clerk City of Baldwin Park, California DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. DATE ADOPTED: TABLE OF CONTENTS P.P. aye RECITALS.......... ................. ..........I...........I........ 1 AGREEMENT ........................................................ 7 Section 1. Obligations of or Contributions by Developer ..................... 7 A. Timing of Development ....... ............................... 7 B. Payment of Fees ............ ............................... 7 C. Hold Harmless ............. ............................... 7 D. Equal Opportunity ........... ............................... 8 E. Public Service Advertisement Space ............................ 9 Section 11. Project Development ........ ............................... 10 A. Entitlement to Develop ...... ............................... 10 B. Permitted Density, Height and Uses ............................ 10 1. Surface Area ......... ............................... 10 2. Design of New Structures .............................. 10 3. Repair and Maintenance ............................... 10 4. Advertising .......... ............................... 10 C. Ministerial Approvals ........................................ 12 D. Rules, Regulations and Official Policies ........................ 12 1. Applicable Rules ...... ............................... 12 2. Conflicting Enactments ................................ 13 3. Moratorium .......... ............................... 13 E. Permitted Conditions and Fees . ............................... 13 F. Timing of Development ...... ............................... 14 G. Vesting of Developer's Rights . ............................... 14 Section III. Cooperaiion/Implementation .. ............................... 14 A. No Inconsistent Actions ..................................... 14 B. Further Assurances; Covenant to Sign Documents ................. 14 C. State, Federal or Case Law ... ............................... 15 D. Other Governmental Bodies ... ............................... 15 E. Cooperation in the Event of Legal Challenge ..................... 15 Section 1V. General Provisions .......... ............................... 16 A. Covenants Run with the Land . ............................... 17 B. Transfers and Assignments .................... I .............. 17 C. Statement of Compliance ..... ............................... 18 D. Default ................... ............................... E. Default by City .................. I ....................... . F. Legal Action .............. ............................... G. Waiver; Remedies Cumulative ............ ................... . H. Future Litigation Expenses .. ............................... . 1. Payment to Prevailing Party ....................... . ... . 2. Scope of Fees ........ ............................... I. Effective Date and Term ............... .................. . J. Supersedure by Subsequent Laws ............................ . K. Amendment of Agreement .............................. I ... . L. Operating Memoranda ...................................... Section V. Miscellaneous ............. ............................... A. Negation of Partnership ..................................... B. No Third Party Beneficiary .................................. C. Entire Agreement .......................................... D. Severability ............... ............................... E. Construction of Agreement .................................. F. Section Headings .......................................... G. Applicable Law ............ ............................... H. Notices ................................................. 1. Time is of the Essence ...................................... J. Recordation ............... ............................... 18 19 19 19 20 20 21 21 22 23 23 23 23 24 24 24 25 25 25 25 2& 26 . DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. THIS DEVELOPMENT AGREEMENT ( "Agreement") is made and entered in the City of Baldwin Park, County of Los Angeles, on this day of , 2000, by and between the City of Baldwin Park (hereinafter referred to as "City "), and KEN SPIKER AND ASSOCIATES, INC., a California corporation (hereinafter referred to as "Developer "). WITNESSETH: WHEREAS, City's Zoning Code, Section 153.395 (hereinafter referred to as the "Zoning Code ") regulates the construction of "Off-Site Outdoor Advertising Structures" (as defined in the Ordinance) to protect the quality and character of the visual environment of the community; to provide adequate opportunities for applicants to construct Off -Site Outdoor Advertising Structures as permitted the Zoning Code; and to enhance the local and regional economy by providing for Off-Site Outdoor Advertising Structures that may identify and promote businesses and organizations within the City and region; and WHEREAS, the Zoning Code allows an applicant to construct outdoor advertising structures upon properties designated as Outdoor Advertising District ( 0) overlay zones; and WHEREAS, California Government Code sections 65864 through 65869.5 were enacted authorizing local agencies to enter into binding development agreements wi persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Developer, its assignees or successors in interest, has a legal or equitable interest or seeks an interest in six (6) locations on real property within City, more particularly described in Exhibits "A -I" through "A -6 ", attached hereto and incorporated herein by this reference (hereinafter referred to individually as a "Property" or collectively as the "Properties "); and WHEREAS, Developer, its assignees or successors in interest, proposes to construct six (6) new Off Site Outdoor Advertising Structures (hereinafter referred to collectively as "New Structures ") on the Properties. The New Structures shall be located as follows- 1 structure at 13329 Garvey Avenue 1 structure at Dalewood Street adjacent to the Southern California Edison property I structure at 12911 -12921 Garvey Avenue 1 structure at 843 Frazier Street 1 structure at 1211 Baldwin Park Boulevard 1 structure at 12999 Garvey Avenue; and WHEREAS, Developer has requested City to enter into a development agreement pursuant to Government Code sections 65864, et seq., in order to set forth and define the terms and conditions for the construction of the New Structure; and WHEREAS, in consideration for this Agreement, Developer has agreed to pay 2 certain fees for the New Structure as defined herein; and WHEREAS, in consideration for this Agreement, Developer has agreed to make the New Structures available for public service announcements; and WHEREAS, in consideration for this Agreement, Developer has agreed to promote City businesses; and WHEREAS, in light of the substantial commitments agreed to by Developer pursuant to this Agreement, City desires to give Developer assurance that Developer can proceed with construction of the New Structures subject to the "Applicable Rules" (as hereinafter defined) for the term of this Agreement; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and its Council, and have been found to be fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation; and WHEREAS, the City Council has found that this Agreement, and construction of the New Structures on the Properties pursuant hereto, is consistent with City's general plan, any applicable specific plan, and the Applicable Rules and that there are no Applicable Rules that would prohibit or prevent construction of the New Structures on the Properties under this Agreement; and WHEREAS, City has made the following findings under its police and regulatory powers: (1) The New Structures will be located only within eligible areas; 3 (2) The New Structures are designed to be viewed primarily from a freeway or expressway; (3) The New Structures will not be constructed adjacent to and are not designated to be viewed primarily from an arterial or surface street within City; (4) The New Structures will be located within an Outdoor Advertising District ( O) Overlay zoning district; (5) This Agreement constitutes a written agreement with City concerning Developer's obligations to construct and maintain the New Structures; (6) The New Structures will not be located within: (i) a distance of ninety (90) feet from any property or premises containing a school, church or similar place of worship; and (ii) a distance of five hundred (500) feet from any other Off -Site Advertising Structure located on the same side of the freeway or expressway; (7) The New Structures will not be placed, in total or in part, upon the roof or parapet of any stricture or located on any wall nor will the New Structures project- over any public right -of -way; (8) The maximum height of any billboard, poster, painting or advertisement included within the New Structure will not exceed seventy -five (75) feet; (9) The surface area of each billboard face, poster, printing or advertisement included within the New Structures shall not exceed eight hundred (800 square feet; in the event that any of these New Structures is a back -to -back or v -type of EI Off -Site Outdoor Advertising Structure, the surface area of each billboard face, poster, printing or advertisement included within these New Structures shall not exceed eight hundred (800) square feet, excluding cutouts and extensions; (10) There shall be no more than two billboard faces for each of the New Structures upon which advertisements may be posted; (11) The New Structures will not endanger the health and safety of operators or motor vehicles through the use of motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause significant distractions. However, the New Structures shall be permitted to have standard lighting for its advertisements; and (12) Developer will provide City with written evidence that it has obtained all necessary permits for the construction of the New Structures from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code section 5200, et M.; and WHEREAS, pursuant to Section 153.395(A) of the City Zoning Ordinance, City has made the following findings under its police and regulatory powers: (1) the New Structures at the particular locations of the Properties will contribute to the general well being of the neighborhood or community; (2) the New Structures will not, under the circumstances of this particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity of the Properties or detrimental to the use, valuation or W, enjoyment of property or improvements in the vicinity of the Properties; (3) the Properties are of adequate topography, size and shape to accommodate the New Structures, as well a all yards, spaces, walls, fences, parking, loading, landscaping, and other features necessary to allow the New Structures with the land and uses in the neighborhood and to make it compatible thereto; (4) the Properties abut streets and highways adequate in width and improvements to carry traffic generations typical of Off -Site Outdoor Advertising Structures; and (5) the approval of the New Structures will not adversely affect the General Plan of City, or any other adopted plan of City and conforms to the provisions of the City Zoning Ordinance; and WHEREAS, City has prepared an Initial Study pursuant to the California Environmental Quality Act (Public Resource Code §§ 21000, et se ) ( "CEQA "). Based on the Initial Study, City has prepared, posted, circulated and, on adopted a negative declaration which confirms that construction of the New Structures as described below, in accordance with this Agreement would not have a potential for any significant environmental impacts. As each phase, as defined below, is presented to the City for approval, the City, at that time, shall review the subsequent phase for its compliance with CEQA; and WHEREAS, on April 26, 2000, the Planning Commission conducted a duly noticed public hearing on Developer's proposal to construct the New Structure; and 0 WHEREAS, on , after conducting a duly noticed public hearing; the City Council of City adopted Ordinance Number , approving this Agreement with Developer. AGREEMENT NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: Section I. Obli ations of or Contributions by Developer. In consideration of City entering into this Agreement, Developer agrees to perform certain obligations in connection with the construction of the New Structures, which will have an overall benefit to City. These obligations include: A. T4uing of Development. As of the "Effective Date (as hereinafter defined), Developer shall be entitled to building permits for the six (6) New Structures at the general locations designated in Exhibit "B -1 ". B. Payment_ of Fees. Developer shall pay the following fees to City: 1. A one -time fee of one hundred thousand dollars ($100,000) for each New Structure, payable upon the issuance of a building permit for each New Structure for a total of six hundred thousand dollars ($600,000); 2. Developer shall pay City's normal business license fees and processing fees then in effect for building permits issued in accordance with the terms of this Agreement. 6 C. Hold harmless. Developer agrees to indemnify City, and any of its officers, employees or agents, and.hold City, and any of its officers, employees or agents thereof, harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of City), and for injury or damage to or destruction of property (including property of City), resulting from any and all actions or omissions of Developer's employees, agents or invitees, or any of its subcontractors or any of such subcontractor's employees, agents or invitees pursuant to this Agreement, notwithstanding that the claims, liabilities, obligations, and causes of action may have been partially caused by City, or its officers', agents' or employees' activities or possible negligence. In accordance with Section III.E. below, Developer also agrees to indemnify and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of this Agreement, D. E ual Ovvortunitv 1 • By signing this Agreement, Developer certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Government Code section 12940, in connection with employment, upgrading, promotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Developer agrees that it will comply with the N. affirmative action guidelines adopted by City. 2. Developer agrees that it shall, in all solicitations or advertisement for employees for any work covered by this Agreement, placed by, or on behalf of, Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, martial status, national origin, or ancestry. 3. Developer agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. Noncompliance with the affirmative action program will constitute a breach of the terms of this Agreement. E. Public Service Advertisement S ace. As described below, Developer shall post public service announcements on behalf of the City, or at the direction and sole discretion of the City, on two faces, for each of the three phases of the project, for thirty . (30) days each year on an annual basis. Developer shall post public service and other non - commercial displays related to City issues or events (other than political campaigns) or commercial displays at the request of the City, on the New Structures on a space available basis. City, one year prior to posting, shall determine and notify Developer when and on which of the New Structures the public service announcements will be posted. Developer shall not charge rent for such City posting time. Developer shall be responsible for the cost of producing such public service announcements. Section II. Project Development A. Entitlement to Develop. City hereby grants Developer the right to construct six (6) New Structares on each of the locations, subject to the conditions imposed by this Agreement and in accordance with the Applicable Rules. In granting the right for the Developer to construct New Structures on property owned by the City, the City also grants Developer access to the City's property for purposes of constructing the New Structures pursuant to the terms contained in this Agreement. B. Permitted Densitv. Height and Uses. The permitted uses, the density or intensity of use, the maximum height and size of proposed structures, and provisions for reservation or dedication of land for public purposes shalt be those set forth in this Agreement and the Applicable Rules. 1. Surface Area. The surface area of each billboard face, poster, printing or advertisement included within the New Structures, excluding cut -outs and extensions, shall not exceed 800 square feet. 2. Desigg of New Structures. Except as hereinafter provided, the New Strictures shall be of a single pole design. The construction of the New Structures shall be substantially as depicted on the site plans for each. 3. Repair and lVda. tenance. Developer shall keep the New Structures clean, graffiti free, and in good repair. Developer may replace the New Structures as appropriate, in its sole discretion. 10 4. Advertisin No advertisement on any New Structure built under this Agreement shall be displayed which would be indecent or obscene, including but not limited to advertisements for adult cabarets, bars, clubs or other establishments. Should the Director of Community Development, after consultation with the City Attorney, and in their reasonable discretion, determine that any advertising on any New Structure ,is indecent or obscene, City may, in exercise of City's police and regulatory powers, serve written notice upon Developer requiring the removal of such advertising pursuant to this paragraph. Developer shall remove all such advertising within three business days after City serves such notice. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. No advertisement on any New Structure shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device, including, but not limited to, words such as "Stop," "Look," "Drive-In," or "Danger." No New Structure shall display any tobacco advertisement where the tobacco product is the subject of the advertisement, but it shall be permissible when a tobacco advertisement is in conjunction with a sporting or community event. Additionally, Developer shall not advertise or display any copy promoting shopping centers in other cities, auto dealerships in other cities, or "big box" retail units in other cities. Should Developer fail to comply with the provisions of this paragraph, the Director of Community Development, after consultation with the City Attorney, may 11 serve written notice upon Developer requiring removal of the alleged improper advertisement. Developer shall remove all such advertising within three business days after City serves such notice. In the event that the alleged improper advertisement is not corrected within. three (3) business days after the notice is served on Developer, Developer shall pay a fine of five hundred dollars ($500.00) for each day the alleged improper advertisement continues to be displayed. Developer shall .have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. C. Ministerial Approvals. Developer shall obtain from City a separate building permit for each New Structure built, and each such permit shall be valid only for the particular location specified therein. Each application for a building permit shall conform to the Applicable Rules. In addition, each application for a building permit to install a New Structure shall be accompanied by evidence of a California Department of Transportation off -site advertising permit. City will use its best efforts to expedite the processing of Developer's applications to build the New Structures. D. Rules, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and construction standards and specifications applicable to the development of the Properties shall be those rules, regulations and official policies in force at the time of the Effective Date (hereinafter 12 referred to collectively as the "Applicable Rules ") 2. Conflicting Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building regulation adopted or becoming effective after the Effective Date of this Agreement, which would, absent this Agreement, otherwise be applicable to the construction, maintenance and/or use of the New Structures by Developer and which would conflict in any way with or be more restrictive than the Applicable Rules, shall not be applied by City to the New Structures. The parties acknowledge and agree that any such subsequent conflicting enactment may apply to any existing Off -Site Outdoor Advertising Structures, other than the New Structures. 3. Moratorium. No City imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the construction of all or any part of the New Structures) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), demolition permits, building permits, occupancy certificates or other entitlement to use or service approved, issued or granted within City, or portions of City= shall apply to the New Structures to the extent such moratorium or other limitation is in conflict with this Agreement. E. Permitted Conditions and Fees. Subject to the fees set forth in this Agreement, no additional mitigations, conditions, exactions; dedications or fees, whether adopted through the exercise of either the police power, the taxing power or any other authority, shall be imposed by City on the construction and/or maintenance of the New 13 Structures, except as expressly provided in this Agreement. F. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to develop the Properties in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. However, the parties agree that Developer will build the New Structures in accordance with the phasing set forth in Section LA. G. Vesting of Developer's Ri ts. The rights and entitlements granted. to Developer, pursuant to this Agreement, shall be and constitute "vested rights" or the equivalent of "vested rights" as that terra is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, and construct the New Structures on the Properties. Section III. Coo eration/im lementation. A. No Inconsistent Actions. Except as required by any unstayed court order, neither City, nor any of its agencies, officers or employees, shall take any action that is inconsistent with the terms of this Agreement. B. Further_ Assurances; Covenant to Sign Documents. Each party shall take all 14 actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. C. State, Federal or Case„ Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to conform with the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, its City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that is inconsistent with the terms of this Agreement. Nothing in this paragraph shall restrict or inhibit any individual member of City's City Council, Planning Commission or any other City agency who is also a member of another governmental body, the composition of which is different than the City's City Council, Planning Commission or other City agency, from exercising his or her discretion on such other governmental body. E. Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any 15 writ for injunctive relief, in which case City shall notify Developer immediately upon receipt. Developer shall defend City, its officers, agents and employees from any legal actions instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement in an amount not to exceed the City's self- insurance retention amount of $250,000.00; provided, however, that if City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Subject to City's right to approve such counsel, which approval shall not be unreasonably withheld or delayed, Developer shall be entitled to select counsel to conduct such defense, who shall be authorized to represent City as well as Developer; provided, however, if City .elects to select counsel, other than counsel selected by Developer, City shall be responsible for paying the fees and costs of counsel it selects. City shall not reject any reasonable settlement; if City does reject a settlement that is acceptable to Developer, Developer may settle the action,. as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement or to other development issues affecting construction of the New Structures shall not delay or stop the processing or issuance of any necessary demolition or building permit, unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. 16 Section 1V. General Provisions. A. Covenants Run with the Land. All of the provisions, agreementf powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring all or some of the Properties, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers And Assignments. Developer shall not assign any interest in this Agreement except in connection with the concurrent transfer of some or all of the Properties, without the prior written consent of City, which will not be unreasonably withheld. Notwithstanding the preceding sentence, Developer shall have the right to assign the six (6) New Structures f Regency Outdoor AdvertiD-I Upon any transfer of all or some of the Properties and assignment of this Agreement and delegation of all of Developer's obligations hereunder, with respect to the transferred properties, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement, and City agrees to look solely to the transferee for compliance with the provisions of this Agreement, as such obligations and provisions relate to the Properties acquired by such transferee. in addition, any amendment to this Agreement between City and a transferee shall only 17 affect the Properties owned by such transferee, and a default by any transferee shall only affect the Properties owned by such transferee. C. Statement of Compliance, Within ten (10) days following any written request which either City or Developer may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there is no uncured defaults in the performance of the requesting party, The Director of Community Development shall be authorized to execute any certificate requested by Developer hereunder. D. Default. Failure by City or Developer to perform any term or provision of . this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other, unless any such failure is the result of unstayed court order, shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. if the nature of the alleged default is such that it cannot reasonably be cured within such 30 -day period, the 18 commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 34 -day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate the Agreement pursuant to Government Code section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (34) calendar days in the manner set forth in Government Code sections 65867 and 65868. Following consideration of the evidence presented in the review before the City Council, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. E. Default by City, In the event City defaults defined in Section 1V.D. herein under the terms of this Agreement, Developer shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. in addition, the term of this Agreement will be extended by the same time as City is in default. F. Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of parties hereto. G. Waiver, Cumulative. Failure by City or Developer to insist upon 19 the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Developer of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Developer to take any action with respect to such default or breach. No express written waiver of any .defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement, shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section IV.D., all of the remedies permitted or available under this Agreements at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Future Li fi ation Expenses Pa ent to Prevailing P . If City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross - complaint, counterclaim, or third -party claim) by reason of defaults or breach, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding CO shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. I. Effective Date and Term. The Effective Date of this Agreement shall be thirty (30) days after City enacts an ordinance approving this Agreement ( "Effective Date "). The tern of this Agreement shall expire twenty (20) years from the. earlier to occur of (i) the construction of all of the New Structures, or (ii) twelve (12) months after the Effective Date of this Agreement. At least sixty (60) days before the end of the twenty (20) year term., Developer shall apply for a separate demolition permit for each New Structure. Provided that City has timely issued demolition permits, Developer shall remove all of the New Structures on or before the last day of the twenty (20) year term of this Agreement. In the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, City shall have the right to remove said remaining New 21 Structures and to charge Developer its actual costs of removal. In addition, in the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, Developer shall pay City a fine of either (i) five hundred dollars ($500.00) a day, or (ii) the actual amount of revenues received by Developer for the New Structures for the period following the end of the twenty (20) year term of this Agreement, whichever is greater. Developer hereby waives any causes of action it may have to postpone removal of the New Structures under this paragraph after the twenty (20) year term of this Agreement. Except for the Phase Two New Structures, notwithstanding the foregoing, Developer shall have the right to remove any of the New Structures at any time during the term of this Agreement and to terminate this Agreement with respect to the Property on which said New Structure was located. Supersedure b Subse cent Laws. If any, federal or state law, made or enacted after the Effective Date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Developer shall meet and confer in good faith to determine the feasibility of any such modification based on the effect such modification would have on the purposes and intent of this Agreement. Developer and City shall have the right to challenge the new.law preventing compliance with the terms of this Agreement, and in the event such challenge is 22 successful, this Agreement shall remain unmodified and in full force and effect. K. Amendment of AgLeement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code sections 65867 and 65868 or their successor sections, and provided a public hearing is conducted prior to any amendment of this Agreement. L. OP—e—rating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Properties hereunder may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The Director of Community Development shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section W.K. The Director of Community Development may execute any operating memoranda hereunder. Section V Miscellaneous. 23 A. Ne ation of Partnership. The Properties constitute private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiazy. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein:. No testimony or evidence or any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or grossly 24 inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, certified or express mail, return receipt requested, with postage prepaid, to the mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Developer: Ken Spiker and Associates, Inc. 14156 Magnolia Boulevard, Suite 103 Sherman Oaks, CA 91423 25 Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten (l p) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 1. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof J. Recordation. In order to comply with section 65868.5 of the Government Code, the parties do hereby direct the City Cleric to record a copy of this Agreement against each of the Properties with the County Recorder of Los Angeles County within ten (10) days after the Effective Date: [end of text. signatures on next page] M IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CITY" CITY OF BALDWIN PARK "DEVELOPER" KEN SPIKER AND ASSOCIATES, INC. 27 President EXHIBITS A -I THROUGH A -6 TO BE PROVIDED f'] wM*01 10111610 Milk 163RU0111111141111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL DENY A ZONE CHANGE FROM 01 TO OI (0) TO CREATE AN OUTDOOR ADVERTISING OVERLAY DISTRICT AND DENYING ZONE VARIANCES SEEKING THE PROPOSED OUTDOOR ADVERTISING STRUCTURE TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA, AND TO ALLOW LESS THAN THE MINIMUM REQUIRED FRONT YARD SETBACK (APPLICANT: REGENCY OUTDOOR ADVERTISING; LOCATION: 843 FRAZIER STREET; CASE NO.: Z -516 & ZV -658). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications for a Zone Change and Zone Variance ( "Applications ") were submitted by Regency Outdoor Advertising ( "Applicant ") on behalf of the owners of certain real property, located at 843 Frazier Street in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) That the Zone Change is requesting that the property be rezoned from 01 to Ol (0) to enable the construction of an outdoor advertising structure on that portion of the property that is adjacent to the 1 -10 San Bernardino Freeway; and C) That the Zone Variances are requesting approval to allow the construction of a billboard sign along the 1 -10, San Bernardino Freeway that exceeds the maximum allowable height, sign face and less than the minimum required front yard setback area pursuant to Sections 153.395 (B) (6), (7) and 153.183 (A) of the City's Municipal Code; and d) That a duly noticed public hearing was held relating to the Applications by the Planning Commission wherein evidence relating to the Applications was presented, including but not limited to, applicable staff reports, a proposed development agreement, and testimony from the Applicant and other interested parties; and e) Based upon evidence presented at the public hearing, 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 such Applications are not present and that the Zone Change should be recommended for denial by the City Council, and the Zone Variance should be denied. SECTION 2, That the Planning Commission does hereby adopt the following Statement of Facts applicable to the Zone Change: a) That the City's General Plan does not address the issues of outdoor advertising structures (billboards), therefore, any proposed construction of an outdoor advertising structure should be reviewed on a case -by -case basis to determine the impact on the City. In the circumstances presented by the evidence available, the proposed outdoor advertising structure could be visually damaging to the City and would not be an appropriate land use along this segment of the 1 -10, San Bernardino Freeway, the "gateway" through the City; and ,:F4r .y 44T, Resolution No, PC 00 -13 843 Frazier Street April 26, 2000 Page 2 b) That the property at issue is within the Sierra Vista Redevelopment Project Areas, where there is substantial interest in the redevelopment of this area. The proposed construction of an outdoor advertising structure on this property could negatively impact the interests of new or existing businesses or developers, so as to impede the development of this area. SECTION 3. That the Planning Commission does hereby adopt the following Findings of Fact applicable to the Zone Variance: a) That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved without the zone change from OI to OI (0). The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the property, its geographical constraints and the existing freestanding sign may impose a hardship on the property at being able to construct within the limits of the City's Zoning Code; however, the denial of the zone change request by the Applicant renders these zone variance issues moot; and b) That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 and 1 -10 freeway interchange and the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted by the City the ability to have a legal outdoor advertising structure; and c) That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the Planning Commission has determined that the proposed billboard on this property is visually offensive and is not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass. The requested variances would allow the billboards to be more visible and therefore, could be materially detrimental to the public welfare; and d) That approval of the requested variances may adversely affect the General Plan, in that, potential developers surveying the 1 -10, San Bernardino Freeway for development possibilities could be visually offended by an outdoor advertising structure which in turn could limit the future developability of this portion of the freeway corridor. Allowing the construction of an outdoor advertising structure on this portion of the 1 -10, San Bernardino Freeway could be contrary to General Plan Land Use Element Goal 1.5 which states that the City should continue to improve the San Bernardino Freeway Corridor for commercial opportunities. SECTION 3. That the Planning Commission, at the time of the public hearing on the above matter, reviewed and considered the proposed Negative Declaration of Environmental Impact. That the Planning Commission, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby recommends that the City Council adopt the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolution No. PC 00 -13 843 Frazier Street Aprii 26, 2000 Page 3 01_i11 *u PASSED AND APPROVED this 26" day of April 2000. AMYL. HARBIN, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA j COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, AMY L., HARBIN, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 00 -13 was duly and regularly .approved and adopted by the Planning Commission at a regular meeting thereof, held on the 261" day of April, 2000 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Huetinck, Villegas, Perez, Oclaray Magdaleno None None AMY L. HARBIN BALDWIN PARK PLANNING COMMISSION CITY OF BALDWIN PARK 1 w► � 7 DATE: February 28, 2000 APPLICANT: Regency Outdoor Advertising TYPE OF PERMIT: Zone Change and Variance FILE NO.: Z -516 & ZV -658 LOCATION OF PROJECT: 843 Frazier Street, Baldwin Park, CA 91706 DESCRIPTION OF PROJECT: Zone change and zone variance to allow the creation of an Outdoor Advertising District overlay zone and to allow the installation of one (1) billboard sign which exceeds the maximum allowable height and sign face area and less than the minimum required front yard setback. It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission 0 City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached ❑x are not required (Signature) Principal Planner (Title) Date(s) of Public March 2, 2000 Notice: Legal advertisement ❑ Posting of the properties ❑ x Written notice (mswlformslnegdec) 1/97 CITY OF BALDWIN PARK INITIAL STUDY - I. BACKGROUND 1. Name of , Regency Outdoor Advertising, Inc. Proponent: 2. Address and Phone Number of Proponent: 8820 Sunset Boulevard, 2'd Floor West Hollywood, CA 90069 3. Date of Checklist Submitted: February 28, 2000 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if Zone change and zone variance to allow the creation of an applicable: outdoor advertising district overlay zone and to allow a billboard to exceed the maximum allowable height and sign face area and less than the minimum required front yard area. 6. File Number: Z -516 and ZV -658 tl ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in: Initial Study Z -516 and Z -658 843 Frazier Street PAGE 2 Air. Will the proposal result in 2.) substantial air emissions, deterioration of X ambient air quality, or change in climate? 3.) Water. Will the proposal result in a. Changes in ground water quality or quantity, or alterations of existing X drainage patterns? b. Storm water discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading dots, or other ° outdoor work areas? c. A significantly environmentally harmful increase in the flow rate or volume of X storm water runoff? d. A significantly environmentally harmful increase in erosion of the project site or X surrounding areas? e. Storm water discharges that would significantly impair the beneficial uses of X receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of drainage systems and water bodies? X 4.) Plant and Animal Life. Will the proposal ' result in change in the diversity of species, or X number of any species of plants or animals (including trees, shrubs, grass, crops, microilora and aquatic plants)? 5.) Noise. Will the proposal result in, a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 6.) Light and Glare_ Will the proposal produce new light and glare? X C:\SafvadoACEQA1Z-515.doc Initial Study Z -516 and Z -658 843 Frazier Street PAGE 3 7.) Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 8.) Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resource? b. Substantial depletion of any nonrenewable natural resources? X FI X 9.) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including but not X limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the location, distribution, density, or growth rate X of the human population of an area? 11.) Housing. Will the proposal affect existing housing, or create a demand for new X housing? 12.) Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or X movement of people and/or goods? b. Effects on existing parking facilities, or demand for new parking? X c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? C:IS a Ivado rVCE OMZ -516, doc Initial Study Z -516 and Z -658 843 Frazier Street PAGE 4 X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a substantial increase in the use of energy? X 15.) Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? ' X 16.) Human Health. Will the proposal result in the creation of any health hazard or potential X health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the X creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, C ASalvador\CEQAIZ -516. doc Initial Study Z -516 and Z -658 843 Frazier Street object or building? 19.) Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short - terra, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). PAGE 5 EI X EN c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where X the impacts on each resource are relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? C:\Salvador\CEQXZ-516.doc Initial Study Z -576 and 2-658 843 Frazier Street PAGE 6 III. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on X the environment, and a NEGATIVE DECLARATION will be prepared. Date: February, 28 2000 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) PRINCIPAL PLANNER (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth a. There will be no significant change in earth or geologic conditions resulting from the construction permitted under approval of this permit. b. Approval of this project will allow for the construction of a sixty five (65) foot high outdoor advertising structure (billboard) with a sign face area of 800 sq. ft. per side. C. There should be no increased erosion of the site with the related zone change and zone variances which will enable the construction of an outdoor advertising structure. d_ Approval of this project will not expose people or property to any hazards, geologic or otherwise, at any level greater than that deemed acceptable under the City's General Plan. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. CASaivador\CEQA\Z- 576.doc Initial Study Z -516 and Z -658 643 Frazier Street 2. Air PAGE 7 The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. However, the installation of billboard sign will not directly or indirectly result in increased air pollution. 3. Water Development of the site under this approval may result in an increase in impervious areas and increased surface run -off. Appropriate grading and drainage plans, as required by the City's Engineering Division, will mitigate potential drainage deficiencies. No adverse impacts are anticipated. 4. Pliant and Animal The project will not adversely affect the diversity or number of species on the site that the environment would be negatively impacted. In conjunction with the development, portions of the site will be landscaped which will result in the introduction of new species of vegetation including trees, shrubs, and grasses. This will have a positive impact upon the environment. 5. Noise Given the limited scale of potential development, the project will not have a significant noise impact upon the surrounding commercial area. The project will not create any new noise or subject people to unacceptable noise levels. Construction activities will cause temporary localized increases in existing noise levels, which could periodically be of a severe nature. However, construction activities should be limited in duration given the scale of allowable development and the City's Municipal Code requires that construction be performed between the hours of 7:00 a.m. and 7:00 p.m. so as to minimize the disturbance upon the surrounding neighborhoods. Consequently, there will be no significant short term or long -term noise impacts upon the environment. 6. Light and Glare New light and glare will be produced by new outdoor advertising structures. However, the. California State Department of Transportation regulates the lighting that would be produced by a new outdoor advertising structure along the 1 -10 San Bernardino Freeway. The light and glare that will be produced will in no way cause a negative impact upon the vehicles traveling along the highway nor on the adjacent properties. 7. Land Use The General Plan Land Use designation of the property, General Commercial, is consistent with the proposal, and will remain unchanged. The proposed billboard will not affect existing land uses. 8. Natural Resources Development of the site will have a negligible impact upon the rate of use of any natural resources. The City's General Plan addresses growth at a citywide scale and its relation to the rate of use of natural resources. Though lighting will be provided for the billboard, the project will have no significant increase in additional endrgy uses. C:ISaivador%CEQA1Z- 516.doc Initial Study Z -516 and Z -658 843 Frazier Street PAGE 8 9. Risk of Upset - Future development of the site as allowed for under this approval will not involve the handling of any significant amount of hazardous materials, and therefore will not present any risk of upset, including the explosion or release of hazardous substances. 10. Population The proposed zone change, adding the `0' Overlay designation, and zone variances relating to the construction of an outdoor advertising structure will not result in a net population increase. 11. Housing The proposed zone change and zone variances relating to the construction of an outdoor advertising structure will not generate a need to provide additional housing stock. 12. Transportation /Circulation The installation of a billboard will not have a measurable effect on the traffic. State standards for billboard construction and operation prohibits displays that "could potentially be hazardous to passing motorists. 13. Public Services a. It is anticipated that the project will not require additional fire services, however, since the project proposal has been submitted for Plan /Design Review, the Los Angeles County Fire Department has been afforded the opportunity to comment on the project proposal and all applicable conditions will have to be met by the Applicant prior to obtaining a building permits for both the proposed outdoor advertising structure. b. The proposed project will not result in an increase in demand on Police services. C. The project will not result in an increase in demand for school facilities. School impact fees for commercial projects are collected prior to the project obtaining a building permit and are intended to set -off any potential impact on school facilities. d. Given the limited scale of development which would occur on the site under this approval, the proposed project will not result in an increase in demand for additional parks or recreational facilities. The City's Development Tax, collected prior to occupancy is intended to offset any potential new demand for recreation facilities. e_ Given the limited scale of development which would occur on the site under this approval, there should be a negligible impact upon the maintenance of public facilities. However, since the project has been submitted for PIanlDesign Review, the Engineering Division has had the opportunity to formally review the plans to make a determination of what type of off -site improvements are needed. 14. Energy The development permitted under this approval will not have a significant effect on energy usage_ The City's General Plan addresses the impacts of citywide development upon regional energy usage. C \SaEvador\GEQA1Z- 516.doc Initial Study Z -516 and Z -658 843 Frazier Street 15. utilities PAGE 9 Development of the site will require provision of utility tie -ins as required by the City's Engineering Division. The development allowed under this approval is consistent with the general plan, which addresses the impact of citywide growth upon local and regional systems and facilities. 16. Duman Health Development of the site under this approval will not result in the creation of any health hazards or potential health hazards. 17. Aesthetics The proposed billboards will be clearly visible from the 1 -10 freeway. These particular segments of the freeway are not considered a scenic highway. Therefore, the project is not expected to result in the obstruction of any scenic views open to the public. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. Therefore, the proposed project will not result in the alteration of a significant archeological or historical site. q 19. Mandatory Findings of Significance a. The proposed amendments will have no impact fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long -term adverse environmental impacts, and is in keeping with the long -range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts are proposed to be mitigated to a level of insignificance. d. The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan_ C:1SalvadohCEQAV- 516.doc Initial Study Z -516 and Z -658 843 Frazier Street ENVIRONMENTAL INFORMATION FORM Date filed: February 28, 2000 General Information 1. Dame and address of developer or project sponsor: Regency Outdoor Advertising, Inc. 8820 Sunset Boulevard 2nd floor West Hollywood, CA 90069 2. Address of project: 843 Frazier Street Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8559 - 011 -008 PAGE 10 Name, address and phone number of person to be contacted concerning this project: City of Baldwin Park Amy L. Harbin, Principal Planner 14403 E. Pacific Avenue Baldwin Park, CA 91706 4. Indicate the number of the permit application to which this form pertains: Z -516 and ZV -658 5. List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Outdoor Advertising Display permits must be received by the State Department of Transportation (CalTrans). A Development Agreement will be required to memorialize the terms of the agreement. Existing zoning district: Oi, Office Industrial 7. Proposed use of site (Project for which this form is filed): Operation of one (1) billboard sign PROJECT DESCRIPTION The proposed project involves a request for approval of a zone change to create an Outdoor Advertising District (0) overlay zone designation to allow the installation of one outdoor advertising structure (billboard). A related request is for zone variances from: 1) Section 153.395 (B) (6) and (7) of the City's Zoning Code to allow the billboard to exceed the maximum allowable height and sign face area; and 2) 153.183 (A) of the City's Zoning Code to allow less than the minimum required front yard setback. C:1SalvadorlCEQA \Z- 516.doc Initial Study Z -516 and Z -658 843 Frazier Street ENVIRONMENTAL CHANGES . PAGE 11 Are the following items applicable to the project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns_ I 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTALw. CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1-605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 73,000 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population_ Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. C: iS a lv a d o rIC E 4A 1Z -516. doc APPLICATION ZONE CHANGE i. APPLICANT: NAME: Regency outdoor Advertisin , Inc. ADDRESS: 8820 Sunset Boulevard: 2nd Floor, West Hollywood, CA 90063 PHONE: (310) 657 -8883 STATUS ((honer of land, agent, Purchaser, etc.) Agent 2. PROPERTY OWNER: NAME: Foggs Investment of California Glen ADDRESS: 702 La Vida Lane, Arcadia, CA 91007 --8309 PHONE: 3. PROPERTY: ADDRESS: . 843 Frazier Street ZONE: 01 Office Industrial LOT SIZE: 43;100t sq. ft. 4. EXISTING USE OF PROPERTY: Vacant Lot 5. LEGAL DESCRIPTION: (Use description as it appears in your Grant Heed or attach deed) See attached 6. REQUEST: To create an Outdoor Advertising Overlay District on the property described. ZONING CODE SECTION NUMBERS: 153.315 7. CHANGES TO BE MADE TO PROPERTY- Install one two -face outdoor advertising structure. B. SPECIAL INFORMATION: None. 984 3. TO: PLANNING COMMISSION CITY COUNCIL CASE NO. I, the undersigned, hereby petition the Planning Commission and the City Council of the City of Baldwin Park for a change of zone on property at the locations noted in this application. JUSTIFICATION FOR REQUEST: 1. IN WHAT WAYS WILL THE USES PERMITTED BY THE ZONE CHANGE BENEFIT THE ADJOINING NEIGHBORHOOD AND THE CITY OF BALDWIN PARK? The proposed use will not require any City services and will financially benefit both the City (and thus all of the neighborhoods therein) and the property owner. II. IS THE PROPERTY INVOLVED IN THIS PROPOSED CHANGE MORE SUITABLE FOR THE PURPOSES PERMITTED BY THE PRESENT ZONE OR BY THE ZONE REQUESTED? WHY? (EXPLAIN YOUR ANSWER IN FULL DETAIL) The property involved in this request is suited for the uses allowed in the underlying zone as well as an outdoor advertising structure. The Baldwin Park Zoning Code specifically allows outdoor advertising structures in all zones wherein the Outdoor Advertising Overlay District has been applied. III. WOULD THE USES PERMITTED BY THE PROPOSED ZONE BE DETRIMENTAL TO SURROUNDING PROPERTY IN ANY WAY? (EXPLAIN REASONS SUPPORTING YOUR ANSWER) No. The outdoor advertising structure will be professionally installed and maintained and, therefore, will not be detrimental to the property on which it will be built or to any adjacent property. Outdoor advertising structures are legitimate land uses adjacent to freeways and have no demonstrated adverse economic or social impact. IV. LIST ANY DEED RESTRICTION WHICH AFFECT DEVELOPMENT OF THE PROPERTY. GIVE THE EXPIRATION DATE. Norte that will affect the proposed development. Sc n Mum PLEASE INCORPORATE THE PLANNING COMMISSION AND CITY COUNCIL FINDINGS OF FACT IN APPROVING ZONE CHANGES AND VARIANCES FOR OUTDOOR ADVERTISING STRUCTURES ADJACENT TO THE 605 AND 10 FREEWAYS IN THE CITY OF BALDWIN PARK (CLOVERLEAF BUSINESS PARK, BARNES PARK AND THE SOUTHERN CALIFORNIA EDISON PROPERTY) INTO THIS APPLICATION BY REFERENCE. u APP'LTCANTDralle Kennedy, P esident DATE FILED -2- AMOUNT PAID HEARING DATE FINDINGS of FACT ZV -647 & Z- 509 --440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways; and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 0 3. That approval of the requested variance. will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -510 & ZV -648— Barnes Park That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the 1- 605 freeway and the 1 -10/1 -605 interchange and 2. That approval of the requested . variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and I That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1 -1011 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -5'11 & ZV- 649 —SCE Right -of -Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved. The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith aelate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two J3. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. 114. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway- 5, For purposes of this document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). 16. That no objectionable copy will be displayed on any of the outdoor advertising structures. Objectionable copy will include, but not be limited to, advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc. If any copy is found to be objectionable by a majority vote of the City Council, it will be removed at no cost to the City. 17. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. yr` 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 . Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Paris September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 - 906 -9941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members_ Sincerely, I. 0 Drake Kenn dy President ds Enclosures 8820 Sunset Blvd. - 2nd Flow - Las Angeles, (A - 90069 Tel (320) 657 -8883 - Fax (310) 657 -8073 r..carru WOO r1).rt.rJ1L Ucrvir CITY OF BALDWIN PARK t PLANNING DIVISION- 114403 E. PACIFIC AVE BALDWIN PARK, CA 91706 i3A1� DAN (626) 813 -5269 P - A - R -K TYPE OF APPLICATION General Plan Amendment Zone Variance Zone Change Conditional Use Permit Code Amendment Administrative Adjustment Development Plan Specific Plan CRA Conceptual Approval Other APPLICATION INFORMATION Name of applicant(s) Regency Outdoor Advertising, Inc. Address 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069 Phone No. (310) 657 --8883 Capacity Agent Owner(s) of Record Foggs Investment of California Glen Owner's Address 702 La Vida Lane Arcadia, CA 91007 --8309 PROPERTY INFORMATION Location 843 Frazier Street Assessor Parcel Number(s) 8559 -011 -008 Tract and Lot Number(s) See attached Existing General Plan Designation Office Industrial Existing Zoning for each parcel OI Office industrial Existing Land Use Vacant Lot Code Section to be amended 153.395 ' Purpose of request To install one two -face outdoor advertising structure CERTIFICATION STATEMENT: I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that Itwe have familiarized myselffourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's iK+nied&y',r davit from the legal owner.) . Signature Drake Presi nt Date Signature Date., FOR CITY USE ONLY: File No.: Fee: Received by: Date: F:/NanninWTorms/Landapp `— ZONE VARIANCE Specific Stats Height Section 153.395(B)(6) Increase from 40 feet maximum height to 55160 "1 feet in height Size (Section 153.395(8)(7 Increase from 600 square feet maximum face size to 800 square feet face size Yards {Section 153.395(8) (2) Decrease frontlside yard setback from 15 feet to 4 feet (1) xly x = height of structure y = height of occasional appendages 10 -14 -99 FE-1 ZONE VARIANCE JUSTIFICATION STATEMENT (Height And _Siz� PROPOSAL The Baldwin Park Zoning Code specifically permits outdoor advertising structures in all zones where the Outdoor Advertising Display District has been applied, subject to specified conditions. This project meets all of the conditions, except the height limit and the sign face size limit. The City has adopted findings of fact indicating that the Outdoor Advertising Overlay District was developed specifically for City streets. On City streets speeds are low, the structures are located in close proximity to the drivers viewing the display, the grades of the travelled way and structures are the same, and major obstacles between the viewer and the structure are virtually non - existent. The proposed project presents different circumstances than anticipated when the Outdoor Advertising Overlay District and the off -site sign regulations were developed. This project is located adjacent to a freeway which accommodates. very high speeds and which has major visual obstacles to overcome to ensure that the driver has an unobstructed view of the display. Regency Outdoor Advertising, Inc. proposes that the City of Baldwin Park grant a variance to allow one two -faced outdoor advertising structure on the noted site that does not comply with the City of Baldwin Park Municipal Code, specifically Sections 153.395(B)(6)(7) which relate to height and size. Specifically, the Baldwin Park Municipal Code Sections 153.395(B)(6)(7) allow outdoor advertising structures to be a maximum of 40 feet in height (measured from the grade of the site on which the structure is placed) and have a face area of 600 square feet. The proposed structure will be higher than 40 feet with embellishments and will have a sign face a maximum of 800 square feet in area, including embellishments (see plans and cross sections for specifics). Pursuant to Section 65906 of the State of California Planning and Zoning laws, a variance may be granted when there are specific physical circumstances that distinguish the project site from its surroundings and these unique circumstances would create an unnecessary hardship for the applicant if the usual zoning standards are imposed. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements. -1- 1. THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY INVOLVED OR TO THE -_ INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. As noted above, the size and height of outdoor advertising structures are regulated by Section 153.395 of the Baldwin Park Zoning Code. Displays are limited to a height of 40 feet above finished grade with no more than 600 square feet of sign face. The location of the subject property and the potential and existing geographical and visual constraints impose a hardship on the property that does not allow it to enjoy the property rights of other properties located in the Outdoor Advertising Overlay District. The purpose of off -site advertising structures, as permitted in the Baldwin Park Zoning Code, is to provide an advertising display that is visible from adjacent travelled ways - -in this case, the 10 freeway. The location of the subject property in relation to adjacent properties and properties in close proximity thereto that may be developed or redeveloped creates the potential for visual obstructions_ The relationship of the subject property to the 10 freeway and the visual obstructions in connection therewith, such as the 605 vehicle overcrossing, the Athol vehicle overcrossing, the Bess Avenue pedestrian overcrossing and the Baldwin Park vehicle overcrossing, also impose visual constraints_ Collectively, the constraints constitute a hardship on the property which do not allow it to enjoy the property rights of other properties located in the existing Outdoor Advertising Overlay Districts, which are located on properties that front on local streets. On local streets, a 40 foot height limit is, in most cases, reasonable and workable because the speed of the traffic, the configuration of the traveled way, the height and placement of the structures, and the proximity of the outdoor advertising structure to the street is conducive to adequate viewing of the display by individuals in slow moving vehicles in close proximity to the display. In this case, however, in order to provide for appropriate visibility and sight distance from the adjacent 10 freeway the advertising structure needs to be higher than that permitted in the Zoning Code. V ith regard to the allowable size of the sign face, the industry standard for freeway advertising is 14 foot by 48 foot panels (672 square feet). In addition, appendages are added on occasion, which bring the total up to a maximum of 800 square feet. This size is deemed necessary to allow for proper scaling of freeway signage. To illustrate this point, City highways range from 80 to 100 feet in width whereas freeway right -of -ways average 220 feet to 300 feet. Speeds on City streets range from 30--45 miles per hour while speeds on the freeway range from 55 -75 miles per hour. Therefore, smaller sign faces (600 square feet) are adequate on the typical City street, as allowed by the Baldwin Park Zoning Code. However, to achieve the proper scale and thus visibility for the proposed freeway signage larger faces are required. The applicant's proposal is consistent with adjacent freeway signs. -2- F1 Clearly then, there are exceptional circumstances and conditions applicable to this site relative to other sites.in the same zone within the City. f - 2. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION. Variances are limited to those situations where the characteristics of the site make it difficult to develop under standard application of the Zoning Code. As indicated in the above justification, the use of the site for the proposed purpose is constricted by existing and potential adjacent development and the visual obstructions noted which are dissimilar to the conditions on local streets for which the Outdoor Advertising Overlay District and the applicable off -site sign regulations were developed. The granting of the variance (additional height and size) will allow the applicant to enjoy the property rights enjoyed by similar properties within the City which are in the Outdoor Advertising Overlay District and are located on local City streets. The strict application of the Zone's development standards, which were clearly developed for outdoor advertising structures located directly adjacent to City streets which have no vehicle or pedestrian overcrossings or other visual obstacles, put this property owner at a disadvantage since this application involves property which is affected by potential adjacent development obstructions and visual obstructions on the travelled way and is adjacent to a heavily travelled high speed freeway instead of a local street with no visual obstacles and restricted speeds. The variance is required for the preservation and enjoyment of a substantial property right which the other properties that allow outdoor advertising structures in the City enjoy. 3. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. The location of the outdoor advertising structure is extremely valuable from an advertisement point of view. The structure will be sought after by major companies as a way of promoting their business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. In addition, outdoor advertising structures are a legitimate business, are built and maintained to the same standards as other businesses and, in this particular case, will have no adverse impact on the property on which they will be located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. -3- 4. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. _t The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions and processes set forth in the Code and which are consistent with the General Plan. In addition, the Baldwin Park General Plan, which contains Planning Commission And City Council adopted policy guidance, has no policies that directly or indirectly preclude or discourage outdoor advertising structures. In fact, the General Plan is silent on off site advertising. Therefore, the variance will not adversely impact the General Plan of the City of Baldwin Park. NOTE: Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Parr and the Southern California Edison property. 10-01-99 FEW ZONE VARIANCE JUSTIFICATION STATEMENT Setbacks PROPOSAL This application is a request to allow an outdoor advertising structure to encroach into the front yard setback area. Specifically, the request would allow a variation of the Baldwin Park Municipal Code that establishes front yard setbacks in commercial and industrial zones. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements: THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. An outdoor advertising structure, as defined by the City of Baldwin Park Municipal Code, is a sign. As is evident in the City, many properties in similar zones have been allowed to install signs in the front yard setback area. Clearly, the exceptional and extraordinary circumstances that applied to these properties are applicable to this property. Failure to allow this property to enjoy the property rights that have already been granted to similar properties in similar zones is contrary to the provisions of the Baldwin Park Municipal Code. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY. SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION. Similar commercial zones adjacent to and throughout the City have routinely installed freestanding sign structures in the front yard setback area. Utilizing specific plans and appropriate variances, these property owners are able to encroach into the front yard setback area. This application will allow the subject property owner to enjoy the same property rights that have been granted and enjoyed by similar properties in similar zones. Clearly, there are exceptional circumstances and conditions applicable to this site relative to other sites in the same zone within the City. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. r The location of this outdoor advertising structure is extremely valuable from an advertisement point of view. This structure will be sought after by major companies as a way of promoting business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. The outdoor advertising structure will have no adverse impact on the property in which it is located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions of the Code that allow property owners relief from the application of zoning standards when the findings outlined in this justification statement are applied. On this basis, the granting of a variance to reduce the front yard setback area to allow an outdoor advertising structure will not adversely affect the General Plan of the City of Baldwin Park. NOTE: Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Park and the Southern California Edison property. 10 -D1 -99 -2- FINDINGS OF FACT ZV -647 & Z- 509 -440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed .sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and R 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways_ 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or I -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -510 & Z1/ -649 -- Barnes Park That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets: The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the 1- 605 freeway and the 1 -1011 -605 interchange and 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1- 1011- 605.interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -519 & ZV- 649 --SCE Right -of -Wa 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved. The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per projector $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. rad- _ 8820 Sunset Blvd. • 2nd Floor • Los Angeles, LA - 90059 Tel (310) 657 -8883 • Fax {310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 9599 Page Two 13. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. V4. That the developer will relocate any structure that is `required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this document, "initiation of a project " includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project, and 3) the actual initiation of construction of a project (the erection of buildings). J6. That no objectionable copy will be displayed on any of the outdoor advertising structures. Objectionable copy will include, but not be limited to, advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc. If any copy is found to be objectionable by a majority vote of the City Council, it will be removed at no cost to the City. 17. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. l�. i yr' ;.✓ �cc�� 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September i, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the.same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818- 906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. A Sincerely, Drake Kenn dy President ds Enclosures ✓� r- i' 8820 Sunset Blvd. - 2nd floor - Los Angeles, CA - 90069 Tel (310) 657 -8883 - Fax (310) 657 -8073 ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM OI TO 01 (0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE OF THE SUBJECT PROPERTY (APPLICANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; CASE NO.: Z- 516). THE CITY COUNCIL. OF THE CITY OF BALDWIN PART{ DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin park does hereby find, determine and declare as follows: a) That the owner of certain real property filed an application for a change of zone from 01, Office Industrial to 01 (0), Office industrial Sierra Vista Overlay for the real, vacant property located at 843 Frazier Street, described more particularly in the said application which is on file in the office of the Secretary of the Planning Commission of the City; and b) That pursuant to the applicable provisions of the Planning and Zoning Law (Sections 658000 et seq. Of the Government Code of the state of California) studies were commenced for the purposes of amending the Zoning Map of the City of Baldwin Park; and C) That a duly noticed public haring was held upon said matter by the Planning Commission, and based upon the evidence presented, it was determined that the public necessity, convenience, and general welfare warranted that it recommended approval of the reclassification to 01 (0); and d) That the City Council conducted a duly noticed public hearing on said matter and based upon each member of the Council being familiar with the site it was determined that the public interest, necessity, convenience and general welfare warrant the change in zone classification, herein described. SECTION 2. That notwithstanding the provisions of Sections 153.630 - 153.646 of the Baldwin Park Municipal Code, the Zoning Classification of the property be and is hereby reclassified from 01 to zone 01 (0). SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed negative Declaration of Environmental Impact, and comments relating thereto. That the City Council, based on its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. PASSED AND APPROVED ON THE 17`h of MAY, 2000 MANUEL LOZANO, MAYOR Ordinance 1163 May 17, 2000 Paae 2 F-Al W N601A KATHRYN TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } CITY OF BAL ©WIN PARK ) I, KATHRYN TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon it's first reading at a regular meting of the City Council on May 17, 2000. That there after said Ordinance was duly approved and adopted at a regular meeting of the City Council on , 2000 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: KATHRYN TIZCARENO, CITY CLERK CITY COUNCIL AGENDA a CITY OF BALDWIN PARK STAFF R ftA77 2000 ITEM NO--&-! BALDWIN P - A , R , K TO: Mayor and Councilmembers FROM: Rick Forintos, Interim Community Development Director DATE: May 17, 2000 SUBJECT: Case Numbers: Z -517 & ZV -659; Request: A Zone Change to allow the creation of an Outdoor Advertising Display District (0) Zoning designation on a property adjacent to the 1 -10, San Bernardino Freeway and an appeal of the Planning Commission's decision to deny a zone variance to allow the proposed billboard to exceed the maximum height, sign face area and to encroach within the required front yard setback; Location: 12999 Garvey Avenue; Applicant: Ken Spiker & Associates representing Regency Outdoor Advertising. PURPOSE This report requests Council's consideration of the Planning Commission's recommendation relating to a request for a zone change from FC to FC (0) which would allow the construction of an outdoor advertising structure and an appeal of the Planning Commission's decision to deny zone variances requesting the billboard exceed the maximum allowable height, sign face area and to encroach within the street side yard area of an FC zoned lot. BACKGROUND Zone change and zone variance applications have been filed by Regency Outdoor Advertising to construct one (1) double -faced billboard sign within the Sierra Vista Redevelopment Project area. The subject property contains approximately 15,263 square feet (.35 acre) and is located on the North side of the 1 -10 freeway, located at the intersection of Garvey Avenue and Bess Avenue. The property's General Plan Land Use designation is General Commercial; the property is zoned FC, Freeway Commercial. This item originally came before the Planning Commission at their April 24, 2000 meeting. As the Council is aware, in the case of zone changes, the Planning Commission conducts a public hearing and at the conclusion makes a recommendation to the City Council pursuant to Section 153.637 of the City's Municipal Code. At the April 24, 2000 meeting, the Commission voted 4 -1 to recommend that the City Council deny the applicant's request to change the zone from FC to FC (0). (Refer to section entitled 'Planning Commissioner's Comments.) Section 153.395(A) of the City's Zoning Code allows billboard signs to be constructed on any property located within an Outdoor Advertising District (0) Overlay Zone. Currently, such districts only exist along Arrow highway, a short segment of Ramona Boulevard in the Auction Village area, and within the past year, along segments of the 1 -605, San Gabriel River Freeway and small portion of the 1 -10 San Bernardino Freeway between the western boundary of the 1 -1011 -605 interchange Z -517 & ZV -649 May 17, 2000 Paae 2 to the western City limits (see attached Exhibit "D "). Within (0) Overlay Districts, billboard signs are considered permitted uses and do not require Planning Commission approval to install as long as they comply with the development standards (i.e. yard areas, maximum height, maximum sign face area, etc.) listed in Section 153.395(6) of the Code. The California Business and Professions Code — Outdoor Advertising Act — contains further regulations applicable to the construction and maintenance of billboards along interstate highways (i.e. 1 -10 and 1 -605). Section 5402 of the Business and Professions Code requires permits to be obtained through CalTrans before billboards can be installed along a freeway. State standards prohibit obscene, indecent or immoral images from being displayed on billboards. Furthermore, State regulations also prohibit displays that distract or confuse motorists, DISCUSSION - APPLICANT'S PROPOSAL Applicant's request consists of two parts: 1) a zone change to apply the (0) Overlay Zone to the freeway frontage portion of this particular property from 1 =C to FC (0); and 2) a zone variance to allow each of the three billboard signs to exceed the maximum. height (from 40' to 65), exceed the maximum allowable sign face area (from 600 sq. ft. to 800 sq. ft.); and encroach into the street side setback (from 10' to 7'). In return for the requested zoning approvals, the applicant has offered to enter into an agreement with the City wherein the applicant would agree to the following terms: a. That the term of the approvals shall be twenty (20) years; and b. A one -time payment of $100,000 for the two -faced outdoor advertising structure shall be paid to the City immediately prior to the issuance of the building permit; and c. That no objectionable copy will be displayed such as advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc.; and d. That due to the difficulty of defining all objectionable advertising in writing, the applicant will agree that.any copy determined objectionable by the City will be removed within seventy -two hours of receipt of a request by the City; and e. That the City of Baldwin Park will be provided outdoor advertising space (one face) for thirty (30) days each year on the approved structure. The City will specify one year in advance the time of the year the space is needed and the City will specify the copy desired sixty days in advance of its being displayed. Copy desired by the City will be designated and produced by the applicant and will be installed and de- installed at no cost to the City. It would be assumed by both the Developer and the City that the outdoor advertising structures and their use have no value to the property owner or the developer and if, a redevelopment project is initiated on the site where the structure is located. The appraisal of the sites where the outdoor advertising structure is located will not include improvement value based on the existence of the outdoor advertising structure. The Developer would agree that no AAZ- 517cc.doc -517 & V -649 May 17, 2000 Pape 3 payment will be made to either the Developer or the property owner. by the Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. g. The Developer agrees that any billboard that is required to be relocated due to a conflict with a redevelopment project will be done at no cost to the City or the Redevelopment Agency not later than 30 days following the initiation of a redevelopment project on the site. Any site that requires relocation of the billboard will be selected jointly by the City and the Developer. The Developer further agrees that any billboard that requires relocation will be relocated to a site adjacent to the 1 -10 Freeway. -ZONE CHANGE Billboards are a legitimate land use regulated by state law and local ordinances. They can also be a very controversial land use in some communities. The following list summarizes of the pros and cons of billboards: Arguments in Favor of Billboards: • They can be an additional source of revenues to a City. • They can be used as an economic development tool by providing advertising opportunities for businesses within the City. • They require little to no demand on city services. Arguments Against Billboards: • Billboards are viewed by many people as "visual clutter". To those who share this belief, the proposed billboards could damage the visual image of Baldwin Park along the 1 -10 corridor. • They can be counter - productive to improving the image of the City. • A poor image can negatively impact the attraction of certain types of businesses to the City andlor developers posing future development projects. Most of the arguments against billboards focus around aesthetic issues and are highly subjective. While many communities ban new billboards and aggressively work to abate existing ones, other communities have no problems with them. It is up to individual communities to adopt standards that reflect the values of their respective communities. As the Councilmembers can see from the brief survey staff took of cities along both the I -605 band 1 -10 Freeway, very few cities permit billboards along their freeway corridors, particularly the 1 -10 Freeway. (Reference Exhibit 'E') Furthermore, although the City's current General Plan does not specifically address the issues of billboards, staff is of the opinion that any proposed construction should be reviewed on a case -by- case basis to determine the impact upon the City as each particular property has different characteristics and circumstances. -ZONE VARIANCES --- This part of the request will be moot should Commission /Council deny the zone chan e. A1Z- 517cc.doc Z -517 & ZV -640 May 17, 2000 Page 4 The zone variances are being requested to exceed the maximum height, sign face area and front yard setback for the proposed billboard. Currently the Code allows a maximum height of 40 feet for a billboard, irregardless of where the proposed billboard is located (Arrow Highway, Ramona Boulevard, 1 -605 Freeway). As for the sign face area, the Code restricts the sign face area of a billboard to 600 square feet per side. Both of these City Code requirements relating to billboard height and sign face area were adopted in April 1969 and subsequently amended November 1970 after the then City Council imposed a moratorium due to the lack of specificity in the newly adopted regulations. The front yard setback (10') was adopted in 1986, when the then Council and Redevelopment Agency adopted the Sierra Vista Redevelopment Project Area and amended the City's Zoning Code. Staff is of the opinion that the variances are not necessary as stated in the findings of fact as there are no other properties along the I -10 freeway within the area bounded by the eastern boundary of the 1 -605 freeway and the western boundary of the Baldwin Park Boulevard vehicular overpass that have been granted an (0) Overlay zone enabling the construction of a billboard that meets the current zoning code requirements (reference Finding #2). Furthermore, the requested variances could adversely affect the current General Plan in that the billboard, if approved with the variances, may not be considered an improvement of the San Bernardino Freeway (reference Finding #4). - REDEVELOPMENT ISSUES As the Planning Commissioners are aware, this particular property is located within the Sierra Vista Redevelopment Project Area. There has been substantial interest in the redevelopment of this portion of the project area, along the freeway, from Puente Avenue, west to the 1 -605 Interchange, by various Developers. This particular property is vacant and a former Shell Service Station. Several years ago, the then Community Development Director on the behalf of the Redevelopment Agency hired GRC Associates, Inc. to study both the Sierra Vista and Puente Merced Redevelopment Project Areas which are adjacent to the 1 -10 San Bernardino Freeway and assess those areas for future development potential. As part of the economic development planning process for the study area, sessions were held with Agency Board Members, Planning Commissioners, members of the Project Area Committee (PAC), landowners and business owners within the area, and City staff, At these sessions, discussion focused on the ability of the Agency to raise revenue, improve infrastructure and make Baldwin Park more attractive to new and existing development and business. Furthermore, the Strategy includes a work plan which can be utilized as a guide to economic development efforts over the next twenty (20) years. However, as with strategies and plans of this nature, they should be revisited, especially with significant changes in the economy, retailing, and changes affecting the workforce (i.e, technological advances). According to the strategy... "The City of Baldwin Park is in a position to engage its residents and businesses in a collective effort to promote economic growth within the community. With careful planning and thoughtful review the community will be able to attract private investment, expand its business base, raise property values and improve the quality of life within the community." The Sierra Vista/ Puente Merced Freeway Corridor Economic Development Strategy classifies this area which is bounded by Garvey Avenue to the south, the Athol Street overpass to the west and Bess Avenue to the east as a near -term opportunity area. Near -term opportunity areas are areas that have possible development potential within the next five years. Additionally, this area has great visibility from the freeway. Potential impacts of developing the overall area include the A:2- 517cc.doc Z -517 & ZV -649 May 17, 2000 Page 5 relocation of the estimated 13 households and the impact of the motel and it's relationship to any future development. Finally, this area may be affected by future CalTrans projects for widening the freeway. - EXISTING BILLBOARDS -- HISTORY The two primary areas in the City that have the (0) Overlay Zoning designation are Arrow Highway between Baldwin Park Boulevard and Azusa Canyon Road and Ramona Boulevard north of Badillo Avenue. Within these areas there are a total of twelve (12) existing billboards. As the Council is aware, nine (9) billboards were recently approved (zone changes and zone variances) in 1999. These billboards are located in Barnes Park (3), Cloverleaf Business Park (3), and the SCE Right- of-Way along the western boundary of the City. The analysis staff did on each of the entitlements and the determination of the Council was that the proposed billboards would be consistent with the development (existing and future) of these areas. Cloverleaf Business Park (Delta Redevelopment Project Area) was already completely redeveloped and the SCE Right -of -Way property was found to have very little development potential. In addition, the general location of all of the approved billboards was off of the 1 -605 Freeway. This area is not considered to be a major entrance into the City and therefore was found to be less of a negative visual impact on the area. - PLANNING COMMISSIONER'S COMMENTS At their meeting on April 26, 2000, a majority of the Commissioner's expressed concern regarding the proposed billboards. Several Commissioners were of the opinion that this portion of the 1 -10 Freeway is the `gateway' through the City as several thousand cars pass along on this thoroughfare daily. Furthermore, they stated that the image of the City from this portion of the 1 -10 Freeway needs substantial improvement and that a proposed billboard may not improve the image of the City. Additionally, one Commissioner voiced an opinion stating that the revenue generated from the billboards could be beneficial to the City. For example, such funds could be utilized to subsidize scholarships to needy children enabling their participation in the City sports and recreation programs. The Planning Commission voted 4 to 1 to recommend denial on the proposed zone change to the City Council and denied the zone variances as well. RECOMMENDATION Staff and the Planning Commission recommend the City Council: 1) deny of zone change; and 2) deny the zone variances. FINDINGS OF FACT — ZONE VARIANCE That there are no exceptional or extraordinary circumstances or conditions applicable to this property. The requested sign variances only enable the Applicant to construct `industry standard' signs as opposed to designing and constructing a sign to meet the current Code requirements. Furthermore, the geographical constraints (Baldwin Park Boulevard vehicular overpass) surrounding the site may pose a hardship, however, vehicles traveling will be able to eventually see the proposed billboard perhaps at a closer range; and AAZ- 517cc.doc Z -517 & ZV -649 May 17, 2000 Page 6 2. That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 freeway and the west boundary of the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted the ability to have an (0) Overlay zone and within that parameter construct a legal outdoor advertising structure by the City; and 3. That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the City Council has determined that the proposed billboard on this property are visually offensive and are not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass; and 4. That approval of the requested variances could adversely affect the General Plan. General Plan Land Use Policy 1.5 states that the City should `continue to improve the San Bernardino Freeway Corridor for commercial opportunities'. Although the requested variances are moot should the zone change be denied, if approved, the construction of the billboard could have a long -term negative impact upon how future developers view the developability of this lot. ATTACHMENTS: - Exhibit "A ", dated May 17, 2000 - Exhibit "B" Existing Zoning - Exhibit "C" Proposed Zoning - Exhibit "D" Existing Billboard Locations - Exhibit "E" 1 -10 Billboard Survey - Exhibit "F ", Development Agreement - Planning Commission Resolution 00 -14 - Environmental Data - Application Forms and Statements - Ordinance 1164 REPORT PREPARED BY: Amy L, Harbin, Principal Plann` r A:2 517cc.doc M k � & � ƒ � � k \ � \ ' § Ll ;0R§ hr 4 m2 §.m 22) 2§ )Oa) )� ( V . 7 ) a q \ m § m � 2 .. � \ \\ 080 k§� z k § ƒ 2 } @t /§k ®� 4 O k q @m Z }} \) j \\ \. k �kS z fpm 2» \ "m ta 7b� ,� § . \EA d O 2 !k t¢ !! � _.CdQ__ _ � � Sd }\ M\ E � 2 }§ A ) § k q !k t¢ !! � _.CdQ__ _ � � Sd }\ M\ � 13 1 118 312€ Ex hibit "B"" N :existing Zoning CASE NO: Z -517 and ZV -659 ADDRESS: 12999 Garvey Avenue Not to Scale � e� 1>\r .0 00 r Exhibit "C" N Proposed Zoning CASE NO: Z -517 and ZV -659 ADDRESS: 12999 Garvey Avenue Not to Scale LEGEND Existing Billboards 1. Eller 2. Eller 3, Outdoor Systems 4, Vista Media 5. unknown 6. unknown 7. Eller S. Outdoor Systems 9. Vista Media 1 C Eller 11, Eller 12. Outdoor Systems 13. Martin* 14 Ken Spiker & Associates 15. Ken Spiker & Associates 16. Ken Spiker & Associates 17, Ken Spiker & Associates 18. Ken Spiker & Associates 19. Kerr Spiker & Associates 20. Ken Spiker & Associates 21. Ken Spiker & Associates 22. Ken Spiker & Associates * Proposed Billboards 23. Ken Spiker & Associates 24, Ken Spiker & Associates 25. Ken Spiker & Associates 25, Ken Spiker & Associate 27 Ken Spiker & Associates 28. Ken Spiker & Assocaate * Nonconforming Exhibit "D" of Baldwin Park r W V /r / i ` v _ f Los A geles 51. 6: i I 1 w I 6 I !r • —_4 r r _l �. d4 Ave. 1 � 1 ` r r-l`l - a f An�I Q / / r e m Mei Ma (Ea rrylg ra phicslma p5$ill bcord LocatlonslMa p( I I I 1 w 6 I !r • —_4 r r _l �. d4 Ave. r � 1 r-l`l f An�I i' e m (Ea rrylg ra phicslma p5$ill bcord LocatlonslMa p( Exhibit "E" 1 -10 & 1 -605 Billboard Survey The following table shows the response to the survey on cities along the 1 -10 and the 1 -605 Freeway that allow Billboards. Surveyed Cities along the 1 -605 Freeway Pico Rivera No Whittier No Santa Fe Springs Yes Downey Yes Norway Yes Bellflower Yes Cerritos No Hawaiian Gardens Yes Surveyed Cities along the 1 -10 Freeway Monterey Park No Alhambra No Sari Gabriel No Rosemead No El Monte Yes West Covina No San Dimas No Pomona No Claremont No RECORDING REQUESTED BY: RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 City of Baldwin Park WHEN RECORDED, MAIL TO: City Clerk City of Baldwin Park, California DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. DATE ADOPTED: Exhibi PF' TABLE OF CONTENTS Page RECITALS ........................... ............................... 1 AGREEMENT ........................ ............................... 7 Section 1. Obligations of or Contributions by Developer ..................... 7 A. Timing of Development ....... ............................... 7 B. Payment of Fees ............ ............................... 7 C. Hold Harmless ............. ............................... 7 D. Equal Opportunity ........... ............................... 8 E. Public Service Advertisement Space ........................... 9 Section II. Project Development ........ ............................... 10 A. Entitlement to Develop .. ............................... I ... 10 B. Permitted Density, Height and Uses ............................ 10 1. Surface Area ......... ............................... 10 2. Design of New Structures .............................. 10 3. Repair and Maintenance ............................... 10 4. Advertising ............. ........................... 10 C. Ministerial Approvals ........ ............................... 12 D. Rules, Regulations and Official Policies ........................ 12 1. Applicable Rules ...... ............................... 12 2. Conflicting Enactments . ............................... 13 3. Moratorium .......... .....................:......... 13.. E. Permitted Conditions and Fees . ............................... 13 F. Timing of Development ...... ............................... 14' G. Vesting of Developer's Rights . ............................... 14 Section III. Cooperation/Implementation .. ............................... 14 A. No Inconsistent Actions ...... ............................... 14 B. Further Assurances; Covenant to Sign Documents ................. 14 C. State, Federal or Case Law ... ............................... 15 D. Other Governmental Bodies ... ............................... 15 E. Cooperation in the Event of Legal Challenge ..................... 15 Section IV. General Provisions.. ........ ............................... 16 A. Covenants Run with the Land . ............................... 17 B. Transfers and Assignments ............. I ........... I ........ 17 C. Statement of Compliance ..... ............................... 1 18 D. Default ................... ............................... 18 E. Default by City ........ ... ............................... 19 F. Legal Action ....... ........ ............................... 19 G. Waiver; Remedies Cumulative .................. I ............. 19 H. Future Litigation Expenses ... ............................... 20 1. Payment to Prevailing Party ............................ 20 2. Scope of Fees ........ ............................... 21 1. Effective Date and Term ..... ............................... 21 J. Supersedure by Subsequent Laws 22 K. Amendment of Agreement .... ............................... 23 L. Operating Memoranda ....... ............................... 23 Section V. Miscellaneous ............. ............................... 23 A. Negation of Partnership ...... ............................... 23 B. No Third Party Beneficiary ... ............................... 24 C. Entire Agreement ........... ............................... 24 D. Severability ............... ............................... 24 E. Construction of Agreement ... ............................... 25 F. Section Headings ........... ............................... 25 G. Applicable Law ............ ............................... 25 H. Notices ................................................. 25 I. Time is of the Essence ....... ............................... 26 J. Recordation ............... ............................... 26 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, INC. THIS DEVELOPMENT AGREEMENT ( "Agreement") is made and entered in the City of Baldwin Park, County of Los Angeles, on this — day of , 2000, by and between the City of Baldwin Park (hereinafter referred to as "City "), and KEN SPIKER AND ASSOCIATES, INC., a California corporation (hereinafter referred to as "Developer"). WITNEaSE1H: WHEREAS, City's Zoning Code, Section 153.395 (hereinafter referred to as the "Zoning Code ") regulates the constriction of "Off -Site Outdoor Advertising Structures" (as defined in the Ordinance) to protect the quality and character of the visual environment of the community; to provide adequate opportunities for applicants to construct Off -Site Outdoor Advertising Structures as permitted the Zoning Code; and to enhance the local and regional economy by providing for Off -Site Outdoor Advertising Structures that may identify and promote businesses and organizations within. the City and region; and WHEREAS, the Zoning Code allows an applicant to construct outdoor advertising structures upon properties designated as Outdoor Advertising District ( O) overlay zones; and WHEREAS, California Government Code sections 65864 through 65869.5 were enacted authorizing local agencies to enter into binding development agreements wi persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Developer, its assignees or successors in interest, has a legal or equitable interest or seeks an interest in six (6) locations on real property within City, more particularly described in Exhibits "A-1" through "A -6 ", attached hereto and incorporated herein by this reference (hereinafter referred to individually as a "Property" or collectively as the "Properties "); and WHEREAS, Developer, its assignees or successors in interest, proposes to construct six (6) new Off-Site Outdoor Advertising Structures (hereinafter referred to collectively as "New Structures ") on the Properties. The New Structures shall be located as follows: 1 structure at 13329 Garvey Avenue 1 structure at Dalewood Street adjacent to the Southern California Edison property 1 structure at 12911 -12921 Garvey Avenue 1 structure at 843 Frazier Street 1 structure at 1211 Baldwin Park Boulevard 1 structure at 12999 Garvey Avenue; and WHEREAS, Developer has requested City to enter into a development agreement pursuant to Government Code sections 65864, et seq., in order to set forth and define the terms and conditions for the construction of the New Structure; and WHEREAS, in consideration for this Agreement, Developer has agreed to pay 2, certain fees for the New Structure as defined herein; and WHEREAS, in consideration for this Agreement, Developer has agreed to make the New Structures available for public service announcements; and WHEREAS, in consideration for this Agreement, Developer has agreed to promote City businesses; and WHEREAS, in light of the substantial commitments agreed to by Developer pursuant to this Agreement, City desires to give Developer assurance that Developer can proceed with construction of the New Structures subject to the "Applicable Rules" (as hereinafter defined) for the term of this Agreement; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by City and its Council, and have been found to be fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation; and WHEREAS, the City Council has found that this Agreement, and construction of the New Structures on the Properties pursuant hereto, is consistent with City's general plan, any applicable specific plan, and the Applicable Rules and that there are no Applicable Rules that would prohibit or prevent construction of the New Structures on the Properties under this Agreement; and . WHEREAS, City has made the following fua.dings under its police and regulatory powers: (1) The New Structures will be located only within eligible areas; 3 (2) The New Structures are designed to be viewed primarily from a freeway or expressway; (3) The New Structures will not be constructed adjacent to and are not designated to be viewed primarily from an arterial or surface street within City; (4) The New Structures will be located within an Outdoor Advertising District ( O) Overlay zoning district; (5) This Agreement constitutes a written agreement with City concerning Developer's obligations to construct and maintain the New Structures; (6) The New Structures will not be located within: (i) a distance of ninety (90) feet from any property or premises containing a school, church or similar place of worship; and (ii) a distance of five hundred (500) feet from any other Off-Site Advertising Structure located on the same side of the freeway or expressway; (7) The New Structures will not be placed, in total or in part, upon the roof or parapet of any structure or located on any wall nor will the New Structures project, over any public right -of -way; (S) The maximum height of any billboard, poster, painting or advertisement included within the New Structure will not exceed seventy -five (75) feet; (9) The surface area of each billboard face, poster, printing or advertisement included within the New Structures shall not exceed eight hundred (800 square feet; in the event that any of these New Structures.is a back -to -back or v -type of 4 Off -Site Outdoor Advertising Structure, the surface area of each billboard face, poster, printing or advertisement included within these New Structures shall not exceed eight hundred (800) square feet, excluding cutouts and extensions; (10) There shall be no more than two billboard faces for each of the New Structures upon which advertisements may be posted; (11) The New Structures will not endanger the health and safety of operators or motor vehicles through the use of motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause significant distractions. However, the New Structures shall be permitted to have standard lighting for its advertisements; and (12) Developer will provide City with written evidence that it has obtained all necessary permits for the construction of the New Structures from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code section 5200, et seq.; and WHEREAS, pursuant to Section 153.395(A) of the City Zoning Ordinance, City has made the following findings under its police and regulatory powers: (1) the New Structures at the particular locations of the Properties will contribute to the general well being of the neighborhood or community; (2) the New Structures will not, under the circumstances of this particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity of the Properties or detrimental to the use, valuation or 5 enjoyment of property or improvements in the vicinity of the Properties; (3) the Properties are of adequate topography, size and shape to accommodate the New Structures, as well a all yards, spaces, walls, fences, parking, loading, landscaping, and other features necessary to allow the New Structures with the land and uses in the neighborhood and to make it compatible thereto; (4) the Properties abut streets and highways adequate in width and improvements to carry traffic generations typical of Ofd Site Outdoor Advertising Structures; and (5) the approval of the New Structures will not adversely affect the General Plan of City, or any other adopted plan of City and conforms to the provisions of the City Zoning Ordinance; and WHEREAS, City has prepared an initial Study pursuant to the California Environmental Quality Act (Public Resource Code §§ 21000, et se ( "CEQA "). Based on the Initial Study, City has prepared, posted, circulated and, on adopted a negative declaration which confoms that construction of the New Structures as described . below, in accordance with this Agreement would not have a potential for any significant environmental impacts. As each phase, as defined below, is presented to the City for approval, the City, at that time, shall review the subsequent phase for its compliance with CEQA; and WHEREAS, on April 26, 2000, the Planning Commission conducted a duly noticed public hearing on Developer's proposal to construct the New Structure; and WHEREAS, on , after conducting a duly noticed public hearing; the City Council of City adopted Ordinance Number , approving this Agreement with Developer. AGREEMENT NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: Section I. Obligations of or Contributions by Develo er. In consideration of City entering into this Agreement, Developer agrees to perform certain obligations in connection with the construction of the New Structures, which will have an overall benefit to City. These obligations include: A. Timing of Development. As of the "Effective Date (as hereinafter defined), Developer shall be entitled to building permits for the six (b) New Structures at the general locations designated in Exhibit "B -1 ". B. Pa ent of Fees. Developer shall pay the following fees to City: 1. A one -time fee of one hundred thousand dollars ($100,000) for each New Structure, payable upon the issuance of a building permit for each New Structure for a total of six hundred thousand dollars ($600,000); 2. Developer shall pay City's normal business license fees and processing fees then in effect for building permits issued in accordance with the terms of this Agreement. 7 C. Hold Harmless. Developer agrees to indemnify City, and any of its officers, employees or agents, and hold City, and any of its officers, employees or agents thereof, harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of City), and for injury or damage to or destruction of property (including property of City), resulting from any and all actions or omissions of Developer's employees, agents or invitees, or any of its subcontractors or any of such subcontractor's employees, agents or invitees pursuant to this Agreement, notwithstanding that the claims, liabilities, obligations, and causes of action may have been partially caused by City, or its officers', agents' or employees' activities or possible negligence. In accordance with Section III.E. below, Developer also agrees to indemnify and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of this Agreement, D. Equal O ortuni - By signing this Agreement, Developer certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Government Code section 12940, in connection with employment, upgrading, promotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Developer agrees that it will comply with the E affirmative action guidelines adopted by City. 2. Developer agrees that it shall, in all solicitations or advertisement for employees for any work covered by this Agreement, placed by, or on behalf of, Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, martial status, national origin, or ancestry. 3. Developer agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. Noncompliance with the affirmative action program will constitute a breach of the terms of this Agreement. E. Public Service Advertisement Space. As described below, Developer shall post public service announcements on behalf of the City, or at the direction and sole discretion of the City, on two faces, for each of the three phases of the project, for thirty (30) days each year on an annual basis. Developer shall post public service and other non - commercial displays related to City issues or events (other than political campaigns) or commercial displays at the request of the City, on the New Structures on a space available basis. City, one year prior to posting, shall determine and notify Developer when and on which of the New Structures the public service announcements will be posted. Developer shall not charge rent for such City posting time. Developer shall be 9 responsible for the cost of producing such public service announcements. Section II. Project Development A. Entitlement to Develop. City hereby grants Developer the right to construct six (6) New Structures on each of the locations, subject to the conditions unposed by this Agreement and in accordance with the Applicable Rules. In granting the right for the Developer to construct New Structures on property owned by the City, the City also grants Developer access to the City's property for purposes of constructing the New Structures pursuant to the terms contained in this Agreement. B. Permitted DensiM Height and Uses. The permitted uses, the density or intensity of use, the maximum height and size of proposed structures, and provisions for reservation or dedication of land for public purposes shall be those set forth in this Agreement and the Applicable Rules. 1. Surface Area. The surface area of each billboard face, poster, printing or advertisement included within, the New Structures, excluding cut -outs and extensions, shall not exceed 800 square feet. 2. Design of New Structures. Except as hereinafter provided, the New Structures shall be of a single pole design. The construction of the New Structures shall be substantially as depicted on the site plans for each. 3. Re air and Maintenance. Developer shall keep the New Structures clean, graffiti free, and in good repair. Developer may replace the New Structures as appropriate, in its sole discretion. 10 4. Advertising. No advertisement on any New Structure built under this Agreement shall be displayed which would be indecent or obscene, including but not limited to advertisements for adult cabarets, bars, clubs or other establishments. Should the Director of Community Development, after consultation with the City Attorney, and in their reasonable discretion, determine that any advertising on any New Structure is indecent or obscene, City may, in exercise of City's police and regulatory powers, serve written notice upon Developer requiring the removal of such advertising pursuant to this paragraph. Developer shall remove all such advertising within three business days after City serves such notice. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. No advertisement on any New Structure shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device, including, but not limited to, words such as "Stop," "Look," "Drive -In," or "Danger." No New Structure shall display any tobacco advertisement where the tobacco product is the subject of the advertisement, but it shall be permissible when a tobacco advertisement is in conjunction with a sporting or community event. Additionally, Developer shall not advertise or display any copy promoting shopping centers in other cities, auto dealerships in other cities, or "big box" retail units in other cities. Should Developer fail to comply with the provisions of this paragraph, the Director of Community' Development, after consultation with the City Attorney, may 11 serve written notice upon Developer requiring removal of the alleged improper advertisement. Developer shall remove all such advertising within three business days after City serves such notice. In the event that the alleged improper advertisement is not corrected within three (3) business days after the notice is served on Developer, Developer shall pay a fine of five hundred dollars ($500.40) for each day the alleged improper advertisement continues to be displayed. Developer shall have the right to appeal the Director of Community Development's and City Attorney's decision to the City Council. C. Ministerial Approvals. Developer shall obtain from City a separate building permit for each New Structure built, and each such permit shall be valid only for the particular location specified therein. Each application for a building permit shall conform to the Applicable Rules. In addition, each application for a building permit to install a New Structure shall be accompanied by evidence of a California Department of Transportation off -site advertising permit. City will use its best efforts to expedite the processing of Developer's applications to build the New Structures. D. Rules Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreeament, the rules, regulations and official policies governing permitted asses, governing density, and governing design, improvement and construction standards and specifications applicable to the development of the Properties shall be those rules, regulations and official policies in force at the time of the Effective Date {hereinafter 12 referred to collectively as the "Applicable Rules ") 2. Conflicting Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building regulation adopted or becoming effective after the Effective Date of this Agreement, which would, absent this Agreement, otherwise be applicable to the construction, maintenance and/or use of the New Structures by Developer and which would conflict in any way with or be more restrictive than the Applicable Rules, shall not be applied by City to the New Structures. The parties acknowledge and agree that any such subsequent conflicting enactment may apply to any existing Off -Site Outdoor Advertising Structures, other than the New Structures. 3. Moratorium. No City imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the construction of all or any part of the New Structures) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), demolition permits, building permits, occupancy certificates or other entitlement to use or service approved, issued or granted within City, or portions of City, shall apply to the New Structures to the extent such moratorium or other limitation is in conflict with this Agreement. E. Permitted Conditions and Fees. Subject to the fees set forth in this Agreement, no additional mitigations, conditions, exactions, dedications or fees, whether adopted through the exercise of either the police power, the taxing power or any other authority, shall be imposed by City on the construction and/or maintenance of the New 13 Structures, except as expressly provided in this Agreement. F. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Ca1.3d 465 (1984), that failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to develop the Properties in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. However, the parties agree that Developer will build the New Structures in accordance with the phasing set forth in Section I.A. G. Vesting of Developer's Rights. The rights and entitlements granted to Developer, pursuant to this Agreement, shall be and constitute "vested rights" or the equivalent of "vested rights" as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, and construct the New Structures on the Properties. Section III. CooperatiogdWlementation. A. No Inconsistent Actions. Except as required by any unstayed court order, neither City, nor any of its agencies, officers or employees, shall take any action that is inconsistent with the terms of this Agreement. B. Further Assurances-, Covenant to Sign Documents. Each party shall take all 14 actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. C. State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to conform with the terms of this Agreement. D. Other Governmental Bodies. To the extent that City, its City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that is inconsistent with the terms of this Agreement. Nothing in this paragraph shall restrict or inhibit any individual member of City's City Council, Planning Commission or any other City agency who is also a member of another governmental body, the composition of which is different than the City's City Council, Planning Commission or other City agency, from exercising his or her discretion on such . other governmental body. E. Coo eration in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any I writ for injunctive relief, in which case City shall notify Developer immediately upon receipt. Developer shall defend City, its officers, agents and employees from any legal actions instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement in an amount not to exceed the City's self- insurance retention amount of $250,000.00; provided, however, that if City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Subject to City's right to approve such counsel, which approval shall not be unreasonably withheld or delayed, Developer shall be entitled to select counsel to conduct such defense, who shall be authorized to represent City as well as Developer, provided, however, if City elects to select counsel, other than counsel selected by Developer, City shall be responsible for paying the fees and costs of counsel it selects. City shall not reject any reasonable settlement; if City does reject a settlement that is acceptable to Developer, Developer may settle the action, as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. The filing of any third party lawsuit(s) against City or Developer relating to this Agreement or to other development issues affecting construction of the New Structures shall not delay or stop the processing or issuance of any necessary demolition or building permit, unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any.such order. M, Section IV. General Provisions. A. Covenants Run with the Land. All of the provisions, agreement!. powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring all or some of the Properties, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers An, d Assignments. Developer shall not assign any interest in this , , Agreement except in connection with the concurrent transfer of some or all of the Properties, without the prior written consent of City, which will not be unreasonably withheld. Notwithstanding the preceding sentence, Developer shall have the right to assign the six (6) New Structures I Regency Outdoor Advertising.. Upon any transfer of all or some of the Properties and assignment of this , Agreement and delegation of all of Developer's obligations hereunder, with respect to the transferred properties, Developer shall be relieved of and from further liability or responsibility for the obligations arising under this Agreement, and City agrees to look solely to the transferee for compliance with the provisions of this Agreement, as such obligations and provisions relate to the Properties acquired by such transferee. In addition, any amendment to this Agreement between City and a transferee shall only 17 affect the Properties owned by such transferee, and a default by any transferee shall only affect the Properties owned by such transferee. C. Statement of Compliance. Within ten (10) days following any written request which either City or Developer may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there is no uncured defaults in the performance of the requesting party. The Director of Community Development shall be authorized to execute any certificate requested by Developer hereunder. D. Default. Failure. by City or Developer to perform any term or provision of - this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other, unless any such failure is the result of unstayed court order, shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within. such 30 -day period, the 18 commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30 -day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate the Agreement pursuant to Government Code section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code sections 65867 and 65868. Following consideration of the evidence presented in the review before the City Council, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. E. Default by City. In the event City defaults defined in Section IV.D. herein under the terms of this Agreement, Developer shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. In- addition, the term of this Agreement will be extended by the same time as City is in default. F. Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of parties hereto. G. Waiver, Remedies Cumulative. Failure by City or Developer to insist upon 19 the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Developer of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Developer to take any action with respect to such default or breach. No express written waiver of any .defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of tune specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement, shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section IV.D., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. H. Future Litigation Ex eases Pa ent to Prevailing Party, If City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross - complaint, counterclaim, or third -party claim) by reason of defaults or breach, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding W shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable casts and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. Effective Date and Term. The Effective Date of this Agreement shall be thirty (30) days after City enacts an ordinance approving this Agreement ( "Effective Date "). The term of this Agreement shall expire twenty (20) years from the earlier to occur of (i) the construction of all of the New Structures, or (ii) twelve (12) months after the Effective Date of this Agreement. At least sixty (60) days before the end of the twenty (20) year term,, Developer shall apply for a separate demolition permit for each New Structure. Provided that City has timely issued demolition permits, Developer shall remove all of the New Structures on or before the last day of the twenty (20) year term of this Agreement. In the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, City shall have the right to remove said remaining New 21 Structures and to charge Developer its actual costs of removal. In addition, in the event that Developer fails to remove any of the New Structures by the end of the twenty (20) year term of this Agreement, Developer shall pay City a fine of either (i) five hundred dollars (5500.00) a day, or (ii) the actual amount of revenues received by Developer for the New Structures for the period following the end of the twenty (20) year term of this Agreement, whichever is greater. Developer hereby waives any causes of action it may have to postpone removal of the New Structures under this paragraph after the twenty (20) year term of this Agreement. Except for the Phase Two New Structures, notwithstanding the foregoing„ Developer shall have the right to remove any of the New Structures at any time during the term of this Agreement and to terminate this Agreement with respect to the Property on which said New Structure was located. Su ersedure by Subse uent Laws. If any federal or state law, made or enacted after the Effective Date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Developer shall meet and confer in good faith to determine the feasibility of any such modification based on the effect such modification would have on the purposes and intent of this Agreement. Developer and City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is 22 successful, this Agreement shall remain unmodified and in full force and effect. K. Amendment of A eement. This Agreement may be amended from time tQ time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code sections 65867 and 65868 or their successor sections, and provided a public hearing is conducted prior to any amendment of this Agreement. L. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Properties hereunder may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement; City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The Director of Community Development shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section IV.K. The Director of Community Development may execute any operating memoranda hereunder. Section V. Miscellaneous. Owl A. Negation of Partnership. The Properties constitute private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence or any such representations, understandings or covenants shall be admissible in any proceeding of any, kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severa�. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or grossly 24 inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, certified or express mail, return receipt requested, with postage prepaid, to the mailing address. The respective mailing addresses of the parties are, until changed as hereinafter provided, the following: City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Developer: Ken Spiker and Associates, Inc. 14156 Magnolia Boulevard, Suite 143 Sherman Oaks, CA 91423 ►.. Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten (10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. J. Recordation. In order to comply with section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against each of the Properties with the County Recorder of Los Angeles County within ten (10) days after the Effective Date. [end of text. signatures on next page] 26 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CITY" CITY OF BALDWIN PARK "DEVELOPER" KEN SPIKER AND ASSOCIATES, INC. LIM 27 President EXHIBITS A -1 THROUGH A -6 TO BE PROVIDED 28 S PC 00-14 DRAFr. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL DENY A ZONE CHANGE FROM FC TO FC (0) TO CREATE AN OUTDOOR ADVERTISING OVERLAY DISTRICT AND DENYING ZONE VARIANCES SEEKING THE PROPOSED OUTDOOR ADVERTISING STRUCTURE TO EXCEED THE MAXIMUM HEIGHT, SIGN FACE AREA, AND TO ALLOW LESS THAN THE MINIMUM REQUIRED FRONT YARD SETBACK (APPLICANT: REGENCY OUTDOOR ADVERTISING; LOCATION: 12999 GARVEY AVENUE; CASE NO.: Z- 517 & ZV -659). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications for a Zone Change and Zone Variance ( "Applications ") were submitted by Regency Outdoor Advertising ( "Applicant ") on behalf of the owners of certain real property, located at 12999 Garvey Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the Planning Division; and b) That the Zone Change is requesting that the property be rezoned from FC to FC (0) to enable the construction of an outdoor advertising structure on that portion of the property that is adjacent to the 1 -10 San Bernardino Freeway; and C) That the Zone Variances are requesting approval to allow the construction of a billboard sign along the 1 -10, San Bernardino Freeway that exceeds the maximum allowable height, sign face and less than the minimum required front yard setback area pursuant to Sections 153.395 (B) (6), (7) and 153.183 (A) of the City's Municipal Code; and d) That a duly noticed public hearing was held relating to the Applications by the Planning Commission wherein evidence relating to the Applications was presented, including but not limited to, applicable staff reports, a proposed development agreement, and testimony from the Applicant and other interested parties; and e) Based upon evidence presented at the public hearing, 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 such Applications are not present and that the Zone Change should be recommended for denial by the City Council, and the Zone Variance should be denied. SECTION 2. That the Planning Commission does hereby adopt the following Statement of Facts applicable to the Zone Change: a) That the City's General Plan does not address the issues of outdoor advertising structures (billboards), therefore, any proposed construction of an outdoor advertising structure should be reviewed on a case -by -case basis to determine the impact on the City. In the circumstances presented by the evidence available, the proposed outdoor advertising structure could be visually damaging to the City and would not be an appropriate land use along this segment of the 1 -10, San Bernardino Freeway, the "gateway„ through the City; and Resolution No, PC 00 -14 12999 Garvey Avenue April 26, 2000 Page; 2 b) That the property at issue is within the Sierra Vista Redevelopment Project Areas, where there is substantial interest in the redevelopment of this area. The proposed construction of an outdoor advertising structure on this property could negatively impact the interests of new or existing businesses or developers, so as to impede the development of this area. SECTION 3. That the Planning Commission does hereby adopt the following Findings of Fact applicable to the Zone Variance: a) That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved without the zone change from FC to FC (0). The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the property, its geographical constraints and the existing freestanding sign may impose a hardship on the property at being able to construct within the limits of the City's Zoning Code; however, the denial of the zone change request by the Applicant renders these zone variance issues moot; and b) That approval of the requested variances is not necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. This property is located adjacent to the 1 -10 San Bernardino Freeway between the eastern boundary of the 1 -605 and 1 -10 freeway interchange and the Baldwin Park Boulevard vehicular overpass. There are no property owners along this particular segment of the 1 -10 Freeway that have been granted by the City the ability to have a legal outdoor advertising structure; and c) That approval of the requested variance could be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a City's police powers. By denying the Outdoor Overlay District Zoning, the Planning Commission has determined that the proposed billboard on this property is visually offensive and is not an appropriate use along this particular segment of the 1 -10 San Bernardino Freeway, between the eastern boundary of the 1 -10 and 1 -605 freeway interchange and the western boundary of the Baldwin Park Boulevard overpass. The requested variances would allow the billboards to be more visible and therefore, could be materially detrimental to the public welfare; and d) That approval of the requested variances may adversely affect the General Plan, in that, potential developers surveying the 1 -10, San Bernardino Freeway for development possibilities could be visually offended by an outdoor advertising structure which in turn could limit the future developability of this portion of the freeway corridor. Allowing the construction of an outdoor advertising structure on this portion of the 1 -10, San Bernardino Freeway could be contrary to General Plan Land Use Element Goal 1.5 which states that the City should continue to improve the San Bernardino Freeway Corridor for commercial opportunities. SECTION 3. That the Planning Commission, at the time of the public hearing on the above matter, reviewed and considered the proposed Negative Declaration of Environmental Impact. That the Planning Commission, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby recommends that the City Council adopt the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolution No. PC 00 -14 12999 Garvey Avenue April 26, 2000 Page 3 PASSED AND APPROVED this 26th day of April 2000. AMY L. HARBIN, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) 1, AMY L. HARBIN, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 00 -14 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 2611' day of April, 2000 by the following vote: AYES: COMMISSIONERS: Villegas, Huetinck, Perez, Oclaray NOES: COMMISSIONERS: Magdaleno ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None AMY L, HARBIN BALDWIN PARK PLANNING COMMISSION CITY OF BALDWIN •' NEGATIVE DECLARATION DATE: February 28, 2000 APPLICANT: Regency Outdoor Advertising TYPE OF PERMIT: Zone Change and Variance FILE NO.: Z -517 & ZV -659 LOCATION OF PROJECT: 12999 Garvey Avenue, Baldwin Park, CA 91746 DESCRIPTION OF PROJECT: Zone change and zone variance to allow the creation, of an Outdoor Advertising District overlay zone and to allow the installation of one (1) billboard sign which exceeds the maximum allowable height and sign face area and less than the minimum required front yard setback. It is the opinion of the ❑ Zoning Administrator ❑ Planning Commission ❑ City Council ❑ Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures ❑ are attached M are not required (Signature) Principal Planner (Title) Date(s) of Public March 2, 2000 Notice: ❑x Legal advertisement ® Posting of the properties ❑ Written notice (msiviformslnegdec) 1/97 CITY OF BALDWIN PARK INITIAL STUDY I. BACKGROUND 1. Name of Regency Outdoor Advertising, Inc. Proponent: 2. Address and Phone Number of Proponent: 8820 Sunset Boulevard, 2"" Floor West Hollywood, CA 90069 3. Date of Checklist Submitted: February 28, 2000 4. Agency Requiring Checklist: City of Baldwin Park 5. Name of Proposal, if Zone change and zone variance to allow the creation of an applicable: outdoor advertising district overlay zone and to allow a billboard to exceed the maximum allowable height and sign face area and less than the minimum required front yard area. 6. File Number. Z -517 and ZV -659 II ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or over covering of the soil? X c. Any increase in wind or water erosion of X soils, either on or off site? d. Exposure of people or property to geologic hazards such as earthquakes, X landslides, mudslides, ground failure, or similar hazards? initial Study Z -517 and Z -659 12999 Garvey Avenue PAGE 2 2.) Air. Will the "proposal result in substantial air emissions, deterioration of X ambient air quality, or change in climate? 3.) Water. WII the proposal result in a. Changes in ground water quality or quantity, or alterations of existing X drainage patterns? b. Storm water discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docs, or other outdoor work areas? c. A significantly environmentally harmful increase in the flow rate or volume of X storm water runoff? d. A significantly environmentally harmful increase in erosion of the project site or X surrounding areas? e. Storm water discharges that would significantly impair the beneficial uses of X receiving waters or areas that provide water quality benefits? f. Harm to the biological integrity of drainage systems and water bodies? X 4.) Plant and Animal life. Will the proposal ' result in change in the diversity of species, or X number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise..Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 6.) Light and Glare. Will the proposal produce new light and glare? X C :ISalvadoACEQA�Z- 517,doc Initial Study Z -517 and Z -659 12999 Garvey Avenue PAGE 3 7.) Land Use. Will the proposal result in a substantial alteration of the present or X planned land use of an area? 8.) Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resource? X b. Substantial depletion of any nonrenewable natural resources? X 9.) Risk of Upset. Does the proposal involve a 6 risk of an explosion or the release of hazardous substances (including but not X limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the location, distribution, density, or growth rate X of the human population of an area? 11.) Housing. Will the proposal affect existing housing, or create a demand for new X housing? 12.) Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to present patterns of circulation or X movement of people and /or goods? b_ Effects on existing parking facilities, or demand for new parking? X c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. l=ire protection? CASalvadoOCEQA�Z- 517.doc Initial Study Z -517 and 2-659 12999 Garvey Avenue PAGE 4 X b. Police protection? X c. Schools? x d. Parks or other recreational facilities? x e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a substantial increase in the use of energy? x 15.) Utilities. Will the proposal result in a need a for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? x d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? ` X 16.) Human Health. Will the proposal result in the creation of any health hazard or potential X health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the X creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure, C:1Salvador\CEQA1Z -517. doe Initial Study Z -517 and 2-659 12999 Garrey Avenue object or building? 19.) Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of,iirne, while a long -term impact will endure well into the future). PAGE 5 X *1 X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where X the impacts on each resource are relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? C:kSaIvador10EtQA\Z- 517.doc Initial study Z -517 and Z -659 12999 Garvey Avenue ICI. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation. PAGE 6 I find the proposed project COULD NOT have a significant effect on X the environment, and a NEGATIVE DECLARATION will be prepared. Date: February 28, 2000 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY nave a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) PRINCIPAL. PLANNER (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth a. There will be no significant change in earth or geologic conditions resulting from the construction permitted under approval of this permit. b. Approval of this project will allow for the construction of a sixty five (65) foot high outdoor advertising structure (billboard) with a sign face area of 800 sq. ft. per side. C. There should be no increased erosion of the site with the related zone change and zone variances which will enable the construction of an outdoor advertising structure. d. Approval of this project will not expose people or property to any hazards, geologic or otherwise, at any level greater than that deemed acceptable under the City's General Plan. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. C:kSalvadoACEQA2- 517.doc Initial Study Z -517 and Z -659 12999 Garvey Avenue PAGE 7 2. Air The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. However, the installation of billboard sign will not directly or.indirectly result in increased air pollution. 3. Water Development of the site under this approval may result in an increase in impervious areas and increased surface run -off. Appropriate grading and drainage plans, as required by the City's Engineering Division, will mitigate potential drainage deficiencies. No adverse impacts are anticipated. 4. Plant and Animal The project will not adversely affect the diversity or number of species on the site that the environment would be negatively impacted. In conjunction with the development, portions of the site will be landscaped which will result in the introduction of new species of vegetation including trees, shrubs, and grasses. This will have a positive impact upon the environment. 5. Noise Given the limited scale of potential development, the project will not have a significant noise impact upon the surrounding commercial area. The project will not create any new. noise or subject people to unacceptable noise levels. Construction activities will cause temporary localized increases in existing noise levels, which could periodically be of a severe nature. However, construction activities should be limited in duration given the scale of allowable development and the City's Municipal Code requires that construction be performed between the hours of 7:00 a.m. and 7:00 p.m. so as to minimize the disturbance upon the surrounding neighborhoods. Consequently, there will be no significant short term or long -term noise impacts upon the environment. 6. Light and Glare New light and glare will be produced by new outdoor advertising structures_ However, the. California State Department of Transportation regulates the lighting that would be produced by a new outdoor advertising structure along the 1 -10 San Bemardino Freeway. The light and glare that will be produced will in no way cause a negative impact upon the vehicles traveling along the highway nor on the adjacent properties. Land Use The General Plan Land Use designation of the property, General Commercial, is consistent with the proposal, and will remain unchanged. The proposed billboard will not affect existing land uses. 8. Natural Resources Development of the site will have a negligible impact upon the rate of use of any natural resources. The City's General Plan addresses growth at a citywide scale and its relation to the rate of use of natural resources. Though lighting will be provided for the billboard, the project will have no significant increase in additional energy uses. C:15alvadortC EQA2 -517. doc Initial Study Z -517 and Z -659 12999 Garvey Avenue 9. Risk of Upset PAGE 8 Future development of the site as allowed for under this approval will not involve the handling of any significant amount of hazardous materials, and therefore will not present any risk of upset, including the explosion or release of hazardous substances. 10. Population The proposed zone change, adding the 'O' Overlay designation, and zone variances relating to the Construction of an outdoor advertising structure will not result in a net population increase. 11. Housing The proposed zone change and zone variances relating to the construction of an outdoor advertising structure will not generate a need to provide additional housing stock. 12. Trans portationlCirc ulation The installation of a billboard will not have a measurable effect on the traffic. State standards for billboard construction and operation prohibits displays that4 could potentially be hazardous to passing motorists. 13. Public Services a. It is anticipated that the project will not require additional fire services, however, since the project proposal has been submitted for Plan /Design Review, the Los Angeles County Fire Department has been afforded the opportunity to comment on the project proposal and all applicable conditions will have to be met by the Applicant prior to obtaining a building permits for both the proposed outdoor advertising structure. b. The proposed project will not result in an increase in demand on Police services. C. The project will not result in an increase in demand for school facilities. School impact fees for commercial projects are collected prior to the project obtaining a building permit and are intended to set -off any potential impact on school facilities. d. Given the limited scale of development which would occur on the site under this approval, the proposed project will not result in an increase in demand for additional parks of recreational facilities. The City's Development Tax, collected prior to occupancy is intended to offset any potential new demand for recreation facilities. e. Given the limited scale of development which would occur on the site under this approval, there should be a negligible impact upon the maintenance of public facilities. However, since the project has been submitted for Plan /Design Review, the Engineering Division has had the opportunity to formally review the plans to make a determination of what type of off -site improvements are needed. 14. Energy The development permitted under this approval will not have a significant effect on energy usage. The City's General Plan addresses the impacts of citywide development upon regional energy usage. C:1SalvadorlCEQAIZ- 517.doc Initial Study Z -517 and Z -659 12999 Garvey Avenue PAGE 9 i5. Utilities Development of the site will require provision of utility tie -ins as required by the City's E=ngineering Division. The development allowed under this approval is consistent with the general plan, which addresses the impact of citywide growth upon local and regional systems and facilities. ir-i. 11; __ .ct�t' ima l Is, :1lei 11 Development of the site under this approval will not result in the creation of any health hazards or potential health hazards. 17. Aesthetics The proposed billboards will be clearly visible from the 1 -10 freeway. These particular segments of the freeway are not considered a scenic highway. Therefore, the project is not expected to result in the obstruction of any scenic views open to the public. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. Therefore, the proposed project will not result in the alteration of a significant archeological or historical site. 19. Mandatory f=indings of Significance a. The proposed amendments will have no impact fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long -term adverse environmental impacts, and is in keeping with the long -range considerations of the General Plan. c. The cumulative impacts of the project are not expected to be significant, since all potential individual impacts are proposed to be mitigated to a level of insignificance. d. The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan. Gi\SaNador\GEQA2- 517.doc Initial Study Z -617 and Z -659 12999 Garvey Avenue ENVIRONMENTAL INFORMATION FORM Date fled: February 28, 2000 General Information 1. Name and address of developer or project sponsor: Regency Outdoor Advertising, Inc. 8820 Sunset Boulevard 2nd floor West Hollywood, CA 90069 2. Address of project: 12999 Garvey Avenue Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8556 -023 -001 PAGE W 3. Name, address and phone number of person to be contacted concerning this project: City of Baldwin Park Amy L. Harbin, Principal Planner 14403 E. Pacific Avenue Baldwin Park, CA 91706 4. Indicate the number of the permit application to which this form pertains: Z -517 and ZV -659 5. List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Outdoor Advertising Display permits must be received by the State Department of Transportation (CalTrans). A Development Agreement will be required to memorialize the terms of the agreement. 6. Existing zoning district: FC, Freeway Commercial 7. Proposed use of site (Project for which this form is filed): Operation of one (1) billboard sign PROJECT DESCRIPTION The proposed project involves a request for approval of a zone change to create an Outdoor Advertising District (0) overlay zone designation to allow the installation of one outdoor advertising structure (billboard). A related request is for zone variances from: 1) Section 153.395 (B) (6) and (7) of the City's Zoning Code to allow the billboard to exceed the maximum allowable height and sign face area; and 2) 153.183 (A) of the City's Zoning Code to allow less than the minimum required front yard setback. C:1Salvadar\CEQA1Z- 517.doc Initial Study Z -517 and Z -659 12999 Garvey Avenue PAGE 11 ENVIRONMENTAL CHANGES Are the following items applicable to the project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, take, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or slope of 10 percent or more. 9. Use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 73,000 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. C:1SalvadoACEQA1Z- 517.doc APPLICATION JZONE CHANGE 1. APPLICANT: NAME: Regency Outdoor Advertising, Inc. ADDRESS; 8820 Sunset Boulevard, 2nd Floor, West Holl ood CA 940Ti9 PHONE: (310) 557 -x883 STATUS (Owner of land, agent, purchaser, etc.) Agent 2. PROPERTY OWNER: NAME' Equilon Ents LLC ADDRESS: 1100 Louisiana Street PHONE-. Houston, Texas 77002 -522 3. PROPERTY: ADDRESS: -12999 East Garvey Avenue ZONE: FC Freeway Commercial LOT SIZE: 15,300* 5q. ft. 4. EXISTING USE OF PROPERTY: Gas station 5. LEGAL DESCRIPTION: (Use description as it appears in your Grant Deed or attach deed) See attached 5. RE UEST: To create an Outdoor Advertising overlay District on the property described. ZONING. CODE SECTION NUMBERS: 153.315 7. CHANGES TO BE MADE TO PROPERTY: Install one two -face outdoor advertising structure. B. SPECIAL INFORMATION: None. 984 3. TO: PLANNING COMMISSION CITY COUNCIL r CASE NO. I, the undersigned, hereby petition the Planning Commission and the City Council of the City of Baldwin Park for a change of zone on property at the locations noted in this application. JUSTIFICATION FOR REQUEST: IN WHAT WAYS WILL THE USES PERMITTED BY THE ZONE CHANGE BENEFIT THE ADJOINING NEIGHBORHOOD AND THE CITY OF BALDWIN PARK? The proposed use will not require any City services and will financially benefit both the City (and thus all of the neighborhoods therein) and the property owner. ll. IS THE PROPERTY INVOLVED IN THIS PROPOSED CHANGE MORE SUITABLE FOR THE PURPOSES PERMITTED BY THE PRESENT ZONE OR BY THE ZONE REQUESTED? WHY? (EXPLAIN YOUR ANSWER IN FULL DETAIL) The property involved in this request is suited for the uses allowed in the underlying zone as well as an outdoor advertising structure. The Baldwin Park Zoning Code specifically allows outdoor advertising structures in all zones wherein the Outdoor Advertising Overlay District has been applied. Ill. WOULD THE USES PERMITTED BY THE PROPOSED ZONE BE DETRIMENTAL TO SURROUNDING PROPERTY IN ANY WAY? (EXPLAIN REASONS SUPPORTING YOUR.ANSWER) No. The outdoor advertising structure will be professionally installed and maintained and, therefore, will not be detrimental to the property on which it will be built or to any adjacent property. Outdoor advertising structures are legitimate land uses adjacent to freeways and have no demonstrated adverse economic or social impact. IV. LIST ANY DEED RESTRICTION WHICH AFFECT DEVELOPMENT OF THE PROPERTY. GIVE THE EXPIRATION DATE. None that will affect the proposed development. NOTE: PLEASE INCORPORATE THE PLANNING COMMISSION AND CITY COUNCIL FINDINGS OF FACT IN APPROVING ZONE CHANGES AND VARIANCES FOR OUTDOOR ADVERTISING STRUCTURES ADJACENT TO THE 605 AND 10 FREEWAYS IN THE CITY OF BALDWIN PARK (CLOVERLEAF BUSINESS PARK, BARNES PARK AND THE SOUTHERN CALIFORNIA EDISON PROPERTY) INTO THIS APPLICATION BY REFERENCE. . hu'419--j&j APPL ANT era Kennedy, P sident DATE FILED AMOUNT PAID MR -2- HEARING DATE FINDINGS OF FACT ZV -647 & Z- 549 -440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fail under the .public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -510 & ZV- 648 — Barnes Park 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the I- 605 freeway and the 1 -1011 -605 interchange and 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINUNGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fail under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways, The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on thel -605 Freeway and the 1- 1011 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -5'11 & ZV -64"CE Right -of -Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1 -605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 and 1 -10 Freeways, and the higher speeds_ of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the. public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. T-3, T GXE N C Y September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith (elate to six two -faced outdoor advertising structures to be located on six separate properties in the City of- Baldwin Park adjacent to the. 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency Outdoor Advertising, Inc. believes these applications represent a win/win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 2. That the developer will provide the City with. one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. ag 8820 Sunset Blvd. • 2nd door • Los Angeles, CA • 90469 %t (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two 13. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. 114. That the developer will relocate any structure that isorequired to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this document, "initiation of a projectf' includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). 16. That no objectionable copy will be displayed on structures. Objectionable copy will include, but n tobacco products, strip clubs, shopping centers in other cities, big box stores in other cities, etc. objectionable by a majority vote of the City Council, the City. any of the outdoor advertising of be limited to, advertising for other cities, auto dealerships in If any copy is found to be it will be removed at no cost to 17. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 . Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 -906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, Drake Kenn dy President ds Enclosures 8820 Sunset Blvd. • 2nd Floor • Los Angeles, CA • 90069 Tel (310) 657 -8883 a Fax (310) 657 -8073 i I1 BALDMRN P•A - R•K TYPE OF APPLICATION General Plan Amendment Zone Change _ Code Amendment Development Plan CRA Conceptual Approval L-dr►u `UbU .,041 jPI R.7d:t1 U11, CITY OF BALDWIN PARK PLANNING DIVISION '14403 E. PACIFIC AVE BALDWIN PARK, CA 91706 (626) 813 -5261 X Zone Variance Conditional Use Permit Administrative Adjustment Specific Plan Other APPLICATION INFORMATION Name of applicant(s) Regency Outdoor Advertising, Inc. Address 8820 Sunset Boulevard, 2nd Floor, West Hollywood, CA 90069 Phone No. (310) 657 -8883 Capacity Agent Owner(s) of Record Equilon Ents LLC Owner's Address 1100 Louisiana Street Houston, Texas 77002 -5227 PROPERTY INFORMATION Location 12999 East Garvey .Avenue Assessor Parcel Number(s) 8556 - 023 --001 Tract and Lot Number(s) See attached Existing General Plan Designation General Commercial Existing Zoning for each parcel FC Freeway Commercial Existing Land Use Gas station Code Section to be amended 153.395 ' Purpose of request To install one two -face outdoor advertising structure CERTIFICATION STATEMENT: Ilwe acknowledge the fling of this application and certify that all the above information is true and accurate and that Ifwe have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the. owner of record must complete and have notarized the attached wner's ffdavit from the legal owner.) SignatureBrake Jnnedy, Presi nt Date Signature Date., FOR CITY USE ONLY: File No.: Fee: Received by: Date: F:!Piann i ng/Fo ru.F£.an dap p ZONE VARIANCE Specific Stats Height (Section 153.395(B)(6) Increase from 40 feet maximum height to 65170 (') feet in height Size Section 153.395(B)(7) Increase from 600 square feet maximum face size to 800 square feet face size Yards Section 153.395(B)(2) Decrease front yard setback from 10 feet to 4 feet (1) xly x = height of structure y - height of occasional appendages 10 -14-99 w ZONE VARIANCE JUSTIFICATION STATEMENT (Height And Sizel PROPOSAL The Baldwin Park Zoning Code specifically permits outdoor advertising structures in all zones where the Outdoor Advertising Display District has been applied, subject to specified conditions. This project meets all of the conditions, except the height limit and the sign face size limit. The City has adopted findings of fact indicating that the Outdoor Advertising Overlay District was developed specifically for City streets. On City streets speeds are low, the structures are located in close proximity to the drivers viewing the display, the grades of the travelled way and structures are the same, and major obstacles between the viewer and the structure are virtually non - existent. The proposed project presents different circumstances than anticipated when the Outdoor Advertising Overlay District and the off -site sign regulations were developed. This project is located adjacent to a freeway which accommodates very high speeds and which has major visual obstacles to overcome to ensure that the driver has an unobstructed view of the display. Regency Outdoor Advertising, Inc. proposes that the City of Baldwin Park grant a variance to allow one two -faced outdoor advertising structure on the noted site that does not comply with the City of Baldwin Park Municipal Code, specifically Sections 153.395(B)(6)(7) which relate to height and size. Specifically, the Baldwin Park Municipal Code Sections 153.395(B)(6)(7) allow outdoor advertising structures to be a maximum of 44 feet in height (measured from the grade of the site on which the structure is placed) and have a face area of 500 square feet. The proposed structure will be higher than 40 feet with embellishments and will have a sign face a maximum of 800 square feet in area, including embellishments (see plans and cross sections for specifics). Pursuant to Section 65905 of the State of California Planning and Zoning laws, a variance may be granted when there are specific physical circumstances that distinguish the project site from its surroundings and these unique circumstances would create an unnecessary hardship for the applicant if the usual zoning standards are imposed. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements. -1- FAI 1. THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. As noted above, the size and height of outdoor advertising structures are regulated by Section 153.395 of the Baldwin Park Zoning Code. Displays are limited to a height of 40 feet above finished grade with no more than 600 square feet of sign face. The location of the subject property and the potential and existing geographical and visual constraints impose a hardship on the property that does not allow it to enjoy the property rights of other properties located in the Outdoor Advertising Overlay District. The purpose of off -site advertising structures, as permitted in the Baldwin Park Zoning Code, is to provide an advertising display that is visible from adjacent travelled ways - -in this case, the 10 freeway. The location of the subject property in relation to adjacent properties and properties in close proximity thereto that may be developed or redeveloped creates the potential for visual obstructions. The relationship of the subject property to the 10 freeway and the visual obstructions in connection therewith, such as the 605 vehicle overcrossing, the Athol vehicle overcrossing, the Bess Avenue pedestrian overcrossing and the Baldwin Park vehicle overcrossing, also impose visual constraints. Collectively, the constraints constitute a hardship on the property which do not allow it to enjoy the property rights of other properties located in the existing Outdoor Advertising Overlay Districts, which are located on properties that front on local streets. On local streets, a 40 foot height limit is, in most cases, reasonable and workable because the speed of the traffic, the configuration of the traveled way, the height and placement of the structures, and the proximity of the outdoor advertising structure to the street is conducive to adequate viewing of the display by individuals in slow moving vehicles in close proximity to the display. In this case, however, in order to provide for appropriate visibility and sight distance from the adjacent 10 freeway the advertising structure needs to be higher than that permitted in the Zoning Code. With regard to the allowable size of the sign face, the industry standard for freeway advertising is 14 foot by 48 foot panels (672 square feet). In addition, appendages are added on occasion, which bring the total up to a maximum of 800 square feet. This size is deemed necessary to allow for proper scaling of freeway signage. To illustrate this point, City highways range from 80 to 100 feet in width whereas freeway right-of-ways average 220 feet to 300 feet. Speeds on City streets range from 30 -45 miles per hour while speeds on the freeway range from 55 -75 miles per hour. Therefore, smaller sign faces (600 square feet) are adequate on the typical City street, as allowed by the Baldwin Park Zoning Code. However, to achieve the proper scale and thus visibility for the proposed freeway signage larger faces are required. The applicant's proposal is consistent with adjacent freeway signs. -2- Clearly then, there are exceptional circumstances and conditions applicable to this site relative to other sites in the same zone within the City. 2. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION. Variances are limited to those situations where the characteristics of the site make it difficult to develop under standard application of the Zoning Code. As indicated in the above justification, the use of the site for the proposed purpose is constricted by existing and potential adjacent development and the visual obstructions noted which are dissimilar to the conditions on local streets for which the Outdoor Advertising Overlay District and the applicable off -site sign regulations were developed. The granting of the variance {additional height and size} will allow the applicant to enjoy the property rights enjoyed by similar properties within the City which are in the Outdoor Advertising Overlay District and are located on local City streets. The strict application of the Zone's development standards, which were clearly developed for outdoor advertising structures located directly adjacent to City streets which have no vehicle or pedestrian overcrossings or other visual obstacles, put this property owner at a disadvantage since this application involves property which is affected by potential adjacent development obstructions and visual obstructions on the travelled way and is adjacent to a heavily travelled high speed freeway instead of a local street with no visual obstacles and restricted speeds. The variance is required for the preservation and enjoyment of a substantial property right which the other properties that allow outdoor advertising structures in the City enjoy. 3. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. The location of the outdoor advertising structure is extremely valuable from an advertisement point of view. The structure will be sought after by major companies as a way of promoting their business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. In addition, outdoor advertising structures are a legitimate business, are built and maintained to the same standards as other businesses and, in this particular case, will have no adverse impact on the property on which they will be located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. -3- 4. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions and processes set forth in the Code and which are consistent with the General Plan. In addition, the Baldwin Park General Plan, which contains Planning Commission And City Council adopted policy guidance, has no policies that directly or indirectly preclude or discourage outdoor advertising structures. In fact, the General Plan is silent on off -site advertising. Therefore, the variance will not adversely impact the General Plan of the City of Baldwin Park. NOTE_ Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Park and the Southern California Edison property. 10 -01 -99 -4- ZONE VARIANCE JUSTIFICATION STATEMENT (Setbacks PROPOSAL This application is a request to allow an outdoor advertising structure to encroach into the, front yard setback area. Specifically, the request would allow a variation of the Baldwin Park Municipal Code that establishes front yard setbacks in commercial and industrial zones. The City of Baldwin Park requires an application to justify the request based upon explanations to the following statements: THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY INVOLVED OR TO THE INTENDED USE OF SUCH PROPERTY WHICH DO NOT GENERALLY APPLY TO OTHER PROPERTIES IN THE SAME ZONE. An outdoor advertising structure, as defined by the City of Baldwin Park Municipal Code, is a sign. As is evident in the City, many properties in similar zones have been allowed to install signs in the front yard setback area. Clearly, the exceptional and extraordinary circumstances that applied to these properties are applicable to this property. Failure to allow this property to enjoy the property rights that have already been granted to similar properties in similar zones is contrary to the provisions of the Baldwin Park Municipal Code. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT POSSESSED BY OTHER PROPERTY: SIMILARLY SITUATED, BUT WHICH IS DENIED TO THE PROPERTY IN QUESTION. Similar commercial zones adjacent to and throughout the City have routinely installed freestanding sign structures in the front yard setback area. Utilizing specific plans and appropriate variances, these property owners are able to encroach into the front yard setback area. This application will allow the subject property owner to enjoy the same property rights that have been granted and enjoyed by similar properties in similar zones. Clearly, there are exceptional circumstances and conditions applicable to this site relative to other sites in the same zone within the City. THE GRANTING OF THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO THE ADJACENT PROPERTIES. �. The location of this outdoor advertising structure is extremely valuable from an advertisement point of view. This structure will be sought after by major companies as a way of promoting business. High quality design with superior quality will be utilized. Sign copy will remain new and replaced at the sign of wear or tear. The outdoor advertising structure will have no adverse impact on the property in which it is located or any other property in the area. The outdoor advertising structure proposed will have no impact on the public welfare and thus will not be detrimental to it and will also not be injurious to the adjacent properties in any way. THE GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE CITY OF BALDWIN PARK. The Baldwin Park Municipal Code is an implementation tool of the City's General Plan. This application follows the provisions of the Code that allow property owners relief from the application of zoning standards when the findings outlined in this justification statement are applied. On this basis, the granting of a variance to reduce the front yard setback area to allow an outdoor advertising structure will not adversely affect the General Plan of the City of Baldwin Park. NOTE: Please refer to and incorporate by reference the applicable findings of fact made by the City in approving variances for outdoor advertising structures on the Cloverleaf Business Park, Barnes Park and the Southern California Edison property. 10 -€1 -99 -2- FINDINGS OF FACT ZV -647 & Z- 509 --440 Cloverleaf Drive That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are significantly below the finished grade of 1 -10 and 1 -605 freeways. 2. That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Properties owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -10 and 1 -605 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways_ And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City., Z -510 & ZV- 648 — Barnes Park That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of the I- 605 freeway and the 1- 1011 -605 interchange and 2_ That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the FINDINGS OF FACT segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property and the 1 -605 Freeway and the 1- 60511 -10 Interchange, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 3. That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the[ -605 Freeway and the 1- 1011 -605 interchange; and 4. That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. Z -511 & ZV- 649-- SCE_Right- of-Way 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property and its geographical constraints impose a hardship on the property. The proposed sign locations are below the finished grade of 1 -10 and 1.605 freeways. 1) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway and Ramona Boulevard where the (0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of the grade difference between the subject property. and the 1 -605 and 1 -10 Freeways, and the higher speeds of travel on the freeways as compared to streets and highways, strict application of the Code would result in the denial of a property right possessed by billboard owners along Arrow Highway and Ramona Boulevard; and 2) That approval of the requested variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the "public welfare" authority of a city's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive and are appropriate uses along the freeways. The requested variances simply allow the FINDINGS OF FACT billboards to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1 -10 and 1 -605 Freeways. 3) That approval of the requested variances will not adversely affect the General Plan. The City's current General Plan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. Neither the I- 10 or 1 -605 freeways are designated as scenic highways. And, finally, there are no policies in the City's General Plan that speak directly to issues related to the appropriateness of billboards within the City. OUTDOOR ADVERTISING, INC. September 7, 1999 Amy Harbin, Assistant Planner City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Ms. Harbin: The applications noted below and enclosed herewith relate to six two -faced outdoor advertising structures to be located on six separate properties in the City of Baldwin Park adjacent to the 10 freeway. 1. Applications for Zone Changes applying the Outdoor Advertising Overlay District to each property; 2. Applications for Zone Variances relating to Section 153.395 of the Zoning Code on each property; and 3. Applications for Design Review on each property. Regency' Outdoor Advertising, Inc. believes these applications represent a win /win situation. The applicant will voluntarily contribute $100,000 per project or $600,000 total to the City of Baldwin Park to be used by the City for any lawful purpose. In addition, as has previously been discussed, the construction proposed at these locations will result in absolutely no detrimental affects or undesirable impacts on the City, the immediate neighborhoods or the properties on which the structures will be located. The applicant proposes the following conditions: J1.. That the developer will voluntarily contribute $100,000 to the City for each approved two -faced outdoor advertising structure. Payment will be made immediately prior to the issuance of a City building permit. 42. That the developer will provide the City with one face of advertising for 30 days per year for each approved structure at no cost to the City. The advertising copy will be prepared, installed and deinstalled at no cost to the City. 8820 Sunset Blvd. • 2nd Floor o Los Angeles, CA • 90069 Tel (310) 657 -8883 • Fax (310) 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Two J3. That it will be presumed by both the developer and the City that the outdoor advertising structures and the use thereof have no value to the property owner or the developer when, and if, a redevelopment project is initiated on the site wherein the structure is located. The appraisal of the sites wherein the outdoor advertising structures are located will not include improvement value based on the existence of outdoor advertising structures located thereon. It is agreed that no payment will be made to the developer or the property owner by the City or Redevelopment Agency for any structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. V4. That the developer will relocate any structure that is required to be relocated due to a conflict with a redevelopment project at no cost or charge to the City not later than 30 days following the initiation of a redevelopment project on the site.. The site wherein the outdoor advertising structure will be relocated will be selected jointly by the City and the developer. At least one site will be identified for the relocation of each of the outdoor advertising structures that must be relocated. It is further agreed that any outdoor advertising structure required to be relocated will be relocated on a site adjacent to the 10 freeway. 5. For purposes of this document, "initiation of a project" includes all of the following components: 1) the approval of specific funding or a specific funding plan for a project; 2) the approval by the City of building permits for a project; and 3) the actual initiation of construction of a project (the erection of buildings). ,%6. That no objectionable copy will be displayed on any of the outdoor advertising structures. Objectionable copy will include, but not be limited to, advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc. If any copy is found to be objectionable by a majority vote of the City Council, it will be removed at no cost to the City. 17. That the term of approval will be 20 years with year to year extensions with additional fees to be paid to the City. 8820 Sunset Blvd. . 2nd Floor • Los Angeles, CA . 90069 Tel (310) 657 -8883 • fax (310 657 -8073 Amy Harbin, Assistant Planner City of Baldwin Park September 7, 1999 Page Three Thank you for assisting us in preparing the applications and for processing them as expeditiously as possible. Regency Outdoor Advertising, Inc. requests that the Zone Variances, Zone Changes, Negative Declarations and Development Agreement all be considered by the Planning Commission on the same date to expedite the process. If additional information is required, let David Smith of Ken Spiker And Associates, Inc. (818 -- 906 -0941) know and it will be provided immediately. Enclosed with this letter is a statement relating to the fiscal condition of cities which may be of interest to your Department, Planning Commissioners and City Council Members. Sincerely, Drake Kenn dy President ds Enclosures 8820 Sunset Blvd. a 2nd Floor • Los Angeles, CA e 90069 Tel(310) 657 -8883 • Fax (310) 657 -8073 ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM FC TO FC (0) ON APPROXIMATELY 20 FEET OF STREET FRONTAGE OF THE SUBJECT PROPERTY (APPLICANT: KEN SPIKER & ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING, CASE NO.: Z- 517). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin park does hereby find, determine and declare as follows: a) That the owner of certain real property filed an application for a change of zone from FC, Freeway Commercial to FC (0), Freeway Commercial Sierra Vista Overlay for the real property located at 12999 Garvey Avenue, described more particularly in the said application which is on file in the office of the Secretary of the Planning Commission of the City; and b) That pursuant to the applicable provisions of the Planning and Zoning Law (Sections 658000 et seq. Of the Government Code of the state of California) studies were commenced for the purposes of amending the Zoning Map of the City of Baldwin Park; and C) That a duly noticed public haring was held upon said matter by the Planning Commission, and based upon the evidence presented, it was determined that the public necessity, convenience, and general welfare warranted that it recommended approval of the reclassification to FC (0); and d) That the City Council conducted a duly noticed public hearing on said matter and based upon each member of the Council being familiar with the site it was determined that the public interest, necessity, convenience and general welfare warrant the change in zone classification, herein described. SECTION 2. That notwithstanding the provisions of Sections 153.630 - 153.646 of the Baldwin Park Municipal Code, the Zoning Classification of the property be and is hereby reclassified from FC to zone FC (0). SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed negative Declaration of Environmental Impact, and comments relating thereto. That the City Council, based on its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall file the Notice of Determination and Negative Declaration of Environmental Impact. PASSED AND APPROVED ON THE 17'" of MAY, 2000 MANUEL LOZANO, MAYOR Ordinance 1163 May 17, 2000 Page 2 ATTEST KATHRYN TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF BAL ©WIN PARK ) I, KATHRYN TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon it's first reading at a regular meting of the City Council on May 17, 2000. That there after said Ordinance was duly approved and adopted at a regular meeting of the City Council on , 2000 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: KATHRYN TIZCARENO, CITY CLERK II _BALDW IN rIA,Rr K TO: CITY OF BALDWIN PARK FROM: �a Subject: Mayor and City Council CITY COUNCIL AGENDA MAY 1 7 2000 MEMPfliffi, DUM Sum Mike Salas, Interim Director of Recreation and Community Services Tuesday, May 9, 2000 Cesar E. Chavez Amphitheater bronze plaque. Purpose This report is an update in regards to the bronze plaque to be placed at the Cesar E. Chavez Amphitheater in Morgan Park. Background On February 21, 1996 City Council meeting, the Council unanimously agreed to dedicate the Morgan Park amphitheater in memory of Cesar E. Chavez. It was also agreed that a bronze plaque would be mounted at the amphitheater. Discussion Since the last discussion, staff has acquired plaque cost from a local vendor. Attach are two different designs that were submitted for price quotes. Please note that here is a significant cost difference if a six -inch bust (pictorial) is added to the design. Please review the following information: Option 1: Design #1 14" x 18" bronze plaque $ 474.40 Option 2: Design #2 14" x 24" bronze plaque with 6" bust $ 1,367.46 (price include tax) Recommendation Staff recommends that the City Council: 1. Review the designs for approval or modifications. 2. Select the final option and authorize staff to order the plaque for installation. 3. Purchase the plaque so that the dedication can be honored at one of the upcoming concerts in the park series. 4. Once the plaque is, completed, I would recommend mounting the plaque on one of the backside., pillars of the amphitheater were the existing bronze plaques are on display. Report Prepared by Mike Salas, Interim Director of Recreation £t Community Services Status Repor(:lchavez2 / 76 � �- � -, (' � #-, / Cesar E. ChaveA Morgan Park Amphitheater Dedication April 6, 1996 �. improving'-:'the quality of life for humanity and his approach to social justice, without violence. 2000 Council Mayor: Mayor Pro -tem: Council Member: Council Member: Council Member: Manuel Lozano Ricardo Pacheco Linda Gair Bill Van Cleave Marlen Garcia Mayor: Mayor Pro -tem: Council Member: Council Member: Council Member: Fidel Vargas Raul Martinez Lowes C Teri G. Muse Manuel Lozano 11,11: 11111 !1 U031INEM 6�lv zL'Z For ftis Commitment towards improving the quality of life for humanity and his approach to social Justice without violence. 200.0-401 Mayor Mayor Pro-tem- Council Member- OU cl[ Member: 'ouncil Manuel Lozano Ricardo Pacheco Linda Lair Bill Van: Cleave Marlen Garcia 1996 Council Mayor. Fidel Vargas. Mayor.Pro-tem: Rul rtinez a Ma Counci] Member: Betty Lowes Cou ncjI'M ember: Teri: G., Muse Council Member: Manue[ Lozano CITY OF SAL ©WIN PARK STAj TO: Honorable Mayor and Members of the City Council FROM: Rick Forintos, Interim Community Development Direct DATE: May 17, 2000 1 1 . I;O MAY 1 7 2000 SUBJECT: Downtown /Civic Center Strategic Revitalization Implementation Work Program - Downtown Main Street Visions (DMSV) Contract Agreement. PURPOSE: The purpose of this staff report is to request the City Council to consider the approval of the Contract with Downtown Main Street Visions (DMSV) for establishing a Baldwin Park Downtown /Civic Center Property -Based Business Improvement District (PBID). This report also discuss_ es the use of business license AB .1693 assessment funds to pay for the project. BACKGROUND I DISCUSSION: In July 1998, the City Council retained the services from Ron Cano, Downtown Main Street Visions (DMSV) to analyze the economic revitalization of the Downtown area. On September 9, 1998, the City Council approved the recommendations made by DMSV and to initiate a process with downtown property owners and merchants with the goal to reestablish the Downtown as the focal point for the local community. DMSV assessed the feasibility of a Property Based Business Improvement District (PBID). A PBID is a public /private partnership through which property owners within a specified district agree to assess themselves for agreed upon improvements, activities and management functions. By establishing a PBID, this implementation tool will empower the downtown property owners and businesses with the budget resources to improve business conditions. • DMSV held an Informational Workshop on December 7, 1999. Support was given to approve the proposed Public 1 Private Partnership and form a PBID. p An informational meeting was held on April 11, 2000. The consensus was to proceed forward with the assessment district. • On April 26, 2000, a Decision - Making Workshop was held to publicly discuss the Strategic Implementation Work Program and action was taken to proceed forward with the steps to form a PBID and consider using AB 1693 funds. Staff requested a legal opinion from the City Attorney. Based upon City Attorney legal opinion, the City may use funds from the Citywide Business Improvement Area assessments (AB 1693) to pay for the DMSV contract to establish the Downtown PBID. In addition, the City is not required to pay back the AB 1693 fund per our Attorney legal opinion. According to the Finance Department, the estimated balance of the AB 1693 funds is in the amount of $38,315. As indicated in the Contract (see Attachment #1), DMSV will proceed with all legal, procedural, and administrative tasks required to establish a PBID, including the preparation of the Petition, Management District Plan, Detailed Engineer's Report, draft public hearing notices, draft City Council Resolutions, preparation of Articles of Incorporation and Bylaws for the PBID non - profit organization, and handle the appropriate flings. As outlined in the Contract Scope of Services, Steps 1 through 6 include organization of a PBID Advisory Group, development of PBID models, generate business support and the preparation and gathering of signatures on the Petition. The next Steps 7 through 11 include the submittal of the Petition, City Council consideration of the Resolution of Intent, schedule a public hearing and set up of a PBID Management Organization. • Part 1 - Steps 1 through 6. for $18,000 (City can terminate at this point) • Part 2 - Steps 7 through 11 for $10,500 • Total DMSV Contract at $28,500 Should the City decide not to proceed with the establishment of the PBID after the completion of Part 1, the City may terminate prior to Part 2 of the contract. No further costs associated with the Downtown would be required. PubliclPrivate Partnership Should the PBID be.approved, Attachment #2 describes the City contributions and proposed budget. It should be pointed out at this time that the City costs range from $50,030 to $120,500. The difference is in the level of Police services. The estimated annual cost for City management and financial responsibilities are estimated at $50,030. This cost includes a Police volunteer to patrol the Downtown. However, this volunteer is not a Police Officer. Costs absorbed by the City are proposed for on -going Graffiti removal, design /installation of banners and a traffic circulation study. • Should the City Council agree with the Police Chief s recommendation then the annual cost will be at $120,500. In order to provide a higher level of service, Staffs recommendation includes the costs associated with one Bike and/or Foot Patrol Officer assigned specifically to the Downtown. The above level of Police services can be discussed by staff and consultant after the. approval ©f this contract and decide upon a satisfactory level of Police service for the Downtown prior to committing the City to other alternatives. A budget decision does not have to be made at this point. RECOMMENDATION: Staff recommends that the City Council approve a contract agreement with Downtown Main Street Visions for. consultant services to proceed with the requirements to officially establish a Property -Based Business Improvement District and use AB 1693 funds to pay for the DMSV Contract. Attachment • Attachment #1 Contract for Services- Downtown /Civic Center Project Area Formation of Property Based Business Improvement District (PBID). • Attachment #2 Budget and Resource Requirements. • Attachment #3 Bike and/or Foot Patrol Program Description CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this day of May, 2000 between the City of Baldwin Park and the Baldwin Park Redevelopment Agency and other related Agencies„ hereinafter referred to as "CLIENT ", and DOWNTOWNIMAIN STREET VISIONS (DMSV) an independent contractor operating as a Sole Proprietor, hereinafter referred to as "CONTRACTOR ". ARTICLE 1. TERM OF,,C ONTRACT Section l .01. This agreement will become effective on May , 2000, and will continue until the agreed professional services have been completed unless sooner terminated pursuant to the terms of this Agreement. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Section 2.01. CONTRACTOR agrees to perform professional consulting services specified in the proposal titled 'Baldwin Park Downtown/Civic Center Project Area, Formation of Property Based Business Improvement District," dated May 1, 2000. The Scope of Services included in the above referenced Proposal is attached hereto as Exhibit A and made a part of the Agreement as fully set forth herein_ Res nsible CONTRACTOR In Char e . Section 2.02. Mr. Ronald E. Cano, Principal, will serve as principals -in- charge of contract responsibilities. Mr: Cano will serve as the employee of CONTRACTOR principally responsible for day to day management of the Contractor's obligations under the Agreement and shall serve as principal liaison between CLIENT and CONTRACTOR.- Method of Performing Services Section 2.03. CONTRACTOR, in consultation with the CLIENT, will determine the method, details and means of performing the above referenced services. .ARTICLE 3 COMPENSATION AND SCHEDULE OF PAYMENT Section 3.01. As sole and complete consideration for the services performed by CONTRACTOR, and as specified in the Scope of Services, Exhibit "A," the CLIENT agrees to pay CONTRACTOR a fixed professional services fee of $28,500. Any out -of- pocket expenses must be Approved in advance and will be billed at actual cost. Requests for additional professional services that go beyond the agreed upon Scope of Services will be billed at an hourly rate of $95, or at a fee amount mutually agreed upon. ATTACHMENT #1 Pa meat of Compensation Section 3.02. The CONTRACTOR shall timely submit to the CLIENT a written statement of services provided in accordance with the Scope of Services. The CLIENT agrees to pay amount due to CONTRACTOR within twenty (20) days following written statement of services, and upon completion of the following STEPS, in accordance with the STEPS detailed in Project Scope of Services: • $10,000 FOLLOWING COMPLETION OF STEPS l and 2 • $8,000 FOLLOWING COMPLETION OF STEPS 3, 4, 5, and 6 *City could terminate Contract • $4,000 FOLLOWING COMPLETION OF STEP 7 and 8 after Step 6 is completed. • $3,500 FOLLOWING COMPLETION OF STEPS 9 and 10 $3,000 FOLLOWING COMPLETION OF STEP I I Payments shall be made to DOWNTOWNAIAIN STREET VISIONS on the basis of submitted statements of services rendered, plus reimbursement of out -of- pocket expenses previously approved as described under Section 3.01 of the Contract for Services. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Section 4.01. CONTRACTOR agrees to devote the number of hours necessary to perform the services describe in the Scope of Services Proposal in a competent and workmanlike manner. CONTRACTOR will perform services so as not to be in conflict with interests of other clients nor the CLIENT. Legal Responsibilities Section 4.02. CONTRACTOR shall secure, pay for and maintain in full force and effect for the duration of this Agreement required Workers Compensation, General Liability, and Automobile Insurance(s) coverage. A certificate of insurance for the above shall be submitted to the Client prior to commencement of work. In addition, CONTRACTOR shall keep itself informed of, and shall comply with, federal, state and local law and regulations, which affect its performance under this Agreement, Assignment Section 4.03. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONTRACTOR, without the prior written consent of CLIENT. Insurance coverage shall not be terminated without an adequate substitution to the satisfaction of the Client. ARTICLE 5. OBLIGATIONS OF CLIENT Cooperation of CLIENT OA Section 5.01. CLIENT agrees to comply with all reasonable requests of CONTRACTOR and to provide access to all documents reasonably necessary for the performance of Contractor's duties under this Agreement. ARTICLE 6. TERMINATION OF AGREEMENT Termination Upon Notice Section 6.01. The CLIENT may terminate this Agreement upon giving a thirty (30) day M written notice and CONTRACTOR may terminate this Agreement upon giving a thirty (30) day written notice. In the event of such termination, CONTRACTOR shall be entitled to. be paid for all staffing fees and expenses incurred prior to the date of such notice. ARTICLE 7. GENERAL PROVISIONS Time Section 7.01. Time is of the essence of this Agreement. Independent CONTRACTOR Section 7.02. CONTRACTOR is and at all time shall remain as to CLIENT a wholly independent CONTRACTOR. CONTRACTOR shall not, at any time or in any manner, represent that he is an officer, employee or agent of the CLIENT. CONTRACTOR shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts and Labor Code of the State of California. CONTRACTOR shall not have any claim or right to any benefits or privileges available to an employee of the CLIENT, such as retirement, health insurance and other similar benefits and shall be responsible for all such benefits, at his own cast and expense. QM.ership of Documents Section 7.03. Upon completion of any writing required to be provided by CONTRACTOR in the course of performing any of the above described services, or upon sooner termination of this Agreement, all completed original documents, or documents presented to Client, and in Client's possession prepared by CONTRACTOR shall become the sole property of CLIENT and may be used, reused on any other project by CLIENT without the permission of the CONTRACTOR. If a document is in draft form it shall always be stamped "Draft." Hold Harmless Section 7:04. CONTRACTOR agrees to indemnify, save, keep and hold harmless the CLIENT, all of its officers, agents, and employees from all claims, actions, suits, damages, costs or expenses, caused, resulting directly or indirectly from or connected with Contractor's performance of this Agreement (including but not limited to such liability, costs, damage, loss, claim, or expense 3 arising from the death or injury to an agent or employee of CONTRACTOR), or damage to the property or CONTRACTOR, or CLIENT, or the property of any agent or employee of CONTRACTOR, regardless of.the passive or active negligence of CLIENT or arising out of, any negligent act on the part of CONTRACTOR in regard to any function or activity carried out by CONTRACTOR on behalf of the CLIENT pursuant to the terms of this Agreement. CONTRACTOR shall name CLIENT, its officers, employees and agents as an additional insured. General liability insurance policy shall not be less than $1,000,000 per occurrence. CONTRACTOR shall provide CLIENT with appropriate Certificates of Insurance evidencing coverage as required herein upon request and further, that said coverage shall not be canceled or terminated without thirty (30) days prior written notice to CLIENT. Notices Section 7.45. Any notice to be given hereunder by either party to the other shall be affected either by personal delivery in writing, or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the CLIENT in care of Mr. Rick Forintos, Interim Director of Community Development, and to CONTRACTOR, in care of Ronald E. Cano, Principal, DOWNTOWN/MAIN STREET VISIONS, 214 Main Street, #18, El Segundo, CA 90245, however, each party may change the address by written notice in accordance with this section. Governing Law Section 7.46. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Executed in duplicate at the City of Baldwin Park, California, on the date and year first herein above written. DOWNTOWN/MAIN STREET VISIONS City of Baldwin Park Ronald E. Cano Principal Approved as to form: By City Attorney 4 By: Mayor Attest: By: City Clerk DOWNTOWN/MMNSTREET VISIONS DOWNTOWN /CIVIC CENTER PROJECT AREA FORMATION OF PROPERTY BASED BID . SCOPE OF SERVICES As DOWNTOWN/MAIN STREET VISIONS (DMSV) pointed out in our original proposal, as a firm we strongly believe that any effort to determine the feasibility of forming a Bid, whether it be a Property and/or Business Based BID, the effort should be based upon EDUCATION, presenting OPTIONS, and CONSENSUS BUILDING. As such, over the past several months, DMSV facilitated a "PROCESS" designed to: 1) educate the Project Area Stakeholders (property owners, merchants, and adjacent residents) on the "Critical. Components" associated with creating successful mix -use business districts; 2) bring to the surface issues relevant and unique to the Project Area; 3) reach, Consensus Support on Strategic Priorities and Implementation. Strategies; 4) present optional implementation and budget support "TOOLS" (including the formation of a BID), and 5) create a Public/Private Partnership with shared management and budget support responsibilities. Specifically, DMSV set out to accomplish the following Project Objectives in facilitating the Baldwin Park Downtown/Civic Center Revitalization Strategic Planning Process: 1. To review existing documentation on the project to avoid duplication of effort and to use as a basis for our Project Team's own analysis. 2. To engage into an educational exercise that would encourage the Stakeholders to focus on the "Critical Components" associated with sustaining longterm economic Revitalization; such as marketing and promotion, enhanced levels of security, public and private property maintenance, creating a pedestrian experience, special events and activities, etc. 3. To develop a results oriented Public/Private Partnership with shared program management and financial support responsibilities (conceptual framework endorsed by City Council and Downtown leadership). 4. To demonstrate to all Stakeholders, especially property owners, the "Value Added" to them directly for their active financial and management support and participation in the affairs of the Project Area, and for being part of an organizational structure that is created to serve as an "Advocate" for their interests. EXHIBIT A 5. Through a direct outreach effort, we achieved a greater level of participation and interest in the affairs of the Project Area (especially from key property owners). b. We developed a greater understanding amongst the Project Area Stakeholders on the importance for creating the Downtown/Civic Center business district unique and distinct within the greater competitive market place. 7. We educated Stakeholders on optional creative and conventional ways certain improvements and activities directly beneficial to property owners and businesses can be cost effectively financed and managed through the creation of a Property Based BID (PBID SCOPE OF WORK: Now that DMSV has completed the Strategic Planning Process and reached consensus support from key Project Area property and business owners for creating a Property Based BID (as detailed in the Implementation Work Program recently submitted to the City Council), we propose the following Major Tasks and Steps leading to the formation of a PBID for the Baldwin Park Downtown/Civic Center Project Area: Task 1-- As previously stated, BIDs are Public/Private Sector Partnerships through which property owners within a specified district/zone agree to assess themselves for agreed upon improvements,' activities, and management functions. There are a variety of ways in which this can be done; however, the most important issue is that the levy of this special property tax assessment is considered fair and equitable by all property owners. Our Project Team will work with the Project Area leadership and City Staff to refine the components by which the special property tax assessment can be generated. The components that will be refined include total land square footage of each use, total square footage of built space, linear street frontage, location and use of property, or combinations thereof Task 2 — Based upon the input received from the Project Area leadership and DMSV's professional assessment to address the priority needs established through the Strategic Planning Process, to structure a PBID at a budget threshold of between $75,000 to $100,000 per year for a five (5) year period, our Project Team will refine the costs associated with specific program expenditures to fall within this range. As detailed in the Implementation Work Program, these program expenditures include, but are not limited to hiring a professional Downtown Coordinator, and providing funding for collaborative marketing, advertising, special events, and promotional activities_ The information and documentation generated through Tasks 1 -2 will serve as the basis for preparing the legally required "Petition, Management District Plan and Detailed Engineers Report." In summary, administratively and procedurally, our Project Team will pursue the following STEPS to forming the desired PBID- 2 1. ORGANIZE: Our Project Team will organize a "Core Group" of property and business owners, within a definable geographical area that will take on the role of the PBID Advisory. Group and serve as the PBID Proponents. Initially the Core Group's role is to lead the PBID efforts and provide guidance, information, and leadership with the business community. 2. DEVELOPMENT OF OPTIONAL PBID MODELS: Our Project Team will work with the Core Advisory Group to establish the perameters by which the assessments will be apportioned in a manner that establishes the "nexus" between the amount. received paid and the benefit each property owner will receive. DMSV will present at least three (3) computer generated models for consideration. 3. ESTABLISH PUBLIC/PRIVATE PARTNERSHIP: Since discretionary approval of the City Council is required, our Project Team will work closely with City Staff to actively develop the PBID. 4, GENERATE BUSINESS AND ADJACENT RESIDENTIAL. COMMUNITY SUPPORT: Since formal City Council approval is necessary, it is imperative that the PBID proponents at the early stages- of the formation process demonstrate that Project Area property owners, businesses, and adjacent residential community have an interest in the formation of the PBID. 5. PREPARATION OF THE PETITION AND MANAGEMENT DISTRICT PLAN: Our project will handle all technical, administrative, and legal aspects for preparing and documenting all information and material to meet the requirements of City Policy, the 1994 Act as amended, and Proposition 218. b. GATHER SIGNATURES ON THE PETITION. 7. SUBMIT PETITION AND N ANAGAEMENT DISTRICT PLAN TO CITY COUNCIL. 8. CITY COUNCIL CONSIDERATION OF "RESOLUTION OF INTENT ": During this Step the City Council establishes the PBID assessment levy; officially appoints the required Advisory Committee; approves the Management District Plan; and authorizes the sending the Mail -In Ballots and schedules a Protest Hearing. 9. Public Hearing - Handling of Protests. 10. Establishment of a "Service Agreement" with the City and PBID Management Organization (non - profit organization) to maintain current level of services and clearly define enhanced levels supported by the PBID. 11. Upon successful establishment of the PBID, DMSV will set up a non -profit corporation and prepare the appropriate Bylaws, Articles of Incorporation, and filings. SCHEDULE AND PROPOSED BUDGET: Based upon our Project Team's experience and taking into consideration the time and overall strategy recommended to gain consensus support, typically it takes approximately six (6) months from our receipt of your written authorization to complete the above listed major tasks and steps. PROPOSED COSTS FOR PROFESSIONAL SERVICES; Completion of Steps 1 -6= $18,000* PHASE I Completion of Steps 7 -11- $10,500 PHASE 11 TOTAL = $28,500 ** *The City has right to terminate after Steps 1 -6 are complete (Per Ron Cann on April 26, 2000) * *Exclusive of pre - approved out-of-pocket expenses. 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N ;� ' , N C U. 47 w w ro X g m n ro m a _ is CD CD m w N N iy p a> i N X n iN CL CU � i- O N m-�-ov c c.-� 0 CL E .00 O m t M 0 -0 r.L C -� C_ O tD 0 c w is (D 0 M to � (D 0 w CD .b S Q N. ( CD N � m (D 0 � y � CD i3 0 m 3 r+ R '0 q� \/ m w O 0 z `ii '7 0 PROGRAM CATEGORY: PUBLIC SAFETY AND IMAGE ENHANCEMENT PROJECT NAME: BIKE ANDIOR FOOT PATROL PROGRAM PROJECT GOAL: TO CHANGE THE PUBLIC'S PERCEPTION THAT THE DOWNTOWN IS NOT A SAFE ENVIRONMENT, AND ENHANCE THE.IMAGE OF THE DOWNTOWN BY CREATING AN ENVIRONMENT WHERE VISITORS FEEL SAFE DURING PEAK BUSINESS HOURS AND DURING PERIODS OF TIME WHERE PEOPLE ARE ENCOURAGED TO SPEND THEIR LEISUE TIME. PROJECT DESCRIPTION: The feedback received from the Opinion Surveys and individual interviews, especially from residents/visitors, clearly established that people perceive the downtown as not being safe. Along with such reasons as poor lighting, isolated parking, low density of people during evening hours, the presence of threatening looking people just hanging out, graffiti, police department incident reports in newspapers, etc., respondents indicated that they rarely see public safety personnel in the downtown. In addition, respondents conveyed that they frequently read in the local newspapers a disproportionate amount of incidents of criminal activity in the Downtown. Based upon DMSV's research, from a statistical point of view, the crime rate and/or log of incident reports indicate that the Downtown is one of the safest places within the City. In terms of defining the problem, it is clear that people do not feel comfortable in the Downtown, or have chosen to not visit the downtown becausethey "perceive" it as not being safe. Using models successfully developed by DMSV, or ones studied in successfully revitalized downtown business districts where "perception" is the issue, DMSV has found the most successful strategy is to increase the visibility of public safety personnel during specific periods of time that people are shopping, strolling, and visiting_ In addition, we have found that using sworn officers in full uniform (gun, 'handcuffs, baton, maze, etc.) projects a feeling that a problem in fact does exist. Also, taking into consideration the salary and benefits of sworn personnel, it is not a cost- effective way to deal with the "perception issue.". Visitors/shoppers need to sense that they are in a managed environment and that in the event an incident were to occur, there will be someone of authority to render assistance. As an alternative to using sworn personnel, DMSV recommends the implementation of a Police Department supervised bike and/or foot patrol program using Community Service Officers (CSO) and/or volunteers with distinguishable uniforms. The key to such a program is to have these people distinguishable with uniforms and to have them assigned to specific time periods on a constant staffing basis. It is important that the personnel assigned to this program are trained in customer relations, informed on tenant mix and activities within the Downtown, and understand their role as "Downtown Ambassadors_" (This project description is from the Recommended Implementations Work Programs within the Downtown /Civic Center Strategic Revitalization Implementation Work Program prepared by Ron Cano of Downtown Main Street Visions.) I ATTACHMENT O PROTECT O]BJECTI"VES: • To develop and implement a customer relations oriented downtown patrol program supervised by the Police Department. • To provide standard uniforms that project a friendly and professionally managed business district. • To establish constant staffing during specific business hours and time periods when visitors are encouraged to stroll and spend their leisure time. • To assign and train personnel to establish a personal relationship with businesses and serve as greeters'(Ambassadors) for the Downtown. • To train and equip personnel to serve as the eyes and ears for the Police Department (proactive v.s. reactive). • To incorporate light "Porter" responsibilities such as litter control and light cleaning of street furniture as part of job duties and responsibilities. PROJECT ACTION ITEMS: • Police Department to develop the specifics of the Project by incorporating supervisory responsibilities within existing staffing levels and utilize volunteers and/or minimum wage personnel to carry out functions of position. • City through its Police Department, to work with downtown leadership to establish staffing schedule and specifics of job duties and responsibilities. •' Implementation of program should be contingent upon successful formulation of a private sector driven PBID and establishment of centralized business district management through a professional Downtown Management Organization. BUDGET AND RESOURCE REQUIREMENTS: • Police Department supervisory responsibilities to be decided by Police Chief. Options to include absorbing costs within existing staffing levels and/or hiring new personnel. • Uniforms for approximately (8) volunteers estimated at $480 annually. • Radio communications equipment estimated at $750 for three units. • Porter support equipment, i.e. litter scupper estimated at $300. • Daily per diem (lunch/snack while on duty) estimated at $3,000. TOTAL ESTIMATED ANNUAL COST: $4,530 2 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of May , 2000 between the City of Baldwin Park and the Baldwin Park Redevelopment Agency and other related Agencies, hereinafter referred to as "CLIENT ", and DOWNTOWN /MAIN STREET VISIONS (DMSV) an independent contractor operating as a Sole Proprietor, hereinafter referred to as "CONTRACTOR." ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on May , 2000, and will continue until the agreed professional services have been completed unless sooner terminated pursuant to the terms of this Agreement. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Section 2.01. CONTRACTOR agrees to perform professional consulting services specified in the proposal titled "Baldwin Park Downtown /Civic Center Project Area, Formation of Property Based Business Improvement District," dated May 1, 2000. The Scope of Services included in the above referenced Proposal is attached hereto as Exhibit A and made a part of the Agreement as fully set forth herein. Responsible Contractor In Char e Section 2.02, Mr. Ronald E. Cano, Principal, will serve as principal -in- charge of contract responsibilities. Mr. Cano will serve as the employee of CONTRACTOR principally responsible for day to day management of the Contractor's obligations under the Agreement and shall serve as principal liaison between CLIENT and CONTRACTOR. Agency Supervision Section 2.03. eONTRAeTOR, in eonstlitation with eLIENT, will determine the Method, details and means of performing the above referenced serviees. The CLIENT'S Chief Executive office E d i ne h 11 ha the h of ner 1 supervision Qf all w rk performcd b CONT TOR_and shall b t e A enc a ith re e t to b ain' CONTRACTORS eom Ii ce her der. No ent f r_ r i es r nd rQd under tUi AzreemenlAall Ne made without t prior approv aI f the CEO qr her designee. m CONTRTQR shall work coo eratively with ' em 1 ees an de en e t c ntra t r in fulfilling the terms of the contract. ARTICLE 3. COMPENSATION AND SCHEDULE OF PAYMENT Section 3.01. As sole and complete consideration for the services performed by CONTRACTOR, and as specified in the Scope of Services, Exhibit "A," the CLIENT agrees to pay CONTRACTOR a fixed professional services fee of $28,500. Any out -of- pocket expenses must be approved in advance and will be billed at actual cast. Requests for additional professional services that go beyond the agreed upon Scope of Services will be billed at an hourly rate of $95, or at a fee amount mutually agreed upon. Payment of Compensation Section 3.02. The CONTRACTOR shall timely submit to the CLIENT a written statement of services provided in accordance with the Scope of Services. The CLIENT agrees to pay amount due to CONTRACTOR within twenty (20) days following written statement of services, and upon completion of the following STEPS, in accordance with the STEPS detailed in Project Scope of Services: • $10,000 FOLLOWING COMPLETION OF STEPS 1 and 2 • $8,000 FOLLOWING COMPLETION OF STEPS 3, 4, 5, and 6 • $4,000 FOLLOWING COMPLETION OF STEP 7 and 8 • $3,500 FOLLOWING COMPLETION OF STEPS 9 and 10 • $3,000 FOLLOWING COMPLETION OF STEP I 1 Payments shall be made to DOWNTOWN/MAIN STREET VISIONS on the basis of submitted statements of services rendered, plus reimbursement of out-of-pocket expenses previously approved as described under Section 3.01 of the Contract for Services. Section 3.03. CLIENT shall have the right to.iermi_nate this A r ement after the cm letion f Step 6 in the event any circumstances arise that makg continuation of formation ofhe Pro er$$ase Business Improvement District impossible or imnraetiicable. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Section 4.01. CONTRACT agrees to devote the number of hours necessary to perform the services described in the Scope of Services Proposal in a competent and workmanlike manner. CONTRACTOR will perform services so as not to be in conflict with interest of other clients nor the CLIENT. Legal Responsibilities Section 4.02. CONTRACTOR shall secure, pay for and maintain in full force and effect for the duration of this Agreement required Workers Compensation, General Liability, and Automobile Insurances) coverage. A certificate of insurance for the above shall be submitted to the Client prior to commencement of work. In addition, CONTRACTOR shall keep itself informed of, and shall comply with, federal, state and local law and regulations, which affect its performance under this Agreement. Assignment Section 4.03. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONTRACTOR without the prior written consent of CLIENT. Insurance coverage shall not be terminated without an adequate substitution to the satisfaction of the Client. ARTICLE 5. OBLIGATIONS OF CLIENT Cooperation of CLIENT Section 5.01. CLIENT agrees to comply with all reasonable requests of CONTRACTOR and to provide access to all documents reasonably necessary for the performance of Contractor's duties under this Agreement. ARTICLE 6. TERMINATION OF AGREEMENT Termination Upon Notice Section 6.01. The CLIENT may terminate this Agreement upon giving a thirty (30) day written notice and CONTRACTOR may terminate this Agreement upon giving a thirty (30) day written notice. In the event of such termination, CONTRACTOR shall be entitled to be paid for all staffing fees and expenses incurred prior to the date of such notice. ARTICLE 7. GENERAL PROVISIONS Time Section 7.01. Time is of the essence of this Agreement. Independent CONTRACTOR Section 7.02. CONTRACTOR is and at all times shall remain as to CLIENT a wholly independent CONTRACTOR. CONTRACTOR shall not, at any time or in any manner, represent that he is an officer, employee or agent of the CLIENT. CONTRACTOR shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts and Labor Code of the State of California. CONTRACTOR shall not have any claim or right to any benefits or privileges available to an employee of the CLIENT, such as retirement, health insurance and other similar benefits and shall be responsible for all such benefits, at his own cost and expense. Ownership of Documents Section 7.03. Upon completion of any writing required to be provided by CONTRACTOR in the course of performing any of the above described services, or upon sooner termination of this Agreement, all completed original documents, or documents presented to Client, and in Client's possession prepared by CONTRACTOR shall become the sole property of CLIENT and may be used, reused on any other project by CLIENT without the permission of the CONTRACTOR. If a document is in draft form it shall always be stamped "Draft." Hold Harmless Section 7.04. CONTRACTOR agrees to indemnify, save, keep and hold harmless the CLIENT, all of Its officers, agents, and employees from all claims, actions, suits, damages, costs or expenses, caused, resulting directly or indirectly from or connected with Contractor's performance of this Agreement (including but not limited to such liability, costs, damage, loss, claim or expense arising from the death or injury to an agent or employee of CONTRACTOR), or damage to the property or CONTRACTOR, or CLIENT, or the property of any agent or employee of CONTRACTOR, regardless of the passive or active negligence of CLIENT or arising our of, any negligent act on the part of CONTRACTOR in regard to any function or activity carried out by CONTRACTOR on behalf of the CLIENT pursuant to the terms of this Agreement. CONTRACTOR shall name CLIENT, its officers, employees and agents as an addition insured. General liability insurance policy shall not be less than $1,000,000 per occurrence. CONTRACTOR shall provide CLIENT with appropriate Certificates of Insurance evidencing coverage as required herein upon request and further, that said coverage shall not be canceled or terminated without thirty (30) days prior written notice to CLIENT. Notices Section 7.05. Any notice to be given hereunder by either party to the other shall be affected either by personal delivery in writing, or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the CLIENT in care of Mr. Rick Forintos, Interim Director of Community Development, and to CONTRACTOR, in care of Ronald E. Cano, Principal, DOWNTOWN/MAIN STREET VISIONS, 214 Main Street, 418, El Segundo, CA 90245, however, each part may change the address by written notice in accordance with this section. Governing Law Section 7.06. This Agreement shall be governed by and construed in accordance with the laws of the State of California and venue shall be in the Q My of Los Angeles, State of California. i ■ i vnn 111 mv, 1fatv . i '. above Entire Agree ,s et3t Section 7.07. Thies ent c nt ins the n ' nderstandin between the CLIENT and CON TRAC OR• . Any reement r mi es e tiation r re re entations not ex re s forth herdn are �f n ©_�rce or effect, Subseauent.m�difica�n.�,_t -cam i r nt hall f only if in writin If any tcrm, condition or covenant of this A reement is hLeldby a CQurt Of COMDetca i di ti n t i d or nenf eeable, the remaining soul i n Qfthi&Agr .gp=nt shall be valid a bi din . giver ection 7 Waived an a beret of r condition or covenant of this Agree_—tnt shall—not constitute the waiver_of anv other term. condition or covenant hereof. Binding Effect Secti.on-7.09. Tb Aareement $half bebe bindin_u -� d shall inure o the benefit of the Uccessors of each of the parties hereto. Attornev's-Fees ti n 7.10. f liti ati n i reasonably required t� enfarce or interrnret the�rovrsi�ns of this Areemer►t the nrevailan?arty in suchii ion shall be entitled to n award of reasonable attorney's fees in addition to anth_erxelief to which it may be entitled. Section 7.1 1 Executed in i fie at the i dwin Park lifor ' on the ate and ear fir h ero above written. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DOWNTOWN/MAIN STREET VISIONS City of Baldwin Park R Ronald E. Cano Principal By: Mayor Attest: By: City Clerk Approved as to form: By: City Attorney CITY COUNCIL AGENDA MAY 1 7 2000 ITEM N0. pC 9 CITY OF BALDWIN PARK STAFF REPORT RAi DWINt TO: Honorable Mayor and City Councilmembers, Honorable Chairman and Boardmembers of the Redevelopment Agency and Financing Authority FROM: Rick Forintos Community e Interim Communi Develo nt cto�� Jose Sanchez, Interim Finance. Director Suzanne Harrell, Rod Gunn Associates, In . DATE: May 17, 2000 SUBJECT: Joint Meeting of City Council, Redevelopment Agency and Financing Authority for the approval of Tax Allocation Bonds Financing Documents (Merged Project Area) PURPOSE This staff report introduces to the (1) City Council, (2) Redevelopment Agency Board and the (3) Financing Authority Board the proposed resolutions to approve the issuance of tax allocation bonds for the Agency's Merged Redevelopment Project. BACKGROUND On February 16, 2000, the City Council was presented with a Financial Plan (Assessment) for the Redevelopment Agency which outlined certain steps that would be required for the Agency to generate enough bonding capacity to complete the acquisition of the 24 -acre site adjacent to the San Bernardino Freeway. One of the steps outlined in the Financial Plan (Assessment) was to merge five of the Agency's six redevelopment project areas. This action was approved by the Agency on April 26, 2000. The next step of the Financial Plan is to authorize the issuance of tax allocation bonds of the Merged Redevelopment Project. The proceeds of the bonds are to be used to refinance certain Agency obligations and provide for additional funding of acquisition costs. DISCUSSION To provide for the issuance of tax allocation bonds for the Merged Redevelopment Project, the Agency Board must adopt a resolution approving the form of various legal documents required to complete the transaction. These documents are "nearly final" and are only missing information such as final interest rates that won't be known until the bonds are actually sold. The Agency resolution provides that the Chief Executive Officer may-award the sale of the bonds as long as the interest rates and compensation to the Underwriter are within the. limits established in the resolution. The limitations in the Resolution are as follows: (1) the total amount of bonds may not exceed $11. million, (2) the interest rate may not exceed 7% and (3) the compensation to the Underwriter may not exceed 1.25% of the final principal amount of the bonds. It is expected that the final principal amount of the bonds will be approximately $9.5 million. The higher authorization of $11 million (not to exceed amount) provides for a situation where actual interest rates are lower than anticipated, allowing the Agency to increase the bond size without further action by the Agency. The Resolutions provide for the Agency Board approval of the-form of the following documents, which are on file with the City Clerk: • Indenture of Trust, by and between the Agency and U.S. Bank Trust National Association (the "Trustee "); • Escrow Deposit and Trust Agreement, by and between the Agency, the Baldwin Park Financing Authority (the "Authority ") and the Trustee; ■ . Continuing Disclosure Certificate; Purchase Contract, by and between the Agency, the Authority and the Underwriter; and ■ Preliminary Official Statement. The Resolutions also approve the engagement of Rod Gunn Associates as the Financial Advisor for the bonds, Jones Hall as Bond Counsel, U.S. Bank Trust National Association as Trustee. Disclosure Counsel and Underwriter will be designated by the Executive Director of the Redevelopment Agency at a later date. The City Council and the Financing Authority Board also have been presented with separate resolutions for their consideration. The City Council resolution approves the Agency borrowing. The Financing Authority Board resolution approves the Agency borrowing and also approves the form of certain of the above - outlined legal documents. The Financing Authority was a party to several of the prior bond issues now being refinanced by the Agency. RECOMMENDATIONS That the City Council, Redevelopment Agency and Financing Authority approve the following Resolutions: Resolution 2000 -48 of the City Council of the City of Baldwin Park approving issuance by the Baldwin Park Redevelopment Agency of not to exceed $11,000,000 aggregate principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, and providing other matters properly relating thereto; and 2. Resolution 351 of the Baldwin Park Redevelopment Agency authorizing issuance of not to exceed $11,000,000 aggregate principal amount of Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, approving and authorizing and directing execution of indenture of trust relating thereto, authorizing sale of such bonds, approving Official Statement, and providing other matters properly relating thereto; and 3. Resolution FA 2000 -01 of the Baldwin Park Financing Authority authorizing the purchase and sale of not to exceed $11,000,000 principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, upon certain terms and conditions,. approving distribution of Official Statement relating thereto, and providing other matters properly relating thereto. Attachments: 1. Resolutions: City of Baldwin Park No. 2000 -48 Redevelopment Agency No. 351 Financing Authority No. FA 2000 -01 2. Indenture 3. Purchase Agreement 4. Preliminary Official Statement ATTACHMENT #1 RESOLUTIONS 12002 -14 )H.ACH:Isj RESOLUTION NO. 2000 -48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING ISSUANCE BY THE BALDWIN PARK REDEVELOPMENT AGENCY OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO CITY Of BALDWIN PARK 05/09/00 WHEREAS, the Baldwin Park Redevelopment Agency (the "Agency ") proposes to issue its not to exceed $11,000,000 aggregate principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds "), under and pursuant to the provisions of Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law ") and other applicable laws, for the purpose of financing and refinancing redevelopment activities within and of benefit to the Agency's Merged Redevelopment Project; WHEREAS, Section 33640 of the Law requires the Agency to obtain the approval of the City Council of the City of Baldwin Park prior to issuance of the Bonds; and WHEREAS, the City Council approves of the issuance of the Bonds as being in the public interests of the City of Baldwin Park and of the Agency; AND THEREFORE THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Issuance of Bonds. The City Council of the City of Baldwin Park approves the issuance of the Bonds by the Baldwin Park Redevelopment Agency, as herein above described. Section 2. Effective Date. This Resolution shall take effect from and after its adoption. r ADOPTED AND APPROVED THIS 17TH DAY OF MAY, 2000 Mayor Manuel Lozano ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK } I, Kathryn V. Tizcareno, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City of Baldwin park, at a regular meeting held on May 17, 2000, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ! Kathryn V. Tizcareno City Clerk CITY OF BALLWIN PABK CITY COUNCIL AGENDA STAFF &61 2 " A F ° A ° K � TO: MAYOR AND COUNCILMEMBERS FROM: DAYLE KELLER CHIEF EXECUTIVE OFFICER JOSE R. SANCHEZ, INTERIM DIRECTOR OF FINANCE DATE. MAY 1 i, 2000 SUBJECT: STATUS REPORT ON THE FINANCE DEPARTMENTS OPERATIONS AND ACTIVITIES SINCE JANUARY 2000 The purpose of this report is to provide an update to the City Council on the operations and activities in the Finance Department since January 2000. The activities have been driven basically by matters and issues that required immediate attention in order to meet the reporting and monitoring responsibilities of the department. These issues were brought about by the diminished administrative direction and oversight between September of 1998 and January 2000. As a consequence, annual financial reports were not completed on a timely basis. Inaccurate reports on the City's financial condition have been issued. The current year budget misrepresents the revenues and expenditures of the City. Monthly revenue and expenditures have not been generated and distributed to the City Council and operating departments. The requirement to provide year -end financial reports to various agencies such as: Federal, State, County, and bonding companies has gone unmet. And, the basic accounting model used by the finance department to report the financial condition of the City has suffered. Furthermore, the current year budget for fiscal year 1999 -2000 was developed independent of the usual process that provides for the full involvement of all operating departments from beginning to end. This seems to have caused over and under projections for both revenues and expenditures. And finally, the budget was developed outside of the financial system program and has created a need to develop and update the database required for the preparation of next year's budget. In order to provide the City Council with an overview of the impact and the attention required to resolve the issues described above we have identified each area by reporting activity. Status Report on Finance Department's Operations May 179 2000 Page 2 Year -end financial reports are generally completed within six months after the end of the fiscal years As of January 2000 the financial statements for fiscal year ending 1997 -98 had not been completed. In addition, as of the same period, work on closing fiscal year ending 1998 -99 had not yet begun. As a result, the City was unable to provide the necessary financial reports to the various agencies as required. Also, the City did not have the financial data available to confirm the City's financial position for the General Fund and other funds. Year -end financial statements for the fiscal year ending 1997 -98 were completed on February 29, 2000 and were presented to the City Council to be received and filed in March 2000. All agencies have been sent copies of the reports and the City is in compliance for fiscal year 1997 -98. Year -end financial statements for the fiscal year ending 1998 -99 are in the process of being completed and are expected to be finalized by the end of May 2000. The initial target date for completion was the first week in May; however, staff was unable to provide certain data to the auditors to meet that time line. After completion of the financial statements for fiscal year 1998 -99 they will be presented to the Council to be received and filed and subsequently forwarded to the various agencies. The following are the tasks that needed to be addressed before any of the reports could be completed - Identify year -end closing adjustments and reconciling items for the fiscal year ending June 30, 1998. - Complete financial statements for the City and Redevelopment Agency no later than February 29, 2000. - Identify year -end closing adjustments and reconciliations for fiscal year ending 1998- 99. - Bring bank reconciliations current from twelve months behind. - Complete financial statements for the fiscal year ending June 30, 1999 by the first week in May 2000. - Resolve non - compliance reporting requirement issues with Federal, State, County and other agencies. Status Report on Finance Department's Operations May 17, 2000 Page 3 Finally, we should mention that the current fiscal year will be ending in less than sixty days and we will need to begin the process again immediately after completing the reports for fiscal year 1998 -99, in order to stay current. In addition, the new audit firm will require a period of orientation during the 1999 -2000 audit process. In order to provide current and accurate data for financial planning purposes related to the 2000 -2001 budget and the meet and confer negotiations with the employee groups, finance is working to restore the integrity of the accounting and reporting system for budget purposes. The budget for the current fiscal year, 1999 -2000, was developed on a Personal Computer (PC) based format and not on the City's computer financial system program. The result of this is the budget data needs to be manually entered in the financial reporting system. Unfortunately, the budget data was not entered in the computer financial reporting system until January 2000; approximately six months after the start of the fiscal year. Further, the data was not complete and did not include the budget data for Special Revenue funds or Redevelopment Agency. This accounts for the reason monthly revenue and expense reports were not being generated and available for review and distribution. Consequently, the operating departments were without budget information for the first six months of the fiscal year. The approach of using a PC based budget process is an ineffective use of the financial reporting system and is prone to errors and inaccurate presentations. It also prevents creating and maintaining the historical base on which future budgets are developed. Further examination revealed that the allocations for salary and benefits were not accurately budgeted and transfers of funds were inappropriately presented. The tasks of correcting and establishing the database for this year's budget have caused a significant delay in the budget process for next year's budget preparation. The following are the steps that have been taken to correct and resolve the matters and issues described above, - Entered the budget for fiscal year 1999 -2000 in the computer financial system for reporting and monitoring purposes for the General Fund. - Developed and entered budgets for Special Revenue funds for both appropriations and revenues. Status Report on Finance Department's Operations May 17, 2000 Page 4 - Corrected salary and benefit allocations and transfers consistent with the approved budget. - Began distribution of monthly revenue and expenditure reports to all departments in February 2000. - In the process of developing a monthly summarized revenue and expenditure report for the Council's review and information. - Reinitiated the budget preparation, process using the financial reporting system. (Note: budget preparation worksheets were distributed to departments on May 4, 2000 and scheduled to be returned to finance by May 15.) - Developed a budget preparation schedule for fiscal year 2000 -2001. (Note: A budget preparation schedule was developed and distributed to the City Council and departments in the May 2 City Council newsletter. A summarized budget calendar is attached to this report for the Council's review and information.) - Conducted Council study sessions to inform the council on the financial condition of the City. (Note; to date there have been two study sessions to present the above information: the first on February 9, 2000 and second on March 8, 2000.) The budget process is an integral part of the City's financial structure and accuracy should not be compromised at any time for the sake of expediency. It is essential that the City maintain the integrity of the process and the accuracy, in order to have a sound database on which it can rely to plan and project the City's financial future. There are other projects and issues that have developed and required immediate attention simultaneous with the above activity. They are as follows: The administration and coordination of the process for hiring a new audit firm beginning with the fiscal year ending June 30, 2000. This has been completed and the City Council awarded the contract on April 16, 2000. Assist in the preparation of the various analyses and reports for the Redevelopment Agency project merger for bonding purposes. This project has been ongoing and is scheduled for Council action on May 17, 2000. Status Report on Finance Department's Operations May 17, 2000 Page 5 CLOSING COMMENTS; This report is intended to inform the City Council of the actions and activities the Finance Department has been involved in over the past four months in an attempt to correct and resolve some of the issues created by the absence of administrative direction for a significant period of time. It also intended to thank the City Council, Department Heads, finance staff and all employees for their support, cooperation and patience during this unusual and difficult situation. And, asks for this support to continue so that hopefully in a short period of time things will return to normal. As described above, much has been accomplished in a short time and there is still much to be done. The City is currently recruiting for a permanent Director of Finance. In the meantime, it is recommended that the Council and staff consider the parameters for establishing formal fiscal policies and guidelines and assign the development of those policies to the new Director of Finance, for Council approval. It should also be noted that even under these unusual and difficult circumstances finance has been able to maintain the day - today ongoing responsibilities of the department. We ask the Council, should they have any questions or comments, to contact the Chief Executive Officer and /or the Interim Director of Finance at the Council's convenience. Report prepared by: Jose R. Sanchez, Interim Director of Finance (Attachment) CITY OF BALDWIN PARK BUDGET CALENDAR Fiscal year 2000 -2001 Date Action By Action April 27 Department Develop preliminary estimates of expenditures Heads thru June 30, 2000, using the March 31, 2000 expenditure reports. Begin to develop proposed budgets for FY 2000 -2001 May 4 Finance Distribute Budget Worksheets and other materials to departments May 'I Finance Begin developing preliminary revenue estimates for FY 2000 -2001 and confirm the revenue estimates for FY ending June 30, 2000 May 15 Department Submit budget worksheets, proposed goals and Heads objectives and proposed work programs to the Finance Dept. May 22 — May 26 CEO & Finance Begin meeting individually with Departments to Director reyiew the proposed budgets submitted by each dept. May 29 — June 1 Finance Prepare the first draft of the proposed budget for 2000 -2001 June 5 — June 8 CEO Submit proposed budget to City Council and budget study sessions will be scheduled during the following two weeks June 21 City Council Public Hearing for the Adoption of the Proposed CEO Budget will be scheduled. The Public Hearing Depart. Heads may be continued to an adjourned meeting if necessary for adoption prior to June 30, 2000 COMMUNITY REDEVELOPMENT AGENCY AGENDA MAY 17 2000 ITEM NO, REDEVELOPMENT AGENCY CITY OF BALDWIN PARK May 17, 2000 WARRANT REGISTER NO. 507 ---------------------------------------------------------------------------------_--------------__---------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN RA 010905 04/26/00 3,620.80 Claim# General Description Discount Amt Discount Used Net Amount 024377 30427 PROFESSIONAL SRV -MARCH BILLBOARDS & PRS AREA MERGER - 192.00 BP REDEV MATTERS -MARCH LAIDLAW, 24 ACRE, QUAN, PAC, TACO Gross Amount Description READY- 3428.80 Gross Amount 206 - 37A -5090A 129,915.00 DEMOLITION PO# Stat Contract# Invoice# ,Invc Dt Gross Amount Discount Amt Discount Used Net Amount Chk Date Check Amount Sep 3479 GOLDEN WAY CORPORATION AND FELIX WU 10001 04/13/00 3,620.80 3,620.80 Chk Date Check Amount Sep GL Distribution Gross Amount Description RA 010909 05/09/00 2,550.00 206- 37A -5020A 192.00 MARCR SERV 206 -- 37A -5020A 3,428.80 MARCR -RDA MATTERS --- -- ----- Vend# ------ ------------ - Vendor Name - ---- -------------------------------------------`------------------------------------------------------ Bank Check# Chk Date Check Amount Sep 4891 ENVIRONMENTAL CONTROL SYSTEM, INC. RA 010907* 05/09/00 129,915.00 Claim# General Description 30540 ASBESTOS, LEAD ABATEMENT DEMOLITION OF VARIOUS PROPERTIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 024377 04/05/00 129,915.00 0.00 129,915.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 206 - 37A -5090A 129,915.00 DEMOLITION 206- 36A -5040A - ----- _-- _ °--------- --- --- - -- - -- ----- ----------------------------------------------------------------------------------------------- Vend# Vendor Name PROPERTY PURCHASE Bank Check# Chk Date Check Amount Sep 3479 GOLDEN WAY CORPORATION AND FELIX WU RA 010908 05/09/00 200,000.00 Claim# General Description 30542 SETTLEMENT OF CONDEMNATION CASE FOR PURCHASE OF GOLDEN WAY PROPERTY -SV TRI FRS 3130 & 3138 BP BLVD PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/08/00 200,000.00 0.00 200,404.00 GL Distribution Gross Amount Description 206- 36A -5040A 200,000.00 PROPERTY PURCHASE ---------- -------------------------------------------------------------------------------------------------------------------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2397 GRC ASSOCIATES, INC. RA 010909 05/09/00 2,550.00 Claim# General Description 30541 PROFESSIONAL SRV 5 -YR IMPLEMENTATION PLAN PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/10/00 2,550.00 0.00 2,550.00 GL Distribution Gross Amount Description 281- OOA -5020A - 2,550.00 PROFESS SRV ----------------_______---------------------- ----'------------------------------------------------------ ----- ------------ ---- -=- ------- Warrant Register Nn. 507 Page 2 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1228 HDL, COREN & CONE RA 010910 05/09/00 9,375.00 Claim# General Description 30543 75% REPORT FEE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5219 02/25/99 9,375.00 0.00 9,375.00 GL Distribution Gross Amount Description 125.89 AUTONATION AREA 206- 36A -5020A 9,375.00 ----- 75% REPORT PEE _----- -_- ..m_----- ___--- _ --- -- Bank Check# Chk Date Check Amount Sep --------------------------- -- ---- ---- -- ------ Vend# Vendor Name --------------------------------------------------------------------------------- ---- ------ -- -- -- -- -- ------------------------------------------------ Bank Check# Chk Date Check Amount Sep 2353 JOHN DURAN RA 010911 05/09/00 325.00 Claim# General Description 30544 REMOVE CHAIN LINK FENCE PO# Stat Contract# Invoice'# - Invc Dt Gross Amount Discount Amt Discount Used Net Amount 7.82434 04/17/00 325.00 0.00 325.00 GL Distribution Gross Amount Description 125.89 AUTONATION AREA 206- 37A -5090A 325.00 REMOVE FENCE _----- -_- ..m_----- ___--- _ --- -- Bank Check# Chk Date Check Amount Sep Vend# Vendor Name ------------ ---- ------ -- -- -- -- -- ------------------------------------------------ Hank Check# Chk Date Check Amount Sep 4692 MARIA OLIVIA RA 010912 05/09/00 1,550.00 Claim# General Description 30545 MOVING COMPENSATION FOR AUTONATION RELOCATEE 5 FURNISHED ROOMS & $400 SECURITY DEPOSIT 3116 BIG DALTON #C PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/08/00 1,550.00 0.00 1,550.00 GL Distribution Gross Amount Description 125.89 AUTONATION AREA 281- OOA -5020A 1,550.00 MOVING COMPENSATION _----- -_- ..m_----- ___--- _ --- -- Bank Check# Chk Date Check Amount Sep -------------------------------------------------- Vend# Vendor Name ------------ ---- ------ -- -- -- -- -- ------------------------------------------------ Bank Check# Chk Date Check Amount Sep 758 SAN GABRIEL VALLEY SEATER RA 010913 05/09/00 125.89- Claim# General Description .30546 WATER USE- AUTONATION AREA ACCT 41 -3 -066- 6118 -0 -4 Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/02/00 125.89 0.00 125.89 GL Distribution Gross Amount Description 206 - 37A -5060A 125.89 AUTONATION AREA -----------------------------------------------------------------------------------------------------'---" Vend# Vendor Name _----- -_- ..m_----- ___--- _ --- -- Bank Check# Chk Date Check Amount Sep 3322 SDC PARTNERS, LTD RA 010914 05/09/00 101100 Claim# General Description 30546 COMMON AREA REIMS & BASF. RENT 3060 D106 BP PO# Stat Contract# Invoice# Invc Dt Gross Amount 742 05/01/00 101.00 GL Distribution - Gross Amount Description 206- 36A -5010A 101.00 BASE RENT CCS.AP Accounts Payable Release 5.8.3 N- APR700 Discount Amt Discount Used Net Amount 0.00 101.00 By SANDRA A (SANDRA) Warrant Register No„ 507 Page 3 ----------------------------------------------------------------------------------------------_--___--------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 790 THE GAS COMPANY RA 010915 05169100 133.46 Claim# General Description 30547 GASE USE -REDEV AREA ACCT #134 -417- 7852 -2 PO# Stat Contract# Invoice# Invo Dt Gross Amount Discount Amt Discount Used Net Amount 0 05 /03/00 133.46 0.00 133.46 GL Distribution Gross Amount Description Gross Amount Description 206- 37A -5060A _----°-------- 133.46 REDEV AREA 48.33 REDEV AREA -- -------- --- ---------- - - - ---- Vend- Vendor Name - - »..- -- ---------- ------- ---- ---- -------- -- ----- -"" --- --- ---- Bank Check# --- -- --------- - - ---- -- - - - ---- Chk Date Check Amount Sep 828 VALLEY COUNTY WATER 11 RA 010916 05/69/00 48.33 Claimt# General Description 30549 WATER USE -REDEV AREA ACCT #23143 -2 PQ# Stat Contract# Invoice# rnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/17/40 48.33 0.00 48.33 GL Distribution Gross Amount Description 206- 37A -5060A 48.33 REDEV AREA Paid Checks: Check Count 11 Check Total 347,744.48 PC Liquidation Total 0100 Backup Withholding Total. 0.00 Non - issued "VOID" Checks: Void Checks: #10906 Check Count 0 Check Total 0.00 PO Liquidation Total 0.00 Backup Withholding Total 0.00 CCS_AP Accounts Payable Release 5.8.3 N *APR700 By SANDRA A (SANDRA) C, MMUNI I T t' tUCUtLUrMtN 1 AGENCY AGENDA MAY 17 2000 0 CITY OF BALDWIN PARK STAFF REPORT BALDWIN °. P • A • R, K TO: Redevelopment Agency Board of Directors I FROM: Rick Forintos, Interim Director of Community Developmen'i DATE: May 17, 2000 SUBJECT: Amendment to the Owner Participation Agreement (OPA) for Abell -Helou (Continued from May 3, 2000 Agency Meeting) PURPOSE This report requests Agency Board's direction to set affordable housing guidelines for Abell -Helou Project. BACKGROUND On May 20, 1998, the Baldwin Park Redevelopment Agency entered into agreement with developer Abell-Helou to build six affordable units on Rhodes Lane and Ramona Boulevard. This is the second project for the developer in the City of Baldwin Park. In reviewing the development documents, `current staff finds inconsistencies in the agreements and the need to consult the Agency Board. The current assistance is in the form of a $42,000 second trust deed per home for low income and $20,000 per home for moderate income, totaling $186,000. DISCUSSION The final issue is whether the second trust deeds are forgivable after 10 years (position of the developer) or 30 years (position of the current staff). In the first project, the second trust deeds were forgiven after 10 years. There is a letter on file by the previous Executive Director approving the matter to 10 years. However, for the second project the documents are not clear, including the OPA, whether it is forgiven in 10 years or 30 years. In most cases, in reviewing other affordable housing projects of other redevelopment agencies, it is usually 30 years. There are no documents on file supporting the position of the developer for 10 years. RECOMMENDATION While staff recommends that the Redevelopment Agency set the guidelines to 30 years, Agency Board's direction is requested. Under State law, 10 years is the minimum required for an affordability test Report prepared by: Tad Mimura Eo BALDW I N P - , A • K CITY OF BALDWIN PARK TO: FROM: DATE: SUBJECT: PURPOSE AGENCY AGENDA MAY p 3 2000 as Redevelopment Agency Board of Directors STAFF REPORT Rick Forintos, Interim Director of Community Development May 3, 2000 Amendment to the Owner Participation Agreement (OPA) for Abell -Helou This report requests Agency Board's direction to set affordable Dousing guidelines for Abell -Helou Project. BACKGROUND On May 20, 1998, the Baldwin Park Redevelopment Agency entered into agreement with developer Abell -Helou to build six affordable units on Rhodes Lane and Ramona Boulevard. This is the second project for the developer in the City of Baldwin Park. In reviewing the development documents, current staff finds inconsistencies in the agreements and the need to consult the Agency Board. The current assistance is in the. form of a $42,000 second trust deed per home for low income and $20,000 per home for moderate income, totaling $186,000. DISCUSSION The final issue is whether the second trust deeds are forgivable after 10 years (position of the developer) or 30 years (position of the current staff). In the first project, the second trust deeds were forgiven after 10 years. There is a letter on file by the previous Executive Director approving the matter to 10 years. However, for the second project the documents are not clear, including the OPA, whether it is forgiven in 10 years or 30 years. In most cases, in reviewing other affordable housing projects of other redevelopment agencies, it is usually 30 years. There are no documents on file supporting the position of the developer for 10 years. RECOMMENDATION While staff recommends that the Redevelopment Agency set the guidelines to 30 years, Agency Board's direction is requested. Under State law, 10 years is the minimum required for an affordability test. report prepared by: lad Vm ra k 01 BUILDERS - DEVELOPERS 148 W, orange Street (P) 826 -332 -2033 Covina, California 91723 (F) 626- 332 -6190 May 3, 2000 Rick Forintos City of Baldwi-i Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Rick, S-/3 This letter is in response to the faxed received today regarding the amendment to the Owner Participation Agreement between Abell -Helou and the City of Baldwin Park, dated May 3, 2000. After reviewing the staff report, I am writing this letter to express the facts correctly. I would also like to state that we are disappointed in the City's continued changes and inconsistencies regarding the project at Ramona Blvd. and Rhodes Lane. The staff report is incorrect because we have no position on whether the second trust deeds from the City are forgiven after 10 years or 30 years. We are only, following the instructions from the City. The first OPA was for 2 homes to be sold to low income families earning 80% of the area median income or below. A $32,000 second trust deed was provide by the City to be forgiven after 10 years. The second OPA was for 6 homes and was designed as follows: 3 homes - for families earning 120% of the area median income and below would receive $20,000 and be forgiven after 10 years; 2 homes - for families earning 80 % of the area median income and below would receive $42,000 and be forgiven after 10 years; and 1 home (density bonus) - for families earning 80% of the area median income and below would receive $42,000 and be forgiven after 30 years. Both OPAs were identical including the loan documents. As stated in the staff report all correspondence and discussions with the City's Executive Director stated that .all second deeds of trusts would be forgiven after 10 years, except one, which would expire after 30 years. These terms and subsequent information provided by the City was furnished to the lending institutions and governmental agencies that are involved in the project. Some of the involved that received the terms are Department of Housing and Urban Development, FNMA, FRMC the Housing Authority of the County of Los, Angeles and the homebuyers themselves. With the support of the City, Abell - Helou applied for funding from the Industry Fund Application. The project was fortunate to receive Industry Funds from the County of Los Angeles, which brought additional furids into the City of Baldwin Park to assist the project. As a requirement of the County, the funds are to be used towards families earning 80% of the area median family income or below. After meetings with the County of Los Angeles, the City agreed that all homebuyers using County funding will be allocated $31,000 per home from the City of Baldwin Park and will be limited to families earning 80% of the area median family income or below. Currently, the qualified low- income homebuyers are in the final steps of closing the loans on each home. We cannot wait any longer because homebuyers, Ienders are ready to close, loan documents have been ordered and Abell - Helou needs to complete the project and move forward. Please provide the second deeds of trusts so that we may close the deals and move forward. If the City wishes to change these terms, we do not - agree. We will have no choice but to use any documents provided by the City of Baldwin Park at this time. We will proceed to close escrow and finalize all deals with the homebuyers. Any problems or inconsistencies with the City of Baldwin will be left up to HUD and the homebuyers to pursue after the homes are sold. If you have questions please call me at (626) 332 -2033. Sincerely; ABELL -HELOU G. Helou C. D. Keller C. M. Lozano C. B. Van Cleave C. R. Pacheco C. L. Gair C. M. Garcia n lqllt� CITY OF BALDWIN PARK BALDW I N P•A•R °K TO: FROM: DATE: SUBJECT: PURPOSE Redevelopment Agency Board of Directors STAFF REPORT Rick Forintos, Interim Director of Community May 17, 2000 Developme t Amendment to the Owner Participation Agreement (OPA) for Abell -Helou (Continued from May 3, 2000 Agency Meeting) This report requests Agency Board's approval to amend the existing OPA with Abell -Helou Project. BACKGROUND On December 29, 1998, the Baldwin Park Redevelopment Agency entered into agreement with Developer Abell -Helou to build six affordable units on Rhodes bane and Ramona Boulevard. This is the second project for the Developer in the City of Baldwin Park. The first project, a two house project, was located in the 3600 block of Rhodes Lane. The Agency provided silent seconds without any county funding. The current assistance is in the form of a $42,000 second trust deed per home for low income and $20,000 per home for moderate income, totaling $186,000. In reviewing the development documents, current staff finds inconsistencies in the agreements and the need to clarify and amend the OPA, The $186,000 has already been released to the Developer in accordance with the OPA. DISCUSSION Attachment 1 is the latest correspondence from the Developer. The correspondence from the Developer indicates that the former Director was agreeable to modify the OPA on May 27, 1999. However, that letter was not executed by the former Director. The issue is whether the second trust deeds are forgivable after 10 years (position of the developer) or 30 years (position of the current staff and Agency Attorney). In the first project based on certain documents, the second trust deeds were forgiven after 10 years. However, for the second project the documents are not clear, including the OPA, whether it is forgiven in 10 years or 30 years. After careful review of the documents and a lengthy discussion with the Agency's Attorney, the correct policy and interpretation of the documents is 30 years. Besides, the County (CDC) affordable period is likewise 30 years. RECOMMENDATION Staff recommends that the Redevelopment Agency approve Amendment No. 1 to the OPA with Developer Abell -Helou by Resolution and set the guidelines to 30 years. Attachments 1. Amendment No. 1 to the OPA 2. Resolution #352 3. Attachment 1 - Correspondence for Developer Report prepared by: Tad Mim ra AMENDMENT NO. 1 TO OWNER PARTICIPATION AGREEMENT BETWEEN REDEVELOPMENT AGENCY AND ABELL -HELOU THIS AMENDMENT NO. I TO THE OWNER PARTICIPATION AGREEMENT WITH ABELL -HELOU ( "Amendment No. V herein), effective as of the date specified in paragraph 5 hereof, is made and entered into by and between the Redevelopment Agency for the City of Baldwin Park ( "Agency" herein ) and Abell- Helou, a general partnership ( "Developer" or "Recipient" herein). RECITALS: A. Whereas, Agency and Developer have previously executed that certain Owner Participation Agreement dated December 29, 1998 ( "Agreement ") relating to development of six (6) single family detached residences for the purchase by low and moderate income home buyers ( "Development" herein). Said Development was to occur on a site located within three parcels of land near the intersection of Ramona Boulevard and Rhodes Lane in the City of Baldwin Park, California, and is more particularly described, as Parcels 50, 51 and 42 of page 9 of Map Book 8551 of the Los Angeles County Assessor's Records. B. Whereas, as part of the Development, Agency provided financial assistance to the Developer in the form of a loan amounting to One Hundred Eighty -Six Thousand and 041100 Dollars {$186,000) ( "Agency Loan'), in which each low- income home buyer was to receive Forty -Two Thousand Dollars ($42,000) from the Agency as assistance and each moderate income home buyer was to receive Twenty Thousand Dollars ($20,000) from the Agency as assistance ( "Agency Assistance "). The Agency Loan to the Developer was to be evidenced by a Promissory Note and Deeds of Trust on each of the Project Properties ( "Second Deeds of Trusts "herein). C. Whereas, the Agreement failed to clarify the issue regarding forgiveness of the Agency Assistance to the home buyers with respect to the Second Deeds of Trusts, and seek to amend the Agreement so as to address this issue. D. Whereas, since the execution of the Agreement, Developer has received additional funding for the development of the project from the County of Los Angeles ( "Industry Funds" herein) which require the funds to be used towards assistance solely for low income home buyers. Agency and Developer agree to modify the distribution of the Agency Loan such that it shall be equally distributed to assist only low income home buyers in order to be consistent with the funding requirements from the Industry Funds. NOW, THEREFORE, AGENCY AND DEVELOPER/RECIPIENT AGREE AS FOLLOWS: 1. MODIFICATION TO DISTRIEUTION OF AGENCY ASSISTANCE Subsection 1 of Section 501 of the Agreement is amended to read as follows: 1. "The Agency and Recipient anticipate the acquisition of the .99 acres (43,390 square feet) and construction shall be partially financed with Low and Moderate Income Housing Funds. The Agency anticipates lending Recipient a maximum cash contribution of One Hundred Eighty Six Thousand and 001100 Dollars ($186;000.00) based on the actual costs submitted by Recipient and approved by the Agency. The total cash assistance to Recipient is One Hundred Eighty Six Thousand and 00 /100 Dollars which shall be distributed towards financial assistance for each of the six (6) Low Income Project Properties in'an amount equal to Thirty One Thousand and 00 /100 Dollars ($31,000.00). The Agency loan to the Recipient shall be evidenced by a Promissory Note (Attachment No. 5) and Deeds of Trusts (Attachment No. 6) on each particular Project Property in the total amount of One Hundred eighty Six Thousand and 00 /1000 Dollars ($186,000.00)." 2. FORGIVENESS OF AGENCY LOAN Subsection 3 of Section 501 of the Agreement is amended to read as follows, so as to clarify the issue regarding forgiveness of the Agency Loan with respect to the Second Deeds of Trusts issued to the Low Income Home buyers: 3. Upon completion of the construction, the Recipient will sell the improved Project Properties to qualified low income home buyers. Each of the home buyers will execute a Promissory Note (as illustrated in Attachment No. 9), Loan Agreement (Attachment No. 10) and Deed of Trust (Attachment No. 11), in order to secure the Agency Loan. All six (6) Project Properties to be sold to low income home buyers shall be subject to affordability requirements for a term of thirty (30) years from the date in which the Declaration of Covenants, Conditions and Restrictions (see Attachment 4) is recorded. If any of the home buyers of said Project Properties transfers or sells his property within the thirty (30) year period, the original home buyer must sell to another low income home buyer,. In the event that the original home buyer fails to do so, the original home buyer shall pay the total amount of the Agency Assistance allocated to the particular Project Property (i.e., $31,000) in full with an interest rate of seven percent (7 %) upon the transfer or sale. Payments will begin on the first day of the month after the transfer or 2 sale. If the Recipient repays the Agency Assistance pursuant to Section 501.A.2. of the Agreement with respect to the Project Property at issue, the Agency Assistance to the original home buyer shall be forgiven in proportion to the amount of the Recipient's repayment to the total amount of Agency Assistance. The Agency Assistance will be totally forgiven as to the original home buyer on the 30th anniversary of the date of the Loan Agreement between the original home buyer and the Agency." 3. MODIFICATION TO THE SURVIVOR PROVISIONS Section 804 of the Agreement is amended to read as follows: "[804] Survivor Provisions Except as provided herein, after sale of a particular Project Property to a low income home buyer, all of the terms, covenants, agreements, or conditions set forth in this Agreement relating to such parcel or building shall survive for thirty (30) years." 4. MODIFICATION TO PROMISSORY NOTE, LOAN AGREEMENT, AND DEEDS OF TRUST BETWEEN AGENCY AND LOW INCOME HOME BUYER The Promissory Note, Loan Agreement and Deed of Trust to be executed by and between the Agency and the Low income Home buyer, and which were attached to the Agreement in substantial form, shall be modified prior to execution so as to be consistent with the terms of this Amendment No. 1, and shall reflect the change to the amount of Agency Assistance to the original home buyer and the manner in which forgiveness of the Agency Assistance is intended. S. EFFECT OF AMENDMENTS. Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the parties shall remain in full force and effect. G. EFFECTIVE DATE. Unless otherwise specified herein, this Amendment No. 1 shall become effective as of the date set forth below on which the Agency executes this Amendment No. 1. 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to be executed and attested by their respective officers hereunto duly authorized. Date: ATTEST: Agency Secretary APPROVED AS TO FORM: Agency Counsel Date: Date: REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ( "Agency ") ABELL- HELOU, A GENERAL PARTNERSHIP ( "Developer/Recipient ") 4 NOW, THEREFORE, THE BOARD OF THE BALDWIN PARK REDEVELOPMENT AGENCY HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Baldwin Park Redevelopment Agency shall amend the Owner Participation Agreement with Abell- Helou, in substantially the sane form as proposed in the attached "Amendment No. 1." SECTION 2. The Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of May, 2000. Chairman Attest: Agency Secretary Approved as to Form: Agency Counsel RESOLUTION NO. 352 CITY OF BALDWIN PARK LOS ANGELES COUNTY, CALIFORNIA A RESOLUTION OF THE BALDWIN PARK REDEVELOPMENT AGENCY AMENDING THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND ABELLTHELOU, A GENERAL PARTNERSHIP WHEREAS, the Redevelopment Agency for the City of Baldwin Park and Abell- Helou, a general partnership ( "Developer ") have previously executed that certain Owner Participation Agreement dated December 29, 1998 ( "Agreement ") relating to development of six (6) single family detached residences for the purchase by low and moderate income home buyers ( "Development" herein). Said Development was to occur on a site located within three parcels of land near the intersection of Ramona Boulevard and Rhodes Lane in the City of Baldwin Park, California, and is more particularly described, as parcels 50, 51 and 42 of page 9 of Map Book 8551 of the Los Angeles County Assessor's Records: WHEREAS, as part of the Development, Agency provided financial assistance to the Developer in the form of a loan amounting to One Hundred Eighty -Six Thousand and 001100 Dollars ($186,000) ( "Agency Loan "), in which each low - income home buyer was to receive Forty -Two Thousand Dollars ($42,000) from the Agency as assistance and each moderate income home buyer was to receive Twenty Thousand Dollars ($20,000) from the Agency as assistance ( "Agency Assistance "). The Agency Loan to the Developer was to be evidenced by a Promissory Note and Deeds of Trust on each of the Project Properties ( "Second Deeds of Trusts "herein). WHEREAS, the Agreement failed to clarify the issue regarding forgiveness of the Agency Assistance to the home buyers with respect to the Second Deeds of Trusts, and seek to amend the Agreement so as to address this issue. WHEREAS, since the execution of the Agreement, Developer has received additional funding for the development of the project from the County of Los Angeles ( "Industry Funds" herein) which require the fields to be used towards assistance solely for low income home buyers. Agency and Developer agree to modify the distribution of the Agency Loan such that it shall be equally distributed to assist only low income home buyers in order to be consistent with the funding requirements from the Industry Funds. WHEREAS, in order to address these issues; the Redevelopment Agency Board seek to amend the Agreement accordingly. NOW, THEREFORE, THE BOARD OF THE BALDWIN PARK REDEVELOPMENT AGENCY HEREBY RESOLVE AS FOLLOWS: SECTION I. The Baldwin Park Redevelopment Agency shall amend the Owner Participation Agreement with Abell- Helou, in substantially the same form as proposed in the attached "Amendment No. 1." SECTION 2. The Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of May, 2000. Chairman Attest. Agency Secretary Approved as to Form: Agency Counsel ABELLA\HELOU BUILDERS - DEVELOPERS 148 W Orange Street (P) 62032 -2033 Covina. California 91723 (.F) 626- 332.6190 5'131,Vd O May 3, 2000 Rick Forintos City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Rick, This letter is in response to the faxed received today regarding the amendment to the Owner Participation Agreement between Abell-Helou and the City of Baldwin Park, dated May 3, 2000. After reviewing the staff report, I am writing this letter to express the. facts correctly. I would also like to state that we are disappointed in the City's continued changes and inconsistencies regarding the project at Ramona Blvd. and Rhodes Lane. The staff report is incorrect because we have no position on whether the second trust deeds from the City are forgiven after 10 years or 30 years. We are only, . following the instructions from the City. -The first OPA was for 2 homes to be sold to low income families earning 80% of the area median income or below. A $32,000 second trust deed was provide by the City to be forgiven after 10 years. The second OPA was for 6 homes and was designed as follows: 3 homes - for families earning 320% of the area median income and below would receive $20,000 and be forgiven after 10 years; 2 homes- for families earning 80% of the area median income and below would receive $42,000 and be forgiven after 10 years; and 1 home (density bonus) - for families earning 80% of the area median income and below would receive $42,000 and be forgiven after 30 years. Both OPAs were identical including the loan documents. As stated in the staff report all correspondence and discussions with the City's Executive Director stated that .ail second deeds of trusts would be forgiven after 10 years, except one, which would expire after 30 years. These terms and subsequent information provided by the City was furnished to the lending institutions and governmental agencies that are involved in the project. Some of the involved that received the terms are Department of Housing and Urban Development, FNMA, FRMC the Housing Authority of the County of Los. Angeles and the homebuyers themselves. With the support of the City, Abell -Helou applied for funding from the Industry Fund Application. The project was fortunate to receive Industry Funds from the County.of Los Angeles, which brought additional funds into the City of Baldwin Park to assist the project. As a requirement of the County, the funds are to be used towards families earning 80% of the area median family income or below. After meetings with the County of Los Angeles, the City agreed that all homebuyers using County funding will be allocated $31,000 per home from the City of Baldwin Park and will be limited to families. earning 30°% of the area median family income or below. Currently, the qualified low - income homebuyers are in the final steps of closing the loans on each home. We cannot wait any longer because homebuyers, lenders are ready to close, loan documents have been ordered and Abell -Helou needs to complete the project and move forward. Please provide the second deeds of trusts so that we may close the ,deals and move forward. If the City wishes to change these terms, we do not - agree. We will have no choice but to use any documents provided by the City of Baldwin Park at this tune. We will proceed to close escrow and finalize all deals with the homebuyers. Any problems or inconsistencies with the City of Baldwin will be left up to HUD and the homebuyers to pursue after the homes are sold.. . If you have questions please call me at (626) 332 - 2033. Sincerely; C. D. Keller C. M. Lozano C. B. Van Cleave C. R. Pacheco C. L. Gair C. M. Garcia t 011;,11; 11 t ,� ,4t BALD IN P - A - R - K TO. FROM A CITY OF BALDWIN PARK COMMUNITY REDEVELOPMENT AGENCY AGENDA MAY 1 7 2000 STAFF REPORT ITEM NO. - -0710we? Chairman and Redevelopment Agency Board Members Rick Forintos, Interim Community Development Director ` May 17, 2000 SUBJECT. Continued from May 3, 2000, a request for conceptual approval by the Redevelopment Agency for a 1,830 square foot commmercialloffice building to be located at 4318 Maine Avenue; Applicant: Don Harvill representing Richard Fallon, property owner. PURPOSE This report requests that the Redevelopment Agency continue this item. BACKGROUND /DISCUSSION At their meeting on April 5, 2000, the Agency Board members requested additional information regarding existing uses to the rear of the subject property and the amount of parking that the applicant is providing. Staff met with the Applicant on April 26, 2000 and discussed the Agency Board's concerns. At the conclusion of the meeting, the Applicant (the architect) stated that he needed to speak with the owner of the property and relay the Board's concerns to him. In an effort to follow up with the Architect, staff tried contacting his office and was told by his secretary that his wife is in the hospital and not expected back in town until the week. of May 22, 2000. RECOMMENDATION Staff recommends that the Agency Board continue this item. Report prepared by: Amy L. Harbin, Principal Planner C:1Amy\AMY1W0RD\RPP0RMAgency Reports14318 Maine3.doc COMMUNITY REDEVELOPMENT AGENCY AGENDA MAY 17 2000 ITEM NO. CITY OF-BALDWIN PARK STAFF REPORT DALDWIN P•A,R,K TO: Honorable Mayor and City Councilmembers, Honorable Chairman and Boardmembers of the Redevelopment Agency and Financing Authority FROM: Rick Forintos, Interim Community Develo ent ctof Jose Sanchez, Interim Finance, Director Suzanne Harrell, Rod Gunn Associates, In . DATE: May 17, 2000 SUBJECT: Joint Meeting of City Council, Redevelopment Agency and Financing Authority for the approval of Tax Allocation Bonds Financing Documents (Merged Project Area) PURPOSE This staff report introduces to the (1) City Council, (2) Redevelopment Agency Board and the (3) Financing Authority Board the proposed resolutions to approve the issuance of tax allocation bonds ' "for the Agency's Merged Redevelopment Project. BACKGROUND On February 16, 2000, the City. Council was presented with a Financial Plan (Assessment) for the Redevelopment Agency which outlined certain steps that would be required for the Agency to generate enough bonding capacity to complete the acquisition of the 24 -acre site adjacent to the San Bernardino Freeway. One of the steps outlined in the Financial Plan (Assessment) was to merge five of the Agency's six redevelopment project areas.. This action was approved by the Agency on April 26, 2000. The next step of the Financial Plan is to authorize the issuance of tax allocation bonds of the Merged Redevelopment Project. The proceeds of the bonds are to . be used to refinance certain Agency obligations and provide for additional funding of acquisition costs. DISCUSSION To provide for the issuance of tax allocation bonds for the Merged Redevelopment Project, the Agency Board must adopt a resolution approving the form of various legal documents required to complete the transaction. These documents are "nearly final" and are only missing information such as final interest rates that won't be known until the bonds are actually sold. The Agency resolution provides that the Chief Executive Officer may.award the sale of the bonds as long as the interest rates and compensation to the Underwriter are within the limits established in the resolution. The limitations in the Resolution are as follows: (1) the total amount of bonds may not exceed $11 million, (2) the interest rate may not exceed 7% and (3) the compensation to the Underwriter may not exceed 1.25% of the final principal amount of the bonds. It is expected that the final principal amount of the bonds will be approximately $9.5 million.. The higher authorization of $11 million (not -to exceed amount) provides for a situation where actual interest rates are lower than anticipated, allowing the Agency to increase the bond size without further action by the Agency. The Resolutions provide for the Agency Board approval of the form of the .following documents, which are on file with the City Clerk: • Indenture of Trust, by and between the Agency and U.S. Bank Trust National Association (the "Trustee "); • Escrow Deposit and Trust Agreement, by and between the Agency, the Baldwin Park Financing Authority (the "Authority)'and the Trustee; ■ . Continuing Disclosure Certificate; Purchase Contract, by and between the Agency, the Authority and the Underwriter; and ■ Preliminary Official Statement. The Resolutions also approve the engagement of Rod Gunn Associates as the Financial Advisor for the bonds, Jones Hall as Bond Counsel, U.S. Bank Trust National Association as Trustee. Disclosure Counsel and Underwriter will be designated by the Executive Director of the Redevelopment Agency at a later date. The City Council and the Financing Authority Board also have been presented with separate resolutions for their consideration. The City Council resolution approves the Agency borrowing. The Financing Authority Board resolution approves the Agency borrowing and also approves the form of certain of the above. - outlined legal documents. The Financing Authority was a party to several of the prior bond issues now being refinanced by the Agency. RECOMMENDATIONS That the City Council, Redevelopment Agency and Financing Authority approve the following Resolutions: 1. Resolution 2000 -48 of the City Council of the City of Baldwin Park approving issuance by the Baldwin Park Redevelopment Agency of not to exceed $11,000,000 aggregate principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, and providing other matters properly relating thereto; and 2. Resolution 351 of the Baldwin Park Redevelopment Agency authorizing issuance of not to exceed $11,000,000 aggregate principal amount of Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, approving and authorizing and directing execution of indenture of trust relating thereto, authorizing sale of such bonds, approving Official Statement, and providing other matters properly relating thereto; and 3. Resolution FA 2000 -01 of the Baldwin Park Financing Authority authorizing the purchase and sale of not to exceed $11,000,000 principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, upon certain terms and conditions,, approving distribution of Official Statement relating thereto, and providing other matters properly relating thereto. Attachments: 1. Resolutions: City of Baldwin Park No. 2000.48 Redevelopment Agency No. 351 Financing Authority No. FA 2000 -01 2. Indenture 3. Purchase Agreement 4. Preliminary Official Statement ATTACHMENT #1 - RESOLUTIONS 12002 -14 JH:ACH:Isj 05/09/00 RESOLUTION NO. 351 RESOLUTION OF THE BALDWIN PARK REDEVELOPMENT AGENCY AUTHORIZING ISSUANCE OF NOT TO EXCEED $11,000,000 AGGREGATE PRINCIPAL AMOUNT OF MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, AUTHORIZING SALE OF SUCH BONDS, APPROVING OFFICIAL STATEMENT, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO BALDWIN PARK REDEVELOPMENT AGENCY WHEREAS, the Baldwin Park Redevelopment Agency (the "Agency ") is authorized pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") to issue its tax allocation bonds for the purpose of financing and refinancing redevelopment activities with respect to its redevelopment projects WHEREAS, redevelopment plans for the Agency's San Gabriel River Redevelopment Project, West Ramona Boulevard Redevelopment Project, Delta Redevelopment Project, Sierra Vista Redevelopment Project and Puente Merged Redevelopment Project have. been duly approved in compliance with the Law; WHEREAS, each of the foregoing described redevelopment plans has been duly amended in compliance with the Law to merge each of the respective redevelopment projects (a "Constituent. Project ") into one project area, naively, the "Merged Redevelopment Project "; WHEREAS, the Agency has determined to issue its Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds ") in the aggregate principal amount of not to exceed $11,000,000 to provide funds to refund and discharge the following described obligations of Constituent Projects; WHEREAS, .a portion of the proceeds of the Bonds will be used to refund and discharge the portion of the Agency's loan payment obligations attributable to the financing of low and moderate income housing with respect to its San Gabriel River Redevelopment Project, such financing having been implemented pursuant to a Housing Loan Agreement, dated as of May 1, 1998, by and between the Agency and the Baldwin Park Financing Authority (the "Authority "), and having been funded with a portion of the proceeds of the Authority's San Gabriel River Tax Allocation Bonds (Refunding and Housing Projects) Series 1998; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's' loan payment obligations attributable to the financing of redevelopment activities, including low and moderate income housing, with respect to its Sierra Vista Redevelopment Project, such financing having been implemented pursuant to a Project Loan Agreement and a Housing Loan Agreement, each dated as of June 1, 1994, and each by and between the Agency and the Authority, and having been funded with the proceeds of the Authority's Baldwin Park Financing Authority Revenue (Tax Allocation) Bonds 1994 Series A; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's outstanding 1989 Tax Allocation Refunding Bonds (West Ramona Boulevard Redevelopment Project) issued to refinance redevelopment activities with respect to the Agency's West Ramona Boulevard Redevelopment Project, WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's reimbursement obligation to the City of Baldwin Park (the "City ") attributable to the financing -of redevelopment activities with respect to the Agency's Delta Redevelopment Project, such redevelopment activities having been financed with the proceeds of the City's Improvement Bonds issued in connection with the City's Delta Assessment District No. 86 -2, and such reimbursement obligation being the Agency's obligation to apply tax increment revenues allocated to the Agency with respect to its Delta Redevelopment Project to the unpaid assessments securing payment of debt service on the Improvement Bonds, all as provided in a Reimbursement Agreement, dated August 27, 1986, by and between the Agency and the City; WHEREAS, the Agency proposes to sell the Bonds to the Authority which will concurrently sell the Bonds to an Underwriter to be designated by the Executive Director of the Agency, as purchaser of the Bonds (the "Underwriter "), all on the terms and conditions herein set forth and as provided in the form of a Purchase Contract (the "Purchase Contract ") on file with the Secretary; WHEREAS, the Agency, with the assistance of Rod Gunn Associates, Inc. as its financial advisor (the "Financial Advisor'), has caused to be prepared an Official Statement describing the Bonds, the preliminary form of which is on file with the Secretary (the "Official Statement "); and WHEREAS, the Agency, with the aid of its staff has reviewed the Indenture, the Purchase Contract and the Official Statement, and the Agency wishes at this time to approve the foregoing in the public interests of the Agency; AND THEREFORE THE BALDWIN PARK REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Issuance of Bonds; Approval of Indenture. The Agency hereby authorizes the issuance of the Bonds under and pursuant to the Law and the Indenture, in the aggregate principal amount of not to exceed $11,000,000. The Agency hereby approves the Indenture in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director, upon advice of the Agency's Bond Counsel, including, without limitation, the.addition to the Indenture of the final interest rates payable with respect to the Bonds and the final principal amount and annual maturities of the Bonds, as contained in the Purchase Contact hereinafter approved, and any insertion or other revision required by the provider of any municipal bond insurance policy and any reserve account credit instrument. Execution of the Indenture shall be - deemed conclusive evidence of the Agency's approval of such additions or changes. The Chairman and -2- Secretary of the Agency are hereby authorized and directed to execute, attest and affix the seal of the Agency to the Indenture for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Indenture. Section 2. Sale of Bonds. The Agency hereby authorizes and directs the Executive Director of the Agency to designate the Underwriter for the Bonds. The Agency hereby authorizes the sate of the Bonds to the Authority for concurrent resale by the Authority to the Underwriter pursuant to and in accordance with the Purchase Contract in substantially the form on file with the Secretary together with any additions thereto or changes therein approved, upon the advice of the Agency's Financial Advisor, by either the Chairman or the Executive Director (or the written designee of either), whose execution thereof shall be conclusive evidence of such approval. The Agency hereby delegates to both the Chairman and the Executive Director (and to the written designee of either) the authority to accept ail offer from the Underwriter to purchase the Bonds from the Authority and to execute the Purchase Contract for and in the name and on behalf of the Agency; provided, however, that the stated average annual interest rate payable with respect to the Bonds shall not exceed seven percent (7.00 %) per annum, and the purchase price paid by the Underwriter for the purchase of Bonds shall be not less ninety -eight and seventy --five hundredths percent (98.75 %) of the par amount thereof, excluding any original issue discount on the Bonds. Section 3. Official Statement. The Agency hereby approves the preliminary Official Statement describing the Bonds, in substantially the form on file with the Secretary, together with any changes therein or additions thereto necessary or convenient to cause the preliminary Official Statement to describe accurately matters pertaining to the Bonds and either the Chairman or the Executive Director (or the written designee of either) is authorized and directed on behalf of the Agency to review the final, form of preliminary Official Statement and to deem the preliminary Official Statement "near final" pursuant to Rule 15c2 -12 under the Securities Exchange Act of 1934, prior to its distribution by the Underwriter. The Underwriter is hereby authorized to distribute the "near final" preliminary Official Statement in connection with the marketing of the Bonds. The Chairman is hereby. authorized and directed to approve any changes in or additions to the final form of such Official Statement as the Chairman, upon the advice of the Agency's Financial Advisor, shall deem advisable to cause the final Official Statement to describe accurately the Bonds and matters contained. in the Purchase Contract, the Indenture and the related proceedings and actions, to execute and deliver said final Official Statement for and in the name and on behalf of the Agency and to execute and deliver to the Underwriter a Continuing Disclosure Certificate substantially in the form appended to the final Official Statement. Section 4. Engagement of Consultants. The Financial Advisor and Jones Hall, A Professional Law Corporation, as bond counsel, are hereby engaged to act as such with respect to the issuance, sale and delivery of the Bonds; payment of compensation and reimbursement of expenses for such consultants to be approved by the Executive Director upon delivery of the Bonds to the Underwriter and to be payable solely from the proceeds of the Bonds. Section 5. Official Action. All actions heretofore taken by the officers and agents of the Agency with respect to the issuance of the Bonds are hereby approved, confirmed and ratified. The Chairman, the Executive Director, the Secretary, the Treasurer and the General Counsel of the Agency and any and all other officers of the Agency are hereby authorized and directed, for -3- and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all document revisions, assignments, certificates, requisitions (including, but not limited to, requisitions for payment of costs of issuance of the Bonds), agreements (including, but not limited to, escrow deposit and trust agreements in customary form providing for the refunding of the above - described bonds issued with respect to the Constituent Projects and agreements in customary form providing for investment of the proceeds of the Bonds, as further provided in the indenture), notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the Bands to the Authority and the Underwriter pursuant to the documents approved herein, to obtain municipal bond insurance and a reserve account credit instrument with respect to the Bonds and . to provide for the refunding and discharge of the above described bonds issued with respect to the Constituent Projects. Section 5. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. -4- ADOPTED AND APPROVED this 17th day of May, 2000 Chairman Manuel Lozano ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ) I, Jose Sanchez, Secretary of the Baldwin Park Redevelopment Agency do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Baldwin Park Redevelopment Agency, at a regular meeting held. on May 17, 2000, by the following vote of the Agency: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: Jose Sanchez Agency Secretary -5- ATTACHMENT #2 INDENTURE OF TRUST 12002 -14 JH:ACH:Isj D5/8/00 INDENTURE OF TRUST Dated as of June 1, 2000 by and between the BALDWIN PARK REDEVELOPMENT AGENCY and U.S. BANK TRUST NATIONAL ASSOCIATION, as Trustee Relating to $9,500,000 Baldwin. Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds TABLE OF CONTENTS Page ARTICLE I DETERMINATIONS; DEFINITIONS Section 1.01. Findings and Determinations ............................................................. ..............................3 Section1.02. Definitions ................................................. ............................... ........ ................:............3. ARTICLE II AUTHORIZATION AND TERMS Section 2.01. Authorization of Bonds ...................................................................... .............................17 Section2.02. Terms of Bonds ................................................................................... .............................17 Section2.03. Redemption of Bonds ......................................................................... .............................18 Section 2.04. Book -Entry System .................................................................:.......... .............................20 Section2.05. Form of Bonds ..................................................................................... .............................22 Section2.06. Execution of Bonds .............................................................................. .............................22 Section2.07. Transfer of Bonds ................................................................................ .............................22 Section2.08. Exchange of Bonds ............................................................................:. ...............:.............23 Section2.09. Registration Bonds .............................................................................. .............................23 Section2.10. Temporary Bonds . ................................................................. .......................................... 23 Section 2.11. Bonds Mutilated, Lost, Destroyed or Stolen .................................... .............................23 ARTICLE III DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS; PARITY DEBT Section3.01. Issuance of Bonds ............................................................................... .............................24 Section 3.02. Application of Proceeds of Sale and Certain Other Amounts.."... .............................. 24 Section 3.03. Bond Proceeds Fund, Costs of Issuance Account ............................ .............................24 Section.3.04. Redevelopment Fund .................... ........ ........................... 24 Section 3.05. Issuance of Parity Debt ........ ............................... .......................... .............................25 Section3.06. Issuance of Subordinate Debt ............................................................ .............................25 Section3.07. Validity of Bonds ................................................. ............................... ............... ......26 ARTICLE IV SECURITY OF BONDS; FLOW OF FUNDS Section 4.01. Security of Bonds; Equal Security ...............................................:..... .............................27 Section 4.02. Special Fund; Deposit of Tax Revenues ............................................ .............................27 Section 4.03. Deposit of Amounts by Trustee ......................................................... .............................27 Section 2.11. Payments by the insurer; Other Provisions Applicable to the Insurer of Principal of and Interest on the Bonds; Other Provisions Applicable to Insurer .......30 ARTICLE V OTHER COVENANTS OF THE AGENCY Section5.01. Punctual Payment .................... ............................... ....................... .............................32 Section 5.02. Limitation on Additional Indebtedness; Against Encumbrances ... .............................32 Section5.03. Extension of Payment ......................................................................... .............................32 Section5.04. Payment of Claims .............................................................................. .............................32 Section 5.05. Books and Accounts; Financial Statements; Annual Calculation of Available Tax Revenues.............................................................................................. .............................32 Section 5.06. Protection of Security and Rights of Owners ........... ............................... ...................... Section 5.07. ..... ..... Payments of Taxes and Other Charges........ ........... ............................... ..............33 Section 5.08. Taxation of Leased Property .............................................................. .......................:.....33 Section5.09. Disposition of Property ..................................................................... .............................33 -i- Section 5.10. Maintenance of Tax Revenues ........................................................... .............................34 Section5.11. No Arbitrage ...................................................................................... .............................34 Section5.12. Rebate Requirement .......................................................................... .............................34 Section 5.13. Private Activity Bond Limitation ..................................................... .............................34 Section 5.14. Private Loan Financing Limitation ................................................... .............................34 Preservation and Inspection of Documents ...................................... .............................39 Section 5.15. Federal Guarantee Prohibition .......................................................... .............................34 Compensation and Indemnification .................................................. .............................39 Section5.16. Compliance with the Code ................................................................ .............................34 Deposit and Investment of Moneys in Funds ................................... .............................40 'Section 5.17. Compliance with the Law; Low and Moderate Income Housing Fund .....................34 Accounting Records and Financial Statements ................................ .............................41 Section 5.18. Management and Operation of Properties ....................................... .............................35 Section5.19. Continuing Disclosure ....................................................................... .............................35 Section 5.20. Compliance With Plan Limit ................................................. ...................................... ...35 Section 5.21. Small Issuer Exemption from Bank Nondeductibility Restriction . .............................35 Section5.21. Further Assurances ............................................................................. .............................35 ARTICLE VI THE TRUSTEE Section 6.01. Duties, Immunities and Liabilities of Trustee ......................... Section6.02. Merger or Consolidation .................................................................... .............................37 Section7.02. Section6.03. Liability of Trustee .............................................................................. .............................37 Endorsement or Replacement of Bonds After Amendment Section6.04. Right to Rely on Documents ......................................................... .............................39 Amendment by Mutual Consent. —, .................... I ..... I .... ............................. I ............ 44 Section 6.05. Preservation and Inspection of Documents ...................................... .............................39 Section 7.06. Section 6.06. Compensation and Indemnification .................................................. .............................39 Section 6.07. Deposit and Investment of Moneys in Funds ................................... .............................40 Section 6.08. Accounting Records and Financial Statements ................................ .............................41 Section 6.09. Appointment of Co- Trustee or Agent .............................................. .............................41 ARTICLE VII MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 7.01. Amendment With Consent of Owners. Section7.02. Effect of Supplemental Indenture .......... ........................................ .............................44 Section 7.03. Endorsement or Replacement of Bonds After Amendment ........... .............................44 Section 7.04. Amendment by Mutual Consent. —, .................... I ..... I .... ............................. I ............ 44 Section 7.05. Transcript of Proceedings to the Insurer ......................................... .............................44 Section 7.06. Copy of Supplemental Indenture to S& P ......................................... .............................44 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF OWNERS Section 8.01. Events of Default and Acceleration of Maturities. . ....................................................... 45 Section 8.02. Application of Funds Upon Acceleration ......................................... .............................46 Section 8.03. Power of Trustee to Control Proceedings ......................................... .............................46 Section 8.04. Limitation on Owner's Right to Sue .................................................. .............................46 Section8.05. Non - Waiver ......................................................................................... .............................47 Section 8.06. Actions by Trustee as Attorney -in- Fact ............................................ .............................47 Section 8.07. Remedies Not Exclusive ...................................................................... .............................48 Section8.08. Rights of Insurer ................................................................................. .............................48 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits Limited to Parties ................................................................. .............................49 Section 9.02. Successor is Deemed Included in All References to Predecessor ... .............................49 Section9.03. Discharge of Indenture ........................................... ............................... .......................49 Section 9.04. Execution of Documents and Proof of Ownership by Owners ...... .............................50 Section 9.05. Disqualified Bonds ............................................................................. .............................50 Si.c Section 9.06. Waiver of Personal Liability . ............................... . ................. .. ......................... ..... ...... —50 Section 9.07. Destruction of Cancelled Bonds ........................................................ .............................50 Section9.08. Notices ................................................................................................. .............................52 Section9.09. Partial Invalidity ................................................................................ .............................52 Section 9.10. Unclaimed Moneys ............................................................................. .............................52 Section 9.11. Execution in Counterparts ................................................................. .............................53 Section9.12. Governing Law .....................................................:............................. .............................53 EXHIBIT A FORM OF BOND rm INDENTURE OF TRUST THIS INDENTURE OF TRUST (this "Indenture ") is made and entered into as of June 1, 2000, by and between the BALDWIN PARK REDEVELOPMENT AGENCY, a public body corporate and politic duly, organized and existing under the laws of the State of California (the "Agency"), and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the "Trustee "); WITNESSETH: WHEREAS, the Agency is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State (the "Law "), including the power to issue bonds for any of its corporate purposes; WHEREAS, redevelopment plans for the Agency's San Gabriel River Redevelopment Project, West Ramona Boulevard Redevelopment Project, Delta Redevelopment Project, Sierra Vista Redevelopment Project and Puente Merged Redevelopment Project have been duly approved in compliance with the Law, WHEREAS, each of the foregoing described redevelopment plans has been duly amended in compliance with the Law to merge each of the respective redevelopment projects (a "Constituent Project") into one project area, namely, the "Merged Redevelopment Project"; WHEREAS, the Agency has determined to issue its Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds ") in the aggregate principal amount of $9,500,000 to provide funds to refund and discharge the following described obligations of Constituent Projects and to provide funds to finance additional redevelopment activities with respect to the Merged Redevelopment Project; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the portion of the Agency's loan payment obligations atttributable to the financing of low and moderate income housing with respect to its San Gabriel River Redevelopment Project, such financing having been implemented pursuant to a Housing Loan Agreement, dated as of May 1, 1998, by and between the Agency and the Baldwin Park Financing Authority (the "Authority"), and having been funded with a portion of the proceeds of the Authority's San Gabriel River Tax Allocation Bonds (Refunding and Housing Projects) Series 1998; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's loan payment obligations attributable to the financing of redevelopment activities, including low and. moderate income housing, with respect to its Sierra Vista Redevelopment Project, such financing having been implemented pursuant to a Project Loan Agreement and a Housing Loan Agreement, each dated as of June 1, 1994, and each by and between the Agency and the Authority, and having been funded with the proceeds of the Authority's Baldwin Park Financing Authority Revenue (Tax Allocation) Bonds 1994 Series A; -1- WHEREAS, a portion of the proceeds of the Bonds will be used to refund and .discharge the Agency's outstanding 1989 Tax Allocation Refunding Bonds (West Ramona Boulevard Redevelopment Project) issued to refinance redevelopment activities with respect to the Agency's West Ramona Boulevard Redevelopment Project; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's reimbursement obligation to the City of Baldwin Park (the "City) attributable to the financing of redevelopment activities with respect to its Delta Redevelopment Project, such redevelopment activities having been financed with the proceeds of the City's Improvement Bonds issued in connection with the City's Delta Assessment District No. 86 -2, and such reimbursement obligation being the Agency's obligation to apply tax increment revenues allocated to the Agency with respect to its Delta Redevelopment Project to the unpaid assessments securing payment of debt service on the Improvement Bonds, all as provided in a Reimbursement Agreement, dated August 27, 1986, by and between the Agency and the City; WHEREAS, in. order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and redemption premium (if any) thereon, the Agency and the Trustee have duly authorized the execution and delivery of this Indenture; and WHEREAS, the Agency has determined that all acts and proceedings required by law necessary to make the Bonds when executed by the Agency, and authenticated and delivered by the Trustee, the valid, binding and legal special obligations of the Agency, and to constitute this Indenture a legal, valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been dome or taken; NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of and the interest and redemption premium (if any) on all the Bonds issued and Outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, and for other valuable considerations, the receipt of which is hereby acknowledged, the Agency and the Trustee do hereby covenant and agree with one another, for the benefit of the respective Owners from time to time of the Bonds, as follows: IRZ ARTICLE I DETERMINATIONS; DEFINITIONS Section 1.01. Findings and Determinations. The Agency has reviewed all proceedings heretofore taken and has found, as a result of such review, and hereby finds and determines that all things, conditions and acts required by law to exist, happen or be performed precedent to and in connection with the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Agency is now duly empowered, pursuant to each and every requirement of law, to issue the Bonds in the manner and form provided in this Indenture. Section 1.02.' Definitions. Unless the context otherwise requires, the terms defined in this Section 1.02 shall, for all purposes of this Indenture, of any Supplemental Indenture, and of any certificate, opinion or dfher document herein mentioned, have the meanings herein specified. "Agency" means the Baldwin Park Redevelopment Agency, a public body corporate and politic duly organized and existing under the Law. "Annual Debt Service" means, for each Bond Year, the sum of (a) the interest payable on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Serial Bonds are retired as scheduled and that the Outstanding Term Bonds are redeemed from mandatory Sinking Account payments as scheduled, (b) the principal amount of the Outstanding Serial Bonds payable by their terms in such Bond Year, and (c) the principal amount of the Outstanding Term Bonds scheduled to be paid or redeemed from mandatory Sinking Account payments in such Bond Year. "Baldwin Park Financing Authority" means the Baldwin Park Financing Authority established by a joint Exercise of Powers Agreement entered into by the City pursuant to Resolution No. 88-37, adopted April 6, 1988, and by the Agency pursuant to Resolution No. 242, adopted April 6, 1988. "Bond" or "Bonds" means the Baldwin Park Redevelopment Agency, Merged Redevelopment Project, 2000 Tax Allocation Refunding Bonds, and, if the context requires, any Parity Debt, authorized by and at any time Outstanding pursuant to this Indenture and any Supplemental Indenture. "Bond Year" means any twelve -month period beginning on September 2 in any year and extending to the next succeeding September 1, both dates inclusive, except that the first Bond Year shall commence on June 1, 2000 and end on September 1, 2000. "Business Day" means a day of the year, other than- Saturday or Sunday, on which banks in Los Angeles, California, are not required or permitted to be closed and on which Federal Reserve system is not closed. "Chairman" means the Chairman of the Agency appointed pursuant to Section 33113 of the Health and Safety Code of the State, or other duly appointed officer of the Agency -3- authorized by the Agency by resolution or by -law to perform the functions of the chairman in the event of the chairman's absence or disqualification. "Closing Date" :means the date on which the Bonds are delivered by the Agency to the original purchaser thereof. "Code" means the Internal Revenue Code of 1986, as amended from time to time. Any reference to a provision of the Code shall be deemed to include the applicable Tax Regulations promulgated with respect to such provision. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Agency dated as of the Closing Date, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Costs of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the Agency relating to the authorization, issuance, sale and delivery of the Bonds and the advance refunding of all of the Prior Bonds, including but not limited to operating expenses, rating agency fees, municipal bond insurance premiums, filing and recording fees, initial fees and charges payable under the Refunding Escrow Agreements, initial fees and charges and first annual administrative fee of the Trustee and fees and expenses of its counsel, fees, charges and disbursements of attorneys, financial advisors, accounting firms, consultants and other professional fees and charges for preparation, execution and safekeeping of the Bonds and any other cost, charge or fee in connection with the issuance of the Bonds. "Costs of Issuance Account" means_ the account by that name established and held by the Trustee pursuant to Section 3.03. "County" means the County of Los Angeles, a county duly organized and existing under the laws of the State. "Debt Service" means the scheduled amount of interest and amortization of principal payable on the Bonds and on any Parity Debt during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Debt Service Fund" means the fund by that name established and held by the Trustee pursuant to Section 4.03. "Defeasance Obligations" means: (a) cash; (b) U.S. Treasury Certificates, Notes and Bonds (including State and Local Government Series); (c) Direct obligations of the Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities; -4- "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security - -State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. "Federal Securities" means any noncallable, direct general obligations of the United States of America, the payment of principal of and interest on which are unconditionally and fully guaranteed by the United States of America. "Fiscal Year" means any twelve -month period beginning on July 1 in any year . and extending to the next succeeding June 30, both dates inclusive, or any other twelve -month period selected and designated by the Agency to the Trustee in writing as its official fiscal year period. ["Guaranty Agreement" means the Financial Guaranty Agreement, dated the Closing Date, by and between the Agency and the Insurer, relating to the Reserve Account Surety. Bond., "Indenture" means this Indenture of Trust by and between the Agency and the Trustee, as originally entered into or as it may be amended or supplemented by any Supplemental Indenture entered into pursuant to the provisions hereof. "Independent Accountant" means any accountant or firm of such accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State, appointed by the Agency, and who, or each of whom: (a) is in fact independent and not under domination of the Agency; (b) does not have any substantial interest, direct or indirect, with the Agency; and (c) is not connected with the Agency as an officer or employee of the Agency, but who may be regularly retained to make reports to the Agency. "Independent Redevelopment Consultant" means any consultant or firm of such consultants appointed by the Agency, and who, or each of whom: Ell (a) is judged by the Agency to have experience in matters relating to the collection of Tax Revenues or otherwise with respect to the financing of redevelopment projects; (b) is in fact independent and not under domination of the Agency; (c) does not have any substantial interest, direct or indirect, with the Agency; and (d) is not connected with the Agency as an officer or employee of the Agency, but who may be regularly retained to make reports to the Agency. "Information Services" means Financial Information, Inc.'s "Daily Called Bond Service', 30 Montgomery Street, 10th Floor, Jersey City, New jersey 07302, Attention: Editor; Kenny Information Services' "Called Bond Service," 65 Broadway, 16th Floor, New York, New York 10006; Moody's Investors Service "Municipal and Governments' 99 Church Street, 8th Floor, New York, New York 10007, Attention: Municipal News Reports; Standard & Poor's Corporation "Called Bond Record," 25 Broadway, 3rd Floor, New York, New York 10004; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and /or such other services providing information with respect to the redemption of bonds as the Agency may designate in a Written Request of the Agency filed with the Trustee. "Insurance Policy" means the issued by the Insurer insuring the payment when due of the principal of and interest on the Bonds as provided therein. "Insurer" means including its successors, as issuer of the Insurance Policy. "Interest Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(a). "Interest Payment Date" means March 1 and September 1, commencing March 1, 2001, and in each year thereafter so long as any of the Bonds remain Outstanding hereunder. "Law" means the Community Redevelopment Law of the State, constituting Part 1 of Division 24 of the Health and Safety Code of the State, and the acts amendatory thereof and supplemental thereto. "Maximum. Annual Debt Service" means, as of the date of calculation, the largest amount obtained by totaling, for the current or any future Bond Year, the sum of (a) the interest payable on the Outstanding Bonds and any Parity Debt in such Bond Year, assuming that Outstanding Serial Bonds are retired as scheduled and that any Outstanding Term Bonds are redeemed from mandatory sinking fund payments as scheduled, (b) the principal amount of Outstanding Bonds and any Parity Debt payable by their terms in such Bond Year, and (c) the principal amount of any Outstanding Term Bonds scheduled to be redeemed from mandatory sinking fund payments in such Bond Year. If any proceeds of outstanding Parity -7- Debt shall be on deposit in an escrow fund from which amounts may not be released to the Agency unless the amount of Tax Revenues for the most recent Fiscal year (as evidenced in a written document from an appropriate official of the County), at least equals 125% of the amount of Maximum Annual Debt Service, which would result if the amount on deposit in such escrow fund were to be released to the Agency from such escrow fund in accordance with the terms of the related Supplemental Indenture, then for purposes of calculating Maximum Annual Debt Service, the Annual Debt Service on such Parity Debt shall be determined as if the amounts then on deposit in the escrow fund were withdrawn therefrom and applied to pay or redeem such Parity Debt in accordance with the terms of the related Supplemental Indenture. "Merged Redevelopment Project" means the merged redevelopment project by that name approved by Ordinance No. of the City Council of the City adopted May _, 2000, amending the redevelopment plans for the San Gabriel River Redevelopment Project, the Puente /Merged Redevelopment Project, the West Ramona Redevelopment Project, the Delta Redevelopment Project and the Sierra Vista Redevelopment Project for the purpose of a merger establishing the Merged Redevelopment Project pursuant to a redevelopment plan designated as the "Merged Redevelopment Plan," together with any amendments to said redevelopment plan duly adopted pursuant to the Law. " Moody's" means Moody's Investors Service, Inc., its successor and assigns. "Nominee" means (a) initially, Cede & Co., as nominee of DTC, and (b) any other nominee of the Depository designated pursuant to Section 2.04(a). "Outstanding„ when used as of any particular time with reference to Bonds, .means (subject to the provisions of Section 9.05) all Bonds except: (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of Section 9.03; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Agency pursuant hereto. "Owner" means, with respect to any Bond, the person in whose name the ownership of such Bond shah be registered on the Registration Books. "Parity Debt" means any loans, advances or indebtedness issued or incurred by the Agency on a parity with the Bonds. "Participating Underwriter" has the meaning ascribed thereto in the Continuing Disclosure Certificate. "Permitted Investments" means any of the following which at the time of investment are legal investments under the laws of the State for the moneys proposed to be invested therein, but only to the extent that the same are acquired at Fair Market.Value: (a) Federal Securities; (b) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (i) direct obligations or fully guaranteed certificates of beneficial ownership of the U.S. Export- Import Bank; (ii) certificates of beneficial ownership of the Farmers Home Administration; (iii) obligations of the Federal Financing Bank; (iv) debentures of the Federal Housing Administration; (v) participation certificates of the General Services Administration; (vi) guaranteed mortgage - backed bonds or guaranteed pass through obligations of the Government National Mortgage Association; (vii) guaranteed Title XI financings of the U.S. Maritime Administration; (viii) project notes, local authority bonds, new communities debentures and U.S. public housing notes and bonds of the U.S. Department of Housing and Urban Development; (c) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non -full faith and credit U.S, government agencies (stripped securities are only permitted if they have been stripped by the agency itself): (i) senior debt obligations of the Federal Horne Loan Bank System; (ii) participation certificates and senior debt obligations of the Federal Home Loan Mortgage Corporation; (iii) mortgaged-backed securities and senior debt obligations of the Federal National Mortgage Association (excluding stripped mortgage securities which are valued greater than par on the portion of unpaid principal); (iv) senior debt obligations of the Student Loan Marketing Association; (v) obligations (but only the interest component of stripped obligations) of the Resolution Funding Corporation and (vi) consolidated system wide bonds and notes of the Farm Credit System; (d) money market funds (including funds of the Trustee or its affiliates) registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S &P of "AAAr -G ", "AAAm ", or "AAm "; (e) certificates of deposit secured at all times by collateral described in (a) or (b) above, which have a maturity of one year or less, which are issued by commercial banks, savings and loan associations or mutual savings banks, and such collateral must be held by a third party, and the Trustee must have a perfected first security interest in such collateral; (f) certificates of deposit, savings accounts, deposit accounts or money market deposits (including those of the Trustee and its affiliates) which are fully insured by the Federal Deposit Insurance Corporation; (g) investment agreements, including guaranteed investment contracts, which, (i) so long as any Bond insured by the Insurer is Outstanding, at the time of execution are acceptable to the Insurer, and, thereafter (ii) are general obligations of an entity 92 whose long term debt obligations, or claims paying ability, respectively, is rated in one of the two highest rating categories by Moody's or S &P; (h) commercial paper rated, at the time of purchase, "Prime -1" by Moody's and "A -1" or better by S &P; (i) bonds or notes issued by any state or municipality which are rated by Moody's and S &P in one of the two highest rating categories assigned by such agencies; 0) federal funds or bankers acceptances with a maximum term of one year of any bank which has an unsecured, uninsured and unguaranteed obligation rating of "Prime -1" or "A3" or better by Moody's and "A -V or "A" or better by S &P; (k) repurchase agreements which provide for the transfer of securities from a dealer bank or securities firm (seller /borrower) to the Trustee and the transfer of cash from the Trustee to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the Trustee in exchange for the securities at a specified date, which satisfy the following criteria (unless otherwise approved by the Insurer):. (i) repurchase agreements must be between the Trustee and (A) a primary dealer on the Federal Reserve reporting dealer list which falls under the jurisdiction of the Securities Investors Protection Corporation and which are rated "A" or better by Moody's and S &P, or (B) a bank rated "A" or better by Moody's and S &P; (ii) the written repurchase agreement contract must include the' following: (A) securities acceptable for transfer, which may be direct U.S. government obligations, or federal agency obligations backed by the full faith and credit of the U.S. government; (B) the term of the repurchase agreement may be up to 30 days; (C) the collateral must be delivered to the Trustee or a third party acting as agent for the Trustee simultaneous with payment (perfection . y possession of certificated securities); (D) the Trustee must have a perfected first priority security interest in the collateral; (E) the collateral must be free and clear of third -party liens and, in the case of a broker which falls under the jurisdiction of the Securities Investors Protection Corporation, are not subject to a repurchase agreement or a reverse repurchase agreement; (F) failure to maintain the requisite collateral percentage, after a two day restoration period, will require the Trustee to liquidate the collateral;. (G) the securities must be valued weekly, marked -to- market at current market price plus accrued interest and the value of collateral must be equal to 104% of the amount of cash transferred by the Trustee to the dealer bank or securities firm under the repurchase agreement plus accrued interest (unless the securities used as collateral are obligations of the Federal National Mortgage Association or the the Federal Home Loan Mortgage Corporation, in which case the collateral must be equal to 105% of the amount of cash transferred by the Trustee to the dealer bank or securities firm under the repurchase agreement plus accrued interest). If the value of securities held as collateral falls below 104% of the value of the cash _10- transferred by the Trustee, then additional cash and /or acceptable securities must be transferred; and (iii) a legal opinion must be delivered to the Trustee to the effect that the repurchase agreement meets guidelines under state law for legal investment of public funds; (1) pre - refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S &P; provided, however,. pre - refunded municipal bonds rated by S &P only (i.e., no Moody's rating) are acceptable if such pre - refunded municipal bonds were pre - refunded with cash, direct U.S. or U.S. guaranteed obligations or AAA rated pre - refunded municipal bonds; (stn) the Local Agency Investment Fund of the State of California, created pursuant to Section 16429.1 of the California Government Code, to the extent the Trustee is authorized to register such investment in its name; and (n) any other investments approved in writing by the Insurer. "Plan Limitations" means the limitations contained or incorporated in the Redevelopment flan on (a) the aggregate principal amount of indebtedness payable from Tax Revenues which may be outstanding at any time, (b) the aggregate amount of taxes which may be divided and allocated to the Agency pursuant to the Redevelopment Plan, (c) the period of time for establishing or incurring indebtedness payable from Tax Revenues and (d) the period of time for receiving Tax Revenues for any purpose, in each case established pursuant to Section 33333.4 or 33333.6 of the Redevelopment Law.. "Principal Account " means the account by that name established and held by the Trustee pursuant to Section 4.03(b). "Prior Bonds" means, together, the 1988A Bonds and the 1988B Bonds. "Project Area" means the territory within the Redevelopment Project, as described in the Redevelopment Plan. "Puente- Merced Loan Agreement" means the Puente - Merced Loan Agreement, dated as of January 1, 1990, by and among the. Agency, the Authority and Security Pacific National Bank, as trustee, providing for the financing of redevelopment activities with respect to the Puente- Merced Redevelopment Project. "Puente- Merced Redevelopment Project" means the redevelopment project by that name established pursuant to the redevelopment plan approved by Ordinance No. 780 of the City Council of the City adopted August 16, 1978, together with all amendments of said redevelopment plan duly adopted pursuant to the Law. "Qualified Reserve .Account Credit Instrument" means any irrevocable standby or direct -pay letter of credit or surety bond issued by a commercial bank or insurance company and deposited with the Trustee pursuant to the Indenture, provided that all of the following -11- requirements are met: (a) the long -term credit rating of such bank or insurance company is in one of the two highest rating categories by S &P and Moody's; (b) such letter of credit or surety bond has a term of at least twelve (12) months; (c) such letter of credit or surety bond has a stated amount at least equal to the portion of the Reserve Requirement with respect to which funds are proposed to be released pursuant to the Indenture; (d) the Trustee is authorized pursuant to the terms of such letter of credit or surety bond to draw thereunder an amount equal to any deficiencies which may exist from time to time in the Interest Account, Principal Account or the Sinking Account for the purpose of making payments required pursuant to the Indenture; and (e) written notice of the posting of such Qualified Reserve Account Credit Instrument is given to S &P and Moody's. "Rating Categories" means any one of the investment grade rating categories (without regard to plus or minus sign or other numerical or qualifying designation) of Standard & Poor's Corporation, or its successors or assigns. "Record Date" means, with respect to any Interest Payment Date, the close of business on the fifteenth (15th) calendar day of the month preceding such Interest Payment Date, whether or not such fifteenth (15th) calendar day is a Business Day. "Redemption Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(f). "Redevelopment Fund" means the fund by that name established and held by the Agency pursuant to Section 3.04. "Redevelopment Plan" means the Redevelopment Plan for the Merged Redevelopment Project, together with any amendments thereof hereafter duly enacted pursuant to the Law. "Redevelopment Project" means the Merged Redevelopment Project as described in the Redevelopment Plan and pursuant to the Lave. "Registration Books" means the records maintained by the Trustee pursuant to Section 2.09 for the registration and transfer of ownership of the Bonds. "Report" means a document in writing signed by an Independent Redevelopment Consultant and including. (a) a statement that the person or firm making or giving such Report has read the pertinent provisions of this Indenture to which such Report relates; (b) a brief statement as to the nature and scope of the examination or investigation upon which the Report is based; and (c) a statement that, in the opinion of such person or firm, sufficient examination or investigation was made as is necessary to enable said consultant to express an informed opinion with respect to the subject matter referred to in the Report. -12- (d) The interest component of Resolution Funding Corporation strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form; (e) Pre - refunded municipal bonds rated "Aaa' by Moody's and "AAA' by S &P, provided that, if the issue is rated only by S &P (i.e., there is no Moody's rating), then the pre - refunded municipal bonds must have been pre - refunded with cash, direct U.S.. or U.S. guaranteed obligations, or AAA rated pre - refunded municipals; and (f) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by -any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (i) direct obligations or fully guaranteed certificates of beneficial ownership of the U.S. Export- Import Bank; (ii) certificates of beneficial ownership of the Farmers Home Administration; (iii) obligations of the Federal Financing Bank; (iv) debentures of the Federal Housing Administration; (v) participation certificates of the General Services . Administration; (vi) guaranteed Title XI financings of the U.S. Maritime Administration; (vu) project notes, local authority bonds, new communities debentures and U.S. public housing notes and bonds of the U.S. Department of Housing and Urban Development. "Delta Improvement Bonds" means the City of Baldwin Park Improvement Bonds Delta Assessment District No. 86 -2 issued by the City in the aggregate principal amount of $1,625,000 for the purpose of financing public improvements of benefit to the Delta Redevelopment Project and certain properties then owned by the Agency. r "Delta Redevelopment Project" means the redevelopment project by that name established pursuant to a redevelopment plan approved by Ordinance No. 868 of the City Council of the City adopted December 23, 1983, together with all amendments of said redevelopment plan duly adopted pursuant to the Law. "Delta Reimbursement Agreement" means the Reimbursement Agreement, dated August 27, 1986, by and between the Agency and the City, providing for the application of tax increment revenues allocated to the Delta Redevelopment Project to the payment of unpaid assessments securing the Delta Improvement Bonds. "Depository" means (a) initially, DT C, and (b) any other Securities Depository acting as Depository pursuant to Section 2.04. "Depository System Participants' means any participant in the Depository's book -entry system. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Event of Default" means any of the events described in Section 8.01. -5- "Reserve Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(d). [ "Reserve Account Surety Bond" means the Debt Service Reserve Account Surety Bond issued by the Insurer pursuant to the Guaranty Agreement for the credit of the Reserve Account as provided therein and subject to the limitations set forth therein.] "Reserve Requirement" means, as calculated by the Agency, the least of (i) one hundred twenty -five percent (1.25 %) of average annual Debt Service on the Bonds, (ii) ten percent (10%) of the original principal amount of the Bonds and any Parity Debt or, (iii) Maximum Annual Debt Service. If at the time of calculation of the Reserve Requirement there shall be two (2) or more reserve accounts established with respect to the Bonds and any Parity Debt, then the amounts on deposit in such reserve accounts shall be aggregated for purposes of calculating compliance with the Reserve Requirement. "S &P" means Standard and Poor's Ratings Services, its successors and assigns. "San Gabriel River Authority Bonds" means the Baldwin Park Financing Authority San Gabriel River Tax Allocation Bonds (Refunding and Housing Projects) Series 1998, issued by the Authority in the aggregate principal amount of $11,875,000, a portion of the proceeds of which were used to make a loan to. the Agency pursuant to the San Gabriel River Housing Loan Agreement. "San Gabriel River Housing Loan Agreement" means the Housing Loan Agreement, dated as of May 1, 1998, by and between the Agency and the Authority providing for the financing of low and moderate income housing with respect to the San Gabriel River Redevelopment Project. "San Gabriel River Project Loan Agreement" means the Project Loan Agreement, dated as of May 1, 1998, by and between the Agency and the Authority providing for the financing of redevelopment activities with respect to the San Gabriel River Redevelopment Project. "San Gabriel River Redevelopment Project' means the redevelopment project by that name established pursuant to a redevelopment plan approved by Ordinance No. 746 of the City Council of the City adopted December 2, 1976, together with all amendments of said redevelopment plan. heretofore duly adopted pursuant to the Law; "Securities Depositories" means The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Fax -(516) 227 -4039 or 4190; Midwest Securities Trust Company, Capital Structures -Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605, Fax - (312) 663 -2343; Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Philadelphia, Pennsylvania 19103, Attention: Bond Department, Dex -(215) 496 -5058; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the Agency may designate in a Written Request of the Agency delivered to the Trustee.. "Serial Bonds" means the all Bonds other than the Term Bonds. -13- "Sierra Vista Authority Bonds" means the Baldwin Park Financing Authority Revenue (Tax Allocation) Bonds 1994 Series A, issued by the Authority in the aggregate principal amount of $8,120,000, the net proceeds of which were used to make loans to the Agency pursuant to the Sierra Vista Loan Agreements. "Sierra Vista. Loan Agreements" means, together, the Project Loan Agreement and the Housing Loan Agreement, each dated as of June 1, 1994, and each by and between the Agency and the Authority, providing for the financing of redevelopment activities, including low and moderate income housing, with respect to its Sierra Vista Redevelopment Project. "Sierra Vista Redevelopment Project' means the redevelopment project by that name established pursuant to a redevelopment plan approved by Ordinance No. 947 of the City Council of the City adopted July 2, 1986, together with all amendments of said redevelopment plan heretofore duly adopted pursuant to the Law. "Sinking Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(c). "Special Fund" means the fund by that name established and held by the Agency pursuant to Section 4.02. "State" means the State of California. "Subordinate Debt" means any loans, advances or indebtedness issued or incurred by the Agency pursuant to Section 3.06, which are either: (a) payable from, but not secured by a pledge of or lien upon, the Tax Revenues; or (b) secured by a pledge of or lien upon the Tax Revenues which is subordinate to the pledge of and lien upon the Tax Revenues hereunder for the security of the Bonds. "Supplemental Indenture" means any resolution, agreement or other instrument which has been duly adopted or entered into by the Agency; but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. "Tax Regulations" means temporary and permanent regulations promulgated under section 103 and all related provisions of the Code. "Tax Revenues" means, except as provided below, moneys allocated within the Plan Limitations and paid to the Agency derived from (a) that portion of taxes levied upon assessable property within the Project Area allocated to the Agency pursuant to Article 6 of Chapter 6 of the Law and Section 16 of Article XVI of the Constitution of the State of California, or pursuant to other applicable State laws, and (b) reimbursements, subventions (but excluding payments to the Agency with respect to personal property within the Project Area pursuant to Sections 16110, et seq., of the Government Code of the State of California) or other payments made..by the State with respect to any property taxes that would otherwise be due on real or personal property but for an exemption of such property from such taxes, and including that portion of such taxes otherwise required by Section 33334.3 of the Law to be deposited in the Low and Moderate Income Housing Fund, but only to the extent necessary to repay that portion of the Bonds (including that portion of the Prior Bonds refunded with the proceeds of -14- the Bonds) and any Parity Debt (including applicable reserves and financing costs) attributed to amounts deposited in the Low and Moderate Income Housing Fund for use pursuant to Section. 33334.2 of the Law to increase, improve or preserve the supply of low and moderate income housing within or of benefit to the Project Area; but excluding (i) all other amounts of such taxes (if any) required to be deposited into the Low and Moderate Income Housing Fund of the Agency pursuant to Section 33334.3 of the- Law, (ii) amounts payable by the Agency pursuant to the Tax - Sharing Agreements, (iii) taxes (and related payments, subventions and reimbursements) to be applied as "Tax Revenues" with respect to the Puente - Merced Loan Agreement within the meaning and pursuant to such Agreement, (iv) taxes (and related payments, subventions and reimbursements) to be applied as "Tax Revenues" with respect to the San Gabriel River Project Loan Agreement within the meaning and pursuant to such Agreement, and (v) amounts payable by the Agency pursuant to Sections 33607.5 and 33607.7 of the Law, except and to the extent that any amounts so payable are payable on a basis subordinate to the payment of the Bonds and any Parity Debt, as applicable. "Tax Sharing Agreements" means, collectively, the agreements heretofore entered into by the Agency pursuant to Section 33401. of the Law providing for the payment of tax increment revenues (allocated and paid to the Agency pursuant to Section 33670 of the Law) to the following entities: [to come]. "Term Bonds" means the Bonds maturing September 1, , and any Parity Debt payable from annual Sinking Account payments pursuant to the applicable Supplemental Indenture. "Trustee" means U.S. Bank Trust National Association, as trustee hereunder, or any successor thereto appointed as trustee hereunder in accordance with the provisions 2 of Article VI. "Trust Office" means such corporate trust office of the Trustee as may be designated from time to time by written notice from the Trustee to the Agency, initially being 550 South Hope Street, Suite 500, Los Angeles, California 90071, except that with respect to presentation of Bonds for payment or for registration of transfer and exchange such term shall mean the office or agency of the Trustee at which at any particular time, its corporate trust business shall be conducted. "West Ramona Boulevard Redevelopment Project" means the redevelopment project by that name established pursuant to a redevelopment plan approved by Ordinance No. 801 of the City Council of the City adopted September 19, 2979, together with all amendments of said redevelopment plan duly adopted pursuant to the Law. "West Ramona Boulevard Tax Allocation Bonds" means the Baldwin Park Redevelopment Agency 1989 Tax Allocation Refunding Bonds (West Ramona Boulevard Redevelopment Project) issued by the Agency in the aggregate principal amount of $1,530,000 to refinance the costs of certain redevelopment activities with respect to the West Ramona Boulevard Redevelopment Project. "Written Request of the Agency" or "Written Certificate of the Agency" means a request or certificate, in writing signed by the Executive Director, Deputy Executive Director, -15- Secretary or Treasurer of the Agency or by any other officer of the Agency duly authorized by the Agency for that purpose. Section 1.03. Rules of Construction. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. -16- ARTICLE II AUTHORIZATION AND TERMS Section 2.01. Authorization of Bonds. Bonds in the aggregate principal amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) are hereby authorized to be issued by the Agency under and subject to the terms of this Indenture and the Law. This Indenture constitutes a continuing agreement with the Owners of all of the Bonds issued or to be issued hereunder and then Outstanding to secure the full and final payment of principal and redemption premiums (if any) and the interest on all Bonds which may from time to time be executed and delivered hereunder, subject to the covenants, agreements, provisions and conditions herein contained. The Bonds shall be designated the "Baldwin Parr Redevelopment Agency, Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds ". Section 2.02. Terms of Bonds. The Bonds shall be issued in fully registered form without coupons in the denomination' of $5,000 or any integral multiple thereof. The Bonds shall mature and shall bear interest (calculated on the basis of a 360 -day year of twelve 30 -day months) at the rate per annum as follows: Maturity Date (September 1) Principal Amount [TO COME] Interest Rate Interest on the Bonds shall be payable semiannually on each Interest Payment Date to the person whose name appears on the Registration Books as the Owner thereof as of the Record Date immediately preceding each such Interest Payment Date, such interest to be paid by check of the Trustee mailed by first class mail to such Owner at the address of such Owner as it appears on the Registration Books as of such Record Date; provided however, that payment of interest may be by wire transfer to any registered owner of Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Trustee before the applicable Record Date. Principal of and redemption premium (if any) on any Bond shall be paid upon presentation and surrender thereof, at maturity or redemption, at the Trust Office of the Trustee. Both the principal of and interest and premium (if any) on the Bonds shall be payable in lawful money of the United States of America. Each Bond shall be dated June 1, 2000, and shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or ,(b) a Bond is authenticated on or before February 15, 2001, in which event it shall bear interest from June 1, 2000; provided, however, that if, as of the date of authentication of any Bond, interest thereon is in default, such Bond shall bear -17- interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Section 2.03. Redemption of Bonds. (a) Optional Redem lion. The Bonds maturing on or after September 1, 2008, shall be subject to redemption at the option of the Agency from any available source of funds by such maturity or maturities as determined by the Agency and by lot within a maturity, As a whole on any date or in part on any date, on or after September 1, 2007, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed) together with accrued interest thereon to the date fixed for redemption. Redemption Redemption Period Price September 1, 2007, through August 31, 2008 101.0% September 1, 2009, through August 31, 2009 100.5 September 1, 2009, and thereafter . 100.0 The Agency shall be required to give the Trustee written notice of its intention to redeem Bonds under this subsection (a), of the date of such redemption and of its determination of the annual maturities to be redeemed at least sixty (60) days prior to the date fixed for such redemption, and shall transfer to the Trustee for deposit in the Redemption Account all amounts required for such redemption at least five (5) Business Days prior to the date fixed for such redemption. There shall be no optional redemption of Bonds unless all amounts (if any) owed to the Insurer under. the Guaranty Agreement have been paid in full. i (b) Sinking Account Redemption. The Term Bonds maturing September 1, 2000, shall also be subject to mandatory redemption in part by lot on September. 1, , and on each September 1, thereafter to an including September 1, , from Sinking Account payments made by the Agency pursuant to Section 4.03(c) at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium, or in lieu thereof shall be purchased in whole or in part pursuant to the succeeding paragraph of this subsection (b), in the aggregate respective principal amounts and on the respective dates as set forth in the following table; provided, however, that if some but not all of the Bonds have been redeemed pursuant to subsection (a) above, the total amount of all future Sinking Account payments shall be reduced by the aggregate principal amount of Bonds so redeemed, to be allocated among such Sinking Account payment on a pro rata basis in integral multiples of $5,000 as determined by the Agency (notice of which determination shall be given by the Agency to the Trustee). Term Bonds Maturing September 1, 20L, Sinking Account Redemption Date Principal Amount To Be (September 1) Redeemed or Purchased -18- [TO COME] In lieu of redemption of Term. Bonds pursuant to this subsection (b), amounts on deposit in the Special Fund as Sinking Account payments may also be used and withdrawn by the Agency for the purchase of the Term Bonds at public or private sale as and when and at such prices (including brokerage and other charges and including accrued interest) as the Agency may in its discretion determine. The par amount of any of the Term Bonds so purchased by the Agency and surrendered to the Trustee for cancellation in any twelve -month period ending on July 1 in any year shall be credited towards and shall reduce the par amount of the Bonds otherwise required to be redeemed on the following September 1 of such year pursuant to this subsection (b). (c) Notice of Redemption. The Trustee on behalf and at the expense of the Agency shall mail (by first class mail, postage prepaid) notice of any redemption at least thirty (30) but not more than sixty (60) days prior to the redemption date, to (i) the Owners of any Bonds designated for redemption at their respective addresses appearing on the Registration Books, and (ii) the Securities Depositories and to one or more Information Services designated in a Written Request of the Agency filed with the Trustee; but such mailing; shall not be a condition precedent to such redemption and neither failure to receive any such notice nor any defect therein shall affect the validity of the proceedings for the redemption of such Bonds or the cessation: of the accrual of interest thereon Such notice shall state the redemption date and the redemption price, shall state that such redemption is conditioned upon the timely delivery of the "redemption price by the Agency to the Trustee for deposit in the Redemption Account, shall designate the CUSIP number of the Bonds to be redeemed, state the individual number of each Bond to be redeemed or state that all Bonds of a series between two stated numbers (both inclusive) or all of the Bonds Outstanding `are to be redeemed, and shall require that such Bonds be then surrendered at the Trust Office of the Trustee for redemption at the said redemption price, giving notice also that further interest on such Bonds will not accrue from and after the redemption date. The Agency shall have the right to rescind any optional redemption by written notice to the Trustee on or prior to the date fixed for redemption. Any notice of redemption shall be cancelled and annulled if for any reason funds will not or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under this Indenture. The Agency and the Trustee shall have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Trustee shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (d) Partial Redemption of Bonds. In the event only a portion of any Bond is called for redemption, then upon surrender of such Bond the Agency shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Agency, a new Bond or _79_ Bonds of the same interest rate and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond to be redeemed. (e) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption price of and interest on the Bonds so called for redemption shall have been duly deposited with the Trustee, such Bonds so called shall cease to be entitled to any benefit under this Indenture other than the right to receive payment of the redemption price and accrued interest to the redemption date, and no interest shall accrue thereon from and after the redemption date specified in such notice. (f) Manner of Redemption. Whenever any Bonds or portions thereof are to be selected for redemption by lot, the Trustee shall make such selection, in such manner as the Trustee shall deem fair and appropriate, and shall notify the Agency thereof. In the event of redemption by lot of Bonds, the Trustee shall assign to each Bond then Outstanding a distinctive number for each $5,000 of the principal amount of each such Bond. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. All Bonds redeemed or purchased pursuant to this Section 2.03 shall be cancelled and, if held by the Trustee, shall be surrendered to the Agency (subject to the provisions of Section 9.07). Section 2.04. Book -Entry .System. (a) Original Delivery. The Bonds shall be initially delivered in the form of a separate single fully registered Bond without coupons (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the ownership of each such Bond shall be registered on the Registration Books in the name of the Nominee. Except As provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the Nominee on the Registration Books. With respect to Bonds the ownership of which shall be registered in the name of the Nominee, the Agency and the Trustee shall have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the Agency holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the Agency and the Trustee shall have no responsibility or obligation. with respect to (i) the accuracy of the records of the Depository, the Nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than a Bond Owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the Agency elects to redeem the Bonds in part, (iv) the payment to any Depository System Participant or any other person, other than a Bond Owner as shown in the Registration Books, of any amount with respect to principal, premium, if any, or interest on the Bonds or (v) any consent given or other action taken by the Depository as Owner of the Bonds. The Agency and the Trustee may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal, premium and interest on such Bond, for the purpose of giving notices of prepayment -20- and other matters with respect to such Bond, for the purpose of registering transfers of ownership of such Bond, and for all other purposes whatsoever. The Trustee shall pay the principal of and interest and premium, if any, on the Bonds only to the respective Owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than a Bond Owner shall receive a Bond evidencing the obligation of the Agency to make payments of principal, interest and premium, if any, pursuant to this Indenture. Upon delivery by the Depository to the nominee of written notice to the effect that the Depository has determined to substitute a new Nominee in its place, and subject to the provisions herein with respect to Record Dates, such new nominee shall become the Nominee hereunder for all purposes; and upon receipt of such a notice the Agency shall promptly deliver a copy of the same to the Trustee. (b) Representation Letter. In order to qualify the Bonds for the Depository's book -entry system, the Agency and the Trustee shall execute and deliver to such Depository a letter representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the Agency or the Trustee any obligation whatsoever with respect to persons having interests in the Bonds other than the Bond Owners. The Trustee agrees to comply with all provisions in such letter with respect to the giving of notices thereunder by the Trustee. In addition to the execution and delivery of such letter, the Agency may take any other actions, not inconsistent with this Indenture, to qualify the Bonds for the Depository's book -entry program. (c) Transfers Outside Book -Entry System. In the event that either (i) the Depository determines not to continue to act as Depository for the Bonds, or (ii) the Agency determines to terminate the Depository as such, then the Agency shall thereupon discontinue the book -entry system with such Depository. In such event, the Depository shall cooperate with the Agency and the Trustee in the issuance of replacement Bonds by providing the Trustee with a list showing the interests of the . Depository System: Participants in the Bonds, and by surrendering the Bonds, registered in the name of the Nominee, to the Trustee on or before the date such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisions of this subsection (c). If, prior to the termination of the Depository acting as such, the Agency fails to identify another Securities Depository to replace the Depository, then the Bonds shall no longer be required to be registered in the Registration Books in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Article 2. Prior to its termination, the Depository shall furnish the Trustee with the names and addresses of the Participants and respective ownership interests thereof. (d) Payments to the Nominee. Notwithstanding any other provision of this Indenture to the contrary, so long as any Bond is registered in the name of the Nominee, all payments with respect to principal of and interest and premium, if any, on -21- such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the letter described in subsection (b) of this Section or as otherwise instructed by the Depository. Section 2.05. Form.. of Bonds. The Bonds, the form of Trustee's Certificate of Authentication, and the form of Assignment to appear thereon, shall be substantially in the form set forth in Exhibit A, which is attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture. Section 2.06. Execution of Bonds. The Bonds shall be executed on behalf of the Agency by the signature of its Chairman and the signature of its Secretary who are in office on the date of execution and delivery of this Indenture or at any time thereafter. Either or both of such signatures may be made manually or may be affixed by facsimile thereof. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the purchaser, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the purchaser. Any Bond may be signed and attested on behalf of the Agency by such persons as at the actual date of the execution of such Bond shall be the proper officers of the Agency although on the date of such Bond any such person shall not have been such officer of the Agency. Only such of the Bonds as shall bear thereon a certificate of authentication in the form hereinbefore set forth, executed and dated by and in the name of the Trustee by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive evidence that such Bonds have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. In the event temporary Bonds are issued pursuant to Section 2.09 hereof, the temporary Bonds m4y - bear thereon a certificate of authentication executed and dated by the Trustee, may be initially registered by the Trustee, and, until so exchanged as provided under Section 2.09 hereof, the temporary Bonds shall be entitled to the same benefits pursuant to this Indenture as definitive Bonds authenticated and delivered hereunder. . Section 2.07. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the Registration Books, by the person in whose name it is registered, in person or by a duly authorized attorney of such person, upon surrender of such Bond to the Trustee at its Trust Office for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Trustee, duly executed. Whenever any Bond or Bonds shall be surrendered for registration of transfer, the Agency shall execute and the Trustee shall deliver a new Bond or Bonds, of like series, interest rate, maturity and principal amount. The Trustee shall collect from the Owner any tax or other governmental charge on the transfer of any Bonds pursuant to this Section 2.07. The Trustee may refuse to transfer, under the provisions of this Section 2.07, either (a) any Bonds during the period fifteen (15) days prior to the date established by the Trustee for the selection of Bonds for redemption, or (b) any Bonds selected by the Trustee for redemption pursuant to the provisions of Section 2.03. -22- Section 2.08. Exchange of Bonds. Bonds may be exchanged at the Trust Office of the Trustee for a like aggregate principal amount of Bonds of other authorized denominations of the same series, interest rate and maturity. The Trustee shall collect any tax or other governmental charge on the exchange of any Bonds pursuant to this Section 2.08. The Trustee may refuse to exchange, under the provisions of this Section 2.08, either (a) any Bonds during the fifteen (15) days prior to the date established by the Trustee for the selection of Bonds for redemption or (b) any Bonds selected by the Trustee for redemption pursuant to the provisions of Section 2.03. Section 2.09. Registration Bonds. The Trustee will keep or cause to be kept, at its Trust Office, sufficient records for the registration and registration of transfer of the Bonds, which shall at all times during normal business hours be open to inspection by .the Agency, upon reasonable prior notice to -the Trustee; and, .upon presentation for such purpose, the, Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or. transferred, on the Registration Books Bonds as hereinbefore provided. Section 2:10. Temporary. Bonds. The Bonds may be initially issued in .temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Agency, and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Agency upon the same conditions and in substantially the same manner as the definitive Bonds. If the Agency issues temporary Bonds it will execute and furnish definitive Bonds without delay, and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange therefor at the Trust Office of the Trustee, and the Trustee shall deliver in. exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations, interest rates and like maturities. Until so exchanged, the temporary Bonds shall be entitled to the same benefits pursuant to this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.11. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Agency, at the expense of the Owner of such Bond, shall execute, and the Trustee shall thereupon deliver, a new Bond of like tenor and amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and delivered to, or upon the order of, the Agency. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Agency and the Trustee and, if such evidence be satisfactory to both and indemnity satisfactory to them shall be given, the Agency, at the expense of the Owner, shall execute, and the Trustee shall thereupon deliver, a new Bond of like tenor and amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Agency may require payment by the Owner of a sum not exceeding the actual cost of preparing each new Bond issued under this Section 2.10 and of the expenses which may be incurred by the Agency and the Trustee in the premises. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Agency whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be. equally and proportionately entitled to the benefits of this Indenture with all other Bonds issued pursuant to this Indenture. -23- ARTICLE III DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS; PARITY DEBT Section 3.01. Issuance of Bonds. Upon the execution and delivery of this Indenture, the Agency shall execute and deliver to the Trustee Bonds in the aggregate principal amount of Nine Million Five Hundred Thousand Dollars ($9,500,000) and the Trustee shall authenticate and deliver the Bonds upon the Written Request of the Agency. Section 3.02. Application of Proceeds of Sale and Certain Other Amounts. On the Closing Date the proceeds of sale of the Bonds shall be paid to the Trustee, deposited in the Bond Proceeds Fund and applied as follows: (a) The Trustee shall deposit the amount of $ in the Costs of Issuance Account; (b) The Trustee shall deposit the amount of $ mi the Reserve Account, which amount,( together with the principal amount of the Reserve Account Surety Bond, equals the Reserve Requirement; (c) The Trustee shall transfer to U.S. Bank Trust National Association; as Escrow Bank, the amount of $5,247,081.41 with respect to the Prior Bonds for deposit and application as provided in the Refunding Escrow Agreement; and (d) The Trustee shall transfer the amount of $�.,._..___, being the remaining amount of proceeds of the Bonds, to the Agency for deposit in the Redevelopment Fund. [In addition, the Trustee shall credit the Reserve Account Surety Bond to the Reserve Account.] Section 3.03. Bond Proceeds Fund, Costs of Issuance Account. There is hereby established a separate fund to be known as the "Bond Proceeds Fund ", which shall be held by the Trustee in trust, and within such Fund there shall be established a separate Costs of Issuance Account. The moneys in the Costs of Issuance Account shall be used and withdrawn by the Trustee from time to time to pay the Costs of Issuance upon submission of a Written Request of the Agency stating the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against said Cost of Issuance Account. On the date which is six (6) months following the Closing Date, or upon the earlier Written Request of the Agency, all amounts (if any) remaining in the Costs of Issuance Account shall be withdrawn therefrom by the Trustee and transferred to the Agency for deposit in the Redevelopment Fund. Section 3.04. Redevelopment Fund. There is hereby established a separate fund known as the "Merged Redevelopment Project Redevelopment Fund" (the "Redevelopment Fund "), which the Agency hereby covenants and agrees to cause to be maintained and which shall be held in trust by the Agency. The moneys in the Redevelopment Fund shall be used in the manner provided by the Law solely for the purpose of aiding in financing the Redevelopment -24- Project, including payment of any remaining unpaid Costs of Issuance. The Agency shall pay moneys from the Redevelopment Fund upon receipt of claims thereon_ The Agency has warranted that no funds on deposit in the Redevelopment Fund shall be applied for any purpose not authorized by the Law. Section 3.05. Issuance of Parity Debt. In addition to the Bonds, the Agency may, by Supplemental Indenture, issue or incur Parity Debt payable from Tax Revenues on a parity with the Bonds to finance the Project in such principal amount as shall be determined by the Agency. The Agency may issue or incur any such other Parity Debt subject to the following specific conditions all of which are hereby made conditions precedent to the issuance and delivery of such Parity Debt issued under this Section: (a) The Agency shall be in compliance with all covenants set forth in this Indenture and all Supplemental Indentures; (b) The Tax Revenues estimated to be received for the then current Fiscal Year based on the most recent assessed valuation of property in' the Project Area as evidenced in written documentation from an appropriate official of the County, shall be at least equal to 125° of Maximum Annual Debt Service on all Bonds and Parity Debt which will be Outstanding immediately following the issuance of such Parity Debt; (c) The Supplemental Indenture providing for the issuance of such Parity Debt under this Section 3.05 shall provide that interest thereon shall be payable on March 1 and September 1, and principal thereof shall be payable on September 1 in any year in which principal is payable; (d)Money shall be deposited in the Reserve Account from the proceeds of the sale of said Parity Debi (or from other available funds of the Agency) in an amount necessary to increase the amount in the Reserve Account to the Reserve Requirement for the Bonds, taking into account the issuance of the Parity Debt, and the Supplemental Indenture providing for the issuance of such Parity Debi may provide for the establishment of separate funds and accounts, including a separate Reserve Account (e) The aggregate amount of the principal of and interest on all Outstanding Bonds and Subordinate Debt coming due and payable following the issuance of such Parity Debt shall not exceed the maximum amount of Tax Revenues permitted under the Plan Limitations to be allocated and paid to the Agency following the issuance of such Parity Debt; and (f) The Agency shall deliver to the Trustee a Written Certificate of the Agency certifying that the conditions precedent to the issuance of such Parity Debt set forth in subsections (a), (b), (c), and (e) of this Section 3.05 above have been satisfied and that an amount equal to the Reserve Requirement is on deposit in the Reserve Account as of the delivery of such Parity Debt. Section 3.06. Issuance of Subordinate Debt. In addition to the Bonds, the Agency may incur Subordinate Debt in such principal amount as shall be determined by the Agency. The -25- Agency may issue or incur such Subordinate Debt subject to the following specific conditions precedent: (a) The Agency shall be in compliance with all covenants set forth in this Indenture and all Supplemental Indentures; (b) If, and to the extent, such Subordinate Debt is payable from Tax Revenues within the Plan Limitations, then all Outstanding Bonds and all Subordinate Debt coming due and payable following the issuance of such Subordinate Debt shall not exceed the maximum amount of Tax Revenues permitted under the Plan Limit to be allocated and paid to the Agency following the issuance of such Subordinate Debt. (c) Except with respect to any Subordinate Debt issued and delivered on the Closing Date, the Agency shall deliver to the Trustee a Written Certificate of the Agency certifying that the conditions precedent to the issuance of such Subordinate Debt set forth in subsections (a) and (b) of this Section 3.06 have been satisfied. Section 3.07. Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the completion of the Redevelopment Project or upon the performance by any person of his obligation with respect to the Redevelopment Project. -26- ARTICLE IV SECURITY OF BONDS, FLOW OF FUNDS Section 4.01. Security of Bonds; Equal Security. Except as provided in Section 6.06, the Bonds shall be equally secured by a first pledge of, security interest in, and lien on all of the Tax Revenues and a first and exclusive pledge'of and lien upon all of the moneys in the Special Fund, the Interest Account, the Principal Account, the Sinking Account, the Reserve Account and the Redemption Account without preference or priority for series, issue, number, dated date, sale date, date of execution or date of delivery. Except for the Tax Revenues and such moneys, no funds or properties of the Agency shall be pledged to, or otherwise liable for, the payment of principal of or interest or redemption premium (if any) on the Bonds. In consideration of the acceptance of the Bonds by those who shall hold the same from time to time, this Indenture shall be deemed to be and shall constitute a contract between the Agency and the Owners from time to time of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of the Agency shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason. of the number or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. Section 4.02. Special Fund; Deposit of Tax Revenues. There is hereby established a special fund to be known as the "Special Fund ", which shall be held by the Agency. The Agency shall deposit all of the Tax Revenues received in any Bond Year in the Special Fund promptly upon receipt thereof by the Agency, until such time during such Bond Year as the amounts on depositin the Special Fund equal the aggregate amounts required to be transferred to the Trustee for deposit into the Interest Account, the Principal Account, the Sinking Account, the Reserve Account and the Redemption Account in such Bond Year pursuant to Section 4.03 and for deposit in such Bond Year in the funds and accounts established with respect to Parity Debt, as provided in any Supplemental Indenture. All Tax Revenues received by the Agency during any Bond Year in excess of the amount required to be deposited in the Special Fund during such Bond Year pursuant to the preceding paragraph of this Section 4.02 shall be released from the pledge and lien hereunder for the security of the Bonds and may be applied by the Agency for any lawful purposes of the Agency, including but not limited to the payment of Subordinate Debt, or the payment of any amounts due and owing to the United States of America pursuant to Section 5.12. Prior to the payment in full of the principal of and interest and redemption premium (if any) on the Bonds and the payment in full of all other amounts payable hereunder and under any Supplemental Indentures, the Agency shall not have any beneficial right or interest in the moneys on deposit in the Special Fund, except as may be provided in this Indenture and in any Supplemental Indenture. Section 4.03. Deposit of Amounts by Trustee. There is hereby established a trust fund to be known as the "Debt Service Fund ", which shall be held by the Trustee hereunder in trust. Moneys in the Special Fund shall be transferred by the Agency in the following amounts, at the following times, for deposit by the Trustee in the following respective accounts within the Debt -27- Service Fund, which are hereby established with the Trustee, and in the following order of priority: (a) Interest Account. On or before the fifth (5th) Business Day preceding each Interest Payment Date, the Agency shall withdraw from the Special Fund and transfer to the Trustee for deposit in the Interest Account an amount which when added to the amount contained in the Interest Account on that date, will be equal to the aggregate amount of the interest becoming due and payable on the Outstanding Bonds on such Interest Payment Date. No such transfer and deposit need be made to the Interest Account if the amount contained therein is at least equal to the interest to become due on the next succeeding Interest Payment Date upon all of the Outstanding Bonds. All moneys in the Interest Account shall be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed prior to maturity pursuant to this Indenture). (b) Principal Account. On or before the fifth (5th) Business Day preceding September 1. in each year in which principal of the Bonds is due and payable, the Agency shall withdraw from the Special Fund and transfer to the Trustee for deposit in the Principal. Account an amount which, when added to the amount then contained in the Principal Account, will be equal to the principal becoming due and payable on the Outstanding Serial Bonds. and any maturing Term Bonds on the next. Interest Payment Date.. No such transfer and deposit need be made to the Principal Account if the amount contained therein is at least equal to the principal to become due on the next Interest Payment Date on all of the Outstanding Serial Bonds and any maturing Term Bonds. All moneys in the Principal Account shall be used and withdrawn by the Trustee solely, for the purpose of paying the principal of the Serial Bonds and maturing Term Bonds as it shall become due and payable. (c) Sinking Account. On or before the fifth (5th) the Business Day preceding each September 1 on which any Outstanding Term Bonds are subject to mandatory redemption pursuant to Section 2.03(b), the Agency shall withdraw from the Special Fund and transfer to the Trustee for deposit in the Sinking Account an amount which, when added to the amount then contained in the Sinking Account, will be equal to the aggregate principal amount of the Term Bonds required to be redeemed on such September 1 pursuant to Section 2.03(b). All moneys on deposit in the Sinking Account shall be used and withdrawn by the Trustee for the sole purpose of paying the principal of the Term Bonds as it shall become due and payable upon redemption pursuant to Section 2.03(b). (d) Reserve Account. In the event that prior to any Interest Payment Date the amount on deposit in the Reserve Account is less than the Reserve Requirement, the Trustee shall promptly notify the Agency of such fact. Promptly upon receipt of any such notice, the Agency shall withdraw from the Special Fund and transfer to the Trustee an amount sufficient to maintain the Reserve Requirement on deposit in the Reserve Account, including, with respect thereto, any amount required to be reimbursed to the Insurer pursuant to the Guaranty Agreement. If there shall then not be sufficient moneys in the Special Fund to transfer an amount sufficient to maintain -28- the Reserve Requirement on deposit in the Reserve Account, the Agency shall be obligated to continue making transfers as Tax Revenues become available in the Special Fund until there is an amount sufficient to maintain the Reserve Requirement on deposit in the Reserve Account. No such transfer and deposit need be made to the Reserve Account so long as there shall be on deposit therein a sum at least equal to the Reserve Requirement. All money in the Reserve Account shall be used and withdrawn by the Trustee solely for the purpose of making transfers to the Interest Account, the Principal Account and the Sinking Account, in such order of priority, in the event of any deficiency at any time in any of such accounts or for the retirement of all the Bonds then Outstanding, except that so long as the Agency is not in default hereunder, any amount in the Reserve account in excess of the Reserve Requirement shall be withdrawn from the Reserve. Account semiannually on or before March 1 and September 1 by the Trustee and deposited in the Interest Account. All amounts in the Reserve Account on the final Interest Payment Date shall be withdrawn from the Reserve Account and shall be transferred either (i) to the Interest Account and the Principal Account, in such order, to the extent required to make the deposits then required to be made pursuant to this Section 4.03 or, (ii) if the Agency shall have caused to be deposited in the Debt Service Fund an amount sufficient to make the deposits required by Section 4.03, then at the Written Request of the Agency to the Redevelopment Fund. The Agency shall have the right at any time to direct the Trustee to release funds from the Reserve Account, in whole or in part, by tendering to the Trustee: (i) a Qualified Reserve Account Credit Instrument, and (ii) an opinion of Bond Counsel stating that neither the release of such funds nor the acceptance of such Qualified Reserve Account Credit Instrumennt will cause interest on the Bonds to become includable in gross income for purposes of federal income taxation. Upon. tender .bf such items to the Trustee, and upon delivery by the Agency to the Trustee of written calculation of the amount permitted to be released from the Reserve Account (upon which calculation the Trustee may conclusively rely), the Trustee shall transfer such funds from the Reserve Account to the Agency to be deposited in the Redevelopment Fund and used for the purposes thereof. The Trustee shall comply with all documentation relating to a Qualified Reserve Account Credit Instrument as shall be required to maintain such Qualified Reserve Account Credit Instrument in full force, and effect and as shall be required to receive payments thereunder in the event and to. the extent required to make any payment when and as required under this subsection (d). Upon the expiration of any Qualified Reserve Account Credit Instrument, the Agency shall either (i) replace such Qualified Reserve Account Credit Instrument with a new Qualified Reserve Account Credit Instrument, or (ii) deposit or cause to be deposited with the Trustee an amount of funds equal to the Reserve Requirement, to be derived from the first available Tax Revenues. If the Reserve Requirement is being maintained partially in cash and partially with a Qualified Reserve Account Credit Instrument, the cash shall be first used to meet any deficiency. If the Reserve Requirement is being maintained with two or more Qualified Reserve Account Credit Instruments, any draw to meet a deficiency shall be pro -rata with respect to each such instrument. -29- [The Reserve Requirement shall be represented in part by credit on the Closing Date to the Reserve Account of the Reserve Account Surety Bond. Pursuant to the terms and conditions of the Reserve Account Surety Bond, the Trustee shall deliver to the Insurer a demand for payment under the Reserve Account Surety Bond in the required form at least three (3) days prior to the date on which funds are required for the purposes set forth in this subsection (d). It shall be the responsibility of the Trustee to maintain adequate records, verified with the Insurer as to the amount available to be drawn at any time under the Reserve Account Surety Bond and as to the amounts paid and owing to the Insurer under the terms of the Guaranty Agreement. Amounts owing to the Insurer under the terms of the Guaranty Agreement shall be secured by a pledge of, security interest in and lien on the Tax Revenues, subject in all respects to the prior pledge, security interest and lien in favor of the Bonds.] The Reserve Account may be maintained in the form of one or more separate sub- accounts which are established for the purpose of holding the proceeds of separate issues of the Bonds and any Parity Debt in conformity with applicable provisions of the Code to the extent directed by the Agency in writing to the Trustee. (e) Su� rplus. The Agency shall not be required to deposit in the Special Fund in any Bond Year an amount of Tax Revenues which, together with other available amounts in the Special Fund, exceeds the amounts required to be transferred to the Trustee from the Special Fund with respect to such Bond Year pursuant to this Section 4.03. In the event that, for any reason whatsoever, any amount shall remain on deposit in the Special Fund on the last day of any Bond Year (being the applicable September 1) after making all of the transfers from the Special Fund with respect to such Bond Year theretofore required to be made pursuant to this Section 4.03 the Agency may withdraw such amount from the Special Fund to be used for any lawful purpose of the Agency. ' ` (f) Redemption Account_. On or before the fifth (5th) Business Day preceding any redemption date on which Bonds are to be redeemed pursuant to Section 2.03(a), the Agency shall withdraw from the Special Fund and transfer to the Trustee for deposit in the Redemption Account an amount required to pay the principal of and premium, if any, on the Bonds to be redeemed on such redemption date pursuant to Section 2.03(x). All moneys in the Redemption Account shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of and premium, if any, on the Bonds to be redeemed pursuant to Sections 2,03(a) on the. date set for such redemption. Section 4.04. Payments by the Insurer; Other Provisions Applicable to the Insurer of Principal of and Interest on the Bonds; Other Provisions Applicable to Insurer. The following provisions apply to payments by the Insurer of principal of and interest on the Bonds: [To Come] (e) Payments with respect to claims for interest on and principal of Bonds disbursed by the Trustee from proceeds of the Insurance Policy shall not be considered to discharge the obligation of the Agency with respect to such Bonds, and the Insurer shall become the owner of -30- such unpaid Bond, and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. (f) Irrespective of whether any such assignment is executed and delivered, the Agency and the Trustee hereby agree for the benefit of the Insurer that, (i) They recognize that to the extent the Insurer makes payments, directly or indirectly (as by paying through the Trustee), on account of principal of or interest on the Bonds, the Insurer will be subrogated to the rights of such Bond Owners to receive the amount of such principal and interest from the Agency, with interest thereon as provided and solely from the sources stated in this Indenture and the Bonds; and (ii) They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Insurance Policy, which principal and interest shall be deemed past due and not to have been paid)with interest thereon as provided in this Indenture and the Bond, but only from the sources and in the manner provided therein for the payment of principal of and interest on the Bonds to Bond Owners, and will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest. -31- ARTICLE V OTHER COVENANTS OF THE AGENCY Section 5.01. Punctual Payment. The Agency shall punctually pay or cause to be paid the principal and interest to become due in respect of all the Bonds together with the premium thereon, if any, in strict conformity with the terms of the Bonds and of this Indenture. The Agency shall faithfully observe and perform all of the conditions, covenants and requirements of this Indenture and all Supplemental Indentures and the Bonds. Nothing herein contained shall prevent the Agency from making advances of its own moneys howsoever derived to any of the uses or purposes referred to herein. Section 5.02. Limitation on Additional Indebtedness; Against Encumbrances. The Agency hereby covenants that, so long as the Bonds are Outstanding; the Agency shall not issue any bonds, notes or other obligations, enter into any agreement or otherwise incur any indebtedness, which is in any case payable from all or any part of the Tax Revenues, excepting only the Bonds, any Parity Debt and any Subordinate Debt, and the Agency will not otherwise encumber, pledge or place any charge or lien upon any of the Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created in the Indenture for the benefit of the Bonds. Any Tax Sharing Agreements amended. by the Agency after the date of this Indenture will provide that payment of any additional amounts thereunder will be subordinate to the pledge in this Indenture of Tax Revenues or other amounts pledged to the payment of the Bonds. Section 5.03. Extension of Payment. The Agency-win not, directly or indirectly, extend or consent to the extension of the time for the payment of any Bond or claim for interest on any of the Bonds and will not, directly or indirectly, be a party to or approve any such arrangemeft by purchasing or funding the Bonds or claims for interest in any other manner. In case the maturity of any such Bond or claim for interest shall be extended or funded, whether or not with the consent of the Agency, such Bond or claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Indenture, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. Section 5.04. Payment of Claims. The Agency shall promptly pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid, might become alien or charge upon the properties owned by the Agency or upon the Tax Revenues or any part thereof, or upon any funds in the hands of the Trustee, or which might impair the security of the Bonds. Nothing herein contained shall require the Agency to make any such payment so long as the Agency in good faith shall contest the validity of said claims. Section 5.05. Books and Accounts; Financial Statements; Annual Calculation of Available Tax Revenues. The Agency shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Agency and the City of Buena Park, in which complete and correct entries shall be made of all transactions relating to the Redevelopment Project, the Tax Revenues and the Special Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection ,of the Insurer and -32- the Owners of not less than ten percent (10 %) in aggregate principal amount of the Bonds then Outstanding, or their representatives authorized in writing. The Agency shall promptly provide or cause to be provided to the Insurer such financial, statistical and other factual information as Insurer shall from time to time reasonably request in writing. Insurer shall pay any costs of the Agency to produce any such information, other than the cost of providing annual financial statements. The Agency will cause to be prepared and filed with the Trustee annually, within one hundred and eighty (180) days after the close of each Fiscal Year so long as the Bonds are Outstanding, complete audited financial statements with respect to such Fiscal Year showing the Tax Revenues, all disbursements of Tax Revenues and the financial condition of the Redevelopment Project, including the balances in all funds and accounts relating to the Redevelopment Project, as of the end of such Fiscal Year, which financial statements shall. be accompanied by a Written Certificate of the Agency and a written certificate or opinion of an Independent Accountant stating that the Agency is in compliance with its obligations hereunder. The Agency shall furnish a copy of such statements to the Insurer and to any Owner upon reasonable request and at the expense of such Owner. Section 5.06. Protection of Security and Rights of Owners. The Agency will preserve and protect the security of the Bonds and the rights of the Owners. From and after the Closing Date, the Bonds shall be incontestable by the Agency. Section 5.07. Payments of Taxes and Other Charges. Except as otherwise provided herein, the Agency will pay and discharge, or cause to be paid and discharged, all taxes, service charges, assessments and other governmental charges which may hereafter be lawfully imposed upon the Agency or the properties then owned by the Agency in the Project Area, br upon the revenues therefrom when the same shall become due. Nothing herein contained shall require the Agency to make any such payment so long as the Agency in good faith shall contest the validity of said taxes, assessments or charges. The Agency will duly observe and conform with all valid requirements of any governmental authority relative to the Redevelopment Project or any part thereof. Section 5.08. Taxation of Leased Property. All amounts derived by the Agency pursuant to Section 33673 of the Law with respect to the lease of property for redevelopment shall be treated as Tax Revenues for all purposes of this Indenture. Section 5.09. Disposition of Property. The Agency will not participate in the disposition of any land or real property in the Project Area to anyone which will result in such property becoming exempt from taxation because of public ownership or use or otherwise (except property dedicated for public right -of -way and except property planned for public ownership or use by the Redevelopment Plan in effect on the date of this Indenture) so that such disposition shall, when taken together with other such dispositions, aggregate more than 10 percent of the land area or more than 10 percent of the most recent assessed valuation of the property in the Project Area unless such disposition is permitted as hereinafter provided in this Section 5.09. If the Agency proposes to participate in such a disposition, it shall thereupon appoint an Independent Redevelopment Consultant to report on the effect of said proposed disposition. If the Report of the Independent Redevelopment Consultant concludes that the -33- security of the Bonds or the rights of the Owners will not be materially impaired by said proposed disposition, the Agency may thereafter make such disposition. If said Report concludes that such security will be materially impaired by said proposed disposition, the Agency shall disapprove said proposed disposition. Section 5.10. Maintenance of Tax Revenues. The Agency shall comply with all requirements of the Law to insure the allocation and payment to it of the Tax Revenues, including, without limitation, the timely filing of any necessary statements of indebtedness with appropriate officials of the County and, in the case of amounts payable by the State, appropriate officials of the State. Section 5.11. No Arbitrage. The Agency shall not take, or permit to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Bonds which, if such.action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. Section 5.12. Rebate Requirement. The Agency shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investments earnings, if any, to the federal government. Section 5.13. Private Activity Bond Limitation. The Agency shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of section 141(b) of the Code. Section, 5.14. Private Loan Financing Limitation. The Agency shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private loan financing test of section 141(c) of the Code. Section 5.15. Federal Guarantee Prohibition. The Agency shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code. Section 5.16. Compliance with the Code. The Agency shall take any and all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. Section 5.17. Compliance with the Law; Low and Moderate Income Housing Fund. The Agency shall ensure that all activities undertaken by the Agency with respect to the redevelopment of the Project Area are undertaken and accomplished in conformity with all applicable requirements of the Redevelopment Plan and the Law. Without limiting the generality, of the foregoing, the Agency covenants that it shall deposit or cause to be deposited in the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Law, all amounts when, as and if required to be deposited .therein pursuant to the Law and shall expend amounts deposited in the Low and Moderate Income Housing Fund, including, without limitation, proceeds of any Parity Debt deposited therein, solely in accordance with Section 33334.2 of the Law. -34- Section 5.18. Management and Operation of Properties. The Agency will manage and operate all properties owned by the Agency and comprising any part of the Redevelopment Project, in a. sound and businesslike manner, and will keep such properties insured at all times in conformity with sound business practice. Section 5.19. Continuing Disclosure. The Agency hereby covenants and agrees that it will comply with and carry out all of the. provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Indenture, failure of the Agency to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default;. however, any Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Agency to comply with its obligations under this Section. 5.19. Section 5.20. Compliance With Plan Limit. The Agency shall determine at least annually the aggregate amount of Debt Service remaining to be paid on all Outstanding Bonds and the aggregate amount of Tax Revenues which the Agency is permitted to receive thereafter under the Plan Limit. The Agency shall annually provide the Insurer with written notice of the amounts so determined. The Agency hereby agrees that the aggregate amount of Debt Service remaining to be paid on all Outstanding Bonds shall at no time exceed ninety -five percent (95 %) of the aggregate amount of Tax Revenues which the Agency is permitted to receive under the Plan Limit. In the event that the aggregate amount of Debt Service remaining to be paid on all Outstanding Bonds at any time equals or exceeds ninety -five percent (95 %) of the aggregate amount of Tax Revenues which the Agency is permitted to receive under the Plan Limit, all Tax Revenues thereafter received by the Agency shall immediately be deposited by the Agency in the Special Fund to be applied for the sole purpose of paying the principal of and interest on the Bonds and -any other Outstanding Parity Debt prior to maturity or as 'it comes due and payable, notwithstanding anything in this Indenture to the contrary. Section 5.21. Small issuer Exemption from Bank Nondeductibility Restriction. The Agency hereby designates the Bonds for purposes of Paragraph (3) of Section 265(6) of the Tax Code and the Agency herein covenants that the Bonds do not constitute private activity bonds as defined in Section 141 of the Tax Code and that the aggregate face amount of all tax - exempt obligations issued by the Agency during the calendar year 2000 will not exceed $10,00,000, excluding, however, private activity bonds, as defined in Section 141 of the Tax Code (other than qualified 501(c)(3) bonds as defined in Section 145 of the Tax Code) and current refunding obligations having a principal amount not in excess of the refunded obligation. Section 5.22. Further Assurances. The Agency will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Indenture. -35- ARTICLE VI THE TRUSTEE Section 6.01. Duties, Immunities and Liabilities of Trustee. (a) The Trustee shall, prior to the occurrence of an Event of Default, and after the curing of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture and no implied covenants shall be read into this Indenture against the Trustee. The Trustee shall, during the existence of any Event of Default (which has not been cured), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. . (b) The Agency may remove the Trustee at any time, unless an Event of Default shall have occurred and then be continuing, and shall remove the Trustee (i) if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or (ii) if at any time the Agency has knowledge that the Trustee shall cease to be eligible in accordance with subsection (e) of this Section, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation. In each case such removal shall be accomplished by the giving of written notice of such removal by the Agency to the Trustee, whereupon the Agency shall appoint a successor Trustee by an instrument in writing. (c) The Trustee may at any time resign by giving written notice of such resignation to the Agency and by giving the Owners notice of such resignation by first class mail, postage prepaid, at their respective addresses shown on. the Registration Books. Upon receiving such notice of resignation, the Agency shall promptly appoint a successor Trustee by an instrument in writing. (d) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective upon acceptance of appointment by the successor Trustee. If no successor Trustee shall have been appointed and have accepted appointment within forty -five (45) days of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or any Owner (on behalf of such Owner and all other Owners) may petition any court of competent jurisdiction at the expense of the Agency for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing and delivering to the Agency and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such -36- predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the Written Request of the Agency or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest. of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the Agency shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the Agency shall mail a notice of the succession of such Trustee to the trusts hereunder to each rating agency which then has a current rating on the Bonds and to the Owners at their respective addresses shown on the Registration Books. If the Agency fails to mail such notice within fifteen (15) days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the Agency. (e) Any Trustee appointed under the provisions of this Section in succession to the Trustee shall be a trust company or bank having the powers of a trust company having a trust office in the State, having a combined capital and surplus of at least $75,000,000, and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (e), the Trustee shall resign immediately in the manner and with the effect specified in this Section. Section. 6.02. Merger or Consolidation. Any bank or trust company into which the Trustee may be merged or converted or with which either of them may be consolidated or any bank or trust company resulting from any merger, conversion or consolidation to which it shall be a party or any bank or trust company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such bank or trust company shall be eligible under subsection (e) of Section 6.01, shall be the successor to such. Trustee without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. Section 6.03. Liability of Trustee. (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the Agency, and the Trustee shall not assume responsibility for the correctness of the same, nor make any representations as to the validity or sufficiency of this Indenture or of the Bonds nor shall incur any responsibility in respect thereof, other than as expressly stated herein. The Trustee shall, however, be responsible for its -37- representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or intentional misconduct. The Trustee shall not be liable for the acts of any agents of the Trustee selected by it with due care. The Trustee may become the Owner of any Bonds with the same rights it would have if they were not Trustee and, to the extent permitted by law, may act as depositary for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners, whether or not such committee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. (b) The Trustee shall not be liable for any error of judgment made in good faith by a responsible employee, officer, unless the Trustee shall have been negligent in ascertaining the pertinent facts. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding relating to the tithe, method and place of conducting any proceeding for any remedy available to the Trustee,. or exercising any trust or power conferred upon the Trustee under this Indenture. (d) The Trustee shall not be liable for any action taken by it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture, except for actions arising from the negligence or intentional . misconduct of the Trustee. The permissive right of the Trustee to do things enumerated hereunder shall not be construed as a mandatory duty. (e) The Trustee shall not be deemed to have knowledge of any Event of Default hereunder unless and until it shall have actual knowledge thereof, or shall have received written notice thereof at its Trust Office. Except as otherwise expressly provided herein, the Trustee shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or of any of the documents executed in connection with the Bonds, or as to the existence of an Event of Default thereunder. The Trustee shall not be responsible for the validity or effectiveness of any collateral given to or held by it. Without limiting the generality of the foregoing, the Trustee shall not be responsible for reviewing the contents of any financial statements furnished to the Trustee pursuant to Section 5.05 and may rely conclusively on the certificates accompanying such financial statements to establish the Agency's compliance with its financial covenants hereunder, including, without limitation, its covenants regarding the deposit of Tax Revenues into the Special Fund and the investment and application of moneys on deposit in the Special Fund (other than its covenants to transfer such moneys to the Trustee when due hereunder). No provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is now reasonably assured to it. -38- The Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys or receivers and the Trustee shall not be responsible for any misconduct or negligence on the part of any agent, attorney or receiver appointed with due care by it hereunder. Section 6.04. Right to Rely on Documents. The Trustee shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, opinion or other paper or document believed by it to be genuine and to have been signed or prescribed by the proper party or parties, in the absence of negligence or intentional misconduct by the Trustee. The Trustee may consult with counsel, including, without limitation, counsel of or to the Agency, with regard to legal questions, and, in the absence of negligence or intentional misconduct by the Trustee, the .opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustee hereunder in accordance therewith. The Trustee shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto is established to the satisfaction of the Trustee. Whenever in the administration of the trusts imposed upon it by this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Written Certificate of the Agency, which shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance .upon such Written Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as. to it may deem reasonable. The::: ;. Trustee may conclusively rely on any certificate or report of any Independent Accountant or Independent Redevelopment Consultant appointed by the Agency. Section 6.05. Preservation and Inspection of Documents. All documents received by the Trustee under the provisions of this Indenture shall be retained in its possession and shall be subject at all reasonable times upon reasonable notice to the inspection of the Agency and any Owner, and their agents and representatives duly authorized in writing, during regular business hours and under reasonable conditions. Section 6.06. Compensation and Indemnification. The Agency shall pay to the Trustee from time to time reasonable compensation for all services rendered under this Indenture in accordance with the letter proposal from the Trustee approved by the Agency and also all reasonable expenses, charges, legal and consulting fees and other disbursements and those of its attorneys, agents and employees, incurred in and about the performance of its powers and duties under this Indenture. Upon the occurrence of an Event of Default, the Trustee shall have a first lien on the Tax Revenues and all funds and accounts held by the Trustee hereunder to secure the payment to the Trustee of all fees, costs and expenses, including reasonable compensation to its experts, attorneys and counsel incurred in declaring such Event of Default and in exercising the rights and remedies set forth in Article VIII hereof. -39- The Agency further covenants and agrees to indemnify and save the Trustee and its officers, directors, agents and employees, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise and performance of its powers and duties hereunder, including the costs and expenses of defending against any claim of liability, but excluding any and all losses, expenses and liabilities which are due to the negligence or intentional misconduct of the Trustee, its officers, directors, agents or employees. The obligations of the Agency and the rights of the Trustee under this Section 6.06 shall survive resignation or removal of the Trustee under this Indenture and payment of the Bonds and discharge of this Indenture. Section 6.07. Deposit and Investment of Moneys in Funds. Moneys in the Debt Service fund, the Interest Account, the Principal Account, the Sinking Account, the Reserve Account, the Redemption Account and the Costs of Issuance Account shall be invested by the Trustee in Permitted Investments specified in the Written Request of the Agency filed with the Trustee at least two (2) Business Days in advance of the making of such investments, except that moneys in the Reserve Account shall not be invested in Permitted Investments having a maturity of more than five (5) years, unless such Permitted Investment'is described in clause (g) of the definition thereof. In the absence of any such Written Request of the Agency, the Trustee shall to the extent practicable invest any such moneys in Permitted Investments described in clause (d) of the definition thereof and selected by the Trustee, which by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Moneys in the Redevelopment Fund and the Special Fund may be invested by the Agency in any obligations in which the Agency is legally authorized to invest its funds. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account. Whenever in this Indenture any moneys are required to be transferred by the Agency to the Trustee, such transfer may be accomplished by transferring a like amount of Permitted Investments. Subject in all respects to the provisions of Section 5.16 hereof, all interest or gam derived from the investment of amounts in any of the funds or accounts held by the Trustee hereunder shall be deposited in the Interest Account; provided, however, that (i) all interest or gain from the investment of amounts in the Costs of Issuance Account shall be retained in the Costs of Issuance Account and (ii) all interest or gain from the investment of amounts in the Interest Account shall be retained in the Interest Account and (iii) all interest or gain from the investment of amounts in the Reserve Account shall be deposited by the Trustee in the Interest Account, to the extent not required to cause the balance in the Reserve Account to equal the Reserve Requirement. For purposes of acquiring any investments hereunder, the Trustee at its sole discretion may commingle funds held by it hereunder. The Trustee or an affiliate may act as principal or agent in the acquisition or disposition of any investment and may impose its customary charges therefor. The Trustee shall incur no liability for losses arising from any investments made pursuant to this Section. For purposes of determining the amount on deposit in any fund or account held hereunder, all Permitted Investments credited to such fund or account shall be valued at the cost thereof (excluding accrued interest and brokerage commissions, if any), Notwithstanding the foregoing sentence, however, in the event the Agency shall tender any Permitted Investment to the Trustee as and for any payment required to be made hereunder, such Permitted Investment shall be valued at the lesser of the cost thereof (excluding accrued interest and brokerage commissions, if any), the par amount thereof or the market value thereof. -40- The Agency covenants .that all investments of amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Indenture or the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Account shall be valued by the Agency of their present value (within the meaning of section 148 of the Code). Section 6.08. Accounting Records and Financial Statements. The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with industry standards, in which complete and accurate entries shall be made of all transactions relating to the proceeds of the Bonds made by it and all funds and accounts held by the Trustee established pursuant to this Indenture. Such books of record and account shall be available for inspection by the Agency at reasonable hours and under reasonable circumstances. The Trustee shall furnish to the Agency, at least monthly, an accounting of all transactions in the for of its customary statements relating to the proceeds of the Bonds and all funds and accounts held by the Trustee pursuant to this Indenture. The Agency covenants that all investments of amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of the Bonds (within the meaning of .section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Indenture or the Code) at Fair Market' Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Account shall be valued by the Agency at their present value (within the meaning of section 148 of the Code). Section 6.09. Appointment of Co- Trustee or Agent. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including particularly the law of the State) denying or restricting the right of banking corporations or associations to transact business as Trustee in such jurisdiction. It is recognized that in the case of litigation under this .Indenture, and in particular in case of the enforcement of the rights of the Trustee on default, or in the case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein granted to the Trustee or hold title to the properties, in trust, as herein granted, or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or institution as a separate co- trustee. The following provisions of this Section 6.09 are adopted to these ends. In the event that the Trustee appoints an additional individual or institution as a separate or co- trustee, each and every remedy, power, right, claim, demand, cause of action, -41- immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable.by and vest in such separate or co- trustee but only to the extent necessary to enable such separate or co- trustee to exercise such powers, rights and remedies, and every covenant and obligation necessary to the exercise thereof by such separate or co- trustee shall run to and be enforceable by either of them. Should any instrument in writing from the Agency be required by the separate trustee or co- trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Agency... In case any separate trustee or co- trustee, or a successor to either, shall become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate trustee or co- trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such separate trustee or co- trustee. In addition to the appointment of a co- trustee hereunder, the Trustee may, at the expense 'arid with the prior written consent of the Agency, appoint any agent of the Trustee in New York, New York, for the purpose of administering the transfers or exchanges of Bonds or for the performance of any other responsibilities of the Trustee hereunder. -42- ARTICLE VII MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 7.01. Amendment With Consent of Owners. This Indenture and the rights and obligations of the Agency and of the Owners may be modified or amended at any time by a Supplemental .Indenture which shall become binding upon adoption, with the consent of the Insurer, but without the consent of any Owners, to the extent permitted by law and only for any one or more of the following purposes - (a) to add to the covenants and agreements of the Agency in this Indenture contained, other covenants and agreements thereafter to be observed, or to limit or surrender any rights or power herein reserved to or conferred upon the Agency; or (b) to make such provisions for the purpose of curing'any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in any other respect whatsoever as the Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments shall not materially adversely affect the interests of the Owners; or (c) to provide for the issuance of Parity Debt pursuant to Section .3.05, and to provide the terms and- conditions under which such Parity Debt may be issued, including, but not limited to, the establishment of special funds and accounts relating thereto and any other provisions relating solely thereto, subject to and in accordance with the provisions of Section 3.05; or (d) to amend any provision hereof relating to the requirements of or compliance with the Code, to any extent whatsoever but only if and to the extent such amendment will not adversely affect the exemption from federal income taxation of interest on any of the Bonds, in the opinion of nationally recognized bond counsel; or (e) to comply with the requirements of the provider of any Qualified Reserve Account Credit Instrument. Except as set forth in the preceding paragraph, this Indenture and the rights and obligations of the Agency and of the Owners may be modified or amended at any time by a Supplemental Indenture which shall become binding when the. written consent of the Insurer or, with the prior written consent of the Insurer, with the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding are filed with the Trustee. No such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Agency to pay the principal, interest or redemption premiums (if any) at the time and place and at the rate and in the currency provided therein of any Bond without the express written consent of the Owner of such Bond, (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification, or (c) without its written consent thereto, modify any of the rights or obligations of the Trustee. -43- Section 7.02. Effect of Supplemental Indenture. From and after the time any Supplemental Indenture becomes effective pursuant to this Article VII, this Indenture shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations of the parties hereto or thereto and all Owners, as the case may be, shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes. Section 7.03. Endorsement or Replacement of Bonds After Amendment. After the effective date of any amendment or modification hereof pursuant to this Article VII, the Agency may determine that any or all of the Bonds shall bear a notation, by endorsement in form approved by the Agency, as to such amendment or modification and in that case upon demand of the Agency the Owners of such Bonds shall present such Bonds for that purpose at the Trust Office of the Trustee, and thereupon a suitable notation as to such action shall be made on such Bonds. In lieu of such notation, the Agency may determine that new Bonds shall be prepared at the expense of the Agency and executed in exchange for any or all of the Bonds, and in that case, upon demand of the Agency, the Owners of the Bonds shall present such Bonds for exchange at the Trust Office of the Trustee, without cost to such Owners. Section 7.04. Amendment by Mutual Consent. The provisions of this Article VII shall not prevent any Owner from accepting any amendment as to the particular Bond held by such Owner, .provided that due notation thereof is made on such Bond Section. 7.05. Transcript of Proceedings to the Insurer. The Authority shall provide or cause to be provided to the Insurer a full transcript of proceedings relating to any Supplemental Indenture. r Section 7.06. Copy of Supplemental Indenture to S &P. The Authority shall provide a copy of any Supplemental Indenture to S &P. -44- ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF OWNERS Section 8.01. Events of Default and Acceleration of Maturities. The following events shall constitute Events of Default hereunder: (a) if default shall be made in the due and punctual payment of the principal of or interest or redemption premium (if any) on any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (b) if default shall be made by the Agency in the observance of any of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained, other than a default described in the preceding clause (a), and such default shall have continued for a period of thirty (30) days following receipt by the Agency of written notice from the Trustee, the Insurer or any Owner of the occurrence of such default; or (c) if the Agency shall commence a voluntary action under Title 11 of the United States Code or any substitute or successor statute. If an Event of Default has occurred and is continuing, the Trustee shall, if requested in writing by the Insurer or (with the prior written consent of the Insurer) by the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, (a) declare the principal of the Bonds, together with the accrued interest thereon, to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable, anything in this Indenture or in the Bonds to the contrary notwithstanding, and (b) exercise any other remedies available to the Trustee and the Owners in law or at equity: Promptly upon receiving actual knowledge of the occurrence of an Event of Default, the Trustee shall give notice of such Event of Default to the Agency by telephone confirmed in writing. Such notice shall also state whether the principal of the Bonds shall have been declared to be or have immediately become due and payable. With respect to any Event of Default described in clauses (a) or (c) above the Trustee shall, and with respect to any Event of Default described in clause (b) above the Trustee in its sole discretion may, also give such notice to the Owners by mail, which shall include the statement that interest on the Bonds shall cease to accrue from and after the date, if any, on which the Trustee shall have declared the Bonds to become due and payable pursuant to the preceding paragraph (but only to the extent that principal and any accrued, but unpaid, interest on the Bonds is actually paid on such date). This provision, however, is subject to the condition that if, at any time after the principal of the Bonds shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered, the Agency shall deposit with the Trustee a sum sufficient to pay all principal on the Bonds matured prior to such declaration and all matured installments of interest .(if any) upon all the Bonds, with interest on such overdue installments of principal and interest (to the extent permitted by law) at the net effective rate per annum of the Bonds, and the reasonable expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the payment of principal of -45- and interest on the Bonds due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding, by written notice to the Agency and to the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and. its consequences. However, no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. Section 8.02. Application. of Funds Upon Acceleration. All of the Tax Revenues and all sums in the funds and accounts established and held by the Trustee hereunder upon the date of the declaration of acceleration as provided in Section 8.01, and all sums thereafter received by the Trustee hereunder, shall be applied by the Trustee in the order following upon presentation of the several Bonds, and the stamping thereon of the payment if only partially paid, or upon the surrender thereof if fully paid: First, to the payment of the fees, costs and expenses of the Trustee in declaring such Event of Default and in exercising the rights and remedies set forth in this Article VIII, including reasonable compensation to its agents, attorneys and counsel; and Second, to the payment of the whole amount then owing and unpaid upon the Bonds for principal and interest, with interest on the overdue principal and installments of interest at the net effective rate then borne by the Outstanding Bonds (to the extent that such interest on overdue installments of principal and interest shall have been collected), and in case such moneys shall be insufficient to pay in full the whole amount so owing and unpaid upon the Bonds, then to the payment of such principal and interest without preference or priority of principal over interest, or interest over principal, or of any installment of interest over any other installment of interest, ratably to the aggregate of such principal and interest. Section 8.03. Power of Trustee to Control Proceedings. In the event that the Trustee, upon the happening of an Event of Default, shall have taken any action, by judicial proceedings or otherwise, pursuant tp its duties hereunder, whether upon its own discretion or upon the request of the Owners of a majority in principal amount of the Bonds then Outstanding, it shall have full power, in the exercise of its discretion for the best interests of the Owners of the Bonds, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such action; provided, however, that the Trustee shall not, unless there no longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the time there has been filed with. it a written request signed by the Owners of a majority in principal amount of the Outstanding Bonds hereunder opposing such discontinuance, withdrawal, compromise, settlement or other disposal of such litigation. Section. 8.04. Limitation on Owner's Right to Sue. No Owner of any Bond issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such Owner shall have previously, given to the Trustee written notice of the occurrence of an Event of Default- (b) the Owners of a majority in aggregate principal amount of all the Bonds then Outstanding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute -46- such action, suit or proceeding in its own name; (c) said Owners shall have tendered to the Trustee indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of any remedy hereunder; it being understood and intended that no one or more Owners shall have any right in any manner whatever by his or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all Owners of the Outstanding Bonds. The right of any Owner of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond as herein provided, shall not be impaired or affected without the written consent of such Owner, notwithstanding the foregoing provisions of this Section or any other provision of this Indenture. Section. 8.05. Non - Waiver.. Nothing in this Article VIII or in any other provision of this Indenture or in the Bonds, shall affect or impair the obligation of the Agency, which is absolute and unconditional, to pay from the Tax Revenues and other amounts pledged hereunder, the principal of and interest and redemption premium (if any) on the Bonds to the respective Owners on the respective Interest Payment Dates, as herein provided, or affect or impair the right of action, which is also absolute and unconditional, of the Owners or the Trustee to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. A waiver of any default by any Owner or the Trustee shall not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Owners and the Trustee by the Law or by this Article VIII may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners and the Trustee. If a suit, action or proceeding to enforce any right or exercise any remedy shall be abandoned or determined adversely to the Owners or the Trustee, the Agency, the Trustee and - the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. Section 8.06. Actions by Trustee as Attorney -in -Pact. Any suit, action or proceeding which any Owner shall have the right to bring to enforce any right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of all Owners similarly situated and the Trustee is hereby appointed (and the successive respective Owners by taking and holding the Bonds or Parity Debt, as applicable, shall be conclusively deemed so to have appointed it) the true and lawful attorney -in -fact of the respective Owners for the purpose of bringing any such suit, action or proceeding .and to do and perform any and all acts and things -47- for and on behalf of the respective Owners as a class or classes, as may be necessary or advisable in the opinion of the Trustee as such attorney -in-fact, provided, however, the Trustee shall have no duty or obligation to exercise any such right or remedy unless it has been indemnified to its satisfaction from any loss, liability or expense (including fees and expenses of its counsel). Section 5.07. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Law or any other law. Section 8.08. Rights of Insurer Anything in this Indenture to the contrary notwithstanding, upon the occurrence and continuation,of an Event of Default, Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted under this Indenture to the Bond Owners, or to the Trustee for the benefit of the Bond Owners, including but not limited to the right to approve all waivers of any Events of Default. The Insurer shall be recognized as the Owner for purposes of exercising all rights and privileges available to Owners and shall have the right to institute any suit, action or proceeding in law or in equity under the same terms as an Owner hereunder. The rights granted to Insurer under this Indenture shall be deemed terminated and shall not be exercisable by the Insurer during any period during which the Insurer shall be in default under the Insurance Policy. -48- ARTICLE IX MISCELLANEOUS Section 9.01. Benefits Limited to Parties. Nothing in this Indenture, expressed or implied, is intended to give to any person other than the Agency, the Trustee and the Owners, any right, remedy, claim under or by reason of this Indenture. Any covenants, stipulations, promises or agreements in this Indenture contained by and on behalf of the Agency shall be for the sole and exclusive benefit of the Trustee and the Owners. Section 9.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Indenture or any Supplemental Indenture either the Agency or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Agency or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 9.03. Discharge, of Indenture. If the Agency shall pay and discharge the indebtedness evidenced by the Bonds or any portion thereof in any one or more of the following ways: (a) by well and truly paying or causing to be paid the principal of and interest and premium (if any) on such Bonds, as and when the same become due and payable; (b) by irrevocably depositing with the Trustee or another fiduciary, in trust, at or before maturity, money which, together with the available amounts then on deposit in the funds and accounts established pursuant to this Indenture, is fully sufficient to pay such Bonds, including principal, interest and redemption premiums; (c) by irrevocably depositing with the Trustee or another fiduciary, in trust, Defeasance Obligations in such amount as an Independent Accountant shall determine will, together with the interest to accrue thereon and available moneys then on deposit in the funds and accounts established pursuant to this Indenture, be fully sufficient to pay and discharge the indebtedness evidenced by such Bonds (including principal, interest and redemption premiums) at or before maturity; or (d) . by purchasing such Bonds prior to maturity and tendering such Bonds to the Trustee for cancellation. and it such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given pursuant to Section 2.03(c) or provision satisfactory to the Trustee shall have been made for the giving of such .notice, then, at the election of the Agency, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Tax Revenues and other funds provided for in this Indenture and all other obligations of the Trustee and the Agency under this Indenture with respect to such Bonds shall cease and terminate, except only (a) the obligations of the Agency under Section 5.12, (b) the obligation of the Trustee to transfer and exchange such Bonds hereunder, (c) the obligations of the Agency under Section 6.06, and (d) the obligation of the Agency to pay or cause to be paid to the -49- Owners, from the amounts so deposited with the Trustee, all sums due thereon and to pay the Trustee all fees, expenses and costs of the Trustee. Notice of such election shall be filed with the Trustee.. In the event the Agency shall, pursuant to the foregoing provision, pay and discharge any portion or all of the Bonds then Outstanding, the Trustee shall be authorized to take such actions and execute and deliver to the Agency all such instruments as may be necessary or desirable to evidence such discharge, including, without limitation, selection by lot of Bonds of any maturity of the Bonds that the Agency has determined to pay and discharge in part. In the event the Agency shall, pursuant to the foregoing provision, pay and discharge all of the Bonds then Outstanding and if all amounts (if any) owed to the Insurer under the Guaranty Agreement have been paid in full, then any funds thereafter held by the Trustee which are not required for said purposes, shall be paid over to the Agency. Section 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Indenture may require. or permit to be executed by any Owner may be in one or more instruments of similar tenor, and shall be executed by such Owner in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The ownership of Bonds and the amount, maturity, number and date of ownership thereof shall be proved by the Registration Books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done b, the Agency or the Trustee in good faith and in accordance therewith. Section 9.05. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand., request, direction, consent or waiver under this Indenture, Bonds which are owned or held by or for the account of the Agency or the City of Buena Park (but excluding Bonds held in any employees' retirement fund) shall be disregarded and deemed not to be Outstanding for the purpose of any such determination, provided, however, that for the purpose of determining whether the Trustee shall be protected in relying on any such demand, request, direction, consent or waiver, only Bonds which the Trustee knows to be so owned or held shall be disregarded. Section 9.06. Waiver of Personal Liability. No member, officer, agent or employee of the Agency shall be individually or personally liable for the payment of the principal of or interest or any premium on the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided bylaw. Section 9.07. Destruction of Cancelled Bonds. Whenever in this Indenture provision is made for the surrender to the Trustee of any Bonds which have been paid or cancelled -50- pursuant to the provisions of this Indenture, the Trustee shall destroy such bonds and provide the Agency a certificate of destruction. The Agency shall be entitled to rely upon any statement of fact contained in any certificate with respect to the destruction of any such Bonds therein referred to. r -51- Section 9.08. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by first class, registered or certified mail, postage prepaid, or sent by facsimile, addressed as follows: If to the Agency: Baldwin Park Redevelopment Agency 14403 E. Pacific Avenue Baldwin Park, California 91706 If to the Trustee: U.S. Bank Trust National Association 550 South Hope Street, Suite 500 Los Angeles, California 90071 Attn: Corporate Trust Department If to the Insurer: [To Come] The Authority, the Trustee and the Insurer may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Any notice given to the Trustee or the Agency hereunder shall also be given to the Insurer. Section 9.09. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Indenture shall for any reason be held illegal, invalid or unenforceable. Such holding shall not affect the validity of the remaining portions of this Indenture. The Agency hereby declares that it would have adopted this Indenture and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Indenture may be held illegal, invalid or unenforceable. If, by reason of the judgment of any court, the Trustee is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Trustee hereunder shall, pending appointment of a successor Trustee in accordance with the provisions of Section 6.01 hereof, be assumed by and vest in the Treasurer of the Agency in trust for the benefit of the Owners. The Agency covenants for the direct benefit of the Owners that its Treasurer in such case shall be vested with all of the rights and powers of the Trustee hereunder, and shall assume all of the responsibilities and perform all of the duties of the Trustee hereunder, in trust for the benefit of the Bonds, pending appointment of a successor Trustee in accordance with the provisions. of Section 6.01 hereof. Section 9.10. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of the interest or premium (if any) on or principal of the Bonds which remains unclaimed for two (2) years after the date when the payments of such interest, premium and principal have become payable, if such money was held by the Trustee at such date, or for two (2) years after the date of . deposit of such money if deposited with the Trustee after the date when the interest and premium (if any) on and principal of such Bonds have become payable, shall at the Written Request of the Agency be repaid by the Trustee to the Agency as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto -52- and the Bond Owners shall look only to the Agency for the payment of the principal of and interest and redemption. premium (if any) on of such Bonds. Section 9.11. Execution in Counterparts. This Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9.12. Governing Law. This Indenture shall be construed and governed in accordance with the laws of the State. -53- IN WITNESS WHEREOF, the BALDWIN PARK REDEVELOPMENT AGENCY, has caused this Indenture to be signed in its name by its Executive Director and attested by its Secretary, and U.S. BANK TRUST NATIONAL ASSOCIATION, in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officers thereunto duly authorized, all as of the day and year first above written. Attest: Secretary BALDWIN PARK REDEVELOPMENT AGENCY Executive Director U.S. BANK TRUST NATIONAL ASSOCIATION, as Trustee f n -54- Authorized Signatory EXHIBIT A (FORM OF BOND) UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF LOS ANGELES BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 Tax Allocation Refunding Bond INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP: June 1, 2000 REGISTERED OWNER: PRINCIPAL SUM: The BALDWIN PARK REDEVELOPMENT AGENCY, a public body, corporate and politic, duly organized and existing under and by virtue of the laws of the State of California (the "Agency "), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns, on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond, unless (i) this Bond is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) this Bond is authenticated prior to an interest payment date and after the close of business on the fifteenth day of the month preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) this Bond is authenticated on or before February 15, 2001, in which event it shall bear interest from the Dated Date above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond, until payment of such Principal Sum in full, at the Interest Rate per annum above, payable semiannually on March 1 and September 1 in each year, commencing March 1, 2001, calculated on the basis of 360 -day year comprised of twelve 30 -day months. Principal hereof and premium, if any, upon early redemption hereof are payable at the corporate trust office of U.S. Bank Trust National Association, as trustee (the "Trustee "), in 5t. Paul, Minnesota, or such other place designated by the Trustee_ Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check of the Trustee mailed by first class mail to the Registered Owner hereof at the Registered Owner's address as it appears on the registration books A -1 maintained by the Trustee at the close of business on the fifteenth day of the month next preceding such interest payment date; provided however, that payment of interest may be by wire transfer to any registered owner of Bonds in the aggregate principal amount of $1,000,000 or more upon written instructions of any such registered owner filed with the Trustee for that purpose as of the close of business on the fifteenth calendar day of the month next preceding such interest payment date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS OF THIS BOND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH IN THIS PLACE. THE BONDS HAVE BEEN DESIGNATED. AS "QUALIFIED TAX - EXEMPT OBLIGATIONS" FOR PURPOSES OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986. Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ( "DTC "), to the Trustee for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF. FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Bond is not a debt of the City of Buena Park, the State of California, or any of its political subdivisions, and neither said City, said State, nor any of its political subdivisions is liable hereon, nor in any event shall this Bond be payable out of any funds or properties other than those of the Agency. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. It is hereby certified that all of the things, conditions and acts required to exist, or have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the Law and the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the Agency, does not exceed any limit prescribed by the Law or any laws of the State of California, and is .not in excess of the amount of Bonds permitted to be issued under the Indenture. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose until the Trustee's Certificate of Authentication hereon shall have been manually signed by the Trustee. A -2 IN WITNESS WHEREOF, the Baldwin Park Redevelopment Agency has caused this Bond to be executed in its name and on its behalf with the facsimile signature of its Chairman and its seal to be reproduced hereon and attested by the facsimile signature of its Secretary, all as of June 1, 2000, 1 (SEAL) ATTEST: Secretary BALDWIN PARK REDEVELOPMENT AGENCY A -3 Chairman (FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION) This is one of the Bonds described in the within-mentioned Indenture. Authentication Date: U.S. BANK TRUST NATIONAL ASSOCIATION, as Trustee al A4 Authorized Signatory (FORM OF BACK OF BOND) This Bond is one of a duly authorized issue of bonds of the Agency designated as "Baldwin Park Redevelopment Agency, Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds" (the "Bonds "), of an aggregate principal amount of Nine Million Five Hundred Thousand Dollars ($9,500,000), all of like tenor and date (except for such variation, if any, as may be required to designate varying series, numbers, maturities, interest rates, or redemption and other provisions) and all issued pursuant to the provisions of the Community Redevelopment Law, being Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code of the State of California (the "Law") and pursuant to an Indenture of Trust, dated as of June 1, 2000, entered into by and between the Agency and the Trustee (the "Indenture "), authorizing the issuance of the Bonds. Additional bonds, notes or other obligations may be issued on a parity with the Bonds, but only subject to the terms of the Indenture. Reference is hereby made to the Indenture (copies of which are on file at the office of the Agency) and all indentures supplemental thereto and to the Law for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Tax Revenues, as that term is defined in the Indenture, and the rights thereunder of the registered owners of the Bonds and the rights, duties and immunities of the Trustee and the rights and obligations of the Agency thereunder, to all of the provisions of which Indenture the Registered Owner of this Bond, by acceptance hereof, assents and agrees. The Bonds have been issued by the Agency to aid in financing and refinancing redevelopment activities within and of benefit to the Merged Redevelopment Project of the Agency (the "Project Area "), including refunding certain outstanding tax allocation bonds of the Agency, as further provided in the Indenture. The Bonds are special obligations of the Agency and this Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Indenture), are payable from, and are secured by a first pledge of and lien on the Tax Revenues derived by the Agency from the Project Area. There has been created and will be maintained by the Agency, the Special Fund (as defined in the Indenture) into which Tax Revenues shall be deposited and from which the Agency shall transfer to the Trustee moneys for payment of the principal of and the interest and redemption premium, if any, on the Bonds when due. As and to the extent set forth in the Indenture, all such Tax Revenues are exclusively and irrevocably pledged to and constitute a trust fund, in accordance with the terms hereof and the provisions of the Indenture and the Law, for the security and payment or redemption of, including any premium upon early redemption, and for the security and payment of interest on, the Bonds. In addition, the Bonds shall be additionally secured at all times by a first and exclusive pledge of and lien upon all of the moneys in the Special Fund, the Interest Account, the Principal. Account, the Sinking Account, the Reserve Account and the Redemption Account (as such terms are defined in the Indenture). Except for the Tax Revenues and such moneys, no funds or properties of the Agency shall be pledged to, or otherwise liable for, the payment of principal of or interest or redemption premium, if any, on the Bonds. The Bonds maturing on or after September 1, 20_, shall be subject to redemption as a whole or in part, as determined by the . Agency and by lot within a maturity, at the option of A -a the Agency, on any date on or after September L 20_, from any available source of funds, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed) together with accrued interest thereon to the date fixed for redemption. MM Redemption Period Redemption Price September 1, 20_, through August 31, 20 101.0% September 1, 20___, through August 31, 20_ 100.5 September 1, 20__, and thereafter 100.0 Term. Bonds Maturing September 1, 20 Sinking Account Redemption Date Principal Amount To Be (September 1.) Redeemed or Purchased [To Come] As provided in the Indenture, notice of redemption shall be given by first class mail no less than thirty (30) nor more than sixty (60) days prior to the redemption date to the respective registered owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books maintained by the Trustee; but neither failure to receive such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. The Agency shall have the right to rescind any optional redemption by written notice to the Trustee on or prior to the date fixed for redemption. Any notice of redemption shall be cancelled and annulled if for any reason funds will not or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under the Indenture. The Agency and the Trustee shall have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Trustee shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. If an Event of Default, as defined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture, but such declaration and its consequences may be rescinded and annulled as further provided in the Indenture. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Indenture, Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. A -7 This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at the corporate trust office of the Trustee, in St. Paul, Minnesota, or such other place designed by the Trustee, but only in the manner and subject to the limitations provided in the Indenture, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new fully registered Bond or Bonds, of any authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The Trustee may refuse to transfer or exchange (a) any Bonds during the fifteen (15) days prior to the date established for the selection of Bonds for redemption, or (b) any Bonds selected for redemption. The Agency and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the Agency and the Trustee shall not be affected by any notice to the contrary. The rights and obligations of the Agency and the registered owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture, but no such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Agency to pay the principal, interest or redemption premiums (if any) at the time and place and at the rate and in the currency provided herein of any Bond without the express written consent of the registered owner of such Bond, (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification or (c) without its written consent thereto, modify any of the rights or obligations of the Trustee. A -8 STATEMENT OF INSURANCE [To Come] A -9 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or Tax Regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT Custodian TEN ENT -- as tenants by the entireties (Cost.) (Minor) ]T TEN -- as joint tenants with right under Uniform Gifts to Minors Act of survivorship and not as (State) tenants in common COMM PROP -- as community property ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE LIST ABOVE (FORM OF ASSIGNMENT) For value received the undersigned hereby sells, assigns and transfers unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within- registered Bond and hereby irrevocably constitute(s) and appoints(s) attorney, to transfer the same on the registration books of the Trustee with full power of substitution in the premises. Signatures Guaranteed: Note: Signature(s) must be guaranteed by an Note: The signatures(s) on this Assignment eligible guarantor. must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. A -1Q HOUSING & FINANCING AUTHORITY AGENDA MAY 1 7 2000 COUNCIL CHAMBER APRIL 19, 2000 14403 E. PACIFIC AVENUE ITEM NO. —A WEDNESDAY BALDWIN PARK, CA 91706 7:00 P.M. The HOUSING & FINANCING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL,CALL: 110 MIN 10,16100110 �. Present: Board Members: Linda Gair, Marlen Garcia, William "Bill" 'Van Cleave, Mayor Pro -Tem Ricardo Pacheco, and Mayor Manuel Lozano. Also Present: Arnold Alvarez - Glasman, Agency Attorney; Executive Officer; Mark Kling, Captain; Mike Stedman, Captain; .lose Sanchez, Interim Finance Director; Shafique Nayier, Interim Public works Director; Rick ]=orintos, Interim Community Development Director; Mike Salas, Interim Recreation /Community Services Director; and Rosemary M. Ramirez, Deputy City Clerk. Absent: Kathryn V. Tizcareno, City Clerk; Ana Montenegro, City Treasurer; Richard LeGarra, Chief of Police. CONSENT CALENDAR Fes\ 7Ct /l l7 Approved as presented by the Agency Board at its meeting held May 17, 2000. Rosemary M. Ramirez Deputy City Clerk Jose Sanchez Agency Secretary Deputy City Clerk Ramirez presented the consent calendar as follows* March 15, 2000 and April 5, 2000 (adjourned) minutes were approved as presented. A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Vice Chairman Pacheco Motion carried. There being no further matters to be discussed, the meeting was adjourned at 10:06 p.m. HOUSING & FINANCING AUTHORITY AGENDA MAY 1 7 2000 ITEM NO. aE CITY OF"BALDWIN PARK STAFF REPORT BALDWIN P•A - R,K TO: Honorable Mayor and City Councilmembers, Honorable Chairman and Boardmembers of the Redevelopment Agency and Financing Authority FROM: Rick Forintos, Interim Community Develo ent ctoif —. Jose Sanchez, Interim Finance Director Suzanne Harrell, Rod Gunn Associates, In . DATE: May 17, 2000 SUBJECT. Joint Meeting of City Council, Redevelopment Agency and Financing Authority for the approval of Tax Allocation Bonds Financing Documents (Merged Project Area) PURPOSE This staff report introduces to the (1) City Council, (2) Redevelopment Agency Board and the (3) Financing Authority Board the proposed resolutions to approve the issuance of tax allocation bonds for the Agency's Merged Redevelopment Project. BACKGROUND On February 16, 2000, the City Council was presented with a Financial Plan (Assessment) for the Redevelopment Agency which outlined certain steps that would be required for the Agency to generate enough bonding capacity to complete the acquisition of the 24 -acre site adjacent to the San Bernardino Freeway. One of the steps outlined in the Financial Plan (Assessment) was to merge five of the Agency's six redevelopment project areas. This action was approved by the Agency on April 26, 2000. The next step of the Financial' Plan is to authorize the issuance of tax allocation bonds of the Merged Redevelopment Project. The proceeds of the bonds are to . be used to refinance certain Agency obligations and provide for additional funding of acquisition costs. DISCUSSION To provide for the issuance of tax allocation bonds for the Merged Redevelopment Project, the Agency Board must adopt a resolution approving the form of various legal documents required to complete the transaction. These documents are "nearly final" and are only missing information such as final interest rates that won't be known until the bonds are actually sold. The Agency resclution provides that the Chief Executive Officer may-award the sale of the bonds as long as the interest rates and compensation to the Underwriter are within the limits established in the resolution. The limitations in the Resolution are as follows: (1) the total amount of bonds may not exceed $11 million, (2) the interest rate may not exceed 7% and (3) the compensation to the Underwriter may not exceed 1.25% of the final principal amount of the bonds. It is expected that the final principal amount of the bonds will be approximately $9.5 million. The higher authorization of $11 million (not -to exceed amount) provides for a situation where actual interest rates are lower than anticipated, allowing the Agency to increase the bond size without further action by the Agency. The Resolutions provide for the Agency Board approval of the form of the .following documents, which are on file with the City Clerk: • Indenture of Trust, by and between the Agency and U.S. Bank Trust National Association (the "Trustee "); • Escrow Deposit and Trust Agreement, by and between the Agency, the Baldwin Park Financing Authority (the "Authority ") 'and the Trustee; ■ . Continuing Disclosure Certificate; ■ Purchase Contract, by and between the Agency, the Authority and the Underwriter; and ■ Preliminary Official Statement. The Resolutions also approve the engagement of Rod Gunn Associates as the Financial Advisor for the bonds, Jones Hall as Bond Counsel, U.S. Bank Trust National Association as Trustee. Disclosure Counsel and Underwriter will be designated by the Executive Director of the Redevelopment Agency at a later date The City Council and the Financing Authority Board also have been presented with separate resolutions for their consideration. The City Council resolution approves the Agency borrowing. The Financing Authority Board resolution approves the Agency borrowing and also approves the form of certain of the above - outlined legal documents. The Financing Authority was a party to several of the prior bond issues now being refinanced by the Agency. RECOMMENDATIONS That the City Council, Redevelopment Agency and Financing Authority approve the following Resolutions: Resolution 2000 -48 of the City Council of the City of Baldwin Park approving issuance by the Baldwin Park Redevelopment Agency of not to exceed $11,000,000 aggregate principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, and providing other matters properly relating thereto; and 2. Resolution 351 of. the Baldwin Park Redevelopment Agency authorizing issuance of not to exceed $11,000,000 aggregate principal amount of Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, approving and authorizing and directing execution of indenture of trust relating thereto, authorizing sale of such bonds, approving Official Statement, and providing other matters properly relating thereto; and 3. Resolution FA 2000 -01 of the Baldwin Park Financing Authority authorizing the purchase and sale of not to exceed $11,000,000 principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds, upon certain terms and conditions, . approving distribution of Official Statement relating thereto, and providing other matters properly relating thereto. Attachments: 1. Resolutions: City of Baldwin Park No. 2000 -48. Redevelopment Agency No. 351 Financing Authority No. FA 2000 -01 2. Indenture 3. Purchase Agreement 4. Preliminary Official Statement ATTACHMENT #1 - RESOLUTIONS 12(402 -14 . JH:ACH:Isj RESOLUTION NO. FA 2000 - 01 RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF NOT TO EXCEED $11,000,000 PRINCIPAL AMOUNT OF BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS, UPON CERTAIN TERMS AND CONDITIONS, APPROVING DISTRIBUTION OF OFFICIAL STATEMENT RELATING THERETO, AND PROVIDING. OTHER MATTERS PROPERLY RELATING THERETO BALDWIN PARK.FINANCING AUTHORITY 5/9!00 WHEREAS, the City of Baldwin Park (the "City ") and the Baldwin Park Redevelopment Agency ( "the Agency "), have entered into a Joint Exercise of Powers Agreement (the "Agreement"), creating the Baldwin Park Financing Authority (the "Authority "); WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act ") and the Agreement, the Authority is authorized to purchase bands issued by the Agency for financing and refinancing public capital improvements; WHEREAS, pursuant to the Act and the Agreement the Authority is further authorized to sell bonds so purchased to public or private purchasers at public or negotiated sale; WHEREAS, the Authority desires to purchase from the Agency not to exceed $11,000,000 aggregate principal amount of Baldwin Park Redevelopment Agency Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds "), solely from the proceeds received from the Authority's concurrent sale of the Bonds to the underwriter of the Bonds designated by the Executive Director of the Agency (the "Underwriter "); WHEREAS, the Agency has caused an Official Statement relating to the Bonds (the "Official Statement ") to be submitted to the Authority for approval for distribution to purchasers of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the Agency's loan payment obligations attributable to the financing of redevelopment activities, including low and moderate income housing, with respect to its Sierra Vista Redevelopment Project, such financing having been implemented pursuant to a Project Loan Agreement and a Housing Loan Agreement, each dated as of June 1, 1994, and each by and between the Agency and the Authority, and having been funded with the proceeds of the Authority's Baldwin Park Financing Authority Revenue (Tax Allocation) Bonds 1994 Series A (the "1994 Bonds "); and WHEREAS, a portion of the proceeds of the Bonds will be used to refund and discharge the portion of the Agency's loan payment obligations attributable to the financing of low and moderate income housing with respect to its San Gabriel River Redevelopment Project,, such financing having. been implemented pursuant to a Housing Loan Agreement, dated as of May 1, 1998, by and between the Agency and the Authority, and having been funded with a portion of the proceeds of the Authority's Sari Gabriel River Tax Allocation Bonds (Refunding and Housing Projects) Series 1998 (the "1998 Bonds "); AND THEREFORE THE GOVERNING BOARD OF THE BALDWIN PARK FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Sale of Bonds. The proposed form of bond purchase agreement tithe "Purchase Contract "), by and among the Agency, the Authority and the Underwriter on file with the Secretary of the Authority is hereby approved. The Executive Director of.the Authority is hereby authorized and directed, for and in the name and on behalf of the Authority, to purchase the Bonds from the Agency and to accept the offer of the Underwriter to purchase the Bonds from the Authority, subject to the terms and conditions of the Purchase Contract, and to execute and deliver the Purchase Contract to the Agency and the Underwriter; provided, however, that the stated average annual interest rate payable with respect to the Bonds shall not exceed seven percent (7.00 %) per annum, and the purchase price paid by the Underwriter for the purchase of the Bonds shall be not less than ninety -eight and seventy -five hundredths percent (98.75°!x) of the par amount thereof, excluding any original issue discount on the Bonds. Approval of any additions or changes in such form shall be conclusively evidenced by such execution and delivery of the Purchase Contract. Section 2. Official Statement. The Official Statement relating to the Bonds, together with such amendments and supplements as shall be necessary or convenient to accurately describe the Bonds in accordance with the Purchase Contract, this Resolution and the other related proceedings and documents, is hereby approved for distribution to the purchasers of the Bonds. Section 3. Official Action. The Chairman, the Executive Director, the Secretary, the Treasurer and the General Counsel of the Authority and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all agreements (including, but not limited to, escrow deposit and trust agreements in customary form providing for the refunding of the 1994 Bonds and the 1998 Bonds, assignments, certificates, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the Bonds to the Authority and Underwriter pursuant to the Purchase Contract approved herein. Section 4. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. -2- 1 ADOPTED AND APPROVED THIS 17TH DAY OF MAY, 2000 Chairman Manuel Lozano ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF BALDWIN PARK ) I, Kathryn V. Tizcareno, Secretary of the Baldwin Park Financing Authority do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Governing Board of the Baldwin Park Financing Authority, at adjourned meeting held on May 17, 2000, by the following vote of the Governing Board: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: -3- i Kathryn V. Tizcareno Secretary ATTACHMENT #3 PURCHASE AGREEMENT 2805E-07. JH:ACH:Isi BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS PURCHASE AGREEMENT May J 2000 Baldwin Park Public Financing Authority 14403 E. Pacific Avenue Baldwin Park, California 91706 Baldwin Park redevelopment Agency 14403 E. Pacific Avenue Baldwin Park, California 91706 Ladies and Gentlemen: Execution copy The undersigned (the "Underwriter") offers to enter into this purchase agreement (this "Purchase Agreement") with the Baldwin Park Public Financing Authority (the "Authority") and the Baldwin Park Redevelopment Agency (the "Agency") which will be binding upon the Authority, the Agency and the Underwriter upon the acceptance hereof by the Authority and the Agency. This offer is made subject to its acceptance by the Authority and the Agency by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. All terms used herein and not otherwise defined shall have the respective meanings given to such terms in the Indenture (as hereinafter defined). Section. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the Authority for offering to the public, and the Authority hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the $ aggregate principal amount of the Agency's Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds'), at a purchase price equal to $ (being the aggregate principal amount thereof less an underwriter's discount of $ and less an original issue discount of $_ ). The Bonds are to be purchased by the Authority from the Agency pursuant hereto for resale and delivery to the Underwriter concurrently with the purchase of the Bonds by the Underwriter from the Authority; provided that the obligation of the Authority to purchase the Bonds from the Agency shall be solely with moneys provided by the Underwriter. Section 2. Description of the Bonds. The Bonds shall be issued pursuant to an Indenture of Trust (the "Indenture ") dated as of June 1, 2000, by and between the Agency and U.S. Bank Trust National Association, as trustee (the "Trustee ") and pursuant to the California Community Redevelopment Law, constituting Dart 1, Division 24 commencing with Section 33000) of the California Health and Safety Code (the "Law") and a resolution of the Agency adopted May 17, 2000. The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the "`Official Statement"). The net proceeds of the Bonds will be used to refinance redevelopment activities of the Agency. The Bonds shall be secured by a first pledge of and lien on all of the Tax Revenues (as defined in the Indenture) allocated to the Agency with respect to the Project Area. The scheduled payment of principal of and interest on the Bonds shall be insured by (the "Insurer ") by the issuance of a bond insurance policy (the "Policy ") Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on Appendix A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems :necessary in connection with the marketing of the Bonds, provided that the Underwriter shall.not change the interest rates set forth on Appendix A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices Section 4. Delivery of Official Statement. The Agency has caused to be prepared .under the direction of Rod Gunn Associates, Inc., (the "Financing ConsultanC)and to be delivered to the Underwriter prior to the execution of this Purchase Agreement, copies of the Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement "). Such Preliminary Official Statement is the official statement deemed final by the Agency for purposes of Rule 15c2 -12 under the Securities Exchange Act of 1934 (the "`Rule ") and approved for distribution by resolution of the Agency. The Agency shall have executed and delivered to the Underwriter a certification to such effect in the form attached hereto as Appendix B. Within seven (7) business days from the date hereof, the Agency shall deliver to the Underwriter a final Official Statement, executed on behalf of the Agency by an authorized representative of the Agency and dated the date hereof, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the Agency and the Underwriter. The Agency also agrees to delivery to the Underwriter, at the Agency's' sole cost and at such address as the Underwriter shall specify, as many copies of the Official Statement as the Underwriter shall reasonably request as necessary to comply with paragraph (b)(4) of the Rule and with Rule G- 32 and all other applicable rules of the Municipal Securities Rulemaking Board. -2- The Agency will undertake, pursuant to the Indenture and a continuing disclosure certificate (the "Continuing Disclosure Certificate "), to provide certain annual financial information and notices of the occurrence of certain events, if material. The form of the Continuing Disclosure Certificate is appended to the Official Statement. Section 5. The Closing. At 8:00 a.m., California time, on June _, 2000, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the Agency and the Underwriter, the Authority and the Agency will deliver (i) the Bonds in definitive farm (one bond for each annual maturity) to the Underwriter at The Depository Trust Company ( "DTC ") in New York, New York, or such other location as may be specified by the Underwriter, with CUSIP identification numbers printed thereon, in fully registered form and registered. in the name of Cede & Co., and (ii) the closing documents hereinafter mentioned at the offices of Jones Hall, A Professional Law Corporation, Bond Counsel (the "Bond Counsel") in San Francisco, California, or another place to be mutually agreed upon by the Agency and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by federal funds wire payable to the order of the Trustee on behalf of the Agency. This payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." Section 6. Agency Representations, Warranties and Covenants. The Agency represents, warrants and covenants to the Underwriter and the Financing Consultant that: (a) Due Organization and Existence of Agency. The Agency is a public body corporate and politic, organized and existing under the laws of the State, including the Community Redevelopment Law of the State, constituting Part 1 of Division 24 of the Health and Safety Code (the "Redevelopment Law"), with full right, power and . authority to execute, deliver and perform - its obligations under this Purchase Agreement, the Continuing Disclosure Certificate and the Indenture (collectively, the "Agency Documents ") and to carry out and consummate the transactions contemplated by the Agency Documents and the Official Statement. (b) Due Authorization and Approval. By all necessary official action of the Agency, the Agency has duly authorized and approved the execution and delivery of; and the performance by the Agency of the obligations contained in, the Agency Documents and as of the date hereof, such authorizations and approvals are in full force and effect and have not'been amended, modified or rescinded. When executed and delivered, the Agency Documents will constitute the legally valid and binding obligations of the Agency enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, . moratorium or similar laws or equitable principles relating to or affecting creditors` rights generally. The Agency has complied, and will at the Closing be in compliance in all respects, with the terms of the Agency Documents. (c) Official Statement Accurate and Complete. The Preliminary Official Statement was as of its date, and the final Official Statement is, and at all times subsequent to the date of the final Official Statement up to and including the Closing will be, true and.correct -in all material respects, and the Preliminary Official Statement and the final Official Statement contain, and up to and including the Closing will -3- contain, no misstatement of any material fact and do not, and up to and including the Closing will not, omit any statement necessary to make the statements contained therein., in the light of the circumstances in which such statements were made, not misleading. (d) Underwriter's Consent to Amendments and Supplements to Official Statement. The Agency will advise the Underwriter and the Financing Consultant promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The Agency will advise the Underwriter and the Financing Consultant promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (e) No Breach or Default. As of the time of acceptance hereof and as of the time of the Closing, except as otherwise disclosed in the Official Statement, the Agency is not and will not be in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the Agency is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument; and, as of such times, except as disclosed in the Official Statement, the authorization, execution and delivery of the Agency Documents and compliance with the provisions of each of such agreements or instruments do not and will not conflict with or constitute a breach of or default under any 'applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the Agency (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, nor will any such authorization, execution, delivery or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of its assets or properties or under the terms of any such law, regulation or instrument, except as may be provided by the Agency Documents. (f) No Litigation. As of the time of acceptance hereof and the Closing, except as disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity,. before or by any court, government agency, public board or body, pending or threatened (i) in any way questioning the corporate existence of the Agency or the titles of the officers of the Agency to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or the Agency Documents or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the Agency and its authority to pledge the Pledged Revenues; (iii) which may result in any material adverse change relating to -4- the Agency, or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the final Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the final Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. (g) Preliminary Official Statement. For purposes of the Rule, the Agency has heretofore deemed final the Preliminary Official Statement prior to its use and distribution by the Underwriter, except for the information specifically permitted to be omitted by paragraph (b)(1) of the Rule. The Agency has never failed to comply timely with any filing requirements under the Rule. (h) Excess Surplus. The Agency's Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Law does not, on the date hereof, contain an "excess surplus" (within the meaning of Section 33334.12 of the Law) that would cause the Agency to be subject to the sanctions contained in Section 33334.12(e)(1) of the Law. W Arbitrage Certificate. The Agency has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certificates may not be relied upon. Section 7. Authority Representations, Warranties and Covenants. The Authority represents, warrants and covenants to the Underwriter and the Financing Consultant that: (a) Due Organization and Existence of Authority. The Authority is a joint powers authority, duly organized and existing, and authorized to transact business and exercise powers under and pursuant to the provisions of the laws of the State of California and has, and on Closing date will have, full legal right, power and authority to enter into this Purchase Agreement, and to carry out and to consummate the transactions contemplated by this Purchase Agreement. (b) Official Statement Accurate 'and Complete. The information relating to the Authority contained in the Preliminary Official Statement and the final Official Statement is correct in all .material respects and does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. (c) Purchase and Sale of Bonds. The Bonds will be purchased and sold by the Authority pursuant to the Mark -Roos Local Bond Pooling Act of 1985, constituting Article 4 of Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "JPA Act"). -5- (d) Compliance with Law. The Authority has complied, and will on the Closing Date be in compliance, in all respects, with the JPA Act and all other applicable laws of the State of California. Section 8. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations, warranties and covenants herein and the performance by the Agency of their respective obligations hereunder, both as of the date hereof and as of the date of the Closing. The Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds shall be subject to the following additional conditions: (a) Bring -Down Representation. The representations, warranties and covenants of the Authority and the Agency contained herein shall be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of -the Closing. (b) Executed Agreements and Performance Thereunder. At the time of the Closing (i) the Agency Documents shall be in full force and effect, and shall not have been amended, modified or supplemented except with the written consent of the Underwriter and (ii) there shall be in full force and effect such resolutions of the Agency and the Authority (the "Resolutions ") as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated by this Purchase Agreement, the Official Statement and the Agency Documents. (c) Closing Documents. At or prior to the Closing, the Underwriter shall receive each of the documents identified in Section 9: Section 9. Closing Documents. In addition to the other conditions to the Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the Underwriter shall receive each of the following documents, provided that the actual payment for the Bonds by the Underwriter and the acceptance of delivery thereof shall be conclusive evidence that the requirements of this Section 9 shall have been satisfied or waived by the Underwriter. (a) Bond Counsel Opinion. • An approving opinion of Bond Counsel dated. the date of the Closing and substantially in the form appended to the Official Statement, together with a letter from such counsel, dated the date of the Closing and addressed to the Underwriter and to the Financial Consultant, to the effect that the foregoing opinion may be relied upon by the Underwriter and the Financial Consultant to the same extent as if such opinion were addressed to it. (b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter and the Financial Consultant, dated the date of the Closing substantially to the following effect: (i) This Purchase Agreement has been duly authorized, executed and delivered by the`Agency and the Authority, as applicable, and constitute the W valid, legal and binding agreements of the Agency and the Authority, as applicable, enforceable in accordance with its terms. (ii) The statements contained in the Official Statement (including the cover page and the Appendices thereto), insofar as such statements purport to summarize. certain provisions of the Bonds, the Indenture or federal tax law, accurately summarize the information presented therein, provided that Bond Counsel need not express any opinion with respect to any financial or statistical information contained therein. (iii) The Agency's obligations under the Indenture are exempt from registration under the Securities Act of 1933, as amended, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended. (c) Agency Counsel Opinion. A n. opinion of Counsel to the Agency, dated the date of the Closing and addressed to the Underwriter and the Financial Consultant substantially to the following effect: (i) The Agency is a public body corporate and politic duly organized and validly existing under the laws of the State of California. (ii) The resolution of the Agency approving and authorizing the execution and delivery of the Agency Documents and approving the Official Statement (the "Agency Resolution ") was duly adopted at a meeting of the Agency which was called and held pursuant to law and with all public notice required by law and at which a quorurn was present and acting throughout, and the Agency Resolution is in full force and effect and has not been modified, amended or rescinded. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge. of such counsel after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental agency or body, pending or threatened against the Agency, challenging the creation, organization or existence of the Agency, or the validity of the Agency Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the Agency Documents or contesting the authority of the Agency to enter into or perform its obligations under any of the Agency Documents, or under which a determination adverse to the Agency would have a material adverse effect upon the financial condition or the revenues of the Agency, or which, in any manner, questions the right of the Agency to use the Pledged Revenues for repayri-Lent df the Bonds or affects in any manner the right or ability of the Agency to collect or pledge the Pledged Revenues. (d) Authority Counsel Opinion. An opinion of Counsel to the Authority, dated the Closing Date and addressed to the Underwriter and the Financial Consultant, substantially to the effect that: -7- (i) The Authority is a public body, corporate and politic, organized and existing under the laws of the State, including the ,SPA Act. (ii) The resolution of the Authority approving and authorizing the execution and delivery of this Purchase Agreement (the "Authority Resolution "), and certain other matters relating to the refunding of Agency and Authority obligations, was duly adopted at a meeting of the Authority which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout and the Authority Resolution is in full force and effect and has not been modified, amended or rescinded (iii) To the best of such counsePs knowledge after due investigation, there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or threatened against or affecting the Authority to restrain or enjoin the Authority's participation in, or in any way contesting the existence of the Authority or the powers of the Authority with respect to the transactions contemplated by this Purchase Agreement. (e) Trustee Counsel Opinion. The opinion of counsel to the Trustee, dated the date of the Closing, addressed to the Underwriter and the Financial Consultant, substantially to the effect that: (i) The Trustee is a national banking association, duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trust created tinder the Indenture. (ii) The Indenture has been duly authorized, executed and delivered by the Trustee and the Indenture constitutes the legal, valid and binding obligation of the Trustee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought. (iii) No consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Trustee that has not been obtained is or will be required for the execution and delivery of the Indenture or the consummation of the transactions contemplated by the Indenture. (f) Agency Certificate. A certificate of the Agency, dated the date of the Closing, sighed on behalf of the Agency by the Executive Director or other duly authorized officer of the Agency to the effect that: (i) The representations, warranties and covenants of the Agency contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the Agency has M complied with all. of the terms and conditions of this Purchase Agreement required to be complied with by the Agency at or prior to the date of the Closing. (ii) No event affecting the Agency has .occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental agency or body, pending or threatened against the Agency, challenging the creation, organization or existence of the Agency, or the validity of the Agency Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the Agency Documents or contesting the authority of the Agency to enter into or perform its obligations under any of the Agency Documents, or under which a determination adverse to the Agency would have a material adverse effect upon the financial condition or the revenues of the Agency, or which, in any manner, questions the right of the Agency to use the Pledged Revenues for repayment of the Bonds or affects in any .manner the right or ability of the Agency to collect or pledge the Pledged Revenues. (g) Authority Certificate. A certificate of the Authority, dated the date of the Closing, signed on behalf of the Authority by the Executive-.Director or other duly authorized officer of the. Authority to the effect that: (i) The representations, warranties and covenants of the Authority contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the Authority has complied with all of the terms and conditions of this Purchase Agreement required to be complied with by the Authority at or . prior to the date of the Closing. (ii) No event affecting the Authority has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should. be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental Authority or body, pending or threatened against the Authority, challenging the creation, organization or existence of the Authority, or the validity of this Purchase Agreement or contesting the authority of the In Authority to enter into or perform its obligations under this Purchase Agreement. (h) Trustee's Certificate. A certificate of the Trustee, dated the date of Closing, in form and substance acceptable to counsel for the Underwriter, to the following effect: (i) The Trustee is duly organized and existing as a national banking association in good standing under the laws of the United States of America, having the full power and authority to enter into and perform its duties under the Indenture. (ii) The Trustee is duly authorized to enter into the Indenture. (iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental agency, public board or body pending against the Trustee or threatened against the Trustee which in the reasonable judgment of the Trustee would affect the existence of the Trustee or in any way contesting or affecting the validity or enforceability of the Indenture or contesting the powers of the Trustee or its authority to enter into and perform its obligation under the Indenture. (i) Documents. An original executed copy of each of the Agency Documents and a certified copy of each of the Resolutions. (j) Municipal Bond Insurance Policy. A copy of the Policy, as duly executed and delivered by the Insurer. (k) Financing Consultant Certificate. A certificate, dated the date of Closing, signed by a duly authorized. official of the Financing Consultant addressed to the Agency and the Underwriter to the effect, that, in connection with the preparation of the Official Statement, nothing has come to the attention of the .Financing Consultant that would lead it to believe that the statements and information contained in the Official Statement as of the date thereof and the date of the Closing, contains an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading; (1) Disclosure Counsel letter. An opinion of disclosure counsel to the Agency (the "Disclosure Counsel"), dated the date of the Closing, addressed to the Agency, the Underwriter and the Financial Consultant, substantially to the effect that the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and that the Indenture is exempt from qualifications pursuant to the Trust Indenture Act of 1939, as amended. In addition, such counsel shall state in its letter containing the foregoing opinion to the effect that based upon its participation in the preparation of the Official Statement -10- and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein and the information included in the Appendices thereto, excluding information relating to the Insurer and the Policy and excluding information relating to DTC, as to which no advice need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (m) Ratings. - Evidence that the Bonds have been rated "AAA" by Standard & Poor "s Ratings Service and "Aaa" by Moody's Investors Service. (n) Consent of Redevelopment Consultant. A letter of Urban Futures,. Inc. (the "Redevelopment Consultant") consenting to the references to it in the Official Statement, and stating that the information in the Official Statement referencing the Redevelopment Consultant as its source is true and correct. (o) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, the Agency, the Underwriter or the Financial Consultant may reasonably deem necessary. If the Agency or the Authority shall be unable to satisfy the conditions contained in this Purchase Agreement, or if the obligations of the Underwriter shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the Agency or the Authority shall be under further obligation hereunder; except as further set forth in Section 10 hereof: Section 10. Termination Events. The Underwriter shall have the right to terminate this Purchase Agreement, without liability therefor, by notification to the Agency and the Authority if at any time between the date hereof and prior to the Closing: (a) any event shall occur which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has. been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for -11- consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an optionn by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal. or State tax status of the Agency, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and as then in effect; or (e) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium shall have been established by federal or State authorities; or (g) the United States has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak of hostilities or a national or international calamity or crisis, or there has occurred any escalation of existing hostilities, calamity or crisis, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or -12- (h) any rating of the Bonds shall have been. downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (i) the commencement of any action, suit or proceeding described in Section b(f) hereof which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or 0) there shall be in force a general suspension of trading on the New York Stock Exchange. Section 11. Expenses. The Underwriter shall be under no obligation to pay and the Agency shall pay or cause to be paid the expenses incident to the performance of the obligations of the Agency and the Authority hereunder including but not limited to (a) the costs of the preparation and printing, or other reproduction (for distribution on 'Or prior to the date hereof) of the Agency Documents and the cost of preparing, printing, issuing and delivering the definitive Bonds, (b) the fees and disbursements of any counsel, accountants or other experts or consultants retained by the Agency; (c) the fees and disbursements of Financial Consultant, Bond Counsel and Disclosure Counsel; (d) the cost of printing the Preliminary Official Statement and any supplements and amendments thereto and the cost of printing the Official Statement, including the requisite number of copies thereof for distribution by the Underwriter; (e) charges of rating agencies for the rating of the Bonds; and (f) the premium payable to the Insurer in consideration of the issuance by the Insurer of the Policy. The Underwriter shall pay and the Agency shall be under no obligation to pay all expenses incurred by it in connection with the public offering and distribution of the Bonds, the fees of the California Debt and Investment Advisory Commission and the CUSIP Service Bureau charge for the assignment of CUSIP numbers to the Bonds. Section 12. Notice. Any notice or other communication to be given to the Agency and the Authority under this Purchase Agreement may be given by delivering the same in writing to such entity at the address set forth above. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to: Section 13. Entire Agreement. This Purchase Agreement, when accepted by the Agency and the Authority, shall constitute the entire agreement between the Agency, the Authority and the Underwriter and is made solely for the benefit of the Agency, the Authority and the Underwriter (including the successors or assigns of any Underwriter). No other person shall acquire or have any right hereunder by virtue hereof, except as provided herein. All the Agency's and the Authority's representations, warranties and covenants in this Purchase Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter. Section 14. Counterparts. This Purchase Agreement may be executed by the parties hereto in. separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. -13- Section 15. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. Section 16. State of California Law Governs. The validity, interpretation and performance of this Purchase Agreement shall be governed by the laws of the State. -14- Section 17. No Assignment. The rights and obligations created. by this Purchase Agreement shall not be subject to assignment by the Underwriter, the Authority or the Agency without -the prior written consent of the other parties hereto. Accepted as of the date first stated above: BALDWIN PARK PUBLIC FINANCING AUTHORITY M. BALDWIN PARK REDEVELOPMENT AGENCY -15- APPENDIX A Maturity Date Principal interest (September 1) Amount Rate Yield A -1 APPENDIX B RULE 15c2 -12 CERTIFICATE The undersigned hereby certifies and represent to (the "Underwrites") that she is a duly appointed and acting officer of the Baldwin Park Redevelopment Agency (the "Agency "), and as such is to execute and deliver this Certificate and further hereby certify and reconfirm on behalf of the Agency to the Underwriter as follows; 111 (1) This Certificate is delivered to enable the Underwriter to comply with Securities and Exchange Commission Rule 15c2 -12 under the Securities Exchange Act of 1934 (the "Rule ") in connection with the offering and sale of the Agency's Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds "). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement, setting forth information concerning the Bonds and the issuer of the Bonds (the "Preliminary Official Statement"). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters and the identity of the underwriter(s), all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions,. deemed final Within the meaning of the Rule and has been, and the information therein is accurate and complete except for the Permitted Omissions. r (5) If, at any time prior to the execution of the final contract of purchase, any event occurs as a result of which the Preliminary Official Statement might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Agency shall promptly notify the underwriter thereof. IN WITNESS WHEREOF, we have hereunto set our hands as of the day of May, BALDWIN PARK REDEVELOPMENT AGENCY Executive Director 28056-01 JH- ACHJsj BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT 2000 TAX ALLOCATION REFUNDING BONDS PURCHASE AGREEMENT May _ , 2000 Baldwin Park Public Financing Authority 14403 E. Pacific Avenue Baldwin Park, California 91706 Baldwin Park redevelopment Agency 14403 E. Pacific Avenue Baldwin Park, California 91706 Ladies and Gentlemen, Execution copy The undersigned (the "Underwriter") offers to enter into this purchase agreement (this "Purchase Agreement") with the Baldwin Park Public Financing Authority (the "Authority") and the Baldwin Park Redevelopment Agency (the "Agency") which will be binding upon the Authority, the Agency and the Underwriter upon the acceptance hereof by the Authority and the Agency. This offer is made subject to its acceptance by the Authority and the Agency by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. All terms used herein and not otherwise defined shall have the respective meanings given to such terms in the Indenture (as hereinafter defined). Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the Authority for offering to the public, and the Authority hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the $ aggregate principal amount of the Agency's Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the `Bonds "), at a purchase price equal to $ (being the aggregate principal amount thereof less an underwriter's discount of $ and less an original issue discount of $ ). The Bonds are to be purchased by the Authority from the Agency pursuant hereto for resale and delivery to the Underwriter concurrently with the purchase of the Bonds by the Underwriter from the Authority; provided that the obligation of the Authority to purchase the Bonds from the Agency shall be solely with moneys provided by the Underwriter. Section 2. Description of the Bonds. The Bonds shall be issued pursuant to an Indenture of Trust (the "Indenture ") dated as of June 1, 2000, by and between the Agency and U.S. Bank Trust National Association, as trustee (the "Trustee ") and pursuant to the California Community Redevelopment Law, constituting Part 1., Division 24 commencing with Section 33000) of the California Health and Safety Code (the "Law") and a resolution of the Agency adopted May 17, 2000. The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the "Official Statement"). The net proceeds of the Bonds will be used to refinance redevelopment activities of the Agency. The Bonds shall be secured by a first pledge of and lien on all of the Tax Revenues (as defined in the Indenture) allocated to the Agency with respect to the Project Area. The scheduled payment of principal of and interest on the Bonds shall be insured by (the "Insurer ") by the issuance of a bond insurance policy (the "Policy ") Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on Appendix A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on Appendix A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices Section 4. Delivery of Official Statement. The Agency has caused to be prepared under the direction of Rod Gunn Associates, Inc., (the "'Financing Consult t")and to be delivered to the Underwriter prior to the execution of this Purchase Agreement, copies of the Preliminary Official Statement relating to the Bonds (the "'Preliminary Official Statement"). Such Preliminary Official Statement is the official statement deemed final by the Agency for purposes of Rule 15c2 -12 under the Securities Exchange Act of 1934 (the " "Rule ") and approved for distribution by resolution of the Agency. The Agency shall have executed and delivered to the Underwriter a certification to such effect in the form attached hereto as Appendix B. Within seven (7) .business days from the date hereof, the Agency shall deliver to the Underwriter a final Official Statement, executed on behalf of the Agency by an authorized representative of the Agency and dated the date hereof, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the Agency and the Underwriter. The Agency also agrees to delivery to the Underwriter, at the Agency's` sole cost and at such address as the Underwriter shall specify, as many copies of the Official Statement as the Underwriter shall reasonably request as necessary to comply with paragraph (b)(4) of the Rule and with Rule G- 32 and all other applicable rules of the Municipal Securities Rulemaking Board. -2- The Agency will undertake, pursuant to the Indenture and a continuing disclosure certificate (the "Continuing Disclosure Certificate "), to provide certain. annual. financial information and notices of the occurrence of certain events, if material. The farm of the Continuing Disclosure Certificate is appended to the Official Statement. Section 5. The Closing. At 5:00 a.m., California time, on June _, 2000, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the Agency and the Underwriter, the Authority and the Agency will deliver (i) the Bonds in definitive form (one bond for each annual maturity) to the Underwriter at The Depository Trust Company ( "DTC") in New York, New York, or such other location as may be specified by the Underwriter, with CUS1P identification numbers printed thereon, in fully registered form and registered in the name of Cede & Co., and (ii) the closing documents hereinafter mentioned at the offices of Jones Hall, A Professional Law Corporation, Bond Counsel (the "Bond Counsel ") in San Francisco, California, or another place to be mutually agreed upon by the Agency and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by federal funds wire payable to the, order of the Trustee on behalf of the Agency. This payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." Section 6. Agency Representations, Warranties and Covenants. The Agency represents, warrants and covenants to the Underwriter and the Financing Consultant that: (a) Due Organization and Existence of Agency. The Agency is a public body corporate and politic, organized and existing under the laws of the State, including the Community Redevelopment Law of the State, constituting Part 1 of Division 24 of the Health and Safety Code (the "Redevelopment Law"), with full right, power and authority to execute, deliver and perform its obligations under this , Purchase Agreement, the Continuing Disclosure Certificate and the Indenture (collectively, the "Agency Documents ") and to carry out and consummate the transactions contemplated by the Agency Documents and the Official Statement.. (b) Due Authorization and Approval. By all necessary official action of the Agency, the Agency has duly authorized and approved the execution and delivery of, and the performance by the Agency of the obligations contained in, the Agency Documents and as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, . the Agency Documents will constitute the legally valid and binding obligations of the Agency enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors` rights. generally. The Agency has complied, and will at the Closing be in compliance in all respects, with the terms of the Agency Documents. (c) Official Statement Accurate and Complete. The Preliminary Official Statement was as of its date, and the final Official Statement is, and at all times subsequent to the date of the final Official Statement up to and including the Closing will be, true and correct in all material respects, and the Preliminary Official Statement and the final Official Statement contain, and up to and including the Closing will -3- contain, no misstatement of any material fact and do not, and up to and including the Closing will not, omit any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. (d) Underwriter's Consent to Amendments and Supplements to Official Statement. The Agency will advise the Underwriter and the Financing Consultant promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The Agency will advise the Underwriter and the Financing Consultant promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (e) No Breach or Default. As of the time of acceptance hereof and as of the time of the Closing, except as otherwise disclosed in the Official Statement, the Agency is not and will not be in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the Agency is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument; and, as of such times, except as disclosed in the Official Statement, the authorization, execution and delivery of the Agency Documents and compliance with the provisions of each of such agreements or instruments do not and will not conflict with or constitute a breach of or default under any ; applicable constitutional provision, law or administrative rule or regulation of the .State or the United States, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the Agency (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, nor will any such authorization, execution; delivery or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of its assets or, properties or under the terms of any such law, regulation or instrument, except as may be provided by the Agency Documents. (f) No Litigation. As of the time of acceptance hereof and the Closing, except as disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened (i) in any way questioning the corporate existence of the Agency or the titles of the officers of the Agency to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or the Agency Documents or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the Agency and its authority to pledge the fledged Revenues; (iii) which may result in any :material adverse change relating to -4- the Agency; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the final Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the final Official Statement contained any untrue statement of a.material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. (g) Preliminary Official Statement. For purposes of the Rule, the Agency has heretofore deemed final the Preliminary Official Statement prior to its use and distribution by the Underwriter, except for the information specifically permitted to be omitted by paragraph (b)(1) of the Rule. The Agency has never failed to comply timely with any filing requirements under the Rule. (h) Excess Surplus. The Agency's. Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Law does not, on the date hereof, contain an "excess surplus" (within the meaning of Section 33334.12 of the Law) that would cause the Agency to be subject to the sanctions contained in Section 33334.12(e)(1) of the Law. (i) Arbitrage Certificate. The Agency has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certificates may not be relied upon. Section 7. Authority. Representations, Warranties and Covenants. The 'Authority represents, warrants and covenants to the Underwriter and the Financing Consultant that. (a) Due Organization and Existence. of Authority. The Authority is a joint powers authority, duly organized and existing, and authorized to transact business and exercise powers under and pursuant to the provisions of the laws of the State of California and has, and on Closing date will have, full legal right, power and authority to enter into this Purchase Agreement, and to carry out and to consummate the transactions contemplated by this Purchase Agreement. (b) Official Statement Accurate and Complete. The information relating to the Authority contained in the Preliminary Official Statement and the final Official Statement is correct in all material respects and does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. (c) Purchase and Sale of Bonds. The Bonds will be purchased and sold by the Authority pursuant to the Mark -Roos Local Bond Pooling Act of 1985, constituting Article 4 of Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "JPA Act"). -5- (d) Compliance with Law. The Authority has complied, and will on the Closing Date be in compliance, in all respects, with the JPA Act and all other applicable laws of the State of California. Section 8. Closing Conditions. The Underwriter has entered into this Purchase Agreement in . reliance upon the representations, warranties and covenants herein and the performance by the Agency of their respective obligations hereunder, both as of the date hereof and as of the date of the Closing. The Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds shall be subject to the following additional conditions: (a) Bring -Down Representation. The representations, warranties and covenants of the Authority and the Agency contained herein shall be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of the Closing. (b) ,Executed Agreements and Performance Thereunder. At the time of the Closing (i) the Agency Documents shall be in full force and effect, and shall not have been amended, modified or supplemented except, with the written consent of the Underwriter and (ii) there shall be in full force and effect such resolutions of the Agency and the Authority (the "Resolutions ") as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated by this Purchase Agreement, the Official Statement and the Agency Documents. (c) Closing Documents. At or prior to the Closing, the Underwriter shall receive each of the documents identified in Section 9. Section 9. Closing Documents. In addition to the other conditions to the Underwriter's obligations under this. Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the Underwriter shall receive each of the following documents, provided that the actual payment for the Bonds by the Underwriter and the acceptance of delivery thereof shall be conclusive evidence that the requirements of this Section 9 shall have been satisfied or waived by the Underwriter. (a) Bond Counsel Opinion. An approving; opinion of Bond Counsel dated the date of the Closing and substantially in the form appended to the Official Statement, together with a letter from such counsel, dated the date of the Closing and addressed to the Underwriter and to the. Financial Consultant, to the effect that the foregoing opinion may be relied upon by the Underwriter and the Financial Consultant to the same extent as if such opinion were addressed to it. (b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter and the Financial Consultant, dated the date of the Closing substantially to the following effect: (i) This Purchase Agreement has been duly authorized, executed and delivered by the Agency and the Authority, as applicable, and constitute the -6- valid, legal and binding agreements of the Agency and the Authority, as applicable, enforceable in accordance with its terms. (ii) The statements contained in the Official Statement (including the cover page and the Appendices thereto), insofar as such statements purport to summarize certain provisions of the Bonds, the Indenture or federal tax law, accurately summarize the information presented therein; provided that Bond Counsel need not express any opinion with respect to any financial or statistical information contained therein. (iii) The Agency's obligations under the Indenture are exempt from registration under the Securities Act of 1933, as amended, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended. (c) Agency Counsel Opinion. An opinion of Counsel to the Agency, dated the date of the Closing and addressed to the Underwriter and the Financial Consultant substantially to the following effect: (i) The Agency is a public body corporate and politic duly organized and validly existing under the laws of the State of California. (ii) The resolution of the Agency approving and authorizing the execution and delivery of the Agency Documents and approving the Official Statement (the "Agency Resolution') was duly adopted at a meeting of the Agency which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout, and the Agency Resolution is in full force and effect and has not been modified, amended or rescinded. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such counsel after due inquiry, there is no litigation, proceeding, action, suit, . or investigation at law or in equity before or by any court, governmental agency or body, pending or threatened against the Agency, challenging the creation, organization or existence of the Agency, or the validity of the Agency Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the Agency Documents or contesting the authority of the Agency to enter into or perform its obligations under any of the Agency Documents, or under which a determination adverse to the Agency would have a material adverse effect upon the financial condition or the revenues of the Agency, or which, in any manner, questions the right of the Agency to use the Pledged Revenues for repayment of the Bonds or affects in any manner the right or ability of the Agency to collect or pledge the Pledged Revenues. (d) Authority. Counsel Opinion. An opinion of Counsel to the Authority, dated the Closing Date and addressed to the Underwriter and the Financial Consultant, substantially to the effect that: -7- (i) The Authority is a public body, corporate and politic, organized and existing under the laws of the State, including the JPA Act. (ii) The resolution of the Authority approving and authorizing the execution and delivery of this Purchase Agreement (the "Authority Resolution "), and certain other matters relating to the refunding of Agency and Authority obligations, was duly adopted at a meeting of the Authority which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout and the Authority Resolution is in full force and effect and has not been modified, amended or rescinded (iii) To the best of such counsel's knowledge after due investigation, there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or threatened against or affecting the Authority to restrain or enjoin the .Authority's participation in, or in any way contesting the existence of the Authority or the powers of the Authority with respect to the transactions contemplated by this Purchase Agreement. (e) Trustee Counsel Opinion. The opinion of counsel to the Trustee, dated the date of the Closing, addressed to the Underwriter and the Financial Consultant, substantially to the effect that: (i) The Trustee is a national banking association, duly organized and validly existing under the laws of. the United States of America, having full power to enter into, accept and administer the trust created under the Indenture.. (ii) The Indenture has been duly authorized, executed. and delivered by the Trustee and the Indenture constitutes the legal, valid and binding obligation of the Trustee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application ,of equitable principles, if equitable remedies are sought. (iii) No consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Trustee that has not been obtained is or will be required for the execution and delivery of the Indenture or the consummation of the transactions contemplated by the Indenture. (f). Agency Certificate. A certificate of the Agency, dated the date of the Closing, signed on behalf of the Agency by the Executive Director or other duly authorized officer of the Agency to the effect that: (i) The representations, warranties and covenants of the Agency contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the Agency has -8- complied with all of the terms and conditions of this Purchase Agreement required to be complied with by the Agency at or prior to the date of the Closing. (ii) No event affecting the Agency has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in. the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental agency or body, pending or threatened against the Agency, challenging the creation, organization or existence of the Agency, or the validity of the Agency Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the Agency Documents or contesting the authority of the Agency to enter into or perform its obligations under any of the Agency Documents, or under which a determination adverse to the Agency would have a material adverse effect upon the financial condition or the revenues of the Agency, or which, in any manner, questions the right of the Agency to use the Pledged Revenues for repayment of the Bonds or affects in any manner the right or ability of the Agency to collect or pledge the Pledged Revenues. (g) Authority Certificate. A certificate of the Authority, dated the date of the Closing, signed on behalf of the Authority by the Executive Director or other duly authorized officer of the Authority to the effect that: (i) The representations, warranties and covenants of the Authority contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the Authority has complied with all of the terms and conditions of this Purchase Agreement required to be complied with by the Authority at or prior to the date of the Closing. . (ii) No event affecting the Authority has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental Authority or body, pending or threatened against the Authority, challenging the creation, organization or existence of the Authority, or the validity of this Purchase Agreement or contesting the authority of the "I2 Authority to enter into or perform its obligations under this Purchase Agreement. (h) Trustee's Certificate. A certificate of the Trustee, . dated the date of Closing, in form and substance acceptable to counsel for the Underwriter, to the following effect: (i) The Trustee is duly organized and existing as a national banking association in good standing under the laws of the United States of America, having the full power and authority to enter into and perform its duties under the Indenture. (ii) The Trustee is duly authorized to enter into the indenture. (iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental agency, public board or body pending against the Trustee or threatened against the Trustee which in the reasonable judgment of the Trustee would affect the existence of the Trustee or in any way contesting or affecting the validity or enforceability of the Indenture or contesting the powers of the Trustee or its authority to enter into and perform its obligation under the Indenture. (i) Documents. An original executed copy of each of the Agency Documents and a certified copy of each of the Resolutions. () Municipal Bond Insurance Policy. A copy of the Policy, as duly executed and delivered by the insurer. (k) Financing Consultant Certificate. A certificate, dated the date of Closing, signed by a duly authorized official of the Financing Consultant addressed to the Agency and the Underwriter to the effect, that, in connection with the preparation of the Official Statement, nothing has come to the attention of the Financing Consultant that would lead it to believe that the statements and information contained. in the Official Statement as of the date thereof and the date of the Closing, contains an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, riot misleading; (1) Disclosure Counsel Letter. An opinion of disclosure counsel to the Agency (the "Disclosure Counsel "), dated the date of the Closing, addressed to the Agency, the Underwriter and the Financial Consultant, substantially to the effect that the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and that the Indenture is exempt from qualifications pursuant to the Trust Indenture Act of 1939, as amended. In addition, such counsel shall state in its letter containing the foregoing opinion to the effect that based upon its participation in the preparation of the Official Statement -10- and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein and the information included in the Appendices thereto, excluding information relating to the Insurer and the Policy and excluding information relating to DTC, as to which no advice need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (m) Ratings. Evidence that the Bonds have been rated . "AAA" by Standard & Poor's Ratings Service and "Aaa" by Moody's Investors Service. (n) Consent of Redevelopment Consultant. A letter of Urban Futures, Inc. (the "Redevelopment Consultant") consenting to the references to it in the Official Statement, and stating that the information in the Official Statement referencing the Redevelopment Consultant as its source is true and correct. (o) Additional. Documents. Such additional certificates, instruments and other documents as Bond Counsel, the Agency, the Underwriter or the Financial Consultant may reasonably deem necessary. If the Agency or the Authority shall be unable to satisfy the conditions contained in this Purchase Agreement, or if the obligations of the Underwriter shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the Agency or the Authority shall be under further obligation hereunder, except as further set forth in Section 10 hereof. Section 10. Termination Events. The Underwriter shall have the right to terminate this Purchase Agreement, without liability therefor, by notification to the Agency and the Authority if at any time between the date hereof and prior to the Closing: (a) any event shall occur which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for -11- consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the Agency, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be ;issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and as then in effect; or (e) _ additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium shall have been established by federal or State authorities; or (g) the United States has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak of hostilities or a national or international calamity or crisis, or there has occurred any escalation of existing hostilities, calamity or crisis, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or -12- (h) any rating of the Bonds shall have been downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (i) the commencement of any action, suit or proceeding described in Section 6(f) hereof which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or 0) there shall be in force a general suspension of trading on the New York Stock Exchange, Section 11. Expenses. The Underwriter shall be under no obligation to pay and the Agency shall pay or cause to be paid the expenses incident to the performance of the obligations of the Agency and the Authority hereunder including but not limited to (a) the costs of the preparation and printing, or other reproduction (for distribution on or prior to the date hereof) of the Agency Documents and the cost of preparing, printing, issuing and delivering the definitive Bonds, (b) the fees and disbursements of any counsel, accountants or other experts or consultants retained by the Agency; (c) the fees and disbursements of Financial Consultant, Bond Counsel and. Disclosure Counsel; (d) the cost of printing the Preliminary Official Statement and any supplements and amendments thereto and the cost of printing the Official Statement, including the requisite number of copies thereof for distribution by the Underwriter; (e) charges of rating agencies for the rating of the Bonds; and (f) the premium payable to the Insurer in consideration of the issuance by the Insurer of the Policy. The Underwriter shall pay and the Agency shall be under no obligation to pay all expenses incurred by it in connection with the public offering and distribution of the Bonds, the fees of the California Debt and Investment Advisory Commission and the CUSIP Service Bureau charge for the assignment of CUSIP numbers to the Bonds. Section 12. Notice. Any notice or other communication to be given to the Agency and the Authority under this Purchase Agreement may be given by delivering the same in writing to such entity at the address set forth above. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to: Section 13. Entire Agreement. This Purchase Agreement, when accepted by the Agency and the Authority, shall constitute the entire agreement between the Agency, the Authority and the Underwriter and is made solely for the benefit of the Agency, the Authority and the Underwriter (including the successors or assigns of any Underwriter). No other person shall acquire or have any right hereunder by virtue hereof, except as provided herein. All the Agency's and the Authority's representations, warranties and covenants in this Purchase Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter. Section 14. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. -13- Section 15. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. Section 16. State of California Later Governs. The validity, interpretation and performance of this Purchase Agreement shall be governed by the lags of the State. -14- Section 17. No Assignment. The rights and obligations created by this Purchase Agreement shall not be subject to assignment by the Underwriter, the Authority or the Agency without the prior written consent of the other parties hereto. Accepted as of the dale first stated above: BALDWIN PARK PUBLIC FINANCING AUTHORITY BALDWIN PARK REDEVELOPMENT AGENCY 0 _15_ In APPENDIX A Maturity Date Principal Interest (September_l) Amount Rate Yield A -1 APPENDIX B RULE 15c2 -12 CERTIFICATE The undersigned hereby certifies and represent to (the "Underwriter") that she is a duly appointed and acting officer of the Baldwin Park Redevelopment Agency (the "Agency"), and as such is to execute and deliver this Certificate and further hereby certify and reconfirm on behalf of the Agency to the Underwriter as follows: III (1) This Certificate is delivered to enable the Underwriter to comply with Securities and Exchange Commission Rule 15c2 -12 under the Securities Exchange Act of 1934 (the "Rule ") in connection with the offering and sale of the Agency's Merged Redevelopment Project 2000 Tax Allocation Refunding Bonds (the "Bonds "). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement, setting forth information concerning the Bonds and the issuer of the Bonds (the "Preliminary Official Statement'). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters and the identity of the underwriter(s), all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions, deemed final within the meaning of the Rule and has been, and the information therein is accurate and complete except for the Permitted Omissions. r (5) If, at any time prior to the execution of the final contract of purchase, any event occurs as a result of which the Preliminary Official Statement might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Agency shall promptly notify the underwriter thereof. IN WITNESS WHEREOF, we have hereunto set our hands as of the day of May, :_ BALDWIN PARK REDEVELOPMENT AGENCY M Executive Director ATTACHMENT #4 PRELIMINARY OFFICIAL STATEMENT- DRAFT AS OF MAY 8, 2000 NEW ISSUE - BOOK -ENTRY ONLY RATINGS Standard & Poor's: Moody's: — (See "CONCLUDING INFORMATION - Ratings on the Bonds" herein) In the opinion of Jones Hall, A Professional Law Corporation, San Francisco, California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, subject, however, to certain qualifications described herein, the interest on the Bonds is excluded from gross income for federal income tax purposes, and such interest is not an item of talc preference for purposes of federal alternative minimum taxes imposed on individuals and corporations, although for the purpose of computing the alternative minimum tax imposed on certain corporations, such interest is taken into account in determining certain income and earnings. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes. See "LEGAL MATTERS - Tax Exemption " herein. LOS ANGELES COUNTY STATE OF CALIFORNIA $10,000,000* BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT AREA 2000 TAX ALLOCATION REFUNDING BONDS Dated: June 1, 2000 Due: September 1 As Shown On The Inside Cover Page Hereof. The cover page contains certain information for quick reference only. It is not a summary of the issue. Potential investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. See "BONDOWNERS' RISKS" herein for a discussion of special risk factors that should be considered in evaluating the investment quality of the Bonds. Interest on the Bands is payable commencing on March 1, 2001, and semiannually thereafter on March 1 and September 1 of each year until maturity or earlier sinking fund or optional redemption (see "THE BONDS - General Provisions" and "THE BONDS - Redemption" herein). The scheduled payment of principal of and interest on the Bonds when due will be guaranteed under an insurance policy to be issued concurrently with the delivery of the Bonds by See "SOURCES OF PAYMENT FOR THE BONDS - Bond Insurance" herein. [LOGO] The information contained within this Official Statement was prepared under the direction of the Agency by the following firxza serving as Financing Consultant to the Agency. ROD GUNN ASSOCIATES, INC. A DETAILED MATURITY SCHEDULE IS SET FORTH ON THE INSIDE COVER PAGE HEREOF The Bonds are payable solely from certain tax revenues of the Baldwin Parr Redevelopment Agency (the "Agency ") as described herein and certain other funds held under the indenture (see "SOURCES OF PAYMENT FOR THE BONDS ", "BONDOWNERS' RISKS" and "DEBT STRUCTURE" herein). It is anticipated that the Bonds will be available for delivery in New York, New York, on or about June 27, 2000 for deposit with The Depository Trust Company (see "THE BONDS - General Provisions - Book -Entry Only System" herein). The Bands are being offered when, as and if issued, subject to the approval as to their legality by Jones Hall, A Professional Law Corporation, San Francisco, California, Bond Counsel. Certain legal matters will be passed on for the Agency by Alvarez- Glasman & Colvin, West Covina, California, Agency Counsel and by California, as Disclosure Counsel. The date of the Official Statement is , 2(XX). * Preliminary, subject to change. $10,000,000* BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT AREA 2000 TAX ALLOCATION REFUNDING BONDS MATURITY SCHEDULE $ Serial Bonds Maturity Date Principal Interest Reoffering September 1 Amount Rate Yield $ % Term Bonds due September 1, , Price % * Preliminary, subject to change. (Plus Accrued Interest from .Tune 1, 2000) ii BALDWIN PARK REDEVELOPMENT AGENCY BALDWIN PARK, CALIFORNIA AGENCY GOVERNING BOARD AND CITY COUNCIL Manuel Lozano, Chairperson and Mayor Ricardo Pacheco, Vice Chair and Mayor Pro Tem Bill Van Cleave, Member and Councilperson Linda Gair, Member and Councilperson Marlen Garcia, Member and Councilperson CITY AND AGENCY STAFF Dayle Keller, Chief Executive Officer and Executive Director Jose Sanchez, Interim Director of Finance and Secretary Rick Forintos, Interim Director of Community Development Kathryn Tizcareno, City Clerk PROFESSIONAL SERVICES Bond Counsel Jones Hall, A Professional Law Corporation San Francisco, California Disclosure Counsel California Agency Counsel Alvarez- Glasman & Colvin West Covina, California Financing Consultant Rod Gunn Associates, Inc. Seal Beach, California Underwriter Trustee and Escrow Bank U.S. Bank Trust National Association Los Angeles, California FOR ADDITIONAL INFORMATION City of Baldwin Park, California (626) 960 - 401.1, Ext. 110 Rod Gunn Associates, Inc. (562) 598 -7677 iii TABLE OF CONTENTS INTRODUCTORY STATEMENT .................... I TheIssuer .................. ............................... 1 Security and Sources of Repayment ................... 1 Purpose.. . ................................................. 2 The Refunding Program . ............................... 2 TheBonds .................. ............................... 3 LegalMatters .............. ............................... 4 Professional Services ..... ............................... 4 Offering of the Bonds .... ............................... 4 Information Concerning this Official Statement..... 5 THE BONDS ................ ............................... 7 General Provisions ........ ............................... 7 Authorization .............. 9 Estimated Sources and Uses of Funds ................ 9 Redemption ................. .............................10 SOURCES OF PAYMENT FOR THE BONDS-12 Pledge of Tax Revenues .. .............................12 Reserve Account ........... .............................12 BONDOWNERS' RISKS . .............................13 Factors Which May Affect Tax Revenues ..........13 Legislation Affecting Redevelopment Agencies ....15 Secondary Market.. . ..... ............... ... 16 Loss of Tax Exemption ... .............................16 Projected Tax Revenues Assumptions and Bond Retirement ................ .............................16 THE AGENCY .............. .............................19 Government Organization .............................19 Agency Powers ............. .............................19 Redevelopment Plans ...... .............................20 Plan Limitations ............ .............................21 Low and Moderate Income Housing .................21 THE MERGED REDEVELOPMENT PROJECT AREA ......... .............................22 Description of the Merged Redevelopment Project Area .............. .............................22 Assessed Valuations ....... .............................24 Major Taxpayers ............ .............................27 Assessment Appeals ....... .............................28 Tax Collections ............. .............................28 tv DEBT STRUCTURE .... ............................... 29 Outstanding Indebtedness of the Agency ........... 29 Tax Sharing Agreements .............................. 30 Statutory Tax Sharing .. ............................... 31 Scheduled Debt Service on Bonds ................... 33 Additional Agency Indebtedness ..................... 34 SUMMARY OF THE INDENTURE ................ 36 Establishment of Funds . ............................... 36 Investment of Funds .... ............................... 37 Other Covenants of the Agency ...................... 38 Amendment of Indenture .............................. 39 Events of Default and Remedies ..................... 39 Defeasance of Bonds .... ............................... 40 FINANCIAL INFORMATION ...................... 42 Agency Budgetary Process and Administration ... 42 Public Employee Salaries and Benefits ............. 42 Agency Accounting Records and Financial Statements .............. ............................... 42 Tax Increment Revenues .............................. 44 LEGAL MATTERS ..... ............................... 49 Enforceability of Remedies ........................... 49 Approval of Legal Proceedings ...................... 49 Tax Exemption .......... ............................... 49 Absence of Litigation ... ............................... 50 CONCLUDING INFORMATION ................... 51 Ratings on the Bonds ... ............................... 51 The Financing Consultant ............................. 51 Underwriting ............. ............................... 51 Verifications of Mathematical Computations ...... 51 Additional Information . ............................... 52 References ................ ............................... 52 Execution ................. ............................... 52 DEFINITIONS OF CERTAIN TERMS ........... A -1 CITY OF BALDWIN PARK INFORMATION STATEMENT ......... ............................... B -1 AGENCY AUDITED FINANCIAL STATEMENTS ........ ............................... C -1 FORM OF CONTINUING DISCLOSURE CERTIFICATE .......... ............................D -1 FORM OF BOND COUNSEL OPINION......... E -1 VICINITY MAP OFFICIAL STATEMENT $10,0009000* BALDWTN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT AREA 2000 TAX ALLOCATION REFUNDING BONDS This Official Statement which includes the cover page and appendices (the "Official Statement ") is provided to furnish certain information concerning the sale of the Baldwin Park Redevelopment Agency Merged Redevelopment Project Area 2000 Tax Allocation Refunding Bonds (the "Bonds "), in the aggregate principal amount of $10,000,000 *. -.0, This Introductory Statement contains only a brief description of this issue and does not purport to be complete. The Introductory Statement is subject in all respects to more complete information in the entire Official Statement and the offering of the Bonds to potential investors is made only by means of the entire Official Statement and the documents summarized herein. Potential investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision (see "BONDDWNERS' RisKs" herein). The Issuer The Agency. The Baldwin Park Redevelopment Agency (the "Agency ") is a public body, corporate and politic, existing under and by virtue of the Community Redevelopment Law of the State, constituting Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State .(the "Redevelopment Law"). The Agency was activated by the City Council of the City of Baldwin Park in January, 1974. The City Council, at the same time, declared itself to be the members of the Agency and appointed the City Manager to be the Agency's Executive Director (see "THE AGENcYll herein). The City. The City of Baldwin Park (the "City") was incorporated in 1957 as a general law City and operates under the council- manager form of government.` The City encompasses seven square miles and is located at the base of the foothills of the San Gabriel Mountains, in Los Angeles County, California (see "APPENDIX B - CITY OF BALDWIN PARK INFORMATION STATEMENT" herein). Security and Sources of Repayment The Bonds. The Bonds are issued and secured under an Indenture of Trust, dated as of June 1, 2000 (the "Indenture "), by and between the Agency and U.S. Bank Trust National Association, Los Angeles, California, as Trustee (the "Trustee ") (see "SUMMARY OF TITS INDENTORE" herein)., * Preliminary, subject to change. Pursuant to the Indenture, the Agency has pledged to the repayment of the Bonds (and has secured by a lien on) Tax Revenues, as defined herein. Tax Revenues consist of tax increment revenues allocated to the Agency pursuant to Section 33670 of the Redevelopment Law ( "Tax Increment Revenues ") for the Agency's Merged Redevelopment Project Area (the "Project Area "), including, pursuant to Section 33485 et seq. of the Redevelopment Law, that portion of Tax Increment Revenues otherwise required to be deposited in the Agency's Low and Moderate Income Housing Fund, but excluding (i) that portion of such Tax Increment Revenues required to be paid under the Tax Sharing Agreements, (ii) that portion of the Tax Increment Revenues allocable to the San Gabriel River Redevelopment Project Area and pledged to the payment of the Agency's San Gabriel River Project Loan and (iii) that portion of the Tax Increment Revenues allocable to the Puente - Merced Redevelopment Project Area and pledged to the payment of the Agency's Puente- Merced Refunding Loan (see "THE AGENCY - Low and Moderate Income Housing ", "DEBT STRUCTURE — Outstanding Indebtedness of the Agency" and "Tax Sharing Agreements ", "FINANCIAL INFORMATION - Tax Increment Revenues" and "BONDOWNERS' RISKS" herein). The Agency does not anticipate that there will be any Tax Increment Revenues of the Puente - Merced Redevelopment Project Area available after the payment of debt service on the Puente- Merced Refunding Loan, and accordingly, such amounts have been excluded from the projections of Tax Revenues herein. The Merged Redevelopment Project Area. The Merged Redevelopment Project Area was created on May 26, 2000 pursuant to an amendment to the redevelopment plans for five of the Agency's six existing redevelopment projects. It encompasses a total of 788 acres of residential, commercial, industrial and institutional land uses (see "THE MERGED REDEVELOPMENT PROTECT AREA" herein). The Bonds are limited obligations of the Agency. The Bonds do not constitute a debt or liability of the City of Baldwin Park, the County of Los Angeles, the State of California or of any political subdivision thereof, other than the Agency. The Agency shall only be obligated to pay the principal of the Bonds, or the interest thereon, from the funds described herein, and neither the faith and credit nor the taxing power of the City of Baldwin Park, the County of Los Angeles, the State of California or any of its political subdivisions is pledged to the payment of the principal of or the interest on the Bonds. The Agency has no ad valorem taxing power. Purpose The Bonds are being issued to provide funds to refund certain existing indebtedness incurred by the Agency, to establish a reserve account and to pay the expenses of the Agency in connection with the issuance of the Bonds (see "The Refunding Program" below and "THE BONDS - Estimated Sources and Uses of Funds" herein). The Refunding Program The Agency has the following indebtedness outstanding secured by a lien on Tax Revenues: • San Gabriel River Project Area, 1998 Project Loan Agreement • San Gabriel River Project Area, 1998 Housing Loan Agreement a Puente- Merced Project Area, 1990 Loan Agreement • West Ramona Boulevard Project Area, 1989 Tax Allocation Refunding Bonds • Delta Project Area, Delta Assessment District 86 -2 Improvement Bonds • Sierra Vista Project Area, 1994 Loan Agreements 2 On the Delivery Date, a portion of the proceeds of the Bonds, together with certain other funds, will be deposited in trust with U.S. Bank Trust National Association, Los Angeles, California as escrow holder (the "Escrow Bank ") pursuant to the Indenture and an escrow deposit and trust agreement, dated June 1, 2000, between the Agency and the Escrow Bank (the "Escrow Agreement "). The deposit will be in an amount sufficient to pay principal and interest on the Prior Bonds (as defined below) through and including their respective redemption dates and to pay the redemption price with respect to the remaining Prior Bonds on their respective redemption dates. The lien of the Prior Bonds created by the instruments pursuant to which such Prior Bonds were issued, including, without limitation, the pledge of the Tax Revenues to repay the Prior Bonds, will be discharged, terminated and of no further force and effect upon the deposit with the Escrow Bank of the amounts required pursuant to the Escrow Agreement (see "CONCLUDING INFORMATION - Verifications of Mathematical Computations" and "THE BONDS - Estimated Sources and uses of Funds -- Transfer to Escrow Bank" herein). The San Gabriel River Project Area 1998 Project Loan Agreement (the "San Gabriel River Project Loan ") and the Puente - Merced Project Area 1990 Loan Agreement (the "Puente- Merced Loan ") will remain outstanding are secured by a first and senior pledge of and lien on the Tax Increment Revenues of the San Gabriel River Project Area and Puente - Merced Project Area, respectively. The San. Gabriel River Project Area 1998 Housing Loan Agreement, the West Ramona Boulevard Project Area 1989 Tax Allocation Refunding Bonds, the Delta Assessment District 86 -2 Improvement Bonds and the Sierra Vista Project Area 1994 Loam. Agreements are collectively referred to as the "Prior Bonds ". The Bonds Redemption. The Bonds maturing September 1, 2030 are subject to mandatory redemption, without premium, prior to their maturity date, in part by lot on September 1 in each year commencing September 1, , from Sinking Fund payments under the Indenture (see "THE BONDS - Redemption - Mandatory Sinking Fund Redemption" herein). The Bonds maturing on or after September 1, are subject to optional redemption prior to maturity, in whole or in part, in a manner determined by the Agency, on September 1, , and on any date thereafter at a redemption price equal to the principal amount thereof, plus accrued interest to the date of redemption, plus a premium, as described herein (see "THE BONDS - Redemption - Optional Redemption" herein). Denominations. The Bonds will be issued in the minimum denomination of $5,000 each or any integral multiple thereof (see "THE BONDS - General Provisions" herein). Registration, Transfer and Exchange. The Bonds will be issued in fully registered forrn without coupons. Any Bond may, in accordance with its terms, be transferred or exchanged, pursuant to the provisions of the Indenture (see "THE BONDS - General Provisions Transfer or Exchange of Bonds" herein). When delivered, the Bonds will be registered in the name of The Depository Trust Company, New York, New York ( "DTC "), or its nominee. DTC will act as securities depository for the Bonds. Individual purchases of Bonds will be made in book- -entry form only and purchasers of the Bonds will not receive certificates representing their Bonds purchased (see "THE BONDS - General Provisions - Book -Entry Only System" herein). Initially, interest on and principal and premium, if any, of the Bonds will be payable when due by wire of the Trustee to DTC which will in turn remit such interest, principal, and premium, if any, to DTC Participants (as defined herein), which will in turn remit such interest, principal, and premium, if any, to Beneficial Owners (as defined herein) of the Bonds (see "THE BONDS - General Provisions - Book -Entry Only System" herein). Payment. Principal of the Bonds will be payable in each of the years and in the amounts set forth on the inside cover page hereof upon surrender at the corporate trust office or agency of the Trustee in St. Paul, Minnesota. Interest on the Bonds will be paid by check of the Trustee mailed by first class mail to the person entitled thereto (except as otherwise described herein for interest paid to an account in the United States of America by wire transfer as requested in writing no later than the applicable Record Date by an owner of $1,000,000 or more in aggregate principal amount of Bonds) (see "THE BONDS - General Provisions" herein). Notice. Notice of any redemption will be mailed by first class mail by the Trustee at least thirty (30) but no more that sixty (50) days prior to the dated fixed for redemption to the registered owners of any Bonds designated for redemption and to the Securities Depositories and Information Services provided in the Indenture.. Neither failure to receive such notice nor any defect in the notice so mailed will affect the sufficiency of the proceedings for redemption of such Bonds or the cessation of accrual of interest on the redemption date (see "THE BONDS - Redemption — Notice of Redemption" herein). Legal Matters All legal proceedings in connection with the issuance of the Bonds are subject to the approving opinion of Jones Hall, A Professional Law Corporation, San Francisco, California, Bond Counsel. Such opinion, and certain tax consequences incident to the. ownership of the Bonds, including certain exceptions to the tax treatment of interest, are described more fully under the heading "LEGAL MATTERS" herein. Certain legal matters will be passed on for the Agency by Alvarez- Glasman & Colvin, West Covina, California, Agency Counsel and by California, as Disclosure Counsel. Professional Services U.S. Bank Trust National Association, Los. Angeles, California, will serve as. trustee (the,; "Trustee") under the Indenture. The Trustee will act on behalf of the Bondowners for the purpose of receiving 411 moneys required to be paid to the Trustee, to allocate, use and apply the same, to hold, receive and disburse the Tax Revenues and other funds held under the Indenture, and otherwise to hold all the offices and perform all the functions and duties provided in the Indenture to be held and performed by the Trustee. Rod Gunn Associates, Inc., Seal Beach, California, Financing Consultant, advised the Agency as to the financial structure and certain other financial matters relating to the Bonds. Fees payable to. Bond , Counsel, Disclosure Counsel, Underwriter's Counsel and the Financing Consultant are contingent upon the sale and delivery of the Bonds. The Agency's financial statements for the fiscal year ended June 30, 1999, attached hereto as "APPENDIX C" have been audited by Moreland & Associates, Certified Public Accountants, Newport Beach, California. Offering of the Bonds Authority for Issuance. The Bonds are to be issued and secured pursuant to the Indenture, as authorized by Resolution No. 351 of the Agency adopted on May 17, 2000. The Bonds are also issued in accordance with the laws of the State of California (the "State "), and particularly the Community Redevelopment Law of the State, constituting Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State (the "Redevelopment Law "). 4 Offering and Delivery of the Bonds. The Bonds are offered, when, as and if issued, subject to the approval as to their legality by Jones Hall, A Professional Law Corporation, San Francisco, California, Bond Counsel. It is anticipated that the Bonds will be available for delivery in New York, New York, on or about June 27, 2000. No dealer, broker, salesperson or other person has been authorized by the Agency, the Underwriter or the Financing Consultant to give any information or to make any representations in connection with the offer or sale of the Bonds described herein, other than as contained in this Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell nor the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale or to any person to whom it is unlawful to make such offer, solicitation or sale. In connection with the offering of the Bonds, the Underwriter may overallot or effect transactions which stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. The Underwriter may offer and sell the Bonds to certain dealers and dealer banks and banks acting as agent at prices lower than the public offering prices stated on the cover page hereof and said public offering prices may be changed from time to time by the Underwriter. Information Concerning this Official Statement This Official Statement speaks only as of its date. The information set forth .herein has been obtained by Rod Gunn Associates, Inc. from the Agency, the City and other sources which are believed to be reliable and such information is believed to be accurate and complete, but such information is not guaranteed as to accuracy or completeness, nor has it been independently verified and is not to be construed as a representation by the Financing Consultant. In addition, in accordance with its responsibilities under the federal securities law, the Underwriter has also reviewed the information in this Official Statement, but similarly, does not guaranty its accuracy or completeness. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or not expressly so described herein, are intended as such and are not to be construed as representations of fact. Preliminary Official Statement Deemed Final. The information set forth herein is in a form deemed final, as of its date, by the Agency and the City for the purpose of Rule 15c2 -12 under the Securities Exchange Act of 1934, as amended (except for the omission of certain information permitted to be omitted under the Rule). The information herein is subject to revision, amendment and completion in a Final Official Statement. The information and expressions of opinion herein are subject to change without notice and the delivery of this Official Statement shall not, under any circumstances, create any implication that there has been no change in the information or opinions set forth herein or in the affairs of the Agency or the City since the date hereof. Continuing Disclosure. The Agency will covenant to provide annually certain financial information and operating data relating to the Merged Redevelopment Project Area by not later than March 31 each year commencing March 31, 2001 and to provide the audited Financial Statements of the Agency for the fiscal year ending June 30, 2000 and for each subsequent fiscal year when they are available (together, the "Annual Report "), and to provide notices of the occurrence of certain other enumerated events. The Annual Report will be filed by the Trustee on behalf of the Agency with each Nationally Recognized Municipal Securities Information Repository certified by the Securities and Exchange Commission (the "Repositories ") and a State repository, if any. The notices of material events will be timely filed by the Agency with the Municipal Securities Rulemaking Board, the Repositories and a 5 State repository, if any. The specific nature of the information to be contained in the Annual Report or the notices of material events and certain other terms of the continuing disclosure obligation are summarized in "APPENDIX D - FORM OF CONTINUING DISCLOSURE CERTIFICATE ". The Agency has not failed to comply with any undertaking to provide any required continuing disclosure. Availability of Legal Documents. The summaries and references contained herein with respect to the Indenture, the Bonds and other statutes or documents do not purport to be comprehensive or definitive and are qualified by reference to each such document or statute, and references to the Bonds are qualified in their entirety by reference to the form thereof included in the Indenture. Definitions of certain terms used herein are set forth in "APPENDIX All hereto. Copies of the documents described herein are available for inspection during the period of initial offering of the Bonds at the offices of the Financing Consultant, Rod Gunn Associates, Inc., 3010 Old Ranch. Parkway, Suite 330, Seal Beach, California 90740, telephone (562) 598 -7677. Copies of these documents may be obtained after delivery of the Bonds from the Agency at 14403 E. Pacific Avenue, Baldwin Park, California 91706, telephone (626) 960 -4011, Ext. 110. 0 THEE BONDS General Provisions Repayment of the Bonds. Interest is payable on the Bonds at the rates per annum set forth on the inside cover page hereof. Interest with respect to the Bonds will be computed on the basis of a year consisting of 360 days and twelve 30 -day months. Each Bond will be dated as of Iune 1, 2000, and interest with respect thereto will be payable on February 1 and August 1 (each an "Interest Payment Date "), commencing March 1, 2001, and thereafter from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event interest with respect thereto will be payable from such Interest Payment Date; (b) it is authenticated on or before February 15, 2001, in which event interest with respect thereto will be payable from June 1, 2000; or (c) interest with respect to any Bonds is in default as of the date of authentication thereof, in which event interest with respect thereto will be payable from the date to which interest has previously been paid or made available for payment with respect to such Bond. Interest with respect to the Bonds will be payable by check of the Trustee mailed by first class mail on the applicable Interest Payment Date to the owners thereof provided that in the case of an owner of $1,000,000 or greater in principal amount of Outstanding Bonds, such payment may, at such owner's option, be made by wire transfer in immediately available funds to an account in the United States of America in accordance with written instructions provided prior to the applicable Record Date to the Trustee by such owner. The owners of the Bonds shown on the Registration Books (the "Owners" or "Bondowners ") on the Record Date for the Interest Payment Date will be deemed to be the Owners of the Bonds on said Interest Payment Date for the purpose of the paying of interest. Principal of the Bonds is payable upon presentation and surrender thereof, at the principal corporate trust office or agency of the Trustee in St. Paul, Minnesota. Book -Entry Only System. DTC will act as securities depository for the Bonds. The ownership of one fully registered Bond for each maturity in the amounts shown on the inside cover page hereof will be registered in the name of Cede & Co., as nominee for DTC. DTC is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC was created to hold securities of its participants (the "DTC Participants ") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book -entry charges in the accounts of the DTC Participants, thereby eliminating the need of physical movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations, some of whom (and /or their representatives) own DTC. Access to the DTC system is also available to others such as banks, brokers, dealers and trust companies that clear through or maintain a custodial relationship with a DTC Participant, either directly or indirectly (the "Indirect Participants ") . The DTC Participants shall receive a credit balance in the records of DTC representing ownership interests in the Bonds. The ownership interest of each actual purchaser of each Bond (the "Beneficial Owner ") will be recorded through the records of the DTC Participant. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of the Bond acquired. Transfers of ownership interests in the Bond will be accompanied by book - entries made by DTC and, in turn, by the DTC Participants who act on behalf of the Beneficial Owners. The Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except as specifically provided in the Indenture. So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references herein to the Owners or registered owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the Bonds. DTC may determine to discontinue providing its service with respect to the Bonds at any time by giving notice to the Agency and the Trustee and discharging its responsibilities with respect thereto under applicable law. Under such circumstances, Bond certificates are required to be delivered as described in the Indenture. The Beneficial Owners, upon registration of certificates held in the Beneficial Owner's name, will become the registered owners of the Bonds. The Agency may determine that continuation of the system of book -entry transfers through DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners. In such event, Bond certificates will be delivered as described in the Indenture. The Agency and the Trustee will recognize DTC or its nominee as the sole Bondowner for all purposes, including notices and voting. Conveyance of notices and other communications by DTC to DTC Participants, by DTC Participants to Indirect Participants and by DTC Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory and regulatory requirements as may be in effect from time to tune. Principal, Sinking Fund and interest payments with respect to the Bonds will be trade to DTC or its nominee, Cede & Co., as registered owner of the Bonds. Upon receipt of moneys, DTC's current practice is to immediately credit the accounts of the DTC Participants in accordance with their respective holdings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is now the case with municipal securities held for the accounts of customers in bearer form or registered in "street name ", and will be the responsibility of such DTC Participant or Indirect Participant and not of DTC, the Agency or the Trustee, subject to any statutory and regulatory requirements as may be in effect from time to titre. The Agency or the Trustee cannot and do not give any assurance that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (i) payments of interest or principal, on the Bonds, (ii) certificates representing an ownership interest in or other confirmation of ownership interests in the Bonds, or (iii) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will do so on a timely basis or that DTC, DTC Participants or Indirect Participants will service or act in the manner described in this Official Statement. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. Neither the Agency nor the Trustee will have any responsibility or obligations to the DTC Participants, the Indirect Participants or the Beneficial Owners with respect to (i) the accuracy of any records maintained by DTC or any DTC Participants or any Indirect Participants; (ii) the payment by DTC or any DTC Participants or any Indirect Participants of any amount due to any Beneficial Owner in respect of the principal amount, or interest on the Bonds; (iii) the delivery by DTC or any DTC Participants or any Indirect Participants of any notice to any Beneficial Owner which is required or permitted under the terms of the Indenture to be given to Bondowners; or (iv) any consent given or other action taken by DTC as the Bondowner. Transfer or Exchange of Bonds. Any Bond array, in accordance with its terms, be transferred or exchanged, pursuant to the provisions of the Indenture, upon surrender of such Bond for cancellation at the principal corporate trust office of the Trustee. Whenever any Bond or Bonds shall be surrendered for transfer or exchange, the Trustee shall authenticate and deliver a new Bond - or Bonds for like aggregate principal amount and of like maturity. The Trustee may require the payment by the Bondowner requesting such transfer or exchange of any tax or other governmental charge required to be paid with respect to such transfer or exchange. The Trustee is not permitted to transfer or exchange any Bonds or portions thereof during the period established by the Trustee for selection of Bonds for redemption, or any Bonds selected for redemption. Authorization The Bonds are to be issued and secured pursuant to the Indenture authorized by Resolution No. 351 of the Agency adopted on May 17, 2000. The Bonds are also issued in accordance with the laws of the State of California (the "State "), and particularly the Redevelopment Law. Estimated Sources and Uses of Funds Under the provisions of the Indenture, the Trustee will receive the proceeds from the sale of the Bonds and will apply them as follows: Sources of bands Principal Amount of Bonds $10;000,000* Original Issue Discount Underwriter's Discount Total Available Funds Uses of funds Transfer to Escrow Bank Redevelopment Fund Reserve Account {i> Costs of Issuance Fund (2) Total Use of Funds An amount equal to the Reserve Requirement.(see "SOURCES OF PAYMENT FOR THE BONDS - Reserve Account" herein). M Expenses include fees of Bond Counsel, the Financing Consultant, the Disclosure Counsel, Trustee and Escrow Bank, costs of' printing the Official Statement, bond insurance premiums and other costs of issuance of the Bonds. Transfer to Escrow Bank. Proceeds transferred to the Escrow Bank, together with funds on deposit with the trustee for the Prior Bonds and investment earnings thereon will be used to pay principal and interest on the Prior Bonds through and including their respective redemption dates and to redeem the remaining Prior Bonds on their respective redemption dates. * Preliminary, subject to change. Use of Proceeds Deposited in the Redevelopment Fund. The Agency expects to use the proceeds of the Bonds deposited in the Redevelopment Fund to fund economic development activities within the Merged Redevelopment Project Area including providing assistance to a discount retailer and assisting with public improvements relating thereto. The Agency may, in its discretion, finance other redevelopment activities within or of benefit to the Redevelopment Project. Redemption Optional Redemption. The Bonds maturing on or after September 1, are subject to redemption prior to maturity at the option of the Agency on any date on or after September 1, , as a whole or in part among maturities designated by the Agency and by lot within a maturity, from any source of available funds at a redemption price equal to the principal amount thereof to be redeemed, plus a premium, (expressed as a percentage of the principal amount of Bonds to be redeemed) together with accrued interest thereon to the date fixed for redemption as follows: Redemption Periods Redemption Prices September 1, 20_ through July 31, 20— 102.0% September 1, 20_ through July 31, 20� 101.0% September 1, 20_ and thereafter 100.0% IMandatory Sinking Fund Redemption. The Bonds maturing on September 1, 2030 (the "Terra Bonds ") are subject to mandatory redemption, in part by lot, on September 1 in each year commencing September 1, , from mandatory Sinking Fund payments at a redemption price equal to the principal amount thereof to be redeemed, without premium, plus accrued interest thereon to the date of redemption in the aggregate principal amounts and on September 1 in the years as set forth in the following schedule; provided, however, that (i) in lieu of redemption thereof, the Bonds may be purchased by the Agency and tendered to the Trustee pursuant to the provisions of the Indenture, and (ii) if some but not all of the Bonds have been redeemed pursuant to the optional or special mandatory redemption provisions described herein, the total amount of all future Sinking Fund payments will be reduced by the aggregate principal amount of the Bonds so redeemed, to be allocated among such Sinking Fund payments in inverse order of payment in the event of a special redemption and among payments as determined by the Agency in the event of an optional redemption in integral multiples of $5,000 as determined by the Agency. 10 SCHEDULE OF MANDATORY SINKING FUND REDEMPTIONS TERM BONDS MATURING SEPTEMBER 1, 2030 September 1 Principal Year Amount Notice of Redemption. When redemption is authorized or required, the Trustee is required to give written notice of the redemption of Bonds to the Bondowners designated for redemption at their addresses appearing on the bond registration books, to certain Securities Depositories, and to one or more Information Services, all as provided in the Indenture, by first class mail, postage prepaid, no less than thirty (30), nor more than sixty (60), days prior to the date fixed for redemption. Such mailing will not be a condition precedent to such redemption, and neither failure to receive such notice nor any defect in the notice so mailed will affect the validity of the proceedings for redemption of such Bonds or the cessation of accrual of interest on the redemption date. Effect of Redemption. The rights of an Owner to receive interest will terminate on the date, if any, on which the Bond is to be redeemed pursuant to a call for redemption. The Indenture contains no provisions requiring any publication of notice of redemption, and Bondowners must maintain a current address on file with the Trustee to receive any notice of redemption. Partial Redemption. In the event only a portion of any Bond is called for redemption, then upon surrender of such Bond the Agency will execute and the Trustee will authenticate and deliver to the Owner thereof, at the expense of the Agency, a new Bond or Bonds of the same interest rate and maturity, of authorized denominations in an aggregate principal amount equal to the unredeemed portion of the Bond to be redeemed. 11 SOURCES OF PAYMENT FOR THE BONDS Pledge of Tax Revenues The Tax Revenues are pledged to the payment of principal of and interest on the Bonds pursuant to the Indenture until the Bonds have been paid, or until moneys have been set -aside irrevocably for that purpose. The Trustee will covenant to exercise such rights and remedies as may be necessary to enforce the payment of the Tax Revenues when due under the Indenture and otherwise to protect the interests of the Bondowners in the event of default by the Agency. The Bonds are limited obligations of the Agency. The Bonds do not constitute a debt or liability of the City of Baldwin Park, the County of Los Angeles, the State of California or of any political subdivision thereof, other than the Agency. The Agency shall only be obligated to pay the principal. of the Bonds, or the interest thereon, from the funds described herein, and neither the faith and credit nor the taxing power of the City of Baldwin Park, the County of Los Angeles, the State of California or any of its political subdivisions is pledged to the payment of the principal of or the interest on the Bonds. The Agency has no ad valorem, taxing power. The Agency has irrevocably pledged the Tax Revenues, as defined herein, of the Merged Redevelopment Project Area to the repayment of the Bonds. Such pledge is secured by a security interest in and lien on the Tax Revenues created by the Indenture. Such Tax Revenues consist of tax increment revenues allocated to the Agency's Merged Redevelopment Project Area pursuant to Section 33670 of the Redevelopment Law, including, pursuant to Section 33485 et seq. of the Redevelopment Law, that portion of Tax Increment Revenues otherwise required to be deposited in the Agency's Low and Moderate Income Housing Fund, but excluding (i) that portion of such Tax Increment Revenues required to be paid under the Tax Sharing Agreements, as defined herein, (ii) that portion of the Tax Increment Revenues allocable to the San Gabriel River Redevelopment Project Area and pledged to the payment of the Agency's San Gabriel River Project Loan and (iii) that portion of the Tax Increment Revenues allocable to the Puente - Merced Redevelopment Project Area and pledged to the payment of the Agency's Puente - Merced Loan (see "DEBT STRUCTURE - Outstanding Indebtedness of the Agency" and "Tax Sharing Agreements ", "THE AGENCY - Low and Moderate Income Housing ", "FINANCIAL INFORMATION - Tax Increment Revenues" and "BONDOWNERS' RISKS" herein). The Agency does not anticipate that there will be any Tax Increment Revenues of the Puente- Merced Redevelopment Project Area available after the payment of debt service on the Puente - Merced Loan, and accordingly, such amounts have been excluded from the projections of Tax Revenues herein. Reserve Account Reserve Requirement. A Reserve Account has been established under the Indenture to be held by the Trustee to further secure the timely payment of principal and interest on the Bonds. The amount required to be maintained in the Reserve Account, as of any date of calculation, is an amount equal to the least of 10% of the original proceeds of the Bonds (as such term is defined in the Internal Revenue Code of 1986), Maximum Annual Debt Service on all outstanding Bonds or 125 % of average Annual Debt Service on the Bonds (the "Reserve Requirement "). The initial Reserve Requirement is $ . Subject to certain rights of the Trustee, in the event that the amount on deposit with the Trustee to pay principal and interest due on the Bonds is less than the full amount required for such purpose on the date due, the Trustee will withdraw from the Reserve Account, the difference between the amount required to be on deposit and the amount available on such date. The Indenture provides that in lieu of a cash deposit, the Agency may satisfy all or a portion of the Reserve Requirement by means of a Qualified Reserve Account Credit Instrument, which consists of a qualifying letter of credit, surety bond, insurance policy or similar financial undertaking (see "SUMMARY OF THE INDENTURE - Establishment of Funds - Debt Service Fund -- Reserve Account" herein). 12 BONDOWNERS' RISKS The purchase of the Bonds involves investment risk. If a risk factor materializes to a sufficient degree, it could delay or prevent payment of principal of and /or interest on the Bonds. Such risk factors include, but are not limited to, the following matters and should be considered, along with other information in this Official Statement, by potential investors. Factors Which May Affect Tax Revenues The ability of the Agency to pay principal of and interest on the Bonds depends on the timely receipt of Tax Revenues as projected herein (see "Projected Tax Revenues Assumptions and Bond Retirement" below). Projections of Tax Revenues are based on the underlying assumptions relating to Tax Increment Revenues of each of the constituent Project Areas that constitute the Merged Redevelopment Project Area (individually a "Project Area" and collectively the "Project Areas "). A number of factors which may affect Tax Increment Revenues, and consequently, Tax Revenues, are outlined below. Reductions in Assessed Value. The projections of Tax Revenues contained in this Official Statement are based on current assessed valuations within each of the Project Areas, a tax rate equal to $1.00 per $100 of assessed value applied to the taxable property in the Project Areas and certain projected increases in property values due to inflation allowed under Article XIIIA of the California Constitution (see "FINANCIAL INFORMATION - Tax Increment Revenues" and "BONUOWNERS' RISKS - Projected Tax Revenues Assumptions and Bond Retirement" herein). The Agency believes that the projections of Tax Revenues and the assumptions upon which the projections are based are reasonable. However, any future decrease in the assessed valuation of any of the Project Areas (or any increase at a rate less than assumed), any general decline in the economic stability of the area, a relocation out of a Project Area by one or more major property owners, successful appeals by property owners for a reduction in a property's assessed value, or other events that permit reassessment of property at lower values, either on a case by case basis or as a blanket reduction due to a general decline in property values and any property tax refunds which may result therefrom (see "FINANCIAL INFORMATION - Tax Increment Revenues - Proposition 8 Adjustments" herein), the destruction of property caused by natural disasters or any delinquencies in the payment of property taxes and any potential acquisition of property by the Agency will reduce the Tax Increment Revenues allocated to, or received by, the Agency and correspondingly may have an adverse impact on the Tax Revenues and ability of the Agency to pay principal and interest on the Bonds. See "Projected Tax Revenues Assumptions and Bond Retirement" below regarding the Agency's assumptions pertaining to such projections. Article XIIIA. Pursuant to the California voter initiative process, on .Tune 6, 1978, California voters approved Proposition 13 which added Article XIIIA to the California Constitution. This amendment imposed certain limitations on taxes that may be levied against real property to 1 % of the full cash value of the property, adjusted annually for inflation at a rate not exceeding 2% annually. Pull cash value is determined as of the 1975/76 assessment year, upon change in ownership (acquisition) or when newly constructed (see "FINANCIAL INFORMATION - Tax Increment Revenues" herein for a more complete discussion of Article XIIIA). Article XIIIA has subsequently been amended to permit reduction of the "full cash value" base in the event of declining property values caused by substantial damage, destruction or other factors, and to provide that there would be no increase in the "full cash value" base in the event of reconstruction of property damaged or destroyed in a disaster and in other special circumstances. Reduction in Inflationary Rate. The annual inflationary adjustment, while limited to 2%, is determined annually and may not exceed the percentage change in the California Consumer Price Index (CCPI). Since Article XIIIA was approved, the annual adjustment for inflation has fallen below the 2% limitation three tunes: for 1983184, 1 %; for 1995/96, 1.19 %; and for 1996197, 1.11 %. The Agency has projected Tax Increment Revenues based on a 2% inflationary increase in secured assessed values. 13 Should the assessed value of secured property not increase by at least 27o annually, the Agency's receipt of projected Tax Revenues may be adversely affected (see "Projected Tax Revenues Assumptions and Bond Retirement" herein). Proposition 8 Adjustments. Proposition 8, approved in 1978, provides for the assessment of real property at the lesser of its originally determined (base year) full cash value compounded annually by the inflation factor, or its full cash value as of the lien date, taking into account reductions in value due to damage, destruction, obsolescence or other factors causing a decline in market value. Reductions based on Proposition 8 do not establish new base year values, and the property may be reassessed as of the following lien date up to the lower of the then - current fair market value or the factored base year value (see "FINANCIAL INFORMATION - Tax Increment Revenues - Proposition 8 Adjustments" herein). The Agency's ability to generate sufficient Tax Revenues to pay debt service on the Bonds will be dependent on the economic strength of respective Project Areas. Since Proposition 8 adjustments are closely tied to the economics of an area, and primarily, real estate development, factors which adversely affect real estate development may adversely affect Tax Revenues. Such factors include general economic conditions, fluctuations in the real estate market, fluctuations in interest rates, unexpected increases in development costs and other factors. If further Proposition 8 adjustments are made by the County Assessor in future years because of declines in the fair market value of properties caused by the lack of real estate development in the area generally, Tax Revenues may be adversely affected. Assessment Appeals. Assessment appeals may be filed by property owners seeking a reduction in the assessed value of their property. After the property owner files an appeal, the County's Appeals Board will hear the appeal and make a determination as to whether or not there should be a reduction in assessed value for a particular property and the amount of the reduction, if any. Several appeals are currently pending in the Project Areas (see "THE MERGED REDEVELOPMENT PROJECT AREA - Assessment Appeals" herein). To the extent that any reductions are made to the assessed valuation of such properties with appeals currently pending, or appeals subsequently filed, Tax Increment Revenues, and correspondingly, Tax Revenues will be reduced. Such reductions may have an adverse affect on the Agency's ability to pay debt service on the Bonds. Earthquake, Fire and Other Risks. Natural and man -made disasters and hazards, including, without limitation, earthquakes, fires, floods, mudslides and other calamities, may have the effect of reducing Tax Increment Revenues through reduction of aggregate assessed valuations within the boundaries of a Project Area. According to the Public Safety Element of the City's General Plan, the City is located in a seismically active region and could be impacted by a major earthquake originating from the numerous faults in the area. [Describe fault lines]. Seismic hazards encompass both potential surface rupture and ground shaking. The occurrence of any natural or man -made disaster or hazard may significantly reduce Tax Increment Revenues received by the Agency and may adversely impact the Agency's ability to pay debt service on the Bonds. Hazardous Substances. An additional environmental condition that may result in the reduction in the assessed value of parcels would be the discovery of a hazardous substance that would limit the beneficial use of a property within a Project Area. In general, the owners and operators of a property may be required by law to remedy conditions of the property relating to releases or threatened releases of hazardous substances. The owner (or operator) may be required to remedy a hazardous substance condition of property whether or not the owner (or operator) has anything to do with creating or Dandling the hazardous substance. The effect, therefore, should any of the property within a Project 14 Area be affected by a hazardous substance would be to reduce the marketability and value of the property, perhaps by an amount in excess of the costs of remedying the condition. Certain Bankruptcy Risks. The enforceability of the rights and remedies of the Owners and the obligations of the Agency may become subject to the following: the federal bankruptcy code and applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting the enforcement of creditors' rights generally, now or hereafter in effect; usual equitable principles which may limit the specific enforcement under state law of certain remedies; the exercise by the United States of America of the powers delegated to it by the federal Constitution; and the reasonable and necessary exercise, in certain exceptional situations, of the police power inherent in the sovereignty of the State of California and its governmental bodies in the interest of servicing a significant and legitimate public purpose. Bankruptcy proceedings, or the exercise of powers by the federal or state government, if initiated, could subject the Owners to judicial discretion and interpretation of their rights in bankruptcy or otherwise and consequently may entail risks of delay, limitation, or modification of their rights. Voter Initiatives - State Constitutional Amendment. California's voter initiative process allows measures which qualify for the ballot to be approved or disapproved by voters in a State of California statewide election. Article XIIIB. On October 6, 1979, California voters approved Proposition. 4, or the Gann Initiative, which added Article XIIIB to the California Constitution. The principal thrust of Article XIIIB is to limit the annual appropriations of the State and any city, county, school district, authority or any other political subdivision of the state. The amendment includes a requirement that if an entity's revenues in any year exceed amounts permitted to be spent, the excess will be returned to the taxpayer by revising the tax override rate over the subsequent two years. To the extent such tax rates are revised, Tax Increment Revenues may be affected, since Tax Increment Revenues allocated to the Agency are a function of the combinations of tax rates levied by certain taxing agencies having jurisdiction within the Project Areas and assessments of property located within the Project Areas (see "FINANCIAL INFORMATION - Tax Increment Revenues - Property Tax Rate" herein). Limited Obligations. The Agency has no power to levy and collect property taxes, and any property tax limitation, legislative measure, voter initiative or provision of additional sources of income to taxing agencies having the effect of reducing the property tax rate must necessarily reduce the amount of Tax Increment Revenues, and consequently, Tax Revenues that would otherwise be available to pay the principal of, interest on and premium, if any; on the Bonds. Future Initiatives. From time to time other initiative measures could be adopted, further affecting the Agency's Tax Increment Revenues. Legislation Affecting Redevelopment Agencies Educational Revenue Augmentation Fund. As part of the 1992193 State Budget implementation package, the California Legislature adopted S.B. 617 and S.B. 844, which provided for a contribution by (or on behalf of) redevelopment agencies to the "Educational Revenue Augmentation Fund" (the "Fund ") created in 1992/93. The Fund was established to provide financial assistance to school districts. The 1993194 State Budget and the implementing legislation provide for maintaining funding levels for school districts by shifting revenues from other local governments, including redevelopment agencies. The total amount to be contributed to the Fund by redevelopment agencies State -wide was approximately $65 million in fiscal year 1993/94 and again in fiscal year 1994/95. The Agency's pro - rata share of this amount was based on the net tax increment revenue (excluding amounts paid pursuant to tax sharing agreements with other taxing entities) allocated to the Agency in fiscal year 1990/91. 15 The Agency's share of the total 1994195 State -wide contribution was approximately $ . The State Budgets for subsequent fiscal years did not provide for further payments by redevelopment agencies. However, the legislature may adopt similar or other provisions in future years, the impact of which, if any, cannot be determined. Redevelopment Plan Limitations. The California Legislature enacted Assembly Bill 1290 effective January 1, 1994, as amended by Senate Bill 732, effective January 1, 1995 (as amended, "AB 1290 "), which contains several significant changes in the Redevelopment Law. Certain of the changes affect the tithes for incurrence and repayment of loans, advances and indebtedness of redevelopment agencies. As enacted, AB 1290 will not adversely impact the proceedings for the issuance of the Bonds or the payment of debt service on the Bonds. Further, the Legislature enacted Assembly Bill 1342 effective January 1, 1999 ( "AB 1342 "), which contains provisions that allowed the Agency to extend certain provisions of the Redevelopment Plan, such as the time limit on the collection of Tax Increment Revenues. The limitations currently contained in the Redevelopment Plan conform to the requirements of AB 1290 and AB 1342 (see "THE AGENCY - Plan Limitations" for a further discussion of AB 1290 and AB 1342). The Agency cannot predict what effect subsequent State legislation, if any, will have on the Agency's Tax Increment Revenues and, consequently, on its ability to timely pay principal and interest on the Bonds. Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Occasionally, because of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different from the original purchase price. ]Loss of Tax Exemption As discussed under the caption "LEGAL MATTERS - Tax Exemption" herein, interest on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued as a result of future acts or omissions of the Agency in violation of its covenants contained in the Indenture. Should such an event of taxability occur, the Bonds are not subject to special redemption or any increase in interest rate and will remain outstanding until maturity. Projected Tax Revenues Assumptions and Bond Retirement Receipt of projected Tax Revenues in the amounts and at the times projected by the Agency depends on the realization of certain assumptions relating to the Tax Increment Revenues. The projections of Tax Increment Revenues and the corresponding Tax Revenues from the Project Areas comprising the Merged Redevelopment Project Area shown on the following table were based on the assumptions shown below. Based upon the projected Tax Increment Revenues, the Agency expects sufficient Tax Revenues should be available to the Agency to pay principal of and interest on the Bonds. Although the Agency believes that the assumptions upon which the projected Tax Increment Revenues and Tax Revenues are based are reasonable, the Agency and the Financing Consultant provide no assurance that the projected Tax Increment Revenues and Tax Revenues will be achieved. To the extent that the assumptions are not actually realized, the Agency's ability to timely pay principal of and interest on the Bonds may be adversely affected. (a) The 1999100 secured roll was assumed to increase two percent (2 %) annually for inflation in future years (see "FINANCIAL. INFORMATION - Tax Increment Revenues - Manner in Which Property Valuations and Assessments are Determined (Article XIIIA)" herein). (b) The values of unsecured personal property and state assessed utility property have been maintained throughout the projections at their 1999100 levels (see "FINANCIAL INFORMATION - Tax Increment Revenues - Unsecured and Secured Property" and "Unitary Property" herein). (c) The amount of unitary revenues have been maintained at their 1999/00 levels (see "FINANCIAL INFORMATION - Tax Increment Revenues - Unitary Property" herein). (d) For the purposes of the projections, it was assumed that there would not be any value added to the 1999100 tax rolls as a result of changes in property ownership. (e) For the purposes of the projections, it was assumed that there would not be any added value to the 1999100 tax roils as a result of new construction activity. (f) A tax rate equal to $1.00 per $100 of assessed value applied to the taxable property in the Project Areas was used to determine Tax Increment Revenues each year (see "FINANCIAL INFORMATION - Tax Increment Revenues - Property Tax Rate" herein). (g) Projected Tax Revenues are net of amounts due pursuant to the Tax Sharing Agreements or under Statutory Tax Sharing (see "DEBT STRUCTURE - Tax Sharing Agreements" and "Statutory Tax Sharing" herein). (h) Projected Tax Increment Revenues do not reflect delinquencies (see "FINANCIAL INFORMATION -- Tax Increment Revenues" and "THE MERGED REDEVELOPMENT PROJECT AREA - Tax Collections" herein). (i) Projected Tax Increment Revenues do not reflect any potential decreases resulting from pending assessment appeals or future Proposition. 8 adjustments, if any (see "THE MERGED REDEVELOPMENT PROJECT AREA - Assessment Appeals" and "FINANCIAL INFORMATION - Tax Increment Revenues - Proposition 8 Adjustments" herein). 0) Projected Tax Increment Revenues provide for a deduction for administrative costs charged by Los Angeles County (see "FINANCIAL INFORMATION - Tax Increment Revenues - Administrative Costs" herein). (k) Projected Tax Increment Revenues do not include supplemental revenues, penalties or interest which may be received by the Agency. (1) The Agency does not anticipate that there will be any Tax Increment Revenues of the Puente - Merced Redevelopment Project Area available after the payment of debt service on the Puente - Merced Loan, and accordingly, Tax Increment Revenues of the Puente- Merced Project Area and the debt service on the Puente - Merced Loan have been excluded for the purposes of the projections. (m) The pledge of Tax Increment Revenues of the San Gabriel River Project Area is subordinate to the pledge of such amounts to debt service on the San Gabriel River Project Loan. The San Gabriel River Project Loan matures in 2019. 17 z F dU� z� > A ✓� y h W �r P.a a 2R t W �g W 8N A°. h° tk hL' n� ' � c1• .., Y x rl �c C N 4ti o i� at h a x � .-+ vs m m v, � h x .•� c� ,n x n O [-1 ti ,6 b b 2 tE .nw .ni h h ti .hi ti S' M1 M1 M f+1 ti ti .M. 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N c . v oo ci c i c r r cr r r 7 v er c g g er er M a� N N N N N N c3 N N N N N N N �m3 N N N N N N N N N N N N N N N N r+: n n o 0 0 o G o ca o o G n o G G c ca o 0 o n n o 0 0- o c o 0 S S S S g 8 S 8 S S o S S S S S S$ S S S S S S S S a C', Ip x rl n M1 n M m m n v v h I 10 a e va 10 Ic e c ,o e C a b dd rN� F�++1 ppn �pC Oh opp cacl7 G N cn �' '/� h OC G� C N m �f• -n F M1 o N N N N N N N N N N N N N N N N N N N N N N N N N CI N N N N N r � r DO z � Q � Yr O q zo 3 TS � �> y � > O Lo 3 a �oR^ cn � cyi U � N mi G3 * L. W THE AGENCY Government Organization The Agency is a public body, corporate and politic, existing under and by virtue of the California Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State (the "Redevelopment Law "). The Agency was activated in 1974, and is governed by a five- member board which consists of all members of the City Council. The Chairman and Vice Chairman are appointed to a one -year term by the Agency Board from among its members. The Agency's members and terra expiration dates are as follows: AGENCY GOVERNING BOARD Board Member Manuel Lozano, Chairperson Ricardo Pacheco, Vice Chair Bill Van Cleave, Member Linda Gair, Member Marlen Garcia, Member Term Expiates March, 2001 March, 2003 March, 2001 March, 2003 March, 2001 The City performs certain general administrative functions for the Agency. Currently, the City's Chief Executive Officer serves as the Agency's Executive Director and the City's Director of Finance serves as Agency Treasurer. The costs of such functions, as well as additional services performed by City staff are allocated annually to the Agency. The Agency reimburses the City for such allocated costs out of available Tax Increment Revenues. Such reimbursement is subordinate to any outstanding loans, bonds and indebtedness of the Agency. Current staff assigned to administer the Agency include: KEY ADMINISTRATIVE PERSONNEL Dayle Keller Chief Executive Officer and Agency Executive Director Jose Sanchez ,Interim Director of Finance and Agency Treasurer Rick Forintos Interim Director of Community Development Kathryn Tizcareno City Clerk Agency Powers ALL powers of the Agency are vested in its members. Pursuant to the Redevelopment Law, the Agency is a separate public body and exercises governmental functions, including planning and implementing the Project Areas. The Agency may exercise the right to issue or incur loans, advances or other indebtedness for authorized purposes and to expend their proceeds, and the right to acquire, sell, rehabilitate, develop, administer or lease property. The Agency may demolish buildings, clear land and cause to be constructed certain improvements, including streets, sidewalks and utilities, and can further prepare for use as a building site any real property which it owns or administers. The Agency may, from any funds made available to it for such purposes, and subject to certain conditions, pay for all or part of the value of land and the cost of buildings, facilities or other improvements to be publicly owned and operated. The Agency may not construct or develop buildings, with the exception of public buildings and housing, and must sell or lease cleared property which it acquires within a redevelopment project for redevelopment in conformity with a particular redevelopment plan, and may further specify a period within which such redevelopment must begin and be completed. 19 Redevelopment Plans Under the Redevelopment Law the governing board is required to adopt, by ordinance, a redevelopment plan for each redevelopment project. A redevelopment agency may only undertake those activities within a redevelopment project specifically authorized in the adopted redevelopment plant. A redevelopment plan is a legal document, the content of which is largely prescribed in the Redevelopment Law rather than a "plan" in the customary sense of the word. The general objectives of the Agency's Redevelopment Plan are to encourage investment in the Project Areas by the private sector. The Redevelopment Plans provide for the acquisition of property, the demolition of buildings and improvements, the relocation of any displaced occupants, and the construction of streets, parking facilities, utilities and other public improvements. The Redevelopment Plans also allow the redevelopment of land by private enterprise, the rehabilitation of structures, the rehabilitation or construction of low and moderate income housing, and participation by owners and the tenants of properties in the Project Areas. The City Council approved and adopted the Redevelopment Plan for the San Gabriel River Redevelopment Project Area on December 2, 1976. It was subsequently amended on January 18, 1995 to add to add limitations prescribed by Assembly Bill 1290 ( "AB 1290 ") (see "THE AGENCY - Plan Limitations" below), on December 15, 1999 and March 1, 2000 to amend financial provisions in accordance with AB 1342, and on April 26, 2000 to merge the Redevelopment Project Area with four of the Agency's other redevelopment projects. The City Council approved and adopted the Redevelopment Plan for the Puente- Merced Redevelopment Project Area on August 16, 1978. An Amended Redevelopment Plan was adopted on December 5, 1984. The Amended Redevelopment Plan was subsequently amended on January 18, 1995 to add limitations prescribed by AB 1290, on December 15, 1999 and March 1, 2000 to amend financial provisions in accordance with AB 1342, and on April 26, 2000 to merge the Redevelopment Project Area with four of the Agency's other redevelopment projects. The City Council approved and adopted the Redevelopment Plan for the West Ramona Boulevard Redevelopment Project Area on September 19, 1979. An Amended Redevelopment Plan was adopted on December 5, 1984. The Amended Redevelopment Plan was subsequently amended on January 18, 1995 to add limitations prescribed by AB 1290, on December 15, 1999 and March 1, 2000 to amend financial provisions in accordance with AB 1342, and on April 26, 2000 to merge the Redevelopment Project Area with four of the Agency's other redevelopment projects. The City Council approved and adopted the Redevelopment Plan for the Delta Redevelopment Project Area on December 21, 1983. It was amended on January 18, 1995 to add limitations prescribed by AB 1290, on December 15, 1999, and March 1, 2000 to amend financial provisions in accordance with AB 1342, and on April 26, 2000 to merge the Redevelopment Project Area with four of the Agency's other redevelopment projects. The City Council approved and adopted the Redevelopment Plan for the Sierra Vista Redevelopment Project Area on July 2, 1986. It was amended on December 3, 1997 to extend the provisions for use of eminent domain, and on January 18, 1995 to add limitations prescribed by AB 1290 and on April 26, 2000 to merge the Redevelopment Project Area with four of the Agency's other redevelopment projects. 20 Plan Limitations The applicable Redevelopment Plans impose certain limitations on the amount of Tax Increment Revenues that the Agency may be allocated from the respective Project Areas. The Redevelopment Plans also established dates after which no loans, advances of indebtedness may be issued or incurred with respect to the respective Project Areas. In addition, AB 1290 was recently enacted by the State Legislature. Among other things, AB 1290 provides that a redevelopment agency may not pay indebtedness or receive property taxes pursuant to Section 33670 of the Redevelopment Law after 10 years from the termination of the effectiveness of a Redevelopment Plan (which is now limited to the later of January 1, 2009 . or 40 years after the adoption of such Redevelopment Plan). Further, Assembly Bill 1342 allowed redevelopment agencies to extend plan limitations to the maximum terms provided by AB 1290 if such agency's existing plan limits where shorter. Even though the Project Areas have been merged, the limitations established with respect to a Project Area continue to apply to such Project Area. The limitations unposed by the respective Redevelopment Plans are as follows: Low and Moderate Income Housing The Redevelopment Law requires that merged redevelopment projects set aside annually 20% of all tax increment revenues which are allocated to an agency for the purpose of increasing and improving the community's supply of low and moderate income housing available at affordable housing costs to persons and families of very low, low or moderate income households. Such requirement is subordinate to existing indebtedness at the time of any merger of redevelopment projects, as well as the refinancing of such existing indebtedness subsequent to any such merger of redevelopment projects. In the case of the Merged Redevelopment Project Area, such existing indebtedness includes the Prior Bonds which are being refinanced with proceeds of the Bonds as well as the San Gabriel River Project Loan and the Puente- Merced Loan which will remain outstanding. If the agency deposits less than 20 % of tax increment revenues because of such existing indebtedness, a deficit is created in the low and moderate income housing fund in an amount equal to the difference between 20% of the tax increment revenues allocated and the amount deposited in such year. Such agency is required to eliminate the deficit by depositing tax increment revenues allocated in subsequent years until such time as the deficit has been eliminated. The Redevelopment Law prohibits such agency from incurring any new obligations or debt until such time as the deficit is eliminated. The Agency does not anticipate that debt service on the Bonds will limit the Agency's ability to make deposits to the Low and Moderate Income Housing Fund; however, the debt service on the Bonds will have priority over the requirement to make deposits in the Agency's Low and Moderate Income Housing Fund. 21 Maximum. Maximum Plan Last Date to Tax Increment Bonded Last Date to Expiration Collect Tax Project Area Revenues Indebtedness Incur Debt Date Increment San Gabriel River $1,000,000 NIA 1/1/2004 12/2/2016 12/2/2026 annually Puente - Merced $13,800,000 $6,536,000 1/1/2004 7/16/2018 7/612028 West Ramona Boulevard $5,000,000 $5,000,000 1/1/2004 9/6/2019 9/612029 Delta $1,000,000 N/A 1/1/2004 12/21/2023 12/21/2033 annually Sierra Vista $200,000,000 $45,000,000 7/2/2006 7/2/2026 7/2/2036 Low and Moderate Income Housing The Redevelopment Law requires that merged redevelopment projects set aside annually 20% of all tax increment revenues which are allocated to an agency for the purpose of increasing and improving the community's supply of low and moderate income housing available at affordable housing costs to persons and families of very low, low or moderate income households. Such requirement is subordinate to existing indebtedness at the time of any merger of redevelopment projects, as well as the refinancing of such existing indebtedness subsequent to any such merger of redevelopment projects. In the case of the Merged Redevelopment Project Area, such existing indebtedness includes the Prior Bonds which are being refinanced with proceeds of the Bonds as well as the San Gabriel River Project Loan and the Puente- Merced Loan which will remain outstanding. If the agency deposits less than 20 % of tax increment revenues because of such existing indebtedness, a deficit is created in the low and moderate income housing fund in an amount equal to the difference between 20% of the tax increment revenues allocated and the amount deposited in such year. Such agency is required to eliminate the deficit by depositing tax increment revenues allocated in subsequent years until such time as the deficit has been eliminated. The Redevelopment Law prohibits such agency from incurring any new obligations or debt until such time as the deficit is eliminated. The Agency does not anticipate that debt service on the Bonds will limit the Agency's ability to make deposits to the Low and Moderate Income Housing Fund; however, the debt service on the Bonds will have priority over the requirement to make deposits in the Agency's Low and Moderate Income Housing Fund. 21 i - �,.4N . HIS 11111171"'Filk Description of the Merged Redevelopment Project Area The Merged Redevelopment Project Area is comprised of five of the Agency's constituent Redevelopment Project Areas: the San Gabriel River Redevelopment Project Area, the Puente - Merced Redevelopment Project Area, the West Ramona Boulevard Redevelopment Project Area, the Delta Redevelopment Project Area and the Sierra Vista Redevelopment Project Area. Project Area Year Adapted Acreage Land Use San Gabriel River 1976 189 Industrial Puente - Merced 1978 16 Commercial West Ramona Boulevard 1979 14 Residential Delta 1983 92 Industrial Sierra Vista 1986 477 Commercial /Residential 788 Of the taxable property within the Merged Redevelopment Project Area: residential development accounts for approximately 22% of the secured assessed value of the Merged Redevelopment Project Area; commercial development comprises 30% of the secured assessed value of the Merged Redevelopment Project Area; and industrial development accounts for an additional 44% of the secured assessed value. The remaining 4% of secured assessed value in the Merged Redevelopment Project Area is derived from vacant land. Industrial 44% Secured Assessed Value by Land Use Category (Excluding Puente- Merced Project Area) Vacant Residential 4% 22% Source: City of Baldwin Park.. 22 aercia] 30% With respect to the original San Gabriel River Project Area, development is comprised of several industrial parks utilized for a variety of light industrial and warehouse uses. This subarea is located along the northwest city limits, adjacent to the San Gabriel River Freeway, with direct access and freeway visibility. This subarea of the Merged Project Area is substantially built out. The largest property owner in the San Gabriel River Project Area is Pacific Gulf Properties (NYSE:PAG), a real estate investment trust that owns, operates, develops and leases industrial and multifamily properties throughout California, Nevada, Oregon and Washington. Tenants leasing space in Pacific Gulf Properties' and other industrial buildings in the Project Area include Federal Disk Manufacturing, Cordis Webster, Inc., Universal Plastic Mold, Waste Management Collection, Taylor Corporation., MacDonald Carbide Company, Hollywell CD & Software, AD Investment Company, Semco Laser Technology, Hillcor Distribution, Scholastic Book Fairs, Inc., Arroyo Craftsman Lighting and Mountain Gear Corporation. With respect to the original West Ramona Boulevard Project Area, development is comprised of 160 condominium units and a neighborhood commercial center. The condominiums were developed in 1982 as affordable housing units with assistance from the Agency. This subarea of the Merged Project Area is substantially built out. With respect to the Delta Project Area, the Agency assisted with public improvements to develop the Cloverleaf Business Park, a 16 acre business /light industrial park located at the junction of the San Bernardino Freeway and the San Gabriel River Freeway. The development has direct freeway access and freeway visibility. The facilities were completed in 1989. Tenants include Ambus Commercial Manufacturing, Gus Network America, Checkworks, Inc., Premier Capital Group, American Computer, Medical Specialties Distributors, Roma Moulding, Inc. and Kunna Golf, Inc. With respect to the Sierra Vista Project Area, existing development is a mix of commercial, institutional, industrial and residential uses. The majority of the area in the Sierra Vista Project Area borders the San Bernardino (I -10) Freeway. Kaiser Foundation Hospital has developed a 700,000 square foot hospital, 76,000 square foot medical offices and related parking structures in the Project Area. Recent commercial development includes the completion of the Target Center, a shopping center with a Target Stores as the anchor tenant. This center was completed in 1997 with Agency assistance. Other significant commercial uses include an RV sales and service dealership and several motels. The goals of the Redevelopment Plan for the Sierra Vista Project Area include promoting new commercial uses and improving the existing industrial areas through the elimination of incompatible land uses, improving I -10 Freeway interchanges and improving local traffic circulation. The Agency is in the process of acquiring a 24 acre site adjacent to the freeway for new commercial development. 23 Assessed Valuations Assessed value of the Project Areas comprising the Merged Redevelopment Project Area (excluding the Puente - Merced Project Area) between fiscal years 1995/96 and 1999100 are shown in the tables below. TABLE NO. 2 SAN GABRIEL RIVER REDEVELOPMENT PROJECT AREA HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES 1995/96 through 1999/00 Source. Los Angeles County Auditor-Controller. (1) Taxable Valuation at 100% of Assessor's Market Value, as of August 20 equalized roll. (2) Los Angeles County Auditor- Controller's Office. (3) Base year assessed values may vary from year to year based on changes in property ownership of agencies exempt from property tax. (4) See "Unitary Property" herein for a discussion of the method of allocating Unitary Revenues. (5) The "Total Tax Revenues" are based on data furnished by the Los Angeles County Auditor - Controller's Office. Actual Tax Increment Revenues received vary from Total Tax Revenues shown herein because of supplemental taxes, appeals or refunds, deductions for delinquencies and tax- sharing agreements and administrative charges by the County. 24 1995196 199697 :199719$'1998199 ,;. 1999/00 Secured (1) $ 98,979,512 $ 95,896,162 $ 97,275,561 $ 97,479,189 $ 100,399,669 Unsecureci(1) 20.814,112 20.707.893 26,559.869 28.487.716 36,310.269 Total (2) S 119,793,624 $ 116,604,055 $ 173,835,430 $ 121,966,905 S 136,709,938 Less: Base year (3) (5.256.764) _ (5.256.760) (5.756.7601 (5,256.760) (5.256,760) Increrrental Increase $ 114,536,864 $ 111,347,295 $ 118,578,670 $ 120,710,145 $ 131,453,178 Tax Rate 1,000000% 1.000000 % 1.004000% 1.000000% 1.00OODO% Tay lncrenr t Revenues $ 1,145,369 $ 1,113,473 $ 1,185,787 $ 1,207,101 S 1,314,532 Unitary Revenues (4) 6.041 5,912 6,053 6.100 6.065 Total Tax Revenues (5) $ 1,151,410 $ 1,119t3S5 $ 1,191.840_ $ 1,213,201 $ 1,320,597_ Source. Los Angeles County Auditor-Controller. (1) Taxable Valuation at 100% of Assessor's Market Value, as of August 20 equalized roll. (2) Los Angeles County Auditor- Controller's Office. (3) Base year assessed values may vary from year to year based on changes in property ownership of agencies exempt from property tax. (4) See "Unitary Property" herein for a discussion of the method of allocating Unitary Revenues. (5) The "Total Tax Revenues" are based on data furnished by the Los Angeles County Auditor - Controller's Office. Actual Tax Increment Revenues received vary from Total Tax Revenues shown herein because of supplemental taxes, appeals or refunds, deductions for delinquencies and tax- sharing agreements and administrative charges by the County. 24 TABLE NO. 3 WEST RAMONA BOULEVARD REDEVELOPMENT PROTECT AREA HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES 1995196 through 1999/00 Source: Los Angeles County Auditor - Controller. See Footnotes following Table No. 2. TABLE NO. 4 DELTA REDEVELOPMENT PROJECT AREA HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES 1995196 through 1999/00 1995796 1996197 1997/98 199/99 7999!00 Secured (1) $ 22.597,767 $ 22,230,240 $ 22,024,672 $ 21,958,223 $ 21,777,106 Unsecured (1) 19,044,316 99.366 19,307,285 148.178 184.863 155.704 169.997 Total (2) S 22,697,133 $ 22.378,418 S 23,209,535 $ 22,113,927 $ 21,947,103 Less: Rase year (3) (270,610) (270.6 (270.610) (270.610)_ (270.610) Incren=talIncrease $ 22,426,523 $ 22,107,808 S 21,938,925 S 21,843,317 $ 21,676,493 Tax Rate - 1.000000% - 1.000000% 1.000000% 1, own % $ 1.000000 Tax lncre=tRevenues $ 224,265 $ 221,078 S 219,389 $ 218,433 $ 216,765 Unitary Revenues (4) 1.000000% 929 1.000000% 909 932 939 1.000000% 934 Total Tax Revenues (5) $ 225,194 $ 221.987 220.321 $ 219,372 $ 217,699 210,705 Unitary Revenues (4) 3.433 3.360 Source: Los Angeles County Auditor - Controller. See Footnotes following Table No. 2. TABLE NO. 4 DELTA REDEVELOPMENT PROJECT AREA HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES 1995196 through 1999/00 Source: Los Angeles County Auditor - Controller. See Footnotes following Table No. 2. 25 1995!96 1996/97 1997/98 IWSi99 1999100 secured (1) S 19,452,055 S 19,687,829 S 18,718,930 S 19,044,316 $ 19,307,285 Unsecured (1) 1.93$.810 1.402.156 2.428.138 2.365.716 1,763.180 Total (2) $ 21,390,865 $ 21,0891985 $ 21,147,068 $ 21,410,032 $ 21,070,465 L-_ss: Base year (3) $ - $ S - S - S - IncrelrnmI Increase $ 21,390,865 $ 21,089,985 $ 21,147,068 $ 21,410,032 $ 21,070,465 Tax Rate 1.000000 % 1.000000% 1.000000% 1.00000090, 1.000000% Tax lneren= Revenues S 213.909 $ 210,900 $ 211,471 $ 214,100 $ 210,705 Unitary Revenues (4) 3.433 3.360 3.432 3.458 3.439 Total Tax Revenues (5) $ 217,342 $ 214,260 �$ 214,903 $ 217 =558_ $ 214,144 Source: Los Angeles County Auditor - Controller. See Footnotes following Table No. 2. 25 TABLE NO. 5 SIERRA VISTA REDEVELOPMENT PROJECT AREA HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES 1995/96 through 1999/00 ..1995/96:.. 1.997/98 1998/99 1999/00 Secured (1) 5 189,410,996 $ 294,786,625 $ 352,557,154 $ 399,826,546 $ 200,433,386 Unsexuted (1) 9.355,406 21768.572 32.909.843 18.420.714 IT 143,434 Total (2) $ 198,766,402 5 318,555,197 5 385,466,997 5 418,247,260 $ 217,576,820 1ess: Base year (3) (82.771.891) 82.T11.891 (82771.8911 (82.771.891) (82771.891) here rrntal Increase $ 115,994,511 $ 235,783,306 $ 302,695,106 5 335,475,369 $ 134,804,929 Tax Rate 1.000000% 1.000000% 1.000000% 1,0000000/0 1.00000070 Taxlncmnent Revenues $ 1,159,945 $ 2,357,833 $ 3,026,951 $ 3,354,754 5 1,348,049 U :nitary Revenues (4) 1.093 1.070 1.138 1.147 1.140 Total Tax Revenues (5) $ 1,161,038 $ 2358,903 $ 3,028,089 $ 3,355,901 _ 1 49,189 Source: Los Angeles County Auditor - Controller. See Footnotes following Table Rio. 2. Prior to 1996/97, certain property owned by Kaiser Foundation Hospitals (see "Major Taxpayers" below) was exempt from property tax. Between 1996197 and 1998/99, the County Assessor did not grant an exemption from property tax for the Kaiser Foundation Hospitals property. However, in 1999100, the County Assessor has granted a property tax exemption for all Kaiser property except for its medical office buildings. These changes in tax exemption for the Kaiser property account for the significant increases and decreases in the total assessed value of property in the Sierra Vista Project area over the last five years. 26 Major Taxpayers The ten largest secured property taxpayers represent 35.6% of the 1999100 secured assessed value of the Merged Redevelopment Project Area. TABLE NO. 6 MERGED REDEVELOPMENT PROJECT AREA TEN LARGEST TAXPAYERS AS A PERCENT OF 1999100 SECURED ASSESSED VALUE 1999/ %`of Secured ;: Secured Original Tarpaper Assessed Assessed Prgject Lartd Value Value Area 3se . Pacific Gulf Properties $ 27,576,628 8.1% San Gabriel River Industrial. Park Kaiser Foundation Hospitals 26,536,862 7.8% Sierra Vista Medical offices SNS Cloverleaf Company 14,453,485 4.2% Delta Business Park Dayton Hudson Corporation 10,647,927 3A% Sierra Vista Department Store Otting Properties 10,453,532 3.1% San Gabriel River Industrial Park SDC Partners Limited 9,035,3389 2.6% Sierra Vista Shopping Center In N Out Burger 6,901,297 2.0% Sierra Vista Industrial /Commercial Acreage Baldwin Park Business Park Partners 6,418,948 1.9% San Gabriel River Industrial Shea JF Company 4,851,800 1.4% Delta Business Park Ari Pac Investment 4,757.000 1.4% Sierra Vista Light Industrial Total $ 121,632,868 35.6% Source: City of Baldwin Park. The following provides a description of the largest taxpayers. Industrial Park; Pacific Gulf Properties, owner. Pacific Gulf Properties owns approximately 568,000 square feet of industrial space, comprised of 12 separate structures on 30 acres in the San Gabriel River Project Area. These facilities were constructed between 1984 and 1988. Medical Offices; Kaiser Foundation Hospital, Owner. Kaiser Foundation Hospitals has developed a medical complex on 24 acres adjacent to the San Bernardino Freeway (1 -10) in the Sierra Vista Project Area. The complex is comprised of medical offices, a hospital and two parking structures. Although the hospital is currently exempt from property tax, the medical offices are taxable property. The three - story, 76,000 square foot medical office building was constructed in 1993. Industrial Park; SNS Cloverleaf Company, owner. Located in the Cloverfleaf Business Park in the Delta Project Area, this property owner's holdings include 245,000 square feet of warehouse and light industrial uses, comprising 9 separate structures. Department ,Store; Dayton Hudson Corporation, owner. Dayton Hudson is the owner of the Target chain of department stores. The Target store located in the Sierra Vista Project Area contains 121,000 square feet of retail space on 9.2 acres. Industrial Park; Otting Properties, owner. Otting Properties owns approximately 175,000 square feet of industrial space, comprised of 8 separate structures on 10 acres in the San Gabriel River Project Area. These facilities were constructed between 1982 and 1986. 27 Assessment Appeals As of July, 1999, there were _ appeals pending for properties located in the Merged Redevelopment Project Area. The total value of the properties under appeal is $ . There are three appeals pending for major taxpayers listed in Table No. 6, which account for _% of all assessed value under appeal. Tax ColIeetions Since fiscal year 1995/96, the secured collection rate has averaged between 96 to 99% for Tax Increment Revenues payable to the Agency in all constituent Project Areas. 28 DEBT STRUCTURE Outstanding Indebtedness of the Agency The Agency had the following outstanding indebtedness as of May 1, 2004: Category of original Amount teal Indebtedness i Project Area Issue tutstunclrrg 11Btu raty (1) 1998 Project Loan San Gabriel River $ 9,580,000 $ 9,560,000 2019 (2) 1998 Housing Loan San Gabriel Diver 2,295,000 2,260,000 2021 (3) 'Tax Allocation Bonds, 1990 Series B Puente- Merced 6,475,000 6,225,000 2021 (4) 1989 'fax Allocation Refunding Bonds West Ramona Boulevard 1,530,004 1,130,000 2010 (5) Pledge Agreement Delta 1,625,000 1,235,000 2011 (6) 1994 Project Loan Sierra Vista 5,625,000 4,065,000 2024 (7) 1994 Housing Loan Sierra Vista 2,495,000 2,335,000 2024 (8) Advances from General Fund Various Project Areas 5,017,000 5,Oi7,000 N/A (1) and (2) The San Gabriel River Project Area Project Loan is secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the San Gabriel River Project Area, net of amounts required to be deposited in the Agency's low and moderate income housing fund, superior to the pledge of and lien on the Tax Revenues payable with respect to the Bonds. The San Gabriel River Project Area Housing Loan (the "Housing Loan ") is secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the San. Gabriel River Project Area required to be deposited in the Agency's low and moderate income housing fund, and will be defeased with a portion of the proceeds of the Bonds. (3) The Puente- Merced Project Area Loan is secured by a pledge of, and first lien oil, the Tax Revenues of the Puente- Merced Project Area, superior to the pledge of and lien on the Tax Revenues payable with respect to the Bonds. (4) The West Ramona Boulevard Project Area 1989 Tax Allocation Refunding Bonds are secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the West Ramona Boulevard Project Area, net of amounts required to be deposited in the Agency's low and moderate income housing fund, and will be defeased with a portion of the proceeds of the Bonds. (5) The Delta Project Area Pledge Agreement is secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the Delta Project Area, net of amounts required to be deposited in the Agency's low and moderate income housing fund, and will be defeased with a portion of the proceeds of the Bonds. (6) and (7) The Sierra Vista Project Area Project Loan is secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the Sierra Vista Project Area, net of amounts required to be deposited in the Agency's low and moderate income housing fund. The Sierra Vista Project Area Housing Loan is secured by a pledge of, and first lien on, that portion of Tax Increment Revenues of the Sierra Vista Project Area required to be deposited in the Agency's low and moderate income housing fund. Both of these obligations will be defeased with a portion of the proceeds of the Bonds. 29 (8) The Agency entered into various reimbursement and loan agreements with the City to reimburse the City for its financial assistance in the Project Areas. Repayment of these Agency obligations are subordinate to all other indebtedness of the Merged Redevelopment Project Area, including the Bonds. Tax Sharing Agreements Pursuant to former Section 33401(b) of the Redevelopment Law, a redevelopment agency could enter into an agreement to pay tax increment revenues to any taxing agency that has territory located within a redevelopment project to alleviate any financial burden or detriment caused by the redevelopment project. These agreements are commonly referred to as "tax sharing agreements" or "pass- through agreements ". Agreements entered into by the Agency pursuant to said Section 33401(b) are described below and are referred to herein as the "Tax Sharing Agreements ", (see "TABLE NO. 1 - PROJECTED TAY REVENUES AND BOND RETIREMENT" herein). Puente - Merced Protect Area The Agency entered into a Tax Sharing Agreement with the County of Los Angeles and the Los Angeles County Consolidated Fire Protection District. The Agreement required the payment of 14.5 percent of the annual Tax Increment Revenues to the Consolidated Fire Protection District and 45.9 percent to other affected County entities. As part of this agreement, the County agreed to defer receipt of any of the 45.9 percent of the annual Tax Increment Revenues until after the Agency has paid for the cost of the Project Area, including repayment of its debt. In addition, the County agreed in the Tax Sharing Agreement to defer until after completion of the Project Area, including repayment of the debt, any payments by the Agency towards the repayment of $82,243 the Agency owes the County for unearned property tax allocation received prior to June 30, 1979. All amounts paid to the County of Los Angeles and the Consolidated Fire Protection district are not included against the Agency's annual limitation on the receipt of Tax Increment Revenues. West Ramona Boulevard Project Area The Agency entered into a Tax Sharing Agreement with the County of Los Angeles and the County Consolidated Fire Protection District. The Tax Sharing Agreement requires the Agency to annually reimburse the County Consolidated Fire Protection District that amount of Tax. Increment Revenues paid to the Agency which would have been allocated to the District without regard to the Project Area. The Agency is also required to reimburse the Los Angeles County Flood Control District and the County Library for any additional maintenance or other costs that each incurs as a result of any new improvement within the Project Area which are the result of actions by the Agency or the City. Such reimbursements will not in any year exceed that amount of Tax Increment Revenues which would have been allocated to the respective agency. Since the Project Area is almost entirely developed, the Agency does not expect any additional maintenance or costs to occur. The Agency, under the Tax Sharing Agreement, is required to annually reimburse the County and other affected taxing agencies one -half of the tax increments generated by the Project Area associated with the compounded 2% annual inflationary growth in assessed value of the tax rolls over the base year amount. In addition, the Agency's entitlement to utilize tax increment for its redevelopment activities in the Project Area were limited to $5,000,000 over the 35 -year life of the Redevelopment Plan. The amount paid to the County taxing entities and the County Consolidated Fire Protection District are not inclusive in said total. The County will also receive any increase in tax increment attributable to increases in the tax rate imposed by the above- referenced taxing entities within the Project Area. 30 Delta Project Area The Agency entered into a Tax Sharing Agreement with the County of Los Angeles and the County Consolidated Fire .Protection District. The Tax Sharing Agreement requires the Agency to annually reimburse the County Consolidated Fire Protection District that amount of Tax Increment Revenues paid to the Agency which would have been allocated to the District without regard to the Project Area, In 1999100, this amount is equal to 14.5 % of Tax Increment Revenues of the Delta Project Area Sierra Vista Project Area The Agency, the City and the County of Los Angeles, the Flood Control District and the Consolidated Fire Protection District entered into a Tax Sharing Agreement pursuant to which the Agency agreed to reimburse County and other taxing agencies a portion of the Tax Increment Revenues generated by the Project Area. The Agency agreed to reimburse to the Fire District that portion of Tax. Increment Revenue which would have otherwise been allocated to the Fire District in the absence of the Project Area. For Fiscal Year 1999/00, this percentage is equal to 14.68 %. The Agency agreed to reimburse to the Flood Control District that portion of Tax Increment Revenues which would have otherwise been allocated to the Flood Control District in the absence of the Project Area. For Fiscal Year 1999100, this percentage is equal to 1.5 %. The Agency agreed to reimburse to the County Taxing Entities {comprised of the County General Fund and the County Public Library) their proportionate share of Tax Increment Revenue attributable to 2% annual inflationary growth in the Project Area's base year assessed valuation. The Agency also agreed to reimburse to the County Taxing Entities that portion of Tax Increment Revenues which would have otherwise been allocated to the County Taxing Entities in the absence of the Project Area in excess of those Tax Increment Revenues generated by the statutory 2 % inflation factor. For Fiscal Year 1999100, this percentage is equal to 44.83 %. However, the County Taxing Entities agreed to loan their proportionate share of Tax Increment Revenues to the Agency for the first fifteen years of the Redevelopment Plan (the "County Deferred Loan "). The County Deferred Loan bears interest and is repayable commencing in fiscal year 2000101 from Tax Increment Revenues of the Project Area in excess of those required to meet the annual debt service needs of the Project Area. The County Taxing Entities and the Flood Control District have also agreed that in any year in which the Agency contributes to the Low and Moderate Income Housing Fund (see "THE AGENCY — Law and Moderate Income Housing" herein), the County Taxing Entities and the Flood Control District will contribute their pro -rata share from the amounts required to be reimbursed pursuant to the Tax Sharing Agreement. This reduces the proportionate share of Tax Increment Revenues to be reimbursed to the County Tax entities and the Flood Control District described above to 35.86% and 1.2% respectively. The Agency entered into a Tax Sharing Agreement with the Baldwin Park Unified School District (the "School District ") to reimburse the School District for economic impacts resulting from the transfer of students out of the School District due to the redevelopment activities of the Agency within the Sierra Vista Project Area. The agreement calls for a payment upon the initial loss of students plus an additional payment of an amount equal to 2% of tax increment generated in the Project Area to be paid to the School District upon demand. Statutory Tax Sharing Certain provisions were added to the Redevelopment Law by the adoption of AB 1290 in 1994. A discussion of these provisions as they relate to the Project Areas individually and to the Merged Redevelopment Project Area follows. If new territory should be added to the Merged Redevelopment Project Area, under Section 33607.5 of the Redevelopment Law, any affected taxing entity would share in the Tax Increment Revenues generated by such added area pursuant to a statutory formula ( "Statutory Tax Sharing "). 31 In addition, pursuant to Section 33333.6(x)(2) of the Redevelopment Law, the Agency extended the time Limit to incur indebtedness in all of the Redevelopment Project Areas except the Sierra Vista Redevelopment Project Area, and, therefore, Statutory Tax Sharing will be required under Section 33607.7 of the Redevelopment Law with all affected taxing agencies not a party to a Tax Sharing Agreement, except for the City, once the original limi tations have been reached. In general, the amounts to be paid pursuant to Statutory Tax Sharing are as follows: (a) commencing in the first fiscal year after the limitation has been reached, an amount equal to 25% of tax increment revenues generated by the incremental increase of the current year assessed valuation over the assessed valuation in the fiscal year that the limitation had been reached, after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted; (b) in addition to amounts payable as described in (a) above, commencing in the 11" fiscal year after the limitation has been reached, an amount equal to 21 % of tax increment revenues generated by the incremental increase of the current year assessed valuation over the assessed valuation in the preceding (10 ") fiscal year that the limitation had been reached, after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted; and (c) in addition to amounts payable as described in (a) and (b) above, commencing in the 31`t fiscal year after the limitation has been reached, an amount equal to 14% of tax increment revenues generated by the incremental increase of the current year assessed valuation over the assessed valuation in the preceding (30 "') fiscal year that the limitation had been reached, after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. (d) The City may elect to receive a portion of the tax increment generated in (a) above, after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. The City has made such an election. However, the City has agreed to subordinate the payment of such amounts to the Bonds. (e) The Agency may subordinate the amount required to be .paid to an affected taxing entity to any indebtedness after receiving the consent of the respective taxing entity. With respect to a taxing entity that is a party to a Tax Sharing Agreement, tax sharing payments will continue pursuant to the Tax Sharing Agreement after the original limitations in the applicable Redevelopment Plans are passed. The Agency extended time to incur debt to January 1, 2004 for all of the component Project Areas, with the exception of the Sierra Vista Redevelopment Project Area, and payments to certain taxing entities pursuant to Section 33607.7, with the exception of the City, will commence in fiscal year 2004105 with respect to all such Project Areas (see "'TABLE NO. 1 - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein). 32 Scheduled Debt Service on Bonds The following is the scheduled annual Deist Service on the Bonds. Bond Year Ending Principal Interests Annual Debt Service 33 Additional Agency Indebtedness Parity Debt. The Agency may at any time issue additional Parity Debt payable from the Tax Revenues and secured by a lien and charge upon the Tax Revenues equal to the lien and charge securing the Bonds and any other Parity Debt but only subject to the following specific conditions: (a) The Agency shall be in compliance with all covenants set forth in the Indenture, any Supplemental Indenture and any Parity Debt Instrument and a certificate of the Agency to that effect shall have been filed with the Trustee; provided, however, that Parity Debt may be issued notwithstanding that the Agency is not in compliance with all such covenants so long as immediately following the issuance of such Parity Debt the Agency will be in compliance with all such covenants. (b) The issuance of such Parity Debt shall have been duly authorized pursuant to the Redevelopment Law and all other applicable laws, and the issuance of such Parity Debt shall have been provided for by a Parity Debt Instrument which shall specify, among other things, the following: (1) The authorized Principal Amount of such Parity Debt; (2) The date and the maturity date or dates of such Parity Debt; provided that (i) each maturity date shall fall on a September I and interest shall be payable on Interest Payment Dates, (ii) all such Parity Debt of like maturity shall be Identical in all respects, except as to number, and (iii) fixed serial maturities or mandatory sinking fund payments, or any combination thereof, shall be established to provide for the retirement of all such Parity Debt on or before their respective maturity dates; (3) The amount to be deposited from the proceeds of such Parity Debt in the Reserve Account to increase the amount therein to the Reserve Requirement; (c) The sutra of Tax Revenues calculated by a Redevelopment Consultant received or to be received by the Agency from the most recent assessed valuation of taxable property in the Merged Redevelopment Project Area as determined by the County Assessor based upon the most recently established tax rates are at least equal to _% of Maximum Annual. Debt Service on all Bonds which will be Outstanding following the issuance of such Parity Debt. (d) The Trustee shall have received the following documents, all of such documents dated or certified, as the case may be, as of the date of delivery of such Parity Debt by the Trustee (unless the Agency shall accept any of such documents bearing a prior date): (1) A certified copy of the Parity Debt Instrument authorizing the issuance of such Parity Debt; (2) A Written Request of the Agency as to the delivery of such Parity Debt; (3) An opinion of Bond Counsel to the effect that (a) the Agency has the right and power under the Redevelopment Law to execute and deliver the Indenture and the Parity Debt Instrument relating to such Parity Debt, and the Indenture and all Parity Debt Instruments have been duly executed and delivered by the Agency, are in full force and effect and are valid and binding upon the Agency and enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors' rights); (b) such Parity Debt is a valid and binding limited obligation of the Agency, enforceable in accordance with its terms (except as enforcement may be limited by 34 bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors' rights); (c) such Parity Debt has been duly and validly executed and delivered in accordance with the Redevelopment Law, the Indenture and the applicable Parity Debt Instrument; and (d) assuming compliance by the Agency with certain tax covenants, the issuance of the Parity Debt will not adversely affect the exclusion from gross income for federal income tax purposes of interest on any Outstanding Bonds theretofore issued or the exemption from State personal income taxation of interest on any Outstanding Bonds theretofore issued; (4) A certificate of the Agency containing such statements as may be reasonably necessary to show compliance with the requirements of the Indenture; (5) Such further documents, money and securities as are required by the provisions of the Indenture and the Parity Debt Instrument providing for the issuance of such Parity Debt. Subordinate Debt. The Agency may issue or incur Subordinate Debt in such principal amount as may be determined by the Agency, provided that the issuance of such Subordinate Debt will not cause the Agency to exceed any applicable Plan Limitations. 35 WTI 1 • 1 � _ _._i _ "1A, i . The following is a summary of certain provisions of the .Indenture and does not purport to be a complete restatement thereof. Reference is hereby made to the Indenture for the complete terms thereof. Copies of the .Indenture are available from the Agency upon request. Establishment of Funds Special Fund; Deposit of Tax Revenues. The Agency will establish and hold a Special Fund, separate and apart from other accounts of the Agency, and will deposit into it all of the Tax Revenues received in any Bond Year promptly upon receipt, until such time during such Bond Year as the amounts on deposit in the Special Fund, including interest earnings thereon, equal the aggregate amounts required to be transferred to the Trustee for deposit into the Interest Account, the Principal Account and the Reserve Account in such Bond Year as described below. On or before the third Business Day immediately preceding any Interest Payment Date, the Agency shall withdraw from the Special Fund and deposit with the Trustee the amount of money necessary to make the deposits required by the Indenture. All Tax Revenues received by the Agency during any Bond Year in excess of the amount required to be deposited in the Special Fund during such Bond Year will be released from the pledge and lien of the Indenture for the security of the Bonds. Debt Service Fund. The Trustee will establish the Debt Service Fund, which is pledged to the security of the Bonds. The Trustee will deposit moneys transferred by the Agency to the Trustee from the Special Fund in the following amounts and accounts and in the following order of priority: (a) Interest Account. An amount which, when added to the amount contained in the Interest Account and available to pay interest on the Bonds in the applicable Bond Year, equals the aggregate amount of the interest becoming due and payable on the Outstanding Bonds on the next Interest Payment Date. All moneys in the Interest Account shall be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Current Interest Bonds as it shall become due and payable. (b) Principal Account. An amount which, when added to the amount then contained in the Principal Account, equals the Principal becoming due and payable on the Outstanding Bonds by reason of maturity, mandatory redemption or acceleration, on the next Interest Payment Date. All moneys in the Principal Account shall be used and withdrawn by the Trustee solely for the purpose of paying the Principal of the Bonds as it shall become due and payable at maturity or upon mandatory sinking fund redemption or acceleration. (c) Reserve Account. In the event that the Agency shall fail to deposit with the Trustee the full amount required to be deposited pursuant to the Indenture on or before the third Business Day preceding any Interest Payment Date, on such Interest Payment Date the Trustee shall withdraw from the Reserve Account and transfer to the Interest Account and the Principal Account, in such order, the difference between the amount required to be deposited and the amount actually deposited by the Agency. In the event that the amount on deposit in the Reserve Account shall at any time be less than the Reserve Requirement, the Trustee shall promptly notify the Agency of the amount required to be deposited therein to restore the balance to the Reserve Requirement. Promptly upon receipt of any such notice, the Agency shall pay from the first available Tax Revenues, either on deposit in the Special Fund or received after the date of such notice, to the Trustee an amount equal to such difference. Any amounts on deposit in the Reserve Account in excess of the Reserve Requirement shall be transferred to the Interest Account. The Trustee shall withdraw all amounts in the Reserve Account on the Business Day immediately preceding the final Interest Payment Date from the Reserve Account and shall transfer them either (a) to the Interest Account or the Principal 36 Account, in such order, to the extent required to make the deposits then required to be made pursuant to the Indenture or (b) if the Agency shall have caused to be deposited in the Debt Service Fund an amount sufficient to make the deposits required by the Indenture, then to the Agency to be used for any lawful purpose. The Agency reserves the right initially to deposit into the Reserve Account and thereafter to substitute, at any time and from time to time, one or more letters of credit, surety bonds, bond insurance policies or other form of guarantee (a "Qualified Reserve Account Credit Instrument ") from a financial institution, the long -term unsecured obligations of which are rated not less than "Aa" by Moody's or "AA" by S &P in substitution for or in place of all or any portion of the Reserve Requirement, under the terms of which the Trustee is unconditionally entitled to draw amounts when required for the purposes of the Indenture. If such Qualified Reserve Account Credit Instrument is deposited by the Agency with the Trustee, after the initial funding of the Reserve Account, the Trustee shall transfer to the Redevelopment Fund from the balance then in the Reserve Account an amount equal to the principal amount of such Qualified Reserve Account Credit Instrument. If a draw on the Reserve Account is required when the Reserve Account is comprised partly of cash and partly of a Qualified Reserve Account Credit Instrument, then the Trustee shall draw first from the moneys on deposit and then, if necessary, from the Qualified Reserve Account Credit Instrument. In the event any Qualified Reserve Account Credit Instrument should expire, terminate or become invalid or unenforceable, the Agency shall take all steps necessary to restore the amount on deposit in the Reserve Account to the Reserve Requirement. Investment of Funds All moneys in any of the funds and accounts established pursuant to the Indenture and held by the Trustee shall be invested by the Trustee upon the Written Request of the Agency solely in Permitted Investments as directed by the Agency. In the absence of written investment instructions from the Agency, the Trustee shall invest such moneys solely in Permitted Investments set forth in subparagraph (c) of the definition thereof. The Agency shall invest all moneys in the Special Fund in any investments authorized for the investment of Agency funds under the laws of the State of California. Moneys in the funds and accounts held by the Trustee shall be invested in Permitted Investments maturing not later than the date on which it is estimated that such moneys will be required by the Trustee or the Agency. Except as otherwise provided in the Indenture, all interest, profits and other income received from the investment of moneys in any fund or account shall be deposited therein. For the purpose of determining the amount in any such fund or account other than the Reserve Account, all Permitted Investments credited to such fund or account shall be valued at the lesser of cost or market value plus, prior to the first ,payment of interest following purchase, the amount of accrued interest, if any, paid as a part of the purchase price. For the purpose of determining the amount in the Reserve Account, all Permitted Investments credited to such funds shall be valued at their fair market value annually. The Trustee may commingle moneys on deposit in any of the funds or accounts established pursuant to the Indenture and held by the Trustee into a separate fund or funds for investment purposes only, provided that all funds or accounts held by the Trustee shall be accounted for separately as required by the Indenture. The Trustee may act as principal or agent in the making or disposing of any investment. The Trustee may sell at the best price obtainable, or present for redemption, any Permitted Investments so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such Authorized Investment is credited. The Trustee shall not be liable for any loss from such investments. 37 Other Covenants of the Agency Punctual Payment. The Agency agrees that it will punctually pay or cause to be paid the principal, and interest to become due in respect of all the Bonds in strict conformity with the terms of the Bonds and of the Indenture. The Agency agrees that it will faithfully observe and perform all of the conditions, covenants and requirements of the Indenture, and all Supplemental Indentures. Limitation on Additional Indebtedness. The Agency agrees that it will not issue any bonds, .notes or other obligations, enter into any agreement or otherwise incur any indebtedness, which is in any case payable from all or any part of the Tax Revenues, excepting only the Bonds, any Parity Debt and any Subordinate Debt. Books and Accounts; Financial Statements. The Agency will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Agency and the City in which complete and correct entries are made of all transactions relating to the Tax Revenues and the Special Fund. Such books of record and accounts will at all times during business hours be subject to the inspection of the Owners of not less than 10% in aggregate principal amount of the Bonds then Outstanding, or their representatives authorized in writing. The Agency will cause to be prepared annually, within 180 days after the close of each fiscal year so long as any of the Bonds are Outstanding, complete audited financial statements with respect to such fiscal year, and will furnish a copy of such statements to any Bondowner upon reasonable request and at the expense of such Bondowner. Maintenance of Tax Revenues. The Agency will comply with all requirements of the Redevelopment Law to insure the allocation and payment to it of the Tax Revenues, including without limitation the timely filing of any necessary statements of indebtedness with appropriate officials of Los Angeles County and the State of California. The Agency shall not undertake proceedings for amendment of the Redevelopment Plan if such amendment shall result in additional payments to one of more taxing entities pursuant to Sections 33507.5 and 33607.7 of the Redevelopment Law unless the Agency shall first obtain a written opinion of a Redevelopment Consultant that such payments will not adversely impair the Agency's ability to pay debt service on the Bonds. Plan Limit. The Agency agrees to manage its fiscal affairs in a manner which ensures that it will have sufficient Tax Revenues available under the Plan Limit in the amounts and at the times required to enable the Agency to pay the principal of and interest on the Bonds when due. Tax Covenants. The Agency will not take, nor permit nor suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of any of the Bonds which would cause any of the Bonds to be "arbitrage bonds ", "private activity bonds" or "federally guaranteed" within the meaning of applicable federal tax law. The Agency will cause to be calculated all excess investment earnings which are required to be rebated to the United States of America under applicable federal tax law, and will cause all required amounts to be rebated from available funds of the Agency. Continuing Disclosure. The Agency covenants that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of the Indenture, failure of the Agency to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, any Participating Underwriter (as defined in the Certificate) or any Bondowner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Agency to comply with its obligations under the provisions of the indenture. 38 Amendment of Indenture The Indenture may be amended at any time with the written consent of the Owners of a majority in aggregate principal amount of the outstanding Bonds. No such modification or amendment shall (1) extend the maturity of any Bond, or reduce the amount of principal or maturity amount thereof or the rate of interest with respect thereto, or reduce the amount of any mandatory sinking fund payment, or extend the time of payment of interest thereon, or change the monetary medium in which principal and interest are payable, without the consent of the Owner of each Bond so affected, or (2) reduce the percentage of Bonds the consent of the Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Tax Revenues and other assets pledged under the Indenture prior to or on a parity with the lien created by the Indenture other than as provided with respect to Parity Debt, or deprive the Owners of the Bonds of the lien created by the Indenture on such Tax Revenues and other assets (except as expressly provided in the Indenture), without the consent of the Owners of all of the Bonds then Outstanding. The Indenture may also be amended at any time without the consent of any Bondowners, to the extent permitted by law, but only for any one or more of the following purposes: (a) to add additional covenants and agreements of the Agency or to limit or surrender any rights or power reserved to or conferred upon the Agency provided that such addition, limitation or surrender of rights or powers by the Agency shall not materially adversely affect the interests of the Bondowners; (b) grant to the Trustee for the benefit of the Owners of the Bonds additional rights; (c) to cure any ambiguity, or to cure, correct or supplement any defective provision, or in any other respect as the Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments do not materially adversely affect the interests of the owners; (d) to amend any provision relating to the requirements of or compliance with applicable federal tax law, to comply with federal income tax law; (e) to amend the Indenture to comply with the Trust Indenture act of 1939; (f) to provide for the issuance of Parity Debt in accordance with the terms of the Indenture; or (g) to modify the Indenture in a manner which does not materially adversely affect the Bondowners. Events of Default and Remedies Events of Default Defined. The following events constitute Events of Default under the Indenture: (a) Default in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise; (b) Default in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; (c) Default by the Agency in the observance of any of the covenants, agreements or conditions on its part contained in the Indenture or in the Bonds if such default shall have continued for a period of 60 days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Agency by the Trustee, or to the Agency and the Trustee by the Owners of not less than 25 % in aggregate Bond Obligation of the Bonds at the time Outstanding; provided, however, that such default shall not constitute an Event of Default under the Indenture if the Agency shall commence to cure such default within the 60 -day period and thereafter diligently and in good faith proceed to cure such default within a reasonable period of time. (d) Piling by the Agency of a petition in bankruptcy. 39 Remedies. Upon the occurrence and during the continuance of any Event of Default, the Trustee may, and at the written direction of the Owners of a majority in aggregate principal amount of the Bonds at the time Outstanding shall, (a) upon notice in writing to the Agency, declare the principal of all of the Bonds then Outstanding, and the interest accrued thereon, to be due and payable immediately, and (b) at the request of at least a majority of Owners of the Bonds and upon receipt of indemnification satisfactory to it from any liability or expense, including payment of the fees and expenses of its counsel, exercise any other remedies available to the Trustee or the Owners in law or in equity. The Trustee is irrevocably appointed as trustee and lawful attorney -in -fact of the Owners for the purpose of bringing any suit, action or proceeding and to do and perform any and all acts for and on behalf of the Owners, as may be necessary or advisable in the opinion of the Trustee, subject to the provisions of the Indenture and applicable provisions of any law. The Trustee shall be entitled as a matter of right to the appointment of a receiver or receivers for the Tax Revenues, if appropriate, and for any other property securing the Bonds and the revenues, income, product, and profits thereon, if any, ex pa , and without notice, and the Agency consents to the appointment of such receiver upon the occurrence of an Event of Default. If any receivership, bankruptcy, insolvency, or reorganization or other judicial proceedings affecting the Agency is filed, the Trustee shall be entitled to file such proofs of claims and other documents as may be necessary or advisable in order to have claims of the Trustee and Bondowners allowed in such proceedings for the entire amount due and payable under the Indenture at the time of the institution of such proceedings, and also for any additional amount which may become due and payable thereafter, without prejudice to the right of any Bondowner to file a claim on his or her own behalf. The Trustee shall not be obligated to take any such action unless offered compensation, indemnity for its potential liability, and reimbursement for its legal fees and expenses in accordance with the Indenture. No Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under the Indenture or any applicable law with respect to such Bond unless (1) such Owner previously shall have given to the Trustee written notice of the occurrence of an Event of Default; (2) the Owners of not less than a majority in aggregate Bond Obligation of the Bonds then Outstanding shall have made written request upon the Trustee to exercise the powers granted by the Indenture or to institute such suit, action or proceeding in its own name; (3) such Owner or said Owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (4) the Trustee shall have refused or omitted to comply with such request for a period of 60 days after such written request shall have been received by, and said tender of indemnity shall have been trade to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds of any remedy under the Indenture or under law; it being understood and intended that no one or more Owners of Bonds shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of the Indenture or the rights of any other Owners of Bonds, or to enforce any right under the Indenture or applicable Iaw with respect to the Bonds, except in the manner therein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner therein provided and for the benefit and protection of all Owners of the Outstanding Bonds, subject to the provisions of the Indenture. Defeasance of Bonds Any Outstanding Bond may be paid by the Agency in any of the following ways: (a) by paying or causing to be paid the principal of, and interest on such Bond as and when the same become due and payable; (b) by depositing with the Trustee, in trust, at or before maturity, money or securities in the amount necessary (as provided in the Indenture) to pay or redeem such Bond; of (c) by delivering to the Trustee, for cancellation by it, such Bond. all If the Agency shall pay any Bonds Outstanding and shall also pay or cause to be paid all other sums payable under the Indenture by the Agency, then and in that case, at the election of the Agency (evidenced by a Written Certificate of the Agency, Fled with the Trustee, signifying the intention of the Agency to discharge all such indebtedness and the Indenture), and notwithstanding that any Bonds shall not have been surrendered for payment, the Indenture and the pledge of Tax Revenues and other assets made under the Indenture and all covenants, agreements and other obligations of the Agency under the Indenture with respect to such Bonds shall cease, terminate, become void and be completely discharged and satisfied. In the event of a payment of all Bonds Outstanding, upon the Written Request of the Agency, the Trustee shall cause an accounting for such period or periods as may be requested by the Agency to be prepared and filed with the Agency and shall execute and deliver to the Agency all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over, transfer, assign or deliver to the Agency all moneys or securities or other property held by it pursuant to the Indenture which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. 41 FINANCIAL INFORMATION Agency Budgetary Process and Administration The law requires redevelopment agencies to adopt an annual budget containing the following: (1) The proposed expenditures of the agency. (2) The proposed indebtedness to be incurred by the agency. (3) The anticipated revenues of the agency. (4) The work program for the corning year, including goals. (5) An examination of the previous years' achievements and a comparison of the achievements with the goals of the previous years' work program. All expenditures and indebtedness of the Agency are required to be in conformity with the adopted or amended budget. The Executive Director of the Agency is responsible for preparing the proposed budget and submitting it to the Agency Governing Board. After reviewing the proposed budget at a public meeting, the Agency Governing Board holds a public hearing. The Agency Governing Board adopts the budget prior to the start of each fiscal year. The Finance Director acts as Treasurer of the .Agency and is responsible for controlling expenditures within budgeted appropriations. Public Employee Salaries and Benefits The Agency contracts with the City to provide the Agency with staff. Agency Accounting Records and Financial. Statements Every redevelopment agency is required to present an annual report to its legislative body (being the city council) within six months of the end of each fiscal year. The annual report is required, among other things, to include an independent financial "audit report" and a fiscal statement for the previous fiscal year. The California Health and Safety Code defines "audit report" to mean an examination of and opinion on the financial statements of the agency which presents the results of the operations and financial position of the agency. The independent financial audit is required to be conducted in accordance with generally accepted auditing standards and the rules governing audit reports promulgated by the Governmental Accounting Standards Board. The independent financial audit report is also required to include an opinion of the agency's compliance with laws, regulations and administrative requirements governing activities of the agency. The California Health and Safety Code requires the fiscal statement to contain the following information: (1) The amount of outstanding indebtedness of the agency and each project area. (2) The amount of tax increment revenues generated in the agency and in each project area. (3) The amount of tax increment revenues paid to a taxing agency pursuant to a tax sharing agreement, other than school or community college district. (4) The financial transactions report required to be submitted to the State Controller. 42 (5) The amount allotted to school or community college districts pursuant to the Redevelopment Law. (6) The amount of existing indebtedness and the total amount of payments required to be paid on existing indebtedness for that fiscal year. (7) Any other fiscal information which the agency believes is useful to describe its programs. In addition, the annual report is required to include detailed information regarding the Agency's housing program to assist low and moderate income households and deposits and expenditures from the Low and Moderate Income Housing Fund required pursuant to the Redevelopment Law. The Indenture requires the Agency to keep, or cause to be kept, proper books and accounts separate from all other records and accounts of the Agency and the City in which complete and correct entries are made of all transactions relating to the Tax Revenues and the Special Fund. The Indenture requires the Agency to file with the Trustee annually, within 180 days after the close of each fiscal year, so long as any of the Bonds are Outstanding, its audited financial statements showing the Tax Revenues and all disbursements from the Special Fund as of the end of such fiscal year. The Agency covenants under the Indenture to furnish a copy of such statements upon reasonable request to any Bondowner. Basis of Accounting. The modified accrual basis of accounting is used by all governmental fund types and agency funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (he., when they become both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The Agency considers property taxes as available if they are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred. Principal and interest on general long -term debt are recorded as fund liabilities when due. Measurement Focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. Generally, this means that only current assets and current liabilities are included on their balance sheets, with the exception that the non - current portion of long -term receivables and advances due to governmental funds are reported on their balance sheets, offset by fund balance reserve accounts. Statements of revenue, expenditures and changes in fund balances for governmental funds generally present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in current assets. The Agency retained the firm of Moreland & Associates, Certified Public Accountants, Newport Beach, California, to examine the component unit financial statements of the Agency as of and for the fiscal year ended June 30, 1998, which are included as "APPENDIX C ". The firm's examination was made in accordance with generally accepted auditing standards and the "Guidelines for Compliance Audits of California Redevelopment Agencies" issued by the State Controller. The firm reported after their examination that the Agency's financial statements present fairly its financial position and results of operations in conformity with generally accepted accounting principles and that they noted no instances of non - compliance for the fiscal year ended June 30, 1998. The Agency has also retained Moreland & Associates to examine the general purpose financial statements of the Agency for the fiscal year ended June 30, 1999, which the Agency expects to be available by , 2000. The Agency reports that there has been no significant change in the Agency's financial position since June 30, 1998. 43 Tax Increment Revenues Tax Increment Revenues. As provided in the Redevelopment Plan for the Project Areas and pursuant to Article 6 of Chapter 6 of the Redevelopment Law and Section t6 of Article XVI of the Constitution of the State of California, taxes levied upon taxable property in a project area each year by or for the benefit of the State, any city, county, city and county or other public corporation for fiscal years beginning after the effective date of the ordinance adopting the Redevelopment Plan for the project area, or any amendment with respect thereto, will be divided as follows: (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sutra of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of that property by the taxing agency, last equalized prior to the effective date of the ordinance, shall be allocated to and when collected shall be paid to the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which that territory has been annexed or otherwise included after that effective date, the assessment roll of the county last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the project on the effective date); (b) Except as provided in subdivision (c), that portion of the levied taxes each year in excess of that amount shall be allocated to and when collected shall be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assurned, or otherwise) incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless and until the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in that project as shown by the last equalized assessment roll referred to in subdivision (a), all of the taxes levied and collected upon the taxable property in the redevelopment project shall be paid to the respective taxing agencies. When the loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in such redevelopment project shall be paid to the respective taxing agencies as taxes on all other property are paid; and (c) That portion of the taxes in excess of the amount identified in subdivision (a) which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that taxing agency. This subdivision applies to taxes levied to repay bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1989. Procedure for the Allocation and Payment of Tax Increment Revenues. The portion of taxes required to be allocated to the Agency is allocated and paid to the Agency by the County Auditor pursuant to the following procedure: Not later than the first day of October of each year, the Agency is required to file with the County Auditor a statement of indebtedness certified to by the chief fiscal officer of the Agency for each project area. The statement of indebtedness is required to contain for each such project area: (a) The date on which each loan, advance, or indebtedness was incurred or entered into; 44 (b) The principal amount, term, purpose, and interest rate, of each loan, advance or indebtedness; and (c) The outstanding balance and amount due or to be paid by the Agency of each loan, advance or indebtedness. At the same time or times as the payment of taxes into the funds of the respective taxing agencies of the County, the County Auditor - Controller is required to allocate and pay Tax Increment Revenues to the Agency in an amount not to exceed the amount of loans, advances and indebtedness as shown on the Agency's Statement of Indebtedness. Manner in Which Property Valuations and Assessments are Determined (Article XIIIA. On June 6, 1978, California voters approved an amendment (commonly known as both Proposition 13 and the Jarvis -Gann Initiative) to the State Constitution which imposes certain limitations on taxes that may be levied against real property. This amendment, which added Article XIIIA to the State Constitution, among other things, defines full cash value of property to mean "the county assessor's valuation of real property as shown on the 1975176 tax bill under `full cash value', or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment ". This full cash value may be adjusted annually to reflect inflation at a rate not to exceed two percent per year, or any reduction in the consumer price index or comparable local data, or any reduction in the event of declining property value caused by substantial damage, destruction or other factors. The amendment further limits the amount of any ad valorem tax on real property to one percent of the full cash value of that property, except that additional taxes may be levied to pay debt service on indebtedness approved by the voters prior to July 1, 1978 and on any bonded indebtedness for the acquisition or improvement of real property which is approved after July 1, 1978 by two- thirds of the votes cast by voters voting on such indebtedness. However, pursuant to an amendment to the California Constitution, redevelopment agencies are prohibited from receiving any of the tax increment revenue attributable to tax rates levied to finance bonds approved by the voters on or after January 1, 1989 (see "Property Tax Rate" below). In the general election held November 4, 1986, voters of the State of California approved two measures, Propositions 58 and 60, which further amend the terms "purchase" and "change of ownership ", for purposes of determining full cash value of property under Article XIIIA, to not include the purchase or transfer of (1) real property between spouses and (Z) the principal residence and the first $1,000,000 of other property between parents and children. Proposition 60 amends Article XIIIA to permit the Legislature to allow persons over age 55 who sell their residence and buy or build another of equal or lesser value within two years in the same county (or in certain cases, another county), to transfer the old residence's assessed value to the new residence. For each fiscal year since Article XIIIA has become effective (the 1978179 fiscal year), the annual increase for inflation has been at least two percent except for the 1983184, 1995196 and 1996197 fiscal years. For the 1983184 fiscal year, the annual increase for inflation was I %; for the 1995196 fiscal year, the annual increase for inflation was 1.19 %; and for the 1996197 fiscal year, the annual increase for inflation was 1.11 %, reflecting the actual increase in the State Consumer Price Index, as reported by the State Department of Finance. The projections contained in "TABLE NO. 1 - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein are based on the assumption that inflation will be at least two percent annually in future years. In accordance with this assumption, the projection of Tax Increment Revenues in such tables includes a two percent annual valuation increase for existing real property on the secured property assessment roll. 45 As described above, the full cash value of property is redetermined with each change of ownership. There is not adequate statistical data for smaller geographical areas such as the Project Areas to reliably project increases in assessed valuation due to changes in property ownership. Therefore, the projections of Tax Increment Revenues in "TABLE NO. I - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein are based upon. the assumption that there will not be any value added to the talc rolls as a result of changes in property ownership. Proposition 8 Adjustments. Proposition 8, approved in 1978, provides for the assessment of real property at the lesser of its originally determined (base year) full cash value compounded annually by the inflation factor determined pursuant to Article XIIIA, or its full cash value as of the lien date, taking into account reductions in value due to damage, destruction, obsolescence or other factors causing a decline in market value. Full cash value, sometimes referred to as market value, is affected by fluctuations in the real estate market, fluctuations in interest rates, unexpected increases in development costs and other factors. Reductions based on Proposition 8 do not establish new base year values, and the property may be reassessed the following lien date up to the lower of the then- current fair market value or the factored base year value. Because of generally adverse economic conditions affecting the real estate market, many localities in California have experienced certain declines in assessed values as a result of Proposition 8 property owner appeals or blanket adjustments made by the County Assessor to property changing ownership or newly built since 1988. Unsecured and Secured Property. In California, property which is subject to ad valorem taxes is classified as "secured" or "unsecured ". The secured classification includes property on which any property tax levied by a county becomes a lien on that property. A tax levied on unsecured property does not become a lien against the taxed unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on secured property, arising pursuant to ,State law, has priority over all other liens on the secured property, regardless of the time of the creation of the other liens. For the purpose of projecting Tax Increment Revenues in "'TABLE NO. 1 - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein, the unsecured property assessment roll was assumed to remain constant at the level shown on the 1999/00 assessment roll. Property in the Project Areas is assessed by the Los Angeles County Assessor except for public utility property which is assessed by the State Board of Equalization. The valuation of secured property is determined as of January 1 each year for taxes owed with respect to the succeeding fiscal year. The tax rate is equalized during the following September of each year, at which time the tax rate is determined. Taxes are due in two equal installments. Installments of taxes levied upon secured property become delinquent on the following December 10 and April 10. Taxes on unsecured property are due January I and become delinquent August 31, and such taxes are levied at the prior year's secured tax rate. Secured and unsecured property is entered on separate parts of the assessment roll maintained by the county assessor. The method of collecting delinquent taxes is substantially different for the two classifications of property. The taxing agency has four ways of collecting unsecured property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the county clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of delinquency for record in the county recorder's office, in order to obtain a lien on certain property of the taxpayer; and (4) seizure and sale of personal property, improvements or possessory interests belonging or assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes with respect to property on the secured roll is the sale of the property securing the taxes to the State for the amount of taxes which are delinquent. 46 Currently, a 10% penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. Property on the secured roll with respect to which taxes are delinquent is sold to the State on or about June 30 of the fiscal year. Under State law, from time of the sale of the property to the State for nonpayment of taxes, owners have rive years to redeem, during which time legal title remains in the owners as taxpayers subject to a lien in favor of the State. The amount necessary to redeem the property is equal to the sum of the delinquent taxes, delinquency penalties and redemption penalties of 11/2 % per month. Five years after the property is in default of taxes, the tax collector has the authority to sell property which has not been redeemed. A 10% penalty also attaches to delinquent taxes with respect to property on the unsecured roll, and further, an additional penalty of 11/2 % per month accrues with respect to such taxes beginning the first day of the third month following the delinquency date. Supplemental Assessments. Legislation adopted in 1984 (Section 75, et seq. of the Revenue and Taxation Code of the State of California) provides for the supplemental assessment and taxation of property at its full cash value as of the date of a change of ownership or the date of completion of new construction (the "Supplemental Assessments "). To determine the amount of the Supplemental Assessment the County Auditor applies the current year's tax rate to the supplemental assessment roll and computes the amount of taxes that would be due for the full year. The taxes due are then adjusted by a proration factor to reflect the portion of the tax year remaining as determined by the date on which the change in ownership occurred or the new construction was completed. Supplemental Assessments become a lien against the real property on the date of the change of ownership or completion of new construction. Supplemental Assessments are not included in the Table Nos. 2 through G "HISTORICAL ASSESSED VALUATIONS AND TAX INCREMENT REVENUES" herein. In addition, because Supplemental Assessments cannot be projected, Supplemental Assessments are not included in the projections of Tax. Increment Revenues in "TABLE NO. I - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein. Unitary Property. Commencing in the 1988/89 fiscal year, the Revenue and Taxation Code of the State of California changed the method of allocating property tax revenues derived from state assessed utility properties. It provides for the distribution of state assessed values to tax rate areas by a county- wide mathematical formula rather than assignment of state assessed value according to the location of those values in individual tax rate areas. Commencing with the 1988/89 fiscal year, each county has established one county -wide tax rate area. The assessed value of all unitary property in the county has been assigned to this tax rate area and one tax rate is levied against all such property ( "Unitary Revenues "). The property tax revenue derived from the assessed value assigned to the county -wide tax rate area shall be allocated as follows: (1) each jurisdiction will be allocated up to two percent of the increase in Unitary Revenues on a pro -rata basis county -wide; and (2) any decrease in Unitary Revenues or increases less than two percent, or any increase in Unitary Revenues above two percent will be allocated among jurisdictions in the same proportion of each jurisdiction's Unitary Revenues received in the prior year to the total Unitary Revenues county -wide. Taxable values for properties assessed by the State Board of Equalization, the tax rate levied against such property and the corresponding Unitary Revenues have been held constant at 1999/00 levels for the purpose of projecting Tax Increment Revenues in "TABLE NO. I - PROTECTED TAX REVENUES AND BOND RETIREMENT" herein. Ey] Property Tax Rate. There are numerous tax rate areas within the Project Areas. The differences between the $1.00 tax rate and those actually levied (referred to as the "tax override rate ") represents the tax levied by overlapping entities to pay debt service on bonded indebtedness approved by the voters. Tax override rates typically decline each year. A declining tax override rate is the result of several factors: an effective limit, established by Article XIIIA of the California Constitution, on the amount of property taxes that can be levied; rising taxable values within the jurisdictions of taxing entities levying the approved override rate (which reduces the tax rate needed to be levied by the taxing entity to meet debt service requirements); and the eventual retirement, over tune, of the voter - approved debt. For fiscal year 1998199, the tax rate, including the tax override rate, for the majority of the property in the Project Areas is $ per $100 of taxable value. Future Tax Increment Revenues have been projected in "TABLE NO. 1 - PROJECTED TAX REVENUES AND BOND RETIREMENT" herein by applying the general levy ($1.00 per $100 of taxable value) to incremental taxable values. Administrative Costs. In 1990, the Legislature enacted SB 2557 (Chapter 466, Statutes of 1990) which allows counties to charge for the cost of assessing, collecting and allocating property tax revenues to local government jurisdictions on a prorated basis. For fiscal year 1998199 the County charged administrative fees totaling approximately $78,000 to the Project Areas. The projections of Tax Increment Revenues take administrative costs into account. 48 LEGAL MATTERS Enforceability of Remedies The remedies available to the Trustee and the Owners of the Bonds upon an event of default under the Indenture or any other document described herein are in many respects dependent upon regulatory and judicial actions which are often subject to discretion and delay. Under existing law and judicial decisions, the remedies provided for under such documents may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Bonds will be qualified to the extent that the enforceability of certain legal rights related to the Indenture is subject to limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally and by equitable remedies and proceedings generally. Approval of Legal Proceedings Jones Hall, A Professional Law Corporation, San Francisco, California, as Bond Counsel, will render an opinion which states that the Indenture is a valid and binding obligation of the Agency and enforceable in accordance with its terms. The legal opinion of Bond Counsel will be subject to the effect of bankruptcy, insolvency, moratorium and other similar laws affecting creditors' rights and to the exercise of judicial discretion in accordance with general principles of equity. The Agency has no knowledge of any fact or other information which would indicate that the Indenture is not so enforceable against the Agency, except to the extent such enforcement is limited by principles of equity and by state and federal laws relating to bankruptcy, reorganization, moratorium or creditors' rights generally. Certain legal matters will be passed on for the Agency by Alvarez- Glasman & Colvin, West Covina, California, Agency Counsel and by California, as Disclosure Counsel. Fees payable to Bond Counsel and Disclosure Counsel are contingent upon the sale and delivery of the Bonds. Tax Exemption In the opinion of Jones Hall, A Professional Law Corporation, San Francisco, California, Bond Counsel, subject, however to the qualifications set forth below, under existing law, the interest on the Bonds is excluded from gross income for federal income tax purposes and such interest is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, provided, however, that, for the purpose of computing the alternative minimum tax imposed on corporations (as defined for federal income tax purposes), such interest is taken into account in determining certain income and earnings. The opinions set forth in the preceding paragraph are subject to the condition that the Agency comply with all requirements of the internal Revenue Code of 1986 (the "Code ") that must be satisfied subsequent to the issuance of the Bonds in order that such interest be, or continue to be, excluded from gross income for federal income tax purposes. The Agency has covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of such interest in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income taxes. 49 Owners of the Bonds should also be aware that the ownership or disposition of, or the accrual or receipt of interest on, the Bonds may have federal or state tax consequences other than as described above. Bond Counsel expresses no opinion regarding any federal or state tax consequences arising with respect to the Bonds other than as expressly described above. Absence of Litigation The Agency will furnish a certificate dated as of the date of delivery of the Bonds that there is not now known to be pending or threatened any litigation restraining or enjoining the execution or delivery of the Indenture or the sale or delivery of the Bonds or in any manner questioning the proceedings and authority under which the Indenture is to be executed and delivered or the Bonds are to be delivered or affecting the validity thereof. 50 CONCLUDING INFORMATION Ratings on the Bonds Standard & Poor's Ratings Services and Moody's Investors Service have assigned their ratings of " " and " ", respectively, to the Bonds with the understanding that a Municipal Bond Insurance Policy insuring payment when due of the principal of and interest on the Bonds will be issued on the closing date by . Such rating reflects only the views of the rating agency and any desired explanation of the significance of such rating should be obtained from the rating agency. Generally, a rating agency bases its rating on the insurance and the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such rating will continue for any given period of time or that such rating will not be revised downward or withdrawn entirely by the rating agency, if in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds. The Financing Consultant The material contained in this Official Statement was prepared by Rod Gunn Associates, Inc., Seal Beach, California, an independent financial consulting Firm, who advised the Agency as to the financial structure and certain other financial matters relating to the Bonds. The information set forth herein has been obtained by Rod Gunn Associates, Inc. from sources which are believed to be reliable, but such information is not guaranteed by Rod Gunn Associates, Inc. as to accuracy or completeness, nor has it been independently verified. Fees paid to Rod Gunn Associates, Inc. are contingent upon the sale and delivery of the Bonds. Underwriting California (the "Underwriter ") is offering the Bonds at the prices set forth on the inside cover page hereof. The initial offering prices may be changed from time to time and concessions from the offering prices may be allowed to dealers, banks and others. The Underwriter has purchased Bonds at a price equal to $ , which amount represents the principal amount of the Bonds, less an original issue discount of $ and less Underwriter's discount of $ . The Underwriter will pay certain of its expenses relating to the offering. Verifications of Mathematical Computations Grant Thornton LLP, Minneapolis, Minnesota will verify from the information provided to them the mathematical accuracy as of the date of the closing on the Bonds of (1) the computations contained in the provided schedules to determine that the anticipated receipts from the securities and cash deposits listed in the schedules prepared by Rod Gunn Associates, Inc., to be held in escrow, will be sufficient to pay, when due, the principal, and redemption premium interest requirements of the Prior Bonds, and (2) the computations of yield on both the securities and the Bonds contained in the provided schedules used by Bond Counsel in its determination that the interest on the Bonds is exempt from tax. Grant Thornton LLP will express no opinion on the assumptions provided to them, nor as to the exemption from taxation of the interest on the Bonds. 51 Additional Information The summaries and references contained herein with respect to the Indenture, the Bonds, statutes and other documents, do not purport to be comprehensive or definitive and are qualified by reference to each such document or statute and references to the Bonds are qualified in their entirety by reference to the form hereof included in the Indenture. Definitions of certain terms used herein are set forth in °APPENDIX A". Copies of the Indenture are available for inspection during the period of initial offering on the Bonds at the offices of the Financing Consultant, Rod Gunn Associates, Inc., 3010 Old Ranch Parkway, Suite 330, Seal Beach, California 90740, telephone (562) 598 -7677. Copies of this document may be obtained after delivery of the Bonds from the City at 14403 E. Pacific Avenue, Baldwin. Park, California 91706. References Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. This Official Statement is not to be construed as a contract or agreement between the Agency and the purchasers or Owners of any of the Bonds. Execution The execution and delivery of this Official Statement by the Executive Director has been duly authorized by the Baldwin Park Redevelopment Agency. BALDWIN PARK REDEVELOPMENT AGENCY By: 52 Executive Director APPENDIX A DEFINITIONS OF CERTAIN TERMS Unless otherwise defined in this Official Statement, the following terms have the following meanings. "Annual Debt Service" means, for each Bond Year, the sum of (1) the interest falling due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Serial Bonds are retired as scheduled and that the Outstanding Term Bonds are .redeemed from sinking account payments as scheduled, (2) the principal amount of Outstanding Term Bonds falling due by their terms in such Bond Year or required to be paid or redeemed from mandatory sinking fund payments in such Bond Year as provided in the Indenture or in any Parity Debt Instrument; provided, however, that Annual Debt Service shall not include (a) interest on Bonds which is to be paid from amounts constituting capitalized interest, or (b) that portion of the proceeds of any Parity Debt required to remain unexpended and to be held in escrow pursuant to the terms of a Parity Debt Instrument, provided that (i) projected interest earnings on such proceeds, plus such amounts, if any, deposited by the Agency in the Interest Account, are sufficient to pay the interest due on such portion of the Parity Debt so long as it is required to be held in escrow and (ii) the conditions for the release of such proceeds from escrow, insofar as they relate to Tax Revenues coverage and satisfaction of the Reserve Requirement, are substantially similar to those for the issuance of Parity Debt. "Bond Year" means each twelve -month period beginning on August 2 of each year and ending on September 1 of the following year, except the first such Bond Year shall begin on the Closing Date and end on September 1, 2000. "Certificate of the Agency" means a certificate in writing signed by the Chairperson, Executive Director, Assistant Executive Director, Agency Treasurer or Secretary of the Agency, or any other officer of the Agency duly authorized by the Agency for that purpose. "Federal Securities" means any of the following which are noncallable and which at the time of investment are legal investments under the laws of the State for trust funds held by the Trustee: (a) Direct obligations of the United States of America (including obligations issued or held in book - entry form on the books of the Department of the Treasury of the United States of America and CATS and TGRS), or obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including without limitation, such of the foregoing which are commonly referred to as "stripped" obligations and coupons; or (b) Any of the following obligations of the following agencies of the United States of America: (i) direct obligations or fully guaranteed certificates of beneficial ownership of the U.S. Export - Import Bank, (ii) certificates of beneficial ownership issued by the Farmers Home Administration, (iii) obligations of the Federal Financing Bank, (iv) debentures of the Federal Housing Administration, (v) participation certificates issued by the General Services Administration, (vi) mortgage- backed bonds or pass - through obligations issued and guaranteed by the Government National Mortgage Association, (vii) project notes and local authority bonds issued by the United States Department of Housing and Urban Development ( "HUD "), and (viii) new communities debentures, public housing notes and bonds of HUD guaranteed by the United States of America. "Fiscal Year" means the period beginning on July 1 of each year and ending on the next succeeding June 30, or any other fiscal year established by the Agency. "Interest Payment Date" means March I and September I of each year commencing March 1, 2001. A -1 "Maximum Annual Debt Service" means, as of the date of any calculation, the largest Annual Debt Service on all Outstanding Bonds for the current or any future Bond Year. "Outstanding ", when used as of any particular time with reference to Bonds, means (subject to the provisions of the Indenture) all Bonds except: (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of the Indenture; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Agency pursuant to the Indenture. "Parity Debt Instrument" means any resolution, indenture of trust, trust agreement or other instrument authorizing the issuance of any Parity Debt. A Parity Debt Instrument may include a Supplemental Indenture. "Permitted Investments" means any of the following which at the time of investment are legal investments under the laws of the State for the moneys proposed to be invested therein: (a) Federal Securities; (b) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non -full faith and credit U.S. government agencies (stripped securities are only permitted if they have been stripped by the agency itself): (i) senior debt obligations of the Federal Home Loan Bank System; (ii) participation certificates and senior debt obligations of the Federal Home Loan Mortgage Corporation; (iii) mortgaged - backed securities and senior debt obligations of the Federal National Mortgage Association; (iv) senior debt obligations of the Student Loan Marketing Association; and (v) obligations of the Resolution Funding Corporation; (c) money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by Standard & Poor's of "AAAm ", or "AAm" or "AAAm -G", including funds for which the Trustee, its parent or affiliates, provide investment advisory or other management services; (d) certificates of deposit, savings accounts, deposit accounts or money market deposits (including those of the Trustee or any of its affiliates) which are fully insured by the Federal Deposit Insurance Corporation; (e) commercial paper rated, at the time of purchase, "Prime -1" by Moody's and "A -1" or better by Standard & Poor's; (f) bonds or notes issued by any state of municipality which are rated by Moody's and Standard Poor's in one of the two highest rating categories assigned by such agencies; (g) federal funds or bankers acceptances with a maximum term of one year of any bank with an unsecured, uninsured and unguaranteed obligation rating of "Prime -I" or "A3" or better by Moody's and "A -1" or "A" or better by Standard & Poor's; (h) an investment agreement with a financial institution the long -term unsecured obligations or claims paying ability of which are rated AA or better by Standard & Poor's; (i) The Local Agency Investment Fund of the State of California. A -2 "Record Date" means, with respect to any Interest Payment Date, before the close of business on the fifteenth (15th) calendar day of the month preceding such Interest Payment Date, whether or not such fifteenth (15th) calendar day is a Business Day. "Reserve Requirement" means, as of the date of any calculation, the least of Maximum Annual Debt Service on all Outstanding Bonds, 10% of the original proceeds of the Bonds (as that term is defined in the Internal Revenue Code of 1986) or 125% of the average Annual Debt Service on the Bonds. "Tax Revenues" means (a) those taxes paid to the Agency with respect to the Project Areas pursuant to Article 6 of Chapter 6 of the Redevelopment Law, and Section 16 of Article XVI of the Constitution of the State, or pursuant to other applicable State law, and as provided in the Redevelopment Plans, and (b) reimbursements, subventions (but excluding payments to the Agency with respect to the personal property within the Redevelopment Project pursuant to Section 16110, et seq., of the Government Code of the State), or other payments made by the State with respect to any property taxes that would otherwise be due on real or personal property but for an exemption of such property from such taxes; including, pursuant to Section 33485 et seq. of the Redevelopment Law, that portion of such taxes otherwise required by Section 33334.3 of the Redevelopment Law to be deposited in the Low and Moderate Income Housing Fund, but excluding (i) all amounts payable by the Agency to affected taxing agencies pursuant to any existing Tax Sharing Agreements or pursuant to Section 33607.5 and 33607.7 of the Redevelopment Law, (ii) that portion of such taxes allocated to the Agency's San Gabriel River Redevelopment Project Area and pledged to the payment of the Agency's San Gabriel River Project Loan and (iii) that portion of the Tax Increment Revenues allocable to the Puente - Merced Redevelopment Project Area and pledged to the payment of the Agency's Puente - Merced Refunding Loan. A -3 CITY OF BALDWIN PARK INFORMATION STATEMENT The following information concerning the City of Baldwin Park is presented as general background data. The Bonds are payable solely from Tax Revenue as described in the Official Statement. The Bonds are not an obligation of the City, and the taxing power of the City is not pledged to the payment of the Bonds. General Information The City of Baldwin Park, encompassing 6.7 square miles, is located centrally within the San Gabriel Valley in the County of Los Angeles. It is 17 miles east of downtown Los Angeles and 397 miles south of San. Francisco. The City is 30 minutes northeast of the nearest seaport terminal of Long Beach, and 5 miles west of the San Gabriel Mountains. Neighboring communities include West Covina, Irwindale, Duarte and El Monte. Governmental Services Baldwin Park, a general law city, was incorporated in 1956. The City has a council - Manager form of municipal government. The City Council appoints the City Manager who is responsible for the day -to- day administration of City business and the coordination of all departments of the City. The City Council is composed of a Mayor and four members elected bi- annually at large to four -year alternating terms. The City employs a staff of approximately 178 full -tune equivalent employees. The City provides police protection, sewer maintenance, water, trash collection, street sweeping, park maintenance and building inspection. It cooperates with Los Angeles County in the provision of flood control and fire protection. The Baldwin Park Police Department operates from one station and has 72 sworn officers serving the community. Baldwin Park has a city fire insurance rating of 2. Transportation Baldwin Parks' location near the junction of three interstate freeways affords easy access to the extensive Southern California freeway network. The San Bernardino Freeway (Interstate 10), a major east -west thoroughfare, crosses the southern extremity of the City. Baldwin Park is also adjacent to the San Gabriel River Freeway (Interstate 605) and within minutes of Interstate 210. Air cargo and passenger flight services are provided at the Ontario International Airport, Los Angeles International Airport, Burbank - Glendale- Pasadena Airport and Long Beach Airport. The Ontario International Airport is approximately 30 minutes from the City, while the others are approximately 45 minutes to an hour from the City. The nearby El Monte Airport, Brackett Airport in Pomona and Chino County Airport in Chino provide additional private and executive air transportation facilities. Local bus transportation is provided through the Southern California Rapid Transit District plus interurban buses and local inter - community Omni Trans Bus Service. Greyhound Bus Lines provide service to other local areas and additional transcontinental service. Commercial and passenger rail services are provided by Union Pacific, Southern Pacific and Santa Fe Railway Co., and Amtrak lines. Trucking services are provided through 81 lines and five freight forwarders. Population The following charts provide a comparison of population growth for Baldwin Park, surrounding cities and Las Angeles County between 1995 and 1999. TABLE NO. B -1 CHANGE IN POPULATION BALDWIN PARK, SURROUNDING CITIES AND LOS ANGELES COUNTY 1995-1999 6.0% Surrounding cities include West Covina, Irwindale, Duarte and El Monte. Source: State of California Department of Finance, population Research Unit, "Population Estimates for California Cities and Counties ", published annually in May for current year. SALDWIN PARK 5.0 LOS ANGELES COUNTY 4.6% Percentage: Percentage Percentage Year Population Change Popuiation Charge Population :: Change 1995 73,300 237,140 9,327 ,300 1996 73,500 0.3% 238,390 0.570 9,374,400 0.5% 1997 74,300 1.1% 241,360 1.2% 4.0% 1.0% 1998 75,100 1.1% 244,420 1.3% 9,587,300 1.2% 1999 76,300 1.6% 248,940 1.8% 9,757,500 1.8% % Increase Between 1995- 1999 4.1% 5.0% 4,6% r �.Y.�'w•3Y 3.0%- f 1.0% # c� w Baldwin Park Surrounding Cities Los Angeles County Surrounding cities include West Covina, Irwindale, Duarte and El Monte. Source: State of California Department of Finance, population Research Unit, "Population Estimates for California Cities and Counties ", published annually in May for current year. SALDWIN PARK LOS ANGELES COUNTY Percentage: Percentage Percentage Year Population Change Popuiation Charge Population :: Change 1995 73,300 237,140 9,327 ,300 1996 73,500 0.3% 238,390 0.570 9,374,400 0.5% 1997 74,300 1.1% 241,360 1.2% 9,470,900 1.0% 1998 75,100 1.1% 244,420 1.3% 9,587,300 1.2% 1999 76,300 1.6% 248,940 1.8% 9,757,500 1.8% % Increase Between 1995- 1999 4.1% 5.0% 4,6% Surrounding cities include West Covina, Irwindale, Duarte and El Monte. Source: State of California Department of Finance, population Research Unit, "Population Estimates for California Cities and Counties ", published annually in May for current year. Personal Income Median. personal income information for the City of Baldwin Park, Los Angeles County, the State of California and the United States are summarized in the following charts. TABLE NO. B -2 EFFECTIVE BUYING INCOME CITY OF BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA AND UNITED STATES 1994-1998 S4 $4 $3. $2 $2 $1. $1 $ 1994 1995 1996 199/ 1y06 0 Baldwin. Park C] Los Angeles County ® State of Califoznia 0 United States Year Baldwin Parr Los Angeles Cotnnty . State of California thOte i States 1994 $38,112 540,481 $40,969 $37,070 1995 31,311 32,979 34.533 32,238 1996 31,694 33,272 35,216 33,482 1997 32,855 34,356 36,483 34,61g 1998 32,972 34,554 37,091 35,377 f> Prior to 1995, Effective Buying Income was bases on "Personal Income" rather than "Money Income" and in not directly comparable with 1995 Effective Buying Income. Source: Sales and Marketing Management, "Survey of Buying Power", published annually in August for prior year. Employment and Industry The City is located in the Los Angeles /Long Beach MSA Iabor market. Four major job categories constitute 84.8% of the work force. They are services (32.7 %), wholesale and retail trade (22.17o), manufacturing (15.7%) and government (14.3%). The January, 2000 unemployment rate in the Los Angeles /Long Beach area was 5.9 %. The State of California January, 2000 unemployment rate (unadjusted) was 5.4%. TABLE NO. B -3 LOS ANGELES /LONG BEACH MSA WAGE AND SALARY WORKERS BY INDUSTRY (in thousands) Industry; 1996 1997 1998 1999: 20 ©0 Government 529.4 535.0 539.7 546.4 575.4 Services 1,211.9 1,255.0 1,269.7 1,2910 1,311.4 Finance, Insurance & Real Estate 2210 214.3 220.6 228.1 234.8 Wholesale & Retail Trade 857.1 839.6 863.4 876.1 887.4 Transportation and Public Utilities 203.3 205.4 213.7 226.0 237.1 Manufacturing Nondurable Goods 287.8 295.5 302.7 291.8 286.4 Durable Goods 3419 354.2 368.0 367.2 346.6 Construction and Mining 118.1 111.0 116.1 120.7 129.2 Total Nonagricultural 3,773.5 3,810.0 3,893.9 3,948.3 4,008.3 Agriculture, forestry & fisheries * 8.6 6.4 6.4 6.4 7.1 Total (all industries) 3,782.1 3,816.4 3,900.3 3,954.7 4,015.4 OF TOTAL WORKERS lnciustry . 1996 1997 1998: 1999 2000 Government 14.0% 14.0 % 13.8% 13.8% 14.3 Services 32.09c 32.9% 316% 32,7% 32.7 Finance, Insurance & Real Estate 5.9% 5.6% 5.7% 5.8% 5.8% Wholesale & Retail Trade 22,7% 22.0% 22.1% 22.2% 22.1% Transportation and Public Utilities 5.4% 5.4% 5.5 % 5,7% 5.9 Manufacturing Nondurable Goods 7.6% 7.7% 7.8% 7,4% 7.1% Durable Goods 9.1% 93% 9.4% 93% 8.6% Construction and Mining 3.1% 2,97b 3.0% 3.17o 3.2% Total Nonagricultural 99.8% 99.8% 99.8% 99.8% 99.8% Agriculture, forestry & fisheries * 0.2% 0.2% 0.2% 0.2% 0.2% Total (alt industries) 100.0% 100.0% 100.0% 100.0% 100.0% (1) Annually, as of January. Due to the change in the estimating method, farm employment data prior to January, 1997 may not be strictly comparable to current farm employment estimates. Source: State of California Employment Development Department, "Annual Planning Information" and "California Labor Market Bulletin". R The major employees operating within the City and their respective number of employees as of 1999 are as follows: TABLE NO. B -4 CITY OF BALDWIN PARK TOP MANUFACTURING EMPLOYMENT Employer Number of Em la ees Type of Business CITY OF BALDWIN PARK TOP NON - MANUFACTURING EMPLOYMENT Employer Number of Employee Type of Business Source: City of Baldwin Park. In Commercial Activity The following charts summarize the volume of retail sales and taxable transactions for the City of Baldwin Park for 1994 through 1998. $300, $250, $200, $150, $100, $50, TABLE NO. B -5 CITY OF BALDWIN PARK TOTAL TAXABLE TRANSACTIONS 1994-1998 (in thousands) IV 1994 1995 1996 1997 1998 ® Retail Sales 0 All Other Outlets Source: State Board of Equalization, "Taxable Sales in California", published annually in November for prior year. U9.32 Totall Taxable Retail Sales Retail Sales Transactions Issued Sales Year ($o Q's) 1% Change Permits ($ODU's} 96 Change Pertnits ' 1994 175,652 383 245,238 1,136 1995 170,648 (2.8j % 398 243,146 (0.9) % 1,143 1996 157,420 (7.8)% 412 242,005 (0.5)% 1,148 1997 174,948 11.1% 413 255,462 5.6% 1,119 1998 194,407 11.1% 405 283,674 11,0% 1,083 Source: State Board of Equalization, "Taxable Sales in California", published annually in November for prior year. U9.32 Taxable Transactions by type of business for the City of Baldwin Park for 1994 through 1998 are summarized below. TABLE NO. B -6 CITY OF BALDWIN PARK TAXABLE TRANSACTIONS BY TYPE OF BUSINESS 1994-1-998 (in thousands) Retail Stores Apparel Stores General Merchandise Stores Drug Stores Food Stores Packaged Liquor Stores Eating/Drinking Places Home Furnishings and Apppliances Building Materials and Farm Implements Auto Dealers /Suppliers Service Stations Other Retail Stores Total Retail Stores All Other Outlets Total All Outlets 1994` 1995 1996 1997 1998 $ 3,762 S 3,488 $ 3,352 $ 3,347 S 3,162 921 464 278 18,872 31,164 2,466 2,467 3,658 25,067 22,274 26,488 26,893 25,249 24,782 25,060 2,978 2,737 2,314 $ 174,948 $ 194,407 23,402 24,302 23,958 26,955 30,306 5,770 6,360 2,111 1,698 2,157 10,451 10,875 12,660 17,495 20,317 8,152 10,827 15,891 11,777 9,167 25,852 25,338 25,946 25,067 22,274 65.410 _ 56.897 42.003 44.955 50.800 $ 175,652 $ 170,648 $ 157,420 $ 174,948 $ 194,407 69.586 72.498 84.585 80.514 82b„i $ Z4&L38_ $_---243.146 _L_142&0� 255,462_ $ 2$3.674 * As of 1997, Drug Stores have been merged with General Merchandise Stores and Packages Liquor Store have been merged with Other Retail Stores. Source: State Board of Equalization, "Taxable Sales in California', published annually in November for prior year. WE The following charts summarize the change in taxable transactions for the City of Baldwin Park and surrounding cities. TABLE NO. B -7 CITY OF BALDWIN PARK AND SURROUNDING CITIES CHANGE IN TOTAL TAXABLE TRANSACTIONS 1994-1998 (in thousands) City 1994 1995 1996 1997 1998 %a Chame Frorn' 1994 -1998 BALDWIN PARK $ 245,238 $ 243,146 $ 242,005 $ 255,462 $ 283,674 15.7% West Covina 723,049 761,044 782,322 840,800 927,884 28.3 % Irwindale 205,047 210,148 212,746 233,149 237,965 16.1% Duarte 165,385 192,435 236,754 244,565 241,272 45.9% El Monte 796,958 827,484 912,642 1,041,184 1.119,375 40.5% Source: State Board of Equalization, "Taxable Sales in California ", published annually in November for prior year. :: Building Activity The following charts summarize building activity for the City of Baldwin Park for the five -year period from 1994 through 1998. 1 3 1 TABLE NO. B_8 CITY OF BALDWIN PARK BUILDING ACTIVITY 1994-1998 (in thousands) 0 1 2 3 4 5 6 O Residential ® Commercial Residential Commercial Other Total Valuation Number of Units Source: City of Baldwin Park. 1994 3995 1996 1997 1998 RE APPENDIX C AGENCY AUDITED FINANCIAL STATEMENT'S C-1 � 1 1 FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate ") is executed and delivered by the Baldwin Park Redevelopment Agency (the "Issuer ") in connection with the issuance of its $ Baldwin Park Redevelopment Agency Merged Redevelopment Project Area 2000 Tax Allocation Refunding Bonds (the "Bonds "). The Bonds are being issued pursuant to an Indenture of Trust dated as of June 1, 2000, (the "Indenture "), by and between the Issuer and U.S. Bank Trust National Association (the "Trustee "). The Issuer covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c.2- 12(b)(5). Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Repon" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Dissemination Agent" shall mean U.S. Bank Trust National Association, or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer and the Trustee a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "fcial Statement" means the Official Statement, dated , 2000, relating to the Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall .mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private repository or entity designated by the State of California as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Disclosure Certificate, there is no State Repository. Section 3. Provision of Annual Reports. (a) The Issuer shall, or upon written direction shall cause the Dissemination Agent to, not Iaer than March 1 after the end of the Issuer's fiscal year commencing with the report for the 1999/00 Fiscal Year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than fifteen (15) Business Days prior to the end of such nine month period, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference D -I other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). The Issuer shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the Issuer and shall have no duty or obligation to review such Annual Report. (b) If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice to the Municipal Securities Rulemaking Board and the appropriate State Repository, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and each State Repository, if any; and (ii) if the Dissemination Agent is other than the Issuer, and such information is available to it, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following: (a) Audited Financial Statements prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting ,Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Financial information and operating data with respect to the Issuer for the prior fiscal year of the type included in the Official Statement, in the following categories (to the extent not included in the Issuer's audited financial statements): (i) aggregate assessed values of the Project Area; (ii) list of top ten largest local secured property taxpayers within the Project Area; (iii) information on appeals by top ten taxpayers in the Project Area; and (iv) calculation of the coverage ratio for the prior Bond Year, calculated in the same manner as provided. in Table I in the Official Statement entitled "BALDWIN PARK REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT AREA PROJECTED TAX REVENUES AND BOND RETIREMENT". (c) In addition to any of the information expressly required to be provided under paragraphs (a) and (b) of this Section, the Issuer shall provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities D -2 Rutemaking Board. The Issuer shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) Principal and interest payment delinquencies. (2) Non - payment related defaults. () Unscheduled draws on debt service reserves reflecting financial difficulties. (�) Unscheduled draws on credit enhancements reflecting financial difficulties. (� Substitution of credit or liquidity providers, or their failure to perform. (� Adverse tax opinions or events affecting the tax - exempt status of the security. (7) Modifications to rights of security holders. (88) Contingent or unscheduled bond calls. (9) Defeasances. (10) Release, substitution, or sale of property securing repayment of the securities. U Rating changes. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would be material under applicable Federal securities law. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the Issuer shall promptly file a notice of such occurrence with the Municipal Securities Rulemaking Board and each State Repository with a copy to the Dissemination Agent. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(8) and (9) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds pursuant to the Indenture. Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be U.S. Bank Trust National Association. The Dissemination Agent may resign as Dissemination Agent by providing thirty days written notice to the Issuer and, in addition, if the Dissemination Agent is then other than the Trustee, to the Trustee. The Dissemination Agent shall not be responsible for the content of any report or notice prepared by the Issuer. The Dissemination Agent shall have no duty to prepare any information report nor shall the D -3 Dissemination Agent be responsible for filing any report not provided to it by the Issuer in a timely manner and in a form suitable for filing. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived (provided no amendment that modifies or increases its duties or obligations of the Dissemination Agent shall be effective without the consent of the Dissemination Agent), provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Indenture for amendments to the Indenture with the consent of holders, or (ii) does not, in the opinion of the Trustee or nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual financial information filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the Issuer to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative. A notice of the change in the accounting principles shall be sent to the Repositories in the same manner as for a Listed Event under Section 5(c). Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the issuer to comply with any provision of this Disclosure Certificate any Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure D -4 Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Age . The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding Iiabilities due to the Dissemination Agent's negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the Issuer for .its services provided hereunder in accordance with its schedule of fees as amended from time to time and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it hereunder and shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Bondholders, or any other party. Other than in the case of negligence or willful misconduct of the Dissemination Agent, the Dissemination Agent shall not have any liability to the Bondholders or any other party for any monetary damages or financial liability of any kind whatsoever related to or arising from any breach of any obligation of the Dissemination Agent. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriter and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: 2000 Acceptance of Dissemination Agent AGREED AND ACCEPTED: U.S. BANK TRUST NATIONAL ASSOCIATION, as Dissemination Agent wo Authorized Officer Im BALDWIN PARK REDEVELOPMENT AGENCY Executive Director EXHIBIT A NOTICE OF FAILURE TO FILE ANN-UAL REPORT Name of Issuer: Baldwin Park Redevelopment Agency Name of Bond Issue: $ Baldwin Parr Redevelopment Agency Merged Redevelopment Project Area 2000 Tax Allocation Refunding Bonds Date of Bonds: 32000 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above -named Bonds as required by Section 8.08 of the Indenture of Trust dated as of June 1, 2000 between the Issuer and U.S. Bank Trust National Association, trustee. The Issuer anticipates that the Annual Report will be filed by Dated: BALDWIN PARK REDEVELOPMENT AGENCY N D-6 APPENDIX E FORM OF BOND COUNSEL OPINION E -1