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1999 06 16 CC
• " STUDY SESSION OF THE I ID A ,. 6 q A.Va CITY COUNCIL JUNE 169 1999 6:00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC COMMUNICATIONS 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 con et Concilio acerca de cualquier terra, por favor, pace adelante durante CommClnicacion Oral. Un interpreto estara presente. 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL --- EXISTING LITIGATION (Pursuant to California Government Code Section 54956.9) Weber vs. City of Baldwin Park 2. REPORTS OF OFFICERS A. Griffin Grant Writing Consultants Presentation 3. ADJOURN In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management, (828) 980 -4011. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102.104 ADA Title 11) AGENDA FOR THE REGULAR MEETING OF THE t VQ&gA� CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY HOUSING & FINANCE AUTHORITY JUNE 169 1999 7:00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL: Councilmembers: Ricardo Pacheco, Linda Gair, Mayor Pro Tern William "Bill" Van Cleave and Mayor Manuel Lozano E. PROCLAMATIONS /COMMENDATIONS /PRESENTATIONS • Awards of Merit and Council Recognition for Winners of Used oil Recycling Artwork Contest for use in 2000 Calendars Proclamation proclaiming June 16, 1999 as "Aristotle Rivera Day" in the City of Baldwin Park Agenda - June 16, 1999 CITY COUNCIL PUBLIC COMMUNICATIONS FIVE (5) MINUTE MAXIMUM SPEAKING TIME LIMIT Page 2 "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 con el Concitio acerca de cualquier tema, por favor pase adeiante durance Communicacion Oral. Un interprete estara presence. 1. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a 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. Approval of Certificate of Posting for June 16, 1999 A. APPROVAL OF MINUTES Recommendation: Approve minutes of May 13, 1999 (Adjourned), May 19, 1999 (Regular & Study Session), and May 24, 1999 (Special). Minutes of June 1, 1999 (Special) and June 2, 1999 (Regular & Study Session) meeting are pending. ift MAN a RMAN ►o Dim u-A00 Recommendation: Waive further reading and adopt Resolution No. 99 -46 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ". Mayor Pro -Tem Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). C. TREASURER'S REPORT — MAY 1999 Recommendation: Receive and File. D. AWARD OF CONTRACT FOR GUARD SERVICES AT METROLINK STATION Recommendation: Council award a three year contract to Pinkerton Security and Investigation Services in the amount of $42,448.80 per year, for guard services for the Metrolink Station and authorize the Mayor to execute the agreement. E. APPROVE AGREEMENT WITH GST TELECOM FOR THE INSTALLATION OF CONDUITS WITHIN THE RIGHTS OF WAY IN THE CITY Recommendation: Council approve agreement with GST Telecom California, Inc. for the installation of fiber optic conduits within the rights -of -ways in the City of Baldwin Park and authorize the Mayor to execute the agreement. F. AWARD OF CONTRACT FOR THE CONSTRUCTION OF 1998 -1999 ISTEA STREETS, CIP 801 Recommendation: Award the contract to ALL AMERICAN ASPHALT in the amount of $320,663.76 for the construction of 1998 -1999 ISTEA Streets; Authorize the Mayor to execute the agreement; Authorize the Engineering Manager to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. Agenda — June 16, 1999 Page 3 2. SET MATTERS -PUBLIC HEARINGS (7:00 P.M.or as 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. A. PROPOSED ANNUAL BUDGET — FISCAL YEAR 1999 -2000 Recommendation: Conduct Public Hearing and waive further reading and adopt Resolution No. 99 -47 entitled, `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000". B. JOINT PUBLIC HEARING — CITY COUNCIL/REDEVELOPMENT AGENCY ON THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE PROPOSED THOMAS SAFRAN & ASSOCIATES PROJECT (Public discussion was opened and closed at their meeting held June 2, 1999. This matter is continued from their meeting held June 2, 1999 for City CounciilAgency consideration and action). Recommendation: Waive further reading and adopt Resolution No. 99 -45 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND THOMAS SAFRAN & ASSOCIATES, PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED OUTSIDE OF DESIGNATED REDEVELOPMENT PROJECT AREAS AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433. C. APPROVE SPECIFIC PLAN AND DEVELOPMENT PLAN FOR 71 UNIT SENIOR AND FAMILY AFFORDABLE HOUSING DEVELOPMENT AT 13022 -62 RAMONA BLVD. , 13122 CORAK ST. , AND 13043 FRANCISQUITO AVE. - APPLICANT: THOMAS SAFRAN & ASSOCIATES (continued from June 2, 1999) Recommendation: Conduct Public Hearing and Adopt the Mitigated Negative Declaration and approve specific Plan SP 99 -1 and Development Plan DR -11 and waive further reading and adopt Resolution No. 99 -37 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A 71 UNIT SENIOR AND FAMILY AFFORDABLE APARTMENT DEVELOPMENT (APPLICANT: THOMAS SAFRAN & ASSOCIATES; LOCATION: 13022 -62 RAMONA BOULEVARD, 13122 CORAK STREET, AND 13043 FRANCISQUITO AVENUE, CASE NO. SP 99 -1 AND DR -11 ". D. JOINT PUBLIC HEARING — DEVELOPMENT AGREEMENT FOR PROPOSED BILLBOARD DEVELOPMENT Recommendation: Conduct Public Hearing and waive further reading and adopt Ordinance No. 1142 entitled, "AN ORDINANCE OF THE COOUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KEN SPIKER AND ASSOCIATES, INC., FORR THE APPROVAL OF NINE (9) NEW BILLBOARD STRUCTURES AT SPECIFIC LOCATIONS WITHIN THE CITY OF BALDWIN PARK ", on first reading, reading by title only and waiving further reading thereof. Agenda - June 16, 1999 Page 4 E. REQUEST APPROVAL FOR A ZONE CHANGE TO CREATE AN OUTDOOR ADVERTISING DISTRICT O OVERLAY ZONE ON APPROXIMATELY 60 FOOT WIDE PORTION OF THE SUBJECT PROPERTY PARALLEL TO AND ABUTTING THE 1 -10 and 1 -605 FREEWAYS. THE (0) OVERLAY (continued from June 2, 1999) Recommendation: Conduct Public Hearing and introduce Ordinance No. 1141 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM IC (PD), TO IC (PD) (0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT OVERLAY ZONE ALONG THE SOUTH -WEST CORNER OF THE 1 -10 AND 1 -605 FREEWAYS - APPLICANT: KEN SPIKER AND ASSOCIATES, CASE NO. Z -509, LOCATION: 440 CLOVERLEAF DRIVE" for first reading, reading by title only and waive further reading thereof. F. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A BANQUET FACILITY WITH DANCING AND LIVE ENTERTAINMENT — CASE NO. CP557 APPELLANT: ROGELIO ROJAS (continued from ,tune 2, 1999) Recommendation: Continue this matter to July 7, 1999. G. APPROVAL OF A SPECIFIC PLAN SP99 2 RELATING TO THE CONSTRUCTION OF A 56 UNIT APARTMENT DEVELOPMENT — LOCATION: 14349 PACIFIC AVENUE; APPLICANT: KAUFMAN AND BROAD MULTI - HOUSING GROUP INC. Recommendation: Conduct Public Hearing and waive further reading and adopt Resolution No. 99 -49 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN TO ALLOW THE CONSTRUCTION OF A 56 -UNIT SENIOR AFFORDABLE APARTMENT DEVELOPMENT (APPLICANT: KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC.; LOCATION: 14349 PACIFIC AVENUE; CASE NO.: SP 99 -2 ". 3. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES A. URGENCY ORDINANCE NO. 1140 RELATING TO THE ADOPTION BY REFERENCE THE LOS ANGELES COUNTY UNIFORM BUILDING CODE Recommendation: Adopt Ordinance No. 1140, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 150.003(A -L) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODES" reading by title only and waiving further reading thereof. B. SCHOOL COMMUNITY POLICING PARTNERSHIP 3 -YEAR TERM GRANT Recommendation: Council approve the submission of two separate School Community Policing Partnership Grants in collaboration with the Baldwin Park Unified School District, Baldwin Park Unified School District Police, the Los Angeles County Office of Education, Kaiser Permanente Hospital, and other Community Based Organizations and, approve an equal sharing of the matching fund requirements among the collaborative partners. 4. COUNCIL /STAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION A. PUBLIC EMPLOYEE DISCIPLINE /DISMISSAL /RELEASE (Section 54957) 6. ADJOURN Agenda — June 16, 1999 Page 5 COMMUN'I'T°Y REDEVELOPMENT AGENCY PUBLIC COMMUNICATIONS 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 con el Concilio acerca de cuaiquier terra, per favor pase adelante durante Communication Oral. Un interprete estara presente. 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. • Approval of Certificate of Posting June 16, 1999 A. APPROVAL OF MINUTES Recommendation: Approve minutes of May 13, 1999 (Adjourned), and May 19, 1999 (Regular and Study Session). The minutes of June 2, 1999 are pending. B. WARRANT REGISTER NO. 485 Recommendation: Approve warrant Register No. 485 2. SET MATTERS - PUBLIC HEARINGS (7:00 RM. or as 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. A. JOINT PUBLIC HEARING — CITY COUNCILIREDEVELOPMENT AGENCY ON THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE PROPOSED THOMAS SAFRAN & ASSOCIATES PROJECT (Public discussion was opened and closed at their meeting held June 2, 1999. This matter is continued from their meeting held June 2, 1999 for City Council /Agency consideration and action). Recommendation: Waive further reading and adopt Resolution No. 344 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND THOMAS SAFRAN & ASSOCIATES, PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED OUTSIDE OF DESIGNATED REDEVELOPMENT PROJECT AREAS AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433. B. JOINT PUBLIC HEARING — DEVELOPMENT AGREEMENT FOR PROPOSED BILLBOARD DEVELOPMENT Recommendation: Conduct Public Hearing and waive further reading and adopt Resolution No. 345 entitled, "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES ". Agenda — June 16, 1999 Page 6 3. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES A. OWNER PARTICIPATION AGREEMENT — KAUFFMAN AND BROAD MULTI - HOUSING GROUP, INC. Recommendation: Approve Owner Participation Agreement between Agency and Kauffman and Broad Multihousing Group, Inc. 4. AGENCY/STAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to California Government Code Section 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 - (AutoNation USA) Property: 12900 -12916 Ramona Boulevard (Abell /Helou) Negotiating Parties: Agency and Property Owners Under Negotiation: Terms and Conditions of AutoNation's DDA and Abell /Helou's OPA 6. ADJOURN HOUSING AUTHORITY & FINANCING PUBLIC COMMUNICATIONS 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 con el Concifio acerca de cualquier terra, por favor ease adefante durante Communication Oral. Un inferprete estara presenfe. 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. Approval of Certificate of Posting — June 16, 1999 A. APPROVAL OF MINUTES Recommendation: Approve Minutes May 19, 1999 Agenda — June 16, 1999 B. FEDERAL PREFERENCE Page 7 Recommendation: Accept the recommendations of the Housing Commissioners not to adopt the Federal Preferences as local preferences, however, establishing two local preferences as follows: 1) Local displaces of Government action to be given priority preference and, 2) Residents of Local Authority to be given preference over nonresidents. 2. REPORTS OF OFFICERS A. PROPOSED OFFICE LEASE OF 4141 NORTH MAINE AVENUE — DR. HERNANDEZ Recommendation: Approve the proposed Lease of 4141 North Maine Avenue from Dr. Edward Hernandez and approve the execution of all appropriate documentation in connection with the Lease. B. PROPOSED OFFICE IMPROVEMENTS 4141 NORTH MAINE AVENUE Recommendation: Approve the remodel and furnishing costs of $30,000 for the Housing Division Office Relocation and authorize the Computer equipment purchase of $23,000. 3. CLOSED SESSION 4. AGENCYIBOARDISTAFF REQUESTS AND COMMUNICATIONS 5. ADJOURN COPIES OF STAFF REPORTS AND SUPPORTING DOCUMENTATION PERTAINING TO EACH ITEM ON THIS AGENDA IS AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL AND THE LIBRARY. FOR FURTHER INFORMATION REGARDING AGENDA ITEMS, CONTACT THE CITY CLE'RK'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 11). BALDWIN PARIS CITY HALL 14403 E. Pacific Avenue P Floor, Room 307 Baldwin Perk, CA 91706 CITY OMCIL AGENDA JUN 16 1999 W& MAY 1 '' ,''��0, ednes 6:30 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in an ADJOURNED MEE"T"ING at the above time and place. ROLL CALL: Councilmembers Ricardo Pacheco, Linda Gair, Mayor Pro�Tem William `Bill" 'fan Cleave, and Mayor Lozano Also Present: David Olivas, City Attorney; James Hathaway, Finance Director; Steve Cervantes, Director of Community Development; Ana Montenegro, City Treasurer; and Kathryn V. Tizcareno, City Clerk. PRELIMINARY BUDGET Director Hathaway gave an overview of the preliminary REVIEW (1999 -2000) revenues as follows: Property taxes have increased 1% and we are continuing to track last year's estimate of $1,340,000. Sales tax estimated revenue is approximately $3,000,000. The Saturn dealership brings in approximately $100,000 in revenue. There continues to be sales tax growth in our city. Transient Occupancy Tax is stagnant. There is no change in Franchise Tax revenues. We are seeing a slow growth in Utility Users in the approximate amount of $52,000. Business License Tax is on track as projected. Vehicle licensing rates will be provided by the State this week. The grants that Chief LeGarra has applied for are continuing. All in all, the total revenue in the General Fund is about $13,792,455 dollars. Chief LeGarra presented his department's budget explaining that the budget for this coming fiscal year will be greater than previous years by about $800,000. Next year's proposed budget is about $9,896,485.00. This year's budget stands at $9,065,303.00. Director Hathaway reported as on the proposed budget as follows: City Council's budget for this year is the same from last year; City Clerk's budget is less than last year because of staffing changes. There is a request for a reclassification for a part -time help to assist the Deputy City Clerk in her activities; City Attorney was increased to reflect actual costs of the Attorney; City Treasurer has no changes, but it was pointed out that she is the lowest paid elected official in the city; Finance Department has requested to add two accountants /clerks to work with Redevelopment, CDBG, and the various funds that are out City Council Minutes — May 13, 1999 (Special) Page 2 of the General Fund; Information Services has expended funds to upgrade our system to support Y2K. A Y2K Reserve has been established to have enough sources available to accomplish this; Risk Management budget remains the same; Worker's Compensation is extremely high. Personnel includes full time Human Resource Manager; The position of Public Works Director is not budgeted for in this year's budget; Engineering has no changes from previous year; Capital Improvement will be presented at another meeting; Environment's budget has increased because of Storm Water Regulations that must be met; Transit Services is being supported by Prop A funds; Streetlight Maintenance — Assessment District, is installing many lights and this requires costs; Building Maintenance has increased costs due to vandalism; The traffic control truck is no longer operable. A new sweeper is being paid for out of environmental funds; Traffic Control is doing a lot more striping; Street Maintenance has no change; We are researching the possibility of an increase in AB939 Funds for Street Sweeping. An increase of $.25 to $.75 would allow us to sweep all the streets once a week; Graffiti is up and funding is down; Irrigation costs have increased due to vandalism; Landscape Maintenance has experiences the biggest increase. Cost Center 72 (Recreation Operation and Recreation Services) has an increase of $83, 018. There is a slight decrease in the senior services in the amount of $2,000 and an increase in the Family Service Center in the amount of $2,684. The total increase of $89,249 represents $28,000 in the CDBG Funding, which are restricted funds allocated to the Family Services Center. The increase of $10,500 would be if the City Council proceeds with the Anniversary Parade this year. Director Nunez continued saying that we have a $9,000 increase in the Summer Lunch Program, which is also a restricted fund program. We have $2,000 for the Printing and the need for it is because of the cost of stationery as well as the cost of producing the receipts with the City Logo. That leaves $40,000, which represents a raise /increase for the part -time employees. Rec. Leaders I are at minimum wage and have not seen a raise in 10 years and it's is difficult to keep them on staff. Director City Council Minutes — May 13, 1999 (Special) Page 3 Nunez explained that a Rec. Leader in West Covina receives $9 -$10 an hour, while our Rec. Leaders receive $5.75 or $6.40 an hour. Director Nunez said that the total budget increase would be $89,249, however, $28,000 comes from CDBG; $9,000 would come from the Summer Lunch Program; and if the Council approves the parade, it would cost $10,500; $2,000 for the additional printing cost; and $40,000 for salary increases. Director Cervantes presented his report, which stated the various Cost Centers, Cost Center 41 (Administration) has not much growth. It has about $230,000 total. Housing brings in about $6.5 - $7 million. We're able to have $600,000 for Administration. He has budgeted $542,000.88, plus what Jim needs for the accountant. CDBG has the whole 2.5 that was allocated and we will distribute that. Business loan has about $750,000 and primarily it is for loans. About $722,000 is available for loans. Planning is around $310,000. Some of the overhead costs were not plugged in. Building and Safety has $334,000. One of my goals was for the addition of a Building Official, hopefully iCBO Certified, which would bring it to $310,000_ Code Enforcement is a little over $300,000. Redevelopment has $415,000, but we pay as we go. Director Hathaway informed the Council that the estimated total estimated General Fund revenue is approximately $13,792,455. and will bring forth a balanced to the Council for Fiscal Year 1999 -2000. Director Hathaway suggested having the next Budget meeting on Monday, May 24th, from 5:30 p.m. to 8:30 p.m., in room 307, at the City Hall Complex. ADJOURNMENT There being no further matters to discuss, Mayor Lozano adjourned this meeting 8:30 p.m. There were no objections. COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 MAY 19, 1999 . 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: Councilmembers Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William `Bill" Van Cleave, and Mayor Lozano. Also Present: David Olivas, City Attorney; Richard A. LeGarra, Chief of Police; Tames B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ana Montenegro, City Treasurer; Kathryn V. Tizeareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk CLOSED SESSION The City Council/Agency recessed at 6 :03 p.m.. to a Closed Session to discuss the following: CONFERENCE WITH REAL Property: 21.5 -Acre Site bounded by Big Dalton Ave (west), PROPERTY NEGOTIATOR Merced Avenue on the North, Puente Avenue on the East, (Pursuant to GC §549 56.8 Garvey Avenue and the San Bernardino Interstate 10 Freeway South- (AutoNation USA) Negotiation Parties: Agency and Developers Under Negotiation: Terms of Sale ACTION: Thee Council/Agency recessed on this matter matter and deferred further discussion until the end of all agency meetings. ACTION: City Attorney reported that Instructions were given to Legal Counsel and Staff. CONFERENCE WITH LEGAL Name of Case: Acuna vs. City of Baldwin Park COUNSEL - EXISTING LITIGATION AC'T'ION: Instruction given to Legal Counsel and Staff. (Pursuant to GC §54956.9) The Council/Agency reconvened at 6:54 p.m and recessed this meeting to the Closed Session of the Council Agenda. The Council Agency reconvened and roll call remained the same. ADJOURN There being no further items to be discussed, the meeting was adjourned at 9:55 p.m. COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91705 MAY 19, 1999 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL: Present: Councilm.embers Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Lozano Also Present: David Olivas, City Attorney; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ralph Nunez, Director of Recreation and Community Development; Ana Montenegro, City Treasurer; Kathryn V. Tizeareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk SPONTANEOUS COMMUNICATIONS MAYOR OF EL MONTE Mayor Lozano introduced Rachel Montes, Mayor of the City of El Monte. Mayor Montes stated that she looks forward to building a close working relationship with the Mayor and Councilmembers of the City of Baldwin Park and invited Councilmembers and Staff to an awards presentation in the City of El Monte on May 25, 1999. PUBLIC COMMUNICATIONS PETITION SUBMITTED - Jesus Gonzales, Baldwin Park, read PARK PLACE PROPERTY from a petition that the property owners in the street of OWNER Park Place signed, which requests assistance from the city for the control of loitering, dumping, illegal trafficking, vagrancy problem, and to erect a wall which will help in controlling the vagrancy problem and noise from the Metrolink. POLICE DEPARTMENT Dolores Holguin, Baldwin Park, asked the City Council ISSUES and the Chief of Police to consider implementing a reserve unit of police officers. This program would bring professional men and women into the City as reserves for a minimal fee. Ms. Holguin made reference to the recent $40,000 bullet trap expenditure and suggested having officers practice their shooting at other firing ranges, and possibly a joint venture with the City of El Monte. City Council Minutes — May 19, 1999 Page 2 Dan Truncno, Baldwin Park, said he wants police officers to be more pro- active while on the streets, in the parks, and other areas where there is gang activity. If there were more officers visible, criminal activity would be deterred. Dan Trunco, Baldwin Park, asked why the police department was not utilizing it's officers on bike patrol duty. Mr. Trunco expressed concern that the police officers are becoming less visible these days and would like to see more police presence in the community. FUNDS SOLICITATION He also asked the Council to donate at least $540 to assist FOR SHOOTING "VICTIMS each of the families with the funeral costs of the two residents of Baldwin Park that were murdered. City Attorney Olivas mentioned that it is not appropriate for the City to snake donations to the families of the two murder victims, but the Council and the citizens of Baldwin Park can donate individually. CONSENT CALENDAR City Clerk Tizeareno presented the Consent Calendar as follows: Councilman Pacheco pulled the following item from the Consent Calendar for discussion: 1) Item #F, Replacement of Print Shop Copier. City Attorney Olivas pulled the fallowing item from the Consent Calendar: 2) Item #A, Approval of MAY 5, 1999 Minutes. CLAIMS AND DEMANDS Resolution No. 99 -36 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARIS ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK' Was approved. Mayor Pro -Tern Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest) was approved. TREASURER'S REPORT The Treasurer's Report was received and Filed. APRIL, 1999 City Council Minutes — May 19, 1999 Page 2 AWARD OF CONTRACT - Installation of the Clarification system was awarded to Fleming Environmental, Inc. in the amount of $34,474.00. Public Works Director was authorized to approve the necessary change orders in an amount not to exceed 10% of the original contract amount. MID -SAN GABRIEL VALLEY The agreement was approved and the Director of SUMMER YOUTH EMPLOYMENT Recreation and Community Services was authorized to AGREEMENT execute the necessary documents. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented: MOTION: Councilman Pacheco SECOND: Councilwoman Gair Motion Carried REPLACEMENT OF Upon question from Councilman Pacheco, Director PRINTSHOP COPIER Hathaway mentioned that the total cost for the network printer is $1,287 per month, which includes maintenance and supplies, which would save the city $13,692 per year. It also enables users to program print jobs from their desktop directly to the copier. A motion was made to approve a Lease Agreement with Cannon for the purchase of one (1) new copier at a cost of $1,287.50 per month. MOTION: Councilman Pacheco SECOND: Mayor Pro-Tem Van Cleave Motion Carried APPROVAL OF MINUTES The minutes of May 5, 1999 are pending; and will be MAY 5, 1999 brought forward for approval at the City Council meeting on June 2, 1999. SPECIFIC PLAN AND DEVELOP- MENT AT 13022 -62 RAMONA AND 13122 CORAK STREET — APPLICANT: THOMAS SAFRAN & ASSOCIATES PUBLIC HEARINGS Director Cervantes asked for a continuance on this matter. Attorney Olivas advised the Council of the requirement to open the Public Hearing, accept testimony, and then it would be appropriate to motion to continue said public hearing. City Council Minutes — May 19, 1999 Page 4 Mayor Lozano OPENED the Public Hearing for public participation. David Ferguson, Representative of Thomas Safran & Associates, asked to continue since no one was present to speak on behalf of the development. Cecilia Rojas, 13132 Corak Street, Baldwin Park, is against the development on Corak. This area has a very high density of people, and would cause more crime in this area. Virginia Gutierrez, 4330 Jerry, Baldwin Park, said that our schools are overpopulated and the 71 units should not be built. Dan Trunco, Baldwin Park, said that most of these 71 units would not have kids residing in them. Most of them are senior citizens. He is a proponent for the building of the project. Lou Hickam, Baldwin Park, said that the developer has satisfied the need of the community and is in favor of this project. Jose Gonzales, Baldwin Park, is opposed to the apartments. He said there are too many apartments in Baldwin Park. Dolores Holguin, Baldwin Park, said that the Developer came with a plan that was family oriented. A Developer has never before promised to build driveways, sidewalks, lighting, and plant trees before he breaks ground. We are state mandated to provide affordable housing where other stores have been demolished. Ms. Holguin is in favor of the development. Mary Ferrer, Baldwin Park, said that Redevelopment lends the money to the developer and it is paid back within 10 years_ She wants to know if Habitat for Humanity is being considered for the development of housing units. Maria Gonzales, Baldwin Park, said that approximately 50% of the City of Baldwin Park is made up of apartment City Council Minutes — May 19, 1999 Page S JOINT PUBLIC DEAR DISPOSITION AND DEVELOP- MENT AGREEMENT - APPLICANT: THOMAS SAFRAN & ASSOCIATES buildings. She wants to bring in respectable business establishments in Baldwin Park and is opposed to this project. A motion was made to continue the approval of the specific plan development from Safran Project to the Tune 2, 1999. MOTION: Councilman Pacheco SECOND: Mayor Pro -Tem Van Cleave Motion Carried [NG -- COUNCIL & REDEVELOPMENT AGENCY Director Cervantes requested that this item be opened and continued to the next meeting. Mayor Lozano declared the public OPEN for public participation. There were no speakers. A motion was made to continue this item to .tune 2, 1999. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion Carried REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES ORDINANCE NO 1139 RELATING Director Hathaway presented the report which TO SPEED LIMITS ON CERTAIN recommended Council approval of the 1999 Citywide STREETS Speed .Zone Survey as outlined in the status report. A motion was made to introduce Ordinance 1139 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 7, CHAPTER. 73, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SPEED LEVHTS ON CERTAIN STREETS ", for first reading by title only and waive further reading thereof. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion Carried EXTENSION OF AUDIT Director Hathaway is requesting Council approval for an SERVICES — MORELAND extension of a contract for audit services for an additional AND ASSOCIATES year with Moreland and Associates for an amount not to exceed $27,900. Upon question from Councilwoman Gair, Director Hathaway explained that the contract with City Council Minutes — May 19, 1999 Page 6 Moreland and Associates is for the completion of the financial statements. Director Hathaway stated that he will begin to develop Request for Proposal documents and bring it before the City Council by July 1 and then issue to CPA firms. A motion was made to extend the contract with Moreland and Associates in the amount of $27,900 for the completion of the June 30, 1999 financial statements. MOTION: Mayor Pro -Tern Van Cleave SECOND: Councilman Pacheco Motion Carried COUNCIL/STAFF REQUESTS AND COMMUNICATIONS STUDENT GOVERNMENT DAY Councilwoman Gair thanked all the staff for Government Day, CHAMBER OF COERCE Councilwoman Gair requested a report on AB693 relative INFORMATION REQUEST to the buying out of the Chamber of Commerce. NO'T'E OF APPRECIATION — Mayor Pro Tern VanCleave thanked Director Nunez for TO DIRECTOR NUNEZ the use of the Community Center on the weekend for the Baldwin Park Beautiful Award Ceremony. GUN CONTROL ORDINANCE Mayor Lozano mentioned that in the wake of the Columbine tragedy, there should be stricter gun control. It is time for local government to do its part to deter the violence by enacting certain regulations that may include: 1) Require that trigger locks be sold with every firearm 2) Gun dealers employ background checks 3) Thumb prints for the purchasers of ammunitions 4) Prohibition of the sale of magazines with a capacity of 10 or more rounds 5) Saturday night special ban to include transfers by unlicensed parties via licensed gun dealers 6) Establishment of ammunition permits system. Baldwin Park does not have problems with gun dealers at this time. There are two pawnshops that provide various guns and ammunitions. Baldwin Park must take some uniform action to make the community safer. Mayor Lozano requested for Chief of Police LeGarra and City City Council Agenda — May 19, 1999 Page 7 Attorney Olivas to research the information that he has provided. This is an opportunity to reach out to local law enforcement agencies to hold a summit that addresses youth and gang violence. He wants to know what type of preventative actions that we could implement together as cities. Eduardo Ozeta Jr., Congressman Martinez's Office, mentioned that Monterrey is having a team summit and it is addressing all the issues that Mayor Lozano wants addressed, but teens are involved also. Director Nunez mentioned that there would be a Teen Empowerment Conference at the AQMD where they have all the continuation schools represented. Chief LeGarra advised Council that next week they will be meeting with representatives from other schools and they will discuss school violence to prevent it from happening. MR. LOURES' PERMIT Mayor Lozano also mentioned that Mr. Loures, the owner of the hens and roosters, was issued a permit for these animals long before Baldwin Park was incorporated. Mayor Lozano requested that this matter be resolved in a timely fashion. REAL ESTATE MARKUP Mayor Lozano continued mentioning that he was under the assumption that we purchased one of the homes along Baldwin Park Boulevard and Francisquito. We're seeing that realtors are buying these homes, and the prices are going to be very high. He wants a report done from Director Cervantes. OFFICER ON BOARD He also said that the program Officer On Board was PROGRAM excellent from the El Monte station to the Baldwin Park station where individuals are trespassing, there have been citations issued by El Monte and Baldwin Park. Chief LeGarra mentioned that he has asked Captain Kies to set up a program where all the officers have an opportunity to ride the train to see what happens at intersections, and to see what the backyards that we don't normally see from police cars. City Council Minutes — May 19, 1999 Page 8 GOOD MORNING There will also be a "Good Morning Baldwin Park" and BALDWIN PARK tomorrow night at 5:30 there will be a Chamber Mixer, and on May 25 at 7:30 we will be at the El Monte City Council. A letter from the California League of Cities regarding next Wednesday, there will be a Legislative Action Briefing in Sacramento. VALLEY COUNTY WATER Director Nunez mentioned that the Valley County Water DISTRICT FACILITY District will be having an Open House on Wednesday, DEDICATION May 25, and there will be a dedication of the Clint Nixon facility. Also, all of Andrew Ramirez's events are handled through the Army, who will call him to see if he has any free time available for a celebration. GRANTS RECEIVED Director Hathaway said that the city has applied for several grants. Kara Bouton was recognized for her role in securing a grant in the amount of $137,000 to supplement our Baldwin Park Transit Program. Wendy Lemm- Harris was recognized for securing a Recycled Materials Grant in the amount of $25,000. We have also received a $1,500 technology grant to connect the Community Center to the City Hall. ADJOURNMENT There being no other matters for discussion, Mayor Lozano adjourned the meeting at 8:30 p.an. There were no objections. Approved as their meeting held on June 1.5, 1999. City Clerk/Deputy by the Council at CITY HALL 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 MAY 24, 1999 MONDAY 6.30 P.M. The Baldwin Park CITY COUNCIL met in a SPECIAL MEETING on May 24, 1999, in the City Hall Complex, on the third floor, in Room 307. ROLL CALL: Present: Councilmembers Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Lozano. Councilman Pacheco was absent and excused. Also Present: David Olivas, City Attorney; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Development and Rosemary Ramirez, Deputy City Clerk, PRELIMINARY BUDGET REVIEW (1999 -2000) Director Hathaway reported on each line item as follows Total Taxes is at $7,980.400. Total Licenses and Permits is at $421,500. Total Use of Money and Property is at $250,250. Total Intergovernmental is $3,503,063. Total Charges for Service is $763,020. Total Miscellaneous is $103,350. Total Transfers from other Funds is $595,500. Total General Fund and Transfers is $13,617,263. Upon question from Attorney Olivas, Director Hathaway said that as long as you are using Transfer -In money for what they are restricted to be used for, you have two options. You could create a fund and charge into that fund, or you can transfer in and then support those charges in some way. The Residential Development Tax is collected separately and then transferred in. The transfer of Public Safety is collected in a separate fund and expenses must be justified. Upon question from Chief LeGarra, Director Hathaway said that he could look into the Prop 172- Public Safety figures to see if they are correct. The reason there is a negative figure is because the City has always charged internal service funds into this fund. All the money was used for the helicopter, but now, there should be some surplus and we could apply it to the negative balance. Director Nunez clarified that the negative figure is for internal service charges that are charged off, But he can't understand this because it is under cost center 72 and the cost center is already billed for these items. City Council Minutes — May 24, 1999 (Special) Page 2 Upon question from Mayor Lozano, Director Hathaway said that the Housing Department pays about $40,000- $45,000 to the General Fund annually. Director Nunez suggested purchasing a building and rather than paying rent, paying to own the building. Councilwoman Gair said that we receive $300,000 for the building, and then we kick back in $60,000 for one of our agencies to rent it a year. Chief LeGarra said that it is important for the Department Heads to get together Thursday night for an hour to get ideas as priorities in terms of if something has to go there would be some direction. In response to Councilwoman Gair's question, Director Hathaway said that there will be a budget study session on June 2, at 6:00 o'clock, where there will be the letter transmittal and the highlights of the budget. If we get a balanced budget, we might not have to add three or four meetings. Chief LeGarra said that if they get together Thursday night, he could spear with Director Hathaway and they could discuss their respective budgets, add the figures up, have the estimated revenue, and we could see in what areas would need to be cut, and which department has to be cut to try to balance the budget_ On Thursday, there could be direction from Council. The E- Team could meet to provide a balanced budget. Director Hathaway answered Councilwoman Gair's question by saying that we have $560,000 from the County in the Off Street Storm Drain Project. He counted it in the January '9$ financial statements, even though it took us until last month to make the final payments. We still have one more year of auditing on the Gas Tax. Upon question from Mayor Lozano, Director Hathaway explained that the AQMD could be audited by the state anywhere from three to six years behind on the audits. Director Hathaway continued saying that, if the budget is balanced, the Council could pass it on the June 16th meeting. City Council Minutes — May 24, 1999 (Special) Page 3 Mayor Lozano said that there should be Options on the different funds by Thursday to summarize the increases from one year to the next. He asked to have this information prepared. Upon question from Councilwoman Gair, Director Hathaway said that presently, there are no salary negotiations with the employees. However, he is working with Nadja Cole to do that. The impact -by -fund of a salary increase by percentage has not yet been completed. Councilwoman Gair and Mayor Pro Tern VanCleave would like to include employee salary increases into this budget. ADJOURNMENT There being no further matters to discuss, Mayor Lozano adjourned this meeting to May 27h, at 6:00 p.m. MOTION: Mayor Pro -Tern Van Cleave SECOND: Councilwoman Gair Motion Carried Approved as by the Council at their meeting held on June 16, 1999. City Clerk/Deputy RESOLUTION NO. 99--46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND 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. l James B. Hathaway, inance Director SECTION 2. That the payroll of the City of Baldwin Park consisting of check numbers 096751 to 097066, inclusive, voids: 096751, 097055,"and 097062 for the period of May 16, 1999 through May 29, 1999 inclusive, has-been presented and hereby ratified, in the amount of $365,523.64. SECTION 3. That General Warrants, including check numbers 111378 to 111537 inclusive, in the total amount of $396,010.67 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 June 16th, 1999, ANUEL LOZANO, MAYOR ATTEST: KATHRYN V. TfZCARENO, CITY CLERK (;i,;) 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 Council of the City of Baldwin Park at its regular meeting of the City Council on June 16th, 1999, by the following vote: AYES: COUNCILAEMBERS PACHECO, GLAIR, 14AYOR PRO -TEM VAN CLEAVE, AND MAYOR LOZANO NOES: ABSENT: ABSTAIN: I FA /� Ails' 02110gisms = .Tun 08, 1999 09:34am Page 1 Check History. Bank AP_ Check Dates DO /60/60 to 99/99/99 Check#'s 111378 to 111.537 vend# Vendor Name Rank Check# Chk Date Check Amount Sep 1924 ADELINE TRUJILLO AP 111379 05/26/99 8.75 Claim# General Description 24393 CARPOOL SUBSIDY -APR PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount C 05/24/99 8.75 0.00 8.75 GL Distribution Gross Amount Description 109 -45 --5210 8.75 CARPOOL SUBSIDY --APR Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1660 AMY HARBIN AP 111360 05/26/99 17.50 Claim# General Description 24394 CARPOOL SUBSIDY Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 17.50 0.00 17.50 GL Distribution Gross Amount Description 109 -45- 5210 17.50 CARPOOL SUBSIDY -APR vend# Vendor Dame ` -` --- " -----------------------------------------`----`-----`-------......__..__....----------- Sank Check# Bank Check# Chic Date Check Amount Sep 906 ARJAN IDNANI AP 111382 AP 111381 05/26/99 16.25 Claim# General Description 24395 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 16.25 0.00 16.25 GL Distribution Gress Amount Description 109 - 45--5210 16.25 CARPOOL SUBSIDY -APR ---------------- ------ -- -- `-- --- ------- `--- Vend# Vendor Name ` -` --- " -----------------------------------------`----`-----`-------......__..__....----------- Sank Check# Chk Date Check Amount Sep 898 ART CASTELLANO AP 111382 05/26/99 37.50 Claim# Genera'_ Description. 24396 CARPOOL SUBSIDY MARCH -21.25 APRIL -16.25 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amouiit C 05/24/99 37.50 0.00 37.50 GL Distribution Gross Amount Description 109-45-5210 21.25 CARPOOL SUBSIDY -MAR 139 -45 -5210 1.6.25 CARPOOL SUBSIDY -APR CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 3.999 09:34am Page 2 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to :.1."537 -------------..___...___-------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 878 BEVERLY PLANTICO AP 111383 05/26/99 65.00 Claim# General Description 24397 METROLINK SUBSIDY -APR PO# Stat Contract.# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 65.00 0.00 65.00 GI, Distribution Gross Amount Descriptions 11.25 CARPOOL -APR 109 -45 -5214 65.00 METROLINK SIMSIDY -APR By SANDRA A {SANDRA} vend# Vendor Flame Sank Check# Chk Date Check Amount Sep 2306 C.P.R.S. AP 111384 05/26/99 120.00 Claim# General Description 24429 MEMBERS�IIP -RALPH NUNEZ PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Not Amount 0 05/24/99 120.00 0.00 120.00 GL Distribution Gross Amount Description 11.25 CARPOOL -APR 100 -71 -5240 120.00 MEMBERSHIP -R NUNEZ By SANDRA A {SANDRA} Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 241 CIRCUIT CITY AP 111385 05/26/99 437.32 Claim# General Description 24425 PVM 2559 25" TV /VCR CITY COUCIL MTG RM PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/25/99 437.32 0.00 437.32 GL Distribution Gross Amount Description 11.25 CARPOOL -APR 100 -57 -5210 437.32 25" TV /VCR By SANDRA A {SANDRA} ---------------------------------------__-_----_----_--_-_------------------------------__----------------------'-'--'-----....-...__-----'-- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 928 CRISTINA LEVESQUE AP 111386 05/26/99 18.75 Claim# Genera? Description 24398 CARPOOL SUBSIDY -APR PO# Scat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 16.75 0.00 18.75 GL Distribution Gross Amount Description 11.25 CARPOOL -APR 109 -45 -5210 18.75 CARPOOL SUBSIDY -APR By SANDRA A {SANDRA} Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1417 DAVE VILLELA AP 111387 05/26/99 11.25 Claim# General Description 24399 CARPOOL SUBSIDY -APR PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 11.25 0.00 11.25 GL Distribution Gross Amount Description 109 -45 -5210 11.25 CARPOOL -APR CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA} Jun 08, 1999 09:34am Page 4 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4055 DOLORES MADSEN AP 11-1388 05/26/99 15.00 Claim# General Description 24400 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc D*_ Gross Amount Discount Amt Discount Used Net Amount 0 DS/24/99 15.00 {7.00 15.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 109 -45 -5210 15.60 CARPOOL SUBSIDY -APR 109 -45 -5210 Vend# Vendor Name CARPOOL -MAR Bank Check# Chk Date Check Amount Sep 4193 DON RODRIGUEZ 21.25 AP 111389 05/26/99 33.00 Claim# General Description 24407. BIKE SUBSIDY -APR P0$ Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 33.00 n.0c 33.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 109- 45 -52iU 33.00 BIKE SUBSIDY -APR 109 -45 -5210 Vend# Vendor Name CARPOOL -MAR Bank Check #. Chk Bate Check Amount Sep 2991 ELIZABETH FLORES 21.25 AP 111396 05/26/99 45.00 Claim# General Description 24411 CARPOOL SUBSIDY MAR -23.75 APR -21.25 Pp# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 45.00 0100 45.00 GL Distribution Gross Amount Description 109 -45 -5210 23.75 CARPOOL -MAR 109 -45 --5210 21.25 CARPOOL -APR ----_.._..__---- -`-----`--`----------`----------`------------------------------------------------------------------- Vend# Vendor Name Bank Check# -`--------- -._.._ -- - - -- Chk Date Check Amount Sep 879 ELLEN PARKS AP 111391 05/26/99 51.53 Claim## General Description 24402 METROLINK SUBSIDY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 51.53 0.00 51.53 GL Distribution Gross Amount Description 109 -45 -5210 57.53 METROLINK SUBSIDY-APR CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun D8, 1999 C9:34am Page 5 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 ----------------------------------.----- ------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2122 EVA DELGADO AP 111392 05/26/99 20.00 Claim# General Description 24403 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount. P 05/24/99 20.00 0.00 20.60 CL Distribution Gross Amount Description 21.25 CARPOOL -APR 109 -45 -5210 20.00 CARPOOL SUBSIDY -APR Bank Check# Chk Date Check Amount Sep Vend# Vendor Name AP 171394 Bank Check# Chk Date Check Amount Sep 1311 GAIL BZSHOP AP 111393 05/26/99 21.25 Claim# General Description 24404 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 21.25 0.00 ?1.25 GL Distribution Gross Amount Description GL Distribution Gross Amount 109 -45 -5210 21.25 CARPOOL -APR 109 -45 -5210 Vend# Vendor Naive CARPOOL -APR Bank Check# Chk Date Check Amount Sep 2828 GEORGE MARTINEZ AP 171394 05/26/99 18.75 Claim# General Description 24406 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 18.75 0.00 18.75 GL Distribution Gross Amount Description 13.75 109 -45 -5210 18.75 CARPOOL -APR Description Vend# Vendor Name 109 -45 -5210 Bank Check# Chk Date Check Amount Sep 742 GLORIA ROMO AP 111395 05/26/99 13.75 Claim# General Description 24405 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 13.75 0.00 13.75 GL Distribution Gross Amount Description 109 -45 -5210 - 13.75 CARPOOL SUBSIDY -APR -----------------------------------------------------------------------------------------_.._-..,.__--------------`--`--------`-`_-'----- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1486 GUADALUPE FIERRO AP 111396 05/26/99 11.25 Claim# General Description 24412 CARPOOL SUBSIDY -AYR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 11.25 0100 .1.1,25 GL Distribution Cross Amount Description 109 -45 -5210 11.25 CARPOOL SUBSIDY -APR CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Sun 08, 1999 09734am Page 7 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s !11378 to 111537 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 976 NECTOR LUNA AP 111397 05/26/99 65.00 Claim# General Description 24407 METROLINK SUBSIDY -APR P6# Scat Contract# Invoice# Invc Dt Gross Amc=_ Discount Amt Discount Used Net Amount 0 05/24/99 65.00 0.00 65.00 GL Distribution Gross Amount Description 109 -45 -5210 65.00 METROLINK -APR -----------------------°_----___---------__---------.._..__----------------------__-__------------------------------------------------ Vend# Vendor Name 23.75 CARPOOL -APR Bank Check# Chk Date Check Amount Sep 939 HENNIB APODACA AP 111396 05/26/99 57.35 Claim# General Description 24408 METROLINK SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 0 05/24/99 57.35 0.00 57.35 GL Distribution Gross Amount Description 109 -45 -5210 57.35 METROLINK SUBSIDY -APR Vend# Vendor Name 23.75 CARPOOL -APR Bank Check# Chk Date Check Amount Sep 2396 JAIME ORTIZ AP 111399 05/26/99 50.00 C1a.im# General Description 24409 CARPOOL SUBSIDY MAR -26,25 APR -23.75 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 109 -45 -5210 26.25 CARPOOL -MAR 109 -45 -5210 23.75 CARPOOL -APR Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 855 JOHN YEUNG AP 111400 05/26/99 290.74 Claim# Genera? Description 24430 REIMB TRAVEL EXPENSE PO# Stat Contract# invoice# Invc Ot Gross Amount Discount Amt Discount Used Net Amount 0 05/10/99 290.74 0.00 290.74 GL Distribution Gross Amount Description 131 -13 -5330 290.74 TRAVEL EXPENSE CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 8 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2723 LAURA MOYA AP 111401 05/26/99 20.00 Claim# General Description 24410 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 20.00 0.09 20.00 GL Distribution Gross Amount Description 16.25 CARPOOL -APR iD9 -45 -5210 20.00 CARPOOL -APR -" `----""----------------"---- Chk Date Check Amount Sep Vend# Vendor Name --- ---....-.------------------ --- Bank Check# Chk Date Check Amount Sep 883 MAX GARCIA AP 111402 05/26/99 23.75 Claim# General Description 24413 CARPOOL, SUBSIDY -MAR PO# Stat Contract# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount. 0 05/24/99 23.75 0.00 23.75 GL Distribution Gross Amount Description 16.25 CARPOOL -APR 109 -45 -5210 23.75 CARPOOL -MAR -" `----""----------------"---- Chk Date Check Amount Sep ------------------------- -- - °__- ___-- -'-- _......_ Vend# Vendor Name --- ---....-.------------------ --- -- -- ---------- `------ - - - - Bank Check# Chk Date Check Amount Sep 4395 MEREK KLEINBERG AP 111403 05/26/99 8,000.00 Claim# General Description 24422 LATHE COMMERICAL LOAN CLIENTS -RIGO S14BET METAL YURY ANGUTAN0 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 8,000.00 0.00 8,000.00 CL Distribution Gross Amount Description 16.25 CARPOOL -APR 119 -44- 5620 -042 8,000.00 CON1MERICAL LOAN -RIGO STIEET Bank Check# Chk Date Check Amount Sep Vends# Vendor Name AP 111405 Bank Check# Chk Date Check Amount Sep 606 MIKE MADRID AP 111404 05/26/99 16.25 Claim# General Description 24414 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 D5/24/99 16.25 0.00 16.25 GL Distribution Gross Amount Descriipticn 109 --45 -5210 16.25 CARPOOL -APR Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3199 OFFICEMAX #648 AP 111405 05126199 194.76 Claim# General Description 24426 FAX TONER /PRINTER CARTRIDGE PO# Stat Contract# Invoice# Invc Dt Gross Amount: Discount Amt Discount Used Net Amount 0 05/20/99 194.76 0.00 194.76 GL Distribution Gross Amount Description 100 -71 -5210 160.17 TONER /CARTRIDGE CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 9 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 100 -74 -5210 34.59 TONER /CARTRIDGE ----------------- ... ---- -----------------_--------------_______--_.._..___.,..._------- ------ --- ----------- __--- ___- ----- `- -_ ----- --- --- ---- Vend# Vendor Name - Bank Check# Chk Date Check Amount Sep 4396 PC CASTLE AND LOU CABOT AP 111405 05/26/99 1,500.40 Claim #k General Description 24423 PC LOAN PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 1,500.00 0.00 1,500.00 GL Distribution Gross Amount Description 160 -00 -1125 1,500.00 PC LOAN vend# Vendor Name Bank Check# Chk Date Check Amount Sep 904 PEGGY SPARGO AP 131407 05/26/99 634.64 Claim ## General Description 24424 PC LOAN PO# Stat Contract.# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/19/99 634.64 0.00 634.64 GL Distribution Grass Amount Description 100 -04 -1125 634.64 PC LOAN ---------------..- .-- `---------------- --- - -- - -LL" -- `--- - --- - -- "`-`--`---------------- ----- --- ----- -- -...------ - - - - -- --- -..__-- Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 4191 RAMON BURGOS AP 111408 05/26/99 31.00 Claim# Genera]. Description 24415 BIKE- CARPOOL SUBSIDY APRIL PO# Stat Contract## Invoice'# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/25/99 31.00 0.00 31.00 GL Distribution Gross Amount Description 109 -45 -5210 31.60 BIKE /CARPOOL -APR ------'-'-------------------°______-__----_---_-_--------..-.._-_-_--------------------------------- -..__-._--------- ---- --- - - - --- - - - -- Vend{# Vendor Name Bank Check# Chk Date Check Amount Sep 719 RAY PAQUIN AP 111409 05/26/99 17.50 Claim# General ,Description 24416 CARPOOL SUBSIDY -APR PO'# Stat Contract_## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 17.50 0.00 17,50 GL Distribution Gross Amount Description 109 -45 -5210 17.50 CARPOOL SUBSIDY -APR -------------------------------------------------- -'--------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.2 N- APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 3.0 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 11_1378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 736 REYNOLDS BUICK INC. AP 111410 05/26/99 78.85 Claim# General Description 24431 MISC AUTO PARTS PO# Stat Contract# Invoice', Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4149 0 BUR34752 11/10/98 78.85 0,40 78.85 GL Distribution Gross Amount Description 385.32 LODGING- MICHELLE ALVES 130 -58 --5270 78.85 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1.996 -1999 * * ** REPAIR OF — ---- -- - ----- --------.--------------------------------°_--_--_-_-------------_-------------------------------- Vend# Vendor Name BUICK OR GMC VEHICLES 1 EA * * ** DISTRIBUTION OF COST `--- --- Hank Check# PO Liquidation Amount AP 3'.7.412 130 -58 -5270 78.85 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 899 ROBERT DELGADO AP 113.411 05/26/99 20.00 Claim# General Description 24417 CARPOOL SUBSIDY -APR PO4 Stat Contract# lnvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 20.00 0.00 20.00 GL Distribution Gross Amount Description 385.32 LODGING- MICHELLE ALVES 109 -45 -5210 20.00 CARPOOL -APR IN CITY BUILDINGS AND IN PARK FACILITIES — ---- -- - ----- --------.--------------------------------°_--_--_-_-------------_-------------------------------- Vend# Vendor Name 7„488.04 1 EA * * ** DISTRIBUTION OF COST `--- --- Hank Check# -------- ---- --- Chk Date Check Amount Sep 1440 SAN FRANCISCO HILTON AND TOWERS AP 3'.7.412 05/26/99 385.32 Claim# General Description 24425 LOVING -- MICHELLE ALVES 1999 PUBLIC SECTOR EMPLOYMENT LAW CONE 6/9 -6/11 2 NIGHTS ca $169. EA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt ]Discount Used Net Amount 0 05/10/99 385.32 G.00 385.32 GL Distr.ibutinn Gross Amount Description 100 -15 -5330 385.32 LODGING- MICHELLE ALVES 1998 -1999 * * ** WATER USAGE - --- --------- ---- - - ---- ---____--------------------------.__°_-------------_______-__-------------------_-------°___--_--_-°__------ Vend# Vendor Name IN CITY BUILDINGS AND IN PARK FACILITIES Bank Check# Chk Date Check Amount Sep 1759 SAN GASRIEL VALLEY WATER 7„488.04 1 EA * * ** DISTRIBUTION OF COST AP 111413 05/26/99 3,015.1_0 Claim# General Description 24432 WATER USF -PARK MAINT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4,171 0 0 05/05/99 2,488.04 0.00 2,488.04 GL Distr.i.buticn Gross Amount Description 100 -57 -5932 O.GG 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** WATER USAGE IN CITY BUILDINGS AND IN PARK FACILITIES 127 - 57-5432 7„488.04 1 EA * * ** DISTRIBUTION OF COST PO Liquidation Amount 127 -57 -5432 2,488.04 Claim# General Description 24433 WATER USE- SPRINKLERS CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun O8, 1999 09:34am Page 1.1 Check History. :Sank AP Check Dates OO /o0 /00 to 99/99/99 Check #'s 12.1378 to 111537 PO# Stat Contract# Invoice# Znvc Dt Gross Amount Di.scount Amt Discount Used Net Amount 4124 0 0 05/05/99 527.06 0.00 527.06 GL Distribution Gross Amount Description. Gross Amount 3,21 -68 -5432 527.06 1 EA * * ** AMIUAL PURCHASE ORDER. FOR FISCAL YEAR 195B1995 * * ** WATER USAGE Vend# Vendor Name CARPOOL -APR AT ROADSIDE PARK, WALKOUT CREEK NATURE PARK, BARNES PARK, MORGAN PARK AND 3587 SHARON RIVERA OTHER LANDSCAPE AREAS 05/26/99 21.25 PO Liquidation Amount 121 -68 -5432 527.06 -_----°_-_-_-----'-------------------.._...__------------------------------------.--..--`----`--------------..__----------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3104 SANWA SANK CALTPOHNIA AP 111414 05/26/99 828.05 Claim# General Description 24427 CC# 4035 008 3000 01.22 RALPH NONE2 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 828.05 0.44 828.05 GL Distribution Gross Amount Description GL Distribution Gross Amount 150 -00 -2172 628.05 CC PMT -R N'JNEZ 109 -45 -5210 Vend# Vendor Name CARPOOL -APR Bank Check# Chk Date Check Amount Sop 3587 SHARON RIVERA AP 111415 05/26/99 21.25 Claim# General Description 24418 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 4 05/24/99 21.25 0.00 21.25 GL Distribution Gross Amount Description 47.45 METROLINK -APR 109 -45 -5210 21.25 CARPOOL -APR -- --- Bank Check#} --- --- ------ --- ----- - - ---- Chk Date Check Amount Sep --------------- --- -- - - ----- ----------------------------------------------------------._-_...------------_---------------------------- Vend# Vendor Name AP 111417 Bank Check# Chk Date Check Amount Sep 4283 SHARON THOMPSON AP 111416 OS/26/99 47.45 Claim# General Description 24419 METROLINK SUBSIDY -APR PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 45/24/99 47.45 0100 47.45 CL Distribution Gross Amount Description 109 -45 °5210 47.45 METROLINK -APR ..------------------°__---------------'--------°_-------_--- Vend.# Vendor Name ----------_____---.._.._--------------------- -- --- Bank Check#} --- --- ------ --- ----- - - ---- Chk Date Check Amount Sep 856 VICKI VALVERDE AP 111417 05/25/99 17.50 Claim# General Description 24420 CARPOOL SUBSIDY -APR PO# Stat Contract# Invoice# Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 0 05/24/99 17.50 0100 17.50 GL Distribution Gross Amount Description 109 -45 -5210 17.54 CARPOOL SUBSIDY -APR CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Tun 0.8, 1999 09:34am Page 12 Check Ristory. Hank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 111378 to 111537 vend4# vendor Name Bank Check# Chk Date Check Amount Sep 2462 WENDY 1,2111M HARASS AP 111418 05/26/99 23.75 Claim# General Description 24421 CARPOOL SUBSIDY -APR PO# Stat Contracts# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount. 0 05/24/99 23.75 0.00 23.75 GL Distribution Gross Amount Description GL Distribution. Gross Amount 109 -45 -5210 23.75 CARPOOL -APR 04/28/99 130 -58 -5210 Vend# Vendor Name 1 EA * * ** ANNUAL PURCHASE ORDER Bank Check# Chk Date Check Amount Sep 3145 A A EQUIPMENT REPAIR EQUIPMENT AP 117.420* 05/27/99 340.39 Claim# General Description 24434 REPLACEMENT PARTS PO# Stat Contract'# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4197 C 86752 05/05/99 346.39 0.00 340.39 GL Distribution Gross Amount Description 130 -58 -5270 340.39 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FACTORY SERVICE MAINTENANCE AND REPLACEMENT PARTS FOR JOHN DEER GATOR PO Liquidation Amount 130 -56 -5270 253.76 ---------------------------°.---`----`---`-----------`----`------ --- -------------- -- -- --....,_ -- - _---------- ` - -`--- ------ - -- --- - - ------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 86 ARROW PIPE & STEEL AP 113.422. 05/27/99 1.52 Claim# General Description 244366 4X.4 PLATE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4465 C 09 -13326 03/29/99 1.52 0.00 1.52 GL Distribution. Gross Amount Description 249958 04/28/99 130 -58 -5210 1.52 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL, YEAR 1998 -1999 * * ** STEEL TO 250024 05/03/99 REPAIR EQUIPMENT 0.00 25.98 PO Liquidation Amount 05/04/99 196.7.0 0.00 130 -58 -5210 - 1.52 250087 ------------------------------------- 29.17 --------------------------- ... ---------------------------------------------------------------------- Vend# Vendor Name 29.17 Bank Check# Chk Date Check Amount Sep 89 ASSOCI"AxED ASPi3AL'T 0.00 32.96 AP 111422 05/27/99 367.69 Claims# General Description 24437 ASPHALT PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 4151 0 249925 04/27/99 42.22 D.OD 42.22 249958 04/28/99 41.26 0.00 41.26 250024 05/03/99 25.96 0.00 25.98 250052 05/04/99 196.7.0 0.00 196.10 250087 05/05/99 29.17 0.00 29.17 250120 05/06/99 32.96 0.00 32.96 GL Distribution Gross Amount Description 114 -61 -5210 -093 367.69 1 EA * * ** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1996 -1999 * * ** VARIOUS CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 13 Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 111378 to 111537 GRADES OF HOT AND COLD MIX ASPHALT AND EMULSIONS PO Liquidation Amount 114 -61 -5210 -093 367.69 --_-_--°------------------------------------------------.-._-------------------------------------------------__-_-__------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3257 B +B RBD -1 MIX CONCRETE, INC AP 111423 05/27/99 2,527.09 Claim# General Description 24438 3000 PSI #4 RK #35% PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4245 O 32355 04/28/99 568.85 0.00 568.85 32423 05/03/99 1,958.24 0.00 1,958.24 GL Distribution Gross Amount Description PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** CAR WASFIES PO Liquidation 114 -61- 5210 -093 2,527.09 1 .3A * * ** A.N'NJAL PURCHASE ORDER FOR FISCAL YEAR 1998 --1999 * * ** READY MIX -- -____ Date Check Amount Sep CONCRETE AP 111425 PO Liquidation Amount -- ------------------------------ Bank Check# Chk Date Check Amount Sep 114 -61 -5210 -093 2,527.09 AP 111426 05/27/99 500.06 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4112 B.Z.G. STUDIO, INC. AP 111424 05/27/99 59113 Claim# General Description 24442 NAVY /GRAY JACKET PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 3548 05/13/99 59.13 0.00 59.13 GL Distribution Gross Amount Description 100 -72 -5210 59.13 0ACKET PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** CAR WASFIES PO Liquidation -------------------------------------'-_-----..__----__------------------_----_--_..._------------------------------------------- Vend# Vendor Name Bank Check# .Chk -- -____ Date Check Amount Sep 105 BALDWIN P. CHEVRON AP 111425 05/27/99 152.00 Claim# General Description 24440 CAR WASHES 1/01/98 - 04/30/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4049 0 170 05/08/99 152.00 0.00 152.00 GL Distribution Gross Amount Description 100 -23 -5210 152.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** CAR WASFIES PO Liquidation Amount 100 -23 -5210 152.00 ------------------------------------------------------------- Vend# Vendor Name ----------------------------------------- -- ------------------------------ Bank Check# Chk Date Check Amount Sep 102 BALDWIN PARK CHAMBER OF COMMERCE AP 111426 05/27/99 500.06 Claim# General Description 24439 48TH ANNUAL AWARDS DINNER 4/22/99 EMERALD SPONSOR PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 293 05/17/99 500.00 0100 500.06 GL Distribution Gross Amount Description 100 -81 -5330 500.00 AWARDS DINNER 4/22/99 ---------------------------------------------------------------------------------._-'------_____°_--___-------- ------ --------- `- - --- -- CCS.AP Accounts Payable Release 5.7.2 0*APR700 By SANDRA A (SANDRA) Sun 08, 1999 09 ;34am Page 14 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 1113'78 to 111537 Vend# Vendor Name Bank Check## Chk Date Check. Amount Sep 2968 BALDWIN PARK EXPLORER POST AP 111427 05/27/99 49.00 Claim# General Description 24446 WASH POLICE VEHICLES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4748 C 04/18 04/18/99 49.00 0.00 49.00 GL Distribution Gross Amount Description 130 -58 -5210 4'3.00 1 EA * * ** ANN;7AL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** WASHING POLICE VEHICLES PO Liquidation Amount 130 -58 -5210 34.00 ----------------------°_------------`----------------------------------------------_------_-_°_°_----------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3174 BAVCO BACKELOW APPARATUS AP 111428 05/27/99 84.65 Claim# General Description 2444' MISC PARTS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4294 O 169438 04/28/99 84.65 0.00 84.65 GL Distribution Gross Amount Description 121 -66 -5210 84.65 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SPECIALIZED BACKFLCW DEVICE. PARTS PO Liquidation Amount 121 -66- 5214 84.65 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2938 BILL VAN CLEAVE AP 111429 05/27/99 50100 Claim# General Description 24444 FINANCING AUTHORITY MCNT14LY MTG ALLOWANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4168 0 0 05/26/99 50.00 0.00 50100 GL Distribution Grass Amaunt Description 100 -81 -5440 50.60 1 EA ...e ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FINANCING kUTHORITY MEETING ALLOWANCE PO Liquidation Amount 134- 87. -50GG 53.03 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 135 BOTSE CASCADN OFFICE PRODUCTS AP 111436 05/27/99 144.61 Claim# General Description 24445 TACK BOARD PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5119 C 467870 05/12/99 144.61 0.00 144.61 GL Distribution Grass Amount Description 100 -54 -5210 -079 144.61 3 EA 41X3' TACK BOARD PO Liquidation Amount 100 °54-5210 -079 1-44.61 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA} Sun O8, 1999 09:34am Page 16 Check History. Hank AP Check Dates 00 /00 /00 to 99199199 Check #'s 111378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4398 CA INTEGRATED WSTE MANAGEMENT BOARD ATTN: ACCOUNTING AP 3.11431 05/27/99 2,005.26 Claim# General. Description 24447 REIMB - UNDOCUMENTED PERSONNEL COST -USED OIL OPPORTUNITY GRANT #UB03 -94- 723 -19 PO# Stat Contract# invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 0076 11/13/98 2,005.28 0.00 2,005.28 GL Distribution Gross Amount Description 100 -81 -5330 2,005.28 REIMB- U8C- -3 -94- 723 -19 FOR FISCAL YEAR 1998 -19999 * * ** FACTORY Vend# Vendor Name SERVICE MAINTENANCE AND REPLACEMENT PARTS POR FMC STREET SWERPRRS -- Hank Check# Chk Date Check Amount Sep 217 CARDE PACIFIC CORP. AP 111432 05/27/99 83.19 Claim# General Description 24448 MISC PARTS PO# Stat Contract# invoice# Invc Dt Gross Amount biscount Amt Discount Used Net Amount 4310 O C44627 04/29/99 83.19 0.00 83.19 GL Distribution Gross Amount Description 130 -58 -5270 83.19 1 EA * * ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -19999 * * ** FACTORY SERVICE MAINTENANCE AND REPLACEMENT PARTS POR FMC STREET SWERPRRS -- PO Liquidation Amount 130 -58 -5270 83.19 Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 3286 CERTIFIED TRANSMISSION AP 111433 05/27/99 1,199.50 Claim# General Description 24449 TRANSMISSION REPAIRS PO# Stat Contract-# Invoice# TnVC Dt- Gross Amount Discount Amt Discount Used Net Amount 4134 O 004642 04/:.6/99 1,199.50 0.00 1.,199.50 GL Distribution Gross Amount Description 130 -58 -5270 1,199.50 1 EA * * ** ANNUAL PURCHASE, ORDER FOR FISCAL YEAR 1998 -1999 * * ** TRANSMISSION REPAIRS PO Liquidation Amount 130 -58 -5270 1,199.50 ------------------------------------------------------------------- ----------- ----- ---- ---------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1507 CHRISTOPHER CARLOS AP 7_11434 05/27/99 2,568.39 Claim# General Description 24455 DISABILITY PAYMENT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/27/99 2,568.39 0.00 2,568.39 GL Distribution Gross Amount Description 500 -00 -1100 2,568.39 DISABILITY PMT CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) jun 08, 1999 09:34am Page 17 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 11137& to 111537 _----------------------------------------------------------------_-_-----------_-------°__-----------------------...-------_-_--------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3034 CITRUS CAR WASH AP 111435 05/27/99 257.25 Claim# General Description 24450 CAR WASHES -APRIL PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4133 0 60423/80424 04/29/99 257.25 0.00 257.25 GL Distribution Gross Amount Description 130 -58 -5210 257.25 1 EA * *** ANNUPL PURCHASE ORDER FOR FISCAL YEAR 1998 -0.999 * * ** WMHIN:j POLICE DEPARTMENT AND CITY VEHICLES PO Liquidation Amount 130 -58 -5210 257.25 .._.._-- --------- -------- - -- - -- ---..-------------------------------'--------------------------------------------......- Vend# Vendor Name -__--_-----------__-...... Bank Check# Chk Date Check Amount Sep 247 CLIPPINGER CHEVROLET AP 111436 05/27/99 373.41 Claim# General Description 24451 AUTO PARTS PO# Stat Contract# Invoice# 4135 0 CVW407271 CVW407482 CVW407866 CVW408331 CVW406333 CVW408781 CVW408959 CVW409288 CVW409647 CVW409650 CVW409651 GL Distribution 130 -58 -5270 PO Liquidation 130 -58 -5270 Invc Dt Gross Amount Discount Amt Discount. Used Net Amount 05/04/99 79.83 0.00 79.63 05/05/99 24.49 0.00 24.49 05/06/99 26.98 0100 26.98 05/07/99 37.71 0100 37.71 05/07/99 19.02 0100 19.02 05/10/99 20.95 0100 20.95 05/17./99 13.38 0.00 0.3.38 05/12/99 30.35 0.00 30.35 05/13/99 47.05 0.00 47.05 ® 05/3,3/99 35.84 0.00 35.64 05/13/99 37.81 0.00 37.81 Gross Amount Description 373.41 1 BA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR x998 -1999 * * ** POLICE AND CITY VEHICLES PARTS AND REPAIRS Amount 373.41 -------------------------------------------------- .------------------------------------------------------------------------------------- Vend# Vender Name Bank Check# Chk Date Check Amount Sep 1276 CONLIN BROS. DBA: SPORTS SUPPLY GROUP AP ;.11437 05/27/99 191.60 Claim# General Description 24452 GOAL NET PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt: Discount Used Net Amount 5064 C 108038 05/1.4/99 191.60 0.00 191.60 GL Distribution Gross Amount Description 150 -00 -2154 191.60 60 EA 18 -375 ASCO NO -W131P NYLON NET PO Liquidation Amount, 150 -00 -27-54 191.60 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 18 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 Vend# 'Vendor Name Bank Check# Chk Date Check Amount Sep 2557 CONVERSE CONSULTANTS AP 1].].438 05/27/99 423.25 Claa_m# General Description 24454 ENGINEERING SERVICES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5078 C 333402 05/07/99 423.25 0.00 423.25 GL Distribution Gross Amount Description 3307 109 -58 --5000 423.25 1 EA PROVIDE ENGINEERING SERVICES AT CITY YARD {$85 /HR) PO Liquidation Amount 05/03/99 35.00 0.00 109 -58 -5000 425.50 - Gross Amount Description Vend'- Vendor Name Bank Check# Chk Date Check Amount Sep 322 DYNAMIC WHEELS L TIRES FOR FISCAL YEAR 1998 -1999 * * ** FRONT END AP 111439 05/27/99 104.90 Claim# General Description 24456 WHEEL ALIGNMENTS PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4204 O 3303 04/28/99 34.95 0.00 34,95 3307 04/05/99 34.95 0.00 34.95 3324 05/03/99 35.00 0.00 35.00 GL Distribution - Gross Amount Description 05/27/99 3,260.53 1.30 -58 -5270 104.90 ]. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FRONT END ALIGNMENTS AND RE,QU;RED FRONT END REPAIRS PO Liquidation Amount 130- 58 -527C 104.90 -----_ ----`--`------------------`-`------------"-- Vendor Name ---------------------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 364 FOOTHILL TRANSIT AP 111440 05/27/99 271,60 Claim# General Description 24457 BUS PASS SALES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 9703 05/24/99 271.60 0.00 271.60 GL Distribution Gross Amount Description 3.00 -00 -2062 271.60 BUS PASS SALES ___-."-----------------------------------------------------------------------------------_____`--------------``---------`-------____`- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 725 GEORGE` ?HELPS MOBIL - AP 111441 05/27/99 3,260.53 Claim# General Description 24456 EMERGENCY FUEL PO# Stat Contract# Invoice# 4/27 04/27 5/11 Gil Distribution 130 -58 -5210 Invc Dt Gross Amount 04/27/99 180.75 04/27/99 237.47 05/11/99 380.69 Gross Amount Description 798.91 PURL Discount Amt Discount Used 0.00 0.00 0.00 Net Amount 180.75 237.47 380.69 Claim# General Description CCS.AP Accounts Payable Release 5.7.2 N *A'R700 By SANDRA A (SANDRA) Jun O8, 1999 09:34am Page 19 Check. History, Bank AP Check Dates 00/00/00 to 99199199 Check #'s 111378 to 17-1537 24459 EMERGENCY FUEL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4999 0 05/04 05/04/99 997.30 0.00 997.30 04/30/99 05/04/99 05/04/99 1,170.99 0.60 1,170.99 100 -00-1100 05/11 05/12/99 293.33 0.00 293.33 GL Distribution 105.94 Gross Amount Description Chk Date Check Amount Sep 530 -58 -5210 Description 2,461.62 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 — EMERGENCY 05/27/99 51.04 130 -58 -5210 FUELING OF POLICE DEPARTMENT UNITS AND CITY VEHICLES PO Liquidation FOR FISCAL YEAR 1998 --1999 * * ** SMALL TOOLS Amount 130 -58 -5210 FOR MAINTENANCE- AND REPAIR 2,461.62 --- --- -'_.._- -- - -`- --------------..-_-----------------------------.---------------`----`------------------------------------- Vend# Vendor Name Amount ._____------ Bank Check# Chk Date Check Amount Sep 400 GRAINGER 130 °58 -5210 AP 7.11442 05/27/99 146.01 Claim", General Description 24460 MISC SUPPLIES PO# Stat Contract# Invoice# Invc D* Gross Amount Discount Amt Discount Used Net Amount 4745 0 457 - 686161 -3 04/30/99 40.07 0.00 40.07 100 -00-1100 457- 731790 -4 05/04/99 105.94 0.00 105.94 GL Distribution Chk Date Check Amount Sep Gross Amount Description AP 111444 05/27/99 51.04 130 -58 -5210 146.01 7. EA * * ** ANAL PURCHASE ORDER FOR FISCAL YEAR 1998 --1999 * * ** SMALL TOOLS FOR MAINTENANCE- AND REPAIR PO Liquidation Amount 130 °58 -5210 146.01 — ----- ----- °---------- -'-'- --------------------------------------------------------- vend# Vendor Name ....__-__ _-- ___--------- ------- ... -...-_ — - ---- -- - - - Bank Check# - -- Chk Date Check Amount Sep 41 GREGORY ACUNA AP 111443 05/27/99 447.04 Claim# General Description 24461 ADVANCE DISABILITY MAY 26 -MAY 31, 1999 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/27/99 447.04 0.00 447.04 GL Distribution Gross Amount Description 04/29/99 27.66 0;00 27.66 100 -00-1100 447.04 ADVANCE DISABILITY Gross Amount Description Vend# Vendor Name ___- ___-- Bank Check# Chk Date Check Amount Sep 452 HOSE -MAN INC AP 111444 05/27/99 51.04 Claim# General Description 24463 MISC MATERIALS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 2- 025709 04/27/99 23.38 D.DD 23.38 2- 026636 04/29/99 27.66 0;00 27.66 GI, Distribution Gross Amount Description 130 -58 -5210 ------------------ .---------- ..---- ___- ___-- 51.04 MISC MATERIALS _- _--- - -__-- ---___---__----___°__--___----`-----___--'---......_ _- ------------ -- --- --- --------- CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 20 Check History. Bank AP Check Dates 00 /00/06 to 99/99/99 Check #'s 111378 to 11,1537 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 504 INTERSTATE BATTERIES AP 111445 05/27/99 182.00 Claim# General. Description 24464 BATTERIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5000 0 141130 05/05/99 61.95 0.00 61.95 100 -81 -5000 20017940 05/05/99 60.57 0100 60.57 SERVICES RENDERED 20017949 05/06/99 59.48 4.00 59.48 GL Distribution 150.00 Gross Amount Description Vend# Vendor Name 130 -58 -5210 162.00 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1996 -1999 * ** FREPT-ACEMENT AP 111447 05/27/99 211.30 BATTERIES ON POLICE DEPARTMENT AND CITY MAINTENANCE VEHICLES PO Liquidation Amount 130 -58 -5210 3.82.00 ___ --_-- ----------------------------------- --- ---- - - ----- .__ -_ ___-------_-_----------_-___------------------ Vend# Vendor Name -- ------- __-- ___----- Bank Check# Chk Date Check Amount Sep 643 ISABEL MOISES AP 111446 05/27/99 150.00 Claim# General Description 24465 TRANSLATION SRV 4/23/99 FO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4304 0 0 05/10/99 150.00 0.00 150.00 GL Distribution Gross Amount. Description 100 -81 -5000 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** TRANSLATION SERVICES RENDERED FOR BALDWIN PARK NOW NEWSPAPER PO Liquidation Amount 100 -81 -5000 150.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 509 ,7.H. MITCHELL & SONS AP 111447 05/27/99 211.30 Claim# General Description 24466 FUEL PO# Stat Contract# .Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4817 0 68294 04/30/99 211.30 0.00 211.30 GL Distribution Gross Amount Description 130 -58 -5210 211.30 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1996- 1999 * * ** ENGINE OIL AND LL'BRT- CAN'T'S PO Liquidation Amount 130 -58 -5210 211.30 CCS -AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 21 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 11137B to 111537 Vend# Vendor Name Bark Check# Chk Date Check Amount Sep 28'96 JOHN SINCLAIR VINYL LETTERS & GRAPHICS AP 111448 05/27/99 470.66 Cla4.m# General Description 24467 SIGNS PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 4367 0 039 04/23/99 43.30 0.00 43.30 Gross Amount 041 05/05/99 i38.74 0.00 138.74 GL Disttrihutien 1 EA * * ** ,ANNUAL PURCHASE ORDER Gross Amount Description 114 -59 -5210 -093 182.04 1 EA * * ** ANNUAL PURL }ASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SIGN LETTERING 130 -58 -5214 162.37 PO Liquidation Amount Vend# Vendor Name 114 -59 -5219 -093 Bank Check# 182.44 520 K & V BLUEPRINT SER. Claim# General Description 24468 SIGNS PO# Stat Contract# Tnvoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 5048 0 041 05/05/99 126.25 0.00 126.25 GL Distribution Gross Amount Description 114 -59- 5210 °093 126.25 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SIGN LETTERING PO Liquidation Amount 114 -59 -5210 -093 126.25 Claim# General Description 24469 SIGNS PO# Stat Contract# Invoice# Invo Dt Gross Amount Discount Amt Discount Used Net Amount 4746 0 040 03/03/99 162.37 0.00 162.37 GL Distribution Gross Amount Description 130 -58 -5210 162.37 1 EA * * ** ,ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** VINYL LETTERS AND GRAPHICS PO Liquidation Amount 130 -58 -5214 162.37 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 520 K & V BLUEPRINT SER. AP 111449 05/27/99 97.43 Claim# General Description 24470 BLUEPRINT PO# Stat Contract# Invoice# In-VC Dt Gross Amount Discount Amt Discount Used Net Amount PS41808 04/3.4/99 97,43 0.00 97.43 GL Distribution Gross Amount Description 118 -53- 5000 -819 97.43 BLUEPRINT CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Sun 08, 1999 09:34am Page 22 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check##'s 111378 to 111537 -- ----------------------------------------------------------------- -- -- --,- .- .,._.- _--- _-- -_____ ____-_.__-------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4397 KAY SEE TOYS AP 111450 05/27/99 538.32 Claim# General Description 24474 BOYS /GIRLS BIKES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5166 C 0 05/26/99 538.32 GL Distribution 0.00 538.32 GL Di8tribut9,on Gross Amount Description 25.00 SITTING FEE 163.23 130 -58 -5270 150 -00 -2168 240.38 4 EA BLAST ZONE 20" BOYS BIKE 539 LA PUENTE AUTO ELECTRIC CONDITIONING AND 150 -00 -2168 199.96 4 EA GIRL TALK 20" GIRLS BIKF 04/22/99 28.13 150 -00 -2168 44.99 1 EA BLAST ZONE 16" BOYS BIKE 150 -00 -2168 44.99 1 EA GIRL TALK 16" GIRLS BIKE Chk Date Check Amount: Sep 2392 LAWN MOWER CORNER 150 °00 - 2168 8.60 1 RA ** HOLD CHARGE ** 05/27/99 416.77 PO Liquidation Amount 150 -00 -2168 538.32 ------------- -- --- -- --- ------- ---.-- _, -_-._. Vend# Vendor Name - - .- _---- __ -___ _-_-__---___________-.__-__-_-_____________ _-- Bank Check# --- --------- _- ___,- ___ - -_ - -_ Chk Date Check Amount Sep 4299 KUNDRATH OF PHOTOGRAPHY AP 111451 05/27/99 25.00 Claim# General Description 24471 SITTING FEE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 5/17./99 25.00 0.00 25.00 GL Distribution Gross Amount: Description GL Distribution Gross Amount 100 -12 -5210 25.00 SITTING FEE 163.23 130 -58 -5270 Vend# Vendor Name 1 RA * * *` ANNUAL Bank Check# Chk Date Check Amount Sep 539 LA PUENTE AUTO ELECTRIC CONDITIONING AND AP 111452 05/27/99 3-45.00 Claim# Genera. Description 24473 ELECTRICAL REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4139 0 3NXH12013 05/12/99 145.00 0.00 145.00 GL Distribution Gross Amount Description 0.00 163.23 130 -58 -5270 145.00 1 RA * * *` ANNUAL PUIRCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** AIR 55.29 21901 CONDITIONING AND ELECTRICAL REPAIRS 0.00 PO Liquidation Amount: 04/22/99 28.13 0.00 130 -56 -5270 145.00 -----------------------------------------------------------------------------------------------.___---_--__-_-_-------------°--------- Vend# Vendor Name Bank Check# Chk Date Check Amount: Sep 2392 LAWN MOWER CORNER AP 111453 05/27/99 416.77 Claim# Genera? Description 24472 LAWN MOWER PAR'I'S PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 4342 0 21854 04/01/99 124.43 0100 124.43 21863 04/02/99 163.23 0.00 163.23 21899 04/06/99 55.29 0.00 55.29 21901 04/06/99 33.12 0.00 33.12 22041 04/22/99 28.13 0.00 28.13 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA} Jun 08, 1999 09:34am Page 23 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 22099 04/29/99 12.57 Invc Dt 0.00 12.57 GL Distribution Gross Amount Description 834014 04/28/99 121 -67 -5210 416.77 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** 04/29/99 273.18 PREVENTATIVE MAINTENANCE AND REPAIR OF SMALL LANDSCAPE EQUIPMENT 121--68- -5210 0.00 1 EA * * ** DISTRIBUTION OF COST * * ** 0.06 PO Liquidation Amount Gross Amount Description 121 -67 -5210 416.77 114 -61 -5210 -093 ,. --------------------------------- - --------------------------------------------------------------------------------------------------- Vend# Vendor Name FOR FISCAL YEAR 1998 -1999 * * ** 1" ROCK, Bank Check# Chk Date Check Amount Sep 854 LINDA GAIR SANTO AND C.A.B, AP 1.11454 05/27/99 50.00 Claim# General Description 24443 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4968 0 0 05/26/99 50100 0.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 100 -81 -5000 50.00 -------------'-'---'--'___---------`---`-- --------.._`---------------------------------------------`----`------- ----'.------- ------ -- - - - - -- Vend# Vendor Name Bank Check.# Chk Date Check Amount Sep 3292 LIVINGSTON GRAHAM/ BLUE DIAMOND AP 111455 05/27/99 468.61 Claim# General Description 24462 ROCK /SAND PO# Stat Contracts# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4244 0 834014 04/28/99 96.41 0.00 96.41 834345 04/29/99 273.18 0.00 273.18 834458 04/30/99 99.02 0.06 99.02 GL Distribution Gross Amount Description 114 -61 -5210 -093 468.61 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** 1" ROCK, SANTO AND C.A.B, PO Liquidation Amount 114 -61- 5210 -093 468.61 - -_ °__ _ - -.__ _.- ..-_---------------------------------------------------------------- Vend# Vendor Name °_ °__-- _ °_____--------- Bank Chheck# -__- ------------- --------- Chk Date Check Amount Sep 594 MANUEL LOZANO AP 111456 05/27/99 50.00 Claim# General Description 24476 FINANCING AUTHORITY MTG ALLO�14ANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4187 0 0 05/27/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 1G0 -81 -5000 50.00 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 24 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 -------------------°_--------_-_-_------__--_-_____----- --- ------------------- .._.... -__-_---__-_---_--------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 67D MARGARET KAPLAN AP 111457 05/27/99 17.80 Claim# General Description 24475 REIMB EXPENSE POI, Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/20/99 17.80 0.00 17.80 GL Distrihution Gross Amount Description GL Distribution Gross Amount 100-46 -5320 9.30 REIMB EXPENSR 100 -75 -5330 100 -46 -5330 8.50 REIMB EXPENSE -----------------°____--_--_---------------------------------------_..____-_-_-------___--_---------------------------------------___- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 853 MICHAEL SALAS 3702 RALPH VILLASENIOR PAINTING AP 111458 05/27/99 89.41 Claim# General Description 24477 REIMB MONTHLY EXPENSE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 89.41 0.00 89.41 GL Distribution Gross Amount Description 100 -75 -5330 89.41 REIVID MONTHLY EXPENSE Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3702 RALPH VILLASENIOR PAINTING AP 111459 05/27/99 950.00 Claim4 General Description 24485 PAINTING SRV PO# Stat Contract-9 invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5113 C 04082 C5/C6/99 950.00 0.00 950.00 GL Distribution Gross Amount Description 127 -57 -5703 950.00 1 EA PAINTING OF FENCE AND COLLUMN AT MORGAN PARK, COMMUNITY CENTER AND SENSOR CITIZEN BUILDINGS; AND VARIOUS TOUCH WORK AT THE PARK. PO Liquidation Amount 127 -57 -5703 950.00 Vend# Vendor Name Rank Check# Chk Date Check Amount Sep 3494 RAY ANDREW'S FORD AP 111464 65/27/99 7.46 Claim# General Description 24484 MISC PARTS 20# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4148 0 FOR30304 04/28/99 7.46 0.00 7.46 GL Distribution Gross Amount Description 130 -58 -5276 7.46 1 EA * * ** ANNUAL PURCHASE ORDER POR FTSCAL YEAR 1998 -1999 * * ** FORD POLICE UNIT PARTS AND REPAIRS PO Liquidation Amount 130 -58 -5270 7.46 --------------------------------------- ------------------------------------------------------------------------------------------------ CCS.AP Accounts Payable Release 5.7,2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 D9!34am Page 25 Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111376 to 111537 Vend", Vendor Name Rank Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO AP 111461 05/27/99 50.00 Claim# General Descri.pti.cn 24483 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE PO# Stat Contract-4 Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4185 0 0 05/27/99 5fl.00 0.00 50.00 01, Distribution Gross Amount Description 100 - 81-5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PC Liquidation Amount 100 -81 -5000 54.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4168 ROSEMARY P- NMIREZ AP 111462 05/27/99 75.75 Claim# General Description 24482 MICRO CASSETTE RECORDER & CASSETTES PO# Scat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/26/99 75.75 0.00 75.75 GL Distribution Gross Amount Description 0.00 9.60 3.00 -03 -5210 75.75 CASSETTE RECORDER Vend# Vendor Name 69.75 1 EA * * ** ANNUAL PURCHASE ORDER Bank Check# Chk Date Check Amount Sep 1099 SMART & FINAL ACETYLENE AND WELDING AP 111463 05/27/99 103.72 Claim# General Description 24481 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 507.8 0 252895 D5/19/99 103.72 0.00 103.72 GL Distribution Gross Amount Description 100 -81 -5330 103.72 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * ** MISCELLANEOUS SUPPLIES (GOOD MORNING BALDWIN PARK & COUNCIL MEETINGS) PO Liquidation Amount 100 -81 -5330 103.72 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1185 AIRGAS (SO -CAL AIRGAS) AP 111464 05/27/99 69.75 Claim# General Description 24435 OXYGEN /HELIJM PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4264 O 427566 04/28/99 60.15 0.00 60.15 130777 04/30/99 9.60 0.00 9.60 GL Distribution Gross Amount Description 130 -58 -5210 69.75 1 EA * * ** ANNUAL PURCHASE ORDER POR FISCAL YEAR 1998 -1999 * * ** OXYGEN, ACETYLENE AND WELDING PO Liquidation Amount 130 -58 -5210 69.75 CCS.AP Accounts Payable Release 5.7,2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am gage 26 Check History. Bank AP Check Dates 00/00/OC to 99/99/99 Check #'s 111378 to 111537 -------------------------------------.,.____-__-__--__-------___--------__-----------------__._.-___..-_-_____--____-______________:---- Vend# Vendor Name Gross Amount Discount Amt Discount Used Net Amount Bank Check# Chk Date Check Amount Sep 791 S17NSHINE GROWERS Gross Amount Description AP 111465 05/27/99 2,156.95 Claim# General Description PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** ZONE TREE TRIKMING, REMOVAL 24479 NURSERY STOCK Amount 121 -65 -5000 _____________°__-__-___--------_-_-----------___-___---_____-._.._.-------__------------------------------ 1,012.00 POn Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4121 0 14430 09/08/99 64.44 0.00 84.44 14446 04/14/99 693.07 0.00 693.07 GL Distribution Gross Amount Description 121 -68 -5210 777.51 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAIL YEAR 1998 -1999 * * ** MISCELLANEOUS SUPPLIES PO Liquidation Amount 121 -68 -5210 777.51 Claim# General Description 24480 NURSERY STOCK PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5029 O 14446 01/14/99 547.00 o.Da 547.00 14450 04/15/99 259.80 0.00 259.80 14457 04/19/99 101.97 0.00 101.97 14467 04/21/99 105.54 0.00 105.54 14470 04/22/99 252.18 0.00 252.18 14493 04/27/99 73.98 0.00 73.98 12501 04/28/99 38.97 0.00 38.97 GL Distribution Gross Amount Description 127 -66 -5210 1,379.44 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1996 -1999 * * ** NURSERY STOCK PO Liquidation Amount 127 -68 -5210 1,379.44 - -_-- .._..-----------------------`---------------- Vend# Vendor Name ----- ----------- -- -- - - - --- --`------------------------- ----- Bank Check# -- ------ -...______- ___ -___ Chk Date Check Amount Sep 3415 WEST COAST ARBORISTS, INC AP 111466 05/27/99 1,012.00 Claim# General Description 24478 TREE MAINT SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5041 0 15378 05/05/99 1,012.00 o.a0 1,012.00 GL Distribution Gross Amount Description 121 -65 -5000 1,012.00 1 EA *' ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** ZONE TREE TRIKMING, REMOVAL AND PLANTING BY CONTRACTOR PO Liquidation Amount 121 -65 -5000 _____________°__-__-___--------_-_-----------___-___---_____-._.._.-------__------------------------------ 1,012.00 --- -------- ------ ------ - -- - -- CCS.AP Accounts Payable Release 5.7.2 N *APR700 8y SANDRA A {SANDRA} Jun 08, 1999 09:34am Page 27 Check History. Bank AP Check Dates 00 /00 /00 to 99199199 Check #'8 111378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4402 HUNTINGTON BEACH POLICE DEPT AP 111467 06/02/99 20.00 Claim# General Description 24574 REGISTRATION HECTOR GARAY 6/9 -10/99 PQ# Scat Contract.# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6 06/02/99 20.00 20.00 GL Distribution Gross Amount Description 100-25 -5330 20.00 REGIST -H GARAY ------------------- .--------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 108 CITY OP S.P. PAYROLL AP 111468 06/03/99 216,536.49 Claim# General Description 24575 PAYROLL DEP 411 P /E: 5/29/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/03/99 216,5366.49 216,536.49 GL Distribution Gross Amount Description 7.63 100 -00- 1010 216,536.49 PYRL DE? #11 - Vend# Vendor Name 7,77 Bank Check# Bank Check# Chk Date Check Amount Sep 1855 BALDWIN PARK REDEVELOPMENT AGENCY 57,07 AP 111471 AP 111470* 06/03/99 1,435.00 Claim# General Description 24546 CORRECT RDA CK #010298 GL DISTRIBUTION AND REIMB RDA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/26/99 1,435.00 0.00 1,435.00 GL Distribution Gress Amount Description 0.00 7.63 102 - DOA -1010A 1,435,00 CORRCT RDA CK 40102098 0.00 58.55 ----------------------_----------°_--_----_----_---____-----_..__..----_-____-_........____------------------------------------------------ Vend# Vendor Name 7,77 Bank Check# Chk Date Check Amount Sep 1.33 STAR AUTO PARTS (BOB'S AUTO PARTS) 57,07 AP 111471 06/03/99 302.04 Claim# General Description 24509 MISC AUTO PARTS PO# Stat Contract# Invoice# 4132 0 125484 125548 125565 125712 D1218 D1221 D1320 D1419 D1443 D1516 D1537 D1570 Invc Dt Gross Amount Discount Amt Discount Used Net Amount D4/05/99 15.10 O.DD 15.10 04/07/99 7.63 0.00 7.63 04/08/99 58.55 0.00 58.55 04/13/99 7,77 0.00 7.77 04/20/99 57,07 0.00 57.07 04/20/99 33.90 0.00 33.90 04/23/99 68.63 0.00 68.83 04/26/99 25.11 0.40 25.11 04/26/99 1.33 0.00 1.33 04/28/99 7.37 0.00 7.37 04/29/99 15.46 0.00 15.46 04/30/99 3.92 0.00 3.92 GL Distribution Gross Amount Description 130 -58 -5210 302.04 1 EA * * ** ANNUAT PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** AUTO PARTS CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Sun 08, 1999 09:34am Page 28 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 C ".heck #'s 111378 to 7.7.7.537 AND SUPPLIES PC Liquidation Amount 130 -56 -5210 302.04 -------------------------- ------------------------------------------------------------------------------------------------------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2825 CANADA LIFE ASSURANCE ATTN: GROUP ADMIN DEPT AP 111472 06/03/99 729.60 Claim# General Description 24515 JUNE PREMIUM Pp# 9 &10 GROUP #44373 PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount a 05/26/99 '729.66 0.00 729.60 GL Distribution Gross Amount Description 50.00 SR TRIP 8/6/99 . 100 -00 -2303 729.60 JUN PREM #9 &10 Bank Check# Chk Date Check Amount Sep Vend# Vendor Name AP 111474 Bank Check# Chk Date Check Amount Sep 1990 CATALINA CRUISES AP 111473 06/03/99 50.00 Claim# General Description 24543 DEPOSIT -SR TRIP 8/6/99 2S TICKETS PO# Stat Contract# Invoice# rove Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/Oi/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 150 -00 -2169 50.00 SR TRIP 8/6/99 . ______________°____-_______°____--------------------------------------------------____°__-___---------------------------------____..- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1990 CATALINA CRUISES AP 111474 06/03/99 496.00 Y Claim# General Description 24544 BALANCE SR TRIP 8/6/99 25 TICKETS PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 496.00 0.00 496.00 GL Distribution Gross Amount Description 150 -00 -2169 496.00 BALANCE -SR TRIP . vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 111,175 06/03/99 325.33 Claim# General Description 24516 CASE# KP0001755 N MANFREDI PP# I.0 &11 P /E: 5/29/99 PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 325.00 0.00 325.00 GIr Distribution Gross Amount. Description 100 -00 -2231 325.00 MA.NFREDI #10 &11 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA} Jun 08, 1999 09:34am Page 29 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 111376 tc 111537 ------------------------------------ ...-_-_---------------------------------------___------------_-------------------------------..---_- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 267 COURT TRUSTEE All 111476 06/03/99 200.00 Y Claim# General Description 24517 CASE#BD0060095 N MANFREDI P /E: 5/29/99 #11 PO4 Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 200.00 0.00 200.00 CL Distribution Gross Amount Description GL Distribution Gross Amount Description 100 -00 -2231 200.00 N MI ANFREDI #11 3,14-53-5020 -803 19,400.78 1 ----------.._..------------------------------------------------.._°-_-'---____-------__---°_..___--------- Vend# Vendor Name GAS TAX STREET -- ----- - Bank Check4 ---------- ----- --- - - - -__ Chk Date Check Amount Sep 257 COURT TRUSTEE, EA ** CONTINGENCIES ** AP 111477 06/03/99 586.48 Y Claim# General Description . 24518 CASE #GD0020433 ARMANDO LOPEZ OR SS# 547 -49 -9187 PP #11 P /E: 5/29/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 586.48 0.00 586.48 GL Distribution Gross Amount Description GL Distribution Gross Amount Description 100 °00 -2231 586.48 A LOPEZ 3,14-53-5020 -803 19,400.78 1 ----------------------------- .-------------------------------------------------------------------------------------------------------- Vend# Vendor Name GAS TAX STREET Bank Check# Chk Date Check Amount Sep 4087 DAMON CONSTRUCTION COMPANY EA ** CONTINGENCIES ** AP 111478 06/03/99 21,340.06 Claim# General Description 24519 98 -99 GAS TX IMPROVEMENTS CID 803E PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4729 C 499 -RET 05/12/99 21,340.86 0.00 21,340.86 GL Distribution Gross Amount Description 3,14-53-5020 -803 19,400.78 1 EA CONSTRUCTION OF 1998 -1999 GAS TAX STREET IMPROVEMENT PROJECT, CIPS02B 114-53 -5020 -803 1,940.08 1 EA ** CONTINGENCIES ** PO Liquidation - Amount 114 -53 -5020 -803 64,114.19 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 293 DEPORTES JALISCO AP 111479 06/03/99 269.01 Claim## General. Description 24520 T- SHIRTS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5157 C 0 05/19/99 289.01 0.00 289.01 GL Distribution Gross Amount Description 150 -00 -2154 269.01 36 EA 50/50 T- SHIRTS, WHITE, YOUTH PO Ligaidaticn Amount 150 -00 -2154 272.79 ----------------------- --------------------------------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.2 N- APR700 By SANDRA A (SANDRA) Jun C8, 1999 09:34am Page 30 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 111378 to 113.537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1331 DCNNA TAYLOR AP 111480 06/03/99 1,419.00 Claim# General Description 24522. CASE #FL17880 N TAYLOR PP# 10 &11 PO# Star Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 1,419.00 0.00 1,419.00 GL Distribution Gross Amount Description Gross Amount Description 100 -00 -2231 1,419.00 M TAYLOR 410 &11 150-00-2154 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4392 FAULT LINE SCREEN PRINTING 150 -00 -2154 AP 111481 06/03/99 1,667.77 Claim# General Description 24522 T- SHIRTS /BASEBALL CAPS PO# Stat Contract# Invoice# Tnvc It Gross Amount Discount Amt Discount Used Net Amount 5150 C 90348 05/17/99 902.18 0.00 902.18 90349 05/17/99 965.59 0.00 965.59 GL Distribution Gross Amount Description 150-90 -2154 247. -91 20 EA 50/50 T- SHIRTS, YOUTH, WHITE 150-00-2154 5.O6 1 EA 50/50 T- SHIRTS, YOUTH, LIGHT COLORS 150 -00 -2154 541.05 99 EA 50/50 T- SHIRTS, YOUTH, DARK COLORS 2687 FRANCHISE TAX BOARD VEHTCLE REGISTRATION 150 -00 -2154 137.72 22 EA T- SHIRTS, ADULT, COACH 06/03/99 103.00 150 -00 -2154 831.70 279 EA BASEBALL CAP 150-00 -2154 19.87 4 EA ** INK COLORS ** 150 -00 -2154 39.75 1 EA ** SET -UP FEE (FULL FRONT} ** 3.50 -00 -2154 19.87 1 EA ** SET -UP FEE (COACH) ** 3.50 -00 -2154 24.84 1 EA ARTIST FEE PO Liquidation Amount 150 -00 -2154 1,879.68 __________________________°_°_-__-__-----___-___--------------____----_________---_---_--------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4407 FESTIVAL OF ARTS AP 111482 06/03/99 585.00 Claim# General Description 24540 SR TRIP - PAGEANT OF THE MASTERS 7 /15/99 25 TICKETS @ $25. EA $10. SRV CHARGE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 585,00 0.00 585.00 GL Distribution Gross Amount Description 150 -00- 2169 565.00 SR TRIP _________________________________________________________________________________________________________.._____---_-__--_-_---___--- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2687 FRANCHISE TAX BOARD VEHTCLE REGISTRATION COLLECTIONS AP 111483 06/03/99 103.00 Claim# General Description 24523 ACCT# 2YUJ53515561 RAYMOND PAQUIN SS #565 -.08 -4970 PP #11 - 5/29/99 PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 U6/01/99 103.00 0.00 103.00 GL Distribution Gross Amount Description 100°00 -2231 103.00 R PAQUTN #11 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 32 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 --------___-°_----___°---------------------------------------...-.-.°---------------`---- ---------- ---- -- -- "-- -- -- - -`- `--- Vend# Vendor Name Bank Check# Chk Bate Check Amount Sep 4286 HANK INDUSTRIAL TOWEL & UNIFORM SERVICE AP 111464 06/03/99 1,124.92 Claim## General Description 24524 UNIFORMS /MAT RENTAL 2/24/99 - 4/21/99 POj# Stat Contract-4 invoice# 4996 0 044428 044430 044432 045185 045186 045187 045915 045916 045917 046643 046644 046645 047381 047382 047383 048112 048113 048114 04.6658 046859 048860 049585 049586 049588 050329 050330 050332 GL Distribution 100 -57- -5210 100 -57 -5210 100 -63 -5210 100 -64 -5210 114 -53- 5216 -093 114 -61 -5210 -093 117 -69 -5210 121 -65 -5210 121 -66 -5210 121 -67 -5210 121 -68 -5210 130 -58 -5210 PO Liquidation 100 -57 -5210 100 -63 -5210 100 -64 -5210 114 -59 -5210 -093 114 -61 -5210 -093 CCS.AP Accounts Payable Release 5.7.2 N *APR700 Inve Dt Gross Amount Discount Amt Discount Used Not Amount 02/24/99 24.12 0.00 24.12 02/24/99 79.38 0.00 79.38 02/24/99 15.60 0.00 15.60 D3/03/99 23.44 0.00 23.44 03/03/99 15.60 0.00 15.60 03/03/99 79.72 0100 79.72 03/10/99 81.08 0.00 81.08 03/10/99 24.12 0.00 24.12 03/10/99 1.5.60 0.00 15,60 03117199 61.08 0.00 81.08 03/!7/99 24.12 0.00 24.12 03/17/95 15.60 0.00 15160 03/24/99 81.08 0.00 81.08 03/24/99 15.60 0.00 15.60 03/24/99 24.12 0.00 24.12 03/31/99 65.06 4.00 85.08 D3/31/99 15.60 O.DD 15.60 03/31/99 24.12 0.00 24.12 04/07/99 24.12 0.00 24.12 04/07/99 is.60 0.00 15.60 04/07/99 93.14 0.00 93.10 04/14/95 24.12 0.90 24.12 D4/14/99 15.60 O.DO 15.60 44/14/99 99.60 0.00 99.80 04/21/99 24.12 0.00 24.12 04/21/99 15.60 0,00 15.60 04/21/99 87.80 0.00 87.60 Cross Amount Description 371.22 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998-7.999 * ** UNIFORMS AND MATS 0,00 1 EA *'* DISTRIBUTION OF COST ww 33.75 1 SA ** DISTRIBUTION OF COST ** 78.74 1 EA ** DISTRIBUTION OF COST w* 56.25 1 EA ** DISTRIBUTION OF COST *w 56.25 1 EA ** DISTRIBUTION OF COST ** 33.75 1 EA ** DISTRIBUTION OF COST ** 78.74 1 EA * *DISTRIBUTION OF COST ** 33.75 1 EA ** DISTRIBUTION OF COST ** 56.25 1 EA ** DISTRIBUTION OF COST ** 112.49 1 EA ** DISTRIBUTION OF COST ** 213.73 1 EA ** DISTRIBUTION OF COST ** Amount 371.22 33.75 78.74 56.25 56.25 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 33 Check History. Hank AP Check Dates DD /co /oo tc 99/99/99 Check #'s 111378 to 111537 117 -69 -5210 33.75 121--65 -5210 78,74 121 -66 -5210 33175 121 -67- 5210 56.25 121 -68 -5219 112.49 7.30 -58 -5210 213.73 --------------------------------------- .----------------------------------------------------------- ..--------------------------------------- Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 2386 IRMA GARCIA AP 1114B6* 06/03/99 50.00 Claim# General Description 24539 PETTY CASH -SR VOLUNTEER RECOGNITION PICNIC PO# Stat Contract# Invoice #. Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -52 -5210 100 -73 -5210 50.00 PET' ='Y CASH FOR FISCAL YEAR 1998--1599 * * ** Vend# Vendor Name - Bank Check# Chk Date Check Amount Sep 520 K & V BLUEPRINT SER. AGREEMENT FOR BLUELINE MACHINE AP 111487 06/03/99 174.98 Claim## General Description 24525 3 PEN SLIM PAX RAPIDO KA_RS PIGMENT LINER DISPENSER #11 BLADES 20# 4024DP BOND 2 /CTN PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Lased Net Amount. 4291 0 42813 05/17/99 174.98 0.00 174.98 GL Distribution Gross Amount Description 100 -52 -5210 174.98 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998--1599 * * ** REPRODUCTIONS AND PRINTS, ROLLS OF PAPER AND MAINTENANCE CONTRACT I'OR AGREEMENT FOR BLUELINE MACHINE PO Liquidation Amount 100 -52 --5210 174.98 ----------------------------------- ---------- Vend# Vendor Name --..__..__- `--- -__- -- -.--- ---........----_..____----------------------------------------------- Bank Check# Chk Date Check Amount Sep 586 L.A. CO METROPOLITAN TRANSPORTATION AUTHORITY AP 111488 06/03/99 7,341.00 Claim# General Description 24467 BITS PASS SALES -MAY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4328 0 5990372 04/25/99 4,710.00 0.00 4,710.00 5990373 04/25/99 2,631.00 0.00 2,631.00 GL Distribution Gross Amount Description 117 -55 -5040 -454 2,909.40 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 --1999 * * ** BUS PASS SALES 100 -DO -2066 4,431.60 1 EA * * ** DISTRIBUTION OF COST * * ** PO Liquidation Amount 100 -00- 2066 4,431.60 117 -55- 5000 -OS4 2,909.40 ------------------------------------------------..----_.._----... .____-- _..__..______--- _- _ ----- -__---------____ ___- _--- .._....___--- __.._____- CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Sun 08, 1999 09:34am Page 34 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 ----------------------------------------------------------------------------`------------------- -- --- ---------- ------ ---- - - - -__ __- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3753 L.A. CO. FIRE DEPT AP 7.11489 06/03/99 428.00 Claim# General Description 24485 UNDERGROUND STORAGE TANKS LACC /CUPA #004854 -2 PO# Stat Contract# invoice# Invc at Gross Amount Discount Amt Discount Used Net Amount 99003624 05/04/99 260.00 0.00 260.00 99003791 05/04/99 168.00 0.00 168.00 GL Distribution Gross Amount Description REIMBURSEMENT OF SADDLE INSTALLATIONS (3316 130 -58 -5216 428.00 STORAGE TANKS PERMIT #7778, 3281 MILLBURY AVE - PERMIT ##7779, 3795 Vend# Vendor Name MILLBURY AVE - Bank Check# Chk Date Check Amount Sep 2168 LOS ANGELES COUNTY DEPARTMENT OF Amount AP 117.490 06/03/99 616.00 Claim# General Description 24488 SADDLE INSTALLATIONS ACCT# PW8 PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5120 C M9900000906 04/26/99 616.06 0.00 616.00 GL Distribution Gross Amount Description 154 -00 -2157 616.00 1 EA INVOICE #M9900000906 REIMBURSEMENT OF SADDLE INSTALLATIONS (3316 MILLBURY AVE _ PERMIT #7778, 3281 MILLBURY AVE - PERMIT ##7779, 3795 MILLBURY AVE - PERMIT #7730, AND 3316 BIG DALTON - PERMIT 42717) PO Liquidation Amount 150 -00 -2157 616.00 ---------------------------'__°--_-'------------------`------`---`---------------------------------"'- Vend# Vendor Name ------- -- Bank Check# Chk --- -- `------ -- `- - -_--- -- Date Check Amount Sep 995 LA SALLE NATIONAL BANK LEASING /FINANCIAL SVC DIV AP 111491 06/03/99 2,890.00 Claim# General Description 24526 LEASE #57 PMT #57 OP 122 PO# Stat Contract# Invoice# Cnvo Dt Gross Amount. Discount Amt Discount Used Net Amount 4273 0 1026 03/15/99 2,890.06 0.00 2,890.00 GL Distribution Gross Amount Description 100 -57 -5760 -156 2,890.00 1 CA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** LEASE PAYMENTS FOR LIGHTING R.STROPIT PROGRAM PO Liquidation Amount 100 -57 -5760 -156 2,890.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1736 LORI GRALL AP 111.492 06/03/99 675.00 Claim# General .Description 24527 CASE# VFLOO7258 DAVID GRALL PP #I P /E: 5/29/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 9VFL007258 06/01/99 675.00 0.00 675.00 GL Distri.huticn Gross Amount Description 100 -00 -2231 675.00 D GRALL #11 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA} Jun 08, 1999 09:34am Page 35 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 -----------------------------------------=---. _.._ °-------------- ____- __-____ ___ ----------------- -_-- ____ - - -- -- --- ---- ----- __ -_— - Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 691 MICHAEL S O'DAY & ASSOCIATES AP 111493 06/03/99 45.00 Claim# General Description 24489 PARKING CITATION ADJUDICATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4067 0 0 05/13/99 45.00 0.00 45.00 GL Distribution Gross Amount Description 100 -23 -5000 45.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998-1999 * * ** PARKING CITATION ADJUDICATION PO Liquidation Amount 100 -23 -5000 45.00 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3871 MOTOROLA COMMUNICA'T'IONS & ELECTRONICS AP 111494 06/03/99 207.48 Claim# General Description 24490 LABOR /MATERIALS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5001 0 W3677376 04/30/99 207.48 0.00 207.48 GL Distribution Gross Amount Description 130 -58 -5210 207.48 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1995 -1999 — EXTRA WORK OR GL Distribution -----------------------------------------------..._-.----------`-----------`----------------------------------------------------------- Vend# Vendor Name PARTS NOT COVERED BY GENERAL MAINTENANCE AGREEMENT FOR 2 -WAY RADIO Bank Check# Chk Date Check Amount Sep COMMT.SNICATION SYSTEM AT THE CITY YARD PO Liquidation Amount 06/03/99 121.38 1998 -1999 *— HARDWARE 130 -58 -5210 207.48 AND RELATED SUPPLIES --------------------------- --------------------------------------------------------------------------------------------------------- vend# Vendor Name PO Liquidation Bank Check# Chk Date Check Amount Sep 1129 MR. BILL'S 100 -64- 5210 AP 111495 06/03/99 6.02 Claim# General Description 24493 MISC SU22LIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99141 04/08/99 6.02 0.00 6.02 GL Distribution Gross Amount Description 99148 1DO -74 -5210 6.02 MISC SUPPLIES 12.93 GL Distribution -----------------------------------------------..._-.----------`-----------`----------------------------------------------------------- Vend# Vendor Name Gross Amount Description Bank Check# Chk Date Check Amount Sep 3712 MR. BILLS TRUE VALUE AP 111496 06/03/99 121.38 Claim# General Description 24491 MISC SUPPLIES PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4247 0 99131 03/31/99 97.29 0.00 97.29 99148 04/13/99 12.93 0.00 12.93 GL Distribution Gross Amount Description 100 -64 -5210 110.22 1 EA * * ** ANNUAL PURCHASF ORDER FOR FISCAL YEAR 1998 -1999 *— HARDWARE AND RELATED SUPPLIES PO Liquidation Amount 100 -64- 5210 110.22 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 36 Check History. Bank AP Check Dates Cc /00 /00 to 99/99/99 Check #'s 111378 to 111537 Claim# General Description 24492 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5003 0 99129 03/30/99 11.16 C.CO 11.16 GL Distribution 8,04 Gross Amount Description 8,566.70 DEFERRED COMP 411 121 -66 -5210 22.20 11.16 1 EA * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * ** SPECIALTY Hank Check# Chk Date Check Amount Sep 683 NICHOLS LUMBER 4 RARDWARE HARDWARE ITEMS 22.58 AP 111498 PO Liquidation 0.00 Amount 04/13/99 17.30 0.00 121 -66 -527.0 04/13/99 11' 16 4.40 103.23 04/13/99 -------------------------- -__-------------- Vend# Vendor Name 0.00 _-- ___---- _- ....._...-__ ----- - ----------"----------`-----`-----.._---------------------------- Bank Check# Chk Date Check Amount Sep 4342 NATIONWIDE RETIREMENT SOLUTIONS 8.25 0.00 AP 111497 06/03/99 8,566.70 Claim# General Description 24528 DEFERRED COMP PP #1 P /E: 5/29/99 PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 06/02/99 8,566.70 0.00 8,566.70 GL Distribution Gross Amount Description 8,04 0.00 100 -00 -2206 8,566.70 DEFERRED COMP 411 0.00 22.20 --------------------------- . -- __---- _----- Vend# Vendor Name ___ -_ -_. .-_--__--------------------------------°_--_-__----_-__--_-_------------------- 0.00 Hank Check# Chk Date Check Amount Sep 683 NICHOLS LUMBER 4 RARDWARE 0.00 22.58 AP 111498 06/03/99 1,247.41 Claim# General Description 24494 MISC.HARDWARE P0# Stat Contract# Invoice# 4855 0 49630.1 497257 497544 497610 497728 498158 498792 499034 499205 499206 499513 499813 500246 501149 501409 501423 501442 501552 502578 GI, Distribution 127- 68 -S21G PO Liquidation 127 -68 -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/01/99 192.58 0.00 192.58 04/05/99 45.35 0.00 45.35 04/06/99 8,04 0.00 8.04 04/07/99 22.20 0.00 22.20 04/07/99 18.84 0.00 18.84 04/09/99 22.58 0.00 22.58 04/12/99 38.28 0.00 38.28 04/13/99 17.30 0.00 17.30 04/13/99 103.23 4.40 103.23 04/13/99 203.37 0.00 203.37 04/14/99 7.55 0.00 7,55 04/15/99 8.25 0.00 8.25 04/16/99 32.36 0.00 32.36 04/20/99 6.67 0.00 6.67 04/21/99 83.41 0.00 83.41 04/21/99 13.51 0.00 %3151 04/21/99 152.52 0.00 152.52 04/21/99 29.44 0.00 29.44 04/26/99 28.97 0.00 28.97 Gross Amount Description 1,034,45 1 EACH * * ** ANTNUAL PURCHASE ORDER FOR FISCAL YEAR 1998- 1999 * * ** MATERIALS AND SMALL, TOOLS Amount 1,034.45 CCS.AP Accounts Payable Release 5.7.2 N *A2R700 By SANDRA A (SANDRA) Jtan 08, 1999 09 :34am Page 37 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 Claim# General Description 24495 MISC SUPPLIES PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4243 0 500938 04/20/99 8.64 0.00 8.64 Description 503583 04/29/99 93.65 0.00 93.65 GL Distribution 503612 Gross Amount Description. 0.00 35.07 114 -61 -5210 -093 102,29 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL, YEAR 1998 -1999 * * ** TOOLS, 114 -59 -5210 -093 1 EA ** MIXING CHARGE ** LUMHER AND SUPPLIES FOR FISCAL YEAR 1998 -1999 * * ** SPRAY PO Liquidation Amount MATERIALS PO I,iquidat.i on 114 -61- 5210 - 093 Amount 102.29 --- ------ _-------------- `---- °'-- -- ----`-- 114 -59 --5210 -093 Claim# General 'Description 24496 MISC HARDWARE PG# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5095 0 500772 04/19/99 10.59 0.00 10.59 Description 503607 04/29/99 32.56 0.00 32.56 BREAKDOWN: 30 YARDS PLASTER SAND, 503612 04/29/99 35.07 0.00 35.07 GL Distribution Gross Amount Description 127 --68 -5210 114 -59 -5210 -093 1 EA ** MIXING CHARGE ** 76.22 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SPRAY 1 SA ** DELIVERY CHARGE ** PAINT, ASPHALT COATINGS AND OTHER MISCELLANEOUS MATERIALS PO I,iquidat.i on Amount 1,931.72 ------ --____ --- ------ _-------------- `---- °'-- -- ----`-- 114 -59 --5210 -093 78.22 Claim# General Description 24497 MISC SUPPLIES 20# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5096 0 498206 04/09/99 32.45 O.no 32.45 GL Distribution. Gross Amount Description 114 -59- 5210 -093 32.45 1 EA * * ** ANNUAL PURCHASE ORDER FOR PISCAL YEAR 1998 -1999 * * ** MATERIALS AND SMALL TOOLS NEEDED FOR THE BUS SHELTER MAINTENANCE PROGRAM PO Liquidation Amount 114 -59 °5210 -093 32.45 Vend# Vendor Name dank Check# Chk Date Check Amount Sep 2803 O.F. WOLFINBARGER INC AP 111500* 06/03/99 1,931.72 Claim## General Description 24500 TOP SOIL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5026 C 00050955 04/30/99 1,931.72 0.00 1,931.72 CT, Distribution Gross Amount Description 127 -68 -5210 1,641.72 1 EA 50 YARDS TOP SOIL, 60/40 MIX (BLEND BREAKDOWN: 30 YARDS PLASTER SAND, 20 YARDS FOREST HUMiST {0 -1/4 FUR PARK), 150 POUNDS ALUMINUM NITRATE, 25 POUNDS IRON) 127 --68 -5210 100.00 1 EA ** MIXING CHARGE ** 127 -68 -5210 190.00 1 SA ** DELIVERY CHARGE ** PO Liquidation Amount 127 -68 -5210 ---------------------------------- ---------------- 1,931.72 ------ --____ --- ------ _-------------- `---- °'-- -- ----`-- --- -- --- ----------- ------ - - -- -` CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 38 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111.537 Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 3902 OCE -USA, INC. AP 111501 06/03/99 731.76 Claim# General Description 24498 LEASE COPIER P.D. /ENG Poll Stat Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Amount 4296 0 312941 03/01/99 488.20 0.00 488.20 GL Distribution Gross Amount Description 0.00 243.56 131 -14 -5760 -062 4eB.20 1 EA * * ** ANMUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** LEASE 67.55 AGREEMENT FOR TWO {2) OCE 3045 COPIERS {ONE FOR POLICE RECORDS, SERIAL 243.56 #E12210, AND ONE FOR ENGENEERING, SERIAL #12333. BOTH 0 $486.20 /MONTH} PO Liquidation Amount 131 -14- 5760 -062 488.20 Claim# General Description, 24499 LEASE COPIER COMM CENTER P,4T424 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4297 0 334944 05/04/99 243.56 67.55 0.00 243.56 GL Distribution Gross Amount Description 100 -72 -5210 -200 67.55 1 FA MISCELLANEOUS SUPPLIES FOR " " =31 -14- 5760 -062 243.56 1. EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** ?.,EASE AGREEMENT FOR COP18R AT COMMUNITY CENTER; 3045 OFFICE SYSTEMS COPIER - SERIAL #22466 AT $488.20 /MONTH PO Liquidation Amount 4409 PC CASTLE, INC. AND DAVID REYNOSO AP 111503 131 -14- 5760 -062 243.56 -------------------------- .----------------------------------------------------------------- Vend# Vendor Name .-------------------------------------------- Hank Check# Chk Date. Check Amount Sep 3234 PARTY CITY AP 111502 06/03/99 67,55 Claim# General Description, 24501 MISC SUPPLIES CINCO DE MAYO PO# Stat Contract# invoice# Invc Dt Gross Amount Tiscount Amt Discount Used Net Amount 4677 0 0 04/29/99 67.55 0.00 67.55 GL Distribution Gress Amount Description 100 -72 -5210 -200 67.55 1 FA MISCELLANEOUS SUPPLIES FOR TREE LIGHTING CEREMONY PO Liquidation Amount 100 -72- 5210 -200 67.55 ---------------------------- ..-__-_--------__---____-_--__--__-----__---------__________________________-___-_..__-----_-_-_---__----_- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4409 PC CASTLE, INC. AND DAVID REYNOSO AP 111503 06/03/99 786.71 Claim# General Description 24545 PC LOAN PO #Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/03/99 766.71 0.00 786.71 GL Distribution Gross Amount Description 100 -00- 7.125 786.71 PC LOAN ----------------------------------------°_-__-_°_--°_---------------------------------.._,.------------- ------- -- ---------- ------ - - - --- CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 06, 1999 09:34am Page 39 Check History. Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 -------------------------------------- Vend# Vendor Name dank Check# Chk Date Check Amount Sep 727 PETTY CASH AP 111504 06/03/99 381.10 Claim# General Description 24502 REPLBNTSH PETTY CASH P0# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/27/99 381.10 0.00 381.10 GL Distribution Gross Amount Description 05/01/99 1,483.20 0100 100 -72 -5210 4.70 D GONZALEZ 05/14/99 1,483.20 0.00 350- 00-2172 27.05 D GONZALEZ Gross Amount Description 100 -73 -5210 7.49 I GARCIA 4,449.60 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 100 -73 -5210 19.22 R NUNEZ SERVICES FOR THE METROLINK STATION 100- 72 -52 10 9.93 R NUNEZ Amount 100 - 245210 10.83 C WILSON 4,449.60 100 -24 -5210 13.51 D REYNOSO 100 -45 -5210 33.00 A HARBIN 100 -12 -5210 2.16 S SALCIDO 100 -12 -5330 14.53 S SALCIDO 100 -63 -5210 34.00 R GARCIA 100 -23 -5210 17.33 R HERNANDEZ 150 -00 -2172 19.45 M SALAS 120 -47 -5330 -031 23.69 G BISHOP 107 -54 -5210 24.33 W LEMM- HARRIS 131 -14 -5540 -064 43.29 D VILLELA 100 -53 -5330 6.00 A IDNANI 100 -74 -5210 8.65 B PLANTICO 102 -42 -5210 -013 5.07 S T14OMPSON 100 -12- 5330 56.67 S CAMP Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 728 PINKERTON AP 111505 06/03/99 4,449.60 Claim# General Description 24529 SECURITY SERVICE PO# Stat Contract# Invoice# Invc D.t Gross Amount Discount Amt Discount Used Net Amount 5121 O 76336 04/16/99 1,483.20 0.00 1,483.20 -89393 05/01/99 1,483.20 0100 1,483.20 98536 05/14/99 1,483.20 0.00 1,483.20 GL Distribution Gross Amount Description 117 -55 -5060 -053 4,449.60 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SECURITY SERVICES FOR THE METROLINK STATION PO Liquidation Amount 117 -55- 5000 -053 4,449.60 CCS,AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 40 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4201 PLAZA MOTEL AP 111506 06/03/99 100.00 Claim# General Description 24503 FEES -FOUR REFERRALS P3# Stat Contract# Invoice# Invo Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/24/99 100.00 0.00 160.00 GL Distribution Gross Amount Description 326.60 KIRKMAN 410 &11 120 -43- 5000 -085 100.00 PEES -4 REFERRALS ORDER FOR FISCAL YEAR 1998 -1999 * * ** SIDEWALK Bank Check# Chk Date Check Amount Sep Vend# Vendor Name CURB GUTTER, DRIVEWAY AND ACCESS RAMPS REPAIRS Bank Check# Chk Date Check Amount Sep 1055 RANCO CORP. CIP820 AP 111507 06/03/99 3,178.80 Claim# General Description 24530 LESS 10% RETENTION DUE PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4878 C 01165 05/19/99 3,178.80 0.00 3,178.80 GL Distribution Gross Amount Description 326.60 KIRKMAN 410 &11 114 -61- 5000 -093 2,689.86 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** SIDEWALK Bank Check# Chk Date Check Amount Sep 2256 ROYAL COACHES AUTO BODY CURB GUTTER, DRIVEWAY AND ACCESS RAMPS REPAIRS AT VARIOUS LOCATIONS, CIP820 114 -61 -5000 -093 288.94 1 EA ** CONTINGENCIES ** PO Liquidation Amount 114 -61 -5000 -093 3,178.80 ------------------------------------------------------------------------------------------------------ Vend# Vendor Name ------- Bank Check# --- --- ------ ----------- Chk Date Check Amount Sep 4406 RIVERSIDE CO DIST ATTORNEY AP 111508 06/03/99 326.00 Claim# General Description 24531 CASE #404477DA1 K KIRKMAN MEMBER #00569019 SS# 569 -75 -6537 PP #10 &11 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount K KIRKMAN 06/01/99 326.00 0,00 326,00 GL Distribution Gross Amount Description 100 -00 -2231 326.60 KIRKMAN 410 &11 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2256 ROYAL COACHES AUTO BODY AP 111509 06/63/99 55.00 Claim# General Description 24504 MISC AUTO BODY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4314 0 11600 05/06/99 55.00 0.ao 55.00 GL Distribution Gross Amount Description 130 -58 -5270 55.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1-999 * * ** COLLISION DAMAGE REPAIRS PO Liquidation Amount 130 -58- 5270 55.00 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) .Tun 08, 7.999 09:34am Page 41 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s :.7,1378 to 111537 Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 747 S.A. ASSOCIATES AP 111510 06/03/99 7,000.00 Claim# General Description 24532 CONST SURVEYING 1998 -99 ST IMPROV -ATHOL ST, FAIRGR,OVE ST, NUBIA ST PO# Stat Contract# Invoice# Tnvc Dt Gress Amount Discount Amt Discount Used Net Amount 4494 C 3 05/18/99 7,000.00 0.00 7,000.00 GL Distribution Gross Amount Description Gross Amount Description 118 -53- 5000-806 1,565.00 1 EA DESIGN OF ATHOL STREET (BESS- PRAZIER) 118 -53- 5000 -824 3,067.00 1 EA DESIGN OF FAIRGROVE STREET (SYRACUSX- ATHOL) 118 -53 -5000 -627 2,348,00 1 EA DESIGN OF NUBIA STREET (STEWART- MAUVE) PO Liquidation Amount 06/03/99 536.92 118 -53 -5000 -806 1,585.00 118- 53 -5C00 -824 3,067.00 118 -53- 5000 -827 2,348.00 --------- ----------------- ------- - - - - -- ---------- Vend# Vendor Name -------- --------- ----- - - - - - -- -°_---__---_-_-----....------------------------------- Bank Check# Chk Date Check Amount Sep 4185 SAN BERNARDINC CHILD SUPPORT AP 111511 06/03/99 50.00 Claim# Genera]. Description 24534 CASE #ODA014933 SS# 555044364 G FTERRO PP #11 - 5/29/99 PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -00 -2231 50.00 G F17ERRO PP #11 Vend# Vendor Name Bank. Check# Chk Data Check Amount Sep 749 SAN DIEGO ROTARY BROOM CO. AP 111512 06/03/99 536.92 Claim# General Description 24505 GUTTER BROOMS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4906 0 205678 05/28/99 536.92 0.00 536.92 GL Distribution Gross Amount Description 130 -58 -5210 536.92 1 EA * * ** =JAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** REPLACEMENT SWEEPER BROOMS FOR TWO (2) STREET SWEEPER PO Liquidation Amount 130 -58 °5210 536.92 ------- - - - --- ----------- - - °_ -- -----------__----------____------___.____---------------------------------_--_---------....___-----.--- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4401 SAN GABRIEL VALLEY HISPANIC CHAMBER OF COMMERCE AP 111513 06/03/99 75.00 Claim# General Description 24506 ANNUAL MEMBERSHIP PARTNERSHIP PO# Stat Contract# invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/20/99 75.00 0.00 75.00 GL Distribution Gross Amount Description 104 -41 -5240 75.00 ANNUAL MEMBERSHIP CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 42 Check History. Bank AP Check Dates 00 /00/00 to 99/99/99 Check #'s 111378 to 111537 ------------------------------------------------------------------------------- -- °_----- ____- _ -_ -_- -------------------------------- Vend# Vendor. Name Bank Check# Chk Date Check Amount Sep 770 SIGNAL MAINTENANCE AP 111514 06/03/99 4,350.11 Claim# General Description 24535 SIGNAL MAINT PO# Stat Contract# Invoice# Invc I)t Gross Amount Discount Amt Discount Used Net Amount 4286 0 69938 04/30/99 79.37 0.00 79.37 Description 69952 04/30/99 505.79 0.00 505.79 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name 6.9,764 04/30/99 1,327..56 0.00 1,321.58 69939 04/30/99 928.21 0.00 928.21 69645 04/30/99 1,515.16 0.00 1,515.16 GL Distribution Gross Amount Description 121. -56 -5000 2,834.95 1 EA * * ** ANNUAL PURCHASE ORDER x'012 PT -SCAL YEAR 1998 -1999 * * ** 7/1/98- 6/30/99; CITYWIDE TRAFFIC SIGNALS, STREF,T LIGHTS, ETC. 117 -56- 5000 -053 1,515.16 1 EA * * ** DISTRIBUTION OF COST * * ** MFTROLINR STATION ANT) PARK N RIDE PO Liquidation Amount 117 -56- 5000-053 1,515.16 121 -56 -5000 2,834.95 ------------------------------------------------------------- Vend# Vendor Name ------------------------------------------------------------------------- Bark Check# Chk Date Check Amount Sep 3974 SINCLAIR'S VINYL LETTERS & GRAPHICS AP 111515 06/03/99 333.29 Claim# General Description 24533 ERASE BOARD PO# Staff: Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5123 C 044 05/14/99 333.29 0.00 333.29 GL Distribution Gross Amount Description iD0 -57 -5210 333.29 1 EA 49 X 72 ERASE BOARD PO Liquidation Amount 100 -57 -5210 333.29 --------------------------------------------------------------------_--_-______________---___----------------------°__-__-._-_----_-- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4408 SO CALIFORNIA AQUATIC ASSOCIATION AP 11157.6 06/03/99 592.00 Claim# General Description 24541 REGISTRATION 4/1/99 - 9/1/99 PO## Stat Contract# Invoice# Invc Dt Gross Amount DSscouat Amt Discount Used Net Amount- 0 06/01/99 592.00 0.00 592.00 GL Distribution Gross Amount Description 150 -00 -2172 592.00 REGIST 4/1/99- 9/1/99 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check'# Chk Date Check Amount Sep 4408 SO CALIFORNIA AQUATIC ASSOCIATION AR 11151.7 06/03/99 40.00 Y Claim# General Description 24542 ANNUAL REGISTRATION FEE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 40.00 0.00 40.00 GL Distribution Gross Amount Description 150 -00 -2172 40.00 ANNUAL REGISTRATION FEE CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) .Tun 08, 1999 09:34am Page 44 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check##'s 117.378 to 111537 -- .-------------------------------------------------------------------------------------------------------------.._-._..------_--- Vend# Vendor Name - Bank Check# Chk Date C'xeck Amount Sep 1185 AIRGAS (SO -CAL AIRGAS} AP 111518 66/03/99 65.57 Claim# General Description 24507 14ELTUM TANK PO# Stat Contract'# Invoice# Invc Dt Gross Amcunt Discount Amt Discount Used Net Amount 4063 0 438788 05/04/99 65.57 0.00 65.57 GL Distribution Gross Amount Description 150 -00 -2172 65.57 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** FILL HELTUM TANK FOR SPECIAL EVENTS (* *NOT TO EXCEED TOTAL * *) PO Liquidation Amount 150 -00 -2172 65.57 ----------------------------------------------------- .-------------------------------------------------------------------------------- Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 783 "STAMP OUT" AP 111519 06/03/99 136.99 Claim# General Description 24508 DATE STAMPER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5143 C 99022341 05/17/99 136.99 0.00 136.99 GL Distribution Gross Amount Description 102 -42 -5210 136.99 3 EA SELF- INKING DATE STAMPER, "RECEIVED" w /DATE "BALDWIN PARK fIOUSING AUTHORITY" __-------- Bank Check# PO Liquidation Amount AP 111521 06/03/99 625.31 102 -42 -5210 136.99 - ----- ------ -- --- ---- - - - - -- --- -ww.._ _.-.-----------------------------------_----------__-----------_-------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 186 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT. AP 111520 06/03/99 11,683.39 Claim# General Description 24537 ST TAX DEPOSIT P /E: 5/29/99 PP##11 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/02/99 11,683.39 0.00 11,683.39 GL nistrihution Gross Amount Description 100 -06 -2221 11,683.39 ST TAX DEP PP911 -----------------------------------_-_______------------------------------------------------------------ Vend# Vendor. Name __-------- Bank Check# _____-- - - - - -- -. _ Chk Date Check Amount Sep 3900 STATE OF CALIFORNIA DEPT. OF TRANSPORTATION AP 111521 06/03/99 625.31 Claim# General Description 24536 SIGNAL /LIGHTING MAINT PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4287 0 149223 04/24/99 625.31 - 0.00 625.31 CL Distribution Gross Amount Description 121-56 -5400 625.31 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 - 1999 PARTICIPATING SHARES OF ELECTRICAL MAINTENANCE AND /OR OPERATION OF STATE HTG14WAY CONTROL AND SAFETY INSTALLATION PO Liquidation 121 -56 -5000 Amount 625.31 -----------------------------------------------° °__-------- __- ----------- ...- -- -------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A {SANDRA) Jun 08, 1999 09:34am Page 45 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 ------------------------------------------------ _------_-_-°_-___-_------_-__------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2450 TRANSAMERICA ASSURANCE COMPANY AP 111522 06/03/99 91.20 Claim# General Description 24538 JUNE PREMIUM PP# 9&10 EMPLOYFR 406779000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 05/26/99 91.20 0.00 91.20 GL Distribution Gross Amount Description 100 -00 -2303 91.20 JUNE PREM PP #9 &10 LADDER ..---------------------------------------------------------------------------------------------------------------------------- vend# vendor Name Amount Bank Check# Chk Date Check Amount Sep 814 TROPHY WORLD 350.00 AP 111523 06/03/99 29.77 Claim# General Description 24510 AWARD OF MERIT PLAQUE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 14087 05/05/99 29.77 0.00 29.77 GL Distribution Gross Amount Description 100 -81 -5330 29.77 PLAQUE ------------------------------------------------- .---_--__------_-------__---------------------------------------------------------- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4310 U.S, SAFFTY & SUPPLY COMPANY AP 111524 06/03/99 378.88 Claim# General Description 24511 LADDER Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5031 C 110273 - 04/29/99 378.88 0.00 376.68 GL Distribution Gross Amount Description 114 -59- 5210 -093 378.88 1 EA LS-- FC1008 A-FRAME EXTENSION LADDER PO Liquidation Amount 114 -59 -5210 -093 350.00 -----°- -- - ___-'_"- __-- -'--- - -` - --- ----------------'---------..__-_------------------------------------------------- vend# Vendor Name -.-------------------- Bank Check# Chk Date Check Amount Sep 1563 (WASTE MANAGEMENT-PORTABLE SERVICES) AP 111525 06/03/99 158.45 Claim# General Description 24512 PORTALETS- SOFTBALL FIELDS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4336 0 1529 - 0022304 05/01/99 158.45 4.00 158.45 GL Distribution Gross Amount Description 150 -00 -2154 156.45 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** POR'T.'AI,6TS AT SOFTBALL FIELDS PO Liquidation Amount 150 -00 -2154 158.45 CCS.AP Accounts Payable Release 5.7.2 N *APR7DC By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 46 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 111378 to 111537 --------------------------------------------------------------------------'------------____.....__--------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1216 WORLD WIDE AQUATICS AP 111526 06/03/99 267.83 Claim# General Description 2451.3 SWIW 'SEAM SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5066 C 560256 05/03/99 267.83 0.00 267.93 GL Distribution Gross Amount Description 150 -00 --2172 95.15 12 EA PULL B6 PT.L BLOCKS lsa -0a -2172 63.36 12 EA PULL E7 PULL BLOCKS 150 -00 -2172 109.32 12 EA SPEEDO BAND PADT ES PO Liquidation, Amount 150 -00 -2172 293.70 ------------------------------------ ..__..____-------------------------------------._--_-_---_-....__------__..__.-.___..______..__...._--------- Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 1282 AUTHORIZED SERVICE SYSTEM AP 111526* 06/07/99 1,267..11 Claim# General Description 24559 SIGNATURE PLATES PO# Stat Contract# Invoice# 5061 C 3987 GL Distribution 131 -13 -5260 131 -13 -5260 PO Liquidation 131 -13 -5260 Claim# General Description 24560 SIGNATURE PLATE Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04/28/99 633.26 0.00 633.26 Gross Amount Description 433.26 2 EA SIGNATURE PLATES FOR M Y CHECKSIGNPR 200.00 1 EA SADDLES Amount 633.26 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4954 C 3975 04/14/99 306.51 0.00 308.51 GL Distribution Gross Amount Description 131-13 -5210 308.51 1 EA NEW SIGNATURE PLATE FOR CHECK SIGNER PO Liquidation Amount 131 -13- -5210 308.61 Claim# General Description 24561 SIGNATURE PLATE PO# Scat Cont.ra.ct# Invoice# In-,,c Dt Gross Amount Discount Amt Discount Used Net Amount 5088 C 3975 04/14/99 319.34 0.00 319.34 GL Distribution Gross Amount Description 131 --13 -5260 124.34 1 EA SECOND PLATE FOR P0#4954 (SIGNATURE PLATE) 131 -13 -5260 .".95100 1 EA INK UNIT PO Liquidation Amount 7.31- 13 -52fiG 319.34 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) gun 08, 1999 09!34am Page 47 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111378 to 111537 ---------------------------------------- -------------- °__------- - - -__- ----- _------------------------------------------------------- Vend# Vendor Name Barak Check# Chk Date Check Amount Sep 2768 BELTRAN LEAL & MEDINA AP 111529 06/07/99 26,216.02 Claim# General Description 24562 PROFESSIONAL SRV RENDERED THRU 4/30/99 ?LNG COMM- $1092. GEN- $8512.80 PERSONNEL- $2052. ACUNA -$879. NOT,AZCO- $1224.60 SANTANA- $10993.62 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/13/99 24,754.02 0100 24,754,02 GL Distribution Gross Amount Description 100 -04 -5000 24,754.02 PROFESS SRV THRU 4/30/99 Claim# General Description 24563 PROFESSIONAL SRV RENDERED THRU 3/31/99 PLNG COMM PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 04/21/99 1,464.00 0.00 1,464.00 GL Distribution Gross Amount Description 100 -04 -5000 - 1,464.00 PROFESS SRV THRU 3/31/99 PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** CHILD CARE -------_-..-----------------------------------------____-_-------------------------------------°_°_--__-_--°__----------------------- Vend# Vendor Name SUBSIDY PROGRAM Bank Check# Chk Date Check Amount Sep 1217 CASE AP 111530 06/07/99 3,349.00 Claim## General Description 24564 CHILD CARE SUBSIDY MAY 1999 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4703 C 0 06/07/99 3,349.00 0,00 3,349.00 GL Distribution Gross Amount Descri.pti.on 120 -43 -5000 -085 3,349.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1998 -1999 * * ** CHILD CARE SUBSIDY PROGRAM PO Liquidation Amount 2.20 -43 -5000 -085 3,349.00 --------------------------------- ----- ---------- Vend# Vendor Name ----- --- - - - - - -- --- --- ------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 344 EXPRESS TEL AP 111531 06/07/99 848.33 Claim## General Description 24555 LONG DISTANCE PRONE USE APRIL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4407 0 683635 05/01/99 848.33 0.00 848.33 GL Distribution. Gross Amount Description 131 -14 -5430 -064 848.33 1 EA * * ** ANNUAL PURCHAS& ORDER FOR FISCAL YEAR 1998 -1999 * * ** LONG DISTANCE TELEPHONE USAGE PO Liquidation Amount 131 -14- 5430 -064 848.33 - ---------------°__-----'-----_-----__ ____----- _--------- °_- _-- - -_--- ---------.._.._--'------------------- -------- ----- --------------- --- CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 06, 1999 G9:34am Page 48 Check History. Bank AP Check Dates 00/00/00 tc 99/99/99 Check #'s 111378 to 111537 ----------------------------------- ...,._,...--------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 649 MONTY'S ELECTRIC AP 111532 06/07/99 807.00 Claim# General. Description 24568 ELECTRICAL REPAIRS PQ# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4181. 0 2050 05/03/99 220.06 0.00 220.00 Description 2051 05/08/99 195.00 0.00 195.00 2054 05/12/99 214.00 0.00 214.00 2056 05/3.8/99 178.00 0.00 178.00 GL Distribution Gross Amount Description 131 -13 -5724 2,728.57 100-57 °50G0 484.20 1 EA * * ** ANNUAL PURCR SE ORDER FOR FISCAL YEAR 1998 -1999 * * ** ELECTRICAL Hank Check# SERVICES AND PARTS 127 -57 -5000 06/07/99 4,275.00 322.80 1 EA * * ** DISTRIBUTION OF COST * * ** PO Liquidation Amount 100 -57 -5600 484.20 127 -57 -5000 322.60 ----------------- .---------------------------------------------- Vend# Vendor Name .----------------------------`----`------'------------------------------- Sank Check# Chk Date Check Amount Sep 4012 PC CASTLE. INC. AP 111.533 06/07/99 2,728.57 Claim# General Description 24569 INTELL PENTIUM III PO# Stat Contract# Invoice# Invo Dt Gross Amount Discount Amt Discount Used Net Amount 5159 C 2518 06/02/99 2,728.57 0.00 2,728.57 GL Distribution Gross Amount Description 131 -13 -5724 2,728.57 4 EA PIII 450MBZ MMX, 128MB, PC100 SDRAM, SX/MB, 1.44 FLOPPY, INTEL PENTIUM III 450 MAZ CPU w /FAN, AGP VIDEQ CARD, ATX TOWER, PS2 KEYBOARD, MS MOUSE, 44X CD -ROM DRIVE PO Liquidation Amount 131 -13 -5724 2,728.57 ----------------------------------------------------------------------------°_---_-_-__--------------------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 1051 PYRO SPECTACULARS, AP 111534 06/07/99 4,275.00 Claim# General. Description 24570 BALANCE DUE -4TH OF JULY FIREWORKS SHOW PO#) Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/27/99 4,275.00 0.00 4,275.00 GL Distribution Gross Amount Description 100 -72 -5000 4,275.00 BAL- FIREWORKS SHOW CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) Jun 08, 1999 09:34am Page 49 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 111376 to 111537 -------- __ °------- ------- ------- °,___-. ._____________________________..-------_---------.-________________-----------_._______....._---- Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 3517 SAN GABRIEL VALLEY WATER DISTRICT AP 111535 06/07/99 364.44 Claim# General. Description 24571 COST ^O LOWER WATER SRV /CLEAR SIDEWALK CONST RELATED TO CDPG SIDEWALK, CIP 813 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99 -511 05/31/99 364.44 0.00 364.44 GL Distribution Gross Amount Description 120 -53- 5020 -813 364.44 LOWER WTR SRV /C'LEAR SIDEWALK PURCHASE: ORDER FOR FISCAL YEAR 1998 -1999 * * ** PART I: -------------------------------- .---------------------------------------------------------------------------------------------------- Vend# Vendor Name 154 396,010.6'7 GOPHER ABATEMENT Bank Check# Chk Date Check Amount Sep 3932 TERMINIX INTERNATIONAL 0.00 1 $A * *'** ANNUAL, AP 111536 06/07/99 160.00 Claim# General. Description 24572 APRIL CHG- BARNES PK PO4 Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 4344 0 2064-09A5 05/04/99 160.00 0.00 0.00 160.00 GL Distribution Gross Amount Description 127 -68- 5000 160.00 1 EA * * ** ANNUAL PURCHASE: ORDER FOR FISCAL YEAR 1998 -1999 * * ** PART I: Paid Cheeks: Check Count Check Total 154 396,010.6'7 GOPHER ABATEMENT AT BARNES PARK ($160 /MONTH) 127 -68 -5040 0.00 1 $A * *'** ANNUAL, PURCILASB ORDER FOR FISCAL YEAR 1998 -1999 * * ** PART II.: Backup Withholding Total 0.00 GOPHER ABATEMENT AT ROADSIDE PARK ($170 /MONTH) PO Liquidation Amount 111527 127 -68 -5000 160.00 ----------------------------------------------------------------------------------°----------------------------____----------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 821 U.S. POST OFFICE AP 111537 06/07/99 8,500.00 Cl.a.im# General Description 24573 REPLENISH POSTAGE METER PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount G 05/17/99 8,500.00 0.00 8,500.00 CL Distribution Gross Amount Description 131 -74- 5230-061 8,500.00 REPLENISH POSTAGE METER Paid Cheeks: Check Count Check Total 154 396,010.6'7 Blank pages purposely omitted, 3 , 6 ,15 , 31, 43 Non-- issued 111419 111469 "VOID" checks, PO Liquidation Total 132,740.44 111485 Backup Withholding Total 0.00 111499 111527 Void Checks: Check Count 0 Check Total 0.00 PO Liquidation Total 0100 Backup Withholding Total 0100 CCS.AP Accounts Payable Release 5.7.2 N *APR700 By SANDRA A (SANDRA) CITY C0JNCIL AGENDA CITY OF BALDWIN PARK TREASURER'S REPORT JUN 16 1999 May 1999 ITEM NO. I _ ESTIMATED INVESTMENT INTERESTPURCHASE MATURITY PAR CURRENT (PREMIUM)/ BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCfPAL DISCOUNT VALUE VALUE Investment in SBA 11.5 01/26/84 06/13113 $ 99,763.82 $ 2,209.00$ - $ 2,209.00 $ 21209.00 Federal National 5.48 07109/98 07/09/99 1,540,00000 1,539,762.84 237.16 1,540,0017.00 1,540,616.00 Mortgage Association Ahern Assessment District 8.50 03/02/89 09/02/08 52,433.22 22,488.30 - 22,488.30 22,488..30 Improvement Bond Certificates of Deposit First Credit Bank 5.75 07/02/98 07!08!99 99,000.00 99,000.00 99,000.00 99,000.00 State of California Local Agency Investment Fund City 5.13 Varies Varies 4,960,770.68 4,960,770.68 4,960,770.68 4,960,770.68 Redevelopment Agency 5.13 Varies Varies 4,594,192.61 4,594,192.61 4,594,192.61 4,594,192.61 Housing Authority 5.13 Varies Varies 1,393,704.87 1,393,704.87 1,393,704.87 1,393,704.87 Deferred Compensation Plan Mutual Funds (12/31197) 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 3,907,141.11 3,907,141.11 3,907,141.11 3,907,141.11 $ 19,627,457.28_ _ - -- _19,499,720.38, 237._16 $ 19,500,573.54____ Total Investments 19,499,957.54 Cash City General Checking 351,287,65 City Miscellaneous Cash 225,343.93 Redevelopment Agency 77,426.05 Housing Authority 127,862.15 Financing Authority 800,82674 Total Cash 1,582,746.52 Total Cash and Investments $ _....21,082_,704:06__ 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 May, 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 3.49 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: --- ....._ -- HqN-J CA J- 5 HATHA Ay Senior Accountant - - - -- -- - -- ................ Fi ce Director ,..,..___..... ........... . ..... -. — - -... - ............... -, -- BAMW N P - AA ,K TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK City Council James B. Hathaway, Interim Director of Public Works June 16, 1999 CITY COUN(A AUMA JUN 16 1999 ''iEt AWARD OF CONTRACT FOR GUARD SERVICES AT THE METROLINK STATION This report requests that the City Council award a contract to Pinkerton Security and Investigation Services to provide guard services at the Metrolink Station. BACKGROUND Since its opening, the City of Baldwin Park has provided guard services at the Metrolink Station through a contract with Pinkerton Security and Investigation services. In response to Pinkerton's request to raise their hourly rate, staff issued a request for proposals to determine whether we were getting the best services for the price. DISCUSSION Staff received three proposals in response to the Request for Proposals (RFP) to provide security services at the Metrolink Station. These three proposals were evaluated to determine their responsiveness to the RFP, their experience with such studies and their ability to meet the needs of the City. The three firms that submitted proposals were Advanced Protective Services, Pinkerton Security and Investigation Services, and Wells Fargo Guard Services. Each proposal was evaluated by a representative from the Public Works Department and the Police Department. The final rankings of the firms along with their proposed annual cost is included below. All proposals were ranked prior to a review of their costs. Firm Total Score Annual Cost Pinkerton 59 $42,448.80 Advanced Protective Services 50 $49,479.68 Wells Fargo 36 $51,364.50 Reviewed by: Award of Contract For Guard Services at the Metrolink Station June 2, 1999 Page 2 Pinkerton Security was the highest rated firm. They have several years of experience providing guard services for local jurisdictions and businesses Staff was particularly impressed with their training programs and their daily work and reporting procedures. The cost of the guard services per year will be $42,448.80. FISCAL IMPACT The guard services will be funded through Proposition A transportation funds. The appropriate amounts will be budgeted for Fiscal Year 1999 -2000. RECOMMENDATION It is recommended that the City Council award the contract to Pinkerton Security and Investigation Services in the amount of $42,448.80 per year for three years to provide guard services for the Metrolink Station and, authorize the Mayor to execute the attached agreement. r.. r• r r r r y r r r Kara Bouton, Transit Coordinator 06/07/89 07:40 FAX 6269622625 BALDWIN PARK,.. Z02 AGREEMENT THIS AGREEMENT is made and entered into this ��day of _LAe by and between the City of Baldwin Park, ( "City "), and Pi on's Inc. ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant shall perform all services reasonably necessary and required in order to complete the Project set forth in its proposal, which is attached hereto, marked Attachment "A ", and incorporated herein by this reference. 2. INC. C FOR PERFORMANCE. Consultant shalt perform the services above described within _768 working days (three years). Time is of the essence in the performance of this contract. All services to be performed by Consultant shall be timely and performed in accordance with a detailed project schedule which shall be submitted by Consultant and approved by the City prior to commencement of any work by Consultant_ 3_ COMPENSATION. Consultant shall be compensated for the services rendered hereunder in accordance with the schedule attached hereto, marked Attachment "B" and incorporated herein by this reference_ Consultant's compensation shall not exceed $ 42,500 per year . 4. $ TATUS OF CONSULTANT. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent consultant. Consultant shall provide all necessary personnel, equipment, and material, at its sole expense, in order to perform the services required of its pursuant to this Agreement_ 5_ COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the laws and regulations of all governmental agencies. Consultant shall be responsible for 1 96/97/99 07:40 FAX 6269622625 BALDWIN PARK,.. Z03 becoming aware of and staying abreast of all such laws, and ensuring that all services Provided hereunder conform with such laws, When applicable, Consultant shall not pay less than prevailing wage, and Consultant shall obtain the prevailing wage rates from the Director of Industrial Relations of the State of California directly, or through the City. 6. LIABILITY. Consultant shall indemnify, defend, and hold harmless City, its officials, officers, agents and employees against any and all actions, claims, damages, liabilities, losses, or expenses of whatsoever kind, name or nature, including legal costs and attomeys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, agents, or employees that may be asserted or claimed by any person, firm, or entity to the extent caused by Consultant's negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, any negligent acts or omissions of Consultant, its agents, employees, subcontractors or invitees. 7_ INSURANCE. Contractors shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury, and independent consultant's liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits of $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles, with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or 0 06/07/99 07:40 FAX 6269622625 BALDWIN PARK,.. 1� 04 (3) Combined single limits of $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,0oo,000 or such other amount as may be approved in writing by the City. (D) Workers Compensation Insurance that complies with the minimum statutory requirements of the State of California_ (E) Prior to commencement of services hereunder, Consultant shall provide City with a Certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) the City, and its officials, officers, agents and employees are named as additional insured (additional insureds will be covered by Consultant's insurance policy with coverage corresponding to Consultant's indemnity obligations in Section 6 of this agreement); (2) the coverage provided shall be primary as respects to City. its officials, officers, agents or employees; moreover, any insurance or self - insurance maintained by City or its officials, .officers, agents or employees shall be in excess of consultant's insurance and not contributed with it. (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. 8. 2LNE8SHIPOE DOCUMENTS_ All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. 9, NQ110ES. Notices pursuant to this Agreement shall be given by personal service upon the person to be notified, or upon deposit of the same in the custody of the U.S. Postal Service, postage prepared, addressed as follows; 3 06/07/99 07:40 FAX 6269622625 BALDWIN PARK... [a 05 (A) City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: City Manager (B) Consultant 10_ ENFORCEMENT. in the event any party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its court costs and reasonable attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written_ CITY OF BALDW! ARIL By: � �- CONSULTANT , Mayor i al , BALDWIN P -A� kt K TO: 111101 ih to DATE: CITY OF BALDWIN PARK City Council QTY COUNCIL AGENDA JUN 16 1999 STAFF RMWM Elff James B. Hathaway, Interim Director of Public Works June 16, 1999 SUBJECT: AGREEMENT FOR INSTALLATION OF FIBER OPTIC CONDUITS BY GST TELECOM CALIFORNIA, INC. A DELAWARE CORPORATION WITHIN THE RIGHTS -OF -WAY IN THE CITY OF BALDWIN PARK PURPOSE This report requests that the City Council approve the attached Agreement between the City of Baldwin Park and GST Telecom which sets forth the terms and conditions under which the City authorizes the construction, maintenance and operation of fiber optic conduits along Los Angeles Street at GST Telecom's sole cost and expense. BACKGROUND AND DISCUSSION GST Telecom California, Inc. A Delaware Corporation, is a Delaware based telephone communications corporation that is proposing to install fiber optic conduits from the City of Los Angeles to the City of Ontario. This company is proposing to install fiber optic conduits along Los Angeles Street from the westerly City limit to the easterly City limit within the City of Baldwin Park. The City attorney has reviewed the attached Agreement between the City of Baldwin Park and GST Telecom which sets forth the terms and conditions under which the City authorizes the construction, maintenance and operation of fiber optic conduits along Los Angeles Street in the City by GST Telecom at GST Telecom sole cost and expense. GST Telecom had reviewed and signed this Agreement and has agreed to all the terms and conditions. GST Telecom will be required to obtain a Public Works Encroachment Permit every year at a cost of $3,000 per year which allows the operation and maintenance of fiber optic conduits by GST Telecom within the public rights -of -way. FISCAL IMPACT GST will required to obtain encroachment permit every year which could generate revenue up to $3,000 per year. Reviewed by: Installation of Fiber Optic by GST Telecom June 16, 1999 Page 2 RECOMMENDATION It is recommended that the City Council approve and authorize the Mayor to execute the attached Agreement. REPORT PREPARED BY Arjan Idnani, Engineering Manager J BFUAIIvv c Iw p docslsf affrp t5s t ofrpf slsff4 -21. a it AGREEMENT FOR INSTALLATION OF TELECOMMUNICATIONS FACILITIES THIS AGREEMENT is made and entered into this day of _ -Mtm 1999, by and between CITY OF BALDWIN PARK, a California general law city ( "City") and GST Telecom California, Inc. ( "GST "), a telephone corporation pursuant to California statutory law. In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and GST agree as follows: -RECITALS A. GST is a "telephone corporation" under the California Public Utilities Code and, as such, may construct its telecommunications lines, facilities and equipment ( "Facilities ") along and upon any public road or highway within the State in such a manner as not to inconvenience the public use of the road or highway. GST seeks to install, connect, operate and maintain its Facilities within or upon certain streets, highways and rights -of -way located in the City in accordance with Public Utilities Code Section 7901. B. The City is authorized by Public Utilities Code Section 7901.1 to exercise reasonable control as to the time, place and manner in which its rights of way are accessed. C. The City desires to set forth in agreement form the terms and conditions under which it authorizes the construction, maintenance and operation of Facilities in the City at GST's sole cost and expense. NOW, THEREFORE, the City and GST agree to the terms and conditions of the construction, maintenance and operation of the herein - described Facilities in the rights -of -way within the City of Baldwin Park as follows: I 1. APPROVED PLANS - The Facilities shall be constructed substantially in conformance with those plans and specifications dated July 1998 , for the construction of the Facilities installed by GST. City acknowledges that it has reviewed said plans and specifications, and has given its comments, changes and requirements to GST and that said comments, changes and requirements have been adequately incorporated into the final plans and specifications. No change, modification, expansion or relocation of the Facilities shall be authorized or requested by GST without prior approval of City, which shall not be unreasonably withheld. 2. ENCROACHMENT PERMIT - Prior to commencement of construction, GST shall apply to City for authorization to proceed with construction and agrees to pay the City's encroachment permit fee. Any permit fee imposed by City shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes pursuant to California Government Code Section 50030. Prior to commencement of construction, GST shall submit for City's approval a construction schedule for the portion of the project involving excavation of the City's streets. City's approval of the construction schedule shall not be unreasonably withheld. City shall promptly issue authorization to GST to construct the Facilities in accordance with the construction schedule and the plans and specifications dated July 1998 , as previously submitted by GST. 3. INSPECTION - GST shall provide a full -time inspector to monitor the construction work and pay all costs associated therewith. Provided GST maintains a full -time inspector, a City inspector will not be required for the construction of the Facilities, except where deemed necessary by City to ensure the public safety or ensure diligent prosecution of the work. 4. RESTORATION OF RIGHT OF WAY - When construction of the Facilities is V, completed, GST shall return the streets and any parkways and private property disturbed during construction in as good of condition as before the excavation and restore the streets to their former state of usefulness at DST's sole cost and expense pursuant to the terms of the encroachment permit issued by the City regarding construction of the Facilities. City shall have final approval of all restoration and reserves the right to amend requirements for restoration should the work exceed the original scope of work presented to City during the plan check. City's approval of any restoration shall not be unreasonably conditioned or withheld. 5. NOTICE TO RESIDENTS -Not less than ten (10) or more than twenty (20) days prior to commencing excavation, GST shall cause notice to be given to each resident adjacent to the route of the Facilities by mail or hand delivery, specifying the dates of construction and any required access to private property and other information concerning the construction activities which will affect such residents. GST shall submit said notice to City for approval of content prior to delivery. City shall review the notice and respond to GST within two (2) business days of submission by GST, otherwise the notice will be deemed approved (business days are Monday through Friday, except holidays). City's approval shall not be unreasonably conditioned or withheld. In addition, GST will give a second notice forty -eight (48) hours in advance of construction along each segment of construction with specific dates for that segment. Notwithstanding the giving of notice provided herein, GST will cause all reasonable measures to be taken to minimize the inconvenience to residents along the route of construction during the construction period. Construction activities shall not commence before 7;00 a.m. and shall not continue beyond 7:00 p.m. 6. BONDS - GST shall require its contractor to provide a performance bond and a payment bond guaranteeing the completion of the work and the payment of subcontractors and materialmen prior to commencing any work. The performance and payment bonds shall be for 3 an amount not less than the bid amount and shall be trom a surety licensed to do business in California. 7, CHANGE ORDERS AND COMPLETION OF WORK - GST agrees that the work shall be prosecuted regularly, diligently and uninterruptedly 'at such rate of progress as will insure full completion thereof within the time specified between GST and the City. In the event GST needs to reasonably extend the time necessary to complete the work, such extension shall be pre - approved by City, which approval shall not be unreasonably delayed or withheld. Failure to complete the work within the time allowed, including any approved extensions, will result in inconveniences sustained by City and its general populace. Damages resulting therefrom are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the allotted time, without an approved extension by City, GST shall pay to City the sum of $100. Execution of this contract shall constitute agreement by GST and City that $100 per day is the reasonable minimum value of costs and actual damage caused by failure to complete the work within the allotted time, and that such sum is liquidated damages and shall not be construed as a penalty. 8. TRAFFIC CONTROL - GST shall take adequate precautions for the protection of the traveling public. Barricades, flashing amber lights, arrow boards and warning signs, together with flagmen where necessary, shall be placed and maintained in accordance with the State of California Traffic Manual until the Facilities are constructed and the street is safe for the use of the traveling public. 9. INDEMNITY - GST shall be charged for all costs of repair or replacement of City facilities which are damaged or removed by GST in connection with the original construction of the Facilities or in connection with the use, operation, maintenance or repair of the Facilities. 4 GST agrees to indemnify, defend and save the City and its officials and personnel harmless from and against any and all actions, suits, claims, damages, costs, penalties, liabilities or losses, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, arising out of or in connection with performance of the construction, use, operation, repair and maintenance of its Facilities under this Agreement, and the encroachment permit(s) issued pursuant hereto, except to the extent such actions, suits, claims, damages, costs, penalties, liabilities or losses are caused by the City, its officials, personnel, agents or contractors. If, during construction, City observes unsafe conditions, GST shall be notified to correct the unsafe conditions within a reasonable period of time. If GST fails to act within such time, City may take appropriate actions to correct the conditions, and all costs associated with such work shall be reimbursed to City by GST. 10. RELOCATION - Subject to applicable laws, in the event the future improvement or vacation of the right -of -way in which the Facilities are located necessitates the relocation of the Facilities for a proper governmental purpose, GST shall cause the relocation to be performed at its sole cost and expense. With respect to projects involving other City facilities constructed in or along the right -of -way, the City shall cause such projects to be designed to the extent possible to avoid interference with CST's Facilities. Where avoidance of a conflict is not feasible or substantially increases the cost of the City project, GST will relocate its Facilities, at its sole cost, or pay the incremental increased construction costs to align the City project in a manner which will avoid the conflict with GST Facilities, whichever is less. The City shall cause any relocation or realignment to be designed in a competitively neutral manner, which minimizes the cost to GST. In the event of a dispute, the City and GST may agree to select a mutually acceptable qualified independent civil engineer to review the plans and determine whether the conflict between the City project and GST's Facilities is unavoidable, and whether the City 19 project has been designed to minimize CST's costs under the preceding paragraph. The cost of the independent engineer will be borne equally by City and GST. The decision of the independent engineer shall be admissible as evidence in any future proceeding but shall not prevent either party from resolving their dispute before a court or regulatory agency having jurisdiction over the dispute. In the event relocation of the Facilities is necessary, the City shall serve upon GST a written demand specifying the place of relocation and specifying a reasonable time within which the work of relocation shall be commenced. GST shall commence the relocation work within the time specified in the demand and thereafter shall diligently prosecute the same to completion. If the relocation of GST's Facilities is made necessary by a person or entity other than City, the relocation shall be done at the sole expense of the person or entity requesting the relocation, and shall be done in such a way to preserve the usefulness and safety of GST's Facilities. 11. TERM OF AGREEMENT AND ABANDONMENT OF FACILITIES - This Agreement shall remain in effect for as long as GST's Facilities are in place. This Agreement shall terminate only upon removal of such Facilities. Until GST's Facilities are removed, all obligations of GST with respect to the costs of relocation shall continue in effect, whether or not its Facilities are still in use. 12. AS -BUILT DRAWINGS - Upon completion of construction and acceptance of the Facilities by GST, GST shall provide City with a complete set of as -built photo Mylar drawings for its Facilities as they are located in or along the City's right -of -way. 13. REPAIR AND MAINTENANCE - GST shall be solely responsible for the repair and Al maintenance of its Facilities so long as they remain within or along the City's rights -of -way. GST shall pay all expenses associated with the repair of its Facilities and obtain appropriate permits except where the repairs are made necessary by the actions of the City, its employees, agents or contractors, in which case the City shall reimburse GST for the costs and expenses of such repairs. 14. INSURANCE - GST shall maintain insurance coverage in accordance with the following during the course of its performance under this Agreement. A. Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent contractors' liability) with the following minimum limits of liability: 1. Personal or Bodily Injury - $1,000,000, single limit, per occurrence; and 2. Property Damage - $1,000,000, single limit, per occurrence; or 3. Combined single limits of $2,000,000. B. Comprehensive Automobile Liability Insurance including, as applicable, owned, hired and non -owned automobiles, with the following minimum limits of liability: 1. Personal or Bodily Injury - $1,000,000, single limit, per occurrence; and 2. Property Damage - $1,000,000, single limit, per occurrence; or 3. Combined single limits of $2,000,000. C. Workers' compensation insurance with a minimum limit of $500,000 or the amount required by law, whichever is greater. D. Statutory insurance requirements of the State of California, if applicable to GST, and if greater than the amounts listed above. 7 E. Prior to commencement of work under this Agreement, GST shall provide City with a Certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: The City, and its officials, officers, agents and employees named as additional insureds; 2. The coverage provided shall be primary as respect to City, its officials, officers, agents or employees; moreover, any insurance or self - insurance maintained by City or its officials, officers, agents or employees shall be in excess of GST's insurance and not contributed with it; 3. The insurer shall provide at least thirty (30) days' prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. 15. ATTORNEYS' FEES - If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 16. NOTICES -All notices required to be delivered pursuant to this Agreement or under applicable law to either party shall be personally delivered, sent by certified United States mail, or delivered by a reputable document delivery service. Notices personally delivered or delivered by document delivery service shall be effective upon receipt. Notices delivered by U.S. mail shall be effective at 8:00 a.m. on the third business day following mailing. Notices to be delivered to the City shall be addressed as follows: E City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Director of Public Works With a copy to: David J. Olivas, Esq. Beltran Leal & Medina 221 N. Figueroa Street, Suite 1000 Los Angeles, CA 90012 Notices to be delivered to GST shall be addressed to the following individuals: GST Telecom, Inc. Director of Legal Administration 4001 Main Street Vancouver, WA 98663 With a copy to: GST Telecom California, Inc. Regional Vice President, Operations 521 W. Rialto Avenue Rialto, CA 92376 Direct Line: (909) 419 -8888 Facsimile: (909) 419 -8890 Pager: (888) 360 -0380 GST emergency contact: Network Control Center: (800) 622 -4478. Changes in the addresses to which notices are to be sent may be made by giving notice to the other party in accordance with this section. �' 17. INTERPRETATION - The terms of this Agreement shall be interpreted in accordance with the laws of the State of California and shall be interpreted as though each party had an equal part in drafting the language herein. 18. INTEGRATION - It is understood and intended that this Agreement, along with the plans and specifications dated July 1998, represent the entire agreement between the parties and that this Agreement supersedes and cancels any and all other prior negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be 9 used to interpret this Agreement. This Agreement may be amended only by an instrument in writing signed by both parties' authorized representatives. 19. SEVERABILiTY - Each portion of this Agreement shall be severable from the whole, and if any provision is determined to be invalid or illegal, the remainder of this Agreement shall continue to be in full force and effect 20. AUTHORITY - Each person executing this Agreement on behalf of one of the parties represents that he /she has been duly authorized to do so by the governing body of such party, that the party is duly organized and existing, and that by executing this Agreement the party is legally bound by the terms hereof. 21. COUNTERPARTS - This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 22. SUCCESSORS AND ASSIGNS - This Agreement shall be binding upon the successors and assigns of the parties. The parties agree that this Agreement is not intended to benefit any third parties, either expressly or impliedly, and is intended for the sole benefit and obligation of the parties hereto, including their respective successors and assigns. No assignment of this Agreement shall be valid without the written consent of the other party, provided such consent shall not be unreasonably conditioned or withheld, and further, provided, that no consent shall be required for any assignment made to any subsidiary, parent or affiliate. [Intentionally left blank—Signature Page follows) 10 IN WITNESS WHEROF, the parties hereto have caused this Agreement to be duly executed as of the date first signed by the authorized representatives of each party. ATTEST: 1.r1:1M.OM" l Jo"514A � W-0 1, APPROVED AS TO FORM: CITY ATTORP4tY ATTEST: LEGAL COUNSEL CITY OF BALDWIN PARK MAYOR Print: MANUF, L® 7ANC Date: �SIwe 10 Print: PAV13> T D 10 BIAS GST TELECOM ALIFORNIA, INC. Prey ent Ad-"CEO Print: Michael R. Moore Print: Joseph A. Basile, Jr. Date: 11 11 � BALDWIN TO. FROM: DATE; SUBJECT: PURPOSE CITY OF BALDWIN PARK CITY COUNCIL AC NDP JUN 16 1999 "LjVA1- fel & *! 1V f- City Council James B. Hathaway, Interim Director of Public Works iy�r June 16, 1999 AWARD OF CONTRACT FOR THE CONSTRUCTION OF 1998 -1999 ISTEA STREETS, CIP 801 This report requests that the City Council award a construction contract to All American Asphalt Corporation for the construction of 1998 -1999 ISTEA Streets, CIP 801. BACKGROUND The construction of this project includes reconstruction/overlay of five (5) streets (see Attachment A). Construction includes reconstructionloverlay of streets, repair of failure street sections, installation of curb and gutter, sidewalk, access ramps and striping. DISCUSSION In accordance with the provisions of the Government Code, the Notice of Inviting Bids was published and bids were opened and declared publicly on June 1, 1999. Three bids were received. A summary of these bids is attached for Councils review (see Attachment B). All American Asphalt Corporation is the lowest responsible bidder and has performed satisfactorily on similar projects in various other municipalities including the City of Norco, Moreno Valley and'County of Los Angeles. This project is a part of the Capital Improvement Program for FY1998 -1999. Adequate Gas Tax and Federal Funds have been set a side for the construction phase for this project. The Engineer's estimate for this project is $400,000 and bid price submitted by All American Asphalt Corporation is $320,66376. FISCAL IMPACT This project will be funded by a combination of Federal Funds ($282,183.00) and Gas Tax Funds ($70,546.00). Reviewed by: Award of Contract for the Construction of 1998 -1999 ISTEA Streets, CIP 801 June 16, 1999 Page 2 RECOMMENDATION It is recommended that City Council: 1. Award the contract for the construction of 1998 -1999 ISTEA Streets to All American Asphalt Corporation; 2. Authorize the Mayor to execute the attached Agreement; and 3. Authorize the Engineering Manager to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. Arjan Idnani, Engineering Manager !I1.3'.1 /,1IVon c% wpdocslsfaffrpllstafrpfs\slf6 -i 6 a ATTACHMENT "A" ADDRESS LIMIT Maine Avenue McDevitt Street to Pacific Avenue Maine Avenue Earl Avenue to Poster Avenue Maine Avenue Durness Street to Merced Avenue Vineland Avenue Durness Street to Merced Avenue Foster Avenue Sparland Street to Baldwin Park Boulevard Elton Street Nubia Street to Live Oak Street cl wpdocs lstaffrp6stafrpts\stf6 -46. ai I ;J 1 WV] i i ! Project: 1998 -1999 Street Renovation Project, CIP 801 Date: June 1, 1999 Time: 11:00AM NAME OF CONTRACTOR/BIDDER 1. All American Asphalt Corp. 2, Mohassley Engineer, Inc. 3. Gentry Brothers, Inc. c. lwpdccs lstaffrptlstaftpts%s =.f6 -9 6.a€ ATTACHMENT "B" TOTAL BID AMOUNT $320,663.76 $370,473.55 $372,893.25 LOCATION MAP CiP 801 XXI. 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 ALL AMERICAN ASPHALT CORPORATION (hereafter "Contractor "). WITNESSETH: 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 801, 1998.1999 ISTEA Street Renovation 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. Work. 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 (b) Contractor shall submit to City in writing, ten (10) days in advance, a quotation of the 34 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 JULY 5, 1999 . The term may be extended by mutual agreement of the parties hereto, expressed in a written amendment to this Agreement. SECTION 6. Coml2ensation. 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. Warranty. 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 8. 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. Severability. 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. Contractor 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. 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 35 shall not be deemed satisfied solely by Contractor's compliance with this Section 11. At all times during the term or any extended terra 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 oer 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. Compliance 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 its 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 36 SECTION 17. Effec ivg Dats. The effective date of this Agreement shall be 1999. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. DATED: &—r7-qq , 1999 City: City of Baldwin uric ayor y By: . Contractor ice � ,(e5 cbeta -- SECTION 18. Davis -Bacon Act and Appendix A.& B. This project is Federally funded and all applicable measures under the Davis -Bacon Act, Appendix A & B will be enforced. I 37 RESOLUTION NO. 89-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL YEAR COMMENCICt'G JULY 1, 1989 AND ENDING JUNE 30, 2000 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 1989 and ending June 30, 2000, is hereby adopted as prepared and submitted by the Executive Team and as modified by the City Council for said fiscal year. A copy of said Budget is attached to this Resolution and is incorporated herein by reference as though fully set forth. SECTION 2. That from the effoctivje date of said Budget the several amounts stated therein as proposed expenditures shall be and bec6me appropriated to the several departments, offices, and agencies of the City for the respective objects and purposes therein set forth subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred to a different account for the same general object or purpose within the same department or activity upon recommendation of the department head and the Director of Finance and approval of the Executive Team. SECTION 5. That all requisitions, purchase,-orders, fund transfers, interdepartmental orders or other encumbrances upon any account or appropriate object of any department shall be clearly recorded against the amount available both as to the number of items and total amount thereof, and so the full number of articles set forth enumerated in the Budget or subsequent appropriation can be purchased or acquired out of the amount appropriated therefor. SECTION 6. That for the purpose of the Budget, the total amount provided as salaries is considered the appropriated item for all salaries except where separate accounts as shown; the amount of each account shall be considered a separate appropriated item. SECTION 7. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 16t` day of June, 1899. MANUEL LO O, MAYOR Resolution No. 99-47 Page 2 ATTEST: KATHRYN V. T166ARENO, CITY CLEPW 0--1 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 Council of the City of Baldwin Park at its regular meeting of the City Council on June 16, 1999, by the following vote: AYES: COUNCII.ME"ERS PAGRECO, GAIR, MAYOR PRO —TER VAN CL ZANO NOES: NONE ABSENT: DONE ABSTAIN: NONE d' KATHRYN V. IZCAREN0, CITY CLERK 9 i d V 0 d} V 3 N d =,ice v CC 14er, P? -A c 0 4 0 (D v- �pc7 c w ♦ L z a� a :Y) 5 E .0 ■rrrr� ti � a m N �Qp La Al w ' _ E • • ,i C 0 E L IL 0 x P, J 1 k r p Go T- e�r V� Q 4 y� pi-� V a W Vi N O O S ■i � V� 3 as CL o x c VJ > 0 L. O t U U r, �U 4i �w ..l U ON � © v cp 7; Qn r r� L�J L L L /J ,i t p �w W w� + �4) 0 Vi W O E O x N Go O R Z. � CW) A lu � \ to � � � ,qt I � . � 0) � . � � � � \ V @ .. �w 2 ■ .. 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U) a� U U) o C 00 (a N U M .ii CL C C r .Eh C LLI � :� EU C E CL N d' o N U i� w- M 0 co U ,@7 0 i M w #} � ?.. � *: �] k /0 $o kC' \ ± W 00 \ 2 k� a)\ /0) §® I 70 4T o f T"� u 0 �2 % �_ L"---- 0 It @ ® ? ol 2 R q CO ~ 7 � � k k k 9 / 0 � § 2 _ § / ® § \ ■ 15 Co �7 e S-' $ $ $ a r' f k / /: % k �k k $ 7� k \ k m § < L U E& I O± e! j■ ■ O O ■ ■ ■ m ■ $� k� a)\ /0) §® I 70 4T o f T"� u 0 �2 % �_ L"---- 0 It @ ® ? ol 2 R q CO ~ 7 � � k k k 9 E. i 0 �J r, 6m N C cu C3 U) ~ e x N fA y R Qi L' 8 9qp � �i C W � o V M .J C4 V !73 \ x e� f- �' n 4 s.� m CL Q% J i< 2� C C` *� � \ ©- .� d +: ^ ¥< <� y �.... 4 � w< � � � � 6R� � ■ � m � e § ® § % \ o CL .CL f� 5 ■ . . ■ � O O ■ ■ ■ �. O ■ ■ l � Nt c C 0 I X C) CD � e co 40, @ co u � L � � � : � m B C) � $ ul $ E � � vvm � \ � C*4 LO C 0 L cm 41). W W, 00 D � a- I MA,,, 9 V ' A ' K ' K TO: FROM: DATE: CITY OF BALD WIN PARK CITY CO NGI ` GENDA JUG x`°6:..1999 LiH : title Honorable Mayor and City Councilmembers /Agency Board of Directors Steve A. Cervantes, Community Development Director June 16, 1999 SUBJECT: Disposition and Development Agreement (DDA) with Thomas Safran & Associates and Section 33433 Report - Continued from June 2, 1999 ti : s �T+Tai The purpose of this report is to outline the terms and conditions recommended in the proposed Disposition and Development Agreement (DDA) with Thomas Safran & Associates for the Development of a 71 unit Senior Citizen and Family Housing Complex on a 2.76 acre site outside of a designated Redevelopment Project Area. This staff report includes the Summary Report in compliance with Section 33433 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. Seq.). The proposed 2.76 acre site is located on the southwest corner of Ramona Boulevard and Corak Street. On January 21, 1998, the Agency Board of Directors approved the Exclusive Negotiation Agreement (ENA) with Thomas Safran & Associates for the negotiation of a 71 unit multi - family housing development on the Ramona Boulevard and Corak Avenue property. The original period outlined in the ENA period and extensions have expired while we have been making "good faith" efforts working on the proposed Disposition and Development Agreement. The Developer has revised his initial proposal of an all - family housing development due to a reaction of neighboring residents to the proposed development. The revised plans have been submitted to the Planning Commission, which they approved. The Developer has completed the Phase I environmental studies. The Planning Commission completed the Public Hearing on May 12, 1999 and recommended that the City Council adopt the Mitigated Negative Declaration and approve Specific Plan SP 99 -1 and Development Plan DR -11 to allow the construction of a 71 unit Honorable Mayor and City Councilmembers /Agency Board of Directors DDA with Thomas Safran & Associates /Section 33433 Report June 16, 1999 Page 2 the revised proposal to the Planning Commission. If the City Council and Agency Board of Directors approve this Agreement the Developer will apply to the Los Angeles County Community Development Commission for the City of Industry housing funds, and will apply for state and federal tax credits to reduce the Agency's loan amount. DISCUSSION Since January 1998, the Developer has worked diligently, in designing and trying to reach consensus of all concerned. Due to local residents concerns on Corak Street he has made significant density reductions, reduced the design from a three story to a two story development, addressed concerns regarding traffic and provided a community building to house a library and computer facilities for the children on Corak Street. He has further agreed to provide sidewalks, street trees, solve the drainage problem, and construct a new block wall over the center of the drainage easement for the residents on Corak Street. In addition, he has further proposed providing security gates for the alley way access off Athol and Francisquito Avenues. These neighborhood improvements should be a three party agreement with the property owners agreeing to water and maintain the improved parkways; and accept responsibility for on -going maintenance and operation of the alley way security gate system. This is typically how a gated condominium development works - an individual or a company would periodically change the codes to maintain security. Likewise, deposits are required for remote control devices. The Developer The Developer, Thomas Safran & Associates, has been in the affordable housing development business over 20 years and owns and manages thousands of affordable housing units of this type, in the Los Angeles area. He develops and manages quality affordable housing. Currently we don't have any comparable quality affordable housing of this type in the city. Unfortunately, we do have a lot of bad examples of apartment complexes. Replacement Housing Plan The City of Baldwin park is required by HUD to replace 15 one - bedroom units due to the elimination of those units with the Morgan Park expansion. In addition, the Baldwin Park Redevelopment Agency is required to replace approximately 250 bedrooms due to demolition of existing housing in several redevelopment projects including the Sierra Center development, We have an additional 71 units to replace due to the AutoNation USA development. The units must be replaced on a bedroom by bedroom basis - and according to type of family income type (i.e. low - income, moderate- income, or market rate- Honorable Mayor and City Councilmembers /Agency Board of Directors DDA with Thomas Safran & Assodates /Section 33433 Report ,June 16, 1999 Page 3 USA development. The units must be replaced on a bedroom by bedroom basis - and according to type of family income type (i.e. low- income, moderate - income, or market rate - income). In 1993 the Agency adopted a Five Year Implementation Plan - outlining how we would replace the previous units demolished and a proposal for replacing additional units proposed for demolition. Between 1993 to 1997 we replaced two units. Over the past two years we have made an assertive effort at catching up on our replacement requirements. Typically, replacing very low - income housing is the most costly of all types of replacement housing. Very low income is defined as persons or families having an income less than fifty percent (50 %) of median income. Many of our senior citizens are on fixed incomes collecting between $300 to $700 per month. The market rent for a one bedroom is between $550 to $650 per month. As you can see without some type of rental assistance many of our senior citizens could not afford adequate housing. The Hud Section 8 program is changing which will seriously affect many seniors on fixed incomes. Their primary focus will be on very very low - income individuals having an income of less than 30% of median. This type of senior and family housing will allow the city to provide a balance for many working families and seniors on fixed incomes. Developer Purchase of Land. The Developer must acquire title to three parcels. As an additional requirement we are providing a five -year period to obtain Los Angeles County (City of Industry Housing Set - aside) and state and federal tax credits to reduce the Agency's Loan. The 9% tax credits are allocated on an annual lottery basis, which is the best financing and provides more affordable housing rents. Agency Loan to Developer. Upon approval of DDA, and Escrow closing, the Agency will fund a long -term loan to Developer in the amount of $1.7 million. The $1.7 million represents the $1,325,000 plus escrow closing costs for the three parcels, $245,000 for the Agency's parcel and $200,000 for partial costs related to the neighborhood improvements of street trees, sidewalks, driveway approaches, street lighting, the street drainage undergrounding, the construction of a new block wall over the drainage easement center, and alley -way security gates. The loan will be secured with a Note and a First Deed of Trust recorded on the subject property. The Deed of Trust will be subject and sudordinate to a Deed of Trust securing a capital advance in favor of Los Angeles County funding and state and federal tax credit funding. Upon securing the additional funding, within a maximum of a 5 year periood, Developer will repay the Agency to reduce the Note and Deed of Trust. Honorable Mayor and City Councilmembers /Agency Board of Directors DDA with Thomas Safran & Associates /Section 33433 Report June 16, 1999 Rage 4 Senior Citizen complex as described in Attachment #4 Scope of Development. The Developer is required to obtain all required building, planning approvals and permits and pay various related fees. SUMMARY 33433 REPORT Attached is the required Summary Report pertaining to the Disposition and Development Agreement by and between the Baldwin Park Redevelopment Agency and Thomas Safran and Associates. The Summary Report describes: 1. The cost of the Agreement to the Agency,, including land acquisition cost, to be provided by the Agency, plus the expected long -term loan described in the Agreement; 2. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted under the plan; 3. The estimated value of the interest to be conveyed, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The sales price along with an explanation if the sales price is less than the fair market value. 4. An explanation of why the sale of the property will assist in the elimination of "blight" FISCAL IMPACT This project will require no direct city assistance from the General Revenue Fund, The Agency will provide the financial assistance described below. Land Acquisition on Three Parcels $1,325,000 Land Acquisition on Agency's Parcel 145,000 Demolition and Escrow Closing Costs 30,000 Proposed Neighborhood Impovements 200.000 Proposed Loan to Developer $1,7000,000 The proposed loan is provided at a simple interest rate of 3 %. Typically, if this $1.7 million were collecting interest, it would represent approximately 5.5% interest rate per year. Therefore, the 2.5% interest loss would represent a land write -down cost of $42,500/year. Honorable Mayor and City Councilmembers /Agency Board of Directors DDA with Thomas Safran & Associates /Section 33433 Report June 16, 1999 Wage 5 On the other hand, these housing set -aside funds are specifically allocated for the production of affordable housing units and not for investment purposes. Typically, the production of low - income housing can cost as much as $75,000 per unit. PUBLIC HEARING A Public Notice of a Public Hearing on the Disposition and Development Agreement for the proposed Agreement was published in the San Gabriel Valley Tribune. To date neither Agency nor City has received any notices for or against the proposed project. 1 N A 91 a 1 i r ll r 10 i• 11T. � r[ DWI i• 1 Staff and our Agency Counsel have reviewed the DDA and supplementary documentation. This project will provide a unique opportunity to leverage the Agency's limited resources with additional Los Angeles County, state and federal tax credit funding. This project will allow the Developer and Agency to signficiantly upgrade the entire Corak neighborhood as well as accomplish related Agency housing and redevelopment goals. Staff recommends approval of the 33433 Summary Report and the proposed Disposition and Development Agreement with Thomas Safran & Associates. If the Agency Boad of Directors and City Council concur with staff's recommendation, the appropriate motion would be as follows: Approve Resolution No. 344 "A Resolution of the Redevelopment Agency of the City of Baldwin Park Approving a Disposition and Development Agreement of and between the Redevelopment Agency of the City of Baldwin Park and Thomas Safran & Associates pertaining to the Disposition and Development of the Real Property located outside of the Redevelopment Project Area(s), and making Findings therefore as required by Health and Safety Code California Redevelopment Law Section 33433. " ATTACHMENTS,- #1 Summary 33433 Report #2 Disposition and Development Agreement #3 Resolution of Approval ATTACHMENT ##1 SUMMARY 33433 REPORT SUMMARY REPORT PERTAINING TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE BALDWIN PARK REDEVELOPMENT AGENCY ( "AGENCY ") AND THOMAS SAFRAN & ASSOCIATES ( "DEVELOPER ") This report has been prepared in compliance with Section 33433 of the California Community Redevelopment Law (Health and Safety Code Section 3300 et seq.) which provides in part: "Before any Site of the agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, such sale or lease shall first be approved by the legislative body by resolution after public hearing. Notice of the time and place of the hearing shall be published in the newspaper of general circulation in the community. The agency shall make available for public inspection and copying at a cost not to exceed the cost of duplication: a. A copy of the proposed sale or lease; b. A summary which describes and specifies: 1. The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements; 2. The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the plan; 3. The estimated value of the interest to be conveyed or ,leased, determined at the use and with the condition, covenants, and development costs required by the sale or lease. The purchase price or sum of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the difference; and 4. An explanation of why the sale or lease of the property will assist in the elimination of blight." a- isaf33433 1 A. PROPOSED AGREEMENT A copy of the proposed Disposition and Development Agreement (hereinafter the "Agreement ") with Thomas Safran & Associates is attached for public review. The Agreement sets forth the terms that will govern the sale and development of the property to be sold to the Developer. B. SUMMARY OF THE AGREEMENT The proposed Agreement between the Agency and the Developer concerns the sale and development of certain real property generally located on the southeast corner of Ramona Boulevard (on the north) and Francisquito (on the east) and Corak Street (on the west) and single family residences on the south. 1. The Site The site consists of three contiguous parcels and a portion of a public alley totaling approximately 120,245 square feet (2.76 acres). 2. Required Developer Improvements The disposition of the Site is conditioned upon the Developer agreeing to construct a 71 unit Senior Citizen and Family Housing Development. Preliminary development plans are available for review in the offices of the Redevelopment Agency. 3. Governmental Permits The Agreement requires the Developer to secure all necessary entitlements, permits and approvals from the City of Baldwin Park to development the proposed housing complex and to secure the Agency's approval of all development plans prior to the commencement of construction. 4. Developer Purchase Price Conditions to Close The Agreement provides that the Agency will provide the initial loan to the developer for land acquisition, escrow costs and demolition costs on the two parcels representing $1,355,000 to the Developer for developer to close escrow on the two parcels. The Agency's loan will be secured with a Note and First Deed of Trust recorded on the subject property. Once the Developer has secured additional Los Angeles County Housing funds and/or state and federal tax credit financing, the Agency will convey the Agency owned parcel identified as 13043 Francisquito Avenue. This land will be recorded as an Agency Loan for $145,000 secured with a Note and Deed of Trust recorded on the subject property. When Developer has completed the a 1saf33433 2 Agreement with Corak Street residents for proposed improvements including street trees, additional street lighting, driveway approaches, sidewalk improvements, underground street drainage improvements and alley way gate improvements, the Agency will provide an additional loan of $200,000 for partial costs on improvements. This additional loan will be secured with a Note and Deed of Trust recorded on the entire three parcels. The Deeds of Trust will be subject and subordinate to a Deed of Trust securing a capital advance in favor of Additional County, state and/or federal tax credit funding. Upon securing the Los Angeles County, state and /or federal tax credit funds, which is expected within a 5 year period, developer will pay the Agency amount received to reduce the Agency Loan amount on the Note and Deed of Trust. The Agency Loan amount will be provided for a 40 -year term with a simple interest rate of three percent (3 %). The Agency loan will be subordinate to loan necessary to senior lenders. The Agency Loan will be disbursed upon approval of the Disposition and Development Agreement, 5. Schedule of Performance The Agreement contains a Schedule of Performance, which establishes the timeframes for the performance of the Agency's obligations and the Developer's of the site. This schedule of events is subject to revision by the Agency and the Developer. 6. Restrictions on Transfer of the Site and Agreement The Agreement prohibits the Developer from transferring or conveying the Agreement, the Site or buildings and structures on the Site without the approval of the Agency. 7. Use Restrictions The Agreement requires, following construction of the Site, that the Developer shall continue the use of the Senior Citizen and Family Housing. C. FINANCIAL SUMMARY The cost of the Agreement to the Agency consists of property acquisition, demolition cost, and land loan and interest expenses as set forth below: 1. Property Acquisition, Demolition Costs The cost of acquiring and assembling the Site includes the cost of acquiring the land and improvements of the three parcels, the demolition cost, vacation of the alley. a5W39433 3 2. Demolition and Site Preparation The Agreement requires the Developer to absorb the cost of demolishing the remaining site improvement, undergrounding the utilities and rough grading of the Site; and, related neighborhood improvements of sidewalks on Corak Street, with the Agency providing a partial loan of $20,000. 3. Long Term Loan and Interest Expense The Agreement provides a long -term loan of $1,700,000 (or the reduced amount pending County, state and federal funding) to Developer pending the advancement of additional land acquisition funding. This Agency Loan of Agency Housing Set -aside funds is an allowable cost for the promotion of low and moderate- income housing. D. VALUE OF INTEREST TO BE CONVEYED The highest and best use permitted on this site is the residential multifamily density as proposed in this Agreement. Currently the land is zoned for R -3 permitting Office and Light Industrial, C -2 for Retail Stores, Service Station and Mini Market, and R -1 for Single Family Residential. The Developer has prepared a Specific Plan that will allow for a zone change and the proposed development. The overall proposed loan to the' developer represents an average price of $14.14 /square foot or a subsidy of $23,944 per unit. This loan is provided at a simple interest of 3% over a 40 -year period. The reduced loan interest represents the subsidy provided to promote affordable family and senior citizen housing for a minimum of 50 years. Recent appraisals for a large redevelopment project identified typical land values at approximately $10 per square foot. The overall land write down of lower interest rate on the Agency loan of $1,700,000 to the developer are less than comparable transactions to promote affordable housing in Southern California, especially since this is a loan and the loan will be repaid and will very likely be reduced with the infusion of additional subsidies. Therefore, the negotiated purchase price for the Site, based on the sales prices of comparable sites, is at not less than the fair market value for this type of housing development. E. ELIMINATION OF BLIGHT The proposed disposition will allow the consolidation of the properties and will result in a use that meets the requirements of the Municipal Code, the Zoning Code and the General Plan. The elimination of blighting conditions, the creation of new affordable. housing aASaM3433 4 opportunities are consistent with goals of the various redevelopment plans and Redevelopment and Housing Implementation Plan. Summary Statement This Summary Report has been prepared in compliance with California Health and Safety Code Section 33433. A photocopy of this Report may be obtained from the Agency and City. aAW33A33 5 ATTACHMENT #2 DISPOSITION AND DEVELOPMENT AGREEMENT TO BE DELIVERED TO YOUR HOME ON FRIDAY, MAY 28� 1999 BY ALVAREZ- GLASMAN & COLVIN ATTACHMENT #3 RESOLUTION OF APPROVAL RESOLUTION NO. 99 -45 A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND THOMAS SAFRAN & ASSOCIATES, PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED OUTSIDE OF DESIGNATED REDEVELOPMENT PROJECT AREAS AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the City of Baldwin Park (the "City ") is a municipal corporation and general law City organized under the laws of the State of California and the Baldwin Park Redevelopment Agency (the "Agency„) is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous joint action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the Implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation of structures and providing subsidies to, or for the benefit of, persons and families of low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Act "), the Agency and the Developer desires to redevelop certain parcels of land outside of the designated Redevelopment Project Areas, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Site ;" and WHEREAS, the Agency proposes to enter into a Disposition and Development Agreement (the "Agreement") with Thomas Safran & Associates., in substantially the form as attached hereto, concerning the real property generally located on the southwest corner of Ramona Boulevard and Corak Street in the City (the "Property„); and WHEREAS, a notice of a public hearing of the Agency concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park as follows; RESOLUTION NO, 99 -45 PAGE 2 SECTION 1, The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL. SECTION 2. The Agreement is consistent with the Agency's adopted AB12901SB732 Implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be sold at current fair market value with the provision of an Agency Loan. SECTION 4. Although the Agreement calls for the expenditure of Agency Housing Fund monies outside of a Redevelopment Project Area, the Agency Board finds that this Agreement and the loan of Agency Housing Fund monies will benefit the City's Redevelopment Project Areas and City of Baldwin Park's Housing Element of the General Plan for the following reasons: a) The housing units to be provided by the Agreement will replace low - and- moderate income housing units that were or will be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Health and Safety Code §33413; C) The Agreement will provide low - and - moderate income housing adjacent to the West Ramona Redevelopment Project Area and, therefore, will benefit that Project Area; and d) The Project will provide job opportunities for residents of the Project Areas and within the City of Baldwin Park. SECTION 5. The Agreement, a copy of which is on file with the Agency Secretary; is hereby approved. SECTION 6. The City Council consents to the Agency's authorization and direction to the Agency Executive Director to take such actions and execute such documents as may be necessary to implement and effect the Agreement on behalf of the Agency. Agency staff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 2nd day of June, 1999. MANUEL LOZANO, MAYOR ATTEST: Kathryn Tizcareno, City Clerk RESOLUTION NO. 99 -45 PAGE 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARIS ) 1, Kathryn Tizcareno, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 99 -45 was duly adopted by the City Council and signed by the Mayor of said City at the regular meeting held on the 2nd day of June, 1999, and that the same was passed by the following vote thereof: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this 2nd day of June, 1999. Kathryn Tizcareno City Clerk RESOLUTION NO. 344 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND THOMAS SAFRAN & ASSOCIATES, PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED OUTSIDE OF DESIGNATED REDEVELOPMENT PROJECT AREAS AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the Implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation of structures and providing subsidies to, or for the benefit of, persons and families of low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Act "), the Agency and the Developer desires to redevelop certain parcels of land outside of the designated Redevelopment Project Areas, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Site;" and WHEREAS, the Agency proposes to enter into a Disposition and Development Agreement (the "Agreement ") with Thomas Safran & Associates., in substantially the form as attached hereto, concerning the real property generally located on the southwest corner of Ramona Boulevard and Corak Street in the City (the "Property "); and WHEREAS, a notice of a public hearing of the Agency concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Redevelopment Agency as follows: RESOLUTION NO. 344 PAGE 2 SECTION 1. The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL.. SECTION 2. The Agreement is consistent with the Agency's adopted AB12901SB732 Implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be sold at current fair market value with the provision of an Agency Loan. SECTION 4. Although the Agreement calls for the expenditure of Agency Housing Fund monies outside of a Redevelopment Project Area, the Agency Board finds that this Agreement and the loan of Agency Housing Fund monies will benefit the City's Redevelopment Project Areas for the following reasons: a) The housing units to be provided by the Agreement will replace low- and-moderate income housing units that were or will be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Health and Safety. Code §33413; C) The Agreement will provide low - and - moderate income housing adjacent to the West Ramona Redevelopment Project Area and, therefore, will benefit that Project Area; and d) The Project will provide job opportunities for residents of the Project Areas, SECTION 5. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. SECTION 6. The Agency Board consents to the Agency's authorization and direction to the Agency Executive Director to take such actions and execute such documents as may be necessary to implement and effect the Agreement on behalf of the Agency. Agency staff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 2nd day of June, 1999. MANUEL LOZANO, CHAIRMAN ATTEST: James Hathaway, Agency Secretary RESOLUTION NO. 344 PAGE 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) 1, James Hathaway, Secretary of the Baldwin Park Redevelopment Agency, do hereby certify that the foregoing Resolution NO. 344 was duly and regularly approved and adopted by the Redevelopment Agency at a regular meeting as provided by law of the Baldwin Park Redevelopment Agency held on the 2nd day of June, 1999, by the following vote thereof: AYES: Members NOES: Members ABSTAIN: Members ABSENT: Members IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Agency on this 2nd day of June, 1999, James Hathaway, Secretary Baldwin Park Redevelopment Agency ADDITIONAL ATTACHMENTS FOR YOUR INFORMATION Cz 2nd DRAFT DEAL POINT MEMO: A. LAND. l . 4 parcels in total a. 3 parcels in escrow to TSA 2 owned by Chiu 1 owned by Ho b. 1 parcel owned by Agency 2. Intention is for Agency to hold its parcel & grant an option or some control mechanism to TSA to enable TSA to claim full site control for loan applications, etc. 3. Agency will transfer its parcel to TSA when all financing is in place, concurrent with closing of construction loan. 4. Agency will, upon execution of the DDA, immediately cause to be purchased the 3 parcels in A. La. above. Total purchase price is $1,325,000 + closing costs. TSA will purchase the land with money loaned by the Agency. TSA will be given up to 5 years to assemble the necessary financing & commence construction after which time if the financing has not been assembled, the land will be quit claimed back to the Agency. The loan is non - recourse to the Developer whose earlier deposits, escrow payments and pre - development work will constitute the good faith deposit necessary to cause the Developer to expeditiously continue to seek funding for the project or otherwise lose this "deposit" if the land is quit claimed back to the Agency. No further liability will exist on either Agency's or TSA's part (except for willful negligence). B. GOOD FAITH DEPOSIT. 1. TSA has spent approximately $500,000 on land and land related costs incl. Architecture & Engineering. 2. No further good faith deposit will be made. Pull deposit will be lost if the tax credits and other financing mechanisms are not secured by the Developer within the defined time period. C. LOAN AMOUNT / RESPONSIBILITIES OF THE PARTIES 1. Loan Amount. Agency's loan will total $1,550,000 plus the cost of street improvements on Corak up to $200,000. TSA is responsible for costs beyond this total. Agency may also award some Section 8 certificates (if available) to the development. 2. TSA's Responsibili1y. TSA will make best efforts to reduce the Agency's loan amount by as much as possible by seeking to maximize conventional debt and equity and by actively seeking other sources of financing such as City of Industry funds and an Affordable Housing Program loan (AHP) from the Federal Home Loan Bank. 3. Security. a. At the time of purchase, Agency will take a First Trust Deed and quit claim deed on the 3 parcels currently in escrow. b. TSA wishes to have a right of first refusal on the purchase of the three parcels as well as on Agency's parcel in the event that the quit claim is about to be triggered. Purchase price would be the same as that paid for the parcels pursuant to the DDA. C. Agency will subordinate its position to construction, permanent and other lenders and will retain rights to Notice and Cure in event of Developer default. D. PARTNERSHIP 1. General Partners are intended to be Thomas L. Safran, LLC and David A. Ferguson, LLC and Housing Corporation of America 501( c ) 3. 2. Limited Partners will include Edison Capital or such other Tax Credit investor or other limited partners as may be from time to time proposed by the Developer and approved by the Agency. 3. General Partners to have recourse liability during construction only. E. MANAGEMENT 1. TSA Inc. to manage development. 2. TSA Inc. permitted to sub contract certain services. 3. Some special programs may require fees to be paid to operate. Tax Credit program and other funding sources prioritize these services. F. LIQUIDATED DAMAGES (p35 &36) "Deposit" by developer is already in place and must be defined as an exhibit to the DDA. This deposit is refundable to Developer by Agency in event of Agency default. Under certain circumstances $50,000 may be "withheld" by Agency as liquidated damages. G. RE -ENTRY BY AGENCY (p37) Okay if developer fails to achieve certain milestones set down in schedule (attachment 46). NOTE: ADDITIONAL DEAL POINTS MAY BE ADDED AFTER FINAL REVIEW OF DOCUMENTS INCLUDING GRANT DEED, PROMISSORY NOTE, ETC. F7b.1dwin/dd.mm J W .>, 0_ .t1 LLl C © 0 ...�. 00 C p CL (1) N Ell CL (1) ClI CU 45 '?C Ll.� �, t4 .� •0 O u� 0 C13 (1) 0 �- a — �— � c C) co (1) �� �a c Cc CO U CIO O �N N •� 0— Q z z z =3 cis Cv z — Q. e•- N c6 4 I-� o6 7- c wiz ca Q M nz 0 0 < 0 lu cv Sr crr Sp Ff CIO O Lr2 ua BALDWIN PARK 9% Credits, 60% AMi Rents Senior /Family Mix 2 -Story PROJE=CT INFORMATION Total Proposed Units 71 Site Area 125,815 SgFt ResideotiaE Area 67.005 SgFt Residential Parking Spaces 103.00 Guest Parking Spaces 10.00 Total Parking Provides! 113.00 Vacancy Factor -Residential Units 5.00 14-May-99 Total Development Costs $10,460,864 Development Costs Per Unit $147,336 Gross Operating Income $427.112 Expenses ($2875 PUPA Inc. Reserves) ($204,125) Net Operating Income $222,987 Avai €able for Debt Service $193,902 Maximum Loan Amount (30 Yr) 521101,473 Loan per Unit $29,598 Br idge Loan $0 GP Equity 563,259 Investor Equity -Tax Credits 56,262,591 Construction Loan Fees 1.00 % Investor Equity per Unit 588,206 Construction Loan Rate 9.50 Total Construction Loan $7,000,000 Total Conventional Loan & Equity 58,427,323 Loan and Bond Costs 2.00 Perm Loan Rate 8.50 Dent Coverage Rate 115.00 °/ Deferred Developer Fee 50 Redevelopment Agency Subsidy 51,750,00 Subsidy per unit S24,647.69 City of Industry Funds Requested s0 Subsidy per unit 60.00 AHP Subsidy Requested 50.0000 I.GAP (5283,54 ?} Negative equals ShortfaliiPositive equals Surplus ASSUMPTIQNS: No Davis -Bacon Rents - 50% Operating Expenses @ $2,875 pupa (assumes no prop, taxes) Non Profit Partner - BUDGET COST COST TAX CREDIT 58,434,465 AMOUNT PER {SNIT PER SO FT CALCULATION Residential new const) $3,765,000 $53,028 $56.19 $3,765,000 Rec. Building (new const) $212,500 $2,993 $3.17 $212,500 'arking - On grade $50,000 $704 $0.75 $50,000 Barking - Turk Under $0 $0 $0.00 $0 Site improvements $85,000 $1,197 $1.27 $85,000 Landscaping $225,000 $3,169 $3.36 $225,000 Demolition & Grading $125,017 $1,761 $1.87 of -site Improvements $245,000 $3,451 $3,66 Pool, Decking & Fencing $60,000 $845 $0,90- $60,000 Grading $0 $0 $0.00 $0 Utility Undergrounding ;100.000 $1.408 51.49 $100,000 Sub Total of Construction Costs $4,867,517 $68,557 $72.64 $4,497,500 DAMS BACON ADJUSTMENT (12 %) NIA s0 $0.00 NIA General Requirements & Overhead $306,654 $4,319 $4.58 5346,654 Contingency - 5% $243,376 $3,428 $163 $243,376 Builder PYOR $310,450 $4,373 $4.63 $310,450 Bond Premium & Insurance $109,692 $1,545 $1.64 $109,692 SUBTOTAL CONSTRUCTION COSTS: $5,837,689 $62,221 $87.12 $5,467,672 Architectural and Engineering Costs: Architectural & Landscape Design 5210,000 $2,958 53.13 6210,000 Design Review & Contract Mgmt 540,000 $563 $0.60 $40,000 Engineering $65,000 $915 $0.97 $65,0fl0 Arch. & Cosst, Supervision $38,000 5535 $0.57 $38,000 SUBTOTAL A & E COSTS: $353,000 54,972 570.03 $353,000 School Fees (excl. senior units) $91,378 51,257 S1.36 591,376 Permit $75,000 $1,056 S1.12 $75,000 Sewer Fees 58,000 5113 $0.12 $8,000 Parks and Recreation Fees $50,000 5704 $0.75 550,000 Water Fees 555,000 $775 $0.82 555,000 Other Fees s0 $0 $0.00 $0 SUBTOTAL GOVERNMENTAL FEES: $279,378 $3,935 $55,42 $279,378 Appticatlon and Review CostslApprs'I $22,000 $310 $0.33 522,000 Construction Loan Fees $70,000 $986 $1.04 570,000 Construction interest (16 months) $466,448 $6,851 $7.26 5425,448 Pre -Dev Loan Interest $30,000 $423 $0,45 $30,000 Perm Loan Fees (2 %) $42,029 $592 $0.63 Bridge Loan Costs (Int. & 2 %) so so $0.00 Operating /Bond Reserve $80,000 $1,127 $1.19 Lender Legat Fees 50 $0 50.00 TCAC and Other Finance Costs $31,520 $444 30.47 ........ SUBTOTAL FINANCE COSTS: $761,997 S10,732 $151.16 5547,448 Property Taxes During Construction - 1.5 Years $20,000 $282 $0.30 $20,OCO Insurance $24,000 $338 60,36 $24,000 Title and Recording $15,000 $211 SO.22 $15,000 Legal Fees $45,000 $634 $0,67 530,000 Furnishings slo0,0o0 $1,408 $1.49 $100,000 Rent- uplMarkeling Expenses $100,000 $1,408 $1.49 Development/Management & Overhead 51,030,000 $14,507 515.37 $1,030,000 StudieslSurveyslReports 530,000 $423 50.45 $30,000 Accounting & Audit $8,500 5120 50.13 $8,500 Misc. Other $12,000 $169 $0.18 512,000 Soft Cost Contingency $30,000 $423 $0,45 $30,000 SUBTOTAL OTHER SOFT COSTS $1,414,500 $19,923 5280.60 $1,295,500 LAND COSTS: Land & Brokerage Costs $1,700,500 $23,951 $13.52 Other Land Casts (Le. Carrying Costs) $100,000 51,406 $1.49 Soil S]Envircnm0Mal Studies S10;00 $141 So.15 $10,000 Survey S3,800 554 50.06 $3,800 SUBTOTAL LANIJ COSTS: $1,814,300 525,554 5359.91 $13,800 TOTAL DEVELOPMENT COSTS: $10,460,864 5147,336 $147,336.12 $7,960,798 TCAC 221(d)(3) Basis Limit (WITH 15% adjustment)' $8,092,866 TCAC TABLE Adjustment for High Costs Area (130°/x) $10,349,037 Annual Award @ TCAC Rate (1199 - 8.15`ro) $843,446.54 Total Amount Allocated to Project 58,434,465 investor Equity @ ,7515 x 99 °,0 56,262,591 Owner Equity @ 7515 x I,- S63,256 UNIT TYPE % FAMILY _QN11 50% Median 60% Median 50% Median 60% Median 50% Median 60% Median 50% Median 60% Median Manager's Unit SALDWIN PARK 14- May -99 UNIT SIZE SF # 4 Bedroom 2.0 Bath 1404 sf 2 4 Bedroom 2.0 Bath 1404 sf 0 3 Bedroom 2.0 Bath 11a0sf 33 3 Bedroom 2.0 Bath 1180 sf 0 2 Bedroom 1.0 Bath 775 sf 8 2 Bedroom 1.0 Bath 775 sf 0 1 Bedroom 1.0 Bath 566 sf 27 1 Bedroom 1.0 Bath 566 sf 0 3 Bedroom 10 Bath 1275 sf 1 71.00 °/a GROSS UTILITY 34 RENT ALLOW. 1.64 $692 $67 0.00 $892 $67 27.05 $641 $60 0,00 $800 $60 6,56 $577 $53 0.00 $693 $53 22.13 $460 $45 0,00 $576 $45 0.82 $666 $60 Miscelfaneous Income Gross Annual Income Less Residential Vacancy Factor - 59/. Effective Gross Income The 50% Rents are based upon the City of industry Requirements LiMit-CaZ 2 4 BR's @ $130,732 w 5261,464 34 3 BR's @ 5117,349 = $2,989,866 8 2 BR's @ S 91,679 = $733,432 27 1 BR's @ S 76,019 = 51Q52 5.13 71 $11,745 57,037.275 [Maximum Unadjusted Fligibte Basis $8,092,866 NET MONTHLY RENT RENT $625 $1,250 $825 $0 $Sai $19,173 $740 $0 $524 $4,192 $640 50 $435 $11,745 $531 $0 $606 $606 $36,966 $500 $449,592 ($22.480) $427,112 6HF, - BALDWIN PARK 14- May -99 Tax Exempt Bonds, 60% & 60% AMI Rents Senior /Family Mix . PROJECT INFORMATION ITotal Development Costs $ 10,585,490 Development Costs Per Emit $149,091 Total Proposed Units 71 Gross Operating Income $505,038 Site Area 125,615 SgFt Expenses ($2875 PUPA Inc. Reserves) ($204,125) Residential Area 67,005 SgFt Net Operating Income $300,913 Available for debt Service $286,584 Residential Parking Spaces 103.00 Guest Parking Spaces 10.00 Total Parking Provided 11100 Maximum Loan Amount (40 Yr) $4,232,756 Loan per Unit $59,616 Bridge Loan 51,000,000 Vacancy Factor - Residential Units 5,00 GP Equity $29,979 Investor Equity - Tax Credits 52,967,827 Construction Loan Fees 1.00 % Investor Equity per Unit 541,800 Construction Loan Rate 9.50 Total Construction Loan 57,000,000 Total Canvenfional Loan A�-Equity___L 57,230,562 Loan and Bond Costs 2.00 Perm Loan Rate 5.20 °/a iJebt Coverage Rate 105,00 % Deferred Developer Fee T 51,002,128 Redevelopment Agency Subsidy 51,750,000 Subsidy per unit 524,647.89 City of Industry Funds Requested $602,800 Subsidy per unit 58,490.14 50% Test AS5UMPTIQB_$ No Davis -Bacon Rents - 501% & 60% AMI operating Expenses @ $2,875 pupa (assumes no prop. taxes) Non - Profit General Partner 11 1 tD,fNV F�,-Y AN' 4 0.5126 TOTAL DEVELOPMENT COSTS: S10,S85,490 $149,091 $149,091.40 57,960,798 TCAC 221(d)(3) Basis Limit (WITH 15 % adjustment): 58,092,866 TCAC TABLE Adjustment for High Costs Area (130%) 510.349,037 Annual Award @ TCAC bate (1199 - 3.49%) 5361,181.39 Total Amount Alocated to Project 53.611.814 Investor Equity c`e..831S x 95% 52,967.827 Owner Equity @ 831S x 1 9r; 529,978 BUDGET COST COST TAX CREDIT AMOUNT PER UNIT PER SO Ir i' CALCULATION Residential (new Contt) $3,765,000 $53,028 $55.19 $3,765,000 Rec. Building (new const) $212,500 $2,993 $3.17 3212,500 Parking - On grade $50,000 $704 $0.75 $50,000 larking - Tuck Under $0 $0 $0.00 $0 Site Improvements $85,000 $1,197 $1.27 $85,000 Landscaping $225,000 $3,169 $3.36 $225,000 Demolition & Grading $125,017 $1,761 $1.87 Off -Site Improvements $245,000 $3,451 $3.66 Pool, Decking & Fencing $60;000 $845 $0.90 $60,000 Grading SO $0 $0,00 $o Utility Undergrounding ` $100,000 $1,448 $1.49 $100,000 Sub Total of Construction Casts $4,867.517 $68,557 $72.64 $4.497,500 DAMS BACON ADJUSTMENT (12 %) NIA $0 $0.00 NIA General Requirements & Overhead $306,654 $4,319 $4.58 $306,654 Conligency - 5% $243,376 $3,428 $3.63 $243,376 Builder Profit $310,450 54,373 $4.63 $310,450 Bond Premium & Insurance $109,692 $1,545 $1,64 $109,692 SUBTOTAL CONSTRUCTION COSTS: $5,837,689 $82,221 $1,158.04 $5,467,672 Architectural and Engineering Costs: Architectural & Landscape.Design $210,000 $2,958 $3.13 $210.000 Design Review & Contract Mgmt 540,000 $563 50.60 $40,000 Engineering S65,000 $915 50.97 $65,000 Arch. & Const, Supervision S38,000 $535 S0.57 $38,000 SUBTOTAL A & E COSTS: $353,000 S4,972 $70.03 $353,000 Schcol Fees (excl, senior units) $01,375 51,287 $1.36 $91,378 Permit $75,000 51,056 51.12 $75,000 Sewer Fees S8,000 5113 $0.12 $8,000 Parks and Recreation Fees $50,000 $704 $0.75 550,000 Water Fees $55,000 5775 50.82 $55,000 Other Fees so S0 $0.00 $0 .SUBTOTAL GOVERNMENTAL FEES: $279,378 $3,935 555.42 $279,378 Application and Review CostslApprs'I $22,000 $310 50.33 $22,000 Construction Loan Fees $70,000 $986 S1.04 570,000 Construction Interest (16 months) S486,448 $6,851 $7.26 5425,448 pre -Dev Loan Interest 530,000 $423 $0.45 $30,000 Perm. Loan Fees (2.5 1/.) S84,655 S1,192 51.26 . "*. Bridge Loan Casts (int. & 2.5 %) 582,040 $1,155 $1.22 .., OperatinglSond Reserve 580,000 51,127 51.19 Lender Legal Fees $0 $0 50.00 TCAC and Other Finance Costs $31,520 S444 50.47 SUBTOTAL FINANCE COSTS: $886,623 512,488 5975.68 $547,448 Property Taxes During Construction - 1.5 Year $20,000 $282 $0.3o $20,000 Insurance 524,000 5338 $0.36 $24,000 Title and Recording $15,000 $211 $0.22 515,000 Legal Fees $45,000 $634 $0.67 $30.000 Furnishings $100,000 51,408 51.49 $100,000 Rent-up/Marketing Expenses 5100,000 $1,408 $1.49 Development/Management & Overhead $1,030,000 514,507 515.37 $1,030,000 StudieslSurveysJReports $30,000 5423 $0.45 530,000 Accounting & Audit $8,500 $120 $0.13 58,500 Misc. Other 512,000 $169 $0,18 $12,000 Soft Cost Contingency $30,000 $423 $0.45 530,000 SUBTOTAL OTHER SOFT COSTS $1,414,500 $19,923 $280,60 $1,299,500 LAND COSTS: Land & Brokerage Costs $1,700,500 $23,951 51152 ....�... Other Land Costs (I.e. Carrying Costs) $100,000 51,408 $1.49 Soil sfEnvironmenta€ Studies $10,000 $141 5015 510,000 Survey $3,800 $54 50.06 $3,800 SUBTOTAL LAND COSTS: $1.814,300 $25,554 $359.91 $13,800 TOTAL DEVELOPMENT COSTS: S10,S85,490 $149,091 $149,091.40 57,960,798 TCAC 221(d)(3) Basis Limit (WITH 15 % adjustment): 58,092,866 TCAC TABLE Adjustment for High Costs Area (130%) 510.349,037 Annual Award @ TCAC bate (1199 - 3.49%) 5361,181.39 Total Amount Alocated to Project 53.611.814 Investor Equity c`e..831S x 95% 52,967.827 Owner Equity @ 831S x 1 9r; 529,978 ` - BALDWIN PARK UNITTYPE UNIT SIZE SF # °! GROSS UTILITY $19,240 $524 $1,048 $640 $3,840 $404 RENT ALLOW. A. FAMILY UNtT 50% Median 4 Bedroom 2.0 Bath 1404 sf 1 0.82 $692 $67 600/6 Median 4 Bedroom 2.0 Bath 1404 sf 1 0.82 $892 , $67 500/. Median - CHFA 3 Bedroom 2.0 Bath 1180 sf 7 5.74 $641 $60 600/. Median 3 Bedroom 2.0 Bath 1180 sf 26 21.31 $800 $60 50% Median - CHFA 2 Bedroom 1.0 Bath 775s( 2 1.64 $577 $53 60°f Median 2 Bedroom 1.0 Bath 775 sf 6 4.92 $693 $53 50% Median - CHFA 1 Bedroom 1.0 Bath $66 sf 6 4.92 $449 $45 60% Median 1 Bedroom 1,0 Bath 566 sf 21 17.21 $576 $45 Managers Unit 3 Bedroom 2.0 Bath 1275 sf 1 0.82 $642 560 71.00 Miscellaneous Income Gross Annual Income Less Residential Vacancy Factor - 5/- Effective Gross tncome 14- May -99 NET MONTHLY RENT RENT $625 $625 $825 $825 $581 $4,067 $740 $19,240 $524 $1,048 $640 $3,840 $404 $2,424 $531 $11,151 $582 5562 $43,802 5500 $531,619 (,26.581 $505,038 The ftafized Rent are based upon CHFA S the City of Industry requested feat levels which may differ from TCAC TCAC 221fd1(31osti imit Cao. 2 4 BR's @ S130,732 = 5261,464 34 3 BR's @ 5117,349 = 53,989,866 8 2 BR`s @ S 91,879 = $733,432 2-:1 1 BR's @ S 76,019 = z2 052 513 71 $7,037,275 X1 1.2 Maximum Unadjusted Eligible Basis $8,092,866 04/15/99 THU 14:25 FAX 310 207 6986 THOMAS SAFRAN & ASSOC Q002 DRAFT.; April 15, 1999 Re: Proposed Resident Development along West Ramona Boulevard (between Corak and Francisquito) Dear Neighbor: As a follow -up to the various mj;etings which have been held, and in response to the neighbors rd comments and concerns; we have revised the proposed new layout as t ngth West Rmix.na Bou below are substantially. Enclosed is a sit.- plan depicting Y the key changes to the plan; we believe that by making these changes we have responded to the majority of the issues which were expres: >ed. Relevant Changes to Proposed Development: ORIGIN. AL PROPOSAJ� FAMILY PROJECT 71 Units All units are Family 2 and 3 -Story Buildings Family parking off Corak Family traffic Lively Family environment School age children NEW PROPOSAL SENIOR/FANITLY PROJECT 71 Units, 113 less people Approx. 50% Family, 50% Senior 4�s s 2 -Story Buildings No ent to site off Corak, only on Ramona Reduced traffic due to Senior units Quieter development 45% less school age children Additionally we would like to Nvork with City Staff to assist in a sidewalk and street tree program along block. We heard your concerns and in turn are trying to work with you. We need your support and hope that by making these changes, you I vill now feel that this development better fits the needs of your community. Please sign and rdurn the enclosed sheet in the stamped, sett addressed envelope which has been included I,f'you hava any questions call Silvia R4 rex at (310) 820 -4888. Thank you for you time. Sincerely, David A. Ferguson Vice President EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement ( "Agreement ") is made as of this 21st day of ,January, 1 998 (the "Effective Date "), by and between the REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK, a public agency ( "Agency "), and THOMAS SAFRAN & ASSOCIATES ( "Developer"). RECITALS: A. Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (Health & Safety Code Section 33006 et =.). B. The City Council of the City of Baldwin Park adopted Ordinance Nos. 746, 780, 861, 832, 868 and 947 approving the Redevelopment Plan for the six (6) Redevelopment Project Areas (the "Project Area "). C. On December 21, 1994, the Agency Board of Directors approved and adopted a five (5) year Redevelopment and Housing Implementation Plan 1995 -1999 which outlines the Agency's goals,, objectives and responsibilities to provide and replace affordable housing units eliminated through redevelopment project activities. D. The State Community Redevelopment Law (CRL, Health and Safety Code Section 33666 et seq.) allows affordable replacement housing to be constructed outside of the redevelopment project areas. E. The Developers have identified a site and have established site control of the proposed site. F. Developers have represented to the Agency that they have the necessary qualifications, experience, and financial capability to redevelop the Site. G. Agency and Developers desire to investigate the feasibility of developing on the Site a development of approximately 71 units of affordable senior and family housing units. COVENANTS: In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all parties, Agency and Developer agree as follows: Exclusive Negotiating Agreement Page 2 1. Good Faith Negotiations. Agency and Developers agree that for the period provided in Section 2 below (the "Negotiation Period "), Developer and Agency shall negotiate in good faith pursuant to the terms hereof to enter into a Disposition and Development Agreement ( "DDA ") for development of the.Project on the Site. During the Negotiation Period, Developer shall explore development opportunities, identify various site requirements and prepare a preliminary plan or plans, and submit to the Design Review Committee and the Planning Commission. In addition, the Developer will submit to the Agency a preliminary development proforma for the Project. Developer shall provide Agency periodic written reports regarding Developer activities hereunder a minimum of forty -five (45) and ninety (90) days after the Effective Date. During the term of this Agreement, Agency covenants not to negotiate with any other persons or entity regarding the development of any portion of the Site, subject to Agency's obligations under it's adopted "owner participation" rules. Nothing herein shall be deemed a covenant or commitment by Agency or Developer to enter into a DDA with respect to the site, to agree to any particular terms or conditions to be included in a DDA, or otherwise as a predetermination or prejudgement of matters required to be determined by Agency after proper public notices are given and hearings are held, Agency reserving unto itself complete legislative discretion regarding the Project and the Site. 2. Negotiation Period. This Agreement shall terminate one hundred twenty (120) days after the Effective Date; provided, however, that the Executive Director shall have the authority, on behalf of the Agency, to extend the term of this Agreement for one additional period of sixty (60) days. In addition, if, prior to the termination date of this Agreement, Agency and Developer have negotiated the terms of a DDA and Developer submits an executed DDA to Agency for consideration, the term of this Agreement shall continue for a period sufficient to enable Agency to determine whether or not to approve and execute the DDA. If no DDA has been approved and executed by Agency prior to the termination date, this Agreement shall automatically terminate and neither party shall have any further rights or obligations hereunder. Not by way of limitation of the foregoing, Developer acknowledges that if this Agreement terminates, Developer shall have no right, title, or interest with respect to the Project of the Site arising out of this Agreement. 3. Attorney's Fees. In the event of any action between Agency and Developer seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive, or other relief, its reasonable costs and expenses, including without limitation attorney's fees. All such fees shall be enforceable whether or not such action is prosecuted to judgement. Exclusive Negotiating Agreement Page 3 4. Assignment. This Agreement shall be binding upon and shall insure to the benefit of Agency and Developer and their respective heirs, personal representatives, successors, and assigns. Developer shall have no right to assign this Agreement without Agency's prior written consent, which consent may be withheld in Agency's sole and absolute discretion. 5. Non- liability of Agency. No member, official, employee, or contractor of Agency shall be personally liable to Developer in the event of any default or breach by Agency or for any amount which may become due to Developer or on any obligation under the terms of this Agreement. 6, Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This section headings are for purposes of convenience and shall not be construed to limit or extend the meaning of this Agreement. This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. 7. Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 8. Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Agency and Developer. 9. Broker's Fees. Agency and Developer each represents and warrants to the other that it has not employed any broker and/or finder. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee arising out of such indemnifying party's actions, conduct, or agreements. '10. Entire Agreement. This Agreement contains the entire Agreement of Agency and Developer with respect to the matters contained herein. No prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended or modified in any manner whatsoever except by an Agreement in writing signed by the parties hereto. Exclusive Negotiating Agreement Page 4 11. Execution. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, Agency and Developers execute this Agreement to be effective as of the day and year first above written. THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK BY:�7�_.- �. Sid Mousavi Interim Executive Director ATTE T: fieve A. Cervantes Secretary of Redevelopment Agency THOMAS SAFRAN AND ASSOCIATES BY: ' 11812 San Vicente Boulevard Suite 600 Los Angeles, CA 90049 -5063 (310) 820 -4888 APPROVED AS TO FORM: David J. OWds Attorney 13210 MY F 13'26 13110 311 13'22 1314 1314 13902 304 1305 13134 131 1314 1305 1 1 1 131 1321 1 7 131 1307 1 130 3643 1308 13 3635 W34 3644 1 1310 1321 3629 3630 3633 1307 131 1 3624 27 3632 1307 1511 mn 311 3617 3618 3621 3626 1 131 13 12 3617 36221 3527 362 131 3611 3616 3623 311 1313 36 N A- C`1.Cf1 11t I Not to site Scale i ine City of Bah1win park i t , CITY OF BALDWIN PARK STAFF REPORT BALDWIN P -A,R- K TO: Agency Board of Directors FROM: Steve A. Cervantes, Director of Community Development DATE: August 5, 1998 SUBJECT: Proposed Extension of Exclusive Negotiation Agreement - Thomas Safran & Associates P! IPPOAF- This report requests approval to extend the existing Exclusive Negotiating Agreement (ENA) with Thomas Safran & Associates for an additional 180 days. BACKGROUND: On January 21, 1998, the Agency Board of Directors approved the Exclusive Negotiation Agreement with Thomas Safran & Associates for the negotiation of a 71 unit multi - family housing development on the Ramona Boulevard and Croak Avenue Property. The original period outlined in the ENA has expired on July 20, 1998 and we are still working on the proposed Disposition and Development Agreement. DISCUSSION: The developer is moving forward on plans, the preparation of a model, a proposed zone change on the existing site and has completed the Phase I environmental studies. In addition the developer is applying to the Los Angeles County, Community Development Commission for the City of Industry housing funds. Both the Agency and the Developer's attorneys are working on the Disposition and Development Agreement. The DDA should be ready for submission to the Agency Board of Directors within the next 60 days. Negotiations under the umbrella of an Exclusive Negotiating Agreement show good faith on both the developer and Agency. The overall desire is to leverage the Agency's financial assistance with other eligible funds like the City of Industry funds that are available through the Los Angeles County. 1 Reviewed by: FISCAL IMPACT:... This proposed Exclusive Negotiation Agreement does not impact the General Revenue Fund. No funding other than administrative casts is associated with approval of this agreement. RECOMMENDATION: - Staff recommends approval of the proposed Exclusive Negotiation Agreement. If the Agency Board of Directors concur with staffs recommendation, the appropriate action would be appropriate: A motion "to approve the Exclusive Negotiation Agreement with Thomas Safran & Associates." 2 Reviewed by: -*THOMAS SAFRAN & ASSOCIATES August 12, 1998 Steve Cervantes, Interim Executive Director City of Baldwin Park 144013 E. Pacific A vP. Baldwin Park, CA 91706 Dear Mr. Cervantes: Now that the Council has voted to approve the purchase of the property at 13043 Francisquito (the old lawnmower building), this letter is provided to set for the record the status of the various elements necessary to bring this project to fruition. This will also confirm the issues we dealt with during our meeting at your office on Monday, July 20"'. ENA/DDA The ENA has been extended for another 120 days to allow the DDA to be executed. In turn, you committed to work with the City Attorney to expedite the delivery of the draft DDA. When might we expect it? 2. ARCHITECTURE l ENGINEERING We are proceeding with the architecture for our 71 unit family project and expect to submit drawings for Planning review approval this month. It is necessary that the CEQA review be completed as soon as possible thereafter as this work must, by law, be carried out prior to the execution of the DDA. 3. COUNCIL AND COMMUNITY APPROVAL In principle, the Councilmembers appear to be in support of the project. Mr. Lozano and Mr. Pacheco plan to tour a few developments with me in the near fixture. I will also take the new Planning Commission members on a tour. Finally, I will seek the support of Mary Ferrer and the local residents. A model of the project will be prepared as soon as the architectural design is at a stage to permit this to happen. RECEIVED AUG 18 9998 11812 SAN VICENTE BLVD., SUITE 600 • LOS ANGELES, CA 90040 -5063 • (310) 820 -4888 • FAX (310) 207 -6986 4. LAND As you know, we have already committed over $100,000 in non - refundable deposits to the purchase of these properties. We are obviously not in a position to close escrow on the two parcels without the City funding a substantial portion of its loan proceeds. As we discussed, we need the City to fund $1,325,000, plus closing costs, by November of this year at the latest. Therefore we need to ensure an executed DDA (see item 1 above). SOURCES & USES Attached is a copy of the proforma for the project which we reviewed at our last meeting. The short fall in funds is $2,454,669. You told Tom Safran that the City could fund about $2,000,000 of this amount. We will seek other sources to cover the balance of the funds including applying for City of Industry funding as soon as possible. While we will obviously do all that we can to lower the City's commitment, you can see that in the meantime we are at substantial risk for the balance of the funds. It is essential, therefore, that you work with us to quickly process the DDA and to release the funds to purchase the land (see item 4 above). Please review the points raised in this letter and provide me with a written response to the issues raised. Now that the third parcel of land has been secured, we are looking forward to pushing this project quickly through the entitlement process. Thank you for all your help. Sincerely, David Ferguson Vice President THOMAS SAFRAN &ASSOCIATES February 3, 1999 Steve Cervantes Interim Executive Director City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Re: Ramona. / Francisquito Housing,, Baldwin Park Dear Mr. Cervantes: RErEI /ED FEB 9 1999 Following our recent 1-fleeting regarding this development, this letter is written -to set down for the record the status, progress and commitment of the parties to the project. 1. You stated that the City /Agency would, subject to normal approvals, cornmit to a loan of $1,545,000 to the project. This is composed of the 5145,000 already expended on the "lawnmower" building which would be deeded over to us at start of construction, together with an additional 5],400,000 which world be used to pay for the remaining two parcels of land (the Chiu and Ho properties). 2. Prior to or immediately upon execution of the DDA, the City /Agency will purchase the properties from the sellers. Both parcels are currently in escrow to TSA and we would have to execute an amendment to the escrow instructions to close this transaction. a. The balance, if any, of the S 1,400,000 wil' be used fo,' land- rcinted, closing and carrying costs. 4. Tile City /Agency will maintain ownership of the combined properties while TSA is granted a period of tirne (2 yrs. +) to complete the packaging of financing from sources other than the City. The fi €nding cycles frorn the few available agencies are t€suaily only once or twice a year. After this time period the City /Agency can choose to extend the agreement, use the land for another purpose or open up the opportunity to a frill RFO /RFP utilizing the architectural drawings and entitlements to expedite the process. 5, TSA has submitted an application for Planning and zoning approval which will be reviewing by the Planning Commission on Wednesday February 24, 1999, Tile 11812 SATs VICE?.NTE 131M)., SUITE 600 • LOS ANGELES, CA 90049 -5063 . (310) 8201 -4888 - FAX (310) 207 -6986 Agency will'assist in expediting the necessary approvals for the development. This will include scheduling around the City election on March 2 "`r and conducting closed session meetings with'any new Council Members to acquaint them with the project in process. G. It is the City /Agency's intent to have the DDA/CEQA/Specifc Plan come before Council for their approval in March or April at the latest. We of course will continue to push for the earliest possible dates. 7. TSA will continue to process the parcel map concurrently with the planning application. This will include action on the City's part to abandon the alleyway from Cora k, East to Francisquito. A new alley next to lot 19 will be constructed to link the North/South alley at right angles to Franciscluito or alternatively a new cul- de -sac might be fo €erred at the nexus of the alleyways. 8. TSA and City staff will jointly meet with neighbors and other interested groups to explain the proposal and to address their concerns if any. This will be particularly necessary with the owners of the Gas Station and the owners of lot 19 adjacent to the proposed location of the new alleyway. Could you please authorize an extension of the ENA until May 1999. This may require s0171e action from the Council and I would like to get this approved as soon as possible. Mr. Cervantes, if you concur with the contents of this letter could you please sign and return a copy to me for my records. The deal points are currently being included in the draft DDA which will be forward to you shortly for your review and approval. Thank you. Sincerely, David Ferguson Vice President Signed & approved Steve Cervantes Interim Executive Director City of Baldwin Park mr.... s> yw- x. sc^:- ia�wxmw! ��rsrnawr.?: sa+ �r�, ,,sin-,ac,•- zr.��rr�aasv►�•�..� .. .... , .. . sx ^ s } !Y n_ + . W gy, -C n IN G C t icy � +�4 r € m Lli • Z O G C r PROPERTIES: CHIU $1,000,000 Purchase Price Release dates for Escrow Payments: JANUARY 27. 1995 $24,000 Released APRIL 27, 1998 :25,000 Released JULY 27, 1999 $25,000 OCTOBER 27, 1998 $25,000 ' TO JAN. 27. 1 999 $10,000 Released $10.000 PER MONTH 1 0.000 TO JAN. 27, 1999 $129.000 HO $325,000 Purchase Price Release dates for Escrow Payments: JANUARY 27, 1995 $5000 Released FEBRUARY 10, 1994 $2,000 Released MARCH 10, 1998 $2,000 Released THRU OCT. 10, 1998 PER MONTH ETC... TO JAN. 27, 1999 $3,500 S1500� $3%501; $33,500 $13,000 released as of 5110198 NOTES (1) All deposits apply to purchase price of each property. (2) REO residence not currently in escrow - cash only $125,000 +. $62,00 currently released and non - refundable. RAt DWIN" [, . A • Id . K CITY COUNCIL AGENDA JUN 16 1999 STAFF —leo TO: City Council FROM: Steve Cervantes, Community Development Director DATE: June 16, 1999 SUBJECT: Continued from June 2, 1999. Specific Plan (SP 99 -1) and Development Plan (DR -11) for a 71 unit senior and family affordable housing development -- Location: 13022 -62 Ramona Boulevard, 13122 Corak Street, and 13043 Francisquito Avenue; Applicant: Thomas Safran & Associates. PURPOSE This report requests City Council approval of a specific plan and development plan to allow a 71 unit senior and family affordable housing development. BACKGROUND Thomas Safran and Associates had submitted an application for a specific plan and development plan to allow the construction of a 71 unit affordable apartment project at Ramona Boulevard and Corak Street. The site is bounded by Francisquito Avenue on the west, Ramona Boulevard on the north, Corak Avenue on the east, and a single - family residential neighborhood on the south. The site consists of three (3) contiguous parcels and a portion of a public alley totaling approximately 120,245± square feet (2.76± acres). Table 1 Subject Property Characteristics Ads Zc.g.enal �,( 1- 13022 -13062 Ramona Blvd C -2 General Commercial 88,460 sq. ft. 13122 Corak St R -1 Single- Family Residential 18,000 sq. ft. 13043 Francisquito Ave R -1 Single- Family Residential 13,010 sq. ft. Vacated Public Alley NIA NIA 1 775 sq. ft. Total i 120,245 sq. ft SP 99 -1, DR -11 June 16, 1999 Page 2 The site is essentially flat and vacant except for a 1,007 square foot vacant residential structure on Francisquito Avenue that was formerly used as a lawnmower repair shop, and a 3,600- square foot vacant commercial building on Ramona Boulevard (the former Hoosier Bar). The adjacent zoning and land uses are listed in the following table. Table 2 Adjacent Zoning & Land Use Public hearings were conducted by the Planning Commission on March 10, 1999, April 14, 1999, and May 12, 1999. The original plans called for the project to be primarily for families. The applicant has since modified the plans to include 35 units for families, 35 units for seniors and one manager's unit. The units will be affordable to households at 50% and 60% of the area median income. Legal notices were published in the San Gabriel Valley Tribune, and mailed to all property owners within 300 feet of the subject property on May 6, 1999. The Planning Division has completed an Environment Analysis. Pursuant to that information a Draft Negative Declaration has been prepared pending approval by the City Council. DISCUSSION The Specific Plan document (Exhibit "A ") authorized under the State Government Code, is the regulatory mechanism that enables the construction of the proposed housing project. The Specific Plan is written to accommodate a land use (apartments) and project design that would not ordinarily be allowed under the current commercial zoning. The development standards written into the Specific Plan have taken into consideration the unique nature of affordable housing projects. The Specific Plan contains a provision that requires approval of a Development Plan before building permits can be issued. The Development Plan must be consistent with (CALarryIREPORMSP 99- 1Junai6,doc) SP 99 -1, DR -11 June 16, 1999 Page 3 the standards and guidelines contained in the Specific Plan. In this instance, the Specific Plan and the Development Plan (Exhibit "B ") are being processed concurrently. Construction of the proposed units will help fulfill a state mandated affordable housing requirement. The City's Redevelopment Agency is required to replace all low and moderate income homes demolished as a result of Redevelopment Agency actions. So far, only 45 of the 272 bedrooms that the Redevelopment Agency has demolished within the low and moderate- income limits have been replaced, with 125 more either under construction or in Plan Check. This project, if approved will help to reduce the Agency's replacement housing obligation by an estimated 31 bedrooms' within the very low- income category and 125 within the low - income category. To help facilitate the construction of affordable housing, more flexible standards have been written into the Specific Plan. These standards supersede the standards of the Zoning Code. The key differences between the standards in the Specific Plan and Zoning Code (R -3) are listed in the table below: Table 3 Development Standards Comparison ta�fOrdnngde pecc Plap. ..eve9?pe Ilan .. , Maximum [density *25.9 u/a 25. 9u /a 25. 7ula _ Maximum Bldg. Height _ 27 feet 35140 feet-, 27' av (35' max) 1 2- stories 3- stories 2- stories Maximum Building Length Minimum Floor Area 125 feet 650 sq.ft. (1 -BR) i 115 feet 550 sq. ft. (1 -BR) 115 feet 566 sq. ft. (1 -13R) i 850 sq.ft. (2 -BR) 750 sq. ft. (2 -f3R) 775 sq. ft. (2 -BR) 1,050 sq. ft. (3 -BR) i 1,100 sq. ft. (3-,BR) 1,180 sq. ft. (3 -BR) 1,200 sq. ft. (4 -BR) 1,250 sq. ft. (4 -BR) 1,404 sq. ft. (4 -BR) Resident and Guest Parking 182 (2.56 /unit) 56 (1.59 /unit) family /guest 64 (1.59 /unit) family /guest carport/garage /open 18 (5) senior 34 (.97) senior open open Common Open Space _ 14,200 sq. ft. 14,200 sq. ft. 14,200 sq. ft. 200 sq. ft. /unit 200 sq. ft.1unit 200 sq. ft. /unit �20 ft, min. dim. € 20 ft. min. dim. 20 ft. min. dim. Open Space 100 sq.ft. /unit None 33 -114 sq.ft. _Private Distance between buildings: 10 feet 6 feet 6 feet Building Setbacks Ramona Blvd. 15 feet 15 feet 15 feet Corak St: 20 feet 10 feet 10 feet I Assumes that 20% of the units are made available to very -low income families, and 80% to low income excluding the managers apartment. (C:lLarryREPORMSP 99- lduneI6.doc) SP 99 -1, DR -11 June 16, 1999 Page 4 Skandar�3. or�r Code: 3pe�lc Plan; peveapment Plan Francisquito Ave: 15 feet 15 feet 15 feet Rear (south): 20 feet 6 feet 6 feet Alley: 10 feet o 2 feet * Maximum density with 25% density bonus for affordable housing in the R -3 zone. - Building Height and Architectural Design The Development Plan shows 70 of the units contained within 12 apartment buildings dispersed throughout the site. The manager's apartment (the 71s' unit) is located within the community building. The apartment buildings will contain groupings of between 2 to 16 units and will be 2 stories in height. The buildings will be setback at least 6 feet from the nearest R -1 zoned property on Corak Street and 28 feet from Francisquito Avenue. Each of the proposed buildings has been carefully designed to avoid a "monolithic" appearance. The exterior walls and roof lines are staggered along both the vertical and horizontal planes. The roof and wall variations, along with the subtle changes in colors, help to visually reduce the mass and bulk of the buildings. To maintain a more traditional building -to- street urban design relationship, the buildings are oriented toward the streets without intervening walls - unlike gated fortress type projects. These site and building design features help make the project compatible with the existing single - family residential neighborhood. - Parking The Specific Plan provides for a lower parking rate than the rate required by the Code. Ninety -eight (98) open on -site parking stalls will be provided for the residents and guests of the 71 units (1.38 spaces per unit). This amount of parking translates to a rate of 1.58 spaces per unit for family units, 0.97 spaces per unit for the senior units, and seven (7) guest spaces. An analysis of similar low - income apartment projects, submitted as a supplement to this application suggests that the actual resident parking needs may be closer to one space per unit (.93 spaces per unit). The proposed reduction of on -site parking helps to make the project affordable to low- income families, and will allow a higher percentage of the site to be used as landscaped open space. - Impact on Schools and Parks A general concern about new residential development, particularly multi - family fGAI arryIRFPORMSP 99- 7dunel&doc) SP 99 -1, DR -11 June 16, 1999 Page 5 development, is the impact of such projects on schools and park facilities. Although residential development will result in an increase in the population at this location, this project is not expected to significantly impact existing schools or parks. The City collects a one -time 'Development Fee', which can be utilized to partially offset the potential impact of the proposed project on park and recreation facilities. The estimated development fee for this project is $45,0000. More importantly, the provision of well designed active and passive open space areas within the project will lessen the need for future residents to use City public parks. The project will have its own self - contained community center equipbed with meeting rooms and computer facilities. Adjacent to the community center will be a pool and spa for exclusive use by residents and their guests. As for school impacts, the anticipated net impact of the project on school facilities should be minimal. If viewed as an isolated occurrence, the project could result in an estimated increase in population of up to 197 persons (35 units @ 4.3 persons per unit, and 35 units @ 1.2 persons per unit) with up to 39 school -aged children (26% of the total number of persons between the ages of 5 -18). However, when demolitions and population displacement within redevelopment areas are taken into consideration, the increase in school aged children can be considered a shift from one geographical area of the Baldwin Park Unified School District to another. Combined with the fact that school development fees in the amount of $129,000 ($1.93/s.f. residential; $.31 /s.f. non- residential) will be paid to the BPUSD, it is not expected that the impacts of this project on the BPUSD will be significant. - Circulation The existing circulation pattern of the neighborhood will be slightly altered as a result of the project. The proposed plans call for the deletion of the Ramona alley segment that provides direct access to Corak Street, and the realignment of the segment that connects to Francisquito Avenue. As proposed, the 13100-13200 block of Corak Street will no longer have direct access to the alley from Corak Street. In instead, a few residents will have to travel south to Athol Street, then north along the alley as much as 900 feet to access the rear garages. The realignment will also prevent vehicles from taking short cuts through the alley between Corak Street and Francisquito Avenue. 'vehicular access to the site will be from Ramona Boulevard only; the original driveway off of Corak Street has been eliminated. The proposed realignment is not considered to have a significant impact on the circulation system of the neighborhood. (C:1Larry1REPOR TStSP 99 -1 June 16, docJ SP 99 -1, DR -11 June 16, 1999 Page 6 - Planning Commission Recommendation The Planning Commission received public testimony on this project on March 10th, April 14th, and May 12". At its May 12th meeting, the Planning Commission voted (4 -1) to recommend that the City Council approve the specific plan and development plan. Commissioner Magdaleno, in voting against the project, expressed the following concerns: 1. The applicant is proposing to plant street trees along Corak St. to beautify the street. These trees may deposit debris (leaves) in the street and create an increase demand for street sweeping. He felt that the applicant should pay for increased street sweeping services along Corak St.; 2. Security for the project will be provided by the 24 -hour on -site manager. Commissioner Magdaleno felt that the on -site manager might not be sufficient, and that an additional security guard might be necessary; and 3. Commissioner Magdaleno was concerned about the pool rules for seniors. He questioned the compatibility of seniors and children sharing the same pool facility. GT �� 7� j i�► T�� l i 7_ j i i[� T� l Staff recommends that the City Council adopt Resolution No. 99 -37, adopting the Mitigated Negative Declaration and approving the Specifi' Plan (SP 99 -1) and Development Plan (DR -11) to allow the construction of a 71 -unit senior and family affordable apartment development subject to the conditions listed in the staff report. CONDITIONS- DEVELOPMENT PLAN DR -11 1. That the subject Property shall be developed and maintained in substantial compliance with Exhibit "B" dated May 12, 1999; and 2. That the applicant shall submit a colors and materials board to the Planning Division for review and approval; and 3. That a landscape and irrigation plan must be submitted for review and approval to the Planning Division prior to the acceptance of building construction plans for Plan Check. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without good cause, and only with prior written approval by the Planning Division; and 4. That the following information must be provided upon the plan check submittal: (C. tLarrylREPCR75lSP 99.1 June I6.doc) SP 99 -1, DR -11 .tune 16, 1999 Page 7 (a) Three sets of Architectural plans and one extra site plan for the Fire Department; and (b) Three sets of plans for the City; and (c) Two sets of the following are required: (i) Soils reports (ii) Structural calculations (iii) Title 24 energy calculations (jv) Mechanical, electrical and plumbing plans. 7. That the applicant shall conduct an acoustical engineering study to assess existing noise levels. Where necessary to mitigate excessive noise, including but not limited to along Ramona Blvd., Francisquito Ave. and Corak St., S.T.C. rated glass shall be installed. Double -pane glass shall be used for all other windows; and 8. School development fees shall be paid to the Baldwin Park Unified School District prior to final occupancy; and 9. A Parcel Map will be required to combine the lots; and 10. The following plans must be submitted during the Plan Check phase: a) A Grading Plan, prepared by a registered Civil Engineer, shall be submitted for review and approval by the Engineering Division; and b) A Plan for the proposed alley; and c) A Sewer Plan. 11. A hydrology study must be conducted in order to provide an adequate drainage system; and 12. A warrant study for a traffic signal at the Corak Street and Ramona Boulevard intersection will be required to be submitted to the Engineering Division for review and approval. If warranted, the applicant shall be responsible for the installation of the traffic signal at this intersection; and 13. The Ramona Alley must be vacated and sewer easement must be abandoned prior to any construction; and 14e All overhead utilities along the Ramona Alley must be placed underground; and {C:1LarryiRFPORTWP 99 -9Juna I &_doc) SP 99 -1, DR -11 June 16, 1999 Page 8 15. The following off -site improvements will be required for this project: a) Construct new sidewalk along the frontage of Corak Street; and b) Remove and reconstruct the damaged portions of the sidewalk along Ramona Boulevard; and c) Construct new curb and gutter; and d) Remove existing drive approaches not being utilized with full height curb and sidewalk; and e) Construct new drive approaches per approved plans; and f) Plant street trees along the entire frontage; and g) Install new or upgrade existing street lights along the frontage of the entire project; and h) Cold mill 2" of asphalt on Corak Street and overlay the same depth of asphalt concrete. 16, Fire flow required from public hydrants of 2,250 g.p.m.at 20 p.s.i. for 2 hours must be provided; and 17. Provide a key box as required by Fire Code 902.4 at the Vehicle access gates; and 18. Submit full architectural plans to the Los Angeles County Fire Department, Fire Prevention Engineering; and 19. That the applicant shall sign, have notarized and return to the Planning Division within 30 days after the date of approval by the City Council, an affidavit stating that the applicant has read, understands and accepts all conditions of approval; and 20. That the applicant shall comply with all conditions of approval within die year of the date of approval by the City Council or approval of this Development Plan shall become null and void. ATTACHMENTS: - Exhibit "A" Specific Plan SP 99 -1 - Exhibit "B" Development Plan, dated May 12, 1999 - Parking Analysis (C:lLarryiRFPORTStSP 99 -9June 16_dac) SP 99 -1, DR -11 June 16, 1999 Page 9 - Vicinity Map - Environmental Data - Application Form and Statement - Resolution (C.ALarrylREAORTSISP 99 -1 Junel5.da;) f �4 71 HUI Oil It { gal � a s ®` 011. i (CPS HUI Oil It { gal � a s z 0 uj LU III a LU 0 z 0 LU GATE __j DRAINAGE EASMEN7 tu a 0 w 0 U Z 9 ' �. INVA—Erky, Mom, ilill C Q 4j C CL CL cy) !+ W L T �_ q 'i^ 7+ _o a C0 S_ :3 ui ® C N Ui ca () N 45 -r- > �% (8 © CL ' L ® C c M .� N 411-3 {� a) L r 4- .� Q9 .e� () � CD L) ..�L ..�. V Cl) i9 LLI U) 0 U cy) ® U CL cl) > ,( Z Z Z Z t� CL. Z E -�- SPECIFIC PLAN SP 99 -1 1.0 INTRODUCTION 1.1 PURPOSE AND INTENT This Specific flan ( "PLAN ") is enacted pursuant to Section 65450 of the Government Code of the State of California and other applicable law. The purpose of this Plan is to provide for the development of a local and federally subsidized multiple residential family rental housing project on certain real property to which this Plan applies. This Plan will implement the objectives of the Housing Element of the City's General Plan. The Plan as such, will allow the site to be developed in accordance with the California Housing Finance Agency's, (CHFA) the California Tax Credit Allocation Committee's (TCAC) and the City of Baldwin l'ark's standards and applicable law. Except as expressly provided herein, this document incorporates by reference. all applicable standards and regulations. as set forth in the Baldwin Park City Zoning Regulations, ( "Code "), Pursuant to Section 153.017 (if the City's Code, the standards and provisions of this Specific Plan take precedence over any contrary provisions in the Code. 1.2 LOCATION AND SETTING The Site is Surrounded on the west by Francisquito Avenue, a gas station and nearby shopping center•, on the north by Ramona Boulevard, where office buildings lie immediately to the north of Ramona in the City of Irwindale and on the cast by Corak street which contains a mini market and residential development and on south by single family residential development. (Exhibits A and B). All necessary shopping, medical, commercial, Schools and recreational facilities are conveniently located within safe walking distance or are easily accessible by frequently operating public transportation provided by MTA 4490 and Foothill Transit #488 on Ramona Boulevard and the City shuttle. All utilities are available adjacent to the site on Ramona Avenue and are adequate to serve the proposed 71 -Unit project- The adjacent streets are adequate, with minimal off-site improvements necessary. An existing fire station is located within two miles, northeast of the site. Fire access throughout the site is provided per code to within I50 feet of all portions of the building. (C. iLarryIDOCUMEN nOthersiSP99 -1mod. doc) City (3f Baldivin Park Specific Plan SP 99 -1 May 12, 1999 Page 2 The Baldwin Park City Hall, with all of its administrative and public facilities, is located within 1.5 miles east of the TSA site and additionally the Community Center is located adjacent. The post office is also located within 1. "I miles of the site. The Los Angeles County Public Library is located within 1.5 miles of the TSA site on Baldwin Park Boulevard. 2.0 LAND USES Permitted uses allowed pursuant to this Plan shall be federally and locally (tax credit and tax increment set - aside) subsidized senior and family housing, units, together with accessory uses related thereto. 3.0 DEVELOPMENT F STANDARDS PURPOSES AND INTENT The provisions of this Plan have been established to provide for the orderly development of the Property. Application of the Plan is intended to protect the health, safety and welfare of the community. 3.1 DEVELOPMENT STANDARDS The following development standards shall apply to all lots located in the Plan area. 3.1.01 NEW CONSTRUCTION All construction on the Property shall comply with all applicable state laws in effect as amended from time to time except as expressly provided in this Plan. 3.1.02 MAXIMUM DENSITY The maximum density shall not exceed 25.9 units per acre. 3.1.03 MINIMUM FLOOR AREA Each dwelling unit must have and maintain a--minimum gross floor area as follows: a. One bedroom units: 550 square feet b. Two bedroom units: 750 square feet C. Three bedroom units: 1,100 square feet d. Four bedroom units: 1,250 square feet 3.1.44 LANDSCAPING The landscape required pursuant to this Plan is necessary to comply with the General Plan, and render use of the Property compatible with surrounding and adjacent uses. It is intended to preserve, when possible, existing trees which will add to the aesthetic quality of development. City (#Baldwin Park Mav 12, 1999 Specific Plan SP 99 -1 Page 3 A detailed landscaping and irrigation plan ( "PLAN -1., ") shall be submitted to the Planning Division for review and approval prior to the. issuance of building permits. The ( "PLAN -L ") shall conform to the landscaping requirements of CHFA/TCAC and the City's Design Review. The ( "PLAN -L ") shall provide for significant landscaping along the projects south boundary in order buffer the site from the adjacent residential community. Upon approval by the Planning Division of the Plan -L the landscape and irrigation shall be installed and permanently maintained in accordance therewith. No trees shall be removed without good cause, and only with prior written approval by the Planning Division. The development shall include a pool and spa for the exclusive use of the residents. 3.1.05 UNDERGROUND UTILITIES All utilities serving the site shall be underground. 3.1.06 SIGNS Signage shall conform to the RG and R -3 of the Baldwin Park Zoning Code, 3.1.07 HEIGHT OF BUILDINGS No building or structure shall be constructed of a height exceeding three stories or 35' -0" average height and will be at 40' -0 ", the highest point. Only two story buildings may be located next to neighboring residential areas, unless buffered by a 20' -0" wide alleyway and appropriate setback. 3.1.08 BUILDING LENGTH No building shall be constructed in excess of 115 feet in length, and buildings shall be articulated in separate masses to more appropriately reflect the scale of the neighborhood. -_ 3.1.09 PRIVATE OPEN SPACE Private open space is required for each unit by way of a patio or balcony. 3.1.10 WALLS AND FENCES Block wails and/or wrought iron fences shall be constructed along interior side and rear property lines. Said walls and fences shall not exceed eight (8) feet in height 3.1.11 YARD AREAS The following required yard areas shall be observed: a. Front yard: 15 feet minimum City of Baldwin Park May 12, 1999 b. C, d. Side yard: 15 feet minimum Rear yard: 6 feet (south property line). Rear Ailey: 2 feet Specific Plan SP 99 -1 Pace 4 Parking may be located in the required yard areas, but shall observe a minimum of two feet distance from any property line. Decorative fences and walls may be constructed within the required yard areas. The precise location and design will be subject to approval by the Design Review Committee, 3.1.12 OFF- STREET PARKING The off-street parking shall be provided at the following rates: a. Family units (including guest parking): 1.59 spaces /unit K Senior units: 0.5 spaces /unit 4.0 DESIGN GUIDELINES Building site and landscape design shall be in accordance with the attached Design Guidelines (Exhibit "C "). Design guidelines are regarded as an appropriate means of advancing Plan Area development goals. In particular, design guidelines can direct the Plan Area toward a more favorable development environment by disallowing poor design solutions and encouraging superior design practices. Nonetheless, the applicable criteria are intended to express "Intent" rather than absolutes, thereby allowing a certain degree of flexibility as well as promoting creativity and innovation. Deviation from the guidelines shall be considered by the Design Review Committee, however any, deviations must exhibit a superior approach to fulfilling the intent, goals, and objectives of the Design Guidelines. 5.0 DEVELOPMENT PROCEDURES After adoption of the Plan by the City Council of the City, no permit or entitlement shall be issued for the construction or placement of any new building, use or structure or any addition to existing building(s) or structure(s) on the property until such development has been considered and approved in accordance with the following procedure: All development proposals shall initially receive approval from the Design Review Committee followed by tile submission of an application for approval of a development plan, Design Review and development plan applications shall be processed and approved in the manner provided in the Code. 6 -0 IMPLEMENTATION City of Baldwin Park ,Specific Plan SP 99 -1 l�fay 12, 1999 Page 5 The implementation of this Plan will be accomplished through the City's development review process, considering development plans from concept to construction drawings. Upon adoption of the Plan, developers and/or property owners may prepare and submit plans for development within the Plan Area. Development plans shall be prepared and submitted for review in conformance with the provisions of this Plan and the requirements of the City's Code. Project review shall progress as follows. The City's developed design proposal and no building permit will be issued until a proposal has received approval from the City's Plan/Design Review Committee. A more complete description of this process is provided as an attachment to the City's Plan/Design Review application form, and within tile City's Zoning Code (Section 153.656). Provisions for an appeal of the Design Review Committee decisions to the Planning Commission and City Council have been established. The intent of PlardDesign Review is to promote and enhance good design and site relationships in order to provide for more orderly development within the City, The overriding design principle as established by the City's Zoning Code (Section 153.659.B) is as follows: integrate the physical architectural element with the streetscape and to visually screen undesirable elements which as parking storage loading, refuse collection and similar areas from the view of access streets, freeways and adjacent properties. " While this is a general design principle, the attached set of design guidelines are provided as a necessary means of clarifying appropriate design solutions, as well as providing a more substantial basis for the design review of project proposals. Project proposals shall also submit an application for review of a development plan which shall be considered and approved by the City Council, following a recommendation from the City Staff and the Planning Commission. Typically, this procedure will follow Plan/Design Review and precede the submittal of construction drawing to the City's Building Division for Plan Check approval. Construction drawings shall be drafted in compliance with an approved development plan, Any other necessary entitlements (i.e. conditional use permit, variance, etc) will be considered in conjunction with the development plan. Environmental review in accordance with the California Environmental Quality Act (CEQA) will be provided for each project proposal within the Plan Area. Measures necessary to mitigate foreseeable environmental impacts shall be incorporated as a condition of approval of the development plan and /or other necessary entitlement. TO AMENDMENTS City of Bul&vin Park N v 12, 1949 Specific Non SP 99 -1 Page 6 The provisions of this Man., including -, but not limited to, the documents attached hereto as Exhibits "A -C" inclusive, may be amended in the manner provided in Section 65450 of the Government Code as it now exists or as it may hereafter be amended Exhibit "A" - Area Map Exhibit "B" - Legal Description - see attached Exhibit "C" - Design Guidelines EXHIBIT "A" AREA MAP N EXHIBIT "A" AREA MAP Not to The to Site Scale I Cifr of B.IJ —in Park EXHIBIT «B" LEGAL DESCRIPTION EXHIBIT "B" LEGAL DESCRIPTION PARCEL 1: LOT 7 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 295 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOTS 8, 9, 10 AND 11 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,' AS PER MAP RECORDED IN BOOK 295 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ALL PRECIOUS METALS AND ORES AS CONTAINED IN DEED OF PARTITION OF THE RANCHO LA PUENTE BETWEEN WILLIAM WORKMAN -AND JOHN ROWLAND, RECORDED IN BOOK 10 PAGE 39, ET SEQ. OF DEEDS. PARCEL 3: LOTS 12 AND 13 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 295 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ALL PRECIOUS METALS AND ORES AS CONTAINED, IN DEED OF PARTITION OF THE RANCHO LA PUENTE BETWEEN WILLIAM WORKMAN AND JOHN ROWLAND, RECORDED IN BOOK 10 PAGE 39 ET SEQ. OF DEEDS. PARCEL 4: LOT 98 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 195 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING 'THEREFROM THE "PRECIOUS METALS AND ORES THEREOF ", AS EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN, IN THE PARTITION DEED RECORDED IN BOOK 10 PAGE 39 OF DEEDS. PARCEL 1: LOT 14 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 295 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARCEL 2: LOT 15 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 295 PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 18 OF TRACT NO. 12441, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 295, PAGES 14 AND 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF EXHIBIT «C7, DESIGN GUIDELINES 1. Building design shall avoid large monotonous facades, long straight line building fronts, plain box shapes, and barren exterior treatment. 2. The roof lines of individual buildings should be varied, to reduce building mass. 3. Occasional building modulation (changes in depth and direction) should be used to provide shade, shadow and visual relief by varying setbacks and roof configurations to eliminate continuous uninterrupted walls and rooflines. Building setbacks should increase with the height of the buildings; i.e, when possible, the second and third stories of a building should be setback further than the first floor. Alternatively, the entire building should be setback further from the adjacent property lines. Common open space areas should be centrally and conveniently oriented and should contain amenities appropriate to the project's size and tenant mix. This shall include a community room, laundry and computer room. A pool and spa should also be provided. b. The number of driveway aprons shall be minimized for aesthetic purposes, to achieve efficient and productive use of paved accessways and to eliminate traffic hazards. The relocation of a portion of the alleyway and elimination of part of the existing alleyway shall not result in more than one curb cut to 1~ rancisquito. A maximum of 3 curb cuts on Ramona Boulevard and one curb cut on Corals are to be provided. 7. Driveway areas should contain design features including landscaping and textured paving. When possible, landscaped islands should be incorporated into the driveway entry area to separate driveway lanes for ingress and egress. 8. Parking areas shall be screened from the street by a combination of a 3'-0" to 8' -0" high decorative block wall and/or landscaping. 9. Windows, doors, stairways, balconies, chimneys and other architectural features shall be treated in a decorative manner, consistent with the overall architectural theme, to break up the monotony and add variety. For example, plain aluminum frame windows should be avoided and multi - paned, octagonal, bay, greenhouse, circular or other decorative styles should be used in their place. 10. All mechanical equipment including utility meters and transformers shall be screened as an integral part of the building design and should not look like a "tacked on" addition. Roof mounted equipment should be avoided. 11, Building materials should be selected for their architectural harmony, and aesthetic quality. A variety of harmonious materials should be used to avoid monotony. For example. stucco walls should include trim of other materials such as brick., rock, tile, or wood. 12. Roofing materials should consist of ceramic or concrete tile. Asphalt composition shingles should be avoided. 13. Perimeter walls should be constructed of decorative concrete block (i.e. stucco coated with brick cap or the trim or other treatment), brick, stone, or wrought iron so as to be consistent with and complement the building's architectural style and colors. 14. Building wall colors should be off - white, light earth colors or similar muted tones. Garish, non - harmonious, or out -of- character colors should not be used. 15. The design of accessory structures, including but not limited to laundry rooms and recreation rooms, should be harmonious with the architectural style and colors of the principal buildings. on the site. 16. Long straight pedestrian walkways should be mitigated through offset, curvilinear approaches and changes in textures and/or colors. 17. Decorative treatment of trash collection areas should be used to minimize the adverse visual impact of these areas. For example, trash enclosure walls could be stucco coated with the trim and combined with a the roof or wood trellis to match the building's architecture. Also, significant landscaping could be planted adjacent to the trash area to help soften its visual impact and to shade these areas from the sun. 18. Landscaping shall be an integral part of the site design. Significant mature trees shall be preserved. Berming is encouraged within the required yard areas adjacent to the street. Landscape plans should be prepared by a landscape Architect or other qualified person with extensive experience in the field of landscape design. 19. A variety of landscaping materials, textures, colors, and FORMS shall be used, including trees, shrubs, ground cover, flowering plants, boulders, rocks, walls, textured surfaces, trellises and other elements. Drought resistant plants are recommended. 20. All landscape areas must be separated from vehicular areas by a 6 -inch concrete curb. 21. The design of all exterior light fixtures should be compatible with the building's architecture. 22. Parking areas, driveways and pedestrian areas shall contain automatically controlled lighting. 23. Parking areas shall be designed to avoid awkward turning maneuvers and the backing of vehicles into public streets. SURVEY OF PARKING PROVIDED AND USED The following documentation is intended to substantiate the reduced parking levels requested in this application. Exhaustive surveys of similar developments including large family units have resulted in the passing of an ordinance in Los Angeles to permit required parking levels more consistent with the actual levels of use. Thomas Safran and Associates has informally surveyed its own buildings throughout its portfolio from Torrance through Carson, Lakewood, Marina del Rey, Sun Valley, Hollywood, La Mirada and West Covina and the results mirror these found in the attached survey. CETY PLANNINC, COMMISSSON GEORGE LEFCOE PRESj OENr ROBERT L. SCOTT v!CF- PRESIDENT LES HAMASAKI MARNA SCHNABEL ANTHONY N.R. TAMORA RAMONA HARO SECRETARY (2 1 3) 580-5234 January 4, 1996 To Rom SUBJECT: CITY OF L..OS ANGELES CALIFORNIA All Interested Persons OGhbED t'1 RICHARD J. RIORDAN MAYOR Helene T. Bibas, Associate City Planner Citywide Division, City Planning Department OEPAPTMENT pC CITY PLANNING 221 N F_t EROS. ST"EE- LCS ANGELES CA 90012 2601 EXECUTIVE OFFICES _ 16TH FLOOR CON HOWE OtRECTOR (2 € 3) 580-1160 FRANKLIN P. £BERNARD DEPUTY DIRECTOR (213) 580.1163 GORDON B. HAMILTON OEPUTY MRccTOR (2 0) 31 580.1 1 65 ROBERT H. SUTTON' OEPUTY 01RECTOR (2 13) 580.1167 FAX: +2131 580-1 1'76 INFORMATION (2131 580-t 172 AFFORDABLE HOUSING INCENTIVES PROGRAM ORDINANCE AND IMPLEMENTING ADNUNISTRATIVE GUIDELINES Enclosed you will a copy of the Affordable Housing Incentives Program Ordinance (No. 170,764) and a copy of the Affordable Housing Incentives Guidelines. The Affordable Housing Incentives Program Ordinance, effective December 29, 1995, codifies City procedures for implementing State density bonus provisions for the first time and: establishes a new by -right process for granting density bonuses for new and existing buildings of up to ?5% provided that the development standards outlined in the Affordable Housing Incentives Guidelines are met; institutes a conditional use permit process that continues discretionary review by the City Planning Commission for projects requesting density increases in excess of 35 percent while changing existing practices by: eliminating systematic referral and final decision - making by Council; as with any other Conditional Use Permit process, City Planning Commission decisions on density increases are final unless appealed to City Council; k • equalizing the filing fee for Conditional Use Permit for density increase requests with all other application fees for Conditional Use Permits; _. • allowing deferment of Planning Department tiling fees up to the time of issuance of a Certificate of Occupancy; grants rounding up of fractional density calculations for affordable housing deveioaments; and proposes parldng reduc:bon incentives for affordable units citywide. The Affordable Housing Incentives Guidelines are designed to assist applicants in taldng sisll advantage of the incentives ,program. They explain the application process and include development and design standards to ensure com[m6bility with the existin7 guilt environment and to promote high quality construetinn. For rjrthcr information , please contact Terry 5peth or myself at 237-0136. PUBLIC 7^UNTER & C':+NSTRUC71ON SERVICES .;£yTEP -7 b Reduced parl,.inga rc _ments for the restricted dwellinf ** Parking requirements for each restricted affordable dwelling unit is as follows: 1.00 parking space per dwelling unit irrespective of the number of habitable rooms for a project located within 1,500 feet of a mass transit station or major bus routes • 1.00 parlang space per dwelling unit for restricted affordable dwelling units with 1 and 2 habitable rooms 1.50 parking space per dwelling unit for restricted affordable dwelling units with 3 or more habitable rooms • 0.50 parking space per dwelling unit or guest room for dwelling units restricted to senior citizens and /or disabled • 0.25 parking space per dwelling unit for single -room occupancv hotels, with a minimum of 5 parking stalls per facility. Guidefl cs adopted by City Planning Commission on 12.11 -19, ?sae a —Tice parking reduction is "by ric_ht ". subject to conformance with the applicable conditions stipulated in the Affordable Hoitsinro L]c;entives Program Application. Any request for a parking reduction in excess of that permitted ui the Affordable Hotisin, [netntives Application shall be processed separately for discretionary action through the Department of City Plamin,. C. Waiver a The requirement to provide guest parking is waived for only restricted dwelling units. Market rate dwelling units shall comply with the parkinor requirements as specified in the Zoning Code. t - off-IrTS-t-Iff The application and environmental fees (Department of City Planning) may be deferred up to the time of the issuance of any Certificate of Occupancy. However, fees must be paid for services performed regardless of project outcome. Projects providing affordable housing will receive expedited processing as currently available. f 1 a a 100 �br a a 3 a a a a a a c i k V S2 5t V v V V U zzz00NSn3 a 6 C C.0. 0.b0.[?.0.0. 0.0 iR (V ih !7 h T. ne C - ��rr vii tip Y�3 p III �O i !'7 IIiII] lO ��ff77 !P I`. C'S iv tv P7 f bt N C'1 N ��IIYY C7 sA CL IT o •"4ii f7�14 U,1hID Ql�r P.�- w.�-�w �MNFJ9 Vin R lV y A n ir+ o n � -O e D _® f Z v a 0 U Family Housing Occupied Vacant % Developments Parkin Parkina Vacant Area oberta Stephens 30 32 62% S Central ,asa Esperanza 12 8 40% S Central s Dunning Apts 28 14 33% Hollywood Nuevo Pico Union 10 10 50% Pico Union Harmony Village 25 11 31% N Hollywood Gentry North 5' 0 0% N Hollywood Gentry Village 3 3 50% N Hollywood Casa Central 5 1 17% S Central Casa Figueroa 3 5 63% S Central MLK Jr. Village 5 0 0% S Central i Strong Residence 3 9 75% S Central ? Cochran Villa 20 0 0% W Adams 3 Casa 1 36 21 37% Pico Union t Casa If 38 14 27% Pico Union i Casa Familia 12. 0 0% Pico Union i Greenview Village 47 12 20% Pico Union Hacienda I 11 5 31% Pico Union I Hacienda It 8 7 47% Pico Union Pico Union Manor 3 1 25% Pico Union Pico Union Terrace 3 1 25% Pico Union Pico Union Plaza 36 20 36% Pico Union ' Pico Union Square 8 3 27% Pico Union Square If 5 5 50% Pico Union Yorkshire Terra6e 15 8 3S% Pico Union �,entrai Ave. Viiia 20 iU ill% 6 Central AL DEVELOPMENTS: 25 )TAL UNITS 418 )TAL PARKING SPACES 617 �TAL VACANT SPACES 210 RKING SPACE = 350 SQUARE FEET /SPACE iTAL SQUARE FEET OF VACANT PARKING SPACES = 79,100 R LARD Parking : ,rvey Non- Profit Developments Anril 1 qq3 NAME & ZIP CD TYPE INCOM # # PKG # 9n NO # CARSI ADDRESS CODE # LEVEL UNITS SPACE USED USED HSHLD Pica Union Manor 90015 1 Family VL & L 4 4 3 25% 0.75 1349 S Union Ave Pico Union Terrace 90015 1 Family VL & L 4 4 3 25 0.75 1542 S Union Pico Union Plaza 90015 1 Family VL & L 38 56 36 369 0.95 1111.1133 W 17th St 1620 -1630 S Burlin on Pico Union Square 1 90015 1 Family VL & L 10 11 8 27% 0.80 1421 -1435 S Toberman Square 11 90015 1 Family VL & L 8 10 5 50 0.63 1430 -1444 S Toberman Yorkshire Terrace 90015 1 Family VL & L 18 23 15 35 0.83 1033 S 8urlin on Central Ave. Villa ' 90011 1 Family VL & L 20 .40 20 509' 1.00 4051 S Central Ave tVnppw*,wg1 COUNT 25 TOTAL AVERAGES: 17 25 16 33% 0.93 L.AH® !Parking burvey Non-Profit Developments a-d inn', NAME 8 ZIP CD TYPE INCOM # # PKG # % NO # CARS/ ADDRESS CODE # LEVEL UNITS SPACE USED USED HSHLD Roberta Stephens 90011 9 Family VL & L 40 78 30 fit 0.75 1035 E 27th St Casa Esperanza 90011 9 Family 70% -VL 10 20 12 40 1.20 206 E 23rd St 30% -L Dunning Apts. 90028 13 Family 31% -VL 26 42 28 339' 1.08 5552 Cartton Way 62% -L 7 % -M Nuevo Pico Union 90015 1 L 16 20 10 50% 0.63 1032 Beacon 1655 W 1 1 th St 1335 W 9th St 1349 Westlake St Harmony Village 91601 4 Family VL & L 18 36 25 31% 1.39 5321 Harmony ANio Gentry North 91605 2 Transitional VL & L 5 5 5 0 1.04 6846 Gent Ave Gentry Village 91605 2 Family VL & L 3 6 3 50% 1.00 6842 Gentry Ave Casa Central 9o0i 1 9 Family VL & L 6 6 •5 17% 0.83 1120 E 32nd St Casa Figueroa 90037 9 Family VL & L 4 8 3 63% 0.75 4433,S Fi ueroa MLK'Jr. Village 9=7 9 Family YL —&L 7 5 5 0.71 40th Place & Hoover Strong Residence 90057 1 Family VL & L 6 12 3 75% 0.50 826 S Coronado Cochran Villa 90016 10 Family VL & L 10 20 20 0 2.00 2928 Redondo Blvd Casa 1 90015 1 Family VL & L 44 57 36 37%; 0.82 1102 -1132 W 17th St 1115 -1142 W 18th St 1619 -1737 S Union 1808 S Burk on Casa 11 90015 1 Family VL & L 41 52 38 27% 0.93 1317 -1428 1/2 S Toberman 1420 -1426 S Union 1432-1438 S Vahmda - 1550- 1 554 14th St Casa Familia 90015 1 Family VL & L 8 12 12 0 1.50 730 -736 V2 E Adwn Greertview V 90015 1 Family VL & L 48 59 47 2 0.98 102 -318 S Groan Aw Hacienda t 900i5 1 Family VL CC 14 16 11 31% 0.79 1138.1 140 1/2 W 17th St 1122 -2128 S Hoban Hacienda 11 90015 1 Family VL & L 10 15 8 47 0.80 1043 -1045 W 17Th St - 1412 -1418 S Manhattan 1628 -1634 S Union k; H (u,) sC-l- ,f CZ 'f I � 1 CITY OF IRWIMDALE 3703 3703 666 61 11 PLANNING OIVIS DN �)ubject Pr 0 0 0 r Vicmity r. p N w to Scale Date: Nbrch 10, 1999 Case: SP99 -01 Address: 13022 -13062 Ramona Boulevard, 13122 Corak Street and 13043 Francisquito Avenue -3 City of Baldwin Perk IL I DATE: May 19, 1999 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Specific Plan and Development Plan FILE NO.: SP 99 -1 & DR -I 1 LOCATION OF PROJECT: 13022 -13062 Ramona Boulevard, 13122 Corak Street and 13043 Francisquito Avenue DESCRIPTION OF PROJECT. A Specific Plan and Development Plan to allow the construction of a 71 unit affordable lousing development. It is the opinion of the Zoning Administrator Planning Commission ® City Council [-1 Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures M Are attached ® Are not required (Signature) &!/I PIA (Title) Date(s) of Public Notice: February 17, 1999 Legal advertisement Posting of the properties ® Written notice (C:1LarryICEQA\NECs DEC: SP 99- 1.doc) CITY OF BALDWIN PARK INITIAL STUDY I. BACKGROUND 1. Name of Proponent: Thomas Safran & Associates 2. Address and Phone Number of Proponent: 11812 San Vicente Blvd, Suite 600 Los Angeles, CA 90049 (310) 820 -4888 3. Date of Checklist Submitted 4. Agency Requiring Checklist: 5. Name of Proposal, if applicable: February 11, 1999 City of Baldwin Park Specific Plan, Parcel Map, alley vacation and Development Plan to permit the construction of a 71 -unit apartment development for low - income families. 6. File Number: SP 99 -1 & DR -11 II ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? 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? 3.) Water. Will the proposal result in X changes in ground water quality or quantity, or in alterations of existing drainage patterns? (C. ILarrylCEQAVS- SP99 -1 doc) INITIAL STUDY SP 99 -1 & DR -11 PAGE 2 Issue . potentially PotentiaCly Less Thar No .. Signifcant Significant S>gn ficant impact [mess Im,paat Mitigated 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 X new light and glare? 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 X resource? b. Substantial depletion of any X nonrenewable natural resources? 9.) Risk of Upset. Does the proposal involve a X risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the X location, distribution, density, or growth rate of the human population of an area? 11.) Housing. Will the proposal affect existing X housing, or create a demand for new housing? 12.) Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to X present patterns of circulation or movement of people and/or goods? b. Effects on existing parking facilities, or X demand for new parking? c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X INITIAL STUDY SP 99 -1 & Dfi -I1 PAGE 3 Issue' :Potandilli Potentiially Lest, Than Sig>rxifica Sgn,ticant S,giificant ; . Impact Unless Impact iti ated 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 d. Parks or other recreational facilities? X e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a X substantial increase in the use of energy? 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 X the creation of any health hazard or potential 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? 1$.) Archeological /Historical. Will the proposal result in an alteration of a significant X archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. a. Does the project have the potential to X 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 INMAL STUDY SP 99 -1 & DR -11 PAGE 4 Issue: Potentially Potentially. Less Than Pln Si nificant si n�ficant Sl niitcant ltnpact Unles s . P ct Litigated 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 X 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). c. Does the project have impacts which are X individually limited, but cumulatively considerable? {A project may impact on two or more separate resources where the impacts on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? 1NMAL STUDY SP 99 -1 & DR -11 PAGE 5 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 the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there wil€ 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 X DECLARATION WILL BE PREPARED. Date: FebruaU 16 1999 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) City Planner (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION Earth The topography of the property is relatively flat and the area is suited for grading. The project will result in minor grading for the preparation of building sites and excavation of utilities. Landslides and surface soil failures do not represent significant gedtechnical constraints to the project. b. The project will result in the removal of a 1,007+ s.f. single - family residential structure built in 1949 and 3,600+ square foot commercial building built in 1956. The site will be cleared to accommodate a 71 -unit apartment building for low- income families. The project will have substantial open space areas, which will be landscaped to allow for the absorption of surface water. The site is served by a storm drain system, which provides protection for the subject site and general area. INITIAL. STUDY SP 99 -1 & DR -11 PAGE 6 c. The project site is located in a relatively flat, urbanized area with a very low potential for wind and water erosion of soils. Southern California is considered a seismically active area and contains a number of active potentially active, and inactive faults. There are no known faults passing directly within the site, and the occurrence of direct ground rupture is not likely. The project will expose additional people to ground shaking from earthquakes due to the additional housing stock provided to the area. However, the potential is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. Further standard building code provisions provide protection form ground shaking, and the project is subject to the standards of the Uniform Building Code. 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. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout out the region. The Southern California Association of Governments and the South Coast Air Quality Management district have adopted a South Coast Air Quality Management Plan (SCAQMP), and the proposed project is consistent with that plan. The project will not have a significant impact upon air quality; however, there will be a temporary increase in air pollutants emissions during the construction phase. Construction dust and air pollution will be reduced to a less that significant level with mitigation measures. Mitigation Measures. Measures to reduce air pollution include the following: 1) That the applicant adhere to applicable SCAQMD rules insuring the clean up of construction - related dirt on approach routes to the site. 2) That watering techniques shall be employed to partially mitigate the impact of construction - generated dust particles. 3) Maintenance and servicing of construction equipment to minimize exhaust emissions. 4) Halting of construction activities during Stage One and Stage Two smog alerts. 3. Water The project will result in an increase of impervious surfaces, though not to the extent that a project developed under the existing zoning designation (retail commercial). This coverage may result in an increase in the amount and speed of runoff during storms; however, the site is adequately protected by a storm drain system that serves the area. 4. Plant and Animal The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. 5. Noise a) Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall noise levels to an acceptable range. Increased population and development will result in INITIAL STUDY 5P 99 -1 & DR -11 6. 7. PAGE 7 increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.) This increase is considered to be less than significant. b) The existing and anticipated future noise levels from vehicle traffic along Ramona Boulevard and Francisquito Avenue are considered incompatible for residential uses unless mitigated. The applicant shall conduct an acoustical engineering study to assess existing noise levels. Where necessary to mitigate excessive noise, including but not limited to along Ramona Blvd., Francisquito Ave. and Corak St., S.T.C. rated glass shall be installed. Double -pane glass shall be used for all other windows. Light and Glare Lighting throughout the project site must comply with City Standards intended to promote public safety. Lighting in the project site will include additional parking lot lights and exterior residential lighting covering the pedestrian paths and open space areas. Street lighting levels are generally low in residential areas and on -site lighting will be shielded, pursuant to the standards of the Municipal Code, to prevent excessive light and glare from spilling over to the adjacent residential properties to the south. Land Use The site is mostly vacant, with a 1,007} s.f. single - family residential building on Francisquito Avenue, and a 3,600} square foot commercial building on Ramona Blvd. The proposed project would involve demolishing the residence and commercial building, and the construction of 71 apartment units for low- and very low- income families. The proposed project would result in an alteration of the planned land use of the Ramona Blvd. portion of the site. The current General Plan Land Use designations for the site are General Commercial for the parcels fronting Ramona Blvd; and Single - Family Residential for the lots fronting Corak St. and Francisquito Ave. However, the proposed multi - family residential use of the land is consistent with the proposed General Plan 2020 Land Use designation. Natural Resources Natural resources will be used for construction materials, but the project will have no significant increase in additional energy usage. 9. Risk of Upset The proposed residential designation will not hazardous materials. Therefore, there are no this project. 10. Population allow for the use, storage or transportation of potential hazards or risk of upset associated with The construction of 71 units will increase the population of the area by up to 305 persons. The increase in population should not create a significant impact. The added units and increase in population are, in part, the result of action by the City's Redevelopment Agency resulting in the demolition of low- income units within certain redevelopment project areas to make sites available for non - residential development. To date the Agency has demolished residential units consisting of 145 low- income bedrooms, 112 very low- income bedrooms, and 15 moderate - income bedrooms. Under Redevelopment Law, the City is obligated to replace these units,.although up to 25% of the INITIAL STUDY SP 99 -1 & DR -11 low- and very-low income units may be replaced 61 low, and 35 moderate- income bedrooms hav e very-low, 48 low, and 44 moderate units. PAGE 8 with moderate - income units. Only 75 very-low, been replaced so far, leaving a balance of 9 This project will be credited toward replacing 31 very-low and 131 low- income units demolished as a result of redevelopment activity. The project is receiving financial assistance from the Redevelopment Agency in order to help build the replacement units. Because these new units are considered replacement units, it is appropriate to view the anticipated population impact as a transfer from one area of the city to another. 11. Housing The project will increase the housing stock of the City, and provide for affordable housing opportunities to low - income families. The construction of 71 low - income apartments will assist the City in providing replacement housing for low- income units demolished as a result of recent redevelopment activities. Many of the units demolished were in poor condition and had suffered from overcrowded conditions. This project will provide much improved housing to families that previously resided in substandard housing. 12. Transportation/Circulation a) The project will result in an increase in traffic on Ramona Boulevard, Francisquito Avenue and Corak Street. The project is expected to generate approximately 40 additional a.m. peak hour vehicle trips, and 69 p.m. peak hour trips. Vehicular access to the site will be from Corak Street and Ramona Boulevard; no driveways will be provided off of Francisquito Avenue. The following table projects anticipated vehicle traffic of the proposed project as compared to the anticipated traffic that would be generated if the property is developed with a retail commercial use. Trip Generation Per dwelling unit 53% 47% Apartment (220) Av rate Trips Ramona Corak am peak 0.56 39.8 21 19 pm peak 0.69 49.01 26 23 Weekday 6.47 459.4 243 216 Ramona frontage lot area 88,460 Potential retail floor area 22,115 Specialty Retail Per 1000 sf leasable area am peak 6.41 141.8 75 67 pm peak 4.93 109.0 58 51 Weekday 40.67 899.4 477 423 When compared to the amount of traffic that would have been generated had the site been developed with a commercial shopping center, the anticipated traffic is expected to be minimal. This amount of traffic is substantially less than the 142 am peak and 109 pm peak hour trips that would be generated if the site were developed with commercial uses, as currently permitted under the existing zoning and General Plan designations. Ramona Blvd is a 4 lane divided highway with an estimated roadway capacity at LOS "E° of 31,250 daily vehicles. The existing (1998) estimated average daily traffic along this portion of Ramona Blvd is 27,000 (V /C 0.86, LOS "D "). Ramona Blvd. has the capacity to handle the projected traffic generated by the proposed project without exceeding the estimated roadway capacity at LOS "E ". The Ramona /Corak intersection is a non - signalized °T" intersection that currently accommodates turning movements without major conflicts or hazards. The proposed project will result in a slight increase in left turn movements from Corak St. turning west on Ramona, and from Ramona Blvd. turning south on Corak St. The amount of additional left turn traffic at INITIAL STUDY SP 99 -1 & DR -11 PAGE 9 this intersection should not result in a significant impact. However, a warrant study should be conducted to determine if a traffic signal should be installed. The realignment of the alley will result in a slight alteration of the circulation pattern serving the residential neighborhood to the south. As proposed, the 13100 -13200 block of Corak Street will no longer have direct access to the alley. In instead, a few residents will have to travel south to Athol Street, then north as much as 900 feet to access the rear garages. The realignment will also prevent vehicles from taking inappropriate short cuts through the alley between Corak St and Francisquito Ave. The proposed realignment is not considered to have a significant impact on the circulation system of the neighborhood. Mitigation Measures.- A warrant study for traffic signal will be required for the intersection of Corak Street and Ramona Boulevard. If warranted, the applicant shall be responsible for the , installation of the traffic signal at this intersection b) One hundred thirteen (113) on -site parking stalls will be provided for the residents and guests of the '71 units. This amount of parking translates to a rate of 1.6 spaces per unit, which is 62% of the Municipal Code average parking rate of 2.56 spaces per unit for this project. An analysis of similar low - income apartment projects, submitted as a supplement to this application reveals that the anticipated actual resident parking needs are approximately .93 spaces per unit. City shuttle and Foothill Transit service is provided along Ramona Blvd and Francisquito Ave. with bus /shuttle stops located within easy walking distance from the property. The availability of public transportation reduces the dependence on private vehicles and reduces the demand for parking. The proposed reduction of on -site parking will allow a higher percentage of the site to be used a landscaped open space. No adverse impacts are anticipated. c) Class It delineated bike lanes exist along Ramona Blvd adjacent to the site. The design of the project limits the number of drive approaches to three on Ramona Boulevard, and one on Corak street (none on Francisquito Ave) thus minimizing potential traffic, bicycle and pedestrian hazards. 13. Public Services a) Police. Public services are already in place to serve this development. The project may result in some increase in police calls, although on -site supervision and security fencing should minimize such calls. The design of the project incorporates a number of "Crime Prevention Through Environmental Design" (CPTED) principles to reduce opportunities for crime. For example, the buildings fronting Corak St., Ramona Blvd., and Francisquito Ave. are designed with an "eyes on the street" orientation, with doors and windows facing the street without intervening walls. This type of building orientation provides for the natural surveillance of the streets and has proven to enhance public safety. b) Fire. The proposed project should not result in the need for new or expanded fire prevention facilities. c) Schools. The net impact of the project on school facilities should be minimal. If viewed as an isolated occurrence, the project would result in an estimated increase in population of up to 305 persons (71 units x 4.3 persons per unit) with up to 79 school -aged children (26 % of the total between the ages of 5 -18). However, when demolitions and population displacement within redevelopment areas are taken into consideration, the increase in school aged children can be considered a shift from one geographical area of the Baldwin Park Unified School District INITIAL STUDY SP 99 -1 & DR -11 PAGE 10 to another. Worst case scenario is that there will be a net increase of 79 school -aged children. The distribution of children by schools is expected to be as follows: , Elementary School: approximately 40 children; I Junior High School: approximately 17 children; and High School: approximately 22 children. Mitigation Measures: School development fees in the amount of approximately $142,500 ($1.93/s.f. residential; $.31 /s.f. non - residential) shall be paid to the BPUSD prior to final occupancy. These fees are considered to provide full and complete school facilities mitigation. Note: The estimated number of school -aged children was calculated based upon the 1990 Census percentage (26 %) of children between the ages of S — 18 in the City of Baldwin Park. d) Parks. Although residential development will increase the population at this location, the project is not expected to significantly impact the City's existing parks or recreational facilities. The City collects a Development Pee, which can be utilized to partially offset the potential impact of the proposed project. More importantly, the provision of well designed active and passive open space areas within the project will lessen the need for residents to use City public parks. The project will have its own self - contained community center equipped with meeting rooms and computer facilities. Adjacent to the community center will be a pool and spa for exclusive use by residents and their guests. Two additional permanent park -like open space areas with play equipment and seating areas will be provided within the project. Finally, it is the desire of the applicant to set -aside one of the on -site parking areas (10 stalls) for recreation (basketball, etc) purposes. The applicant shall pay a development fee (estimated at $44,000) in accordance with the - City's fee schedule to partially off -set the impacts of the project on park and recreation facilities. On -site open space in excess of the minimum required by Code shall be provided. The minimum amount of common open space shall be 18,200 square feet with a minimum dimension of 20 feet. Within the open space areas, the applicant shall provide amenities including but not limited to: a pool, spa, community building, childrens play equipment, substantial tree planting and benches. 14. Energy A net gain of 71 residential units will increase the demand for energy. However, the proposed growth is a small portion of total regional growth and does not represent a significantly different energy use. The impact of this growth will not be significant. 15. Utilities a) The site is served by existing utilities. Overhead utility poles currently serve the site from the alley behind Ramona Blvd. This alley will be partially vacated and realigned with the utilities placed underground. No problems in providing services are foreseen. b) The site is currently being served by an adequate communications system. No problems in providing these serves are foreseen. c) The site is currently being served by and existing water distribution system. No problem in providing services is foreseen. d) The City's sewer system is maintained by the County Sanitation District, which provides an adequate system. No problems in providing services are foreseen. e) The project site is not within a flood zone area. The increase in impervious surfaces will marginally increase runoff form the project area. The proposed project will be required to provide satisfactory drainage to available storm drains. INMAL STUDY SP 99 -1 & DR -11 PAGE 11 f) A net gain of 71 residential units will increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level. Furthermore, when residential unit demolitions are taken into consideration, the net impact on a citywide basis will be negligible. 16. Human Health The development of the proposed project does not involve unique or unusual human health concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17. Aesthetics The project will not result in the obstruction of any scenic views open to the public. Through the Design Review process, the project has been designed so as to ensure that no aesthetically offensive site, building, or mechanical equipment will be open to public view. Further, the project is compatible with the surrounding adjacent properties and consistent with the Design Guidelines developed by the City. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on 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 less than significant. 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. INITIAL STUDY SP 99 -1 & DR -11 ENVIRONMENTAL INFORMATION FORM Date filed: February 16, 1999 General Information 1. name and address of developer or project sponsor: Thomas Safran & Associates 11812 San Vicente Blvd. Suite 600 Los Angeles, CA 90049 PAGE 12 2. Address of project: 13022 -13062 Ramona Boulevard., 13122 Corak Street, and 13043 Francisquito Avenue, Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8552- 001 -001, 8552- 001 -006, 8552- 001 -007, 8552- 001 -012, 8552 -001 -027, 8552 - 001 -029, 8552- 001 -031, and 8552 -001 -032 Name, address and phone number of person to be contacted concerning this project: Lawrence Onaga, City Planner, Planning Division, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261. 4. Indicate the number of the permit application to which this form pertains: SP 99 -1, DR -11 5. Dist and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Public approval by the Planning Commission and City Council for the specific plan and development plan. A parcel map is required in order to consolidate the eight parcels. An alley vacation permit is required to vacate and re -align a portion of the existing alley that serves the current land uses. A disposition and Development Agreement will be required for the purchase of the Francisquito property. Existing zoning. district: C -2, General Cmmercial R -1, Single - Family Residential 7. Proposed use of site (Project for which this form is filed): Development of 71 apartment units for low - income families. -. The proposed project involves the demolition of the existing "Hoosier Bar" building and small single - family home on Francisquito that was last used as a lawnmower repair shop. The eight parcels and a portion of the existing alley will be consolidated to form a 120,245 square foot (2.77 acres) development site. The combined site will have frontage on Ramona Boulevard to the north, Corak Street to the east, and Francisquito Avenue to the west. Vehicular access will be provided from Ramona Boulevard for residents and guests, and Corak Street for residents only. The proposed housing development consists of twelve (12) two to three story residential buildings housing 71 unit, and a multi- purpose community center building. The parking will be open surface parking clustered in two locations: at the southeast corner of the site adjacent to Corak Street; and at the northwest corner of the site adjacent to Ramona Boulevard. INITIAL STUDY SP 99 -1 & DR -11 ENVIRONMENTAL CHANGES PAGE 13 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 F114 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 75,000 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A 71 -UNIT SENIOR AND FAMILY AFFORDABLE APARTMENT DEVELOPMENT (APPLICANT: THOMAS SAFRAN AND ASSOCIATES; LOCATION: 13022 -62 RAMONA BOULEVARD, 13122 CORAK STREET, AND 13043 FRANCISQUITO AVENUE, CASE NO.: SP 99 -1 AND DR -11). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications ( "Applications ") for a Specific Plan and a Development Plan were submitted on behalf of the owners of certain real property, located at 13022 -62 Ramona Boulevard, 13122 Corak Street, and 13043 Francisquito Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and b) That the Specific Plan and Development Plan are requesting approval to allow the construction of a 71 -unit senior and family apartment development pursuant to Government Code Section 65450; and C) That on May 12, 1999, a duly noticed public hearing was held on said Applications by the Planning Commission, and based upon evidence - presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approve the Specific Plan and Development Plan; and d) That a duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the Specific Plan and Development Plan should be approved. SECTION 2. That Specific Plan, as herein described be, and the same hereby is approved, and that the Development Plan, as herein above described be, and the same hereby is approved subject to the following conditions: a) That the subject Property shall be developed and maintained in substantial compliance with Exhibit "B °, dated May 12, 1999; and b) That the applicant shall submit a colors and materials board to the Planning Division for review and approval; and c) That a landscape and irrigation plan must be submitted for review and approval to the Planning Division prior to the acceptance of building construction plans for Plan Check. Once installed, all landscaping must be continually maintained and preserved in accordance with the approved landscape and irrigation plan. No trees shall be removed without good cause, and only with prior written approval by the Planning Division; and Resolution No. 99 -37 June 16, 1999 Page 2 d) That the following information must be provided upon the plan check submittal: i) Three sets of Architectural plans and one extra site plan for the Fire Department; and ii) Three sets of plans for the City; and iii) Two sets of the following are required: (a) Soils reports (b) Structural calculations (c) Title 24 energy calculations (d) Mechanical, electrical and plumbing plans. e) That the applicant shall conduct an acoustical engineering study to assess existing noise levels. Where necessary to mitigate excessive noise, including but not limited to along Ramona Blvd., Francisquito Ave. and Corak St., S.T.C. rated glasa shall be installed. Double - pane glass shall be used for all other windows; and f) School development fees shall be paid to the Baldwin Park Unified School District prior to final occupancy; and g) A Parcel Map will be required to combine the lots; and h) The following plans must be submitted during the Plan Check phase: i) A Grading Plan, prepared by a registered Civil Engineer, shall be submitted for review and approval by the Engineering Division; and ii) A Plan for the proposed alley; and iii) A Sewer Plan. i) A hydrology study must be conducted in order to provide an adequate drainage system; and j) A warrant study for a traffic signal at the Corak Street and Ramona Boulevard intersection will be required to be submitted to the Engineering Division for review and approval. If warranted, the applicant shall be responsible for the installation of the traffic signal at this intersection; and k) The Ramona Alley must be vacated and sewer easement must be abandoned prior to any construction; and 1) All overhead utilities along the Ramona Alley must be placed underground; and m) The following off -site improvements will be required for this project: {i) Construct new sidewalk along the frontage of Corak Street; and (ii) Remove and reconstruct the damaged portions of the sidewalk along Ramona Boulevard; and (iii) Construct new curb and gutter and Resolution No. 99 -37 June 16, 1999 Page 3 (iv) Remove existing drive approaches not being utilized with full height curb and sidewalk; and (v) Construct new drive approaches per approved plans; and (vi) Plant street trees along the entire frontage; and (vii) Install new or upgrade existing street lights along the frontage of the entire project; and (viii) Cold mill 2" of asphalt on Corak Street and overlay the same depth of asphalt concrete. n) Fire flow required from public hydrants of 2,250 g.p.m. at 20 p.s.i. for 2 hours must be provided; and o) Provide a key box as required by Fire Code 902.4 at the Vehicle access gates; and p) Submit full architectural plans to the Los Angeles County Fire Department, Fire Prevention Engineering; and q) That the applicant shall sign, have notarized and return to the Planning Division within 30 days after the date of approval by the City Council, an affidavit stating that the applicant has read, understands and accepts all conditions of approval; and r) That the applicant shall comply with all conditions of approval within one year of the date of approval by the City Council or approval of this Development Plan shall become null and void. SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed Mitigated Negative Declaration of Environmental Impact. That the City Council, based upon its public review, does hereby find that said Mitigated Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act, and hereby adopts the Mitigated Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND APPROVED this 16*h day of June, 1999. Mayor Resolution No. 99 -37 June 16, 1999 Page 4 ATTEST: KATHRYN V. TIZCARENO, CITY CLERK 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 No. 9937 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on June 16, 1999, by the following vote: AYES : COUNCILMENBER: NOES COUNCILMENBER: ABSENT : COUNCILMENBER: ABSTAIN : COUNCILMENBER: KATHRYN V. TIZCARENO, CITY CLERK CITY OF BALDWIN PARK CITY COUNCIL AGENDA JUN 16 1999 mewA STAFF REPORT ?WWI) BALDW I N P T Ei K TO: City Council / Redevelopmen Agency Board of Directors FROM. Steve A. Cervantes, irector of Community Development DATE: June 16, 1999 SUBJECT: Development Agreement (DA) with Ken Spiker and Associates The purpose of this report is to outline the terms and conditions recommended in the proposed Development Agreement (DA) with the Ken Spiker and Associates, for the development and lease of City property. BACKGROUND Ken Spiker and Associates, Inc., or its successors in interest, is proposing the construction of a total of nine (9) new billboards. Three are proposed for the 1 -10 and the 1 -605 in the Delta Redevelopment Project Area; three are proposed on the West Side of the 1 -605 on the Edison Right of Way; and, three are proposed on the City property (Barnes Park) along the 1 -605. DISCUSSION The purpose of this agreement is to serve as an umbrella agreement for all nine bill boards. In addition, for zoning and land use approvals we are restricted in conditioning such development on specific term of use, payment of fees and additional requirements outlined in this Development Agreement. Terms of the Development Agreement Outlined below are the basic deal points outlined in the attached agreement. • That the term of the bill board sign shall be for twenty years from the date of issuance of the building permit; and • A one time payment of $50,000 per bill board structure shall be paid to the City; nine structures will represent a total of $450,000; and • That Ken Spiker and Associates will pay the City of Baldwin Park a fee of $10,500 per month, for the three structures on Barnes Park. The first two years monthly fees totaling $252,000 will be paid upon the issuance of the building permits; and 1 • 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 • That objectionable material determined by the city will be removed within a seventy -two hour period; and • That the City of Baldwin Park will be provided outdoor advertising space (two faces) for ninety days (90) days each year for a thirty (30) day period. The city would specify one year in advance which structure is desired and the time of each year and will specify the copy desired 60 days in advance of its being displayed. Copy desired by the City will be designed and produced by Ken Spiker and Associates, Inc. and be installed at no cost to the City; and • That Ken Spiker will plant vines to grow around the pole base to prevent Grafitti; • That Ken Spiker will install irrigation and landscaping for the adjacent Barnes ParkfCalTrans portion of the 1 -605 Freeway. In addition, they will provide landscape maintenance along that portion of the 605 Freeway to Ramona Boulevard every 90 days. RECOMMENDATION Staff and our Agency Counsel have reviewed the attached DA and supplementary documentation. If the Agency Board of Directors and City Council concur with staffs' recommendation, the appropriate motion would be as follows; 1. Approve Resolution No. 345 "A Resolution of the Redevelopment Agency of the City of Baldwin Park Approving a Development Agreement of and between the Redevelopment Agency of the City of Baldwin Park and Ken Spiker and Associates, Inc." 2. Approve Ordinance # "An Ordinance of the City of Baldwin Park Approving a Development Agreement of and between City of Baldwin Park and Ken Spiker and Associates, Inc." ATTACHMENTS Development Agreement #1 Resolution of Approval #2 Ordinance # #3 RESOLUTION NO. 345 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KEN SPIKER AND ASSOCIATES, PERTAINING TO THE LEASE AND DEVELOPMENT OF THE BILLBOARDS LOCATED BOTH WITHIN AND OUTSIDE OF DESIGNATED REDEVELOPMENT PROJECT AREAS WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency ") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Act "), the Agency and the Developer desires to redevelop certain Billboards on land within and outside of the designated Redevelopment Project Areas, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Sites;" and WHEREAS, the Agency proposes to enter into a Development Agreement (the "Agreement") with Ken Spiker and Associates., in substantially the form as attached hereto, concerning the real property generally located along the 1 -10 and 1 -605 Freeways; and WHEREAS, a notice of a public hearing of the Agency concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Redevelopment Agency as follows: SECTION 1. The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL. SECTION 2. The Agreement is consistent with the Agency's adopted AB1290/SB732 Implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be leased at current fair market value. SECTION 4. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. SECTION 5. The Agency Board consents to the Agency's authorization and direction RESOLUTION NO. 345 PAGE 2 to the Agency Executive Director to take such actions and execute such documents as may be necessary to implement and effect the Agreement on behalf of the Agency. Agency staff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 16th day of June, 1999. MANUEL LOZANO, CHAIRMAN ATTEST: James Hathaway, Agency Secretary RESOLUTION NO. 345 PAGE 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) I, James Hathaway, Secretary of the Baldwin Park Redevelopment Agency, do hereby certify that the foregoing Resolution NO. 345 was duly and regularly approved and adopted by the Redevelopment Agency at a regular meeting as provided by law of the Baldwin Park Redevelopment Agency held on the 16th day of June, 1999, by the following vote thereof: AYES: Members NOES: Members ABSTAIN: Members ABSENT: Members IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Agency on this 16th day of June, 1999. James Hathaway, Secretary Baldwin Park Redevelopment Agency 818784118? KEN SPIKER AND ASSC F -377 T -374 P -002 JUN 09 199 15:59 BALDil11'IN PARK OUTDOOR ADVERTISING STRUCTURES ; FEES AREA #1 - CLOVERLEAF: 3 STRUCTURES @ $50,000 EACH = $ 150,000 AREA #2 - BARNES PARK: 3 STRUCTURES @ $50,000 EACH = $ 150,000 MONTHLY FEE OF $10,500 PER MONTH x 20 YEARS = $2,520,000 (2 YEARS OF MONTHLY LEASE FEES TO Sr PAlb AT ISSUANCE OF PERMITS = $252,000) AREA #3 - SOUTHERN CALIFORNIA EDISON: 3 STRUCTURES @ $50,000 EACH. TOTAL $2,970,000 �eul 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: July 7, 1999 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 ............... ............................... 8 C. Hold Harmless ............... ............................... 9 D. Equal Opportunity ............ ............................... 10 E. Public Service Advertisement Space ............................. 1 I Section 11. Project Development .......... ............................... 11 A. Entitlement to Develop ........ ............................... 11 B. Permitted Density, Height and Uses ............................. 12 1. Surface Area .............. .............................12 2. Design of New Structures . ............................... 12 3. Repair and Maintenance .. ............................... 12 4. Advertising ............ ............................... 13 C. Ministerial Approvals ......... ............................... 14 D. Rules, Regulations and Official Policies .......................... 15 1. Applicable Rules ........ ............................... 15 2. Conflicting Enactments .. ............................... 15 3. Moratorium ............ ............................... 16 E. Permitted Conditions and Fees .. ............................... 16 F. Timing of Development ........ ............................... 16 G. Vesting of Developer's Rights ............................ . ..... 17 Section 111. Cooperation/Implementation .... ............................... 17 A. No Inconsistent Actions ........ ............................... 17 B. Further Assurances; Covenant to Sign Documents .................. 17 C. State, Federal or Case Law ..... ............................... 17 D. Other Governmental Bodies .... ............................... 18 E. Cooperation in the Event of Legal Challenge ...................... 18 Section IV. General Provisions ............ ............................... 19 A. Covenants Run with the Land ... ............................... 19 B. Transfers and Assignments ..... ............................... 20 C. Statement of Compliance ....... ............................... 20 D. Default .................... ............................... 21 E. Default by City .............. ............................... 22 F. Legal Action .................. .............................22 G. Waiver; Remedies Cumulative .. ............................... 22 H. Future Litigation Expenses ..... ............................... 23 1. Payment to Prevailing Party .............................. 23 2. Scope of Fees ............ .............................24 I. Effective Date and Term ....... ............................... 24 J. Supersedure by Subsequent Laws ............................... 25 K. Amendment of Agreement ..... ............................... 26 I. Operating Memoranda ......... ............................... 26 Section V. Miscellaneous .......................... , ................... 27 A. Negation of Partnership ........ ............................... 27 B. No Third Party Beneficiary ..... ............................... 27 C. Entire Agreement ............. ............................... 27 D. Seveirability ................... .............................27 E. Construction of Agreement ..... ............................... 28 F. Section Headings ............... .............................28 G. Applicable Law ................ .............................28 H. Notices ....................... .............................28 L Time is of the Essence ......... ............................... 29 J. Recordation ................... .............................29 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 16th day of June, 1999, 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 with 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 nine (9) locations on real property within City, more particularly described in Exhibits "A -1 " through "A -9 ", 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 nine (9) new Off-Site Outdoor Advertising Structures (hereinafter referred to collectively as "New Structures ") on the Properties. The New Structures shall be located as follows: 3 structures on the Cloverleaf Business Park 3 structures on Barnes Park 3 structures on the Southern California Edison property; and WHEREAS, Developer has requested City to enter into a development agreement pursuant to Government Code sections 65864, et s. eq., 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 certain fees for the New Structure as defined herein; and 2 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 ( 0) 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; (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 2 square feet; in the event that any of these New Structures is a back -to -back or v -type of 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 5 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 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 sea.) ( "CEQA "). Based on the Initial Study, City has prepared, posted, circulated and, on June if, 1999, adopted a negative declaration which confirms that construction of the Phase One 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 0 compliance with CEQA; and WHEREAS, on April 28, 1999, and June 23, 1999, the Planning Commission conducted a duly noticed public hearing on Developer's proposal to construct the New Structure; and WHEREAS, on June 16, 1999, 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 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 three (3) New Structures located on state highway 10 (San Bernardino Freeway) and state highway 605 (San Gabriel River Freeway) at the general locations designated on Exhibit "B - I" (hereinafter referred to as the "Phase One New Structures "). Developer shall notify City in writing VA upon completion of the construction of the Phase One New Structures (hereinafter referred to as the "Notice of Completion "). At anytime after the "Effective Date," Developer shall be entitled to seek approval and obtain building permits for the three (3) additional New Structures located along state highway 605 (San Gabriel River Freeway) at the general locations designated on Exhibit "B -2" (hereinafter referred to as the "Phase Two New Structures "). At any time after the application or grant of building permits for Phase One and Phase Two New Structures, Developer shall be entitled to seek Planning Commission and City Council approval and obtain building permits for the three (3) New Structures located along state highway 10 (San Bernardino Freeway) and state highway 605 (San Gabriel River Freeway) on property owned by Southern California Edison at the general locations designated on Exhibit "BT3" (hereinafter referred to as the "Phase Three New Structures "). B. Payment of Fees. Developer shall pay the following fees to City: 1. A one -time fee of fifty thousand dollars ($50,000) for each New Structure, payable upon the issuance of a building permit for each New Structure for a total of four hundred fifty thousand dollars ($450,000); 2. For the placement of Phase Two New Structures, a monthly license fee of ten thousand five hundred dollars ($10,500.00) ($3,500.00 for each Phase Two New Structure) for each month of the term of this 9 Agreement. Payment of the monthly license fees defined herein shall commence on the 25th month following the issuance of building permits for the Phase Two New Structures and shall continue throughout the duration of the term of this Agreement; Developer shall pay two (2) years of monthly payments to City, for a total of two hundred fifty two thousand dollars ($252,000), in advance, upon the issuance of building permits for Phase Two New Structures. In addition, 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. 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 9 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 Opportunity 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 10 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 AdvertisemeztSSpace. 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 one face, 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 Develo City hereby grants Developer the right to construct three New Structures on each of the locations (Cloverleaf Industrial Park, Barnes Park, and Southern California Edison property) , 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 11 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 Density, 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. 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. During the term of this Agreement, Developer shall be granted permission and have the obligation to trim and top trees on the property adjacent to the New Structures located in Barnes Park in order to maintain a clear and unobstructed view from the adjacent 605 Freeway. If approval from CalTrans can be obtained, Developer shall also be obligated to landscape the area immediately adjacent to the fence between Barnes Park and the 605 Freeway from Bess Avenue to the southerly 12 termination of the park at no cost to the City. Irrigation water will be provided by the City at no cost to Developer or its successors in interest. If CalTrans will not allow landscaping on its properties, the landscaping will be provided on City property. A landscape plan will be prepared for City approval immediately following meetings with the City staff to determine what is desired. This landscaping will take place after the outdoor advertising structures on Barnes Park and the outdoor advertising structures on Southern California Edison property are constructed to avoid any "landscaped freeway" obstacles. Developer, or its successor in interest, will post an appropriate bond to ensure that this work is done. 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, 13 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 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 14 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 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 15 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 Structures, except as expressly provided in this Agreement. F. Timing of f 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 16 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 SigLi Documents. Each party shall take all 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. 17 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 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 18 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. Section IV. General Provisions. A. Covenants Run with the Land. All of the provisions, agreements, rights, 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 19 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 Assioments. 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 seven (7) of the New Structures to Eller Media, and two (2) New Structures to 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 Iook 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 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 20 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 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 21 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, Cumulative. Failure by City Developer to insist upon 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 22 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 Payment to Prevailing Part . 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 shall be entitled to its costs and expenses of suit including, but not limited to, reasonable 23 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. 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 Iast 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 24 New 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 by Subsequent 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 25 compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. K. Amendment,ofAgreement. 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 Sect IV.K. The Director of 26 Community Development may execute any operating memoranda hereunder. Section V. Miscellaneous. A. Ne ation of Partnershi_12. 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 Part v 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. Severabi_ l4. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall 27 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 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 11 28 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 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. IlI 111 IlI W6 IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the date first hereinabove written. ATTEST: IM City Clerk APPROVED AS TO FORM: By: Agency Special Counsel "CITY" CITY OF BALDWIN PARK 0 "DEVELOPER" KEN SPIKER AND ASSOCIATES, INC. 2 30 President EXHIBITS A -I THROUGH A -9 TO BE PROVIDED 31 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KEN SPIKER & ASSOCIATES, INC. WHEREAS, pursuant to the zoning codes of the City of Baldwin Park outdoor advertising structures are permitted in Outdoor Advertising District (0)overlay zones; WHEREAS, on June 16, 1999, a negative declaration was approved by the City Council; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith) and finds and declares that compliance with all notice, hearing and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the findings set forth in the attached Development Agreement and as set forth in the negative declaration are hereby incorporated as findings by this City Council in adopting ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby approves and adopts the Development Agreement, by and between Ken Spiker & Associates, Inc., and the City of Baldwin Park that is attached hereto as Exhibit "A ", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall thereafter be in full force and effect thirty (30) days after the date of its adoption. APPROVED, PASSED AND ADOPTED this day of , 1999. ATTEST: THE CITY OF BALDWIN PARK APPROVED AS TO FORM: City Attorney 1 CITY OF BALDWIN PARK RAi MAIIN Ii AA LF A C1Ty ry INGIL AGENDA JUN 16 IT STAFF TO: City Council FROM: Steve Cervantes, Community Development Director DATE: June 16, 1999 SUBJECT: Continued from June 2, 1999. Z-509: Zone Change to allow the creation of an Outdoor Advertising Display District (0) along a segment of the 1 -10 and 1 -605 Freeways i,7 order to allow three billboard signs; Location: 440 Cloverleaf D:si (Cloverleaf Business Park); Applicant: Ken Spiker and Associates. This report requests City Council consideration of a request for a zone change to allow the construction of three outdoor advertising structures (billboards) along the 1 -10 and 1 -605 Freeways at the Cloverleaf Business Park. BACKGROUND Zone change and zone variance applications have been filed by Ken Spiker and Associates (KSA) to construct three (3) double -faced billboard signs within the Delta Redevelopment Project area. The subject property consists of a 16+ acre business park site located at the south -west corner of the 1 -10 and 1 -605 Freeways. The property's General Plan Land Use designation is Industrial Commercial; the property is zoned IC(PD), Industrial /Commercial Planned Development. Section 153.395(A) of the City's Zoning Code allows billboard sic. -Is to be erected on any property located within an Outdoor Advertising District (0) Overlay Zone. Currently, such districts only exist along Arrow Highway, and a short segment of Ramona Boulevard in the Auction Village area of the City (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 Z -509 June 16, 1999 Page 2 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. State regulations also prohibit displays that distract or confuse motorists. 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 years from the date of issuance of building permits; and b. A one -time payment of $150,000 for three outdoor advertising structures ($50,000 per billboard) shall be paid to the City; 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 (two faces) for O0) days each year (one thirty -day period) 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, 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. DISCUSSION 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 Z -509 June 16, 1999 Wage 3 opportunities for businesses within the City. • They require little to no demand on city services. • The revenue benefits may outweigh any potential negative aesthetic impacts. - arguments Against Billboards: • Billboards are viewed by many people as "visual clutter ". To those who share this belief, the proposed billboards could damage 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. 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. - Planning Commission Recommendation At its April 28, 1999 meeting, the Planning Commission voted (5 -0) to recommend that the City Council approve the requested zone change. The Commission also approved a related application for zone variances to exceed the maximum height and sign face area for each sign. The Code limits the height of billboards to 40 feet; a maximum height of 65 feet was requested. The height of the billboards are measured from the average finished grade of the subject property, but billboards are always intended to be viewed from the adjacent highways or freeways. In this instance, the I -10 and 1 -605 freeways are built at a grade significantly higher than that of the subject property. This grade difference makes the signs less effective in terms of visibility to motorists on the freeways. As for the sign face area, the Code restricts the area of a billboard to 600 square feet per side. The industry standard for freeway billboards (bulletins) is 14' by 48' (672 square feet). The applicant is proposing to construct standard 672 square foot freeway signs, but is requesting to be permitted up to 800 square feet to accommodate the occasional appendages that go beyond the rectangular sign surface. The 600 square foot Code standard appears to have been written to apply to streets and highways, since (Q) overlay zones only exist along Arrow Highway and Ramona Boulevard. Because of the higher rates of speed and wider right -of -ways on freeways, freeway displays need to be viewed from greater distances than signs along streets and highways. It is staff's opinion that the requested larger signs are needed to maintain the same visibility and effectiveness. The variances will only take effect if the Council approves the zone change and development agreement. Z -509 June 16, 1999 Page 4 The Planning Commissioners believed that adding billboards aiong the freeway corridor would not be damaging to the image of the community, and that the revenue benefits from the payment of a one -time fee of $150,000 would outweigh any potential negative aesthetic impacts. The Commissioners also recommended that the revenues from the billboards be earmarked for park development and rehabilitation, and that none of the money be used for administrative costs. RECOMMENDATION Staff and the Planning Commission recommend that the City Council introduce Ordinance No. 1141, "An Ordinance of the City Council of the City of Baldwin Park Approving a Change of Zone from IC (PD), to IC (PD) (0) to Create an Outdoor Advertising District Overlay Zone Along the South -West Corder of the 1 -10 and 1 -605 Freeways (Applicant: Ken Spiker and Associates; Case No.: Z -509; Location: 440 Cloverleaf Drive) ", that the ordinance be introduced for first reading to be read in title only, and all further reading be waived. ATTACHMENTS: - Exhibit "A ", dated April 28, 1 999 - Vicinity Map - Exhibit "B ", Existing Zoning - Exhibit "C ", Proposed Zoning - Exhibit "D" Existing Billboard Locations - Exhibit "E ", 1 -10 & 1--605 Billboard Survey - Environmental Data - Application Form and Statement - Ordinance No. 1141 d'fo e `` a � �P� .GJSJ J.SJJ �� � • mH • \ 111 eJ3 �.l !t � � t - �._ix •.cr tl 4 �r r Li a`1 ` ia�i.�i ".i J r 1 ;8 011 011 p'p [V.569tElr fl l!!r OFd Lag �i! �n�F'� tt •�nyMT S' h I _ � �� N t � 1 r r1• - Irlr !i If;l z - r 11 X 1lrr Uj i ! Jj fit z ..life- cn En �, - .•4 _ r� - { -r -fir �,,r y1' 'r � Ire!' � K t n � � y :� !O?'�j�� ■ rsK� � o 31VOS 1VlO�yy7J�i3B JNb.�� :° z o • . ■ a 1 -,WW-I. . Ali TRAIR • [K A i Ilk Gal ROUNO, ko� 44 1` :1 ". 0 �Ift 0 � ir \ .« %@' +)ƒ � .� y � � :ate • : � ¢ ( �( -.010 1 'Alpm 's �° I+i r ., - -r e'. - - t, d2� 4}' �,�("' y - } ; `z IM We '' MA" vw� is I is I� 1 V3 y l Y r xr -" yY -'-fl •d 1S ''`?�- ,�'di� rrY �} 4t.Y r MW SI r INV P �. L •r i � t - '� 4 F i .g e ,l_ to � s . I ,• r - � l 4� t� ' r a �r . JO r FTa ' n . T�•r ' S � j' Av ?9f 1 IfA }oy as. Kit ilk . n . T�•r ' S � j' Av ?9f 1 31 �, f � ,s I•. �F �•M �": ,ga� a /,� .t =. I;...;r �t � - ' a ffima��� 1" 10' �f8 ' T a Iif=10' LIC,HT5 Ty P. R Ira SIGN FACE & Vicinity Man, Exhibit "B" N Existing Zoning Address: 440 -490 Cloverleaf Drive Date: April 28, 1999 s °a;e IC w � , �J ■ .. � MiASH �M & Vicinity Ma4 Exhibit "C" N Proposed Zoning Address: 440 -490 Cloverleaf Drive Date: April 28, 1999 Not to Scale r Exhibit "D /I City of Baldwin Park 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 Nionterey Park No Alhambra No San Gabriel No Rosemead No El Monte Yes West Covina No San Dimas No Pomona No Claremont No CITY OF BALDWIN PARK DATE: June 2, 1999 APPLICANT: City of Baldwin Park TYPE OF PERMIT: Zone Change and Variance TILE NO.: Z -509 & ZV -647 LOCATION OF PROJECT: 440 Cloverleaf Drive DESCRIPTION OF PROJECT: Zone change and zone variance to allow the creation of an Outdoor Advertising District overlay zone and to allow three billboard signs which exceed the maximum height and sign face area. It is the opinion of the ❑ Zoning Administrator [❑ Planning Commission ❑A 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) (Title) Date(s) of Public Notice: April 7, 1999 ❑ x Legal advertisement ❑ Posting of the properties ® Written notice (CA1.arry\CFQAM -'(i DEC Z- 509 &ZV- 647.doc) 1 2 CITY OF BALDWIN PARK INITIAL STUDY BACKGROUND Name of Proponent: Ken Spiker & Associates Address and Phone Number of Proponent: 14156 Magnolia Blvd. Suite 103 Sherman Oaks, CA 91423 3. Date of Checklist Submitted: 4. Agency Requiring Checklist: 5. Name of Proposal, if applicable: 6. Pile Number: Z -5031 ENVIRONMENTAL IMPACTS March 18, 1999 City of Baldwin Park Zone change and zone variance to allow the creation of an Outdoor Advertising district overlay zone and to allow three billboard signs which exceed the maximum height and sign face area. & ZV -647 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? 3.) Water. Will the proposal result in X changes in ground water quality or quantity, or in alterations of existing drainage patterns? (C: iL arryl CEQA 4S- 7_-5(39 ZV- 647 _doc) WTEAL STUDY Z -509 & ZV -647 PAGE 2 Issue.< l?otsntatly 1 ?'otentiall Less Than No 5 nificargt.... �ignifibaeat Significant,.' Imp unless r Impact 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 X new light and glare? 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 X resource? b. Substantial depletion of any X nonrenewable natural resources? 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 X present patterns of circulation or 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 INITIAL STUDY Z -509 & ZV -647 PAGE 3 Issue Potentially PoWhtially Less 'Thart No'", Significant -: Significant Significant lm: act U mesa Went Mitigad 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 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 X the creation of any health hazard or potential health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open X to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant X archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. a. Does the project have the potential to X degrade the quality of the environment, substantially reduce. the habitat of a fish INITIAL STUDY Z -509 & ZV -647 PAGE 4 Issue Pctentiaily, F?otentiaily `;: Less °Than No Significant Significant Significant Impact Unless impact '; '.. .,.. .__... Ittt�gaed t or wildlife species, cause a fish sh 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 X 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). c. Does the project have impacts which are X individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impacts on each resource is 1 relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? ENMAL STUDY Z -509 & ZV -647 PAGE 5 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: March 18. 1899 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) _City Planner (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth The project involves the installation of three billboard signs. Anticipated impacts are insignificant. 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 The project will not result in an increase of impervious surfaces, nor will it result in an increase in the amount and speed of runoff during storms. No adverse impacts are anticipated. INITIAL STUDY Z -509 & ZV -647 4. Plant and Animal PAG 6 The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. 5, Noise The project will not create any new noise or subject people to unacceptable noise levels. 6. Light and Glare The proposed billboards are intended to be easily viewed at night and will be well lighted. The project must comply with state standards, including but not limited to lighting, to prevent hazardous distractions to passing motorists. 7. Land Use Proposed billboards will not affect existing land uses. 8. Natural Resources Though lighting will be provided for each billboard, the project will have no significant increase in additional energy usage. 9. Risk of upset The proposed project will not involve storage or transportation of hazardous materials. Therefore, there are no potential hazards or risk of upset associated with this project. 10. Population The project will not have any direct or indirect affect on population growth. 11. Housing The project will not have any impact on housing. 12. Transportation /Circulation The project will not have any measurable effect on traffic. State standards for billboard construction and operation prohibit displays that could potentially be hazardous to passing motorists. 13. Public Services The project will not have an adverse impact on the City's ability to provide police, fire, school, park and recreation and road maintenance services. 14. Energy The project will not increase the demand for energy. 15. Utilities The project will not create a demand for new utilities, nor will it have an impact on the provision of utilities citywide. INITIAL STUDY Z -509 & ZV -647 16. Human Health PAGE 7 The development of the proposed project does not involve unique or unusual human health concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17. Aesthetics The proposed billboards will be clearly visible from the 1 -10 and 1 -605 f=reeways. These particular segments of the freeways are not considered scenic highways; and the project is not expected to result in the obstruction of any scenic views open to the public. The City Council, by approving the requested outdoor advertising overlay district, is of the opinion that billboards are not aesthetically offensive. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on 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 less than significant. 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. INITIAL STUDY Z -609 & ZV-647 ENVIRONMENTAL INFORMATION FORM Date filed: March 18, 1999 General Information Name and address of developer or project sponsor: Ken Spiker & Associates 14156 Magnolia Blvd, Suite 103 Sherman Oaks, CA 91423 2. Address of project: 440 Cloverleaf Drive, Baldwin Park, CA 91706 3. Assessor's Block and Lot Numbers: 8564- 021 -019 PAGE 8 3. Name, address and phone number of person to be contacted concerning this project: Lawrence Onaga, City Planner, Planning Division, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261. 4. Indicate the number of the permit application to which this form pertains: Z -509 & ZV -647 S. 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: IC(PD), Industrial Commercial (Planned Development Overlay) 7. Proposed use of site (project for which this form is filed): Operation of three billboard signs. PROJECT DESCRIPTION The proposed project involves a zone change and zone variance to allow the creation of an Outdoor Advertising District overlay zone and to allow the construction and operation of three billboard signs which exceed the maximum height and sign face area. INITIAL STUDY Z -509 & ZV -647 PAGE 9 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, 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 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 75,000 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. APPLICATION (ZONE CHANGE) I. APPLICANT: NAME: Ken Spiker And Associates, Inc. ADDRESS: 14156 Magnolia Boulevard, Suite 103, Sherman Oaks, CA 91423 - PHONE: (818) 990 -6145 STATUS (Owner of land, agent, purchaser, etc.) Agent 2. PROPERTY OWNER: NAME: SNS Cloverleaf Company Limited Partnership ADDRESS: 440 Cloverleaf Drive, Baldwin Park, CA 91706 -6500 PHONE: L & S Management Company -- (114) 448 -0500 3. PROPERTY: ADDRESS: 400 -490 Cloverleaf Drive ZONE: I -C, Industrial CommercialOT SIZE: 16.16 acres ncxx x 4. EXISTING USE OF PROPERTY: Industrial eark 5. LEGAL DESCRIPTION: (Use description as it appears in your Grant Deed or attach deed) Parcels 1 through 14, inclusive and Lot "A" of Parcel Map No. 1162, in the City of Baldwin Park, as per map filed in Book 230 Pages 26 -28 inclusive of parcel maps in the office of the County Recorder of said County. 6. REQUEST: A request to create an outdoor advertising overlay district on the property described above in the I -C, Industrial Commercial zone. ZONING CODE SECTION NUMBERS: 153.315 7. CHANGES TO BE MADE TO PROPERTY: Install three two -faced outdoor advertising displays. 8. 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(ies) located at,,—the terminus of Cloverleaf Drive JUSTIFICATION FOR RE UEST: I. IN WHAT WAYS WILL THE USES PERMITTED BY THE ZONE CHANGE BENEFIT THE ADJOINING NEIGHBORHOOD AND THE CITY OF BALDWIN PARK? The proposed uses will not require any City services and will financially benefit the City and the property owner. Outdoor advertising structures are legitimate commercial uses. 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 perfectl.y suited for a.A industrial park as it is developed, as well as the additional use for outdoor advertising. Adding this use adjacent to freeways is appropriate and will ultimately result in removal of outdoor advertising structures from City streets. III.WOULD THE USES PERMITTED BY THE PROPOSED ZONE BE DETRIMENTAL TO SURROUND- ING PROPERTY IN ANY WAY? (EXPLAIN REASONS SUPPORTING YOUR ANSWER) No. The advertising structures will be professionally installed and maintaine and, therefore, will not be detrimental to the property, on which they will be built -or on any adjacent property, Uutdoor advertlsing strtict'ures are a legitimate use a jac t to freeways and are not detrimental. IV. LIST ANY DEED RESTRICTION WHICH AFFECT DEVELOPMENT OF THE PROPERTY. GIVE THE EXPIRATION DATE: None,that affect the proposed development. Z�Z PLIC Kenne S`pii er, Jr. DATE FILED AMOUNT PAID BY Zone Change Application 984 HEARING DATE 4. ZONE CHANCE 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. It appears at this moment that the Legislature will not be enhancing city revenues in the near future. As a matter of fact, last year's ACA 42 which would have locked in existing local revenues, failed miserably. The League of California Cities now proposes an initiative to implement ACA 42. The proposal does not recoup any revenues previously pirated by the State. Most believe that the initiative will fail, even though it has no revenue provisions. Therefore, cities will be required to continue to seek new revenue sources. -1- The applicant proposes to voluntarily contribute $150,000 to the City of Baldwin Park ($50,000 per outdoor advertising structure) to be used for any lawful purpose upon approval of the three structures. It is important to note that this land use will not require any City services, does not generate any traffic, sewage, dust or 9 -1 -1 calls, and has no identifiable fiscal downside. This project will not demand one dime of City resources. Thus, the $150,000 is net revenue. Please note that nearly all land uses, even those that pay some level of taxes or generate some level of revenues, require large amounts of city services and thus direct costs to the city. This proposal represents a win -win situation. 02 -01 -99 -2- ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM IC (PD), TO IC(PD)(0) TO CREATE AN OUTDOOR ADVERTISING DISTRICT OVERLAY ZONE ALONG THE SOUTH -WEST CORNER OF THE 1 -10 AND 1 -605 FREEWAYS (APPLICANT: KEN SPIKER AND ASSOCIATES; CASE NO.: Z -509; LOCATION: 440 CLOVERLEAF DRIVE). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE 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 owners of certain real property filed an application for a change of zone from IC (PD), Industrial Commercial (Planned Development), to IC (PD) (0), Industrial Commercial (Planned Development) Outdoor Advertising Overlay Zone for real property located at 440 Cloverleaf Drive, 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 65800 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 hearing 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 the approval of the reclassification to IC (PD) (0), Industrial Commercial (Planned Development) Outdoor Advertising Overlay Zone; and (d) That the City Council conducted a duly noticed public hearing on said matter, and based upon the evidence presented, and each member 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 Chapter 153.630 of the Baldwin Park Municipal Code, the Zoning classification of the Property be and is hereby reclassified from IC (PD), Industrial Commercial (Planned Development), to IC (PD) (0), Industrial Commercial (Planned Development) Outdoor Advertising Overlay Zone. 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 on 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 June 16, 1999. Ordinance No. 1141 Page 2 MAYOR ATTEST: KATHRYN V. TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF BAL ©WIN PARK ) I, KATHRYN V. TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1141 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on June 16, 1999. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on , 1999 by the following vote: AYES COUNCILMEMBER NOES COUNCILMEMBER ABSENT COUNCILMEMBER ABSTAIN COUNCILMEMBER KATHRYN V. TIZCARENO, CITY CLERK CITY Of BALDWIN PARK BALDWIN CITY 00i INCIL AC ND JUN 16 1999 STAFF REATMP-2- " TO: Mayor and Councilmem rs FROM: Steve Cervantes, Director of Community Development DATE: June 16, 1999 SUBJECT: An appeal of the Planning Commission's decision to deny a banquet facility with dancing and !sve entertainment in conjunction with a restaurant with the on -site sales of beer and wine (Case No.: CP -557; Location: 13310 Ramona Blvd., Units A -C; Appellant: Joseph Budesky representing Rogelio Rojas, Owner, El Cantarito Restaurant). This report requests City Council consideration to continue the appeal of CP-557 to the July 7, 1999 meeting of the City Council. BACKGROUND/DISCUSSION At their April 14, 1999 meeting, the Planning Commission denied the applicant, Rogelio Rojas, Owner of El Cantarito Restaurant, the renewal of his existing conditional use permit allowing a banquet facility with dancing and live entertainment, On April 26, 1999, Joseph Budesky with the law firm of Solorr-)i E, Saltsman & Jamieson appealed the Planning Commission's decision to the City Council. This appeal was scheduled for the June 2, 1999 meeting of the City Council, however, the applicant's attorney submitted a letter on June 1, 1999 regarding the appeal to staff. RECOMMENDATION Staff is recommending that the City Council continue the appeal of the Planning Commission's decision to their July 7, 1999 meeting in order for staff to review and respond to the letter submitted by Mr. Rojas' Attorney. CITY COUNCIL A (*NUI1 JUN 16 1999 iu �T NO, 2A rrrrrr CITY OF BALDWIN PARK STAFF R�O BALDWIN P . A , R . K TO: City Council FROM: Steve Cervantes, Community Development Director DATE: June 16, 1999 SUBJECT: Specific Plan (SP 99 -2) for 56 -unit Senior Apartment — Location: 14349 Pacific Ave (Pacific/Maine/Sterling); Applicant: Kaufman and Broad Multi - Housing Group, Inc. : OM This report requests City Council approval of a specific plan to allow a 56 unit subsidized senior citizen housing development. M:(r7Zililfi'7 Kaufman and Broad Multi- Housing Group, Inc. (K &B) has submitted an application for a specific plan to allow the construction of a 56 -unit senior citizen apartment project at 14349 Pacific Avenue. The project received concept approval by the Redevelopment Agency on December 16, 1998. The site consists of six (6) parcels and two (2) city owned parking lots totaling approximately 59,600 square feet (1.4+ acres) of lot area. The site is vacant except for a 1,220 square foot vacant office building and two City owned parking lots. The Subject Property's General Plan land use designation is General Commercial and is consistently zoned C -2. A'cjacertt Property; Zoning Property iJse Location - .._ North C -2 Retail /Office South C -1 Church, Office East C -1 City Hall, Retail West C -1 Office Legal notices were published in the San Gabriel Valley Tribune, and mailed to all property owners within 300 feet of the subject property on June 4, 1999. The Planning Division has completed an Environmental Analysis. Pursuant to that information a Draft Negative Declaration has been prepared pending approval by the City Council. SP 99 -2 June 16, 1999 Page 2 DISCUSSION - Specific Plan The Specific Plan document is the regulatory mechanism that enables the construction of the proposed housing project. The Specific Plan is written to accommodate a land use and density that would not ordinarily be allowed under the City's current development standards. It takes into consideration the unique nature downtown infill housing designed under a traditional mixed -use concept. To accommodate the project, more flexible standards have been written into the Specific Plan. These standards supersede the standards of the Zoning Code. The key differences between the standards in the Specific Plan and Zoning Code are listed in the table below: Maximum ( x`25.9 ula _ 40.9 ula _Density Maximum Bldg. Height 27 feet 40 feet 2- stories 3- stories Building Length Minimum Floor Area 150 feet 650 sq.ft. (1 -BR) _ 300 feet 525 sq. ft. (1 -BR) 850 sa.ft. (2 -BR) 700 sq. ft. (2 -BR) { ' Resident and Guest Parking 84 31 Private Open Space 100 sq.ft. /unit 50 Fence setbacks from street 15 feet 0 —10 feet * Maximum density with 25% density bonus for affordable housing. j - Development Plan The Specific Plan contains a provision that requires approval of a Development Plan before building permits can be issued. The Development Plan must be consistent with the standards and guidelines contained in the Specific Plan. In this instance, the Development Plan is not being processed concurrently with the specific plan. Subsequent approval of the Development Plan by the Planning Commission and City Council will be required before building permits can be issued for the project. The applicant has, however, submitted a concept drawing (Exhibit "D ") showing an example of what could be built under this specific plan. The final plans must be more precisely (C:ILarryIREPORTStSP 99- 2ccdoc) SP 99 -2 June 16, 1999 Page 3 drawn and receive Design Review Committee, Planning Commission and City Council approval. - Density The proposed density (40.9 unitslacre) is comparable to the recently approved senior housing project at Ramona Blvd. and Monterey Avenue (49.4 units/acre) and significantly less than the TELACU Court project at 14444 Pacific Avenue (75 units/acre). In terms.of population density, the 56 units translates into an estimated population of 68 persons or 50 persons per acre. A typical family residential development with the same number of units would yield a population of approximately 224 persons or 163 persons per acre. The increase in density, through the introduction of residential development at this site, should be beneficial to the success of the downtown district. The presence of residents within walking distance of stores and services helps to support local businesses and prevent sales tax revenues from "leaking" outside of the city. The provision of residential uses in the downtown can also help to improve nighttime security and deter vandalism. Reductions of certain types of crimes often occur as a result of a phenomenon called "eyes on the street ", where the presence of residents (by being able to look outside their windows onto the street) adds an element of natural surveillance to an area that might otherwise be deserted. - Traffic Because of the fact that the project will be for low- income senior citizens, increased peak hour traffic generated should be negligible. Many seniors, especially low - income seniors, walk or use public transportation for daily activities. Within one quarter of a mile from the site are a grocery store, banks, the community center, restaurants, miscellaneous retail shops, medical offices, the City Hall, and the MetroLink Station. Still, prior to the approval of a development plan, the applicant will be required to conduct warrant studies for new traffic signals at Pacific Ave./Maine Ave. and Sterling Way /Ramona Blvd. - Parking Parking for the residents will be provided at a rate of .45 spaces per unit for the 44 one bedroom units and 0.9 spaces per unit for the 12 two bedroom units — a total of 31 spaces. Recent parking surveys of actual parking usage at similar senior apartment (C:1Larryv2EPORTSiSP 99- 2oc.dacJ SP 99 -2 Jane 16, 1999 Page 4 projects suggest that the City Code parking standard is unnecessarily high for this type of housing, and that the proposed rates should be more than sufficient. Customers and employees of the existing stores within this block of Ramona Blvd. have established an informal pattern of parking at the backs of many of the stores. Most of these parking spaces are unpaved and difficult to access. The majority of the lofts within this block are technically landlocked from the rear (south); they are only accessible by crossing over an adjoining parcel. The proposed plan will correct this situation by establishing an easement for ingress and egress, and by providing paved parking stalls and driveways. Although the Plan calls for the existing 30 public parking spaces to be removed, 33 new parking spaces will be provided for the use of the general public. Another 25 parking spaces are proposed along the rear walls of the Ramona Blvd. shops to replace the existing informal (dirt and gravel) parking stalls. By Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking for the entire block is provided by the City owned parking lots at no cost to the property owners. The existing businesses are supplying only 17% of the parking that would normally be provided by clomparable commercial properties. When the City owned parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately 26 parking stalls within the entire block of Ramona Blvd, and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: Front (City owned) 82 N/A 82 NIA Rear: City owned 30 N/A 33 NIA Private 44 17% 67 23% Subtotaf 156 60 %* 182 64 %* Street 8 NIA 8 NIA Total_ 164 N/A 190 NIA _ _ _ * The subtotal % of Code counts city owned parking toward meeting the Code requirements for parking. (C:lLarrylREPOR'MSP 99- 2cc.doc) SP 99 -2 June 16, 1999 Page 5 Since only 60% of the Code required parking is being provided, it would appear as though the entire block would suffer from a severe shortage of parking. However, an analysis of parking availability (Exhibit "P") within this block suggests otherwise. During certain times of the day, cars have been observed to cluster around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking stalls should be sufficient to accommodate the future parking needs within this block. - State Mandated dousing Production Construction of the proposed units will help fulfill two related affordable housing goals. The City's Redevelopment Agency is required to replace all low and moderate income homes demolished as a result of Redevelopment Agency actions. So far, very few of the 274 bedrooms that the Baldwin Park Redevelopment Agency has demolished within the low and moderate- income limits have been replaced. This project, if approved will help to reduce the Agency's replacement housing obligation by 68 bedrooms within the lower - income categories. The General Plan Housing Element's Regional Housing Needs Assessment (RHNA) requires sites to be identified for a specific number of low- and moderate -- income homes. The RHNA allocation is devised by the Southern California Association of Governments (SCAG) and establishes housing production goals for all cities within the SCAG region. The preliminary 1998 -2005 Housing Element RHNA number for lower income units is 238. This project, if approved, will help satisfy the City's RHNA goal for the 1998 -2005 Housing Element planning period. The City's General Plan Vision Committee has recommended that the general plan land use classification for the downtown area, including this particular block, be redesignated to accommodate mixed -use development (residential and retail). At its May 26, 1999 meeting, the Planning Commission voted (3 -0 with one abstention) to recommend that the City Council approve the specific plan. h :T�L�ili ►il��[l!��i7_�i[�IiEI Staff and the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve Specific Plan SP 99 -2 to allow the construction of a 56 -unit senior citizen apartment. (O.ILarryiREPORTSiSP 99 -2cc. doc) SP 99 -2 June 16, 1999 Page 6 ATTACHMENTS: - Specific Plan SP 99 -2, Exhibits (A -C) - Exhibit "D" Draft Concept Plan, dated May 26, 1999 - Exhibit "E" Existing Parking Diagram - Exhibit "F ", Parking Calculations — 14300 Block of Ramona Blvd. - Exhibit "G ", Parking Analysis - Vicinity Map - Opposition letter, dated May 26, 1999 - Environmental Data - Application Form and Statement - Resolution (C.:Ur(ytPEPCR TSISP 99- 2cc.doc) Speci, fic Plan 99 -2 June 16, 1999 Page 1 SPECIFIC PLAN SP 99 -2 JUNE 16, 1999 LOCATION: MAINE / PACIFIC /STERLING APPLICANT: KAUFMAN AND BROAD MULTI- HOUSING GROUP, INC. Specific Plan 99 -2 ,tune 16 1999 SPECIFIC PLAN SP 99 -2 1.0 INTRODUCTION 1.1 PURPOSE AND INTENT Page 2 This Specific flan ( "PLAN ") is enacted pursuant to Section 65450 of the Government Code of the State of California and other applicable law. The purpose of this Plan is to provide for the development of a federally subsidized senior housing project on certain real property to which this Plan applies. This Plan will implement the objectives of the Housing Element of the City's General Plan. The Plan as such, will allow the site to be developed in accordance with California Tax Credit Allocation standards, and applicable law. Except as expressly provided herein, this document incorporates by reference, all applicable standards and regulations as set forth in the Baldwin Park City Zoning Regulations, ( "Code "). Pursuant to Section 153.017 of the City's Code, the standards and provisions of this Specific Plan. take precedence over any contrary provisions in the Code. 1.2 LOCATION AND SETTING 'rhe site is surrounded on the southwest by Pacific and Maine Avenue on the southeast. All necessary shopping, medical, commercial and recreational facilities are conveniently within safe walking distance or are easily accessible by frequently operating public transportation provided by MTA and Foothill Transit GIC on Ramona Blvd. and the City shuttle. All utilities are available adjacent to the site on Maine Avenue and are adequate to serve the proposed 56 -unit project. The adjacent streets are adequate, with minimal off -site improvements necessary. An existing fire station is located within one half mile east of the site, Fire access throughout the site is provided per code to within 150 feet Specific Plan 99 -2 June 16, 1999 Page 3 of all portions of the building. The Julia McNeill Senior Center with its comprehensive senior programs is within walking distance. The Baldwin Park City Hall, with all of its administrative and public facilities is located across the street. The post office is also located within 1 mile of the site. The Los Angeles County Public Library is located within one mile of the site. 2.0 LAND USES Permitted uses allowed pursuant to this Plan shall be: 2.1 Subsidized (by federal tax credits) senior housing units, together with accessory uses related thereto. 2.2 Ground floor retail and or office. 3.0 DEVLOPMENT STANDARDS PURPOSES AND INTENT The provisions of this Plan have been established to provide for the orderly development of the Property. Application of the Plan is intended to protect the health, safety and welfare of the community. 3.1 DEVELOPMENT STANDARDS The following development standards shall apply to all lots located in the Plan area. 3.1.01 NEW CONSTRUCTION All construction on the Property shall comply with all applicable state laws in effect as amended from time to time, except as expressly provided in this Plan. 3.1.02 MAXIMUM DENSITY The maximum density shall not exceed 40.9 units per acre. 3.1.03 MINIMUM FLOOR AREA Each dwelling unit must have and maintain. a minimum gross floor area as follows: a. One bedroom units: 525 square feet b. Two bedroom units: 700 square feet 3 .1.04 LANDSCAPING Specific Plan 99 -2 June 76, 1999 Page 4 The landscape required pursuant to this Plan is necessary to comply the General Plan, and render use of the Property compatible with surrounding and adjacent uses. It is intended to preserve, when possible, existing trees which will add to the aesthetic quality of development. A detailed landscaping and irrigation. plan ( "PLAN -L ") shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The Plan -L shall conform to the landscaping requirements of HUD and the City's Design Review. Upon approval by the Planning Division -)f the Plan -L, the land. and 'irrigation shall be installed and perzzianently maintained in accordance therewith. No trees shall be removed without good cause, and only with prior written approval by the Planning Division 3.1.05 .HEIGHT OF BUILDINGS No building or structure shall be constructed of a height exceeding three stories or 40' -0 ". 3.1.06 BUILDING LENGTH No building shall be constructed in excess of 300 feet in length, and buildings shall be articulated in separate masses to more appropriately reflect the scale of the neighborhood. 3.1.07 PRIVATE OPEN SPACE At least fifty (50) square feet of private open space is required for each unit by way of a patio or balcony. 3.1.08 COMMON OPEN SPACE At least 1,200 square feet of common open space shall be provided, with a minimum dimension of 20 feet. 3.1.09 WALLS AND FENCES Walls and/or fences shall not be required around the perimeter of the site, 3,1.10 YARD AREAS The following required yard areas shall be observed: a. Buildings: at least ten (10) feet from any street side property line, Syecific Plan 99 -2 June IG 1999 Page 5 b. Parking: at least five (5) feet from any street side property line. Decorative fences and walls may be construct.�;,.d within the required yard areas. The precise location and design will be subject to approval by the Design Review Committee. 3.1.11 OFF- STREET PARKING The off - street parking spaces required for each principal use shall not be less than the following: a. Residential units (including guest parking): One bedroom units: 0.45 spaces /unit; Two bedroom units: 0.9 spaces /unit. b. Retail or Office: 1 space /300 square feet of floor area. c. General Public use: 33 spaces A special traffic and parking study shall be submitted for review by the Design Review Committee. The study shall include, but not be limited to a breakdown of user demand, peals demand and interchangeable uses. In the event that the study shows that actual parking needs exceed the minimum rate required by this Plan, the higher rate of parking shall be provided. 3.1.12 EASEMENTS FOR INGRESS :^ IJD EGRESS Easements for ingress and egress shall be provided to allow vehicular access to the parking stalls located along the south walls of the buildings within the 14300 block of Ramona Boulevard. 1. 13 UNDERGROUND UTILITIES All utilities serving the site shall be underground. 4.0 DESIGN GUIDELINES Building site and landscape design shall be in accordance with the attached Design Guidelines (Exhibit "C "). Design guidelines are regarded as an appropriate means of advancing Plan. Area development goals. In particular, design guidelines can direct the Plan Area toward a more favorable development environment by disallowing poor design solutions and encouraging superior design practices. Nonetheless, the applicable criteria are intended to express "intent" -ather than absolutes, thereby allowing a certain degree of flexibility as well as promoting creativity and innovation. Deviation from the guidelines shall be considered by the ypecific Plan 99 -2 June 16, 1999 Page 6 Design Review Committee, however any deviations must exhibit a superior approach to fulfilling the intent, goals, and objectives of the Design Guidelines. The precise location and design will be subject to approval by the Design Review Committee. 5.0 DEVELOPMENT PROCEDURES After adoption of the Plan by the City Council of the City, no permit or entitlement shall be issued for the construction or placement of any new building, use or structure or any addition to existing building(s) or structure(s) on the property until such development has been considered and approved in accordance with the following procedure: All development proposals shall initially receive approval from the Design Review Committee followed by the submission of an application for approval of a development plan. Design Review and development plan applications shall be processed and approved in the manner provided in the Code. 6.0 IMPLEMENTATION PROGRAM The implementation of this Plan will be accomplished through the City's development review process, considering development plans from concept to construction drawings. Upon adoption of the Plan, developers and/or property owners may prepare and submit, plans for development within the Plan Area. Development plans shall be prepared. ad submitted for review in conformance with the provisions of this Plana and the requirements of the City's Code. Protect review shall progress as follows: The City's Plan /Design Review process represents the basis for approval or denial of a more hilly developed design proposal, and no building permits will be issued until a proposal has received approval from the City's Plan/Design Review Committee. A more complete description of this process is provided as an attachment to the City's Plan/Design Review application form, and within the City's Zoning Code (Section 1.53.656). Provisions for an appeal of the Design Review Committee decisions to the Planning Commission and City Council have been established. The intent of Plan/Design review is to promote and enhance good design and site relationships in order to provide for more orderly development within the opecific Plan 99 -2 June 16, 1999 .,rage 7 City. The overriding design principle as established by the City's Zoning Code (Section 153.659.B) is as follows: "integrate the physical architectural element with the streetscape and to visually screen undesirable elements such as parking, storage, loading, - refuse collection and similar areas from the view of access streets, freeways and adjacent properties. " While this is a general design principle, the attached set of design guidelines are provided as a necessary means of clarifying appropriate design solutions, as well as providing a more substantial basis for the design review of protect proposals. Project proposals shall also submit an application for review of a development plan, which plans shall be considered and approved by the City Council, following a recomiuendation from City Staff and the Planning Commission. Typically, this procedure will follow Plan /Design Review, and precede the submittal of construction drawing to the City's Building Division for Plan Check approval. Construction drawings shall be drafted in compliance with an approved development plan. Any other necessary entitl - inents (i.e. conditional use permit, variance, etc) will be considered in conjunction with the development plan. Environmental review in accordance with the California Environmental. Quality Act (CEQA) will be provided for each project proposal within the Plan. Area. Measures necessary to mitigate foreseeable environmental impacts shall be incorporated as a condition of approval. of the development plan and/or other necessary entitlement. 7.0 AMENDMENTS The provisions of this Plan, including but not limited to, the documents attached hereto as Exhibits "A -C'° inclusive, may be amended in the wanner provided in Section 65150 of the Government Code as it now exists or as it may hereafter be amended. Specific Plan 99 -2 June 10, 1999 Exhibit "A" - Area Maly Exhibit "B" - Land Use Diagram Exhibit "C" - Design Guidelines. Page 8 Exhibit "P;' Area Map - \c' 1 � i r 1 M 4 Q �l n-, ��q���6 i lo*-� t C 'l lam) ~ ll 01 061 ��� /y of k .� l Site Baundaies (1 i Assessor Aarcei Z Q U 04, Exhibit "B" Specific Plan I,aaad Use Diagram SO r� co -90 Crc � V11% IV p a ulp y �. \. ".., R�s[dent �P / Parking P,,Ob,c QG1x, 55 g w Q U Q R- Specific Plan 99 -2 June 16, 1999 Page 11 EXHIBIT "C" DESIGN GUIDELINES 1. Building design shall avoid large monotonous facades, long straight line building fronts, plain box shapes and barren exterior treatment. 2. The roof lines of individual buildings should be varied, to reduce building mass. 3. Occasional building modulation (changes in depth and direction) should be used to provide shade, shadow and visual relief by varying setbacks and roof configurations to eliminate continuous uninterrupted walls and roof lines. 4. Building setbacks should increase with the height of the buildings; i.e. whein possible, the second and third stories of a building should be set back further than the first floor. Alternatively, the entire building should be setback further from the adjacent property lines. 5. Common open space areas should be centrally and. conveniently oriented and should contain amenities appropriate to the project's size and tenant mix. 5. The number of driveway aprons shall be minimized for aesthetic purposes, to achieve efficient and productive use of paved accessways and to eliminate traffic hazards. 7. Driveway areas should contain design features including landscaping and textured paving. When possible, landscaped islands should be incorporated into the driveway entry area to separate driveway lanes for ingress and egress. 8, Parking areas shall be screened from the street by a combination of a 3'0" to C -0" high decorative block wall and/or landscaping. 9. Windows, doors, stairways, balconies, chimneys and other architectural features shall be treated in a decorative manner, consistent with the overall architectural theme, to break up monotony and add variety. For example, plain aluminum frame windows should be avoided and multi - pained, octagonal, bay, greenhouse, circular or other decorative styles should be used in their place. 10. All mechanical equipment including utility meters and transfornners shall be screened as an integral part of the building design and should not look like a "tacked on" addition. Roof mounted equipment should be avoided. Specific Plan 99 -2 June 16, 1999 Page 12 1.1. Building materials should be selected for their architectural harmony, and aesthetic quality. A variety of harmonious materials should be used to avoid monotony. For example, stucco walls should include trim of other materials such as brick, rock, tile, or wood. I. 12. Roofing materials should consist of ceramic or concrete tile. Asphalt or composition shingles should be avoided. 13. Perimeter walls should be constructed of decorative concrete block (i.e. stucco coated with brick cap or tile trim or other treatment), brick, stone, or wrought iron so as to be consistent with and complement the buildings architectural style and colors. 14. Building wall colors should be off - white, light earth colors or similar muted. tones. Garish, non - harmonious, or out of- character colors should not be used. 15. The design of accessory structures, including but not limited to detached garages, laundry rooms and recreation rooms, should be harmonious with the architectural style and colors of the principal buildings on the site. 16. Long straight pedestrian walkways should be mitigated through off -sets, curvalinear approaches and changes in textures and/or colors. 17. Decorative treatment of trash collection areas should be used to minimize the adverse visual impact of these areas. For example, trash enclosure walls could be stucco coated with tile trim and combined with a file roof or wood trellis to match the building's architecture. Also, significant landscaping could be planted adjacent to the trash area to help soften its visual impact. 18. Landscaping shall be an integral part of the site design.. Significant mature trees shall be preserved. Berming is encouraged within the required yard areas adjacent to the street. Landscape plans should be prepared by a Landscape Architect or other qualified person with extensive experience in the field of landscape design. 19. A variety of landscaping materials, textures, colors and FORMS shall be used, including trees, shrubs, ground cover, flowering plants, boulders, rocks, walls, textured surfaces, trellises and other elements. Drought resistant plants are recommended. 20. All landscape areas must be separated from vehicular areas by a 6 inch concrete curb. Specific Plan 99 -2 Ane 16, 1999 PaQ,e 13 21. The design of all exterior light fixtures should be compatible with the building's architecture. 22. Parking areas, driveways and pedestrian areas shall contain automatically controlled lighting. 23. Parking areas shall be designed to avoid awkward turning maneuvers and the backing of vehicles into public streets, Exhibit "D" CO"*�,,Cf--.',,Pll-t.."ALS TEPl� VN, a A a Ilow 'Alr f Ji g^ $p .3 as Exhibit "E" Existing Parking C U a o r— O U 0 E c) mot' X X w 0 U nn� i.a.. 4 jc] v'M Im N UJ o n U o ¢ o c m t m m m rn° CD N N N N m C, c V Y � _ m o EIl m Cn Y c 4 m U a o a¢ a CO o 'I z n N <f CO cp � o 0 P 4i [p U m W m W is u) p N N N N i n Ai m ' N 0:` d r r U C7 U � O �M iN(J p• � 'O � I EE IIL 'V' 03P �P P'PPf E O V C7 �tl : [b c0 0 N p tlY r:0 p,O NE SD• p u7_NI im m;00IN hE COIN 3� N' N MAN !Z' o'�oaoo� _ ��I ml E �O O O 7 0�0�0.0l0 OE0 O�010-0 0 7 T IEE ID n I I I ¢ c Er;� io w rY n, n o o � � n I i ovJ ❑ Q s0 j m I o nl n'�QIo ns€ n n S m a m n oj E ❑Ev3 o mEm n- y,X" <u c q'cv roi'ml a n� E plc g i m.cx U rs �n€ L 0' o Co O Cal �i� U =m --a =� M m a a� o° al a n o�c'm €n a n �Iq" m E U m o c a ❑° E,c m a �3c c 751E n n E 3 c n m c n n m o E c m a m its n n m of as Y OUT'W Cn Y.-' ¢ a Cry <.m: ri m'Au..i��:.� ❑ z c Q�o�o o: a Nlo oio o N:o o o o'o u7 �p o,© o in o ccs'us m © M N 03r PIE? PAN � LD P 10 N V V'�tn �G;1 '�W NjN�CC?- f�rCO��'N U' N N N Nif•7 C7 �"iiN N N �w- �lr IA R .Q 'n © vN-- Oo :N E(fl p N [Y ff �'N�01'N 6 O D N L`"J V V (P M (`7 c�J c) M cJ M [�7 cJ c� Cr] . C`� c? c�i P ' N a O U O 0 0 0 ¢ o � r v C Q1 t!3 1!J iiJ If} N 'C7 N N N N W L) R 0 m m 7 c U � � C V N n N � m E- y d r i 'r m m T m c a U 1= R O� a P m {D Exhibit "G" Parking Analysis 1996 ( larryl stats 114300RamonaParkingAnafysis) 14300 Block Ramona Blvd. Parking Analysis - 1996 82 spaces 74 spaces 156 spaces Date Time Front % Full Rear % Full Total % Full € 1 ° `I 1019196 - - - -- - 12:00 m p 52 — 63.4 /u 34? 45..9OX 86 55 1.% 10/9196I, 4:45m 611 74:4% 291 39211/. 90 577% - ,- , - 10/10196 10 -Mam l 31 ' ......... 37.8% I 35 47.% 661 42.3% 10110/96' 2:30 m; p 38 46-3%j . o 391 52 7/0 77 49:4 °70. 10/ 11/96 11 15am 52i 63'4% 34 45.95c, 86I 55 1 %a 10/11/96 - - 1:30pm - I -- 50 1 61 0% 38 51 4% 881 56,4% -- 10/12/961 ..... _.......... 11:45am! i 521 , .... 614 %I 341 45.9% ......._ ._.__,,.- ____- 86` 55.1 %0 10/14/96 9:45am 34 41.5% l I 251 33 8 %o j I 591 37.8 10/14/96 _ ,_.._ 3 5w_ _.48- S$.5_ % -_ 351 47,3W _ W 83' 53..2% _._._....._ 10/14/96 5:30pm'', 50 61.0% 37` 50.(3% 87, 55.8% w..._. Average 1 .. 47' - 57.1 %01 _- 34! 45 9 %' 81 51 8 %0 High II 611 74.4 39 52 7 %; 901 57.7% Low: 311 37:8 %0 25 3$ 8 9/41 59 37 8%q ( larryl stats 114300RamonaParkingAnafysis) Parking Analysis 1999 Average l 14300 Block Ramona Blvd. Parking Analysis - 1999 47.4 %Q E E 28 384% 67' 82 spaces 74 spaces 74.4% ` ................ 156 spaces Date Time Front % Full Rear % Full Total % Full 5113199 6 46 m, . 34 - -- 41,5% - 16! - -- 2-1 6% E.... 50 32 1 %a 5114199 12:10prn 61 '', 74.4% 43 58.19% 104'':: 66.7% 511519 9 ..... 4-45 m ........ 32, 39.0% - - -._ 17, 23 0% _ `......... 49 31.4% - - - - 5116/99 12:30pm I 23 28.0% 15I_ 20.3% 381 24.4% -__ 5116/99 5:50pm 25 30,5% 8 I 1:0.8%: 33 21,2% 5/17/991 3:30 pm 541: 65.9 % 46 � ` 62 2% E 100, 64: 5118199 3:00pm 43 52,4 %q i 541 73:0 6/, 97 622%61 Average l 39 47.4 %Q E E 28 384% 67' Hi h _.. - -- g 61 j 74.4% ` ................ 54 73 0 % �- ° .. .. 104 66.7% Low', 23 28:0 %j 8' 10,8%11 21.2%0 Vacancy Adjustment 16% Thy sd-It-'i wf,: YO 1717 of 1140f 4, q5 e �OIIIII too4e0v Front: 82 (City) Rear: 30 (City) 44 Iftnte) Subtotal: 156 8 (Street) Total: 154 LU t1k Q C) 14.) ,^ r ma: M= i1 t 7 7°i -(114k I.-), : /D pw, rte° i Q Q a Wye ekl Lip, 171 q T IAA C q5 T Front: 82 (City) Rear: 30 (City) 44 (Private) Subtotal: 156 8 (Street) TOtai: 164 i i w Z wu Q U U- d I TT ' C. , z 'ryz 1 c+j 4 4 13 el s� 4 Parking: Front: 82 (CHy) DL 3 Rear: 30 (City( 1 44 (PrKate) ) a� Subtotal: 156 8 (Street( t / Total: 164 4 / 1 Not to Scale uF w a a. su, kIIIAIA IAL �- - U O__ law°ll"`tc),'veOD Front: 82 (City) a-a Rear: 30 (City) d 44 (t ovate) Subtotal: 156 8 (S#eetj j- Total: 164 W ,LJ z a t:. Q a. H 0 rte/ AREA MAP off-. m ft4 n [III �l V82 Pao CO } 10 11.14 F Forking: Front: 82 (City( 5 Rear. 30 (City) 1 b 44 (Private) 3 0 Subtotal: 156 8 (Street) Z Total: 164 � d 21 Not to Scale U3 w 4 U G. Tousb-4� Alf-: �� I "'i � � 1 I WPOIIIIsct3ve4wD I -4,_' Front: 82 (City) Rear: 30 (City) 44 (Private) 3G Subtotal: 156 8 (street) 5 Total: 164 10:), / 24311 IDS / r o! s ° s r r s r W 0 0 s s 0 0 I ♦ City of Baldwin Park Case: SP -99 -2 Address: 14349 Pacific Avenue Date: May 26, 1999 Not it) Scate PATTEN, FAITH & SANDFORD WILLIAM E. FAITH ATTORNEYS AT LAW TELEPHONr JULES SANDFORO 635 WEST FOOTHiI L BOULEVARD (626) 359 -933S ERIC FAITH MONROVIA. CALIFORNIA 91016 -2097 Fax: (626) 303 -2391 KEVIN WELCH LOR RAINS GRlNQSTAFF EMMETT E. PATTEN il9l2 -[9871 THOMAS O- HOFFMAN May 25, 1999 Planning Commission City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Re: Case Number SP -99 -2 Address: 14349 Pacific Avenue Dear Commissioners: I represent Cecelia Lee, one of the owners of the real property located at 1434$ Ramona Boulevard, Baldwin Park, California. A request has been made for approval of a specific plan to allow the construction of a three - story, 56 -unit apartment development at 14349 Pacific Avenue. This location is presently vacant land which borders the rear of my client's property. The plans submitted will deprive my client of access to the rear of her property and to parking which she presently enjoys and has enjoyed for an extended period of time. Since parking is extremely limited on Ramona Boulevard for all the businesses located on Ramona Boulevard between Pacific and Maine Avenue, the proposed development will unduly impact on my client's business by eliminating certain parking spaces available to her business and to other businesses in that block. Furthermore, the 56 -unit apartment complex will also increase the demand for on- street parking and the traffic on all of Ramona Boulevard. Finally, the complex would limit my clients' access to the rear of her store, substantially interfering with the operation of her business and value of her property. We ask that you deny the permit necessary to allow construction. We do not believe that these impacts have properly been taken into account. My client has owned and operated her business at this location for over 30 years. This proposal will severely impact her business as well as those of her neighbors. There is no evidence that any ,of this has been taken into consideration in designing or reviewing this proposal. Very truly yours, PATTE*, FAITI q&ANDFORD Thomas O. Ifoffm TOH/fas cc: Cecelia Lee CITY OF BALDWIN PARK zt��� N Q *01 DATE: APPLICANT: TYPE OF PERMIT FILE NO.: City of Baldwin Park Specific Plan SP 99 -2 LOCATION OF PROJECT: 14349 Pacific Avenue DESCRIPTION OF PROJECT: A Specific Plan and Development Plan to allow the construction of a 56 unit affordable Dousing development. It is the opinion of the ® Zoning Administrator ® Planning Commission ® City Council 0 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) - (Title) Date(s) of Public Notice: May 6, 1999 Fx Legal advertisement ® Posting of the properties [� Written notice (C \LarryWFQAINEC3 DEC SP 99- 2.doc) CITY OF BALDW'IN PARK INITIAL STUDY 1. BACKGROUND 1. Name of Proponent: Kaufman and Broad Multi- Housing Group, Inc. 3 4 5 C Address and Phone Number of Proponent: 320 Golden Shore, Suite 200 Long Beach, CA 90802 -4217 (562) 256 -2000 Date of Checklist Submitted: March 24, 1999 Agency Requiring Checklist: City of Baldwin Park Name of Proposai, if Specific Pfan applicable: File Number: SP 99 -2 11 ENVIRONMENTAL IMPACTS 1.) Earth. Will the proposal result in a. Unstable earth conditions or in changes X in geologic substructures? 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? 3.) Water. Will the proposal result in X changes in ground water quality or quantity, or in alterations of existing drainage patterns? (C:'LarrylCFQAUS-.SP99- 2_doc) INITIAL STUDY SP 99 -2 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 X levels? 6.) Light and Glare. Will the proposal produce X new light and glare? 7.) Land Else. 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? .b. Substantial depletion of any nonrenewable natural resources? PAGE 2 X a 9.) Risk of Upset. Does the proposal involve a X risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the X location, distribution densit y , or growth rate of the human population of an area? 11.) Housing. Will the proposal affect existing X housing, or create a demand for new housing? 12.) TransportationiCirculation. Will the proposal result in a. Generation of substantial additional ! vehicular movement or alteration to X present patterns of circulation or movement of people and /or goods? INITIAL STUDY SP 99 -2 b. Effects on existing pparking facilities, or X demand for new parking? c. increase in traffic hazards to motor vehicles, bicyclists or pedestrians? I 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: PAGE 3 a. Fire protection? 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 X substantial increase in the use of energy? 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 i f. Solid waste and disposal? X 16.) Human Health. Will the proposal result in X the creation of any health hazard or potential health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open X to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant X archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. INITIAL STUDY 5P 99 -2 PAGE 4 . ....... .... . .... ..... ........ . ........................ ... ... . . .... ............ ... ...... . . . ......... .. .. ",_," .... .. ... ........ . . .. P �� f, 1i, �st�IKi �?ti$ � �"�Lii$1C � .. .. ... . � 1 . ..... a. Does the project have the potential to X 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 X j 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 i period of time, while a long -term impact will endure well into the future). c. Does the project have impacts which are X individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impacts on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental X effects which will cause substantial adverse effects on human beings, either I directly or indirectly? INITIAL STUDY SP 99 -2 Ill. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: PAGE 5 I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 X DECLARATION WILL BE PREPARED. Date: March 24 1998 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) City Planner (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Earth a. The topography of the property is relatively flat and the area is suited for grading. The project will result in minor grading for the preparation of building sites and excavation of utilities. Liquefaction potential, landslides and surface soil failures do not represent significant geotechnical constraints to the project. The project will result in the removal of a 1,220 ,- s.f. office structure, and the reconfiguration of public parking lots to accommodate a 56 -unit senior citizen apartment building. The project will have small open space areas, which will be landscaped to allow for the absorption of surface water. The site is served by a storm drain system, which provides protection for the subject site and general area. INITIAL STUDY SP 99 -2 PAGE 6 C. The project site is located in a relatively flat, urbanized area with a very low potential for wind and water erosion of soils. Southern California is considered a seismically active area and contains a number of active potentially active, and inactive faults. There are no known faults passing directly within the site, and the occurrence of direct ground rupture is not likely. The project will expose additional people to ground shaking from earthquakes due to the additional housing stock provided to the area. However, the potential is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. Further standard building code provisions provide protection form ground shaking, and the project is subject to the standards of the Uniform Building Code. 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. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout out the region. The Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan (SCAQMP), and the proposed project is consistent with that plan. The project will not have a significant impact upon air quality; however, there will be a temporary increase in air pollutants emissions during the construction phase. Construction dust and air pollution will be reduced to a less that significant level with mitigation measures. MWgafion Measures: Measures to reduce air pollution include the following: 1) That the applicant adhere to applicable SCAQMD rules insuring the clean up of construction - related dirt on approach routes to the site. 2) That watering techniques shall be employed to partially mitigate the impact of construction - generated dust particles. 3) Maintenance and servicing of construction equipment to minimize exhaust emissions. 4) Halting of construction activities during Stage One and Stage Two smog alerts. 3, Water The project will result in an increase of impervious surfaces. This coverage may result in an increase in the amount and speed of runoff during storms; however, the site is adequately protected by a storm drain system that serves the area. 4, Plant and Animal The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. 5. Noise a) Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall noise levels to an acceptable range. Increased population and development will result in Its MAL STUDY SP 99 -2 PAGE 7 increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.) This increase is considered to be less than significant. b) The existing and anticipated future noise levels from vehicle traffic along Pacific Avenue are considered incompatible for residential uses unless mitigated. Mitigation Measures: Double -pane glass shall be used for all windows. 6. Light and Glare Lighting throughout the project site must comply with City Standards intended to promote public safety. Lighting in the project site will include additional street lights for the proposed street and residential lighting. An increase in the amount of lighting will result from the need to provide for adequate street lighting. Street lighting levels are generally low in residential areas and the lighting provided for the extension of the proposed street would be subject to the standards of the Municipal Code requirements. Land Use The site is mostly vacant, with a 1,220 square foot vacant office building and two paved city owned parking lots. The proposed project would include demolishing the office building, and construction of 56 apartment units for lower - income senior citizens. The introduction of residential development at this site should be beneficial to the success of the downtown district. The presence of residents within walking distance of stores and services helps to support local businesses and prevent sales tax revenues from "leaking" outside :of the city. The provision of residential uses in the downtown can also help to improve nighttime security and deter vandalism. Reductions of certain types of crimes often occur as a result of a phenomenon called "eyes on the street ", where the presence of residents (by being able to look outside their windows onto the street) adds an element of natural surveillance to an area that might otherwise be deserted. Mitigation Measures: The project design shall be more precisely detailed to ensure compatibility between the new residential uses and the existing commercial uses along Ramona Bivd. New parking and trees shall be arranged in a way that provided an appropriate transition between the uses. Pedestrian paths shall be clearly marked to allow ease of pedestrian travel to the adjacent commercial uses. 8. Natural Resources Natural resources will be used for construction materials, but the project will have no significant increase in additionaf energy usage. 9. Risk of Upset The residential zone does not allow for the use, storage or transportation of hazardous materials. Therefore, there are no potential hazards or risk of upset associated with this project. 10. Population The provision of 56 units will increase the population of the area by approximately 68 persons. The increase in population would not create a significant impact. The potential result of increase manpower and equipment needed to serve citywide demands are evaluated annually. 11. Housing INITIAL STUDY SP 99 -2 PAGE 8 The project. will increase the housing stock of the City, and provide for affordable housing opportunities. The provision of 56 lower - income senior apartments will assist the City in providing replacement housing for low- and very low - income units demolished as a result of recent redevelopment activities. 12. Transportation /Circulation a) The project will result in an a minor increase in traffic, However, because of the nature of the project (senior citizen housing), the anticipated traffic is expected to be minimal. The project is expected to generate approximately 2.8 additional a.m. peak hour vehicle trips, and 4.5 p.m. peak hour trips. Vehicular access to the site will be from Pacific Avenue. The adjacent streets have the capacity to handle the projected traffic generated by the proposed project. Mitigation Measures: A warrant study for traffic signal will be required for the intersection of Pacific Avenue /Ramona Boulevard and Sterling Way /Ramona Blvd. If warranted, the applicant shall be responsible for the installation of the traffic signal at this/these, intersection. b) Thirty -one (31) on -site parking stalls will be provided for the residents and guests of the 56 units. This amount of parking translates to a rate of .45 spaces per unit for 1 -br units, and .9 spaces per unit for the 2 -br units, which is 30% of the Municipal Code parking rate of 1.5 spaces per unit. An analysis of similar senior citizen apartment projects listed below reveals that the actual resident parking needs are approximately .30 spaces per unit. Senior Housing Parking Analysis By Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking for the entire block is provided by the City owned parking lots at no cost to the property owners. The existing businesses are supplying only 17% of the parking that would normally be provided by comparable commercial properties. When the City owned parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately 26 parking stalls within the entire block of Ramona Blvd, and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: Spaces Assigned Utilized Utilized Project City Units Provided Rate Parking Spaces Rate Courtyard Pasadena 70 18 0.26 10 56% 0.14 Pointe Los Angeles 84 25 0.30 25 100% 0.30 Terrace Hawthorne 75 24 0.32 23 96% 0.31 Plaza Los Angeles 40 16 0.40 11 69% 0.28 Senior Housing Hawthorne 75 32 0.43 26 81% 0.35 Amador El Monte 70 30 0.43 19 63% 0.27 Monterey Park Plaza Monterey Park 67 30E---0475 6 20% 0.09 Senior Court Baldwin Park 75 44 0.59 18 41% 0.24 Vistas Los Angeles 100 60 0.60 47 7a% 0.47 Casa East Los Angeles 75 48 0.64 20 42% 0.27 Gardens commerce 24 16 0.67 8 50% 0.33 Manor Commerce 75 54 0.72 41 76% 0.55 Southbay Manor National City 76 59 €1.78 14 24% 0.18 Villa Moreno Valley 75 66 0.88 22 33% 0.29 Totals 981 522 0.53 290 56% 0.30 Monterey Ave Baldwin Park 75 34 0.45 0% 0.00 By Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking for the entire block is provided by the City owned parking lots at no cost to the property owners. The existing businesses are supplying only 17% of the parking that would normally be provided by comparable commercial properties. When the City owned parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately 26 parking stalls within the entire block of Ramona Blvd, and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: INITIAL STUDY SP 99 -2 Front (City owned) 82 N/A 82 €VIA Rear: City owned 30 NIA 33 NIA Private 44 17% 67 23% Y Subtotal 156 60 %* 182 64 %* Street 8 N/A i 8 NIA Total 164 N/A 190 N/A The subtotal % of Code counts city owned parking toward meeting the Code requirements for parking. PAGE 9 On paper, since only 60% of the Code required parking is being provided, it would appear as though the entire block would suffer from a severe shortage of parking. However, an analysis of parking availability within this block suggests otherwise. /o 5/16/99, 12:30pm! 23 2$.0% 15 20 3`" 38 24.4%1 5/16/99� 5:50pmi 25 30.5 ° /© 8, 1D.$1/ 33. 21.2% 5117199 3 :30pm —� 54 65,9 463 62.2 % 100j 64.1 % 5118!99 3:OOpm 431 52.4 % 54; 710W 97i 62.2% i Average; 39 47.4% 28 38.4% 67 43,1% High; 61 74.4% 54 73.0% 104 66.7% Low 23 28.0% 8 10.8% 33 21.2 %' - _........ ....... _ ........ ..... _.._.. J Vacancy Adjustment 16% Average 45 53.6%I 331 51.5% 78� 50.0% g ° 631 84.6 %E 1331 85.5% Low 271 32.5°/ ©, 91 12.5%1 36 23.1% j 3 During certain times of the day, cars have been observed to cluster. , around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking st;mdls should be sufficient to accommodate existing and future parking needs within this block. MiWafion Measures The applicant shall supply at least 33 parking stalls for general public use to the south of the commercial buildings within the 14300 block of Ramona Blvd. An easement for ingress and egress shall be provided to allow the use of the driveways within the subject property to access the backs (south side) of the properties within the 14300 block of Ramona Blvd 14300 Block Ramona Blvd. Parking Analysis - 1999 82 spaces 7 74 s spaces 1 156 spaces Date T Time F Front % Full R Rear % % Full T Total % Full 5113199 6 6:46pm 3 34 4 41.5% 1 16 2 21.6% 5 50 32.1% - - -= 1 12:10pm; 6 61 7 74.4% 4 43'' - -- - - :45_p- m 3 3 2 3 39.0% 1 17 2 23.0— - 49 314 - Vacancy Adjustment 16% Average 45 53.6%I 331 51.5% 78� 50.0% g ° 631 84.6 %E 1331 85.5% Low 271 32.5°/ ©, 91 12.5%1 36 23.1% j 3 During certain times of the day, cars have been observed to cluster. , around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking st;mdls should be sufficient to accommodate existing and future parking needs within this block. MiWafion Measures The applicant shall supply at least 33 parking stalls for general public use to the south of the commercial buildings within the 14300 block of Ramona Blvd. An easement for ingress and egress shall be provided to allow the use of the driveways within the subject property to access the backs (south side) of the properties within the 14300 block of Ramona Blvd During certain times of the day, cars have been observed to cluster. , around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking st;mdls should be sufficient to accommodate existing and future parking needs within this block. MiWafion Measures The applicant shall supply at least 33 parking stalls for general public use to the south of the commercial buildings within the 14300 block of Ramona Blvd. An easement for ingress and egress shall be provided to allow the use of the driveways within the subject property to access the backs (south side) of the properties within the 14300 block of Ramona Blvd INITIAL STUDY SP M -2 PAGE 10 c) The design of the project limits the number of drive approaches to two on Sterling Way and one on Pacific Avenue thus minimizing potential traffic, bicycle and pedestrian hazards. 13. Public Services a) Police. Public services are already in place to serve this development. The project may result in some increase in police calls, although on -site supervision and security fencing should minimize such calls. The design of the project incorporates a number of "Crime Prevention Through Environmental Design" (CPTED) principles to reduce opportunities for crime. For example, the buildings fronting Pacific Ave and Maine Ave will be designed with an "eyes on the street" orientation, with doors and windows facing the street without intervening walls. This type of building orientation provides for the natural surveillance of the. streets and has proven to enhance public safety. b) Public services are already in place to serve this development. The project may result in some increase in police and fire calls. c) There would be no increase in local school enrollment. d) Although residential uses will increase under the proposed project, the project is not expected to significantly impact the existing parks or recreational facilities. The City collects a `Development Fee`, which can be utilized to off -set the potential impact of the proposed project. 14. Energy A net gain of 56 senior citizen residential units will increase the demand for energy. However, the proposed growth is a small portion of total regional growth and does not represent a significantly different energy use. The impact of this growth will not be significant. 15. Utilities a) The site is served by existing utilities. No problems in providing services is foreseen. b) The site is currently being served by an adequate communicatio,is system. No problems is providing these serves is foreseen. c) The site is currently being served by and existing water distribution system. No problem in providing services is foreseen. d) The City's sewer system is maintained by the County Sanitation District, which provides an adequate system. No problems in providing services are foreseen. e) The project site is not within a flood zone area. The increase in impervious surfaces will marginally increase runoff form the project area. The proposed project will be required to provide satisfactory drainage to available storm drains. f) A net gain of 56 senior citizen residential units will increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level. 16. Human Health The development of the proposed project does not involve unique or unusual human health INITIAL STUDY SP 99 -2 PAGE 11 concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17, Aesthetics The project will not result in the obstruction of any scenic views open to the public. Through the Design Review process, the project will be designed so as to ensure that no aesthetic offensive site, building, or mechanical equipment will be open to public view. Further, the project is compatible with the surrounding adjacent properties and consistent with the Design Guidelines developed by the City. 18. Archaeological /Historical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on 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 less than significant. 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. INITIAL STUDY SP 99 -2 ENVIRONMENTAL INFORMATION FORM Date filed: March 24, 1999 General Information Name and address of developer or project sponsor. Kaufman and Broad Multi- Housing Group, Inc.. 320 Golden Shore, Suite 200 Long Beach, CA 90802 -4217 (562) 256 -2000 2. Address of project: 14349 Pacific Ave 3. Assessor's Block and Lot Numbers: 8554- 020 -021, 900, 901, 902, 903, 904, 905 PAGE 12 3. Name, address and phone number of person to be contacted concerning this project. Lawrence Onaga, City Planner, Planning Division, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261. 4. Indicate the number of the permit application to which this form pertains: SP 99 -2 S. 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: Public approval by the Planning Commission and City Council for the specific plan and development plan. A parcel map is required in order to consolidate the parcels. A Disposition and Development Agreement will be required. 6. Existing zoning district: C -2, General Commercial 7. Proposed use of site (Project for which this form is filed): Development of 56 senior citizen apartment units PROJECT DESCRIPTION The proposed project involves the demolition of an existing office building, and assembling 6 lots to form a 59,600 square foot (1.37 acres) development site. The combined site will have frontage on Pacific Ave to the east, Maine Ave on the south, and Sterling Way to the west. Vehicular access will be provided from Pacific Avenue and Sterling Way. The proposed housing development consists of a three story 56 unit — apartment for lower - income senior citizens. The one - bedroom units will be 550 square feet in floor area; the two bedroom unit will be 700 square feet in floor area. Thirty -fone on -site parking stalls will be provided for residents. The parking will be open surface parking. INITIAL STUDY SP 99 -2 ENVIRONMENTAL CHANGES PAGE 13 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 residentlal 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 duality 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 subsances, 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. 0 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 1605 (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 76,000 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. Lan Jse Application CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVE II 1 BALDWIN PARK, CA 91706 BALDWIN (626) 813 -5261 P • A • R • K TYPE OF APPLICATION General Plan Amendment Zone Change _ Code Amendment Development Plan T CRA Conceptual Approval APPLICATION INFORMATION Name of applicant(s) Zone Variance' Conditional Use Permit Administrative Adjustment _X__ Specific Plan Other Address 320 Golden Shore, Suite 2010 Long Beach, CA 90802 -4217 Phone No. S69-2 -2000 Capacity Owners) of Record Cit of Baldwin Park Owner's Address 14403 E. Pacific Ave., Baldwin Park, CA 91705 PROPERTY INFORMATION Location Maine Avenue and Pacific Assessor Parcel Number(s) Tract and Lot Number(s) Existing General Plan Designation General Commercial Existing Zoning for each parcel - Existing Land Use Vacant Land Code Section to be amended Purpose of request Specific Plan CERTIFICATION STATEMENT: Ifwe acknowledge the filing of this application and certify that all the above information is true and accurate and that Ilwe have familiarized myselflourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record riiust complete and have notarized the attached Own om the legal owner.) Signature Date Signature FOR CITY USE ONLY: File No.: Fee: Received by: F /Pianninrfforms /Landapp Date Date: RESOLUTION NO. 99- 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN TO ALLOW THE CONSTRUCTION OF A 56 -UNIT SENIOR AFFORDABLE APARTMENT DEVELOPMENT (APPLICANT: KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC,- LOCATION: 14349 PACIFIC AVENUE; CASE NO.: SP 99 -2). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applicationsi( "Applications ") for a Specific Plan and a Development Plan were submitted on behalf of1the"owners of certain real property, located at 14349 Pacific Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and b) That the Specific Plan is requesting approval to allow the construction of a 56 -unit senior apartment development pursuant to Government Code Section 65456; and C) That on May 26, 1999, a duly noticed public hearing was held on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approve the Specific flan; and d) That a duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the Specific.Pr9n should be approved. SECTION 2. That Specific Plan, as herein described be, and the same hereby is approved. SECTION 3. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed Mitigated Negative Declaration of Environmental Impact. That the City Council, based upon its public review, does hereby find that said Mitigated Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality, Act, and hereby adopts the Mitigated Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND APPROVED this 16 " day of ,tune, 1999. Mayor r Resolution No. 99-49 June 16, 1999 Page 2 ATTEST: KATHRYN TIZCARENO, CFrY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS, CITY OF BALDWIN PARK ) 1, KATHRYN V. TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 99-- was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on June 16, 1999, by the following vote: AYES : COUNCILMENBER: PACHECO, LAIR, MAYOR PRO —TEM VAN CLEAVE, AND MAYOR LOZANO NOES : COUNCILMENBER: NONE ABSENT : COUNCILMENBER: �L�nu ABSTAIN: COUNCILMENBER: NONE l�i�yLj:iJi� /d�� iii/ /�,!(s�I �' �► f �' " 121 [INS] a 00110:4 at BALDWIN P > A, R.. K TO: FROM: DATE: SUBJECT: P1 Ippflgp CITY OF BALD WIN PARK City Council James Hathaway, Interim Public Works Director June 16, 1999 Integrated Waste Management Fee Increase CITY COUNCIL AGENDA JUN 16 FI�T RFPiI� 7999 STA This report requests that the City Council authorize the Public Works Director to execute the necessary documents providing for an increase to the Integrated Waste Management (AB939) fees collected, develop a program to increase the frequency of street sweeping from bi- monthly to weekly and establish a policy mandating the diversion of the waste materials generated. BACKGROUND As a part of Amendment No. 2 to the franchise agreement with Waste Management, the City established an Integrated Waste Management (AB939) fee for the purpose of funding diversion programs aimed at meeting the mandates of AB939 legislation. This legislation requires that the City reduce the overall waste stream by a goal of 50% by the year 2000. AB939 fees were first charged with the Waste Management billing cycle commencing in July 1993. The fees were initially set at $0.25 per month for residential customers and 1.5% of the gross annual receipts for commercial service and have remained unchanged since their inception. DISCUSSION As each year passes, the City finds more and more regulations taking effect that are unfunded and require unique approaches to financing in order to allow for minimal compliance. In many cases, the City can achieve compliance by systematically combining the efforts of overlapping programs. Mandates that have taken effect, and those that will be in place during the next twelve months, deal extensively with waste diversion and prevention of storm water pollution. Even though the mandates are independent, they share common is�.zG:s related to the collection of waste materials and the need to divert them from the local landfills. For this reason, staff determined there was a need to review how we currently do business in each of our environmental programs, most specifically street sweeping due to the volume of waste materials generated and the need to obtain diversion credit for the materials collected in the City streets and drainage system. AB939 Fee Increase June 16, 1999 Page 2 Trash, litter, vegetation and general debris accumulating in our City streets can create a very negative visual impact and has the potential to greatly contribute to an overall decline in the level of community pride. This is why street sweeping has, for the most part, has always been considered as an aesthetic program with the main focus of keeping the streets clean. Although community pride may suffer as a consequence of failing to provide this service, other more serious issues occur as a result of trash, litter and debris accumulating in the streets. The most significant comes in the form of potential flooding when drains and catch basins become clogged and the flow of the storm water runoff is restricted. The process of removing debris from both the streets and drain system currently generates approximately 1,400 ton of debris that needs to be diverted with an estimated 500 tons that accumulates on the streets and flows into the storm drain system. The City of Baldwin Park sweeps all fully improved streets twice per month and manually cleans City -owned drainage structures and inlets on an as- needed basis and does not provide any mechanism for diverting waste materials from the landfill. This way of doing business also does not ensure compliance with the current NPDES (National Pollutant Discharge Elimination System) permit mandated under Federal legislation and is not sufficient to insure the safety of the community with respect to potential flooding dangers. Furthermore, as a result of recent litigation with environmental groups, the California Regional Water Quality Authority Board will be setting limits during the next twelve months addressing the total amount waste materials (pollutants) that any City or jurisdiction can eliminate through their storm drain system. These limits are known as TMDL's (total maximum daily loading), many of which the street sweeping program can address. The limits are expected to be in place within the next twelve months and failure to comply can result in penalties of up to $25,000 per day. In order to comply with these NPDES mandates, it will become necessary to increase the frequency of street sweeping from two times per month to weekly. By doing so, the City assures itself of complying with the TMDL's by taking a preventative approach and keeping the majority of the litter from entering the storm drain system at the source. In addition, as a part of this program it is possible to create a diversion program for all of the waste materials collected rather than simply sending it the landfill as is the current practice. By creating a new, mandatory diversion program for sweeper debris, the City can expect a 2% reduction rate attributable to the 50% by year 2000 goal. While this figure may appear insignificant, the overall impact toward the City's required good faith effort is substantial. Failure to make a good faith effort toward AB939 compliance can result in fines of up to $10,000 per day. As we all know, when it becomes necessary to expand services in the community, funding is always a main consideration of implementation. Ordinarily, sweeping would be paid for out of general funds. However, by developing a waste diversion program in conjunction with street sweeping, the focus shifts from aesthetic cleaning to recycling and diversion and compliance with the TMDL's of the storm water mandates and AB939 fees can be utilized to offset the cost of the additional services rather than general fund. Since the majority of Baldwin Park is residential, the residential sector will receive most of the impact and benefit of the expanded service. Since commercial sector rates will need to be restructured in the near future as a part AB939 Fee Increase June 16, 1999 Page 3 of our SRRE (Source Reduction and Recycling Element) their respective fees will be analyzed as a part of the restructuring. For these reasons, it is recommend that an adjustment of $0.50 be made to the current residential AB939 fees at this time, thereby bringing the total fee to $0.75 per month. This relates to a nominal charge of $6.00 annually per household. This increase will offset the costs associated with providing the services, as well as, for research and development of other potential diversion programs to meet the AB939 mandates. Furthermore, an increase of $0.50 is not unreasonable since other jurisdictions charge as much as $1.00 per month, Baldwin Park residents have enjoyed the benefit of stable trash rates without any form of increase for services provided by the franchise hauler since July 1, 1997. As stated previously, the AB939 fee has not increased since it was first charged in 1993. Overall, the benefit to the community will include 1) improving the overall aesthetics in all areas of the City, 2) a reduction in manual labor to clean City -owned drainage structures, 3) a reduction in the risk of flooding, 4) will establish a cost- effective mechanism to meet current and future storm water and waste diversion regulations and 5) enable the City to avoid costly penalties for AB939 and NPDES non - compliance. FISCAL IMPACT The proposed increase will generate $70,000 in revenues on an annual basis. Failure to approve the recommended fee increase will result in the need to shift funding of weekly street sweeping and waste diversion as it relates to the program utilizing $58,000 of general funds and may result in penalties totaling up to $35,000 per day combined. Provisions for these programs have been included as a part of the fiscal year 1999/2000 budget. Integrated Waste Management (AB939) fees constitute a refuse collection fee and therefore are not subject to a special election and the voting provisions of Proposition 218. RECOMMENDATION In order to maintain compliance with both AB939 Waste Diversion and Federal Clean Water ( NPDES) mandates, it is recommended that the City Council author ize the Public Works Director to execute the necessary documents to provide for an incre,. �e of $0.50 per month for AB939 fees collected, develop a program to increase the frequency of street sweeping from bi- monthly to weekly and establish a mandatory diversion program as it relates to the waste materials collected. REPORT PREPARED BY Wendy S. Lemm- Harris, Public Works Supervisor Olk 1 11 4 BADWI N P A R, R TO: FROM: DATE: SUBJECT: PURPOSE CITY COUNCIL AGENDA City Council D Richard A. LeGarra, Chief of Police June 16, 9999 SCHOOL COMMUNITY POLICING PARTNERSHIP GRANT This report requests City Council approval to submit for the School Community Policing Partnership Grant, which is funded by the California Department of Education and the Office of the Attorney General. BACKGROUND The California Department of Education and the Office of the Attorney General, through the School /Law Enforcement Partnership, are soliciting applications to operate School Community Policing Partnerships (SCPPs). This program provides grant funds to school districts or county offices of education who work with a law enforcement partner to implement a School Community Policing approach in dealing with school crime and safety issues. A key feature of this program is the strong emphasis on collaboration between schools, local law enforcement agencies, and community -based organizations. DISCUSSION Safe Schools Coordinator Gus lirias from the Los Angeles County Office of Education is offering to collau)orate with the Baldwin Park Unified School District, Baldwin Park Unified School District Police, the Baldwin Park Police Department, and other Community Based Partners to address school crime and safety issues. From statistical reports compiled by the California Safe Schools Assessment, Sierra Vista Nigh School and Baldwin Parts High School have been identified as schools with high crime rate incidents. Reviewed by: School Community Partnership Grant .tune 16, 1999 Page 2 Based on the number of crimes per 1,000 students for 1990 -99, Sierra Vista High School. has a higher rate of drug and alcohol offenses, as well as crimes involving person and property and possession of weapon offenses, then all students in the Los Angeles County School Districts. Reported crimes for ] 997 -98 in the area of dru.g /alcohol, battery, weapon assaults, weapon possession, and property cringes, show that both Sierra Vista and Baldwin Park High School exceeded the Baseline Student Crime Rate per 1,000 students compared . to all Los Angeles County ,Schools. For this same time period, Sierra Vista and Baldwin Park High School exceed the statewide crime rate as well. It is evident from information provided by the California Safe Schools Assessment, which is reported by the District Police, that a School Community Policing Partnership is needed. If awarded, the collaboration would immediately begin to identify school community cringe and /or youth problems and then develop solutions and programs to address these issues. The term limit for this grant is three years. It is funded at $100,000 per year. Grant funds up to $' :ft,000 spread across three years will be awarded, with additional start -up funds of as much as $25,000. Grant recipients are required to provide a 25% match to the operational grant funds. This 25% matching fund maybe "in- kind" and it is highly recommended and desirable that matching funds be shared among the collaborators. I'here is no matching fund requirement for the $25,000 start -up funds. Presently, a collaboration exists with the Los Angeles County Office of Education, Baldwin Park Unified School. District Police, Sierra Vista High School, Baldwin Park High School, Kaiser Permanente, teachers, parents, and students. Other community -based organizations will be identified as the assessments of programs continue. Because two different sites have been identified, two separate grants are required. The application requirements are identical in terms of snatching funds and funds awarded. FISCAL IMPACT By applying "in- kind" matching funds, there will be no direct fiscal impact. Monies awarded by the grant will fund any programs created which address school crime and safety issues. School Community Policing Partnership Grant June 16, 1999 Page 3 RECOMMENDATION Staff recommends the following: Council approve the submission of two separate School Community Policing Partnership Grants in collaboration with the Baldwin Park Unified School District, Baldwin Park Unified School District Police, the Los Angeles County Office of Education, Kaiser Pernlanente Hospital, and other Community -Based Organizations. 2. Approve an equal sharing of the matching fund requirements among the collaborative partners. DEPORT PREPARED BY Captain Dan Higginbotham RAL /DH /dh BALDWIN PARK CITY HALL 14403 E. Pacific Avenue 3rd Floor, Room 307 Baldwin Park, CA 91706 JUN 16 1999 MAY 13 1tNNO._ Wednes ay 6:30 P.M. The CITY COUNCIL. and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met ire an ADJOURNED MEETING at the above time and place. ROLL CALL: Councilmembers Ricardo Pacheco, Linda Gair, Mayor Pro -Tern William "Bill" Van Cleave, and Mayor Lozano Also Present: David Olivas, City Attorney; James Hathaway, Finance Director; Steve Cervantes, Director of Community Development; Ana Montenegro, City Treasurer; and Kathryn V. Tizcareno, City Clerk. PRELIMINARY BUDGET Director Hathaway gave an overview of the preliminary REVIEW (1999 - 2000) revenues as follows: Property taxes have increased 1% and we are continuing to track last year's estimate of $1,340,000. Sales tax estimated revenue is approximately $3,000,000. The Saturn dealership brings in approximately $100,000 in revenue. There continues to be sales tax growth in our city. Transient Occupancy Tax is stagnant. There is no change in Franchise Tax revenues. We are seeing a slow growth in Utility Users in the approximate amount of $52,000. Business License Tax is on track as projected. Vehicle licensing rates will be provided by the State this week. The grants that Chief LeGarra has applied for are continuing. All in all, the total revenue in the General Fund is about $13,792,455 dollars. Chief LeGarra presented his department's budget explaining that the budget for this corning fiscal year will be greater than previous years by about $800,000. Next year's proposed budget is about $9,896,485.00. This year's budget stands at $9,065,303.00. Director Hathaway reported as on the proposed budget as follows: City Council's budget for this year is the same from last year; City Clerk's budget is Iess than last year because of staffing changes. There is a request for a reclassification for a part -time help to assist the Deputy City Clerk in her activities; City Attorney was increased to reflect actual costs of the Attorney; City Treasurer has no changes, but it was pointed out that she is the lowest paid elected official in the city; Finance Department has requested to add two accountants /clerks to work with Redevelopment, CDBG, and the various funds that are out COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PART, CA 91706 MAY 1.9, 1999 WEDNESDAY 7800 P.M. The COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. WARRANT REGISTER NO. 483 LAND ACQUISITION - 14439 14439 GARVEY AVENUE ROLL CALL: Present: Members: Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Chairman Lozano. Also present: David Olivas, City Attorney; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Development; Ana Montenegro, City Treasurer; Kathryn V. Tizcareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk CONSENT CALENDAR City Clerk Tizcareno presented the Consent Calendar as follows: The minutes of May 5, 1999 were approved Warrant Register No. 483 was approved. The Agency approved the proposed land acquisition of Garvey Avenue for land bank purposes.. CONSENT CALENDAR A motion was made approve the consent calendar as APPROVED presented. MOTION: Mayor Pro -Tem Van Cleave SECOND: Councilman Pacheco Motion Carried JOINT PUBLIC HEAR DISPOSITION AND DEVELOP- MENT AGREEMENT - APPLICANT: THOMAS SAFRAN & ASSOCIATES LNG — COUNCIL & REDEVELOPMENT AGENCY Director Cervantes requested that this item be opened and continued to the newt meeting. Director Lozano declared the public OPEN for public participation. There were no speakers. A motion was made to continue this item to June 2, 1999. MOTION: Member Gair SECOND: Member Pacheco Motion Carried CRA Minutes — May 19, 1999 REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES Page 2 DOWNTOWN/CIVIC CENTER Consultant Ron Cano presented the report. One of the UPDATE key elements was to build a leadership, and there has been very little leadership in terms of organizational structure. We spend a lot of time doing one -on -one interviews, distributing surveys, hosted workshops, and the company has looked at this professionally. The first workshop was held. on March 23 and we sent out notifications to all property owners. We walked the entire area and personally handed out flyers. There was an article in the NOW regarding the project. In total, there were 12 people that attended this workshop. These 12 people seem to be committed to the process. The workshop was to talk about the objectives, the importance of this project. The follow -up meeting on April 13 had 13 people who attended. The objective of this meeting was to establish a listing of key people that the merchants felt that were critical to be interviewed. They gave their opinions about the Downtown area. Someone suggested that we give the surveys to the School District. We decided to set up the opinion survey in English with the paragraph that would say that if you want the survey in Spanish, please call and we would assist you. We received feedback that the School District would like the opinion survey in Spanish, so Director Cervantes provided 9,000 that went out. Sierra Vista School and Baldwin Park High School said that they received the surveys in Spanish, but would like them in English.. These surveys are just feedback. We completed eight interviews with key property owners and merchants who have given feedback. We made a presentation for the Chamber of Commerce Board of Directors. Hopefully, they would provide two members who are business owners or merchants of the Downtown Area. We have a June 3rd Workshop, and we will talk about Redevelopment and show some of the preliminary findings, since they are the basis to our strategies. The biggest challenge is that there is a feeling that the City has to be responsible for all of the problems. This needs to be turned around. Businesses need to be more active in bringing in other businesses. CRA minutes —May 19, 1.999 Page 3 Upon question from Mayor Lozano, Director Cervantes said that there is a meeting on Thursday, June 30, 5:30 p.m., for a "Redevelopment 101 Update ", will start with the legislative, legal issues that would lead into the Downtown Civic Center Implementation Plan. Upon question from Councilwoman Gair, Ron Cano said that flyers were sent out to property owner within the project area announcing the meeting that we had on March 23. Councilwoman Gair expressed concern over that the total of 39 out of 26,000 would make it difficult to have a good feel. Icon Cano replied that they will call them and tell there that this process will continue to receive the opinion survey. We will still get a sense on what people want. Upon question from Mayor Pro -Tem Van. Cleave, Ron Cano said that they are handing out the surveys to the business owners that are within the Downtown Project Area, and we are receiving good feedback. Mayor Pro -'Tern Van Cleave recommended getting a list from the Clerk of the phone numbers of the businesses in the Downtown Area and send diem a follow -up area letting them know that we are still accepting the opinion surveys. Councilman Pacheco suggested going out and doing personal surveys because usually these have better turnout. He agreed to assist Ron Cano in this aspect. AUTHORIZE BOND FINANCING This matter was pulled and there was no discussion on TEAM FOR AUTOMATION this matter. ADJOURNMENT There being no further matters to be discussed, Director Lozano adjourned the meeting at 8:50 p.m, Approved as presented by the Agency at their meeting held Jane 16, 1999. City Clerk/Deputy cRA . AGENDI UN 16 1999 REDEVELOPMENT AG � CITY OF BALDW4 — June 16, 1999 WARRANT REGISTER NO. 485 Jun 08, 1999 09:52am page 1 Check History. Bank RA Check Dates 00/00/00 to 99/99/99 Check #'s OlOS14 to 010527 -------------------------------------------------- --------------------------------- ------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4413 PREMIER SERVICES ESCROW DIVISION RA 010514 05/27/99 22,534.00 Claim# General Description 24576 FINAL PAYMENT FOR RELOCATION BENFITS PO# Stat Contract# invoice# lnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 05/27/99 22,534.00 22,534.00 GL Distrihution Gross Amount Description 281- OOA -5136A 22,534.00 RELOCATION BENEFITS ------------------------------------------------------------------------°___°_-_-_____--____-------.._--- --- ---- ---- ------ _--- - - °___° Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4313 ACO SANITATION RA 010516* 06/03/99 276.68 Claim# General Description 24547 FENCE /GATE INSTALLATION PO4 Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 086873 05/18/99 265.85 0.00 265.85 087268 05/19/99 10.83 6.00 3.0.83 GL Distribution Gross Amount Description 281- OOA- -SO20A -------------------.._------------------------------------`--------------------------------------------------------____ 276.68 INSTALL FENCE Bank Check# Chk Date Check Amount Sep Vend# Vendor Name Bank Check# °- __ °_-- - --- -- Chk Date Check Amount Sep 4410 BEKINS MOVING & STORAGE CO. RA 010517 06/03/99 3,243.63 Claim# General Description 24548 MOVING FEES DAN & VICKI STEFFAN (AUTOMATION RELOCATEES) PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount X303363 05/20/99 3,243.63 4.00 3,243.63 GL Distribution Gross Amount Description 281- OOA -SO20A ------------------------------------------------------------------------------------------------------------------------------------ 3,243.63 MOVING FEES Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4411 PAYE F VASET RA 010518 06/03/99 22,955.00 Claim# General Description 24549 BUSINESS RELOCATION 14265 GARVEY AV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/02/99 22,955.00 0.00 22,955.00 GL Distribution Gross Amount Description_ 281- OOA -5020A 22,955.00 BUSINESS RELOCATION Warrant Register No. 485 Page 2 Jinn 08, 1999 09:52am Page 2 Check History. Sank RA Check Dates 00/00/00 to 99/99/99 Check #'s OI0514 to 010527 -------------------------------------------------_---------___--_-----_-'---°___--'---'----°___..___---__-------------------------------- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4251 L & M DIVERSIFIED RA 010519 06/03/99 170.00 Claim# General Description 25:550 LANDSCAPE MAINT PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 35571 04/30/99 170.00 0.00 170.00 G7, Distribution Gross Amount Description 0.00 21.16 281- 00A -5020A 3.70.00 LANDSCAPE MAINT __.._____-___..__'-_'---___- ----`---`-`----`-----`------------- Vend# Vendor Name ----- -------- ----- --- ---- ------ ----------------"-----`------------------- Bank Check# Chk Date Check Amount Sep 4412 MIGUEL & MARTHA GUERRER.O �-_---- _--- ---__--- _-_ °_- _---- RA 010520 05/03/99 1,550.00 Claim# General Description 24551 MOVING COMPENSATION 4 =NISFED ROOMS $1150. + $400, SEC DEP PO# Stat Contract# Invoice# invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 05/27/99 1,550.00 0.00 1,550.00 GL Distribution Gross Amount Description 0.00 21.16 281- 00A -5020A - --- ------------------`---`-`-------------------------------------------"--------------------`---`--'-------------------`---``------- 1,550.00 MOVING COMPENSATION Vend# Vendor Name 38.36 MISC SUPPLIES Bank Check# Chk Date Check Amount Sep 683 NICHCLS LUMBER & HARDWARE �-_---- _--- ---__--- _-_ °_- _---- RA 010521 06/03/99 38.36 Claim# General Description 24552 MISC SUPPLIES PO## Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 545577 05/06/99 17.20 0.00 17.20 505229 05/05/99 21.16 0.00 21.16 GL Distribution Gross Amount Description 206- 37A -5010A 38.36 MISC SUPPLIES --------- I ---------'----------------------------' Vend# Vendor Name �-_---- _--- ---__--- _-_ °_- _---- ___ ---- --_--__--_-_------_ ----- Bank Check## -�--- ---------------- - ---- Chk Date Check Amount Sep 4394 NOE ALARCON & CARMEN MORENO RA 010522 06/03/99 600.00 :Iaim# General Description 24553 SECURITY DEPOSIT -$400. AND BALANCE OF RENT FOR MAY 10 -JUNE 20, 1999 (AUTONATION RELOCATEES) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 600.00 0.00 600.00 GI., Distribution Gross Amount Description 281 - DOA -5020A 600,00 AUTOMATION RELDCA`FES Warrant Register No. 485 Page 3 Jun 08, 1999 09:52am Page 3 Check History. Bank RA Check Dates 00/00/00 to 99/99/99 Check #'s 010514 to 010527 ----------------------------°_--___------------ -- ----------------------- -- -_-_ ------ _-------- -------- -- - - -- — ----- -- _- ---- ---- - - - - -- Vend;# Vendor Name Bank Check# Chk Date Check Amount Sep 1259 PREMIUM ESCROW RA 010523 06/03/99 144,626.25 Claim# General Description 24554 CLOSE OP ESCROW 3145 BALDWIN PK BL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt .Discount Used Net Amount 0 06/01/99 144,626.25 0100 144,628.25 GL Distribution Gross Amount Description Gross Amount Description 281- ODA -5020A 144,628.25 CLOSE OF ESCROW -------------------------------------------------------------------------------------------------------------.-------____------------ Vend# Vendor Name Bank Check# Bank Check# Chic Date Check Amount Sep 3322 SDC PARTNERS, LTD RA 010525 06/03/99 3,108.40 RA 010524 06/03/99 237.00 Claim# General Description 24555 COMMON AREA REIMB AND BASE RENT 611199 PO # -Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 505 .06/01/99 236.00 0.00 236.00 506 06/01/99 1.00 0.00 1.00 GL Distribution Gross Amount Description 28T- 00A -5020A ------------------------------------------------------------------------------------------------------------------------------------ 206- 36A -5010A ------------------------------------------------------------------------------------------------------------------------------------ 237.00 COMMOM AREA REIMS /BASE RENT Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2101 SOUTH HILLS ESCROW CORP 1889 STEWART TITLE RA 010525 06/03/99 3,108.40 Claim# General Description 24556 REPLACEMENT HOUSING BENEFITS FOR RELOCATEES LUZ CHAVEZ 3114 BIG DALTON #A NEW -1640 HOME TERACE DR POMONA HUD CASE #041911508 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/02/99 3,108.00 0.D0 3,108.00 GL Distribution Gross Amount Description 28T- 00A -5020A ------------------------------------------------------------------------------------------------------------------------------------ 3,106.00 REPLACEMENT HSG -L CHAVEZ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1889 STEWART TITLE RA 010526 06/03/99 2,814.00 Claim# General. Description 24557 REPLACEMENT HOUSING BENEFITS FOR RELOCATEES JENNIFER WRIGHT CURRECT -3144 BIG DALTON #C NEW - -14057 ROCKENBACH PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 2,814.00 0.00 2,814.00 GL Distribution Gross Amount Description 281- OOA -5020A 2,814.00 REPLACEMENT HOUSING Warrant Register No. 485 Page 4 Sun 08, 1999 09:52am Page 4 Check History. Hank RA Check Dates 06/06/00 to 99/99/99 Check #'s 016514 to 010527 - - --------------------------------- ---------------- ----- ----..___ °__------------------------------------------------------------- Vend# vendor Name Bank Check# Chk Date Check Amount Sep 1869 STEWART TITLE RA 010527 46/03/99 2,350.00 Y Claim# General Description 24558 MOVING COMPENSATION AUTOMATION RELOCATSE 4 FURNISHED ROOMS & $400. SEC DEP 3244 BIG DALTON #C ESCROW #99361979 PC# Stat Contract# Invoice'# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 06/01/99 1,350.00 0.00 1,350.00 GL Distribution Gross Amount Description 281- OOA -5020A 1,350.00 MOVING COMP- STEWART TILE Paid Checks: Check Count 13 Check Total 203,504.92 PO Liquidation Total. 0100 Backup Withholding Total 0.00 void Checks: Check Count 0 Check Total 0.00 PO Liquidation Total 0.00 Backup Withholding Total 0100 . a 1 t , 0;1 a 1--tLl rOOCUMENTATIONg PLEASE REFER TO CITY COUNCIL CRA ITEM #2B DEVELOPMEN AGREEM—-ENT I.. me 1 For 11 g 1 t ktvcy W,46vw lr4'n -&- 3, X i; i 4 1C. CITY OF BALDWIN PARK STAFF REPORT BALDW I N P A_R.K TO: Redevelopment Agency Board of Directors FROM: Steve A. Cervantes, Director of Community Development DATE: .June 16, 1999 SUBJECT: Proposed Owner Participation Agreement with Development Kaufman Broad Multi- Housing Group, Inc. PURPOSE The purpose of this report is to recommend approval of an Owner Participation Agreement with Kaufman Broad Multi- Housing Group, Inc. for the development of a 50 to 56 -unit Senior Housing development on the City /Agency's Sterling Avenue property. BACKGROUND Staff has worked with the developers on the proposed development on the City /Agency's Sterling Avenue property. In considering this proposal it is in conjunction with the goal of revitalizing the Downtown /Civic Center area. Some of the strategies outlined are to increase residential uses in the downtown /civic center area, promote a pedestrian walking linkages to the retail areas, post office, community center and other related uses. Simultaneously, we want to increase parking areas and upgrade the back facades of the adjacent businesses that front on Ramona Boulevard. The Agency has a need to replace housing demolished in the various redevelopment areas. Based on our Affordable Housing Plan submitted to City Council last February we have a need to replace 314 bedrooms, which include the AutoNation project. The proposed 50 to 56 units will have a total of 50 to 56 bedrooms, all of which will count in our Housing Replacement Needs. The 50 to 56 units will rent to low income seniors on fixed incomes between 505 to 80% of median income. The design includes 75 parking spaces of which 28 spaces will be designated for the senior housing development. The developers will improve the alley, improve the walks along the alley to Ramona Boulevard. DISCUSSION The City owns the adjacent parking lot and alleyway. The Agency owns the Sterling Avenue Parcels. The developers are asking for the City /Agency to provide a long- term lease of the land for the development. The developers are also proposing to 1 submit a proposal to the Los Angeles Community Development Commission for the City of Industry's }lousing funds to provide additional gap financing as well to submit for federal and state tax credits. The Developers Kaufman Broad is the largest residential developer in the country. While their primary concentration is on single family development, they are also focusing on multi - housing development opportunities that take advantage of state and federal tax credit financing. In order to take advantage of the tax credit provision you must have a not for profit company. Owner Participation Agreement The attached Owner Participation Agreement is a simple short Agreement with the attached ground lease, which will outline the basic terms and conditions of the proposed development. A detailed Disposition and Development Agreement, with the same ground lease, along with the required 33433 report scheduled for the July 21, 1999, Joint City Council /Agency Board of Directors agenda. FISCAL IMPACT The Agency purchased the Sterling Avenue property last year for $275,000 using Housing !Funds. The city owns the parking lot and the alleyway. We would continue to own the land but would provide a long -term lease to the developer. The developers would pay for all physical on -site and off -site improvements, estimated at $5.5 million, maintenance; pay related taxes, and management for the term of the lease. At the end of the 57 -year lease the Agency would own the housing development. RECOMMENDATION Staff recommends that the Agency Board of Directors approve the attached Owner Participation Agreement. This Agreement and the Specific Plan Approval gives the Developer the authority to submit for funding through the LA County Community Development Commission and state and federal tax credits. The more extensive Disposition and Development Agreement will be presented to the Board in the form of a proposed Disposition and Development Agreement scheduled for the July 21, 1999 agenda If the Agency Board of Directors concurs with staff's recommendation the appropriate action would be: Motion: "To Approve Resolution #346 A Resolution of the Board of Directors of the Redevelopment Agency of the City of Baldwin Park ( "Agency ") Approving An Owner Participation Agreement (OPA) with Kaufman Broad Multi - Housing Group, Inc. ( "Developer) K RESOLUTION NO. 346 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK ( "AGENCY "), APPROVING AN OWNER PARTICIPATION AGREEMENT (OPA) WITH KAUFMAN BROAD MULTI - HOUSING GROUP, INC., ( "DEVELOPER ") WHEREAS, the Redevelopment Agency desires to provide low income housing for senior citizens in its Redevelopment Project Areas ( "Project Areas "); WHEREAS, Developer desires to develop a residential apartment complex with 50 to 56 units, which will provide affordable housing for seniors with low incomes; and WHEREAS, Developer has requested participation from the Redevelopment Agency in the form of a Ground Lease to be reviewed, approved and executed by the Agency at a later date. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Baldwin Park Redevelopment Agency as follows: SECTION 1. The Agency Board hereby approves the Owner Participation Agreement with Kaufman Broad Multi- Housing Group, Inc., in substantially the form as attached hereto as Attachment "A" and by reference made a part hereof. SECTION 2. The Director of Community Development serving as the Executive Director of the Agency, is designated as the representative of the Agency and of the City of Baldwin Park, and is authorized to execute all necessary documents. SECTION 3. The Agency Secretary, shall certify to the passage and adoption of this resolution by the Agency, and it shall thereupon be in full force and effect upon its execution. APPROVED, PASSED AND ADOPTED this day of , 1999. ATTEST: REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK James Hathaway, Agency Secretary Manuel Lozano, Chairperson APPROVED AS TO FORM: Arnold M. Alvarez- Glasman Agency Legal Counsel ATTACHMENT "A" TO AGENCY RESOLUTION # 346 OWNER PARTICIPATION AGREEMENT THIS OWNER PARTICIPATION AGREEMENT ( "Agreement "') is entered into as of the day of ,199T (the "Effective Date "), by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ("Agency ") and Kaufman Broad Multi- Housing Group, Inc., (the "Developer"). The Agency and Developer hereby agree as follows: i. (100) SUBJECT OF AGREEMENT A. [101) Purpose of Agreement The purpose of this Agreement is to provide housing opportunities for low income (between 50% and 80% of median income) senior citizens within the City of Baldwin Park. The Developer will apply for Tax Credits (as hereinafter defined), acquire (pursuant to a long -term ground lease "Ground Lease ") certain real property ( "Project Site") for the construction of a residential apartment complex ( "Project ") having a minimum of 50 apartment units. The terms of the Ground Lease shall be subject to further review and approval by the Agency, pursuant to the California Health and Safety Code. The development of the Project pursuant to this Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and the health, safety and welfare of its residents, and in accord with applicable federal, state and local laws and requirements. It is further acknowledged by the parties that the purpose of the acquisition and construction of the Project is to further the Redevelopment Law with respect to low and moderate income housing. B. [102] The Project For Purposes of this Agreement, the "Project" will encompass the acquisition by the Developer of the Project Site and the construction of a residential apartment complex with a minimum number of 50 apartment units. (For the purpose of this Agreement, the terms "acquire ", "acquisition ", and "disposition" refer to a Ground Lease between the Agency and the Developer for a term of 57 years, which is attached in form as Exhibit 1. C. [103] Project Site The Project Site consists of those certain parcels of land and an adjacent parking lot and alleyway in the City of Baldwin Park, County of Los Angeles, State of California, as more particularly shown in- Exhibit 2 hereof. ATTACHMENT "A" TO AGENCY RESOLUTION # 346 D. [104] Parties to the Agreement 1. The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall 14403 East Pacific Avenue, Baldwin Park, California 91706. The "Agency ", as used in this agreement, includes the Redevelopment Agency of the City of Baldwin Park, and any assignee of, or successor to its rights, powers and responsibilities. 2. The elop Dever The principal office of the Developer for purposes of this agreements is 320 Golden Shore Drive, Suite 200, Long Beach, California 90802 -4217. "Developer ", as used in this Agreement, includes the Developer as of the date of execution of this Agreement and any assignee of or successor to its rights, powers and responsibilities permitted by this Agreement. The agent for service of process is Michael Costa, Kaufman and Broad, Multi- Housing Group, Inc., 320 Golden Shore Drive, Suite 200, Long Beach, CA 90802- 4217. E. [105] Material i ation • Cgnditignra Precedenj It is expressly understood and acknowledged by the parties hereto that any obligation of the Developer or the Agency referred to in this Agreement shall be subject to the satisfaction of the conditions precedent to such performance as set forth herein and in the Schedule of Performance referred to in Section 303 of the Agreement. F. [106] Low Income Person For the purposes of this Agreement, Low Income Persons are those defined in California Health and Safety Code Sections 500795 and 50093. II. [2001 REPRESENTATIONS AND WARRANTIES A. [201] Agency's Representations OA, ATTACHMENT "A" TO AGENCY RESOLUTION # 346 In addition to the representations contained in other Sections of this Agreement, the Agency hereby makes the following representations, each of which is true in all respects as of the: Effective Date and as of the Close of Escrow and all of the representations and warranties contained herein survive the Close of Escrow. 1 . The execution of this Agreement by the Agency, the Agency's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Agency and no other authorization or consent is required for the execution and performance hereof. 2. Neither this Agreement nor anything provided to be done hereunder by the Agency violates or shall violate any contract, agreement or instrument to which the Agency is a party. B. (202] Developer Representations In addition to the representations contained in other Sections of this Agreement, the Developer hereby makes the following representations each of which is true in all respects as of the Effective Date and as of the Close of Escrow, all of which shall survive the Close of Escrow and the completion of construction of the Project. The execution of this Agreement by the Developer, the Developer's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Developer and no other authorization or consent is required for the execution and performance. 2. Except as disclosed to the Agency in writing, there are no actions or proceedings pending or threatened against the Developer or a general partner, member, director or staff of the Developer before any court or administrative agency which could adversely affect the Developer's ability to perform hereunder. 3. Neither this Agreement nor anything provided to be done hereunder violates or shall violate any contract, agreement or instrument to which the Developer is a party or which affects the Project or any part thereof. 4. The Developer is not in default with respect to any of its obligations or liabilities pertaining to the Project; or is there any state of facts or K ATTACHMENT "A" TO AGENCY RESOLUTION # 346 circumstances or conditions or events which, after notice, lapse of time, or both, would constitute or result in any such default. The Developer is not and will not be in default with respect to any agreements, obligations or liabilities which could adversely affect the Developer's ability to perform its obligations hereunder. 5. The Developer has not entered into any agreements which will adversely affect its interest in the Project or Project Site or the Developer's right to acquire and construct the Project, as provided in this Agreement or the Ground Lease, and -the Developer will not enter into any such agreements after the date hereof. 6. The Developer is currently in good standing and duly existing under the laws of California as a corporation and all other requisite Federal, State and Local entities. Ill. [300] SCOPE OF DUTIES [301] A. Developer shall, at its sole cost and expense, use its commercially reasonable best efforts to obtain a preliminary reservation for Tax Credits, from the governmental authorities having jurisdiction and shall make such applications as may be required to obtain such Tax Credits at each opportunity available to Developer. Developer shall retain, at its sole cost and expense, such attorneys, accountants and consultants as may be required to make such applications. The term "Tax Credits" means the low income housing tax credits allowable to Tenant with respect to the Project under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal tax credits, and under Section 23610.5 of the California Revenue and Taxation Code, as amended, for State tax credits. [302] B. Agency shall make all reasonable efforts to approve and execute a Ground Lease with the Developer. [303] C. Prior to execution of the Ground Lease, the Agency and Developer shall mutually agree to terms regarding (1) the time frames for which acquisition and construction of the Project shall commence and be completed (Schedule of Performance), (ii) the scope of construction of the Project and related improvements (Scope of Development), (iii) and 0 ATTACHMENT "A" TO AGENCY RESOLUTION # 346 procedures for issuing the Developer a certificate acknowledging that Developer has completed or substantially completed the Improvements prescribed by the Ground Lease and Scope of Development; and {iv} all documents necessary to effectuate the Ground Lease, Scope of Development, and Schedule of Performance. [304] D. Cost of Development Except as otherwise provided herein, all costs payable to third parties for acquiring the Project Site and constructing the Project, including any off -site improvements shall be borne exclusively by the Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. [305] E. Local State and Federal Laws The Developer shall carry out the acquisition of the Project Site and construction of the Project in conformity with all applicable laws, including all applicable federal and state labor standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such taws, rules or standards. IV. [4001 RESIDENTIAL USE OF THE PROJECT SITE A. [401 ] Uses The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Project or any part thereof, that during acquisition, construction, and thereafter, the Developer, such successors and such assignees, shall devote the Project to the uses specified in this Agreement and if executed, the Ground Lease, Scope of Development, and Schedule of Performance. Except for apartment units for one onsite manager and one onsite maintenance person, each Project apartment unit will be used as the primary residence of a Low Income Person who is a Senior Citizen and for no other purpose. B. [402] Maintenance of the Project Site and the Project During and after completion of the construction of the Project, the Developer shall maintain the improvements on the Project and shall keep the Project free from any accumulation of debris or waste materials and maintain the landscaping, and shall occupy, maintain and use the Project in accordance with this Agreement and all applicable local, state and 5 ATTACHMENT "A" To AGENCY RESOLUTION # 346 federal laws. This obligation for maintenance of the Project shall continue pursuant to the terms of the Ground Lease. C. [403] Obligation to Refrain from Discrimination There shall be no discrimination against or segregation of any person, a group of persons, on account of race, color, religion, marital status, disability, national origin or ancestry in the construction, sale, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of any subsequent owners of the Project. D. [404] Covenants of Affordability Subsequent to execution of the Ground Lease and prior to execution and recordation of a Certificate of Compliance, a Declaration of Covenants, Conditions and Restrictions shall be recorded against the Project and Project Site in a form approved by the Agency and Developer. The Declaration shall contain affordability covenants consistent with Section 42 of the Internal Revenue Code for low income housing tax credits and Sections 33334.2, 33334.3(f), and 50052.5 of the Health and Safety Code. In the event that there is a conflict in the requirements between or among the Internal Revenue Code, the California Revenue and Taxation Code, and the Health and Safety Code provisions, the most restrictive requirements shall control. V. [500] DEFAULTS AND REMEDIES A. [501 ] Defaults -- _General Subject to the extensions of time set forth in Section [803], unexcused and uncured failure or delay by either party to perform any material term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must cure, correct, or remedy such failure or delay within the periods set forth below. 2. The injured party shall give written notice of default to the party in default (the "Defaulting Party "), specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until at least thirty (30) days after the expiration of the applicable cure C. ATTACHMENT "A" TO AGENCY RESOLUTION # 346 period set forth below. Delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default, shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. If there is a default, delay or failure to perform under this Agreement (collectively "Potential Default ") and the injured party has given the notice hereinabove provide for them the Defaulting Party shall have thirty (30) days from the receipt of said notice to cure the Potential Default if the Potential Default is the failure to pay money, 120 days from the receipt of such notice if the potential Default is any other kind of Potential Default, provided that if the Potential Default is of such a nature that it cannot be cured within 120 days, then the Potential Default shall be deemed to be cured if the Defaulting Party commences to cure the Potential Default within said 120 day period and diligently pursues curing said default thereafter, provided, however, that if the Potential Default is the failure of either parry to Close Escrow in default of this Agreement then the cure period shall be limited to 30 days after the Defaulting Party has received the written notice hereinabove provided for. [5023 Legal Actions 1. In addition to any other rights or remedies, Agency or the Developer may, after the expiration of the applicable cure period provided for in Section [4013 hereof, institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, East District, State of California, in an appropriate municipal court in that district, or in the Federal District Court of California. 2. The laws of the State of California shall govern the 7 ATTACHMENT "A" TO AGENCY RESOLUTION # 346 interpretation and enforcement of this Agreement. 1 In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made in such other manner as may be provided by law. 4. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon the agent for service of process or in such other manner as may be provided by law. [503] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. [504] Remedies Rights of Termination Prior to Co v ance In the event that the Agency has committed a Potential Default which is not cured within the time hereinabove provided, then the Agreement shall, at the option of Developer, be terminated by written notice thereof to the Agency, provided that such termination shall not adversely affect Developer's right against the Agency under Section [702] or any other rights Developer may have at law or equity. [505] Termination__ by Agency. The Agency may terminate this Agreement, if Developer has not cured any of the following defaults within the times hereinafter provided if any of the following defaults exist prior to the Close of Escrow: 1. Developer fails to diligently pursue application for the Tax Credits. 2. Developer fails to diligently pursue execution of the Ground Lease, Scope of Development, Schedule of Performance or Recordation of the Affordability Covenants. ATTACHMENT "A" TO AGENCY RESOLUTION # 346 3. Violates any provisions of the Agreement and has not cored the violation within the cure periods provided for in Section [401 ] hereof; 4. If any default or failure referred to in subdivisions (1) or through (4) inclusive shall not be cured within the time periods therein provided or in Section [701] hereof then this Agreement, shall, at the option of the Agency, be terminated by Agency. In the event of such termination, Developer (or assignee or transferee) shall have no further rights against the Agency under this Agreement. VI. [600] SPECIAL PROVISIONS [6011 Notices Demands and Co un' tin Between the Parties 1. Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if delivered by hand (and a receipt thereof is obtained or is refused to be given), if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed to the designated person or persons at the principal offices of the Agency and the Developer, as set forth at Sections 104 and 105 respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designated by mail. 2. Any written notice, demand or communication shall be deemed received immediately. [602] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects their personal interests or the interests of any corporation, partnership or association in which they are directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this ATTACHMENT "A" TO AGENCY RESOLUTION # 346 Agreement. [603] Enforced Dela • Extension of Times of Performance 1. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of omissions of the other party; acts or failures to act of the Agency of Baldwin Park or any other public or governmental agency or entity (other than the acts required of the Agency under this Agreement); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Agency and Developer. 2. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable temporary or permanently financing for the development of the Project. [604] Non-Liabilily of Officials and Employees of the Agengy No member, official or employee of the Agency shall be personally liable to the Developer or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Developer, its successors, or on any obligations under the terms of this Agreement. 10 ATTACHMENT "A" TO AGENCY RESOLUTION # 346 [605] Attorneys` Fees if either party hereto should retain legal counsel for the purpose of enforcing any term or condition of this Agreement, the prevailing party shall be entitled to recover actual and reasonable costs and expenses, including but not limited to reasonable attorneys, fees. [606] Counterparts This Agreement may be executed in counterparts, each of which is deemed to be an original. [607] Entire Agreement This Agreement and its Exhibits integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. [608] Waivers The waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. [609] Independent Reppresentatign Developer acknowledges that it has had ample opportunity for review and approval of this document by its attomey and that any waiver of representation is as a result of independent decision. Developer further acknowledges that Agency Counsel is acting solely on behalf of Agency. [6101 Approval Not Unreasonably Withheld In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld except as specifically provided for in this Agreement. 11 ATTACHMENT "A" TO AGENCY RESOLUTION # 346 IX. [700] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY This Agreement, when executed by the Developer and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before forty -five (45) days after signing and delivery of this Agreement by Developer or this Agreement shall be void, except to the extent that the Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. [END OF TEXT. SIGNATURE PAGE FOLLOWS] 12 ATTACHMENT "A" TO AGENCY RESOLUTION # 346 IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the date set forth hereinbelow. ATTEST: By: AGENCY SECRETARY DATE /= 1,a.Z60:11 tr7" M 01 go] ;;78I« AGENCY COUNSEL List of Exhibits ** Exhibit 1 - Ground Lease Exhibit 2 - Site Map 13 REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK By: EXECUTIVE DIRECTOR DATE KAUFMAN BROAD MULTI - HOUSING GROUP, INC. M ITS s; EXHIBIT 1 GROUND LEASE [See attached Ground Lease] FADOCUMENTIKBIBALDWINIDDA.V5 042999 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California F: IDOCUMEN'RKB\BALDWiNIGRNDLSE.V4 042099 TABLE OF CONTENTS Page No. ARTICLE 1. DEFINITIONS .............. ............................... 1 ARTICLE 2, TERM OF LEASE ........... ............................... 5.1 5 Section 2.1 Fixed Term ........ ............................... 5.2 Payment Before Delinquency ......................... Section 2.2 Possession ........ ............................... 5.3 5 ARTICLE 3. RENT ..................... ............................... 5.4 5 Section 3.1 Rent ........ ............................... I .... 5 Section 3.2 Additional Rent ..... ............................... 5.6 5 Section 3.3 Place for Payment of Rent ........................ 5 Section 3.4 Additional Rent Statement ........................ 5 Section 3.5 Annual Report ...... ............................... 5 Section 3.6 Net Rent .......... ............................... 6 ARTICLE 4. USE OF PROPERTY ......... ............................... 6 Section 4.1 Use and Operation .. ............................... 6 Section 4.2 Zoning and Use Permits ............................. 6 Section 4.3 Approval of Plans Required .......................... 7 Section 4.4 Only Lawful Uses Permitted .......................... 7 Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... 8 ARTICLE 5. TAXES AND UTILITIES ...... ......................... 8 Section 5.1 Tenant to Pay Taxes . ............................... 8 Section 5.2 Payment Before Delinquency ......................... 8 Section 5.3 Taxes Payable in Installments ........................ 9 Section 5.4 Contest of Tax .... ............................... 9 Section 5.5 Tax Hold - Harmless Clause ........................... 9 Section 5.6 Utilities ............ ............................... 9 Section 5.7 Payment by Landlord .............................. 10 ARTICLE 6. CONSTRUCTION BY TENANT ............................... 10 Section 6.1 Notice of Commencement of Construction .............. 10 Section 6.2 Construction Obligation; Condition Precedent to Construction ...... ............................... 10 Section 6.3 Condition Precedent to Construction .................. 10 Section 6.4 Compliance With Law and Quality .................... 10 Section 6.5 Mechanics' Lien ... ............................... 11 E: IDOCUMEN- RKB\BALDWINIGRNDLSE.V4 042099 Section 6.6 Ownership of the Project ............................ 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE ..................... 11 Section 7.1 Tenant's Right to Encumber Leasehold ................ 11 ARTICLE 8. LENDER PROTECTION ..... ............................... 12 Section 8.1 Notice to and Service on Lender ...................... 12 Section 8.2 No Modification of Lease or Termination of Lease Without Damage or Destruction ............................. 18 Lender's Consent .. ............................... 12 Section 8.3 Rights of Lender ... ............................... 12 Section 8.4 Right of Lender to Cure Defaults ...................... 13 Section 8.5 Foreclosure in Lieu of Curing Default .................. 13 Section 8.6 Assignment Without Consent on Foreclosure ............ 14 Section 8.7 New Lease to Lender .............................. 15 Section 8.8 No Merger of Leasehold and Fee Estates .............. 16 Section 8.9 Lender as Assignee of Lease ........................ 16 Section 8.10 Lender as Including Subsequent Security Holders ........ 16 Section 8.11 Estoppel Certificates ............................... 16 Section 8.12 Superiority of Ground Lease ......................... 16 Section 8.13 Amendments ...... ............................... 17 Section 8.14 Restriction on Landlord's Right to Encumber the Fee ...... 17 Section 8.15 Restriction on Subordination of Tenant's Interest ......... 17 Section 8.16 Lender's Nominee .. ............................... 17 Section 8.17 Multiple Lenders ... ............................... 17 ARTICLE 9. REPAIRS AND RESTORATION ....... . ...................... 17 Section 9.1 No Obligation of Landlord ........................... 17 Section 9.2 Maintenance by Tenant ............................. 17 Section 9.3 Compliance with Applicable Law ...................... 18 Section 9.4 Damage or Destruction ............................. 18 Section 9.5 Application of Insurance Proceeds .................... 19 Section 9.6 Continuing Obligation to Pay Rent .................... 20 ARTICLE 10. INDEMNITY AND INSURANCE ............................. 20 Section 10.1 Indemnity Agreement .............................. 20 Section 10.2 Exculpation of Landlord ............................. 21 Section 10.3 Obligation to Indemnify Other Party ................... 22 Section 10.4 Liability Insurance ................................. 22 Section 10.5 Casualty Insurance . ............................... 23 Section 10.6 Required Insurance During Construction ............... 23 Section 10.7 Insurance Terms ... ............................... 24 Section 10.8 Other Insurance; Waiver of Rights .................... 24 Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements .............................. 25 F: 1D©CUMENTtKB\BALDWINIGRNDLSE.V4 042099 ii Section 10.11 Environmental Indemnity ............................ 25 ARTICLE 11. CONDEMNATION ................ . ....................... 25 Section 11.1 Definitions ........ ............................... 25 Section 11.2 Notice and Representation .......................... 27 Section 11.3 Total or Substantial Taking .......................... 27 Section 11.4 Partial Taking ..... ............................... 28 Section 11.5 Limited Takings .... ............................... 29 Section 11.6 Partial Taking During Final Years of Lease Term ......... 30 11.7 Allocation of Award of Tenant's Section 11.6 Election ............. 30 ARTICLE 12. ASSIGNMENT AND SUBLEASING 30 Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval ....... ............................... 30 Section 12.2 Lease Termination Upon Assignment .................. 31 Section 12.3 Tenant's Right to Sublease .......................... 31 Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements ..... ............................... 31 ARTICLE 13. Intentionally Omitted ...... ............................... 32 ARTICLE 14. DEFAULT AND TERMINATION ............................. 32 Section 14.1 Abandonment by Tenant ............................ 32 Section 14.2 Termination for Breach by Tenant ..................... 32 Section 14.3 Landlord's Right of Reentry .......................... 33 Section 14.4 Landlord's Right to Relet the Property ................. 33 Section 14.5 No Automatic Termination ........................... 34 Section 14.6 Holding Over ...... ............................... 34 Section 14.7 Landlord's Rights of Self -Help ........................ 34 Section 14.8 Waiver of Breach ... ............................... 35 Section 14.9 Surrender of Property and Project .................... 35 ARTICLE 15. MISCELLANEOUS ........ ............................... 35 Section 15.1 No Joint Venture ... ............................... 35 Section 15.2 Force Majeure - Delays ............................. 35 Section 15.3 Attorneys' Fees .... ............................... 36 Section 15.4 Notices .......... ............................... 36 Section 15.5 Governing Law .... ............................... 36 Section 15.6 Binding on Heirs and Successors ..................... 37 Section 15.7 Partial Invalidity ................... I ............... 37 Section 15.8 Sole and Only Agreement; Amendment ................ 37 Section 15.9 Time of Essence ... ............................... 37 Section 15.10 Memorandum of Lease for Recording .................. 37 Section 15.11 Gender, Single and Plural, Joint and Several ............ 37 F: ID4CUMENTIKBIBALDWINIGRNDLSB.V4 042099 i i i Section 15.12 Section 15.13 Section 15.14 Section 15.15 Section 15.16 Section 15.17 Section 15.18 Section 15.19 Section 15.20 Section 15.21 Signs............ ............................... 38 Reasonable Consent ............................... 38 Quiet Possession .. ............................... 38 Estoppel Certificate . ............................... 38 Representations and Warranties of Tenant and Landlord .. 38 Attornment ....... ............................... 38 Limit of Tenant's Liability ............................ 39 Limit of Landlord's Liability .......................... 39 Sections......... ............................... 39 Incorporation of Preamble and Exhibits ................ 39 F:\DOCUMENT\KB\BALDWIN\GRNDLSE.V4 042099 iv GROUND LEASE This Ground Lease ( "Lease ") is made by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (party to be designated by Kaufman and Broad Multi- Housing Group, Inc.) (herein called "Tenant "), with respect to the land and premises located in the City of Baldwin Park, County of Los Angeles, State of California described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). This Lease.shall be on the following terms and conditions: ARTICLE 1. DEFINITIONS The following terms as used in this Lease shall have the meanings given herein unless expressly provided to the contrary: "Additional Rent" means the Additional Rent payable by Tenant to Landlord as provided in Section 3.2 hereof. "Affiliate" means (i) any party directly or indirectly controlling, controlled by or under common control with another party, (ii) any party owning or controlling 10% or more of the outstanding voting securities of such other party, (iii) any officer, director or partner of such party, or (iv) if such other party is an officer, director or partner, any company for which party acts in any such capacity. "Base Rent" means the Base Rent payable by Tenant to Landlord as provided in Section 3.1 hereof. "Bridge Loan" means any loan secured by Lien made by KBMH Capital, Inc. or any Affiliate thereof with respect to the Project. "Capital Improvement Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance additional capital improvements for the Project, after Completion of Construction. "Cash Expenditures" means, with respect to any period, all expenditures of cash with respect to the operation of the Project by Tenant during such period including, without limitation, payment of operating expenses, payment of Base Rent and other obligations under this Lease other than Additional Rent, payment of the Permit Fees, payment of Debt Service and principal and interest on the indebtedness of Tenant, payment of real estate taxes, assessment and bonds, cost of repair and restoration of the Project (other than from insurance proceeds), payment of a partnership administration fee of $5,000 per year, adjusted annually by the Index, payment of an asset management fee of $5,000 adjusted F:\DOCUMENnKB\BALDWIN\GRNDLSE.V4 042099 annually by the Index, such extraordinary expenses incurred in meeting the requirements for maintaining and repairing the Project as required by any Lender or as required to comply with law, payment of property management fees, Developer Fees and other fees and obligations of Tenant with respect to the Project, and amounts deposited to Reserves by Tenant with respect to the Project (but not amounts expended from such reserves). "Cash- Receipts" means, with respect to any period, all cash receipts of the Tenant from the operation of the Project during such period, but not including (i) cash receipts from any sale or refinancing of the Project, (ii) security deposits from tenants occupying individual apartment units in the Project and interest thereon (except to the extent retained by the Tenant as a result of a default by a tenant of a unit under its lease), or (iii) the proceeds of any capital contributions or loans to the Tenant. In addition, the net reduction in any year in the amount of any escrow account or reserve maintained by or for the Tenant shall not be considered a cash receipt of the Tenant for such year. Insurance proceeds shall not be considered a cash receipt (except as receive by Tenant for loss of rents). Notwithstanding the foregoing, at the election of the Tenant, Cash Receipts received near the end of a fiscal year and intended for use in meeting the Tenant's obligations (including the cost of acquiring asset or paying debts or expenses) in the subsequent fiscal year shall not be deemed received until such following year. "City" means the City of Baldwin Park., California. "Completion of Construction" shall have the meaning provided for in Section 6.4 hereof. "Construction Loan" means any loan or loans secured by a Lien, the majority of the proceeds of which are used to finance the construction of the Project and the remainder of which are used to pay for interest, fees, points, reserves, attorney's fees, closing costs and costs normally or customarily incurred in obtaining a construction loan. "Debt Service" means the total payments required to be made by Tenant, with respect to any period, for payment of any loan which may be secured by a Lien or otherwise obtained by or funded to Tenant in connection with the Project whether or not secured by a Lien, including but not limited to debt service payments on the Construction Loan, Bridge Loan, Permanent Loan, and any Capital Improvement Loans, Negative Cash Flow Loans or any refinancing of the foregoing loans. If upon foreclosure of any Loan secured by a Lien, the Lender making or holding such loan acquires Tenant's interest under this Lease, then, for purposes of calculating Additional Rent payable by such Lender as the Tenant under this Lease, the portion of the Debt Service, which would otherwise have been payable by Tenant to such Lender had such Lender not foreclosed, will be imputed in calculating Net Spendable Cash Flow. "Developer Fee" means the maximum fee permitted by the California Tax Credit Allocation Committee that may be paid by Tenant as a developer fee. FADOCUMENnK8IBALDW1NIGRNDLSE.V4 042099 2 "Disposition and Development Agreement" is that certain agreement entered into by and between the Landlord and Tenant on in which Tenant agreed to participate as a developer in furthering the Landlord's goals under the redevelopment plan of the project area in Baldwin Parr. "Hazardous Materials" means substances defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec, 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; any similar substances as defined and used in any similar environmental control law applicable to the Property; and in the regulations adopted or publications promulgated pursuant to said laws or, any amendments thereto. "Index" means the maximum annual percentage that rent of a tenant in the Project may be changed and still have the Project qualify for Tax Credits. "KBMH" means Kaufman and Broad Multi- Housing Group, Inc. or any Affiliate thereof. "Lease" means this Ground Lease. "Lender" means the payee or holder of any indebtedness of Tenant, or the mortgagee or a beneficiary of any Lien, and shall include the successors and assigns of the foregoing. "Lien" means any deed of trust, mortgage orother security instrument encumbering the Tenant's leasehold estate in the Property and /or Project, or any part thereof, securing any Loan. "Loan" means any loan made as permitted in Article 7 ( "Encumbrance of Leasehold Estate ") hereof, or any other loan to Tenant described in Debt Service. "Negative Cash Flow Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance any operating deficits for the Project, whereby Cash Receipts are insufficient to pay Cash Expenditures as and when due, and reserves otherwise established for payment of such deficits have been expended or are unavailable to Tenant by the provisions of any other Loan. "Net Spendable Cash Flow" means the excess of (i) Cash Receipts over (ii) Debt Service and other Cash Expenditures. Net Spendable Cash Flow shall be determined separately for each Year. F:ID O C U M EN- RKBIBALD W f NIG RN D LS E. V4 042099 3 "Permanent Loan" means any loan having a term of at least 15 years, a part of the proceeds of which are used to pay off any Construction Loan or the refinancing of any loan, a part of the proceeds of which were used to pay the Loan paying off any Construction Loan, and which loan is secured by a Lien. "Permit Fees" means all fees payable to the City of Baldwin Park to process all discretionary entitlements necessary for the development of the Project. "Prime Rate" means the prime rate of interest or the equivalent thereof established by the Bank of America or if the Bank of America is no longer in existence, then by the then largest commercial bank in California on the date of payment. "Project" means the Property and the improvement of the Property with a residential apartment project containing at least 50 apartment units for low- income persons as defined in the Disposition and Development Agreement, and (i) any improvements appurtenant thereto and (ii) any improvements that may alter, repair, add to or replace the apartment project. "Regulatory Agreements" means such Regulatory Agreements as may be required under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal low income housing tax credits, and under California Revenue and Taxation Code, Section 23610.5, for State low income housing tax credits, in order for Tenant to obtain and maintain such tax credits for the Project as provided for therein. "Rent" means the Base Rent and the Additional Rent as provided in Sections 3.1 and 3.2 hereof. "Reserves" means reserves for operations and capital improvements or such amounts as may be required by a Lender, and to the extent not required by a Lender the establishment and maintenance of an operating reserve equal to $200 per apartment unit in the Project and a capital reserve of $200 per apartment unit in the Project. "Tax Credits" means the low income housing tax credits allowable to Tenant with respect to the. Project under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal tax credits, and under Section 23610.5 of the California Revenue and Taxation Code, as amended, for State tax credits. "Year" means a calendar year commencing on January 1 and terminating on December 31. F:IDOCUMENT\KBNBALDWlN\GRNDLSi .V4 042099 4 ARTICLE 2. TERM OF LEASE Section 2.1 Fixed Term. The term of this Lease shall commence on the date this Lease is executed by Landlord and delivered to Tenant ( "Commencement Date ") and shall terminate -fifty-seven (57) years thereafter. Section 2.2 Possession. Landlord shall on the Commencement Date deliver possession of the Property to Tenant for its sole use and occupancy, free and clear of all liens, encumbrances, charges, leases, rights or possession by others except for those matters shown on the preliminary report for the Property attached hereto as Exhibit B and incorporated herein which have been approved by Tenant in writing. ARTICLE 3. RENT . Section 3.1 Rent. Tenant agrees to pay to Landlord, Rent for this Lease and the use and occupancy of the Property consisting of (i) Base Rent ('Base Rent ") in the amount of One Dollar per Year, which Base Rent shall be due and payable in advance on the first day of each Year, and (ii) Additional Rent ( "Additional Rent ") as provided in Section 3,2 hereof. The Base Rent shall be increased each Year by the maximum increase in the Index for the prior Year. Section 3.2 Additional Rent. Commencing in the year that the Completion of Construction has occurred, Additional Rent shall be payable to Landlord on an annual, non - cumulative basis, in an amount equal to XXX for the remaining term of this Lease. Tenant shall be entitled to a credit against the Additional Rent for the Base Rent paid to Landlord for the Year in which the Additional Rent is due. Additional Rent shall be due and payable in arrears within one hundred twenty (120) days after the end of each Year. Section 3.3 Place for Payment of Rent. The Rent shall be paid to Landlord at the address of Landlord listed hereinbelow, or such other place as Landlord may from time to time designate by written notice given to Tenant. Rent shall be payable in lawful money of the United States of America. Section 3.4 Additional Rent Statement. Tenant shall furnish to Landlord with each Additional Rent payment a written statement showing the calculation of the Additional Rent. Section 3.5 Annual Report. Tenant shall furnish to Landlord, within one hundred twenty days (120) of the close of each Year, a statement by an independent certified public accountant, selected by Tenant, showing the Net Spendable Cash Flow and the computation of the Additional Rent payable for the preceding Year. Tenant shall maintain at its offices full, complete and proper books, records and accounts of Cash Receipts and Cash Expenditures for each Year for three (3) Years next succeeding the F: lDOCUMENTIKBIBALDWINIGRNDLSE.V4 042099 5 close of each Year. Such records shall be available for inspection by Landlord or an authorized representative of Landlord, on five (5) business days prior written notice to Tenant during such three (3) Year period, and Landlord shall have the right to take excerpts therefrom and make copies thereof without removing them from Tenant's office for the purposes of making any computations or verification of any statements submitted by Tenant pursuant to this Section. To the extent that an audit by Landlord shall determine that there has been a deficiency in the payments of Additional Rent by Tenant, the amount of such deficiency shall be and become forthwith due and payable by Tenant from its share of Net Spendable Cash Flow. In addition, if Tenant's statement for any Year shall be found to have understated the appropriate Additional Rent as a result of said understatement by more than five percent (5 %), then Tenant shall pay from its share of Net Spendable Cash Flow, all of Landlord's reasonable costs and expenses connected with any audit or review of Tenant's accounts and records which disclosed such discrepancy. If there is not an understatement of more than five percent (5 %), the cost of such audit or review shall be borne by Landlord. Section 3.6 Net Rent. Tenant shall pay all of the Rent provided for in this Lease to Landlord, absolutely net throughout the term of this Lease, without deduction for any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set -off. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property except as specifically set forth in this Lease or as required by any common law, statute or regulation. ARTICLE 4. USE OF PROPERTY Section 4.1 Use and Operation. Notwithstanding anything contained in this Lease to the contrary, Tenant may use the Property for any lawful purpose, including without limitation the construction and operation thereon of the Project, subject to the requirements and limitation of the Regulatory Agreements. Tenant shall conduct its business on the Property at all times in a respectable, reputable and lawful manner. It is understood that subject to the limitations contained in this Lease, Tenant shall have control of the operation of the Property and Project, and the right of Landlord to receive Rent, including Additional Rent, shall not be deemed to give Landlord any interest, control or discretion in the operation of the Property and /or Project other than what is prescribed in the Disposition and Development Agreement. Section 4.2 Zoning and Use Permits. When Landlord's approval is necessary or appropriate to obtain any governmental approvals or permits for any use of the Property permitted under this Lease, such as a conditional use permit, variance, or rezoning of the Property, Landlord agrees to execute such documents, petitions, applications and F:\DOCUMEN-RKB\BALDWIN\GRNDLSE.V4 042099 6 authorizations as may be necessary or appropriate to obtain any such approvals or permits, provided, however, that any such approvals or permits shall be obtained at the sole cost an expense of Tenant, and Tenant agrees to protect and save Landlord and the property of Landlord, including the Property, free and harmless from any such cost and expense, provided Landlord is in compliance with the provisions hereof. Section 4.3 Approval of Plans Required. No structure or other improvement of any kind shall be erected or maintained on the Property, or any part thereof, unless Tenant has obtained all the approvals required from all governmental agencies having jurisdiction, and substantially in accordance with plans and specifications prepared by a licensed architect, engineer or contractor, provided that Tenant shall have the right to commence construction of the Project when it has obtained a grading permit or its equivalent from the City (the "Grading Permit "). Tenant acknowledges that a Grading Permit shall not issue until Tenant has received all discretionary approvals from agencies with jurisdiction over the Project, including but not limited to, a conditional use permit from the City. Section 4.4 Only Lawful Uses Permitted. Tenant shall not use the Property or any part thereof in any manner that is in violation of any valid law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity, provided however that nothing herein contained shall limit Tenant's right to contest any such law, ordinance or regulation and continue its use of the Property pending said contest so long as said continued use is permitted by law, ordinance or regulation during said contest. Furthermore, Tenant shall not maintain or commit any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Property and/or the Project or any part thereof. Section 4.5 Restrictions by Tenant. In connection with Tenant's development, use and operation of the Property and /or the Project, Tenant shall have the right, at any time and from time to time during the term of this Lease to enter into, deliver, record, and otherwise consent to or impose any covenants, conditions or restrictions, condominium plans, parcel maps, subdivision maps, and easements, including the Regulatory Agreements (all of such matters and actions are hereinafter collectively referred to as "Restrictions and Covenants ") applicable to and against Tenant's interest in the Property and/or the Project, or any part thereof, and the leasehold estate created hereby, and Landlord shall cooperate with Tenant and on written request of Tenant shall join with Tenant in executing such Restrictions and Covenants. Tenant shall not have the power or authority to impose Restrictions and Covenants on the fee estate of Landlord without Landlord's prior written consent, which shall be granted for any Regulatory Agreements, and for any other Restriction or Covenant, if such other Restriction and Covenant is required by any governmental entity having jurisdiction over the Property and /or Project in order for Tenant to improve the Property with the Project. Landlord acknowledges and agrees that operating the Project in accordance with the Regulatory Agreements and the requirements of Section 42 of the Internal Revenue Code and Section 23610.5 of the F: \DOCUMEN- nKBIBALDWINIGRNDLSE.V4 042099 7 California Revenue and Taxation Code in order to provide low income housing tax credits to Tenant, will have a substantial adverse impact on the Cash Receipts, Net Spendable Cash Flow and Additional Rent payable hereunder, and Landlord specifically agrees and consents to Tenant's so operating the Project in accordance with the Regulatory Agreements and requirements for such tax credits. Section 4.6 Termination of Use Restrictions. Landlord agrees that, in addition to all the Lender protection provisions contained in Article 8 ( "Lender Protection ") of this Lease, any Fender and its successors and assigns, including but not limited to the Federal National Mortgage Association, making a Permanent Loan which is funded on or after Completion of Construction of the Project shall have the right to terminate the restrictions on the use of the Property provided for in the Disposition and Development Agreement and in Sections 4.1 ( "Use and Operation ") and/or 4.5 ( "Restrictions by Tenant ") hereof in the event of an involuntary noncompliance with the provisions of either of said Sections caused by foreclosure of the Lien of such permanent loan, delivery of a deed in lieu of foreclosure or comparable conversion of such permanent loan, fire, seizure, requisition, change in a federal law, or an action of a federal agency, or condemnation or a similar event, but only if (i) within a reasonable period thereafter the bonds ( "Bonds ") issued in connection with such Permanent Loan, in an aggregate principal amount equal to such Permanent Loan are paid in full and retired, and further that the restrictions of the Disposition and Development Agreement and in said Sections 4.1 ( "Use and Operation ") and /or 4.5 ( "Restrictions by Tenant ") shall be reinstated if, at any time subsequent to the termination of said restrictions as the result of the foreclosure of the lien of such Permanent Loan, the delivery of a deed in lieu of foreclosure or comparable conversion of such Permanent Loan, the Tenant or any related person (within the meaning of Section 1.103 - 10(e) of the Treasury Regulations) obtains an interest in the Property which constitutes an ownership interest for federal income tax purposes, or (ii) an opinion of bond counsel is delivered to the issuer of the Bonds to the effect that such termination will not adversely affect the exclusion from gross income for federal income tax purposes of the interest payable on the Bonds. ARTICLE 5. TAXES AND UTILITIES Section 5.1 Tenant to Pay Taxes. In addition to the Rent required to be paid under this Lease, Tenant shall pay, and Tenant hereby agrees to pay, any and all taxes (including possessory interest taxes, assessments, and other charges levied or assessed during the term of this Lease by any governmental agency or entity on or against said Property and Project (other than the interest of Landlord), or any other improvements or other property in or on the Property or Project owned by Tenant, except for any increase in real estate taxes or assessments on account of any transfer or change in ownership by Landlord of its fee title to the Property other than to Tenant. F: 1DOCUMEN- RKBIBALDWIN\GRNDLSE.V4 042099 8 Section 5.2 Payment Before Delinquency. Unless Tenant contests the imposition of the tax or assessment, any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this Lease shall be paid by Tenant before each such tax, assessment or installment of tax or assessment becomes delinquent, and the official and original receipt for the payment of such tax, assessment or installment shall immediately be given to Landlord after receipt thereof by Tenant. Section 5.3 Taxes Payable in Installments, Should any tax or assessment be levied on or assessed against said Property and/or Project, or any part thereof, that may be either paid in full prior to delinquency or paid in installments over a period either within or extending beyond this Lease, Tenant shall have the option of paying such tax or assessment in installments. The fact the exercise of the option to pay the tax or assessment in installments will cause the Property and/or Project, or any part thereof, to be encumbered with bonds or will cause interest to accrue on the tax or assessment is immaterial and shall not interfere with the free exercise of the option by Tenant. Should Tenant exercise the option to pay any such tax or assessment in installments, Landlord shall cooperate with Tenant and on written request of Tenant execute or join with Tenant in executing any instruments required to permit any such tax or assessment to be paid in installments. Section 5.4 Contest of Tax. Tenant shall have the right to contest, oppose, or object to the amount or validity of any tax, assessment, or other charge levied on or assessed against said Property and /or Project, or any part of thereof; provided, however, that the contest, opposition or objection must be filed before the tax, assessment or other charge at which it is directed becomes delinquent, and written notice of the contest, opposition or objection must be given to Landlord at least fifteen (15) days before the date the tax, assessment or other charge becomes delinquent. Landlord shall, on written request of Tenant, join in any such contest, opposition or objection if Tenant determines such joinder is necessary or convenient for the proper prosecution of the proceedings but Landlord shall not be liable for any costs or expenses incurred or awarded in the proceeding. Tenant shall have the right to seek to abate real property taxes and assessments pursuant to the welfare exemption under Section 214 of the California Revenue and Taxation Code. Section 5.5 Tax Hold- Harmless Clause. Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and /or Project free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this Article to be paid by Tenant and from all interests, penalties and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. Section 5.5 Utilities. Tenant shall during the term of this Lease pay or cause to be paid, and hold Landlord and the property of Landlord, including said Property and the Project, free and harmless from, all charges for the furnishing of gas, water, electricity, F: IQOCUMEN- RKBIBALDWIN\GRNDLSE.V4 042099 9 telephone service, and other public utilities to said Property and Project and for the removal of garbage and rubbish from said Property and Project. Section 5.7 Payment by Landlord. Unless Tenant contests the imposition of the tax, assessment or other charge, should Tenant fail to pay within the time specified in this Article any taxes, assessments or other charges required by this Article to be paid by Tenant, Landlord may, upon sixty (60) days' prior written notice to Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant unless Tenant has made said payment within said sixty (60) day period. In the event that Landlord makes such payment, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging or adjusting such tax, assessment or other charge, together with interest thereon at the Prime Rate but not to exceed of ten percent (10 %) per annum from the date of payment by Landlord until the date of repayment by Tenant. Where no time within which any charge required by this Article to be paid by Tenant is specified in this Article, such charge must be paid by Tenant before it becomes delinquent. ARTICLE 6. CONSTRUCTION BY TENANT Section 6.1 Notice of Commencement of Construction. No work of any kind shall be commenced on and no building or other materials shall be delivered for the Project, nor shall any other building or land development work be commenced or building materials be delivered on or to the Property until at least five (5) days after written notice has been given by Tenant to Landlord of the commencement of such work or the delivery of such materials. This Section shall apply only to initial work or delivery of material and not to subsequent work or deliveries. Landlord shall, at any time and all times have the right to post and maintain on the Property and to record as required by law any notice or notices of nonresponsibility provided for by the mechanics' lien laws of the State of California. Section 6.2 Construction Obligation, Condition Precedent to Construction. Tenant shall enter into a construction contract with a licensed general contractor ("General Contractor") for construction of the Project in accordance with plans which have been approved by the City. Section 6.3 Condition Precedent to Construction. Before commencement of construction of the Project, Tenant shall deliver to Landlord (i) a copy of the Grading Permit or its equivalent, (ii) evidence of builder's risk insurance in accordance with requirements of Section 10.6 ( "Required Insurance During Construction"), and (iii) evidence of proper worker's compensation insurance as procured to coverall persons employed by Tenant and its agents in connection with the construction of the Project. Section 6.4 Compliance With Law and Quality. The Project shall be constructed, and all work performed on the Property and all buildings or other F: IDOCUMEN- RKBIBALDWINIGRNDLSE.V4 042099 10 improvements erected on the Property shall be in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction over the Property, including but not limited to the Americans With Disabilities Act (42 U.S.C. Section 12101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3604(f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder. All work performed on the Property pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanlike manner. Completion of construction of the Project ( "Completion of Construction ") shall be deemed to have occurred in full compliance with all valid laws, ordinances, regulations and orders when valid final certificates of occupancy, or their equivalent, have been issued by the governmental authority having jurisdiction for all structures or other improvements comprising the Project. Section 6.5 Mechanics' Lien. Tenant hereby agrees to indemnify and save Landlord harmless from and against any loss, damage or liability arising out of any mechanics' liens for claims for labor or services, materials or supplies or equipment performed or furnished to the Property at the request of Tenant, its agents, contractors, subcontractors or assigns. Section 6.6 Ownership of the Project. Upon expiration or sooner termination of this Lease, all buildings and improvements located on the Property, including but not limited to the Project, shall belong to and become the property of Landlord, free from any rights, claims and liens of Tenant or any person, agency, political subdivision, firm or corporation claiming under Tenant, without any compensation therefor from Landlord to Tenant or to any other person, agency, political subdivision, firm or corporation, but subject to the rights of subtenants in possession. Upon the expiration or sooner termination of this Lease, except for a new lease under Section 8.7 ( "New Lease to Lender'), such building and improvements shall be surrendered to Landlord. Tenant shall also upon the expiration or sooner termination of this Lease surrender to Landlord such personal property owned by it used in the operation of the Project such as furniture, office equipment:, maintenance equipment, pool furnishings, library and craft shop equipment, if any. Except as provided in the immediately preceding sentence, Tenant shall have the right to remove any computer equipment, files, books, records, office supplies and other personal property without any accounting to Landlord so long as removing any such property does not cause or result in any physical damage to the Project. ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE Section 7.1 Tenant's Right to Encumber Leasehold. Tenant, to obtain a Loan, or Loans, may mortgage, pledge, hypothecate or otherwise encu tuber to any person or entity by deed of trust or mortgage or other security instrument all or any portion of Tenant's right, title and interest under this Lease and the leasehold estate hereby created. F: IDOGUMEN- nKB\BALDWINIGRNDLSE.V4 042099 11 ARTICLE 8. LENDER PROTECTION Section 8.1 Notice to and Service on Lender. Landlord shall mail to Lender, should Tenant incur any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), a duplicate copy of any and all notices Landlord may from time to time give to or serve on Tenant pursuant to or relating to this Lease. Tenant shall at all times keep Landlord informed in writing of the name and mailing address of Lender and any changes in Lender's mailing address. Any notices or other communications permitted by this or any other Section of this Lease or by law to be served on or given to Lender by Landlord shall be deemed duly served on or given to Lender by deposit in the United States mail, certified, return receipt requested or by overnight courier, return receipt, addressed to Lender at the last mailing address for Lender furnished in writing to Landlord by Tenant or Lender. The date of notice shall be the date marked on the return receipt. Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent. Should Tenant obtain any Loan secured by a Lien as permitted in Article 7 ( "Encumbrance of Leasehold Estate "), Tenant and Landlord hereby expressly stipulate and agree that they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease without the written consent of each Lender. Section 8.3 Rights of Lender. Should Tenant obtain any Loan secured by any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), the Lender shall have the right, without further consent of Landlord, at any time during the term of this Lease to: 8.3.1 Do any act or thing required of Tenant under this Lease, and any such act or thing done and performed by Lender shall be as effective to prevent a forfeiture or loss of Tenant's rights under this Lease as if done by Tenant himself; 8.3.2 Transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate created by this Lease to any purchaser at any foreclosure sale, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale contained in a Lien, provided, however, that subject to the terms of Section 4.6 hereof, any foreclosure purchaser shall agree to be bound by those certain affordability covenants and restrictions set forth in the Disposition and Development Agreement; and 8.3.3 Acquire and succeed to the right, title and interest of Tenant under this Lease by virtue of any foreclosure proceeding, whether the foreclosure is conducted pursuant to a court order or pursuant to a power of sale contained in a Lien, or by virtue of a transfer in lieu of foreclosure ( "Foreclosure ") and, following such Foreclosure, transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate granted by this Lease to any third party. F:I DOCUMBN`IlKB\BALDWINIGRNDLSB.V4 042099 12 Section 8.4 Right of Lender to Cure Defaults, Should Tenant obtain any Loan secured by any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), then before Landlord may terminate this Lease because of any default under or breach of this Lease by Tenant, Landlord must give (i) written notice of the default or breach (the "Initial Default Notice ") and (ii) written notice of the failure of the Tenant to cure the default or breach (the "Second Default Notice ") to Lender concurrently with the transmittal of such notices to Tenant and afford the Lender the opportunity to: 8.4.1 Cure the breach or default (including the payment of all accrued and delinquent Rent) at any time prior to the sixtieth (60th) day after service on Lender of the Second Default Notice where the default can be cured by the payment of money to Landlord or some other person, provided Lender shall not be required to pay delinquent Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question; 8.42 Cure the breach or default within one hundred twenty (120) days after service on Lender of the Second Default Notice where the breach or default must be cured by something other than the payment of money and can reasonably be cured within that time; or 8.4.3 Cure the breach or default in such reasonable time as may be required where something other than the payment of money is required to cure the breach or default and cannot be reasonably cured within one hundred twenty (120) days after service on Lender of the Second Default Notice, provided that acts to cure the breach or default are commenced within that time period after service of the Second Default Notice on Lender by Landlord and are thereafter diligently continued by Lender. If in order to complete the cure of the default or breach Lender requires access to the Property and Project the foregoing cure period shall not commence until Lender obtains possession of the property, provided that the Lender diligently seeks to obtain such possession by a foreclosure action or otherwise and diligently pursues such action all within the time periods set forth in Section 8.5 ("Foreclosure in Lieu of Curing Default "). If Lender completes the cure of the default or breach in a timely and proper manner, Landlord shall accept the cure as fulfilling the terms of this Lease. Section 8.5 Foreclosure in . Lieu of Curing Default. Notwithstanding any other provision of this Lease, a Lender may forestall termination of this Lease by Landlord for a default under or breach of this Lease by Tenant by commencing proceedings to foreclose its Lien. The proceedings (the "Proceedings ") so commenced may be for foreclosure of the Lien by order of court or for foreclosure of the Lien under a power of sale contained in the instrument creating the Lien. The proceedings shall not, however, forestall termination of this Lease by Landlord for the default or breach by Tenant unless: F: 1DQCUMENTIKBIBALDWINIGRNDLSE.V4 042099 13 8.5.1 They are commenced within one hundred twenty (120) days after service on Lender of the Second Default Notice; 8.5.2 They are, after having been commenced, diligently pursued; and 8.5.3 Lender keeps and performs all of the terms, covenants and conditions of this Lease (including the payment of Rent, including past due Rent, underthis Lease) requiring the payment or expenditure of money by Tenant accruing after commencement of the Proceedings until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment or conveyance of the leasehold estate to Lender, provided Lender shall not be required to pay past due Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question. Section 8.6 Assignment Without Consent on Foreclosure. Provided that a Lender gives written notice of transfer to Landlord setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Landlord shall not be required for transfer after Completion of Construction of the Project of Tenant's right, title and interest under this Lease to: 8.6.1 Any purchaser, which includes the Lender, at a foreclosure sale of a Lien, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale in the instrument creating the Lien, provided, however, that the subsequent purchaser agrees to execute an agreement containing the same covenants, conditions, and provisions as those in the Disposition and Development Agreement unless the purchaser is a Lender, in which event the provisions of Section 4.6 hereof shall apply and in the event that Section 4.6 does not apply, then the provisions of Section 8.6.2(i), (ii) and (iii) hereof shall apply; or 8.6.2 A purchaser from Lender after foreclosure where Lender was the purchaser of Tenant's interest at the foreclosure sale of the Lien, or acquired Tenant's interest by transfer in lieu of foreclosure. The purchase from the Lender shall be subject to all the terms and conditions of this Lease except that the purchasers shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. The Lender, the purchaser at a foreclosure sale, or the purchaser from the Lender shall be subject to all the terms and conditions of this Lease and the Disposition and Development Agreement except that (i) the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant ") of this Lease shall be extended for that period equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to transfer the Lease to the purchaser at a foreclosure sale and /or to the purchaser from Lender, (ii) the performance of any acts required by Article 6 ( "Construction by Tenant') of this Lease that have already been performed shall be excused, and (iii) any Lender shall be able to absolutely assign or transfer this Lease regardless of the date of the assignment and any purchaser, assignee F: IDOCUMENTIKBIBALDWINIGRNDLSE.V4 042099 14 or transferee of this Lease from any lender shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. Section 8.7 New Lease to Lender. Notwithstanding any other provision of this Lease, should this Lease terminate because of any default which cannot be cured by Lender, including without limitation, the insolvency or bankruptcy of Tenant or should this Lease terminate for any reason Landlord shall, within thirty (30) days after the request set forth in Subsection 8.7.1 ( "New Lease to Lender ") below is received, execute and deliver a new Lease for said Property and Project to the Lender, provided: 8.7.1 A written request for the new Lease is served on Landlord by Lender within sixty (60) days after service on Lender of notice that the Lease has terminated and Landlord agrees to give Lender notice of such termination. 8.7.2 The new Lease (i) is for a term ending on the same date the term of this Lease would have ended had not this Lease been terminated, and (ii) contains the same covenants, conditions and provisions as are contained in this Lease, except that the Lender shall be able to absolutely assign or transfer the new Lease regardless of the date of the assignment and any purchaser, assignee or transferee of the Lease from Lender shall be able to assign or transfer the Lease without the approval or consent of Landlord regardless of the date of the assignment. 8.7.3 The Lender executes an Agreement with Landlord containing the same covenants, conditions and provisions as those in the Disposition and Development Agreement subject to the terms of Section 4.6 hereof, and if Section 4.6 does not apply, then the provisions of 8.6.2(1), (ii) and (iii) shall apply. 8.7.4 After termination of the Lease but prior to the expiration of the period within which Lender has to request and receive a new Lease, Landlord shall not terminate any existing subleases or enter into any new subleases for the Property or Project and Landlord shall account to Lender for all subtenant rents during such period. 8.7.5 The new Lease shall be subject to all existing subleases under which each such sublessee is not in default and shall be assignable by Lender without further approval or consent by Landlord provided the conditions of this Section are satisfied. 8.7.6 The new Lease shall: a. Extend the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant ") of this Lease for such period as is equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to terminate this Lease, execute a new Lease to Lender and Lender's timely assignment of such new Lease; and F: 1DOCUMENTIKBIBALDWINLGRNDLSE.V4 042099 15 b. Excuse the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease that has already been performed but Lender, and Lender's assignee as Tenant under the new Lease, shall be liable for payment of all costs and expenses incurred in the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease, whether performed before or after execution of the new Lease, which is claimed as a lien against said Property and /or Project. 8.7.7 The new Lease and any Lien shall have the same priority as the original Lease and any Lien on the original Lease, and any intervening liens on Landlord's fee interest shall not have any priority over the new Lease or any Lender's Lien thereon. 8.7.8 Lender, on execution of the new Lease, shall pay to Landlord all of Landlord's reasonable costs and expenses, including reasonable attorney's fees and court costs incurred in terminating this Lease, recovering possession of the Property and Project from Tenant and preparing the new Lease. Section 8.8 No Merger of Leasehold and Fee Estates. There shall, during the existence of any Lien, be no merger of the leasehold estate created by this Lease and the Fee without the consent of each Lender merely because both estates have been acquired or become vested in the same person or entity. Section 8.9 Lender as Assignee of Lease. No Lender shall be liable to perform the obligations of the Tenant under this Lease unless and until such time as Lender becomes the owner of the leasehold estate created hereby and acquires the right, title and interest of Tenant under this Lease through foreclosure, transfer in lieu of foreclosure, assignment or otherwise, and thereafter such Lender shall remain liable only so long as such Lender remains as the owner of the leasehold estate. Section 8.10 Lender as Including Subsequent Security Holders. The term "Lenders" as used in this Lease shall mean not only the person, persons or entity that loaned money to Tenant and is named as beneficiary, Mortgagee, secured party or security holder in the instrument creating any Lien incurred by Tenant pursuant to Section 7.1 ( "Tenant's Right to Encumber Leasehold ") of this Lease, but also all subsequent assignees and, holders of the instrument and interest secured by such instrument. Section 8.11 Estoppel Certificates. Landlord shall provide to any Lender, on written request, an estoppel certificate pursuant to the provisions of Section 15.15 ( "Estoppel Certificate ") certifying to such matters as status of Rent payments, satisfaction of conditions, and defaults, if any. Section 8.12 Superiority of Ground Lease. This Lease, any replacements thereof, and any subleases or subtenancies, shall be at all times superior to any lien or encumbrance on Landlord's fee title interest in the Property or the Project. F: IDOCUMEN- nKBIBALDWINIGRNDLSE.V4 042099 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by any Lender or proposed Lender for the purpose of implementing the mortgagee- protection provisions contained in this Article and allowing such Lender reasonable means to protect or preserve its Lien on the occurrence of a default under the terms of this Lease; provided, however, that such amendment shall not have a material adverse effect on Landlord's rights or obligations under this Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment. Section 8.14 Restriction on Landlord's Right to Encumber the Fee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the priorwritten consent of the then outstanding Lenders, or any successors thereof, having provided a loan unless there is an express subordination of the new encumbrance of Landlord's interest in the Property to this Lease which subordination shall be in a form acceptable to said Lender or successor thereof having provided the loan. Section 8.15 Restriction on Subordination of Tenant's Interest. Any subordination or attempted subordination by Tenant to any mortgage, deed of trust, encumbrance or other security interest on Landlord's interest in the Property or any part thereof shall be void ad initio and shall have no force or effect unless first agreed to in writing by all outstanding Lenders or successors thereof having provided a loan. The restriction set forth in this Section 8.15 shall only apply to outstanding Lenders that have provided a Loan or Loans for which the majority of the proceeds were used for the construction, development, maintenance, or operation of the Project or to repay any of such loans or to refinance any of said Loans. Section 8.16 Lender's Nominee. Any right of Lender under this Lease may be exercised by a nominee of Lender. Section 8.17 Multiple Lenders. Where there is a right herein to be exercised by a Lender and there exists more than one Lender the right may exercise in the order of priority of each Lender's Lien. ARTICLE 9. REPAIRS AND RESTORATION Section 9.1 No Obligation of Landlord. Landlord shall not be required or obligated to make any changes, alterations, additions, improvements or repairs in, on, or about the Property, the Project or any part thereof. Section 9.2 Maintenance by Tenant. It is the intention of the parties that the Project shall at all times be maintained in a good condition, and that Tenant shall keep and maintain the Property and the Project in such condition free from rubbish and debris, F: IDOCUMEN'RKBIBALDWIN\GRNDLSE.V4 042099 17 reasonable wear and tear excepted, and shall repair all damage resulting from use, including willful action (whether proper or improper) or negligence, by Tenant or any persons permitted to be on the Property by or with the consent of Tenant, express or implied, except Landlord, or resulting from Tenant's failure to observe or perform any covenant of Tenant under this Lease. Tenant's obligation pursuant to this Section shall not alter Tenant's right to raze, alter, or make improvements to the Property as set forth in Article 2.2 ( "Possession "). Section 9.3 Compliance with Applicable Law. Tenant shall promptly comply with the requirements of every applicable law, including but not limited to the Americans With Disabilities Act (42 U.S.C. Section 12101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3604 (f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder, with respect to the condition, maintenance, use or occupation of the Property, including the making of any alteration or addition in and to any structure upon, connected with, or appurtenant to the Property, whether or not such alteration be structural, or be required on account of any particular use to which the Property, or any part thereof, may be or is now put, and whether or not such law be of kind now within the contemplation of the parties hereto; and shall likewise comply with an applicable regulation or order of the applicable Board of Fire Underwriters or other body having similar functions, or of any liability or fire insurance company by which. Tenant may be insured. Provided, however, Tenant shall have the right to contest, oppose, or object to the application of any such laws or regulations, and Landlord shall, if required by law to bring such contest, opposition or objection, at no cost to Landlord, join in same at Tenant's request. Provided, further, notwithstanding anything to the contrary, to the extent that compliance with this Section 9.3 ("Compliance with Applicable Law ") requires the remediation of conditions, construction of improvements or any expenditure of monies where the benefit of such expenditure cannot be amortized over the remaining term of this Lease, the Tenant may either terminate this Lease or, with the approval of Landlord, continue the Lease with the cost of such expenditure allocated between Landlord and Tenant based upon the reasonable amortization of the expenditure and the remaining term of this Lease. The preceding sentence shall not apply in the event that the underlying cause of the required remediation of conditions, construction of improvements, or expenditures of monies is the negligence or willful misconduct of Tenant, its principals, shareholders, agents, contractors, employees, or representatives. Section 9.4 Damage or Destruction. Except for any improvements presently located on the Property, should, at any time during the term of this Lease, any buildings or improvements hereafter located on the Property be destroyed in whole or in part by fire, theft, the elements, or any other cause (collectively hereinafter referred to as a "Casualty "), this Lease shall continue in full force and effect; provided, however, that Tenant, subject to the rights of any Lender, shall have the option of terminating this Lease on the last calendar day of any month by giving Landlord at least thirty (30) days' prior written notice of Tenant's intent to do so and by removing, within one hundred eighty (180) days of the F:1DOCUMENI IKBIBALDWINIGRNDLSE.V4 042099 18 Casualty, at Tenant's own cost and expense, all debris and remains of the damaged improvements from the Property, where: 9.4.1 Any buildings or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last fifteen (15) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than fifty percent (50 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.2 Any building or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last ten (10) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than twenty five percent (25 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.3 Any buildings or improvements hereafter located on the Property are damaged or destroyed by a Casualty at any time during the term of this Lease and insurance proceeds available to Tenant from the insurance required in Section 10.5 ( "Casualty Insurance") are not sufficient to cover one hundred percent (100 %) of the cost to repair and restore such damaged or destroyed buildings or improvements. Section 9.5 Application of Insurance Proceeds. Except as hereinafter provided in this Section 9.5 ( "Application of Insurance Proceeds "), and subjectto the rights of any Lender (which rights shall have priority over any contrary rights in this Lease) all insurance proceeds paid to Tenant hereof on account of any damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss (which costs, fees or expenses shall be reimbursed to the party incurring such expenses) shall be applied to the payment of the cost of the restoration or repairs of such damage or destruction. Such work may include the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs, replacements, rebuilding, or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or operations are hereinafter collectively referred to as the "Restoration "). Such proceeds shall be paid out from time -to -time to Tenant or in accordance with its directions, as such Restoration progresses upon the written approval of Landlord and the written request of Tenant. Notwithstanding the foregoing, the approval of Landlord to any disbursement of insurance proceeds to Tenant shall not be required at any time that such insurance proceeds are being held and distributed by any Lender for the purpose of such Restoration; provided, however, that such Lender shall disburse such funds during the course of such Restoration as necessary to make progress payments under the terms of any construction contract for such work and based upon its review and approval of work completed and vouchers and invoices from contractors and subcontractors performing such work, receipt of lien releases, and adherence to other procedures customary in the disbursement of construction loan proceeds during the course of construction. Upon the receipt by Landlord F :IDOCUMENnKBIBALDWINIGRNDLSE.V4 042099 19 of satisfactory evidence that the Restoration has been fully completed and paid for in full and that there are no liens of the character referred to in Section 6.5 ( "Mechanic's Lien ") hereof, and there is no default under the terms, conditions, covenants and agreements of this Lease which can not be cured by the payment of money or any default hereunder which has become an event of default, any balance of the insurance proceeds at the time held by an insurance trustee or Lender shall be paid to Tenant. Notwithstanding anything contained in this Lease to the contrary, however, should Tenant exercise the option given Tenant by Section 9.4 ( "Damage or Destruction ") of this Lease to terminate this Lease because of damage to or destruction of buildings or improvements on the Property, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction shall be applied in the following priority: 9.5.1 first, toward the payment of the unpaid obligations secured by any Liens in the order of the respective priorities of said Liens, including any prepayment penalties or premiums assess or imposed for prepayment; 9.5.2 second, toward the removal of all debris and remains of the damaged improvements from the Property; and 9.5.3 third, the balance of the proceeds, if any, shall be allocated between Tenant and Landlord according to the following formula: Tenant shall receive that portion of such balance which is equal to the balance of the proceeds multiplied by a fraction, the numerator of which is the number of years or fraction thereof remaining in the term of this Lease and the denominator of which is fifty -seven (57) and Landlord shall receive all of the proceeds remaining after the payment to Tenant provided for in this Subsection 9.5.3 ( "Application of Insurance Proceeds "). Section 9.6 Continuing Obligation to Pay Rent. Except for Tenant's right to terminate this Lease as provided in Section 9.4 ( "Damage or Destruction"), no destruction of, or damage to the structures or any part thereof by fire or any other cause shall permit Tenant to terminate this Lease nor relieve Tenant from its obligations to pay the full Rent payable under this Lease or from any of its other obligations under this Lease. Tenant waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrenderthis Lease orthe Property or any suspension, diminution, abatement or reduction of Rent on account of any such destruction or damage. ARTICLE 10. INDEMNITY AND INSURANCE Section 10.1 Indemnity Agreement. Except for willful misconduct and/or negligence of Landlord or its authorized agents, Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and the Project, free and harmless from any and all liability, claims, loss, damages, judgments, penalties, cause of actions, or F :IDOCUMENnKBIBALDWINIGRNDLSE.V4 042099 20 costs or expenses (including reasonable attorneys' fees and court costs) imposed upon or incurred by or asserted against Landlord by reason of: 10.1.1 Any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or the Project, or any part thereof, or the adjoining sidewalks, curbs, streets or ways over which Tenant has control, unless such accident, injury, loss or damage results from the failure to perform a duty of due care by Landlord (it being agreed that Landlord has no duty or obligation under this Lease with respect to the Property or the Project); 10.1.2 The condition of the Property or Project, or. any part thereof, including the improvements, or of any street, curb or sidewalk adjoining the Property or Project over which Tenant has control, or of any passageways or spaces therein or appurtenant thereto; or Tenant's failure to keep and maintain the Property or the Project, including improvements, in good and sanitary order, condition and repairas required under this Lease; 10.1.3 Any act or omission of Tenant or its agents, contractors, employees, sublessees or invitees or any failure on the part of Tenant or any of its agents, contractors, employees, sublessees, or invitees to exercise due care or to perform or comply with any of the provisions of this Lease and of any contracts and agreements to which Tenant or any of its agents, contractors, employees or sublessees is a party and of any laws affecting the Property or the Project, including improvements, or any part thereof; 10.1.4 Performance of any labor or services or the furnishing of any materials or other matters by or on behalf of Tenant in respect of the Property or the Project, or any part thereof, including improvements; and 10.1.5 Management of the Property or Project, including improvements, or any work or act whatsoever done on or about the Property or the Project by or on behalf of Tenant. Section 10.2 Exculpation of Landlord. Excepting injury and property damage proximately caused by Landlord's negligence or willful misconduct, Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee of Tenant or to any member of the public for any loss, injury or damage to any person or property, regardless of the case. Without limiting the generality of the foregoing Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee or to any member of the public: 10.2.1 for any damage to person or property occasioned by the bursting or leaking of any water, gas or steam pipe, oil or other pipes, plumbing or sewerage, or by the overflowing of any tank or closet, or other damage occasioned by water, oil or sewerage or other fluid flowing below, in, above, upon or about the Property or the Project, F:l DOCUMENTIKBIBALDWINIGRNDI_SE.V4 042099 21 or coming through any skylight, window, wall or trapdoor, or otherwise, whether as the result of storms or accident or otherwise; 10.2.2 for any damages arising from the leakage or discharge of electric current in or upon the Property.or the Project or resulting from defective wiring, defective work in the installation of electric wires, electrical apparatus or equipment or other damages arising from the use of electricity upon the Property or the Project, or any improvement situated thereon, either for lighting or for any other purpose, whether such use shall be by Tenant or any other occupant of said building, or otherwise; nor, 1023 for any damages arising from any act or neglect of sublessees of the Property or the Project under subleases with Tenant, or occupants thereof authorized by Tenant. In case any action, suit or proceeding (collectively "Suit ") is brought against Landlord by reason of any occurrence described in Section 10.1 ( "Indemnity Agreement ") or in Section 10.2 ( "Exculpation of Landlord "), Tenant, upon Landlord's written request, will resist and defend such Suit, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Landlord unless such Suit arose out of the willful misconduct and/or negligence of Landlord or its authorized agents, in which event Tenant shall have no such duty or obligation. Section 10.3 Obligation to Indemnify Other Party. If either party is made a party defendant to any litigation concerning this Lease or the Property or the Project, or the occupancy thereof by the wrongful action of the other, then the wrongful party shall indemnify and hold harmless the other party from all liability by reason of said litigation, including reasonable attorneys' fees and expenses incurred by said other party in any such litigation whether or not any such litigation is prosecuted to judgment. Section 10.4 Liability Insurance. Tenant shall secure promptly and maintain during the entire term of this Lease the following insurance for the mutual benefit of Landlord and Tenant: 10.4.1 a broad form comprehensive coverage policy of public liability insurance on an "occurrence basis" (as primary and not secondary coverage) insuring both Tenant and Landlord against claims for personal injury, death or property damage caused by or connected with Tenant's occupation and use of the Property and the Project under this Lease which insurance policy or policies (including umbrella coverage of any) shall afford protection to the limit of at least Five Million Dollars ($5,000,000) with respect to any one accident. Tenant agrees that such limits referred to in this Section shall be increased from time to time as commercially reasonably requested by Landlord in writing, and provided such increased limits are then being written on other comparable property. Said insurance shall name Landlord as additional insured and shall be primary and not secondary coverage. Such insurance shall include liability for bodily injury or property damage arising out of the use, by or on behalf of Tenant, or any other person or organization, of any owned, non - owned, leased or hired automotive equipment in the F: IDOCUMENTIKBIBALDWINtGRNDLSE.V4 042099 22 conduct of any and all operations called for under this Lease. If appropriate by reason of the uses to which the Property or the Project shall be put, such insurance shall also include coverage against garage liability, garage keepers liability, products liability, innkeepers liability, and liquor liability; 10.4.2 Rental income and/or business interruption insurance against loss of Tenant's income from the Project due to the risk covered by the insurance referred to in Section 10.5 ( "Casualty Insurance ") in amounts sufficient to cover (i) the Base Rent payable hereunder and (ii) Tenant's fixed Cash Expenditures for a period of six (6) months from the date of any casualty insured against. Section 10.5 Casualty Insurance. Tenant shall keep the Property and the Project insured following Completion of Construction for the mutual benefit of Landlord and Tenant as named insureds, against loss or damage by fire and lightning and against loss or damage by other risks embraced by coverage now known as the broad form of extended coverage, including but not limited to, riot and civil commotion, vandalism and malicious mischief, insurance against loss or damage from explosion of boilers, generators, transformers, heating apparatus and air conditioning systems, and against such other risks or hazards (excluding earthquake unless, in the reasonable judgment of Tenant, earthquake insurance is available on commercially reasonable terms) as may then customarily be insured against in structures and uses as encompassed under the Project and for which other risks or hazardous, insurance coverage is commercially available at a commercially reasonable cost. Such insurance shall be in amounts sufficient to prevent Landlord or Tenant from becoming co- insurers under the terms of the applicable policies but in any event not less than full replacement cost of the structures (exclusive the cost of excavations, foundations and footings) without deduction for physical depreciation (and with not more than $50,000 deductible from the loss payable for any casualty or such lesser deductible amount as Tenant shall require). The policies of insurance carried in accordance with this Section shall contain the "Replacement Cost Endorsement ". Such full replacement cost shall be determined from time to time, upon the written request of Landlord, by written agreement of Landlord and Tenant. If Landlord and Tenant cannot agree upon such replacement costs, such replacement costs shall be determined by one of the insurers, or at the option of Landlord, by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A copy of any such determination shall promptly be sent to Landlord upon receipt thereof by Tenant and subject to approval by Landlord, the insurance maintained pursuant to this Section shall be adjusted to the new full replacement costs. Section 10.6 Required Insurance During Construction. During the period of construction of the Project, Tenant shall maintain, at its own cost and expense, with casualty insurance companies of recognized responsibility commensurate with the risks being underwritten and authorized to do business in the State of California, builder's risk insurance in so- called non - reporting form upon the improvements under construction in F: 1D©CUMFNT1KB\BALDWINIGRNDLSE.V4 042099 23 such amount and with such coverage as required by the Lender making the loan financing the construction of the Project. Section 10.7 Insurance Terms. Tenant shall procure policies for such insurance for periods of from one (1) to three (3) years, as Tenant shall elect and shall deliver to Landlord certified copies of such policy or policies, or certificates thereof with evidence of the payment of the premiums therefore on or before the commencement of the term of this Lease, and shall procure and deliver evidence of renewals thereof from time'to time at least thirty (30) days before the expiration or termination of any similar policy then existing. If Tenant fails to deliver evidence of such renewals as provided in the last preceding sentence, Landlord shall give Tenant written notice of such failure and if within thirty (30) days of such notice Tenant fails to deliver evidence of such renewals, Landlord may procure any such insurance for such periods as Landlord shall elect, and Tenant shall, on demand, reimburse Landlord for all reasonable costs for such insurance. Tenant shall attempt to require that each such policy shall provide that no interest of Tenant shall be subject to cancellation or termination except upon not less than thirty (30) days` prior written notice to Landlord. Tenant, without cost to Landlord, agrees to name Landlord and any Lender as a party insured on all insurance policies carried by Tenant on the Property or Project. All policies shall be issued by companies of recognized responsibility, reasonably acceptable to Landlord authorized to transact business in California. Each such policy or certificate therefore issued by the insurer shall, to the extent obtainable, contain a provision that no act or omission of Tenant which would otherwise result in forfeiture or a reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of the loss sustained. Section 10.8 Other Insurance; Waiver of Fights. If insurance is carried by either party with respect to the Property or the Project, and such insurance is not required by this Article, such insurance shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party prior to the occurrence of loss or injury. Each party hereby waives all rights of recovery against the other for loss of injury of a type against which the waiving party is protected. Section 10.9 Adjustment. Subject to the terms of any Lien, all policies of insurance provided for in this Article shall provide for loss hereunder (i) to be adjusted by and payable to Tenant with respect to any particular casualty resulting in damage or destruction not exceeding One Hundred Thousand Dollars ($100,000) in the aggregate or (ii) with respect to any particular casualty resulting in damage or destruction exceeding One Hundred Thousand Dollars ($100,000) in the aggregate, to be adjusted jointly by Landlord and Tenant and payable to a mutually acceptable trustee. Such proceeds shall be disbursed by such trustee to Tenant to be used to repair such damage or destruction in the manner set forth in Section 9.4 ( "Damage or Destruction ") hereof. Landlord hereby agrees that any Lender shall be an acceptable trustee for the purpose of receiving and disbursing insurance proceeds for the purposes provided in this Lease. F :IDOCUMENnKSIBALDWINIGRNDLSE.V4 042099 24 Section 10.10 Lender Requirements. In the event that any Lender shall require more extensive insurance coverage than that provided above, then such requirements shall supersede the requirements hereinabove provided for. Section 10.11 Environmental Indemnity. 10.11.1 Tenant hereby agrees to indemnify, hold harmless and defend Landlord from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of the defense and settlement and attorneys' fees), which Landlord may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by,, or due in whole or in part to, the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located or allowed to be located on, above, beneath or about the Property or the Project by Tenant or its agents, representatives, contractors, tenants, invitees and tenants' invitees, employees subsequentto the Commencement Date except for those deposited, stored, disposed of, placed, or otherwise located or allowed to be located by Landlord after the Commencement Date. 10.11.2 Landlord hereby agrees to indemnify, hold harmless and defend Tenant from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of defense and settlement and attorneys' fees), which Tenant may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the presence of, or the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located on, above, beneath or about the Property or the Project by Landlord or its agents or employees. ARTICLE 11. CONDEMNATION Section 11.1 Definitions. As used in this Article: 11.1.1 "Condemnation" means (1) the taking or damaging, including severance damage, by eminent domain or by inverse condemnation or for any public or quasi - public use under any statute, whether by legal proceedings or otherwise, by a condemnor (hereinafter defined), and (ii) voluntary sale or transfer to a Condemnor, either under threat of Condemnation or while Condemnation legal proceedings are pending. F :IDOCUMENnKBIBALDWINIGRNDLSE.V4 042099 25 11.1.2 "Date of Taking" means the later of (i) the date actual physical possession is taken by the Condemnor or (ii) the date on which the right to compensation and damages accrues under the laws of the State of California. 11.1.3 "Award" means all compensation, damages, interest, sums or anything of value awarded, paid or received for a Total Taking, a Substantial Taking or a Partial Taking, whether pursuant to judgment or by agreement or otherwise. 11.1.4 "Condemnor" means any public or quasi - public authority or private corporation or individual having the power of Condemnation excluding, however, Landlord or any successor of Landlord, or any entity acting on behalf of Landlord or any successor of Landlord. Landlord agrees not to exercise any power of Condemnation, or any equivalent thereof against the Property or the Project, or any part thereof during the term of this Lease. 11A 5 "Taking" means a Total Taking, Substantial Taking or Partial Taking. 11.1.6 "Total Taking" means the taking by Condemnation of the fee title to all the Property and all the improvements thereon, including, but not limited to, the Project. 11.1.7 "Substantial Taking" means the taking by Condemnation of so much of the Property or improvements located thereon, including, but not limited to, the Project, or moth that one or more of the following conditions results: a. The remainderofthe Property and/or improvements located thereon, including, but not limited to, the Project, would not be economically and feasibly usable by Tenant; and/or b. A reasonable amount of reconstruction would not make the Property and improvements, including, but not limited to, the Project, a practical improvement and reasonably suited for the uses and purposes for which the Property is leased hereunder. 11.1.8 "Partial Taking" means any taking that is not either a Total Taking or a Substantial Taking. 11.1.9 "Notice of Intended Condemnation" means any notice or notification on which a reasonably prudent person would rely and which such person would interpret as expressing an existing intention of Condemnation as distinguished from a mere preliminary inquiry or proposal. It includes but is not limited to service of a Condemnation summons and complaint on a party hereto. The notice is considered to have been received F :IDOCUMENnKBIBALDWINIGRNDLSE.V4 042099 26 when a party receives from the Condemnor a Notice of Intended Condemnation, in writing, containing a description or map reasonably defining the extent of the Condemnation. Section 11.2 Notice and Representation. 11.2.1 The party receiving a notice of one or more of the kinds specified below shall promptly notify the other party of the receipt, contents and dates of such notice. a. Notice of Intended Condemnation. b. Service of any legal process relating to Condemnation of the Property or any improvements located thereon, including, but not limited to, the Project. C. Notice in connection with any proceedings or negotiations with respect to such a Condemnation. d. Notice of intent orwillingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. 11 .2.2 Landlord, Tenant and each Lender shall each have the right to represent its respective interest in each Condemnation proceeding or negotiation and to make full proof of its claims. No agreement, settlement, sale or transfer to or with the Condemnor shall be made without the consent of Landlord, Tenant and the Lender secured by a Lien prior in right to any other Lien (the "First Lender'). Landlord, Tenant and First Lender shall each execute and deliver to the other any instruments that may be required to effectuate or facilitate the provisions of this Lease relating to Condemnation. Section 11.3 Total or Substantial Taking. 11.3.1 On a Total Taking, this Lease shall terminate on the Date of Taking. 11.3.2 If a Taking is a Substantial Taking, Tenant may, by notice to Landlord given within sixty (60) days after Tenant receives a Notice of Intended Condemnation, elect to treat the Taking as a Substantial Taking. If Tenant does not so notify Landlord, the Taking shall be deemed a Partial Taking. A Substantial Taking shall be treated as a Total Taking if (i) Tenant delivers possession of the Property to Landlord within one hundred eighty (180) days after determination that the Taking was a Substantial Taking, and (ii) Tenant is not in material default under the Lease and has substantially complied with all Lease provisions concerning apportionment of the Award. If said conditions are not satisfied, the Taking shall be treated as a Partial Taking. 113.3 Tenant may continue to occupy the Property and improvements thereon, including, but not limited to, the Project, until the Condemnor takes physical F: iD©CUMENTIKBIBALDWINIGRNDLSE.V4 042099 27 possession of the part of the property subject to the Condemnation. At any time following Notice of Intended Condemnation, Tenant may elect to deliver possession of the part of the property subject to the Condemnation to Landlord before the actual Taking. The election of Tenant shall be made by Tenant's delivering written notice to Landlord declaring the election to deliver possession prior to the Taking and agreeing to pay all Rents required under this Lease to the date of said delivery of possession. Tenant's right to apportionment of or compensation of the Award shall then accrue as of the date that the Tenant delivers possession of said property to Landlord. 11.3.4 Subject to the rights of Lenders, on a Total Taking the Award, including damages and interest, awarded for the fee or leasehold or both shall be deposited promptly with a title insurance company reasonably acceptable to Landlord and Tenant (the "Title Company"), or such other independent third party as Landlord and Tenant may agree, as escrow agent and shall be distributed and disbursed in the following order of priority: a. First, the balance due, including, but not limited to, any prepayment penalty or premium due thereunder for early payment, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and/or the Project has not been encumbered. b. Second, the amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded to Tenant for detriment or loss of business. C. Third, to Landlord and Tenant, respectively, and pro -rata, any expenses or disbursements reasonably paid or incurred by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the present value as of the first to occur of the Date of Taking, or the date Tenant delivers possession to Landlord of the Property taken, of the remaining term of Tenant's interest in this Lease. e. Fifth, to Landlord the balance of the Award. Section 11.4 Partial Taking. 11.4.1 On a Partial Taking, this Lease shall remain in full force and effect for the remainder of the Property and the Project on the same terms and conditions contained herein. 11.4.2 Promptly after a Partial Taking, at Tenant`s expense to the extent of Tenant's Award and in the manner specified in provisions of this Lease relating to maintenance, repairs and alterations, Tenant shall repair, alter, modify or reconstruct the F: IDOCUMEN- nKBIBALDWINIGRNDLSE.V4 042099 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued occupancy for the uses and purposes for which the Property is leased. If Tenant within sixty (60) days after the determination of Tenant's share of the Award does not notify Landlord that it will Restore the Project, the cost to Restore shall be deducted from Tenant's share of the Award and paid to the Lenders in the order of their priority and otherwise to Landlord, provided however that: (i) if any subtenant is entitled to any compensation by reason of the Taking, then such amount shall first be deducted from the Award and paid to the subtenant and (ii) Tenant shall be entitled to any portion of the Award awarded for the detriment to or the loss of business caused by the Taking. 11.43 Subject to the rights of Lenders on a Partial Taking, the Award shall be deposited in the manner provided in Section 11.3.4 ( "Total or Substantial Taking ") hereof and distributed and disbursed in the following order of priority: a. First, the amounts due, if any, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and/or the Project has not been encumbered. b. Second, to Tenant, the cost of restoring the Project, plus any amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded for detriment or loss of business. C. Third, to Landlord and Tenant, respectively and pro -rata, any expenses or disbursements reasonably and necessarily incurred or paid by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the balance of the Award. Section 11.5 Limited Takings. 11.5.1 On any Taking for a temporary use of all or any part or parts of the Property or the Project, or both for a period, or of any estate less than a fee, ending on or before the normal expiration date of the term of this Lease, neither the term nor the Rents shall be reduced or affected in any way and Tenant shall be entitled to any Award for the use or estate taken. If a result of the Taking is to necessitate expenditures for changes, repairs, alterations, modifications or reconstruction of the Project to make it economically viable and a practical whole, Tenant shall receive, hold and disburse the Award in trust for such work. At the completion of the work and the discharge of the Property and Project from all liens and claims, Tenant shall be entitled to any surplus and shall be liable for any deficit. If any such Taking is for a period extending beyond the expiration date of the term of this Lease, the Taking shall be treated under the foregoing provisions for Total, Substantial and Partial Takings. F :1©OCUMENnKBIBAL©W(NIGRNDLSE.V4 042099 29 Section 11.6 Partial Taking During Final Years of Lease Term. Tenant, at its option, may be relieved of the obligation to Restore if a Partial Taking occurs during the final twenty five (25) years of the term of this Lease if the work of restoration would cost more than twenty five percent (25 %) of the then replacement value of the Project and Tenant complies with all of the following conditions: 11.61 Within sixty (60) days after Tenant's share of the Award is determined in accordance with Sections 11.7 ( "Allocation of Award of Tenant's Section 11.6 Election ") and 11.4 ( "Partial Taking "), Tenant gives Landlord notice of its election not to Restore; 11.6.2 Tenant is not in material default under any provision of this Lease; 11.6.3 Tenant continues to pay all Rents and any other payments when due as required under this Lease, provided that the requirement of this Subsection 11.6.3 ( "Partial Taking During Final Years of Lease Term ") shall be waived, if and when Tenant delivers possession pursuant to this Article. 11.6.4 Tenant delivers possession of the Property and Project to Landlord. 11.6.5 Tenant shall receive the present value of the remaining years of Tenant's leasehold interest on that portion of the Property and the Project, and, Landlord shall receive the balance of the Award. 11.7 Allocation of Award of Tenant's Section 11.6 Election. If Tenant elects to be relieved of the obligation to Restore as provided in Section 11.6 ( "Partial Taking During Final Years of Lease Term "), then the Award shall be treated in the same manner as if a Total Taking had occurred. ARTICLE 12. ASSIGNMENT AND SUBLEASING Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval. Provided Tenant is not in material default hereunder, Tenant, and its successors and assigns, shall have the right at any time after Completion of Construction to assign this Lease, any right or interest in this Lease, and any right or interest in said Property or the Project without the approval or consent of Landlord, provided that: 12.1.1 the assignee furnishes Landlord with a written and fully executed and acknowledged assignment and assumption agreement, in form and substance reasonably satisfactory to Landlord and its attorneys, in which the assignee agrees to comply with and perform all the obligations of Tenant under this Lease and the Disposition and Development Agreement accruing after the assignment; F:\DOCUMEN-RKB\BALDWINkGRNDLSE.V4 042099 30 12.1.2 the term of any assignment shall not extend beyond the term of this Lease; and 12.1.3 all assignments shall be subject to the terms, covenants and conditions of this Lease. Section 12.2 Lease Termination: Upon Assignment. In the event that this Lease is assigned pursuant to Section 12.1 ( "Tenant's Right to Assign Without Landlord's Consent or Approval "), the assigning Tenant shall be released from all obligations contained in this Lease except for those which by the specific wording of this Lease survive such assignment. Section 12.3 Tenant's Right to Sublease. Tenant, and its successors and assigns, shall have the right to sublease all or any portion of said Property or the Project, or transfer any portion of Tenant's interest therein whether by easement, right of way, permit, franchise, license or otherwise, at any time after the Completion of Construction, provided, however, nothing herein contained shall limit Tenant's right to lease or sublease apartment units located in the Project or enter into laundry leases, cable television agreements or other electronic information delivery services without the landlord's approval, without Landlord's approval or consent. Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements. 12.4.1 The qualifications and identity of Tenant and its principals are of particular concern to the Landlord. It is because of those qualifications and identity that the Landlord has entered into this Lease with the Tenant. No voluntary successor in interest of Tenant shall acquire any rights or powers under this Lease, except as expressly set forth herein or in Article 8 hereof. 12.4.2 Priorto the Completion of Construction, the Tenant shall not assign all or any part of this Lease without prior written approval of the Landlord except as security for any Loan and except as provided in Article 8 hereof. Assignment in violation of this Section 12.4.2 without prior written approval of Landlord will be a default of this Lease. If Tenant seeks to assign this Lease in violation of this Section 12.4.2, Tenant shall promptly notify the Landlord in writing the nature and of the proposed assignees thereof. Landlord will have the option to approve any such assignment and Landlord will not unreasonably withhold such approval. 12.4.3 The restrictions of this Section 12.4 shall terminate upon the Completion of Construction. 12.4.4 Prior to the Completion of Construction, the Tenant shall not," except as security for any Loan and except as provided in Article 8 hereof and except as F: LDOCUMEN- nKBIBALDWINIGRNDLSE.V4 042099 31 otherwise permitted by this Lease, make any total or partial sale, transfer, conveyance, or sublease the whole or any part of the Project, the Property or the buildings or structures on any parcel in the Project, without the prior written approval of the Landlord which shall not be unreasonably withheld. This prohibition shall not be deemed to prevent the granting of temporary easements or permits to facilitate the construction of the Project. 12.4.5 Except as expressly hereinafter provided, any such proposed transferee, assignee, or sublessee, for which the Landlord consent is required hereunder, shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by Landlord, to fulfill the obligations undertaken in this Lease by Tenant. Any such proposed transferee, sublessee, or assignee, for whose consent Landlord approval is needed, by instrument in writing satisfactory to Landlord and in recordable form for itself, its successors and assigns, and for the benefit of Landlord shall expressly assume all of the obligations of Tenant underthis Lease and the Disposition and Development Agreement and agree to be subject to all the conditions of Tenant under this Lease and agree to be subject to all the conditions and restrictions to which Tenant is subject. There shall be submitted to Landlord for review, all instruments and other legal documents proposed to effect any such transfer, sublease or assignment, and if approved by Landlord, its approval shall be indicated to Tenant in writing. 12.4.6 In the absence of a specific written Lease by the Landlord, no such transfer, assignment or approval by the Landlord shall be deemed to relieve the Tenant or any other party from any obligations under this Lease until Completion of Construction and sale of the Project. 12.4.7 Notwithstanding anything contained herein to the contrary, Tenant shall have the right, and the limited partner of Tenant shall have the right to assign limited partnership interests in Tenant to a limited partnership of which an Affiliate of KBMH is a general partner. ARTICLE 13. Intentionally Omitted ARTICLE 14. DEFAULT AND TERMINATION Section 14.1 Abandonment by Tenant. Should Tenant abandon the Property for sixty (60) consecutive business days prior to the expiration of the term of this Lease, such action shall constitute a default under this Lease by Tenant. Section 14.2 Termination for Breach by Tenant. All covenants and agreements contained in this Lease as obligations of Tenant are declared to be conditions to this Lease and of Tenant's rights hereunder. Should Tenant fail to cure any default or breach of this Lease by it sixty (60) days after receipt of written notice of the default where the default can be cured by the payment of money to Landlord or some person, or within F:\DOCUMENTIKB\BALDWIN\GRNDLSE.V4 042099 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured other than the payment of money and can be cured within said one hundred eighty (180) days, or within such reasonable time as may be required to cure the default which default cannot be cured by payment of money or cannot be performed within one hundred eighty (180) days, so long as Tenant diligently pursues the cure, then Landlord shall, in addition to any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights attendant hereunder by giving written notice of such intention to terminate to Tenant. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: 14.2.1 The worth at the time of the award of any unpaid Rent which had been earned at the time of such termination; plus 14.2.2 The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus 14.2.3 The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus 14.2.4 Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease for which in the ordinary course of things would be likely to result therefrom; plus 1 4.2.5 Such other amounts in addition to or in lieu of the foregoing which may be permitted from time to time by applicable California law. As used in Subsections 14.2.9 and 14.2.2 ( "Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Prime Rate, not to exceed the maximum rate permitted by law. As used in Subsection 14.2.3 ( "Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent. Section 14.3 Landlord's Right of Reentry. In the event of any such default and failure to cure by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Property and the Project, and subject to the rights of occupancy of subtenants, to remove all persons and property from the Property and the Project. (Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord's Right to Relet the Property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the F: LDOCUMENTRKBIBALDWINIGRNDLSE.V4 042099 33 event that Landlord shall elect to reenter as provided in Section 14.3 ( "Landlord's Right of Reentry") hereof, or shall take possession of the Property and the Project pursuant to legal proceedings or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Section 14.3 ( "Landlord's Right of Reentry"), then Landlord may from time to time, without terminating this Lease, either recover all Rent as it becomes due or, subject to the terms and provisions of the Regulatory Agreements, relet the Property or the Project, or any part thereof, for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Property orthe Project. In the event that Landlord shall elect to so relet, then rentals received by Landlord by such reletting shall be applied: first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Property or the Project; fourth, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment to future Rent as the same may become due and payable hereunder. Should the amount of Rent received from such reletting during any month which is applied to the payment of Rent hereunder be less than that agreed to be paid during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay the Landlord, as soon as ascertained, any costs and expenses incurred by Landlord on such reletting or in making such alterations or repairs not covered by the rentals received from such reletting. Section 14.5 No Automatic Termination. No reentry or taking possession of the Property or the Project by Landlord pursuant to Sections 14.3 ( "Landlord's Right of Reentry") or 14.4 ( "Landlord's Right to Relet the Property ") shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination therefor is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default and failure to cure by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default if Tenant has failed to cure such default within the grace periods provided for in Section 14.2 ( "Termination for Breach by Tenant"). Section 14.6 Holding Over. Any holding over by Tenant after termination shall not constitute a renewal or extension of this Lease or give Tenant any rights in or to the Property or the Project. Upon the expiration of this Lease, or sooner termination hereof pursuant to the terms hereof, Tenant shall promptly vacate and surrender the Property or Project to Landlord subject to subtenants in possession and leave the Property and the Project in the condition required in Section 14.9 ( "Surrender of Property and Project "). Section 14.7 Landlord's Rights of Self -Help. In the event that the Tenant shall default in the performance ofany of the agreements, conditions, covenants or terms herein contained, which event of default remains uncured after the expiration of the grace periods F :IDOCUMENnKB\BALDWINLGRNDLSE.V4 042099 34 provided for in Section 14.2 ( "Termination for Breach by Tenant "), the Landlord may immediately, or at anytime thereafter, perform the same for the account of the Tenant, and any amount paid, or any expense or liability incurred, by the Landlord in the performance of the same shall be repaid to Landlord, as additional rent, payable by the Tenant within ninety (90) days after demand hereunder together with interest from the date the cost or expense is incurred at an amount equal to the Prime Rate but not to exceed the maximum rate permitted by law; and the Landlord shall have the right to enter (by force or otherwise) the Property or the Project for the purpose of correcting or remedying such default and to remain therein until the same shall have been corrected or remedied. No performance by Landlord of any of the obligations on Tenant's part to be performed hereunder shall be or be deemed to be a waiver of the Tenant's default in or failure to perform the same nor shall the performance thereof by Landlord release or relieve Tenant from any obligations on its part to be performed under this Lease. Section 14.8 Waiver of Breach. The waiver by Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or waiver of any subsequent breach by Tenant either of the same or different provision of this Lease. The receipt by Landlord of Rent payable under this Lease, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. Section 14.9 Surrender of Property and Project. On expiration or sooner termination of this Lease, Tenant shall surrender the Property and the Project and all facilities in any way appertaining to the Property or the Project, to Landlord in as good and clean condition as practicable, reasonable wear and tear excepted and subject to the provisions of Article 9 ( "Repairs and Restoration "). ARTICLE 15. MISCELLANEOUS Section 15.1 No Joint Venture. Neither the obligation to pay Rent hereunder nor the manner herein prescribed for the computation of the amount of such Rent shall constitute Landlord and Tenant as partners, joint venturers, or tenants in common, nor require Landlord to participate in any costs, liabilities, expenses or losses of Tenant. Section 15.2 Force Majeure - Delays. Except as otherwise expressly provided in this Lease, should the performance of any act required by this Lease to be performed by either Landlord or Tenant be prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, or moratorium on building, construction or planning approvals, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of F :1DOCUMENTIKBI$ALDWIMGRNDLSE.V4 042099 35 delay will be excused; provided, however, that nothing contained in this Section shall excuse the prompt payment of Rent by Tenant when due and payable under the terms of this Lease, or the performance of any act rendered difficult or impossible solely because of the financial condition of the party, Landlord or Tenant, required to perform the act, or the delivery of possession of the Property by Landlord to Tenant as required by this Lease. Section 15.3 Attorneys' Fees. In the event of any action or proceeding by any party hereto for breach or to enforce the provisions of this Lease, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and costs as the court may determine. For the purpose of this Lease, the terms "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, duplicating and other expenses, airfreight charges, and fees billed for law clerks, paralegals, librarians and others not admitted to the bar but performing services under the supervision of an attorney. The terms "attorneys' fees" or "attorneys' fees and costs" shall: (i) also include, without limitation, all such fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings, and whether or not any action or proceeding is brought with respect to the matter for which said fees and expenses were incurred. Section 15.4 Notices. All notices, requests and demands given underthe terms of this Lease shall be in writing and may be effected by personal delivery, including by any commercial courier or overnight delivery service, or by United States registered or certified mail, return receipt requested, with all postage and fees fully prepaid. Notices shall be effective upon receipt by the party being given notice, as indicated by the return receipt if mailed; except that if a party has relocated without providing the other party with its new address for service of notices, or if a party refuses delivery of a notice upon its tender, the notice shall be effective upon the attempt to serve the notice at the last address given for service of notices upon that party. Alternatively, notices may be served by facsimile transmission, in which case service shall be deemed effective only upon receipt by the party serving the notice of telephonic or return facsimile transmission confirmation that the party to whom the notice is directed has received a complete and legible copy of the notice. Notices shall be addressed at the addresses shown under the respective parties signatures to this Lease. The address(es) for service of notice on any party may be changed by that party serving a notice upon the other of the new address, except that any change of address to a post office box shall not be effective unless a street address is also specified for use in effectuating personal service. Section 15.5 Governing Law. This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this Lease or any decision or holding concerning this Lease arises. The parties acknowledge that each party has been represented by independent counsel in connection with this Lease and that the preparation of this Lease has been a joint effort of both parties. Accordingly, any doctrine which would result in this Lease being interpreted in favor of or against any particular party shall not be applicable. F: IDOCUMENnKBIBALDWINIGRNDLS{=.V4 042099 36 Section 15.6 Binding on Heirs and Successors. This Lease, and the terms, covenants and conditions hereof, shall be binding on and shall inure to the benefit of the heirs, executors, administrator, successors and assigns of the parties hereto, Landlord and Tenant, but nothing in this Section shall be construed as a consent or approval by Landlord to any assignment of this Lease or any interest therein by Tenant except as provided in Articles 7 ( "Encumbrance of Leasehold Estate "), 8 ( "Lender Protection ") and 12 ( "Assignment and Subleasing") of this Lease. Section 15.7 Partial Invalidity. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding. Section 15.8 Sole and Only Agreement; Amendment. This instrument constitutes the sole and only agreement between Landlord and Tenant respecting said Property and the Project, the leasing of the Property to Tenant, the construction of the Project and the Lease terms herein specified, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date, and supersedes any and all prior agreements or understandings whether written or oral. Any agreements or representations respecting the Property or the Project, their leasing to Tenant by Landlord, or any other matter discussed in this Lease not expressly set forth in this instrument are null and void, any and all amendments or modifications of this Lease shall be in writing and shall be dated and signed by the parties hereto and shall be subject to the provisions of Section 8.2 ( "No Modification of Lease or Termination of Lease Without Lender's Consent") hereof. Section 15.9 Time of Essence. Time is expressly declared to be the essence of this Lease. Section 15.10 Memorandum of Lease for Recording. Neither party, Landlord or Tenant, shall record this Lease without the written consent of the other. However, Landlord shall, at the request of Tenant, at any time during the term of this Lease, execute a memorandum or "short form" of this Lease for purposes of, and in a form suitable for, being recorded in the official records of Los Angeles County, California. In the event that there are any reasonable costs to Landlord for such recordation, Landlord shall be compensated by Tenant. The memorandum of "short form" of this Lease shall describe the parties, Landlord and Tenant, set forth a description of the Property, specify the term of this Lease, and shall incorporate this Lease by reference. The form of such Memorandum of Lease approved by the parties hereto is attached as Exhibit C hereto and incorporated by reference herein. Section 15.11 Gender, Single and Plural, Joint and Several. Whenever the context herein so requires, the masculine gender includes the feminine or neuter and the singular includes the plural. All obligations of the parties hereto, Landlord and Tenant, and their heirs, executors, administrator, successors and assigns, shall be joint and several. F: 1DOCUMEN'RKB\BALDWINIGRNDLSE.V4 042099 37 Section 15.12 Signs. Tenant and the Lenders will be entitled to place on the Property such advertising signs as any of them deem necessary or advantageous to their respective interests, provided that all such signs shall comply with all applicable laws and ordinances for the development and marketing of the Property. Section 15.13 Reasonable Consent. Wherever in this Lease, Landlord or Tenant is entitled to give its approval or consent, the same shall not be unreasonably withheld, except as otherwise expressly provided herein. Section 15.14 Quiet Possession. Tenant, upon payment of the Rent herein and upon observing and performing all the obligations to be performed by Tenant hereunder, shall and may peaceably and quietly have, hold and enjoy the Property and the Project, and the whole thereof, for the full term of this Lease, without hindrance or interruption by Landlord or any other person or persons lawfully claiming by, through, or under Landlord, except as herein expressly provided. Section 15.15 Estoppel Certificate. A party hereto ("Certifying Party") shall at any time upon no less than thirty (30) days' prior written notice from the other party ( "Requesting Party ") execute, acknowledge and deliver to the Requesting Party a statement in writing (i) certifying that this Lease is unmodified and in full force, or, if modified, stating the nature of such modifications and certifying that this Lease, as so modified, is in full force and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to the knowledge of the Certifying Party, any uncured defaults on the part of the Requesting Party hereunder, or specifying such defaults if any are claimed, and (iii) any other matters related to the status of this Lease as may be required by a Lender, prospective assignee, subtenant or purchaser. Any such statement may be conclusively relied upon by any prospective assignee, subtenant, purchaser or Lender of the interest of the Requesting Party. A Certifying Party's failure to deliver such statement within such time shall be conclusive upon the Certifying Party (i) that this Lease is in full force, without modification except as may be represented by the Requesting Party, (ii) that there are no uncured defaults in the Requesting Party's performance, and (iii) that not more than one month's Rent has been paid in advance. Section 15.16 Representations and "Warranties of Tenant and Landlord. Landlord and Tenant each hereby represents and warrants to the other that each has the full power and authority to enter into this Lease and that by entering into this Lease, it will not be in violation of any agreement, order, judgment, law, rule or regulation that applies to it. Section 15.17 Attornrnent. In the event that Tenant defaults under this Lease and fails to cure said default within the grace period provided for in Section 14.2 ( "Termination for Breach by Tenant"), Landlord may notify all subtenants of the default and said subtenants shall attorn to Landlord and perform all of Tenant's obligations under the Lease. As to each subtenant not in default at the time of notice, Landlord shall continue F: 1©OCUMEN- RKB\BAL©WINIGRNOLSE.V4 042099 38 to recognize the estate of each such subtenant. The sublease shall continue with the same force and effect as if Landlord and subtenant had entered into a lease with the same provisions as in the sublease. Section 15.18 Limit of Tenant's Liability. Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any partner nor Affiliate thereof shall have any personal liability under the terms of this Lease and Landlord agrees for itself and its successors and assigns to look solely to the Property, and after construction of the Project, to the Property and the Project for the satisfaction of any loss, damage or liability incurred by it caused by Tenant's default including but not limited to the payment of any Rents due under this Lease. Section 15.19 Limit of Landlord's Liability. The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners at the time in question of the fee of the Property and in the event of any transfer or transfers of the title to such fee Landlord herein named (and in case of any subsequent transfers or conveyances the then grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance from all obligations on the part of Landlord contained in this Lease to be performed thereafter, provided that any prepaid rent or trust funds in the hands of such Landlord or the then grantor at the time of such transfer, shall be transferred to the grantee or transferee, who shall expressly assume, subject to the limitations of this Section, all of the terms, covenants and conditions in this Lease contained on the part of Landlord thereafter to be performed, it being intended by this Section that the covenants and obligations contained in this Lease on the part of Landlord shall, subject to the provisions of this Section 15.19, be binding on Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership, provided that no transfer or conveyance shall relieve any assignor, grantor, transferor, or conveyancer of any liability accruing during the time that such party was the Landlord. Section 15.20 Sections. The references to Articles and Sections in this Lease shall mean the Articles and Sections of this Lease unless expressly stated to the contrary. The titles and headings of Articles and Sections of this Lease are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Lease. Section 15.21 Incorporation of Preamble and Exhibits. The preamble and exhibits hereto are hereby incorporated into this Agreement and made a part hereof. F:I DOCUMEN- nIK$ISALDWINIGRNDLSE.V4 042099 39 EXECUTED by the parties hereto as of this day of , 199_. LANDLORD: Baldwin Park Redevelopment Agency Name: Title: Address: f (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa With copy to: Kaufman and Broad Mufti- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4297 Attn: Michael A. Costa Exhibits A. Legal Description B. Preliminary Report C. Form of Memorandum of Lease F: EDOCUMEN"RKB\BALDWINtGRNDLSE.V4 042099 40 EXHIBIT A DESCRIPTION OF PROPERTY That certain real property in the City of Baldwin Park, County of Los Angeles, State of California described as follows: [See legal description attached hereto and incorporated by reference herein] F. \DOCUMEN- RKBIBALDWINIGRNDLSE.V4 042099 41 PRELIMINARY REPORT F:IDOCUMBN- RKB\BALDWINIGRNDLS! .V4 042099 42 [EXHIBIT C TO GROUND LEASE] Recording Requested By: When Recorded Mail To: MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is made as of the day of ,19 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called "Tenant "). 1. Landlord and Tenant have entered into that certain Ground Lease, dated 19 (herein called the "Lease "), by which Landlord agreed to lease to Tenant and Tenant agreed to lease from Landlord on the terms and conditions stated in the Lease, the land and premises (the "Property ") located in the City of Baldwin Park, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by reference. 2. The Lease provides fora term commencing on '191 and ending fifty -seven (57) years thereafter, unless sooner terminated as provided in the Lease. 3. The Lease provides that Tenant may use the Property during the term of the Lease for any lawful purpose, including construction and operation of an apartment project subject to the terms of that certain Disposition and Development Agreement entered into with respect to the Property by Landlord and Tenant. 4. The Lease is incorporated herein by reference and made a part hereof. 5. This Memorandum of Ground Lease is not intended to and does not modify, alter or amend any of the terms or conditions of the Lease, but rather serves as a written memorandum thereof for purposes of recordation. F: tDOCUMEN- RKB\BALDWINLGRNDLSE.V4 042099 43 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease as of the day, month and year first written hereinabove. LANDLORD: Baldwin Park Redevelopment Agency By: Name:_ Title: Address: XXX TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa With copy to: Kaufman and Broad Multi- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa F:IDOCUM1 NnKBIBALDWINIGRNDLSE.V4 042099 44 STATE OF ) ) ss COUNTY OF ) On this day of 19 , before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: STATE OF COUNTY OF ) ss } (Seal) On this day of 19 , before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (Seal) F: IDOCUMENT1KSISALDWINIGRNDLSE.V4 042099 45 EXHIBIT 2 PROJECT SITE [See description attached hereto] F -. \DOCUMENTIKBIBALDWINIDDA.V5 042999 1 zi L,�•�J KHLIt-rIHH L\ LIK:LIHL' a OtA p. n fi 19 1 15 a lu.r wW r .wr.7rr.w r.rnr<< a yawn wwr.� � nr w..ne n �r.rs �.+r.waw. • w�nr+w �w .wra .wrw w.�wn r«m..w�w.wi r.aW n+na n n r..r �n.i+�.ri raw w •w: n uru ^scow w �nnww.n•. a.w�.w,rew w.y o . . . . . . . . . z - h d C C '.3 30 w H r� U U Qy 6 i i �f & I I 5YN .... 7 -- r r Y -7 ]J JH ;' t ,. I 1" 8 COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 AGENDA JUN 16 1999 MAY 199 1999 7:00 P. �- :44 P, The Baldwin Park HOUSING AND FINANCING AUTHORITIES met in REGULAR SESSION at the above time and place. ROLL CALL: Present: Agency Members Ricardo Pacheco, Linda Gair, William "Bill" Van Cleave, and Director Manuel Lozano Also Present: David Olivas, City Attorney; James B. Hathaway, Finance Director; Richard A. LeGarra, Chief of Police; Ralph Nunez, Director of Recreation/Community Services; Steve Cervantes, Director of Community Development; Ana Montenegro, City Treasurer; Kathryn V. Tizcareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk CONSENT CALENDAR City Clerk Tizcareno presented the Consent Calendar as follows APPROVAL OF CERTIFICATE he Certificate of Posting for May 19,1999 was approved. OF POSTING APPROVAL OF MINUTES Minutes of April 21, 1999 were approved as presented. CONSENT CALENDAR motion was made to approve the Consent Calendar as APPROVAL presented. MOTION: Member Gair SECOND: Member Pacheco Motion Carried ADJOURN There being no further items to be discussed, the meeting adjourned at 8:52 p.m. Approved as presented by the Agency at their meeting held dune 16, 1999. City Clerk/Deputy JUN 16 199 �EM NO. ®` ���� CITY OF BALD WIN PARK - HOUSING A UTHORI T At HOUSING AUTHORITY TO: Housing Authority Board Members FROM: Steve Cervantes, Executive Director DATE: June 16, 1999 SUBJECT: Federal Preferences PURPOSE This report requests the Baldwin Park Housing Authority approval to change the preferences given under the assisted housing programs. BACKGROUND Pursuant to Federal regulations, at the inception of the Housing Authority, this Authority adopted the original guidelines of the U.S. Department of Housing and Urban Development (HUD) including the Federal preferences. Federal preferences give protective classes preference to others and allow people to move in front of nonprotective class on the waiting list. With the passage of The Quality Housing and Work Responsibility Act of 1998 (10/21198), the requirements of the Federal preferences were dropped. DISCUSSION While Federal preferences were dropped, the Authority still can adopt the preferences as local preferences. However, there is a catch 22, that is, under the Act, we must now income target to the very very low income. Since most protective classes fall under the very very low income criteria, there is no immediate need to adopt the preferences. On June 3, 1999, the matter was reviewed by the Housing Commission and they moved not to adopt the Federal preferences as local preferences, staff concurs. Additionally, the Housing Commissioners recommend establishing two local preferences: 1. Local displacees of government action to be given priority preference. 2. Residents of local Authority to be given preference over nonresidents. RECOMMENDATION Staff recommends adopting the recommendations of the Housing Commissioners and adopt the above two preferences as focal preferences. * aENr a U.S.flepartmenf of Housing and Urban Development b° Los Angeles Area Office, Pacific lawaii * 611 West Sixth Streat. Suite 800 it Loa Angetes, California 90017 G II April 28, 1999 MEMOR DUM FO : All PHA Executive Directors FRO ob W. 0' ok, Direc or, Office of Public Housing SUBJECT: Federal/Local Preferences It has come to our attention that some public housing authorities within our jurisdiction may not be aware of the repeal of the Federal preferences. The Federal preferences were first suspended in 1995 and permanently repealed by The Quality Housing and Work Responsibility Act of 1998. Under the repeal, Housing Authorities were given the option to either eliminate the Federal Preferences, or to establish them as local preferences. Housing Authorities that elected to establish them as local preferences are required to hold a public hearing and to inform the local HUD office of their election. Your administrative plan will also have to be revised. With the repeal of the Federal preferences, housing authorities are to no longer use them as Federal mandates, but instead, must inform HUD whether or not they intend to establish the Federal preferences as local ones. Please inform this office of your decision regarding the Federal/local preferences within 60 days of the date of this notification. We will expect to hear from your authority by close of business June 30, 1999. If you decide to establish the Federal preference as local preferences please provide this office with documentation of your public hearing, as well as your revised administrative plan. You do not need to revise your entire plan; you may submit an addendum pertaining to this section. If you have questions, please contact your assigned Public Housing Revitalization Specialist. ouSIN4 j`rrN c� , AGENDA JUN 16 1999 ; CITY OF BALDWIN PARK STAFF BALDW I N P I A, R v K TO: Housing Authority Board of Directors FROM: Steve A. Cervantes, &ctor of Community Development DATE: June 16, 1999 SUBJECT. Proposed Office Lease of 4141 forth Maine Avenue This report requests approval of the attached lease of the property at 4141 North Maine Avenue from Dr. Edward Hernandez for our Housing Division Staff. In January 1999, the City Council approved the sale of 4137- -4141 North Maine Avenue property to Dr. Edward Hernandez. The terms of the sale included the provision that the City /Housing Authority would lease the 4141 North Maine Avenue portion of the building. TERMS OF THE LEASE AGREEMENT • The City /Baldwin Park Housing Authority would lease the 4141 North Maine Avenue portion (3200 square feet) of the building for the Housing Division staff, for $.80 per square foot, or $2,560 per month. « The lease agreement would provide for a 3% increase in rent per year for a term of 5 years. ® The lease would further provide for two 5 -year options to renewal. The lease would become effective 30 days after the close of escrow. This represents a 30- day period free rent period. We expect to move in approximately 30 to 45 days. DISCUSSION The City entered into an agreement to buy -out the Chamber of Commerce Lease and an agreement to relocate the Historical Society from their existing location to the Serling Way property. The Historical Society Museum has been moved to the Sterling Way building and they are very happy. Now the Chamber of Commerce has completed the renovation of 1 their old building and moved in. When they vacate the 4141 North Maine Office space we will need to do some office improvements, provide phone lines, computer connections and provide the office furnishings which is a separate item on the agenda. FINANCIAL IMPACT The 4141 North Maine Avenue Lease will be paid using Housing Authority revenue. The Housing Authority currently administers approximately 850 units for the City of West Covina, Monrovia, El Monte, South El Monte and Baldwin Park. We receive ten percent of the Housing Subsidy provided. On average that ten- percent is $60 per unlit per month, representing approximately $600,000 per year. We would like to increase the number of units to 1,000. To increase this number we have discussed serving other adjacent cities. In addition, some of our existing Section 8 privately owned buildings like the Clark Terrace Senior Apartment Complex, and the G &K developments on Frazier Street and Ramona Boulevard will soon be converted to market rate rentals if the owner wishes to do this. When they are converted, HUD typically provides the existing tenants with Section 8 Certificates that we will administer. Over the past year we have picked up an additional 100 units in the cities of Monrovia and El Monte due to this conversion. The General fund will not be impacted. Staff recommends that the City Council approve the proposed Lease of 4141 North Maine Avenue property from Dr. Edward Hernandez for the terms outlined above and included in the attached agreement. If the City Council concurs with the proposed sale, the appropriate action would be; Motion to: "Approve the proposed Lease of 4141 North Maine Avenue from Dr. Edward Hernandez and approved the execution of all appropriate documentation in connection with the Lease." K LEASE AGREEMENT This Lease Agreement ( "Lease ") dated as of June 16, 1999 ( "Effective Date ") is entered into by and between Dr. Edward Hernandez, an individual ( "Landlord ") and the City of Baldwin Park, a body corporate and politic ( "Tenant "). Section 1. Premises. Landlord leases to Tenant and Tenant leases from Landlord approximately 3200 square feet of office space comprising part of a building ("Building") located at 4137- 4141 North Maine Avenue, Baldwin Park, California {the "Premises") as specifically designated on the budding layout map, attached hereto as Exhibit A, and incorporated herein by reference. Sections 2. Term and Option. The initial term of this Lease is for live (5) years ("Initial Term ") commencing from the date Landlord closes escrow on the Premises and delivers the Premises to Tenant ("Commencement Date ") and ending Eve (5) years from the Commencement Date. Tenant shall not be required to pay rent for the first Forty -five (45) days (" Rent - Free Period ") of the Initial. Term. Tenant shall be required to begin paying rent Forty -six (46) days following the Commencement Date. Either of the parties hereto may request the other to provide a Lease Commencement Memorandum memorializing the Commencement Date, the Rent -Free Period, and the termination date of the Initial Teri. Tenant shall have the option, but not the obligation, to renew the Lease for two (2) additional five (5) year terms (individually and collectively "Extension Terms) ") by giving Landlord written notification of its intention to renew at least thirty (30) days before the end of the Initial Term, or the first Extension Term, as the case may be. Tenant; at its sole discretion, may request a single five (5) year Extension Term at the end of the Initial Term, or request two (2) Extension Terms, for a total extension of ten (10) years, beginning at the end of the Initial Term. Landlord shall grant Tenant's request for an Extension Term provided that Tenant has substantially performed under this Lease. Section 3. Rental Terms. The monthly rent, for the ]Premises during the first twelve (12) month period of the Initial Term shall be TWO THOUSAND FIVE HUNDRED SIXTY AND 00/100 DOLLARS ($2560.00) per month, payable in advance to Landlord, on or before the first of the month at the address of Landlord stated in this Lease, or at another location Landlord may designate. On the first anniversary ("Anniversary") (twelve [12] months from the date of the Commencement Date) of the Lease, the monthly rent shall increase three percent (3 %) to TWO THOUSAND SIX HUNDRED THIRTY -SIX AND 80/1.00 DOLLARS ($2636.$0) per month, payable in advance to Landlord, on or before the first of the month at the address of Landlord stated in this Lease, or at another location Landlord may designate. On each subsequent Anniversary of the Commencement Date, throughout the Initial Term and any Extension Term, the monthly rent shall increase three percent (3 %) from the prior year's monthly rent. Monthly rent shall include any and all electricity, water, air - conditioning, and heating that Tenant reasonably requires, as well as all Building and Premises maintenance, and all landscaping around the Building. Tenant shall not be required to pay Landlord any security deposit for the Premises. Section 4. Use, The Premises are to be used for Tenant's Housing Division and any and all related administrative offices, and any and all incidental and related uses. Tenant shall not do or permit any act to be done that will increase the existing rate or cause cancellation of insurance on the Premises or will cause a substantial increase in. utility services normally supplied to the Premises. Tenant shall comply with all statutes, ordinances, regulations, and other requirements of all. governmental. entities that pertain to the occupancy or use of the Premises, and with all rules and regulations that are adopted by Landlord for the safety, care and cleanliness of the Premises and the preservation of good order on the Premises. These rules and regulations are expressly made a part of this Lease. Section 5. Alterations. Landlord and Tenant agree that the alterations described in the attached Exhibit B, incorporated herein by this reference, shall be completed prior to the Commencement Date at Landlord's sole and exclusive expense pursuant to the schedule set forth in Exhibit B. Except as described in Exhibit B. any alteration by Tenant to the Premises without the prior written consent of Landlord shall be a breach of this Lease and, at the option of Landlord, shall cause a termination of this Lease. Section 5. Possession. Any delay by Landlord in delivering possession of the Premises to Tenant shall postpone the commencement of `T'enant's obligation to pay rent, but shall not otherwise affect this Lease. Section 7. Insurance. Tenant is self-insured and shall not be required to purchase insurance for the Premises. Tenant shall be responsible for any damages to the Premises, or any invitees on the Premises, that are proximately caused by its own. negligence. Landlord shall be responsible for purchasing and maintaining casualty insurance covering the replacement value of the Premises. If the Premises are damaged or destroyed, Landlord shall first use any and all proceeds from any such casualty insurance to first rebuild the Premises and /or the Building, and any remainder to pay any mortgagee. 2 Section S. Default. Each of the following shall constitute an event of default ("Event of Default"') under this Lease: (a) If Tenant fails to make any payment required by the provisions of this Lease; when due; (b) If Tenant fails within thirty (30) days after written notice to correct any breach or default of the other covenants, terms, or conditions of this Lease; and (c) If Tenant vacates, abandons, or surrenders the premises prior to the end of the Term. Section 9. Remedies. Upon the occurrence of an Event of Default under this Lease by Tenant, Landlord is entitled at Landlord's option to the following: (a) to reenter and take exclusive possession of the Premises, after complying with those procedures set forth in Code of Civil procedure section 1161; (b) to continue this Lease in force or to terminate it at any tine; (c) to relet the Premises for any period on Tenant's account and at Tenant's expense, including real estate commissions actually paid, and to apply the proceeds received during the balance of Term to Tenant's continuing obligations under this Lease; (d) to recover from Tenant the damages described in Civil Code §1951.2(a)(1), 1951.2(a)(2), 1951.2(a)(3); and 1951.2(a)(4), the provisions of which are expressly made a part of this Lease; (e) to restore the Premises to the same condition as received by Tenant, or to alter the premises to make them suitable for reletting; and (f) to enforce by suit or otherwise all obligations of Tenant under this Lease and to recover from Tenant all remedies now or later allowed by law. Any act that Landlord is entitled to do in exercise of Landlord's rights upon an Event of default may be done at a time and in a manner deemed reasonable by Landlord in Landlord's sole discretion, and 'tenant irrevocably authorizes Landlord to act in all things done on Tenant's account. 3 Section 10. Maintenance and Repairs. Tenant acknowledges that the Premises are in good and safe condition and that no repairs are needed, except for those repairs identified in Exhibit 13, which Landlord will be required to make at his sole and exclusive expense. Tenant further agrees to maintain the Premises in good and safe condition, including all interior surfaces of walls, windows, plate glass, doors, and ceilings, and all fixtures or equipment installed by Tenant. Tenant promises to surrender the Premises at termination of this Lease in the same condition as received, except for normal wear and tear and except for changes authorized by Landlord. Tenant agrees to make no repairs at the expense of Landlord. Landlord hereby represents and warrants that the Premises comply with the Americans With Disabilities Act ( "ADA ") and that it shall indemnify and hold Tenant harmless from any, fines, penalties, costs and/or expenses incurred by Tenant in making repairs to ensure that the Premises comply with the ADA. Landlord further represents and warrants that no environmental hazard (as that term is defined in State and federal law) exists on the Premises and that it shall indemnify and hold Tenant harmless from damages it, or any of its officers, employees, agents or contractors suffer from any environmental hazard on the Premises. Section. 11. Estoppel Certificate. At any time within. ten (10) days after request by Landlord, Tenant shall execute, acknowledge, and deliver to Landlord, without charge, a written statement (" Statement") certifying that this Lease is unmodified and in full force, or if there have been modifications, that it is in full force as modified. The Statement shall also contain the Commencement Date, the dates to which the rent and any other charges have been paid in advance, and any other information Landlord reasonably requests. It is acknowledged by Tenant that any Statement Landlord requests, and Tenant delivers, will be relied upon by Landlord and by prospective purchasers, mortgagees, deed of trust beneficiaries, and assignees. Landlord also agrees that within ten (10) days after request by Tenant, he shall deliver to Tenant a Statement if Tenant requests such Statement in connection with, but not limited to, an accounting or loan on Tenant's leasehold interest created by this Lease. Section 12. Severability. The invalidity of any portion of this Lease shall not affect the remainder, and any invalid portion shall be deemed rewritten to snake it valid so as to carry out as near as possible the expressed intention of the parties. Section 13. Assignment or Subletting. Tenant shall not assign or sublet any portion of the Premises, whether by operation of Iaw or otherwise, without Landlord's prior written consent, which consent shall not be unreasonably withheld. If Tenant makes a written request for a sublease or 4 assignment of its interest in the Lease, Landlord shall either grant or deny such request within thirty (3 0) days of Tenant making such request. Section 14. Entry. Landlord reserves the right to enter the Premises, at any reasonable times, and after giving Tenant written notice of same, to carry out any reasonable building .management or business purpose in or about the Premises and /or Building. Landlord shall make every reasonable effort to refrain from disrupting Tenant's operation on the Premises during any such entry. If such entry unreasonably disrupts Tenant's use of the Premises, then Tenant shall be entitled to rent abatement. Section 15. Signs. Tenant shall be allowed to put the signs identified in Exhibit B on the Building and in the Premises. Tenant shall not place or permit to be placed in, upon, about, or outside the Building or the Premises any sign, notice, drapes, shutters, blinds, or display of any kind, without the prior written consent of Landlord. Section 16. Destruction and Condemnation. (a) If the Premises are damaged to an extent that requires Tenant to vacate any part of the Premises, or unreasonably interferes with Tenant's use and enjoyment of the Premises, and such damage cannot be lawfully repaired within sixty (60) days after the date of damage, this Lease may be terminated by written notice of either party. If the Premises can be repaired within the sixty (60) day period, or if this Lease is not terminated in accordance with this provision, Landlord shall proceed with repairs as necessary, subject to a proportionate reduction in the rent, based on the extent to which the damage and repairs shall interfere with the business of Tenant on the Premises. (b) If all or any portion of the Premises are condemned or are transferred in lieu of condemnation, Landlord or Tenant may, upon written notice given within sixty (60) days after the taking or transfer, terminate this Lease. Tenant shall be entitled to share in any portion of Landlord's condemnation award, as determined by the parties hereto after good faith negotiations. Tenant shall also have the right to claim and recover, from the condemning authority and /or Landlord, any amounts necessary to reimburse Tenant for the cost of removing stock and fixtures. Section 18, Indemnity. Tenant agrees to indemnify, hold harmless, and defend Landlord from all claims and liability of every kind, including court costs and attorney fees, arising from any damages to any third party caused by any dangerous condition it created, or allowed to be created, on the Premises, or from its, or its officers', agents', employees', or contractors' negligence. Tenant shall not be required to indemnify Landlord from claims and liability, 5 including court costs and attorney fees, for any dangerous condition that Landlord created, or allowed to be created, on the Premises and /or the Building, or for negligence and /or willful misconduct of Landlord or Landlord's officers, agents, employees or contractors. Landlord agrees to indemnify, hold harmless, and defend Tenant from all claims and liability of every kind, including court costs and attorney fees, arising from any damages to any third party caused by any dangerous condition Landlord created, or allowed to be created, on the Premises, or from Landlord's, or its officers', agents', employees', or contractors' negligence. Section 19. Landlord's- Right to Perform for Tenant. If Tenant fails to perform any obligation under this Lease, Landlord shall be entitled to snake reasonable expenditures to cause proper performance on Tenant's behalf and at Tenant's expense, and Tenant promises to reimburse Landlord for any such reasonable expenditures within ten (10) days after written notice from Landlord requesting reimbursement. Section 20. Notices. Any notice under this Lease shall be given by mailing the notice, postage prepaid, by certified mail, return receipt requested, to Tenant at the Premises or any other address set forth adjacent to Tenant's signature below and to Landlord at the address set forth adjacent to Landlord's signature below, or to any other place designated in writing by the parties. Section 21. Attorney Fees. In any action or proceeding by either party to enforce this Lease or any provision of this Lease, the prevailing party shall be entitled to recover reasonable attorney fees and all. other costs incurred. Section 22. Legal Effect. All obligations of Tenant are expressly made conditions of this Lease, any breach of which shall, at the option of Landlord, terminate this Lease. Section 23. Titles. The titles or headings to paragraphs shall have no effect on interpretation of provisions. Section 24. Successors. The provisions of this Lease shall apply to and bind the heirs, successors, and assigns of the parties. 6 Section 25. Waiver. The failure of Landlord to enforce a provision of this Lease shall not be deemed a waiver for any purpose. Section 26. Janitorial Services. Tenant shall be responsible for janitorial service within the rented space, including payment for the j anitorial service. Section 27. Entire Agreement. This Lease, together with each attached Exhibit, shall constitute the entire agreement of the parties, and may be modified only by a writing signed by the parties. Lease. Section 28. Time of the Essence. Time is of the essence in the performance of Tenant's obligations under this Section 29. Subordination. This Lease, at Landlord's option., shall. be subordinate to the lien of any first deed of trust or .first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions; provided, however, that as to the lien of any deed of trust or mortgagee, `T'enant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the rent and observes and performs all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, tnistee, or ground lessor elects to have this Lease prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this Lease shall be deemed prior to that mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of that mortgage, deed of trust, or ground lease or the date of recording. Section 30. Governing Law, Forum and Approvals. This Lease shall be governed by and construed in accordance with California law. The courts of Los Angeles County shall have sole and exclusive jurisdiction over any lawsuit or legal proceedings arising from this I.,ease. Landlord understands and agrees that approval by Tenant's City Council is a condition precedent to this Lease taping effect, and that the City Council's decision to decline to enter into and execute this Lease 7 shall not constitute a breach hereof, nor shall it give rise to any liability on the part of 'Tenant. The parties have agreed and entered into this Lease on the Effective Date set forth above. DR. EDWARD HERNANDEZ CITE' OF BALDWIN PARK, a body corporate and politic By: Dr, Edward Hernandez fly: ATTEST: City Cleric APPROVED AS TO FORM: David J. ®livas, City Attorney 8 EXHIBIT A BUILDING LAYOUT MAP 4141 MAINE AVENUE CHA14BER OFFICES whnr y ~w � �w�ii1 F�cYw.t.F frrs� N01 car m4cLu+C {i•r�nt�n.f Pre+K FJ;OS2l y� �CYNYI tJAio+�R b—�46 erorK� aoo..G �► . n - 1 .1 - +..R -dry. i. i�� 7 E74i4ra PREMISES ALTERATIONS Landlord shall undertake and complete the following alterations to the Premises prior to the Commencement late: Replace all. carpeting in the Premises with a new comparable commercial grade whose carpeting and installation. 2. Paint all interior walls a standard off-white color Erect a sign on the Premises in substantial compliance with the design specifications required by city. 10 ipkCITY OF BALDWIN PARK BALDWIN TO: FROM: DATE: SUBJECT: J+Od lt1t6; 9 Fi NA14 to j "v�-y Ar k.[ STAFF Housing Authority Boarirectors Steve A. Cervantes, Director of Community Development June 16, 1999 Proposed Office Improvements 4141 North Maine Avenue This report requests approval of required office improvement needs to accommodate the Housing Division move to the subject property. To accommodate the move to the 4141 North Maine Avenue location we will need some computer voice and data system, office furniture, signage, and some minor office remodeling to control access and some basic security systems. DISCUSSION Mr. Mimura has received some competitive proposals from several venders to minimize the cost. The attached Memorandum reflects the anticipated costs of the office Modular units, furniture and a shelf type filing system. These costs total $27,900. The signage and minor repairs are estimated at $2,100. Mr. John Yeung and Mr. James Hathaway have received competitive proposals on the computer voice and data system. They have specific hard and software needs that are compatible with our existing system that we make a one -time purchase and we own the system, which pays for itself in the first year. The estimated system would be paid our of the Information System current budget which is estimated at $23,000. This cost includes the computer voice data system estimated at $14,900, cable and electrical service at approximately $1000 and recurring cost of T -1 connection of $540 per month. FINANCIAL IMPACT The office remodel will be paid using Housing Authority revenue. The Housing Authority currently administers approximately 350 units for the City of West Covina, 1 Monrovia, El Monte, South El Monte and Baldwin Park. We receive ten percent of the Housing Subsidy provided. On average that ten- percent is $60 per unit per month, representing approximately $600,000 per year. The General fund will not be impacted. RECOMMENDATION Staff recommends that the City /Housing Authority Board of Directors approve the office remodel and furnishing costs of $30,000. And authorize the purchase of the Computer system costs of $23,000 from the Information's System Budget. Motion to: "Approve the remodel and furnishing costs of $30,000 for the Housing Division Office Relocation and authorize the Computer System equipment purchase of $23,000,' 2 CITY OF BALDWIN PARK MEMORANDUM BALDWIN P A, R, K TO: Steve Cervantes, Director of Community Development FROM: Tad Mimura, Housing Manager DATE: June 8, 1999 SUBJECT: PHA Moving Cost Per your request, here the projected cast of moving the Housing Division to the anticipated new location. 1. Modular Office Units (9) - $16,000 2. Office Furniture (1 unit) - 2,000 3. Stacking Chairs (30) - 2,400 4. Desk Chairs (10) - 3,500 5. Conference Table - 500 6. Open File System (10) - 3.500 Total $27,900 The above cost does not include the following: 1. Voice and Data System 2. Sign 3. Painting 4. Minor Repairs 5. Filing Cabinets (we will take the existing cabinets) ST 4141 FIC MA INE A(ES E CHMBER CFFI It C� ivr M YY �9� bf+ck.l a a.d4 A[LMQ -E (' • f..ty pr .t .rw,ti a#Y. iwr€ pp� Gto.ot ray � i � Ka�lrct+n � T��� f �rrlrnn� 01 i L .... E�. y Fool WALL • tk.':;.,•3 :.<•r#c.v. �_ fax- a..x, ,,�; \ clY COMMERCIAL BUILDIN� 4 rl, 76 41 . � &n TO: FROM: DATE: SUBJECT: CITY OF BALMM PA,IM Mayor and City Council John Yeung IS Supervisor June 7, 1999 7; �Cv SrAFF BEPORT Voice and Data Connection for Housing Department PURPOSE Provide Housing department a voice and data connection between City Hall and their new location. BACKGROUND Housing department is scheduled to move to a new location. We need to provide them voice and data services. In order to provide these services, IS department has been looking into difference'ways to setup voice and data connection. The communication system for the small office needs to provide high -speed access to key information: Internet contents communicate with HUD, client records, vendor accounts payable and financial information. It must also be able to handle citizen calls professionally, respond to citizen requests quickly. And it should maintain a corporate - caliber image when communicating with City Hall, clients, property owners and other agencies. The communications infrastructure needs to be easy to use and manage. And finally, it must be accessible remotely. InstantOffice Base Platform 12 Ethernet Ports 12 stations, 6 POTS lines 6 Trunk Card Voice Mail, Auto - attendant Router, RAS, DNS, DHCP Power Supply, 6GB Hard Disk 10 Phones $12,639.40 Mitel PBX SX -200 ML 12 Digital Line 12 Analog Line 6 Trunk Card Paging, T1 Card Power Supply, 10 Phones $10,150.00 Data Connections DSU, Router 12 Port Switch $4,500.00 $14,650.00 RECOMMENDATION Information Systems staff recommends InstantOffice by Vertical Networks. We have verified all the references. The InstantOffice solution is a single system integrating PBX, LAN hub, router, and a suite of communications applications that includes voice mail, automated attendant, remote management tools, and high -speed Internet access. It is scalable, open, and easy to use. The system comes with six trunks, twelve voice connections and twelve data connections. The total of the system included telephones, sale tax and installation is $14,982.15.