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HomeMy WebLinkAbout2010 11 17NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, NOVEMBER 17, 2010 at 6:00 P.M. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: November 10, 2010 AFFIDAVIT OF POSTING 114 4 14 Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on November 10, 2010. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSIO SPECIAL MEETING November 17, 6:00 P.M. 2010 j CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWI N P- A- RT K Manuel Lozano - Mayor /Chair Ricardo Pacheco - Mayor Pro TemNice Chair Marlen Garcia - Council Member /Member Monica Garcia - Council Member /Member Susan Rubio - Council Member /Member Please note meeting location PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:OOP.M. CALL TO ORDER ROLL CALL: Councilmembers /Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tem/Vice Chair Ricardo Pacheco and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437 - 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -063 J &J Warehouse Co. / Newman Tek Capital N/A 8437 - 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004 -068 Bank of America 14401 Ramona 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: Patricia Tapia v. City of Baldwin Park Case No.: KC 054819 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. October 28, 2010. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto _ baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING November 17, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWI N P- A- R- K Manuel Lozano - Mayor Ricardo Pacheco Marlen Garcia Monica Garcia Susan Rubio - Mayor Pro Tern - Council Member - Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEET /NO IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition of the 2010 Senior Prom King Joe Orozco and Queen Esperanza B. Herrera • Recognition of BPACE honorees by the California Council for Adult Education Jeff Palmer; Denise Tornatore; Rachel Ramons and Ana M. Rubalcava PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en alg(in asunto a menos que sea incluido en la agenda, o a menos que exista alg(Ina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF NOVEMBER 17, 2010 THROUGH NOVEMBER 30, 2010 Staff recommends City Council approve the preparation and presentation of the proclamations, plaques and certificates as outlined in the staff report. City Council Agenda — November 17, 2010 Page 2 3. MINUTES Staff recommends City Council approve the minutes of the November 3, 2010 meetings (special and regular) and the November 8, 2010 meeting (special.) 4. 2ND READING OF ORDINANCE 1338 ADOPTING 2010 CALIFORNIA BUILDING CODE (CBC,) 2010 CALIFORNIA GREEN BUILDING CODE, AND 2009 INTERNATIONAL BUILDING CODE (IBC) Staff recommends City Council waive further reading, read by title only and adopt on second reading Ordinance No. 1338 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THEIR ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE; 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 - 112.2.57 A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 - 103.1.2.27 A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NOW RESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE." 5. DESIGNATION OF THE BALDWIN PARK PLANNING COMMISSION AS THE BODY TO DETERMINE IF THE PUBLIC CONVENIENCE AND NECESSITY IS WARRANTED FOR THE ISSUANCE OF DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) ON AND OFF -SITE LICENSES IN OVER - CONCENTRATED CENSUS TRACTS AS DETERMINED BY ABC IN CONJUNCTION WITH THE CONDITIONAL USE PERMIT PROCESS Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DESIGNATING THE BALDWIN PARK PLANNING COMMISSION AS THE BODY TO DETERMINE IF THE PUBLIC CONVENIENCE AND NECESSITY WILL WARRANT THE ISSUANCE OF A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE IN AN OVER - CONCENTRATED CENSUS TRACT." 6. RESOLUTION IN SUPPORT OF "BUSINESS- FRIENDLY PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -051 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA, IN SUPPORT OF BUSINESS - FRIENDLY PRINCIPLES AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY." City Council Agenda — November 17, 2010 Page 3 7. ACQUISITION OF A PORTION OF VERIZON PROPERTY Staff recommends City Council 1) approve the Purchase Agreement with Verizon; 2) authorize the Chief Executive Officer to execute the Agreement; and 3) appropriate $609,252 from Prop C Fund in FY 2010 -2011 budget. 8. AUTHORIZE ADDITIONAL WORK ON THE RAMONA B PROJECT BY THE CONSTRUCTION CONTRACTOR, PAVEWEST CONTRACTING COMPANY, UNDER THE EXISTING CONTRACT AT NO ADDITIONAL COST TO THE CITY, AND AUTHORIZE ADDITIONAL COMPENSATION TO DEL TERRA TO EXPAND CONSTRUCTION MANAGEMENT FOR THE ADDED CONSTRUCTION NOT TO EXCEED $16,800 Staff recommends City Council authorize staff to direct the Ramona B Construction Contractor to proceed with improvements on Ramona Boulevard and authorize the Chief Executive Officer to approve a Construction Management Contract to oversee the added improvement in an amount not to exceed $16,800. 9. APPROVE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT Staff recommends City Council approve the specifications and authorize staff to solicit bids. REPORTS OF OFFICERS 10. ADOPTION OF RESOLUTION 2010 -050 CASTING THE CITY'S VOTES FOR THE REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Staff recommends City Council determine which candidate they wish to cast their votes for and waive further reading, read by title only and adopt Resolution No. 2010 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES FOR TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY." 11. ROYAL COACHES FRANCHISE AGREEMENT (Continued from November3, 2010) It is recommended that City Council provide necessary direction to staff. 12. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from November 3, 2010) Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2010 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 307 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 307 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011." City Council Agenda — November 17, 2010 Page 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Pacheco for discussion on the following: Request for discussion and direction to staff to submit an application to the Urban Land Institute (ULI) LA Transit Oriented Development Technical Assistance Panel (TAP) for a Transit Oriented Development Project in the City's downtown. The Technical Assistance Panel(TAP) will provide support and advisory assistance to key transit stations selected. Estimated cost of the project is $50,000 with a $10,000 commitment from the selected agency. Request by Council Member Monica Garcia for discussion on the following: Request for discussion and direction to staff to submit an application to the Urban Land Institute (ULI) LA Transit Oriented Development Technical Assistance Panel (TAP) for a Transit Oriented Development Project in the City's downtown. The Technical Assistance Panel (TAP) will provide support and advisory assistance to key transit stations selected. Estimated cost of the project is $50,000 with a $10,000 commitment from the selected agency. ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10t "day of November 2010. Laura M. Nieto, CIVIC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e-mail at Inietop_baldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — November 17, 2010 Page 5 11 BALDWIN P,A•R,K TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF R&%R'17 f ITEM N0: Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director November 17, 2010 Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 192856 - 192911 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 211313 -- 211575 for the period of October 17, 2010 through October 30, 2010 inclusive, have been presented and hereby ratified, in the amount of $380,703.36. General Warrants, including check numbers 182911 to 183069 inclusive, in the total amount of $633,046.68 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. 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. 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N V} ri V} H V} H Vs m W wH i co grro COQ V?m U `Si t H r ri V t � O 1 r I 1 i r O] O1 O H N m t}` M co m W t to to M ID b to l0 b w w W b b O O O O O O O O O O O 0 O W I W m M m M m M m M m m m M U r4 m m m m m co co ao co m m W U i ri ri ri ri ri r-I H r-i H ri H H ri V � i I O 1 rI H ri ri ri H rl H H a R' PO a m b q+ M b H Q H tl- b H M U U H H W O E1 CITY OF BALDWIN PARK STAF1fflWffl8WM AGENDA F ,, BALDWIN P�A - R�K TO: Honorable Mayor & Members of thnCiCounc kil FROM: Vijay Singhal, Chief Executive Offi DATE: November 17, 2010 NOV 17 ITEM N0. *L- SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of November 17, 2010 — November 30, 2010 PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP The following emergency requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Tire /Date /Place of Date Needed Requested By Gist of Honorees Presentation Mayor Lozano Community Baptist Church 7:00pm /November 3` Plaque of West Covina -- Pastor Council Chambers 11 -03 -10 Moses Cooper Jr. Mayor Lozano BPACE Recipients for their 7:00pm /November 3� Certificates participation & contribution Council Chambers 11 -03 -10 to Adult Education Baldwin Park Senior Prom King & Queen 7:00pm /November 17 1h Plaque Senior Center Joe Orozco & Esperanza Council Chambers 11-17-10 B. Herrera Department of Swim Team — End of the 5:30pm /Nobember 19 Certificates Parks & Season Potluck Senior Center 11- 19-10 Recreation RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY COUNCIL AGENDA MINUTES NOV JL CITY OF BALDWIN PARK ��,ibtiy,, WEDNESDAY, NOVWUR.. _ CITY COUNCIL & COMMUNITY �` r,� { ;� 43, 20'10 DEVELOPMENT COMMISSION - x_ 6:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tern 1 Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member / Member Marlon Garcia, Council Member 1 Member Monica Garcia, Council Member 1 Member Rubio, Mayor 1 Chair Lozano. Absent: Mayor Pro Tom / Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437- 004 -059 Henry H. and Kao Chang 4212 Maine 8437 - 004 -060 J &J Warehouse Co. / Newman Tek Capital 14417 Ramona 8437 -004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. l Newman Tek Capital NIA 8437 - 004 -064 J &J Warehouse Co. 1 Newman Tek Capital 14467 Ramona 8437 -004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 -004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004068 Bank of America 14401 Ramona Price and terms of payment 8437- 004069 J &J Warehouse Co. f Newman Tek Capital 4124 Maine 8437004070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554001 -806 N/A 8554 - 001 -807 N/A 8554 -001 -808 14436 Ramona Blvd. 8554 -001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION The Council / Commission reconvened in open session with Council Member / Members Marlen Garcia, Monica Garcia, Rubio and Mayor/ Chair Lozano present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 P.M, Approved as presented by the Council 1 Commission at their meeting held November 17, 2010. Laura M. Nieto, CMC Deputy City Clerk MINUTES CITY OF BALDWIN PARK , WEDNESDAY, NOVEMBER CITY COUNCIL f apt 8_ 03, 2010 7:00 p.m. COUNCIL CHAMBERS ' 14403 E, Pacific Avenue Baldwin Park Manuel Lozano, MayorlChair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson PLEDGE OF ALLEGIANCE ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Rubio, Mayor Pro Tom Pacheco, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. ANNOUNCEMENTS Mayor Lozano adjourned in memory of Yolanda Garcia, Jesus "Jesse" Martinez and Angie Garza Council Member Marlen Garcia wished to extend condolences to San Gabriel Council Member David Gutierrez on the passing of his father Council Member Rubio wished to extend condolences to Senator Jenny Oropeza and requested that a plaque be prepared and presented to her family Mayor Pro Tern Pacheco congratulated the winners of the recent election and spoke about the propositions that had been voted on Council Member Monica Garcia wished to close in memory of the brother -in -law of David Minarez and staff was directed to send a scroll and letter of condolence PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Plaque presentation to Moses Cooper, Pastor of new church in Baldwin Park Mayor Lozano, joined by the City Council, Clerk and Treasurer presented Pastor Cooper with a city plaque and welcomed his congregation to the community Recognition of Maria De Los Angeles Hernandez for her heroic actions in assisting Clint & Betty Nixon Mayor Lozano introduced the Nixon's and BPUSD Board Member Jack White, who provided background on the incident that had occurred at the Nixon's residence Mayor Lozano, joined by the Council, Clerk and Treasurer presented a plaque to Ms. Hernandez and announced that her picture and story would be in the NOW and her name would be placed on the marquee at Morgan Park PUBLIC COMMUNICATIONS Mayor Lozano recognized Ana Ruvalcaba, President at the Baldwin Park Adult School and said that they would be recognized at the next Council meeting. He apologized for the oversight on the evening's presentation Monica Alber, business owner inquired about the report from closed session and what projects were being considered or proposed James Hunley, displayed pictures of items that he alleged were removed from impounded vehicles at Royal Coaches Mary Heiss, resident thanked the Council for recognizing her daughter Yolanda Garcia Greg Tuttle, business owner shared photographs of vehicles that he alleged were leaving the Royal Coaches lot illegally and referred to an email from Chief Hadsell that he provided to the Council. He spoke about checkpoints and proposed re- zoning Cecilia Lee, business owner spoke about the merchandise allegedly removed from vehicles at Royal Coaches and allegedly sold at a restaurant Ana Ruvalcaba from BPACE presented Mayor Lozano with a recognition for his support of Adult Education. They agreed to defer the presentation to the next meeting John Rios, resident said that he went to a school board meeting and brought up several issues related to traffic concerns around schools Margarita Vargas, resident expressed her concern about the parking conditions at Kaiser. She asked if the City could paint lines for parking spots William Salazar, Royal Coaches owner addressed allegations made by speakers Hunley and Tuttle. He made it clear that there were items that had come out of impounded vehicles that had been abandoned by their owners and had cleared lien - they were not stolen property. He also said that of all of the investigations that had been conducted have not found any wrongdoing. He stated his company's commitment to the community Magda Torrellas, resident spoke about the situation with Royal Coaches. She also announced the upcoming Veterans Day events and encouraged the community and the youth to attend Phil Correa, resident spoke about his background and pride in his community. He spoke about the WPA (Workers Program Act) whose main pupose was to get people back on their feet through beautification of their communities Public Communications were closed at 7:50 p.m. Mayor Lozano addressed comments made by speaker Hunley, who was not a Baldwin Park resident. He said that the residents know that the City is doing its best considering the times. Mayor Lozano stood by the comments he made to the Tribune regarding this individual. He then addressed comments made by speaker Tuttle, who was also not a Baldwin Park resident. He spoke about his candidacy for Mayor and that he was not a resident of the City when he ran for office. He alleged that he falsified documents related to his candidacy. Mayor Lozano continued that America was a diverse country. He stated that everyone had a choice to be in the City of Baldwin Park and did not understand the ill feelings that this individual had for the community. He said that for the certain group of individuals who had created animosity in the community, that they could leave if they wanted. He asked where their investment to the community was. He expressed his respect for these people but said that they did not respect the Council. He asked that speaker Tuttle apologize for the comments he directed to CEO Singhal and the Baldwin Park Police Department. The Police Department belonged to the residents Council Member Rubio said that she wanted to rely on facts when it came to the allegations made regarding stolen property. She reported that she checked with Chief Hadsell to see if there were any reports of stolen merchandise. She was told that there were no complaints or reports filed at the time and that Chief Hadsell would be taking the complaint to the District Attorney and would report on the matter at a future meeting. Mayor Lozano shared that speaker Tuttle had previously reported him the District Attorney and that after an investigation, there was no wrongdoing found. Council Member Monica Garcia announced that the City had received $450,000 worth of grant funds for the Safe Routes to School program. She acknowledged Director Galvez and his staff for their efforts and requested that a presentation be done so that the community could get a better sense of how the funding would be used. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Councilmember Marlen Garcia, seconded by Mayor Pro Tem Pacheco. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF NOVEMBER 3, 2010 TO NOVEMBER 16, 2010 City Council approved the preparation and presentation of the certificates, plaques and proclamations as outlined in the staff report. 3. MINUTES City Council approved the minutes of the October 20, 2010 meetings (special and regular). 4. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES City Council approved entering into a sixty (60) month lease agreement with Advanced Office Services for the leasing of two copy machines. 5.2ND READING OF ORDINANCE NO. 1336 City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1336 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 153,565 THROUGH 153.575 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION; LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 168." 6. AUTHORIZATION TO PROCEED WITH RFP FOR DESIGN 1 BUILD SERVICES FOR SOLAR INSTALLATION AT MORGAN PARK City Council authorized staff to advertise the Request for Proposals for Design 1 Build Services for the proposed solar photovoltaic system installation project at the Morgan Park Community Center funded using Energy Efficiency and Conservation Block Grants (EECBG.) 7. AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK NOW City Council 1) authorized the Director of Recreation and Community Services to proceed with advertisement of a Request for Proposals for the printing of the Baldwin Park NOW; or 2) provided alternative direction for selection process. 8. FISCAL YEAR 2009/2010 PRELIMINARY YEAR END FINANCIAL UPDATE City Council received and filed. 9. MONTHLY FINANCIAL REPORT - SEPTEMBER 2010 City Council received and filed. 10. ARROW HIGHWAY CORRIDOR PLANNING EFFORTS City Council 1) directed staff to continue to work with the San Gabriel Valley Council of Governments (SGVCOG) on "next steps" in the planning process. NOTE: Council direction to continue towork with the SGVCOG does not commit the City to any conclusion. The city can terminate participation during the process should it be determined by the City Council that the process is not in the best interests of the City. REPORTS OF OFFICERS 11. ORDINANCE ADOPTING 2010 CALIFORNIA BUILDING CODE (CBC); 2010 CALIFORNIA GREEN BUILDING CODE; 2010 CALIFORNIA PLUMBING CODE; 2010 CALIFORNIA MECHANICAL CODE; 2010 CALIFORNIA ELECTRICAL CODE; 2010 CALIFORNIA ENERGY CODE; 2010 CALIFORNIA FIRE CODE; AND 2009 INTERNATIONAL BUILDING CODE (IBC) Building Official Logan presented the report to the Council Council Member Monica Garcia expressed her excitement that they were bringing forward a Green building code and that the new changes will promote environmentally responsible development, to include water conservation and energy conservation. She thanked staff for bringing it to the attention of the Council Motion: Waive further reading, read by title only and introduce for first reading Ordinance No. 1338 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THEIR ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE; 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 - 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 103.122, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NON - RESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE." Moved by Councilmember Monica Garcia, seconded by Councilmember Rubio. 12. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from October 20, 2010) This item was continued to November 17, 2010. 13. *REVIEW OF FRANCHISE AGREEMENT WITH ROYAL COACHES (Added Friday, October 29, 2010 @ 1:30 p.m.) This item was continued to November 17, 2010 CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS * Request from Council Member Monica Garcia for discussion on the following: Request that the city -wide emergency plan be presented to council at a regularly scheduled council meeting in the near future. Council Member Monica Garcia was glad to hear that the Police Department had been working on this plan and asked that they provide a presentation to the Council * Request by Council Member Rubio for discussion on the following: - Request for discussion to place a commemorative plaque in honor of the City of Baldwin Park's endeavor to become a Tree City USA and the recent tree planting event Council Member Rubio spoke about the recent tree planting and the improvements being made in the community. She wanted to commemorate the day that the endeavor started since the trees would mature in 30 years - Request for discussion of a tribute plaque in memory of California State Senator of the 28th District, Jennifer Ann Oropeza (9127157 - 10120110) to be presented to her husband, Tom Mullins and family Council Member Rubio wanted to have a plaque prepared to be presented to the family of Senator Oropeza. There were no objections Mayor Pro Tern Pacheco read an excerpt from a report prepared by Chief Hadsell on the Family Impact Unit. He requested that the Family Impact Unit, the families it had assisted, Dr. Sherry Rostami of the Centro de Salud and Wal- Mart representatives be invited to an upcoming City Council meeting so that they could be recognized Council Member Marlon Garcia expressed her gratitude to the Department of Recreation & Community Services for all of the recent community events that took place She also spoke about a program being offered to Los Angeles County residents that provided shredding services to help prevent identity theft and possibly bringing something similar to Baldwin Park Mayor Pro Tern Pacheco announced the upcoming parade and Veterans Day event and encouraged the community to attend Council Member Marlon Garcia congratulated candidate Al Contreras on his re- election to the Upper San Gabriel Valley Municipal Water District and complimented the agency on its electronic newsletter which she had begun receiving Mayor Lozano apologized and said that when people came up and made false allegations against the City, he had to respond and possibly tone his comments down. He said that there is a lot of pride in the community depsite stereotypes made by certain individuals. He also said that very little respect was shown for the community in that certain comments were made in the presence of children Mayor Pro Tom Pacheco also announced the Dia de Ins Muertos exhibit at the ARC and the Halloween Fest. Council Member Rubio congratulated all of the incoming and re- elected officials ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Yolanda Garcia, Jesus "Jesse" Martinez, Angie Garza, and Senator Jenny Oropeza at 8:16 p.m. Approved as presented by the Council at their meeting held November 17, 2010. Laura M. Nieto, CMC Deputy City Clerk MINUTES CITY OF BALDWIN PARK , BALI, -; NOVEMBER 0 O, CITY COUNCIL & COMMUNITY`` apt. ar��y 2010 DEVELOPMENT COMMISSION v �: 6.00 p.m. City Hall - Room .F; 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tem / Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alelandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member/ Member Marlen Garcia, Council Member/ Member Monica Garcia, Council Member/ Member Rubio, Mayor Pro Tern 1 Vice Char Pacheco, Mayor / Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, Community Development Manager Castagnola, Finance Director Quijano, Human Resources Manager Lara. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §64957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 -004 -059 Henry H. and Kao Chang 4212 Maine 8437- 004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004 -063 J &J Warehouse Co. I Newman Tek Capital NIA 8437 - 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 -004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 - 004068 Bank of America 14401 Ramona 8437 - 004069 J &J Warehouse Co. 1 Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions RECONVENE IN OPEN SESSION Reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:15 P.m. Approved as presented by the Council / Commission at their meetings held November 17, 2010. Laura M. Nieto, CMC Deputy City Clerk CITY COUNCIL AGENDA F a rA' N 0 V -"% 7 ITEM N0. BALDWIN CITY OF BALDWIN PARK STAFF REPORT P -A,R,K TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Mana s DATE: November 17, 2010 SUBJECT: SECOND READING OF ORDINANCE 1338 ADOPTING 2010 CALIFORNIA BUILDING CODE (CBC,) 2010 CALIFORNIA GREEN BUILDING CODE, AND 2009 INTERNATIONAL BUILDING CODE (IBC) This report requests that the City Council adopt the 2010 California Building Code (CBC), with local amendment, 2010 California Green Building Code, and 2009 International Building Code (IBC). BACKGROUNDIDISCUSSION This ordinance was introduced at the City Council meeting on November 3, 2010 for first reading, and at that meeting Ordinance 1338 was approved by the City Council. The 2010 CBC, which is the state amended 2009 IBC, provides the latest building standards used Statewide. Each California City is required to adopt the 2010 CBC to become effective on January 1, 2011. RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1338 on second reading, read by title only and waive any further reading thereof. ATTACHMENT • Ordinance No. 1338 REPORT PREPARED BY: Gene Logan, Building Official.? ORDINANCE NO. 1338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING PARTS 1 THROUGH 19 OF CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE IN THERE ENTIRETY TO ADOPT BY REFERENCE, AS AMENDED HEREIN,: INTERNATIONAL BUILDING CODE, 2009 EDITION AND 24 CALIFORNIA CODE OF REGULATIONS ( "CCR ") PART 2 AS THE BUILDING CODE; 24 CCR PART 2.5 AS THE RESIDENTIAL CODE; NATIONAL ELECTRICAL CODE, 2008 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2009 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 — 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2009 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 --- 103.122, A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; "BUILDING ENERGY EFFICIENCY STANDARDS - STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2009 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; 24 CCR PART 11 AS THE GREEN BUILDING STANDARDS CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the International and State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 1338 Page 2 of 4 SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in ExhibitA hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Local Geological Conditions — The City of Baldwin Park is located in the greater Los Angeles /Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1994 Northridge Earthquake. Due to the large numbers of tall buildings in this region as well as the increased fire -life safety associated with such a seismic failure, the proposed modification to have a higher minimum base shear consistent with previous edition of the building codes need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the International Building Code. In addition, the City of Baldwin Park is within Seismic Design Category D and E. A severe seismic event could cause wide - spread damage, disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of rescue and fire fighting resources resulting in failure to meet the fire and life safety needs of the community. Therefore, other changes are required (i) to assure the public health and safety in connection with suspended ceilings and return walls and fins /canopies at entrances; (ii) for structural observation of the construction of certain types of buildings by the registered design professional in responsible charge for the structural design since poor quality in construction, especially for wood frame buildings, exacerbates earthquake damage and requiring that the registered design professional in responsible charge for the structural design observe the actual construction will ensure acceptable standards of workmanship and quality of construction; (iii) to limit the design of buildings based on rotation thereby restricting potential soft -story designs and excessive deflections; (iv) to establish certain performance requirements for hold -down connectors, essential to preventing failure of a shear wall due to excessive deflection; (v) to require mechanically driven nails to have the same dimension as hand driven nail resulting in improvement in the quality of construction and performance of shear wall panels; (vi) to delete Gypsum wallboard and exterior Portland cement plaster which have performed poorly during recent California seismic events (the shear values for gypsum wallboard and Portland cement stucco and staple fasteners contained in the code are based on mono - directional testing only); (vii) restrictions on conventional framing which does not address the need for a continuous load path, critical shear transfer mechanisms, connection ties, Ordinance No. 1338 Page 3 of 4 irregular and flexible portions of complex shaped structures; and (viii to reduce and eliminate electrical fire hazard at the time of any disaster, natural or manmade. Local Geological, Climatic, Topographic Conditions — The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty -first (31 st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk's Office. PASSED AND APPROVED on the 1St day of December 2010 "Original Signed" MANUELLOZANO MAYOR Ordinance No. 1338 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1338 was introduced at a regular meeting of the City Council held on November 3, 2010, and was adopted by the City Council at its regular meeting held on December 1, 2010, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Laura M. Nieto, CIVIC DEPUTY CITY CLERK Marlen Garcia, Monica Garcia, Mayor Pro Tern Ricardo Pacheco, Suzan Rubio, and Mayor Manuel Lozano NONE iL�LI� NONE Exhibit A to Ordinance No. 1338 Page 1 of 55 EXHIBIT A CHAPTER 150. BUILDING CODES Part 1. Administrative Provisions 150.001 TITLE. This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as "this Code." § 150.002 PURPOSE, The purpose of this Code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein. 150.003 SCOPE. The provisions of this Code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City. § 150.004 AUTHORITY. This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference. 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED. The provision of this Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit or suffer the same to be done, in Exhibit A to Ordinance No. 1338 Page 2 of 55 violation of this Chapter or in violation of any of the provisions of the Codes adopted hereunder. Exception: Public Projects located in the public way and not subject to the City of Baldwin Park land use regulations; public utility towers and poles; mechanical equipment not specifically regulated by this Code; floor control structures; buildings and structures owned and constructed by a Federal, State or other agency which authority pre -empts that of City government. 150.006 ADMINISTRATION. The provisions of this Chapter contain cross- references to the provisions of the 2010 CBC- Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions. § 150.007 CREATION OF DIVISION OF BUILDING & SAFETY. There is hereby contained with the City of Baldwin Park government structure the Division of Building & Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. § 150.008 DEPUTIES. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time. § 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL. A. GENERAL. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules supplemental to this Code as may be deemed necessary in order to clarify the applications and the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code. B. INTERPRETATIONS AND POLICIES. The Building Official shall have the power and authority to render interpretations of this Chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, Exhibit A to Ordinance No. 1338 Page 3 of 55 procedures, rules and regulations shall be in conformance with the intent and purpose of this Chapter. C. RIGHT OF ENTRY. The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Chapter: a. when necessary to make an inspection to enforce any of the provisions of this Chapter and the technical codes, or b. when the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this Chapter which makes the building or premises unsafe, dangerous or hazardous. Z The Building Official shall adhere to the following procedures in making an entry: a. if such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry. b. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. C. Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection. D. STOP WORK ORDERS. When work is being done contrary to the provisions of this Chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this Chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. E. OCCUPANCY VIOLATIONS. When a building or structure or building service equipment therein regulated by this Chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written notice served on continued, Such person shall discontinue th Building Official after receipt of such notice t o comply with the requirements of such codes. Exhibit A to Ordinance No. 1338 Page 4 of 55 any person causing such use to be e use within the time prescribed by the make the structure, or portion thereof, F. AUTHORITY TO DISCONNECT UTILITIES. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this Chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. G. AUTHORITY TO CONDEMN BUILDING SERVICE EQUIPMENT. 1. When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. 2. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice. 3. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within twenty four (24) hours to the serving utility, the owner and occupant of such building, structure or premises. 4. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this Chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. H. CONNECTION AFTER ORDER TO DISCONNECT. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. I. CUSTODIAN OF RECORDS. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the Exhibit A to Ordinance No, 1338 Page 5 of 55 responsibility to keep and maintain a permanent record of all building permits issued by the Division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method. J. LIABILITY. It is the intent of this Code to establish minimum standards for the protection of the health, safety and welfare of the public. This Code shall not be construed to establish standards of performance, strength or durability other than those specified. This Code, nor any of the services rendered in connection with its terms by City officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this Code or any permits granted hereunder. No cause of action shall arise in favor of any person against the City of Baldwin Park, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction. K. CONFLICTING PROVISIONS. When conflicting provisions or requirements occur between this Chapter, the technical codes and other codes or laws, the most restrictive shall govern. 2. When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. 3. Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict Exhibit A to Ordinance No. 1338 Page 6 of 55 between a general requirement and a specific requirement, the specific requirement shall be applicable. L. ALTERNATE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION_. 1. The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official. 2. The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. 3. The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. 4. The details of an action granting approval of an alternate shall be recorded and entered in the records. 5. The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. M. MODIFICATIONS. 9, Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases. 2. The Building Official shall first find that: a. A special individual reason makes the strict letter of the technical code impractical; b. The modification is in conformity with the intent and purpose of the technical code, and C. Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. 3. The details of actions granting modifications shall be recorded and entered in the records. Exhibit A to Ordinance No. 1 338 Page 7 of 55 4. The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense. N. TESTS AND RESEARCH REPORTS. 1. Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense. 2. Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures. 3. Tests shall be made by an approved agency. 4. Reports of such tests shall be entered in the records. 5. The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. 150.010 APPLICABILITY. The provisions of this Code shall not be construed to conflict with the provisions of the State Housing Law, nor any other provisions of State or Federal laws. Any requirements of this Code or the codes adopted hereby, which are more restrictive shall apply. 150.019 BOARD OF APPEALS. A. BOARD ESTABLISHED. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Exhibit A to Ordinance No. 1338 Page 8 of SS Appeals shall have no authority relative to interpretations of the administrative provisions of this Code. The Board shall have no authority to waive requirements of this Code. 111�21- 1. An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals. 2. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or and equally good or better form of construction is proposed. 150.012 PARTIAL INVALIDITY. If any section, subsection, sentence, clause or phrase of this Code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this Code or the application of such provision to other persons or circumstances. Part 2. Definitions § 150.020 DEFINITIONS. The definitions set forth in this Section shall govern the application and interpretation of this Chapter. Alter or Alteration "Alter" or "Alteration" means a change or modification in construction or building service equipment. Administrative Authority "Administrative Authority" is the Building Official or a regularly authorized deputy. Approved "Approved," as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved Agency Exhibit A to Ordinance No. 1338 Page 9 of 55 "Approved Agency" means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code "Building Code" means the Baldwin Park Building Code. Building Service Equipment "Building service equipment" refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire - fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC "CBC" means the California Building Code as adopted by the State of California. Code, Or this Code "Code and this Code" is Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. Condominiums "Condominiums" shall mean any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this Code, condominiums shall be classified as R -2 occupancy. Electrical Code "Electrical Code" means the Baldwin Park Electrical Code.. Existinci Building "Existing Building" means a building legally erected prior to effective date of this chapter. Fire Code "Fire Code" is the International Fire Code (IFC), 2009 edition, promulgated by the International Code Council, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations. Jurisdiction "Jurisdiction" is the City of Baldwin Park. Listed and Listing "Listed" and "Listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current Exhibit A to Ordinance No. 1338 Page 10 of 55 productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. Mechanical Code "Mechanical Code" is Baldwin Park Mechanical Code. Occupancy "Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used. Permit "Permit" is an official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. Plumbing Code "Plumbing Code" is the Baldwin Park Plumbing Code.. Repalr "Repair" is the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. Shall "Shall" as used in this Code is mandatory. Structure "Structure" is that which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Technical Codes "Technical Codes" refer to those codes adopted by this Chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment. Townhouse "Townhouse" shall mean a single family dwelling in a row of at least three (3) such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R -3 occupancy. Part 3. Organization and Enforcement Exhibit A to Ordinance No. 1338 Page 11 of 55 150.030 ABATEMENT ORDERS. When any structure or site is being used or constructed in violation of this Code, or any of the Codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed. 150.031 ABATEMENT PROCEDURES. The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this Code, State Health and Safety Code, State Housing Regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this Code, State Health and Safety Code, State Housing Law, or any of the codes adopted by reference herein, the Building Official shall give a written Notice and Order to the owner, tenant or user of the building or property pursuant to the provisions of the State Health and Safety Code, State Housing Law and this Code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately. If a Notice and Order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the City of Baldwin Park in the processing of the Notice and Order to abate. Such processing fees shall be calculated at the rate indicated in the Schedule of Service Charges adopted by the City Council. Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds seventy -five (75) percent of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this section. , and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property. §_150.032 COST OF ABATEMENT OR COMPLIANCE. Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this Code, any of the codes adopted by reference herein, or the State Housing Law shall be liable for, and obligated to pay to the City of Baldwin Park all costs incurred by the City in obtaining Exhibit A to Ordinance No. 1338 Page 12 of SS abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the City its officers, agents, and employees as a result of such violation or efforts to abate the violation. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. § 150.033 NOTICE OF NON - COMPLIANCE. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this Code, the State Housing Law or any code adopted herein, the Building Official may cause a Notice of Non - Compliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The Notice of Non - Compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a Notice of Release of the Notice of Non - Compliance with the County Recorder when it has been determined by the Building Official that the non - complying conditions have been corrected. § 150.034 PUBLIC NUISANCE. Buildings or structures or portions thereof which are regulated by this Code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the State Housing Law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this Code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this Code. 150.035 ACTIONS VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this Code, or cause the same to be done in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. The penalty shall be as set forth in Section 10.99 of Exhibit A to Ordinance No. 1338 Page 13 of 55 the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. Part 4. Existing Buildings and Building Service Equipment 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT. The provisions of this Part govern the application of the technical codes to existing buildings and building service equipment. 150.041 GENERAL. The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this Chapter. 150.042 ADDITIONS ALTERATIONS OR REPAIRS. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. § 150.043 ADDITIONS, ALTERATION OR REPAIRS: UNSAFE CONDITIONS. A. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. Exhibit A to Ordinance No. 1338 Page 14 of 55 B. An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the Building Code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life. § 150.044 ADDITIONS, ALTERATION OR REPAIRS; HEIGHT, NUMBER OF STORIES AND AREA, A. A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the Building Code for new buildings. B. A building plus new additions, shall not exceed the height, number of stories and area specified by the Building Code for new buildings. 150.045 ADDITIONS ALTERATION OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS, Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the Building Code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. EXCEPTION: Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral- force - resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: 1 . The capacity of existing structural elements required to resist forces is not reduced; 2. The lateral loading to required existing structural elements is not increased beyond their capacity; 3. New structural elements are detailed and connected to the existing structural elements as required by these regulations; 4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and 5. An unsafe condition is not created. Exhibit A to Ordinance No. 1338 Page 15 of 55 150.046 ADDITIONS. ALTERATION OR REPAIRS: USE OF SAME MATERIALS. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a park of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations. 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS. Building service equipment lawfully in existence prior to the effective date of this Chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. § 150.048 EXISTING OCCUPANCY. A. Buildings in existence prior to the effective date of this Chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this Chapter, and provided continued use is not dangerous to life, health and safety. B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of this Code. § 150.049 MAINTENANCE. A. Buildings, structures and building service equipment, existing and new, and parks thereof shall be maintained in a safe and sanitary condition. B. Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. C. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. D. The Building Official may cause a structure to be reinspected to determine compliance with this subsection. 150.050 MOVED BUILDINGS. Buildings, structures and their building service equipment moved into or within the City shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment. § 150.051 TEMPORARY STRUCTURES. Exhibit A to Ordinance No. 1338 Page 16 of 55 A. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC Section 3103. B. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. § 150.052 HISTORIC BUILDINGS. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its' building service equipment may be made provided: A. The building or structure has been designated by official action of the legally constituted authority of the City as having special historical or architectural significance. B. Unsafe conditions as described in this Chapter are corrected. C. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. D. The structure meets the requirement of 2010 California Historical Building Code, Part 8 of Title 24. Part 5. Permits § 150.060 PERMITS REQUIRED. Except as specified in this Part, no building, structure or building service equipment regulated by this Chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. 150.061 WORK EXEMPT FROM PERMIT. A. A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this Part. B. Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work - to be done in violation of the provisions of the technical codes or any other laws or City ordinances. Exhibit A to Ordinance No. 1338 Page 17 of 55 150.062 BUILDING PERMIT EXEMPTIONS. A. A building permit shall not be required for the following: 1. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work. 2. Fences not over six (6) feet (1829 mm) high. 3. Oil derricks. 4. Non -fixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches (1753 mm) high. 5. Retaining wails which are not over four (4) feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or Ill -A Liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18925 liters) and the ratio of height to diameter or width does not exceed two to one. 7. Platforms, sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. 8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one - and two- family dwellings. 12. Window awnings supported by an exterior wall of detached one- and two- family dwellings, and Group U Occupancies when projecting not more than fifty -four (54) inches (1372 mm). 13. Prefabricated swimming pools accessory to a detached one- and two - family dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand Exhibit A to Ordinance No. 1338 Page 18 of 55 (5,000) gallons (18925 liters), and less than twenty -four (24) inches (610 mm) deep. 14. Replacement, repair or overlay of less than ten percent (10 %) of an existing roof within any twelve (12) month period. B. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. 150,063 PLUMBING PERMIT EXEMPTIONS, A plumbing permit shall not be required for the following: 1. The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. § 150,064 MECHANICAL PERMIT_ EXEMPTIONS, A mechanical permit shall not be required for the following: 1. A portable heating appliance. 2, Portable ventilating equipment. 3. A portable cooling unit. 4. A portable evaporative cooler. 5. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the Mechanical Code. 6. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. 7. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. Exhibit A to Ordinance No. 1338 Page 19 of 55 8. A unit refrigerating system as defined in the Mechanical Code. §150.065 ELECTRICAL PERMIT EXEMPTIONS. An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable_ is permitted by the Electrical Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current - carrying parts of any switch, conductor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefore. 6. Replacement of any over current device of the required capacity in the same location, except service equipment. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty five (25) volts and not capable of supplying more than fifty (50) watts of energy, except in hazardous (classified) locations. 13. Low- energy power, control and signal circuits of Class II and Class III as defined in the Electrical Code. Exhibit A to Ordinance No. 1338 Page 20 of 55 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Part 6. Application Requirements § 160.071 APPLICATION FOR PERMIT. A. To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose. B Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC Appendix Chapter 1, Section 106. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as may be required by the Building Official. C. The work to be covered by the permit for which application is made, shall comply with the Code, standards, and laws in effect at the time such application is filed with the Building Official. § 150.072 SUBMITTAL DOCUMENTS. A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. Exhibit A to Ordinance No. 1338 Page 21 of 55 B. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. C. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. D. EXCEPTION: The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Chapter. 150,072 INFORMATION ON PLANS AND SPECIFICATIONS. A. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws, ordinances, rules and regulations. B. Plans for buildings of other than detached one- and two- family dwellings and Group U Occupancies shall indicate how required structural and fire - resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. § 150.073 ARCHITECT OR ENGINEER OF RECORD. A. When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. B. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. C. The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. D. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. §150.074 DEFERRED SUBMITTALS. Exhibit A to Ordinance No. 1338 Page 22 of 55 A. For the purposes of this Chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period. B. Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation. C. Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. D. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. § 150.075 INSPECTION AND OBSERVATION_ PROGRAM. A. When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit. B. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors. C. The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work. D. When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. E. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. § 150.076 EXPIRATION OF APPLICATION FOR PERMIT A. Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit application filed prior to the effective date of this Chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit Exhibit A to Ordinance No. 1338 Page 23 of 55 without requiring the re- submittal of plans and payment of a plan review fee provided: 1. No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and 2. No pertinent laws or ordinances have been amended subsequent to the date the original application was filed; and 3. The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and 4. Circumstances beyond the control of the applicant have prevented action from being taken. B. Except as provided in this Section, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project. Part 7. Permit Issuance 150.080 PERMIT ISSUANCE. A. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other City departments to verify compliance with other applicable laws. B. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid,.the Building Official shall issue a permit therefore to the applicant. C. The Building Official shall endorse, in writing or stamp, the required plans and specifications. D. Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this Chapter shall be done in accordance with the approved plans. Exhibit A to Ordinance No. 1 338 Page 24 of 55 150.082 PERMITS FOR PARTIAL CONSTRUCTION. A. The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. B. The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted. § 150.083 RETENTION OF PLANS A. One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than one hundred eighty (180) days from the date of completion of the work covered therein or as required by the State or local laws. B. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. § 150.084 VALIDITY OF PERMIT. A. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this Chapter or the technical codes, or of any other law or ordinance. B. Permits presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this Chapter or of any other City ordinances. § 150.085 PERMIT EXPIRATION. A. Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or Exhibit A to Ordinance No. 1338 Page 25 of 55 work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. B. All permits shall expire by limitation of time and become null and void unless an inspection indicating substantial progress in construction has been requested and performed every 180 days or sooner. C. Before work terminated pursuant to subsection B above can be recommenced, a new permit shall be first obtained, and the. permittee shall pay new full permit fees. D. The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. E. If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full. 150,086 PERMIT TIME EXTENSIONS. A. A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, if the permittee can demonstrate that, for good and satisfactory reasons, it is not feasible to commence the work within the required time. B. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. C. Permits shall not be extended more Official may approve a maximum of on of one hundred and eighty (180) days special unusual circumstances exist. require that additional fees be paid ar comply with the current codes. than once, except that, the Building CONSECUTIVE additional extension when the applicant demonstrates that n this case, the Building Official may d plans be revised to partially or fully D. Permit time extension when there are multiple permits on a single project must comply with all of the following: 1. For the purpose of permit expiration, all permits associated with a single project (i.e., same address, suite, portion of building) will be considered as one project. If an inspection has been performed on any of the permits for the project, all permits will be considered to have been extended for an additional 180 days. However, no permit more than Exhibit A to Ordinance No. 1338 Page 26 of 55 three years old may be extended by the extension of another permit on the same project. 2. In order to extend a permit described in subsection 1, above, one of the permits must be extended subject to aforementioned limitations and payment of required fees. Additionally, an inspection indicating that the applicant has made substantial progress must be requested and performed on the permit that has been extended within 180 days, from the date of permit issuance. § 150.087 PERMIT RENEWALS. An expired building permit may be renewed provided it has not been expired for more than one (1) year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees. 150.088 PERMIT SUSPENSION OR REVOCATION. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, State law or the provisions of this Code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action. 150,090 PERMIT DENIAL. Except where special building designs or other mitigation measures have been approved by the Building Official and co- operating officials of other City and County agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following: 1. Precipitous cliffs or other adjacent vertical landmasses of unknown stability. 2. Unstable soils or geologic conditions. 3. Terrain, which is subject to flooding or severe soil erosion. 4. Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material. Exhibit A to Ordinance No. 133 S Page 27 of 55 Part 8. Fees 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION. All fees required pursuant to this Chapter shall be paid in the amount established set forth in the Schedule of Service Charges established by resolution of the City Council. 150.101 PLAN REVIEW FEES. A. When a plan or other data is required to be submitted with an application for permit, pursuant to this Chapter, a Plan Review Fee shall be paid at the time of submitting plans and specifications for reviewing. The Plan Review Fee is separate and in addition to the Building Permit Fee. B. The Plan Review Fee shall be as set forth in the Schedule of Service Charges established by resolution of the City Council, plus a surcharge as set forth in the Schedule of Service Charges if additional plan review is required for the accessibility for the disabled and /or energy conservation standards as set forth in Title 24 of the California Code of Regulations. C. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this Chapter an additional plan review fee shall be charged at the rate established in the Schedule of Service Charges. D. Whenever a permit is requested for the construction of a single- family or duplex structure as part of a subdivision previously plan- checked and approved, a fee as set forth in the Schedule of Service Charges established by the City Council for each such structure shall be paid at the time of application for each such Building Permit. E. The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one -half (112) the plan review fee. A "model plan" is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan. F. Upon request to review plans on file, a fee as set forth in the Schedule of Service Charges shall be paid, if the plans for such building or structure must be obtained from the City storage vault. § 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT. A. Whenever any work for which a permit is required by this Chapter has been Exhibit A to Ordinance No. 1338 Page 28 of 55 commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work. B. The Investigation Fee in an amount set forth in the Schedule of Service Charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. D. The payment of such Investigation Fee shall not exempt any person from compliance with all other provisions of this Chapter nor from any penalty prescribed by law. 150.103 FEE REFUNDS. A. The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected. B. The Building Official may authorize the refunding of not more than eighty (80 %) percent of the Permit Fee paid when no work has been done under a Permit issued in accordance with this Chapter. A processing fee of $100.00 shall be deducted from the refund amount. Permit fee under $100.00 is non- refundable. C. The Building Official may authorize the refunding of not more than eighty (80 %) percent of the Plan Review Fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee. A processing fee of $100.00 shall be deducted from the refund amount. Plan review fee under $ 200.00 is non - refundable. D. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred and eighty (180) days after the date of fee payment. § 150,104 FEE EXCEPTIONS. A. Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits. B. However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged, Part 9. Inspections 150.110 GENERAL PROVISIONS. Exhibit A to Ordinance No. 1338 Page 29 of 55 A. Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC. B. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Chapter or of other City ordinances. Inspections presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. D. A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. E. All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this Chapter shall be construed as requiring the City to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this section shall be construed to hold the City or any officer, employee or representative of the City, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re- inspection. 150.111 INSPECTION RECORD CARD. A. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. B. The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official. 150.112 INSPECTION REQUESTS. A. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. B. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. Exhibit A to Ordinance No. 1338 Page 30 of 55 C. It shall be the duty of the person requesting any inspections required either by this Chapter or the technical codes to provide access to and means for inspection of the work. § 150.113 APPROVAL. REQUIRED. A. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. B. Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. C. The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this Chapter. D. Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. E. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. 150.114 PRELIMINARY INSPECTION. Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been fled. 150.115 REQUIRED BUILDING INSPECTIONS. The Building Official, upon notification, shall make the following inspections: A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection, All materials for the foundation shall be on the job, except when concrete is ready -mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the Building Official. B. Concrete slab or under -floor inspection. To be made after in -slab or under -floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub - floor. Exhibit A to Ordinance No. 1338 Page 31 of 55 C. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved. D. Frame inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved. E. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. F. Fire - resistant penetrations. (CBC Chapter 1, Section 1 10.3.6) Protection of joints and penetrations in fire - resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. G. Energy efficiency inspections. (CBC Chapter 1, Section 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HAVC and water - heating equipment efficiency. H. Final inspection, To be made after finish grading and the building is completed and ready for occupancy or use. 4 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS. A. General. Building service equipment for which a permit is required by this Chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official. B. Operation of building service equipment The requirements of this section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building. 150.117 OTHER INSPECTIONS. Exhibit A to Ordinance No. 1338 Page 32 of 55 In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this Chapter or technical codes and other applicable laws and ordinances of this City. § 150.118 REINSPECTIONS. A. A re- inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made. B. This section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. C. fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. D. To obtain a re- inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the Schedule of Fees. E. In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. §'150.119 SPECIAL INSPECTIONS. Special inspection shall be provided in accordance with Section 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. § 150.120 CONTRACTORSRESPONSIBILITY. Pursuant to the requirements of CBC section 1710, each contractor responsible for the construction of a main wind -or seismic - force- resisting system, designated seismic system or a wind - or seismic resisting component listed in the statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain acknowledgement of awareness of the special requirements contained in the statement of special inspection. Exhibit A to Ordinance No. 1338 Page 33 of 55 150.121 STRUCTURAL OBSERVATION. Structural observation shall be provided in accordance with Section 1710 of the CBC. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this Code. § 150.122 CONNECTION TO UTILITIES. A. Energy Connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this Chapter, until approved by the Building Official. B. Temporary Connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time. The temporary connection must be removed or detached when the permitted time period is over. Part 10. Certificate of Occupancy § 150.130 USE OR OCCUPANCY. A. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein. B. EXCEPTION: The following occupancies may not require a certificate of occupancy: Group R, Division 3, dwellings as defined in Chapter 2 of the CBC 2. Group U Occupancies. C. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Chapter or of other City ordinances. D. Certificates presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. Exhibit A to Ordinance No. 1338 Page 34 of 55 § 150.131 CHANGE IN USE. Changes in the character or use of a building shall not be made except as specified in the Building Code. 150.132 ISSUANCE OF CERTIFICATE _OFOCCUPANCY. After the Building Official inspects the building or structure and finds no violations of the provisions of this Chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following: A. The building permit number. B. The address of the building. C. The name and address of the owner. D. A description of that portion of the building for which the certificate is issued. E. A statement that the described portion of the building has been inspected for compliance with the requirements of this Chapter for the group and division of occupancy and the use for which the proposed occupancy is classified. F. The name of the Building Official. G. The edition of the code under which the permit was issued. H. The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC. I. The type of construction as defined in Chapter 6 of the CBC. J. The design occupant load. K. If an automatic sprinkler system is provided, whether the sprinkler system is required. L. Any special stipulations and conditions of the building permit. Exhibit A to Ordinance No. 1338 Page 35 of 55 § 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY. A. If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure. B. Applicant shall pay required fees prior to issuance of temporary certificate of occupancy. C. The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy. ,§ 150.134 POSTING. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. 150.135 REVOCATION_. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this Chapter. Part 11. Adoption and Amendment of the 2010 California Building Code § 150.140 ADOPTION. A. The International Building Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code. B. The International Residential Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code. C. The California Green Building Standards Code, 2010 edition, including the Exhibit A to Ordinance No. 1338 Page 36 of 55 appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Park 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code. D. One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. § 150.141 PORTIONS OF CALIFORNIA BUILDING CODE WHICH ARE NOT APPROVED ADOPTED OR INCORPORATED BY REFERENCE. The following portions of the CBC, or of the appendix thereto, are not approved or adopted or incorporated in this Chapter by reference, and shall not be deemed to be a part of this Chapter nor a part of the Baldwin Park Building Code: A. Appendix A, Employee Qualifications B. Appendix B, Board of Appeals. C. Appendix D, Fire Districts. D. Appendix F, Rodent Proofing. $ 150.142 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross - referenced provisions of the CBC and shall be deemed to replace the cross - referenced section of the CBC with the respective provisions set forth in this Chapter. (A) Section 1505, Fire Classification, is hereby amended as follows: Sections 1505.1, 1505.1.3 and Table 1505.1 are deleted: Sections 1505.1 through 1505.3 are amended to read as follows: The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating. No wood shakes or wood shingles, treated or untreated shall be permitted. EXCEPTION: Repairs and additions to existing wood roofs, under twenty -five (25 %) percent of the total existing roof area, shall be allowed to match the existing wood Exhibit A to Ordinance No. 1338 Page 37 of 55 roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12 -month period. (B) Section 1510, Re- roofing, is hereby amended as to read as follows: SECTION 1510.1 GENERAL. All re- roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this section. Repairs to existing roofs shall be limited to 25% of the total roof area within any one -year period. Repairs exceeding 25% of the total roof area shall be considered complete re -roofs and subject to the provisions of this Code. All re- roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this Code. Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports. Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced 6 inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding 6 pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check. Sheathing over existing space sheathing shall be a minimum of 318" in thickness. SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED Not more than one overlay of composition shingles shall be allowed. (C) Section 1613.8, Suspended Ceilings is hereby added to the Code to read as follows: Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of CBC Section 2506.2.1 of this Code and this subsection. 1613.8.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein. 1613.8.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect. 1613.8.3 Design and Installation Requirements. Exhibit A to Ordinance No. 1338 Page 38 of 55 1613.8.3.1 Bracing at Discontinuity. Positive bracing to the structure shall be provided at changes in the ceiling plane elevation or at discontinuities in the ceiling grid system. 1613.8.3.2 Support for Appendages. Cable trays, electrical conduits and piping shall be independently supported and independently braced from the structure. 1613.8.3.3 Sprinkler Heads. All sprinkler heads (drops) except fire - resistance -rated floor /ceiling or roof /ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile, in accordance with Section 13.5.6.2.2 (e) of ASCE 7. Sprinkler heads penetrating fire - resistance -rated floor /ceiling or roof /ceiling assemblies shall comply with Section 713 of this Code. 1613.8.3.4 Perimeter Members. A minimum wall angle size of at least a two inch (51 mm) horizontal leg shall be used at perimeter walls and interior full height partitions. The first ceiling tile shall maintain 3/4 inch (19 mm) clear from the finish wall surface. An equivalent alternative detail that will provide sufficient movement due to anticipated lateral building displacement may be used in lieu of the long leg angle subject to the approval of the Superintendent of Building. 1613.8.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions. 1613.8.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobby's accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby. 1613.8.4.2 Assembly Device. All lay -in panels shall be secured to the suspension ceiling assembly with two hold -down clips minimum for each the within a 4 -foot (1219 mm) radius of the exit lights and exit signs. 1613.8.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1006.3 of this Code. Exhibit A to Ordinance No. 1338 Page 39 of 55 1613.8.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements. (D) Section 1615, Seismic Design Requirements, is hereby added to the Code to read as follows: SECTION 1615 SEISMIC DESIGN REQUIREMENTS 1615.1 General. The text of ASCE 7 is hereby amended to read as follows: 1615.1.6 ASCE 7, 12.11.2.2.3. 12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross -grain bending or cross -grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section. For wood diaphragms supporting concrete or masonry walls, wood diaphragms shall comply with the following: 1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub - diaphragms to transmit the anchorage forces to the main continuous crossties. 2. The maximum diaphragm shear used to determine the depth of the sub - diaphragm shall not exceed 75% of the maximum diaphragm shear. 1615.1.8 ASCE 7, 12.12.4. 12.12.4 Deformation Compatibility for Seismic Design Category D through F. For structures assigned to Seismic Design Category D, E,. or F, every structural component not included in the seismic force - resisting system in the direction under consideration shall be designed to be adequate for the gravity load effects and the seismic forces resulting from displacement to the design story drift (A) as determined in accordance with Section 12.8.6 (see also Section 12.12.1). Exception: Reinforced concrete frame members not designed as part of the seismic force - resisting system shall comply with Section 21.9 of ACI 318. Where determining the moments and shears induced in components that are not included in the seismic force - resisting system in the direction under consideration, the stiffening effects of adjoining rigid structural and Exhibit A to Ordinance No. 1338 Page 40 of 55 nonstructural elements shall be considered and a rational value of member and restraint stiffness shall be used. When designing the diaphragm to comply with the requirements stated above, the return walls and fins /canopies at entrances shall be considered. Seismic compatibility with the diaphragm shall be provided by either seismically isolating the element or by attaching the element and integrating its load into the diaphragm. (E) Section 1710, Structural Observations, is amended to read as follows: SECTION 1710 STRUCTURAL OBSERVATIONS. 1710.1 General. Where required by the provisions of Section 1710.2 or 1710.3 the owner shall employ the registered design professional in responsible charge for the structural design, or another registered design professional designated by the registered design professional in responsible charge for the structural design to perform structural observations as defined in Section 1710.2. The owner or owner's representative shall coordinate and call a preconstruction meeting between the registered design professional in responsible charge for the structural design, structural observer, contractor, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official. Observed deficiencies shall be reported in writing to the owner's representative, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer's knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official. 1710.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures included in Seismic Design Category D, E or F, as determined in Section 1613, where one or more of the following conditions exist: 1. The structure is classified as Occupancy Category III or IV in accordance with Section 1604.5. 2. The height of the structure is greater than 75 feet (22860 mm) above the base. Exhibit A to Ordinance No. 1338 Page 41 of 55 3. The structure is classified as Occupancy Category I or 11 in accordance with Section 1604.5 and a lateral design is required for the structure or portion thereof. Exception: One- and two -story wood framed Group R -3 and Group U Occupancies less than 1500 square feet, and one- and two -story Groups B, F, M and S Occupancies with an occupant load less than 10 provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D. 4. When so designated by the registered design professional in responsible charge of the design. 5. When 'Structural Observation' is specifically required by the building official. (F) Section 1808.1, Foundations, is amended to read as follows: SECTION 1808.6.1 FOUNDATIONS. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non - erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Exhibit A to Ordinance No. 1338 Page 42 of 55 Foundations in expansive soil shall be designed to comply with the following Table: Number of Floors Thickness of Width of Thickness Depth of Supported by Foundation Wall Footing of Footing Footing Foundation Inches Inches Inches Inches Concrete I Masonry 1 6 16 12 6 24 Exception: for residential monolithically places concrete foundation located in non - hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. (G) Section 2305, General Design Requirements for Lateral -force Resisting Systems, is hereby amended to read as follows: 2305.2.5 Rigid Diaphragms, Design of structures with rigid diaphragms shall conform to the structure configuration requirements of Section 12.3.2 of ASCE 7 and the horizontal shear distribution requirements of Section 12.8.4 of ASCE 7. Wood structural panel diaphragms shall not be considered as transmitting lateral forces by rotation. (H) SECTION 3109.2 DEFINITION- The following definition is hereby added to this section of the code. BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length. (1) Section 3109.4.1 is amended to read as follows: SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. Exhibit A to Ordinance No. 1338 Page 43 of 55 EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. (J) Section 3109.4.1.4 is amended to read as follows: 3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a design configuration that provides a ladder -like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited. (K) Section 3401.3 is amended to read as follows: 3401.3 Compliance with other codes. Alterations, repairs, additions, changes of occupancy and maintenance of all structures shall comply with the provisions for alterations, repairs, additions, changes of occupancy and maintenance of all structures in the California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, Title 25, California Code of Regulations, Division 1, Chapter 1, Subchapter 1, Article 1 (a) and (b) and California Health and Safety Code Sections 17920- 17927. (HCD 1) See Chapter 34, Section 3403.1, Exception 2 and Title 25, Division 1, Chapter 1, Subchapter 1, Article 1, commencing with Section 1 for existing buildings or structures. (L) Section 3401.3.1 is added to read as follows: 3401.3.1 Substandard Buildings Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions as delineated in Health and Safety Code Section 17920 to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this Code. (9) Room and space dimensions less than required by this Code. Exhibit A to Ordinance No. 1338 Page 44 of 55 (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (S) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Exhibit A to Ordinance No. 1338 Page 45 of 55 (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those which are specifically allowed or approved by this Code, and which have been adequately maintained in good and safe condition. 0) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the CBC. (1) All buildings or portions thereof not provided with adequate exit facilities as required by this Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire - resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire - resistive integrity and fire - extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. "Substandard building" includes a building not in compliance with Section 13143.2. of the California Health and Safety Code. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. (N) Section 3402.1 is amended to read as follows: 3402.1 Definitions. For the purposes of this chapter, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2010 CBC: Substantial Structural Damage — A condition where: Exhibit A to Ordinance No. 1338 Page 46 of 55 In any story, the vertical elements of the lateral- force - resisting system, have suffered damage such that the lateral load- carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre- damaged condition, or 2. The capacity of any vertical gravity load- carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre - damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose and location. (0) The following repair requirements are hereby added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or Repair in the 2010 CBC: 3403.5 Repairs. 3403.5.1 Repairs. Repairs of structural elements shall comply with this section. 3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 3403.5.1.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) orASCE 41 Seismic rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3. 3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: 1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Intermediate" or "Special ". 2. Forces corresponding to BSE -1 and BSE -2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2. Exhibit A to Ordinance No. 1338 Page 47 of SS TABLE 3403.5.1.1.2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS OCCUPANCY CATEGORY (BASED ON 113C TABLE 1604,5) PERFORMANCE LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE FOR USE WITH ASCE 41 BSE -2 EARTHQUAKE 31 AND WITH ASCE 41 BSE -1 EARTHQUAKE HAZARD LEVEL HAZARD LEVEL I Life Safet LS Collapse Prevention CP II Life SafetyjLS Collapse Prevention CP III Note a Note a IV Immediate Occupancy life Safety (LS) TO-1 a. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV. 3403.5.1.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following: 1. 75 percent of the forces prescribed in the building code. The R factor used analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3403.5.1.1.2. 2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels. The seismic evaluation and design of un- reinforced masonry bearing wall buildings in Occupancy Category 1 or II are permitted to be based on the procedures specified in Appendix Chapter Al. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings or light -frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3. Exhibit A to Ordinance No. 1338 Page 48 of 55 Seismic evaluation and design of soft, weak, or open -front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or 11 are permitted to be based on the procedures specified in Appendix Chapter A4. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 3403.5.9.1.2. 4. Those associated with the BSE -1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SDI defined by the International Building Code and its reference standards. 3403.5.1.2 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code. 3403.52 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section. 3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 3403.5.2.2 Substantial structural damage to vertical elements of the lateral - force- resisting system. A building that has sustained substantial structural damage to the vertical elements of its lateral- force - resisting system shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. 3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre - damage state, would comply with the provisions of the building code. Wind forces for this evaluation shall be those prescribed in the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code Section 3403.5.1.1.3. 3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre - damage building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre - damage state, using materials and strengths that existed prior to the damage. Exhibit A to Ordinance No. 1338 Page 49 of 55 3403.5.2.2.3 Extent of repair for non - compliant buildings. If the evaluation does not establish compliance of the pre - damage building in accordance with Section 3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind of seismic forces. The wind design level for the repair shall be as required by the building code in effect at the tie of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the pre - damaged building, but not less than the reduced level seismic forces specified in Section 3403.5.1.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings or similar structure, purpose, and location. 3403.5.2.3 Substantial structural damage to vertical load- carrying components. Vertical load- carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load - carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.2.3.1 Lateral force - resisting elements. Regardless of the level of damage to vertical elements of the lateral force- resisting system, if substantial structural damage to vertical load- carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non - compliant, rehabilitated in accordance with Section 3403.5.2.2.3. 3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre - damage state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.3 Referenced Standards Standard Reference Number ASCE 31 -03 Title Seismic Evaluation of Existing Building Referenced In Code Section Number 3403.5.1.1.1, TABLE 3403.5.1.1.2, 3403.5.1.1.3 Exhibit A to Ordinance No. 1338 Page 50 of 55 ASCE 41 -06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1, 3403.5.1.1.2, TABLE 3403.5.1.1.2, 3403.5.1.1.3 4 150.143 SAFETY ASSESSMENT PLACARDS. This following section is hereby added to the Code: SAFETY ASSESSMENT PLACARDS A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. B. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary. C. Definitions Safety assessment is a visual, non - destructive examination of a building or structure for purpose of determining the condition for continued occupancy. D. Placards 1. The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED — Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE — Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except Exhibit A to Ordinance No. 1338 Page 51 of 55 as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 2. This Municipal Code section number, the name of the City, its address, and phone number shall be permanently affixed to each placard. 3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. § 150.144 APPENDIX J GRADING. A. Appendix J, Grading, Section J 102 is amended to read as follows: BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool.). B. APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section is amended by the addition of the following: EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or steeper slope. Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE 150.150 ADOPTION. A. The National Electrical Code (NEC), 2008 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, (P.O. Box 9146), Quincy, MA 02269 -9959, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 3 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code. Exhibit A to Ordinance No. 1338 Page 52 of 55 B. One copy of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. § 150.151 SPECIAL EVENTS. A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures. 150.152 AMENDMENTS The California Electrical Code is hereby amended as follows: Article 250.52, Service Grounding, is amended by adding the _following provision: Notwithstanding other provisions of Section 250.52 in the 2010 California Electrical Code, the electrical service grounding electrode for new construction where concrete footings in direct contact with earth are employed shall be a bare copper conductor installed as specified in Section 250.52(A) (3) in the 2010 California Electrical Code. §150.153 TEMPORARY WIRING. For the purpose of this section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction. §150.154 CONDITIONAL ELECTRICAL SERVICE CONNECTION. A Conditional Electrical Service Connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official. Part 13. Adoption of the California Mechanical Code § 150.160 ADOPTION. A. The Uniform Mechanical Code, 2009 Edition, Appendices Chapter 1, Sections 112.2 — 112.2.5, A and D, promulgated by the International Exhibit A to Ordinance No. 1338 Page 53 of 55 Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761 -2816, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 4 of the California Code of Regulations, is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code. B. One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 14. Adoption of the California Plumbing Code §150.170 ADOPTION_. A. The Uniform Plumbing Code, 2009 Edition Appendices Chapter 1, Sections 103.1,2 — 103.1.2.2, A, D, I and K, promulgated by the International Association of Plumbing & Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761 -2816, together with the 2010 California Amendments adopted by the California Building Standards Commission as Title 24, Part 5 of the California Code of Regulations, is hereby adopted and enacted as the Primary Plumbing Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code. B. One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 15. Adoption of the California Energy Code 150.180 ADOPTION. A. "Building Energy Efficiency Standards - Standards for Residential and Nonresidential Buildings" which incorporates Title 24, Part 6 of the California Code of Regulations as published by the California Energy Commission and the California Building Standards Commission, and is hereby adopted and enacted as the primary Energy Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Energy Code. B. One copy of the 2010 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Exhibit A to Ordinance No. 1338 Page 54 of 55 Part 16. Adoption of the California Elevator Safety Construction Code 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE. A. The California Elevator Safety Construction Code, as adopted by the California Building Standards Commission as Title 24, Part 7 of the California Code of Regulations, is hereby adopted and enacted as the Primary Elevator Safety Construction Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Elevator Safety Construction Code. B. One copy of the 2010 California Elevator Safety Construction Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 17. Adoption of the California Historical Building Code §_150.200 ADOPTION_. A. The California Historical Building Code, as adopted by the California Building Standards Commission as Title 24, Part 8 of the California Code of Regulations, is hereby adopted and enacted as the primary Historic Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Historic Building Code. B. One copy of the 2010 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 18. Adoption and Amendment of the California Existing Building Code 150.210 ADOPTION. A. The International Existing Building Code, 2009 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24, Part 10 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Existing Building Code. B. One copy of the 2010 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Exhibit A to Ordinance No. 1338 Page 55 of 55 § 150.211 ADOPTION OF APPENDIX `A'. The following portions of the International Existing Building Code, 2009 edition or of the appendix thereto are adopted in this Chapter by reference and shall be deemed to be a part of the building code of the City of Baldwin Park. A. Chapter A -1 Seismic Strengthening Provisions for Un- reinforced Masonry Buildings. B. Chapter A -2 Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms. C. Chapter A -3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood -frame Residential Buildings. D. Chapter A -4 Earthquake Hazard Reduction in Existing Wood -frame Residential Buildings with Soft, Weak or Open-front Walls. E. Chapter A -5 Earthquake Hazard Reduction in Existing Concrete Buildings and Concrete with Masonry lnfill Buildings. Part 19. Adoption of the California References Standards Code § 150.220 ADOPTION. A. The California Referenced Standards Code, as adopted by the California Building Standards Commission as Title 24, Part 12 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2010 California Referenced Standards Code. B. One copy of the 2010 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. ttt h1I %�1 BALDWIN P - A • R - K TO: FROM: DATE: CITY COUNCIL AGENDA NOV 17 CITY OF BALDWIN PARK STAFF REPORT Cons4AMalenaar Honorable Mayor and Councilmembers Marc Castagnola, AICP, Community Development Mana November 17, 2010 SUBJECT: Designation of the Baldwin Park Planning Commission as the body to determine if the public convenience and necessity is warranted for the issuance of Department of Alcoholic Beverage Control (ABC) on and off -site licenses in over - concentrated Census Tracts as determined by ABC in conjunction with the conditional use permit process. PURPOSE This report requests the City Council approve Resolution No. 2010 -048 designating the City of Baldwin Park Planning Commission as the body to determine the public convenience and necessity in areas which have an over - concentration of ABC licenses, unless the matter is appealed to the City Council. As done currently, this determination will be in conjunction with the conditional use permit process required for any new ABC license. BACKGROU ND/DISCUSS ION During the 1994 California Legislative session, amendments and additions were made to provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect local governing bodies. In summary, these changes indicated local governing bodies would determine whether or not public convenience and necessity (PCN) are met in areas deemed over - concentrated by ABC prior to the issuance of an on or off -site license. In March 1995, ABC forwarded to all governing bodies throughout the State a letter informing them of the legislative changes and that the local governing body would now be required to make written determinations regarding public convenience and necessity warranting the issuance of an ABC license (on or off -site sales licenses) in an over - concentrated area as determined by the ABC. As the Council Members are aware, any proposed alcoholic beverage sales in the City requires approval of a conditional use permit by the Planning Commission. If ABC requests a PCN from the City for a new license, then staff incorporates PCN language into the resolution adopted by the Planning Commission and forwards the resolution to ABC. This has been the Planning Division's standard operating procedure since written determinations for PCN's have been required by the Department of Alcoholic Beverage Control. Furthermore, since 1995 the Department of Alcoholic Beverage Control has ABC —PCN Designation November 17, 2014 Paae 2 accepted several resolutions approved by the Planning Commission stating that the public convenience and necessity has been met. However, on November 1, 2010, the Department of Alcoholic Beverage Control indicated they do not have written evidence from the City Council designating authority to the Planning Commission to determine the public convenience and necessity in over - concentrated areas in conjunction with the conditional use permit process. Asa result of this lack of documentation, the ABC will not issue any further ABC licenses in over - concentrated areas. This stance by the ABC is hindering issuance of the ABC license for the proposed 7 -11 at the corner of Maine Avenue and Los Angeles Street. At this time staff is proposing the City Council validate the current operating procedures for determining the public convenience and necessity as required by the ABC through the conditional use permit process. As a result the Planning Commission would be delegated the authority to determine whether or not an ABC license should be issued in areas of over - concentration except if a related land use entitlement determination is appealed to the City Council. RECOMMENDATION It is recommended the City Council adopt Resolution No. 2010 -048 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK DESIGNATING THE BALDWIN PARK PLANNING COMMISSION AS THE BODY TO DETERMINE IF THE PUBLIC CONVENIENCE AND NECESSITY WILL WARRANT THE ISSUANCE OF A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE IN AN OVER - CONCENTRATED CENSUS TRACT," ATTACHMENTS * #1, ABC Letter dated March 8, 1995 * #2, Resolution 2010 -048 REPORT PREAPRED BY; Amy L. Harbin, AICP, City Planne� "� ATTACHMENT #1 ABC LETTER DATED MARCH 8, 2995 11IUV_U1_L1U1U iu:2J Rife 111UNKUVIH b2b .JDY 41Y,2i F1. UL / ',(. C7fC` AI_ If01{ N3.\•— I, 1�51hif. 5S _IH��iv_�inrni____= .....-- --'_— - —�.�__ :_.__.__..........._.._.. _ »._._w— _�— .�r.:.- ---- •�- 'rrr_„ }LrlAit'F'M N'T OF nT }C.; TiUi.. }C' E31 V[,}ZAfi[: (f)NITIZOL. ���1- it11iC)S1P, c'()U14T. 4C'll'C. 1 NO 5AINAMFNTO. 641161 Cat•G9f1f) 4 March 8, 1995 t/ To: County Board of Supci-visors City Councils Mayors Durincr the 1994 Legislative Session amendments and additions were made to cerumn provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the local governing bodies of cities and counties. Section 23958.4 was added to the Business and Professions Cade to define = "-`undue concenntration" of.licenses and-to establish -the procedure for- determining if-public convenience =and> necessity will warrant the:issua.nce of a license notwithstanding a detcrrnination, that there is an undue concentration of•licenses. A copy of the chaptered Assembly bill creating Section 23958.4 is t;nclosed. With respect to tioh -- etail licenses: bona fade public eating place. licenses, certain hotel, motel, or specified lodging establishments and retail licenses issued in conjunction with a beer manufacturing or winegrower's license,4if the applicarxt' ws =that - public convenience or necessity 'would'be- scmved ,a licensc may be' ssued,by >the Department. In this situation the local governing body does not make a determination of public convenience and necessity, however, nothing would preclude a city or county from protesting the issuance of a license on these grounds or any other Grounds. With respect to all other retail. licenses, most notably all off-sale beer and wine licenses, off -sale general licenses, and all other on -sale hcenses, the determination of whether or no4t.pub�t con !ernepce and - necess-it r s:rrret :will 1�e tletet'rnined by the local c;overning body- ofIt ty- in other words, if there is an undue concentration of licenses in the area of a proposed licensed pzerrdses and the local governing body determines that issuance of the license would meet public convenience and necessity standards, the Depavinent of Alcoholic Beverage Control will be bound by that determination and the license could be issued, assuming other factors, such as the personal qualification of the applicant, Citizen protests and other rton.- public convenience and necessity factors do not preclude the issuance of the license. On the other band, if tht. Aocal governing -body determines that public convenicnce and necessity would not be served, that determination by itself would preclude the issuance of the license by the Department, The Department is asking thar-all determinations of satisfying public Convenience- and necessity be in writing arid submitted to the local office of the Department. Ueed ° � NUV- UI - ;2U1U lei; -eo Hbi,; mui4 uviH bib J7'f 41'f� 1 As the local , *overning body you inay elect to delegate thr, dUtics of (leterillirain0 whether or not public e :onvrr7ic :nee and ne(,esslty are met to a subordinate. agency st,ch as a Zoning, plarming„ or law cynforr.Nme.nt official if desired. if this, is your decision l�lea5e: submit a wiaten notice of such delegation to the Department's Meadcluarters address within 30 days of'the date of this notice_ If such fa delegation'is -not m2de within that period we will nssunle that the local governing body itself will be making these: C1f.ECrflliIiati0il$ Please send all notifications of delegation of these duties to, Department of Alcoholic 13cveragc Control Office of the Director 351.0 Rosin Court, Suite 1,50 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in the law as outlined above will set-ve to give local officials the ability to better deal with alcoholic beverage licensing issues. Sincerely, 2 enton i.�. Byers. Chief Counsel 11.sJi TQTFL P.03 NUV- 171 -2ulu 1b:2U HJ3u hltJhRWIH U -26 S Y 41`f i F'.01 pepartmenl of Alcoholic $eve rage Control Monrovia District Office 222 East Huntington Drive, Suite 114 Monrovia, CA 51016 Phonrii 626 -25G -3241 Fax: 626.357.4173 CAI i 1 6 A N I A „inu Try: Firm /Office: Fax: cc('$): From: Subject: FAX TRANSMISSION U U 4\0"- V (0 -11� w Total Number of Pages State of California (including this cover sheet) Original: ❑To follow by regular mail Will not follow q, Date: 'Pitr14; Phone: cemm��14 -P. C,F3nIX V.L WI "D Ic(J C'OC•'L?" CL�, �lnlr{'S T T L L-+�. NOTICE This communication is intended only for the use of the individual or entity to which it is addressed, and May contain information that is privileged, confidential and exempt from disclosure tinder applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited- if you have received this communication in error, please notify us immediately by telephone, and return the original massage to us at the above address, ABC -75 (2107) Flex "Be E +`nergy Effident" ATTACHMENT #2 RESOLUTION 2010 -048 RESOLUTION NO, 2010 -048 A RESOLUTION OF THE CITY COUNCIL OF THE OF BALDWIN PARK DESIGNATING THE BALDWIN PARK PLANNING COMMISSION AS THE BODY TO DETERMINE WHEN A PUBLIC CONVENIENCE AND NECESSITY WILL WARRANT THE ISSUANCE OF A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSE IN AN OVER - CONCENTRATED CENSUS TRACT. WHEREAS, during the 1994 California Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affects local governing bodies; and WHEREAS, the changes to State Law are regarding the procedures for determining if the public convenience and necessity will warrant the issuance of an ABC license in areas deemed over - concentrated by the Department of Alcoholic beverage Control; and WHEREAS, the Department of Alcoholic Beverage Control advised cities in accordance with these changes to State law; and WHEREAS, since 1995, as a standard operating procedure, the City of Baldwin Park Planning Division has been incorporating written documentation regarding the public convenience and necessity into conditions of approval contained in conditional use permits as approved by the Baldwin Park Planning Commission; and WHEREAS, the Department of Alcoholic Beverage Control is requesting written authorization from the City Council designating the Baldwin Park Planning Commission as the body to determine whether or not public convenience and necessity is met in the over - concentrated areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park, as follows: SECTION 1: The City Council hereby designates the Planning Commission as the delegated body to determine whether or not the public convenience and necessity are met in over- concentrated areas; and SECTION 2: The City Council directs the Planning Commission to include a public convenience and necessity finding with all applicable conditional use permits and convey those findings in an adopted resolution. SECTION 3: If the application to determine the public convenience and necessity is part of another land use decision made by the Planning Commission and Resolution 2010 -048 November 17, 2010 Paae 2 that other decision is appealed to the City - Council, then the determination of public convenience and necessity may also be appealed to the City Council pursuant to the provisions of the Baldwin Park Municipal Code that are applicable to that other decision. APPROVED AND ADOPTED this 17th day of November 2010. Manuel Lozano, Mayor ATTEST: Laura Nieto, CMC, Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK 1, Laura M. Nieto, CMC, Deputy City Clerk of the City Council of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2010 -048 was duly and regularly approved and adopted by the City Council of Baldwin Park at a regular meeting of the City Council held on November 17, 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK It � BALDWIN P >A >R >K CITY COUNCIL AGENDA STAFN ITEM NO, TO: Honorable Mayor and Members of the Council FROM: Vijay Singhal, Chief Executive Officer Marc Castagnola, AICP, Community Development Mana DATE: November 17, 2010 SUBJECT: Resolution in Support of "Business- Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy - SM= The purpose of this staff report is for the City Council to consider the adoption of the attached resolution in support of "Business- Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy. BACKGROUND The City of Baldwin Park is a member of the Southern California Association of Governments (SCAG) who is engaged in the development of a Southern California Economic Growth Strategy. With the recent recession, Southern California has lost over 780,000 jobs through 2009 and more jobs lost in 2010. Economists believe the recovery will be slow. To overcome this challenge, SCAG is developing an economic growth strategy for Southern California. Jack Kyser, SCAG's Chief Economic Advisor, is leading the data research effort and will present findings on December 2, 2010 at SCAG's "Southern California's Road to Economic Recovery Summit" in downtown Los Angeles. DISCUSSION The purpose of the summit is for SCAG to share key findings, state impediments to economic recovery and growth, and the potential for agreement to removing impediments with state leaders and business leaders. The Governor - elect, state legislative leaders, key business leaders, cities, and counties have been invited to participate in the discussion. In order to demonstrate Southern California's commitment to economic recovery, SCAG has requested member cities to adopt the attached resolution of support for business - friendly principles, which has been drafted with input from member cities. Business Friendly Principles Resolution November 17, 2010 Page 2 of 2 The goal is to have all 190 cities within the region adopt the resolution of support and present at the Summit in order to demonstrate to the Governor -elect and state legislative leaders that Southern California communities are committed to working together with the state to keep businesses within California and find ways to improve economic growth. As detailed in the attached resolution, below are the business - friendly principles that the City of Baldwin Park and many local jurisdictions are currently following and support: Economic Development as a Priority City of Baldwin Park strives to demonstrate commitment to economic development as a priority. Business Partnership City of Baldwin Park strives to provide quality municipal services to attract and retain businesses and employees. Business Responsive Processes City of Baldwin Park strives to communicate effectively with businesses including processes to increases its responsiveness to businesses that are seeking or doing business within its jurisdiction (commitments include responding to business inquires within an established time period and offering an expedited permitting process for new businesses). Attractiveness to Business Investment City of Baldwin Park strives to streamline operations for efficient and responsive business assistance in areas of licensing, permitting, inspections and other municipal services and will seek to improve its attractiveness to new and existing businesses within its jurisdiction (commitment include striving to maintain competitive taxes and fees and establishing good communications with business base via newsletter or website). FISCAL IMPACT There is no financial impact to the City for adoption of this resolution. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2010 -051, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA, IN SUPPORT OF "BUSINESS-FRIENDLY PRINICIPLES" AS PART OF SCAG`S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY'. Attachments: Attachment #1 — Resolution No. 2010 -051 Resolution No. 2010 -051 RESOLUTION NO. 2010 -051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA, IN SUPPORT OF "BUSINESS - FRIENDLY PRINICIPLES" AS PART OF SCAG'S DEVELOPMENT OF A SOUTHERN CALIFORNIA ECONOMIC GROWTH STRATEGY WHEREAS, the City of Baldwin Park is a member of the Southern California Association of Governments (SCAG) who is engaged in the development of a Southern California Economic Growth Strategy; and WHEREAS, the City of Baldwin Park supports working with SCAG and other key economic stakeholders to improve the Southern California economy; and WHEREAS, the City of Baldwin Park is a business - friendly municipality and has numerous practices in place to encourage economic growth within its community; and NOW, THEREFORE, the City Council of the City of Baldwin Park DOES HEREBY RESOLVE, as follows: SECTION 1. That the City of Baldwin Park supports the following "Business - Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy: Principle One - Economic Development as a Priority City of Baldwin Park strives to demonstrate commitment to economic development as a priority. Principle Two - Business Partnership City of Baldwin Park strives to provide quality municipal services to attract and retain businesses and employees. Principle Three - Business Responsive Processes City of Baldwin Park strives to communicate effectively with businesses including processes to increases its responsiveness to businesses that are seeking or doing business within its jurisdiction (commitments include responding to business inquires within an established time period and offering an expedited permitting process for new businesses). Principle Four — Attractiveness to Business Investment City of Baldwin Park strives to streamline operations for efficient and responsive business assistance in areas of licensing, permitting, inspections and other municipal services and will seek to improve its attractiveness to new and existing businesses within its jurisdiction (commitment include striving to maintain competitive taxes and fees and establishing good communications with business base via newsletter or website). Resolution No. 2010 -051 Page 2 SECTION 2. That the City of Baldwin Park authorizes its staff to submit a copy of this resolution to SCAG in time for SCAG`s Regional Economic Summit currently scheduled for December 2, 2010. PASSED AND ADOPTED this 17th day of November, 2010 MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, LAURA M. NIETO, CMC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on November 17, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK CITY OF BALDWIN PARK BALDWIN P , A, R, K CITY COUNCIL AGENDA NOV 17 STAFFEREF TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Manager DATE: November 17, 2010 SUBJECT: Acquisition of a Portion of Verizon Property PURPOSE This report is to request the City Council's consideration of a Purchase Agreement for the acquisition of a portion of the Verizon property in order to implement the construction of a transit center public parking structure. BACKGROUND The City has been working on the construction of a transit center public parking structure to be located on the current City Hall parking lot, immediately adjacent to the Metrolink station. The parking architect evaluated the efficiency of the parking structure in various geometry and height. As a result of the evaluation and regular progress presentations to the City Council, the adopted location and footprint of the structure require the acquisition of a portion of the adjacent Verizon property. Without the acquisition, the parking structure shall rise additional stories on a smaller footprint, lack efficiency by parking fewer cars per floor and would be more expensive. The subject property is currently underutilized as a surface parking lot, mostly used for City Hall overflow customer parking and Verizon staff. Staff has had positive discussion with Verizon and reached a Purchase Agreement under negotiated terms. Staff presented regular negotiation updates to the City Council and most recently last October 3, 2010, a presentation on the upcoming acquisition report. The schedule of the acquisition of this property has been coordinated with other milestones in the construction of the structure as follows: Milestones Anticipated Date Complete schematics & parking layout October 2010 Approval of Property Acquisition November 2010 Council approval design schematics package November 2010 Award Construction Management March 2011 Award Construction Contract July 2011 Complete Construction December 2012 Purchase Agreement - Verizon Page 2 of 4 November 17, 2010 DISCUSSION ?. The subject property The subject property under the Purchase Agreement extends from Ramona Boulevard to Bogart Avenue along the western edge of the Verizon property (Attachment 1). The property includes portions of three distinct legal parcels (Attachment 2) as follows: a. Parcel APN #8554 -001 -808: This parcel is located immediately adjacent to the Verizon building and fronts Ramona Boulevard. This parcel will not be acquired in its entirety due the presence of an underground diesel tank and building access parking to a technical room to the building. Both the diesel tank and the location of the parking in relationship to the access door are required by the state law for independent emergency operation in case of major disaster. b. Parcel APN #8554- 001 -807: This parcel is located immediately adjacent to the City parking lot and fronts on Bogart Avenue. It is contiguous to the south of Parcel 808 and will be acquired in its entirety. Its access is currently open to the public for City Hall overflow parking. c. Parcel APN #8554- 001 -806: This parcel is located contiguous to the east of Parcel 807 and fronts Bogart Avenue. It will be acquired almost in its entirety except for an approximately 15 feet strip along the property line due to an underground large bundle of telephone cables that cannot be relocated. An additional approximately 20 feet easement will also be retained by Verizon along the north property line of this parcel along the existing building in order to provide truck access to a roof mounted crane and mechanical equipment. The total area of the combined parcels is 22,039 SF, including a 560 SF proposed access easement along the southern face of the existing Verizon building. 2. The Appraisal In January 2010, staff contracted with I_idgard Associates to appraise the property and provide a benchmark for negotiation with Verizon. The valuation study estimated the fair market value of the unencumbered fee simple interest of the proposed acquisition area by utilizing a sales comparison approach and considering and analyzing the highest and best use of the property. After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject underlying land parcel, as if vacant and readily available for development, is based on $28.00 per square foot of land area. That portion of the proposed acquisition area to be encumbered by a mutually beneficial ingress /egress easement has been discounted 50 %. Therefore, the value of the proposed acquisition area, considered and appraised is estimated as follows: Purchase Agreement - Verizon Page 3 of 4 November 17, 2010 Unencumbered land area 21,479 SF @ $28.00 = $601,412.00 Encumbered land area 560 SF @ $14.00 $7,840.00 Total indication of value $609,252.00 3. Environmental Assessment In March 2010, staff requested a Phase I Environmental Site Assessment (ESA) to evaluate potential soil contamination and estimate of remediation measures if necessary. Patriot Environmental Laboratory Services, Inc. (Patriot) was retained to provide the analysis which included research of historic documents as well as a series of soil borings for test sampling. Based on the analysis, the pertinent findings from the Phase I ESA are as follows: • Building permits indicate that one or more septic systems were at one time located on the site; • There is a permit to fill a cesspool at a property adjacent to the site; and, • Past use of the site include, but may not be limited to: a ceramic shop, sign construction shop; upholstery shop; cabinet manufacturer; and sheet metal shop. Also, because the City of Baldwin Park is designated as a Super Fund site, some sail and /or groundwater may contain some low level of contamination. Patriot also conducted 27 soil vapor samples at various depths throughout the site. No TPH -gI was detected above laboratory reporting limits in soil vapor sample at the site. Nine VOCs2 were detected in 26 out of 27 soil vapor samples. Concentrations of all of the analytes were below their respective commercial/industrial CHHSLs3, with the exception of benzenes, which was detected at a concentration of 13pg /I in two samples. Therefore, it is of Patriot's opinion that TPH -g and VOCs in soil vapor beneath the site are generally not a significant concern, given the proposed. land.. use, since the CHHSLs for analytes were not exceeded except for benzene in two samples. However, based on the CA Department of Human Health Services, these levels are well below the threshold of significance. Again, this is not unexpected due to the City of Baldwin Park being designated a Super Fund site. 4. Purchase Agreement Terms Staff started discussion and negotiation with Verizon in early 2010 and reached a negotiated Purchase Agreement to the benefit of both parties. The Agreement has been reviewed by the City Attorney. Major terms of the agreement specific to this acquisition are outlined below: a) Purchase Price: The total purchase price is $609,252.00 and includes: A deposit of $70,000.00 held in escrow at time of delivery of the Agreement; 1 Total Petroleu►n Hydrocarbons Gasoline 2 Volatile Organic Compounds 3 California Hunan Health Screening Levels Purchase Agreement - Verizon Page 4 of 4 November 17, 2010 • A balance payment of $539,252 to be deposited in escrow no later than 2 business day before the closing of escrow•, and, • A non - refundable $100 "Independent Consideration" for Seller's execution and delivery of the Agreement. b) Timing: • Opening of Escrow no later than 15 business day after execution of Agreement. • Closing of Escrow 30 days after opening of escrow. C) Parking Agreement: • As a condition of sale, Verizon requires a perpetual right to 30 parking spaces within 450 feet of the Verizon parcel, provided free of charge on the City newly formed parcel. FISCAL IMPACT There is no impact on the General Fund. The property acquisition related to the Transit Center is an eligible use by Propositions C funds and has been approved by the MTA (see attached approved Form A). The request to the MTA was for the appraised and agreed purchase amount of $609,252. This land acquisition counts as our local match for the Transit Center grants. The City Council previously authorized $2.5 million of Prop C funds for project construction and those funds are in the approved FY 2010 -11 budget. RECOMMENDATION Staff is recommending City Council to: 1. Approve the Purchase Agreement with Verizon; 2. Authorize the Chief Executive Officer to execute the Agreement, and, 3. Appropriate $609,252 from Prop C Fund in FY 2010 -2011 budget. Attachment 1. Proposed land area under consideration by the Purchase Agreement 2. Assessor Parcel Map 3. Form A - Approved 4. Purchase Agreement Attachment 1 Land Area G &`GyTSER f � � l � S I STORY SLDG. IBS ,i HIG' Fll ' 1 1 2 STORY BUILDING ran VARIABLE HEIGHT RE TE ' 1 ±40` HIGH ALONG RAMONA FRONTAGE I FIRST FLOOR FOO1PRiNT AREA = 22.390 SO FT VERIZON RETAINED AREA ga `9 5 p ME la' TO TOP 44,418 SF cr- t sr tF p -. N � tl5C.O. co 4 z \ PROPOSED EASEMENT AREA UI;K FUI � 1 546.7 )P OF cufta• \ \ r o SURPLUS AREA � 22,52$ SF ti FANCLUDES PROP. EASE) NCvm 7 \ \ ♦ ..i' Cif i j cj♦� / a J 9 v SM 411 i i Attachment 2 Assessor Parcel Map .aw / @®»,: , // 77� \ c.) f)! /&� k 444 �.. | [ ��- .,� -� - � \ q & q Lu �l � � • . � �� ƒ Attachment 3 Form A P - A• R� lC October 5, 2010 Ms. Susan Richan Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Subject: Form A for Proposition C Funds Dear Ms. Richan: The City of Baldwin Park requests authorization to use Local Return Proposition C funds to acquire a strip of land which is necessary to accommodate the City of Baldwin Park Transit Center. Attached is our Form A for such request. Also attached is a supplementary description and funding detail of the Transit Center project. We understand that we may not move forward and expend land acquisition funds until we provide documentation on: 1. The financial resources for the transit facility maintenance 2. Assurance of the transit carriers of continued service at the transit center location 3. Land appraisal 4. Environmental clearance We have all the above documentation, but we -would first like- to get your concurrence on the eligibility of the funds. As soon as we know, our-City Council would take action by authorizing us to submit to you the above documentation, and notifying the current property owner of our intent to initiate escrow. The land appraisal has been completed and the current property owner has already agreed in principle to the land sale. Please let us'know if you authorize using Proposition C funds to acquire the strip of land needed for this project.. Should you have any questions, please call me at (626) 813 -5251. You may also e -mail me at waalvez(cDbaldwin park. com. Thank you. Sincerely, Edwin "William" C Director of Public CITY OF 13Ai.I)Wfl PARK ' 14403 EAST PACIFfC AVENUE BALD1� IN PART: - CA • 91706 (626) 960-4011 FAX (626) 962-2625 6:1140 Ages cicslt�n'AWTA Form A Cover Lattcr 10- 05- 2010.doe Baldwin Park Transit Center October 5, 2010 The project budget is as follows: DEVELOPMENT PHASE GRANT CITY_ MATCH TOTAL Design FTA $1,024,712 $256,178 $1,280,890 Right of Way.__ Prop C L.R $609,252 $609,252 Construction FTA $886,160 $221,540 $1,107,700 MTA - PC 10% $4,187,000 $1,574,734 $5,761,734 MTA CMAQ $905,000 $905,000 $1,810,000 Total Funds $110.569.576 This request ___J Project funding has already been secured from FTA, MTA discretionary (PC10), and CMAQ funds. The Prop C "Form A" request narrative is as follows: Authorization is requested to utilize LR Prop C funds to acquire a strip of vacant land to accommodate a Parking Structure and Transit Center. The strip of land is approximately 26,130 square feet and such strip will be needed for the Parking Structure footprint and the pedestrian linkages. The Parking Structure footprint is planned to be approximately 34,800 square feet with 5 levels and a total floor area of 175,800 square feet. The financial resources for the transit facility maintenance have been established. The City is committed to continuing to operate its own Baldwin Park Transit operations with a primary rest and stop using this proposed facility. In addition, the City has already received commitments from MTA and Foothill Transit for the same. The $609,252 sales price of the strip was established after conducting and appraisal and land value analysis per the Federal standards. The environmental assessment (EA) for the Parking Structure is currently under MTA final review for approval. The EA includes the property herein sought porch using t L�-P+ jp C funds. J Edwin "William" Galve . Director of Public Works GA140 AgencieswrTAWTA Form A Cover Lefler 10- 05- 2010,doc LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Proposition A and Proposition C Local Return Program Form A PROJECT DESCRIPTION FORM (Required for all new and amended projects) [J For Bikeways and Pedestrian Improvements, Street Repair and Maintenance or Street Improvement projects (project codes 430,440 or 450), please check to indicate a Pavement Management System (PMS) Self Certification f=orm (See Appendix 111) has been submitted to Metro. Q For Intelligent Transportation Systems (ITS) projects, or projects which include an ITS element, please check box to indicate a Self Certification Form (See Appendix VI) has been completed and submitted to Metro. Director of Public Works 10/04/10 Authorized Signature I Title Crate Baldwin Park 2010 -2011 7 n;; '(et' p. �xfenslort E il9aitA%iljress Edmin "William" Gaivex (626) 960 -A011 251 wcjalvezAbaldwinpark.com Project Code: 300 Category: Transit Facility imProvernents Sequence Number: YP e: Q Capital [� Operating New ❑Revised si siari bate: 11/112010 HEs Cornpt Date-1 121112012 Project Descrlptfoii and Jitstif$catiort This is a request to authorize the use of Prop C funds for the acquisition of a strip of land which will be needed to accommodate the footprint of a Parking Structure for the Baldwin Park Transit Center including pedestrian linkages connecting transit and foot traffic on Ramona, bus transit stops, the civic center (City Hall & Police), Metrolink, and other facilities. Prop C is an eligible use for the Transit Center. Local Return is the local match for MTA grant (project FA141). See attached for additional information. Project Revenues Fund Sources () PropostionA Amount Propostlon C Amount OtherAmount Totet Local Return 609,252 `= - -` =`: "= :':" =:_ 809,252 Fare Revenues _ Other (Specify) . Total Project Revenues - 609,252 609,252 _ Apces rtiiji(yrEeaittres Foi'._154s Slop 160ov Frojeo Lh- ,}pr T Curb Cut Bus Pad Q Installation Sidewalk © Removal of sidewalk Barrier [J For Bikeways and Pedestrian Improvements, Street Repair and Maintenance or Street Improvement projects (project codes 430,440 or 450), please check to indicate a Pavement Management System (PMS) Self Certification f=orm (See Appendix 111) has been submitted to Metro. Q For Intelligent Transportation Systems (ITS) projects, or projects which include an ITS element, please check box to indicate a Self Certification Form (See Appendix VI) has been completed and submitted to Metro. Director of Public Works 10/04/10 Authorized Signature I Title Crate Form A Notificatiott Los Angeles County Metropolitan Transportation Authority Proposition A and Proposition C Local Return Program October 06, 2010 Form A 2010/2019 Notification City of Baldwin Park Project Title: Baldwin Park Transit Center Parking Structure et al Project Code: 300 Sequence No: 01 Status: New Fund Source: Proposition A. $ Proposition C: $609,262 Submitted by: Mr. William Galvez Approval Status: Approved Approval No: 9092 Approval Date: October 06, 2010 Please direct all correspondence and questions to Susan Richan at (213) 922 -3017 or email RichanS @metro.net. ° . . "*`" * * * ** "`Retain a Copy of this E -Mail for Your Records " " " * * " "** *" *' ** * *R*"** ** page I of I file : / /CADoctmietits and SettingsMi3alve7ALocal Settingffemporary Internet File- ,\OLK8... 10 /6/2014 Attachment 4 Purchase Agreement AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS This Agreement of Purchase and Sale and Escrow Instructions (the "Agreement ") is made as of , 2010 by and between Verizon California Inc., a California corporation ( "Seller "), and City of Baldwin Park, a municipal corporation ( "Buyer "). Recitals A. Seller is the owner of the "Property" (as defined in Paragraph 1.1 below) which includes approximately 22,039 square feet of land, improved with a parking lot, commonly referred to as 14436 Ramona Boulevard, Baldwin Park, California. The Property is currently part of a larger group of parcels of land owned by Seller, commonly known as APNs 8554 -001 -806, 8554- 001 -807 and 8554- 001 -808, and containing approximately 66,947 square feet in the aggregate (collectively, the "Master Parcel "). Seller is currently in the process of processing the "Subdivision Approval" (as defined in Paragraph 2.11 below) in order to legally subdivide the Property from the balance of the Master Parcel. B. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller on the terms and conditions contained in this Agreement. C. Seller will continue operating its communications business on the "Retained Parcel" (as defined in Paragraph 1.1 below) and in connection therewith, (i) Seller desires to reserve and Buyer agrees to the reservation by Seller of easements for ingress and egress purposes across portions of the Property on the terms of this Agreement and the "Reservation of Easement Agreement" (as defined in Paragraph 17 below) and (ii) Seller and Buyer desire to provide Seller and Seller's successors and assigns perpetual parking rights for thirty (30) passenger vehicles on portions of the Property or on Buyer's other parking lots in the vicinity of the Property (the "City's Parcels "), or both, pursuant to the terms of this Agreement and the "Parking Agreement" (as defined in Paragraph 18 below). THE PARTIES AGREE AS FOLLOWS: 1. Sale of Property, Purchase Price. 1.1 Sale of Property. Seller shall sell to Buyer and Buyer shall purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement: (i) a portion of the Master Parcel consisting of approximately 22,039 square feet of land located in Los Angeles County, California, the general configuration of which is shown as Parcel 1 on the site plan attached hereto as in Exhibit "1.1 A" (the "Land "); (ii) any improvements situated on the Land (the "Improvements "); and (iii) all appurtenances to the Land owned by Seller, including, without limitation, all development rights, air rights, mineral rights, water, water rights and water stock relating to the Land subject to all appurtenances associated with the Reservation of Easement Agreement and the Parking Agreement (the "Appurtenant Rights "). The final legal description of the Land will reflect the Subdivision Approval, and shall, when 110892180.4 available, be attached hereto as Exhibit "1.1 B." The Land, the Improvements, and the Appurtenant Rights are collectively referred to herein as the "Real Property." The Real Property, and the Personal Property, if any, as described in Paragraph 1.2 below are collectively referred to herein as the "Property." Seller shall retain ownership of the balance of the Master Parcel ( "Retained Parcel "). 1.2 Sale of Personal Property. Buyer acknowledges that no personal property ( "Personal Property ") is being conveyed to Buyer pursuant to this Agreement. 1.3 Purchase Price. Buyer shall pay to Seller as the total purchase price for the Property (the "Purchase Price ") the sum of $609,252 payable as follows: 1.3.1 Deposit. Buyer shall deliver the suns of $70,000 (the "Deposit ") to "Escrow Holder" (as defined in Paragraph 2.1 below) in immediately available funds concurrently with the delivery of this Agreement. Buyer acknowledges and agrees that notwithstanding the initial execution of the Agreement, no agreement shall exist between Seller and Buyer until the Deposit is delivered to Escrow Holder, and Seller shall have no obligations to Buyer with respect to the Property until the Deposit is delivered. Escrow Holder is irrevocably authorized and instructed to deliver the Deposit to Seller upon the expiration of the "Feasibility Period" (as defined in Paragraph 2.9.1 below) if Buyer has not terminated this Agreement prior to such expiration date. Buyer agrees to execute all documentation reasonably required by Escrow Holder to effectuate the release of funds in accordance with the terms of this Paragraph 1.3.1. 1.3.2 Balance. The sum of $539,252 (the `Balance "), constituting the balance of the Purchase Price, shall be deposited by Buyer in immediately available funds into Escrow no later than two (2) business days before the "Closing Date" (as defined in Paragraph 2.2 below). 1.3.3 Additional Consideration. Contemporaneously with the execution of this Agreement, Buyer hereby delivers to Seller, and Seller acknowledges receipt of, One Hundred and No /100 Dollars ($100) (the "Independent Consideration "), as the consideration for Seller's execution and delivery of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement, is nonrefundable, and shall be retained by Seller notwithstanding any other provision of this Agreement. 2. Escrow; Closing Conditions, 2.1 Escrow. No later than fifteen (15) business days after the execution of this Agreement by Buyer and Seller, Buyer and Seller shall open an escrow (the "Escrow ") with Fidelity National Title (the "Escrow Holder ") and shall deliver a frilly executed copy of this Agreement to Escrow Holder. The deposit with Escrow Holder of (1) a fiilly executed original of this Agreement and (2) the Deposit by Buyer shall constitute the opening of Escrow (the "Opening of Escrow ") and authorization to Escrow Holder to act in accordance with the terms of this Agreement. Escrow Holder's standard provisions are attached hereto as Exhibit "2.1" and shall become a part hereof, provided, however that if there is any conflict or -2- 110892180.4 inconsistency between such standard provisions and this Agreement, then this Agreement shall control. 2.2 Closing Date. Unless Buyer and Seller mutually agree on an earlier Closing Date, Escrow shall close on August 31, 2010 (the "Closing Date "), unless Seller extends the Closing Date. Buyer acknowledges and agrees that Seller shall have the right to extend the Closing Date from time to time for up to sixty (60) days upon notice to Buyer and Escrow Holder. Notwithstanding the foregoing, the "Closing" (as defined in Paragraph 2.7 below) or Close of Escrow shall not occur unless the conditions to the Close of Escrow set forth in this Agreement have been satisfied or waived, including, without limitation, (i) the conditions set forth in Paragraphs 2.9 and 2.10 below, (ii) the condition that all items described in Paragraphs 2.5 and 2.6 below shall have been deposited with Escrow Holder, and (iii) the condition that the "Title Company" (as defined in Paragraph 2.3 below) has unconditionally committed to issue the "Title Policy" (as defined in Paragraph 2.3 below), If any of such conditions have not been satisfied or waived on or before the Closing Date, this Agreement and the Escrow shall terminate; provided, however that such termination shall not affect any claims that either party may have against the other for any breach of this Agreement. If neither party is in default hereunder, upon any termination of this Agreement, the provisions of Paragraph 2.11 shall apply. 2.3 Title and Title Insurance. Seller shall convey title to the Real Property to Buyer by a grant deed in the form of Exhibit "23" attached hereto (the "Grant Deed "). At the "Close of Escrow," Fidelity National Title (the "Title Company "), shall issue through Escrow an Owner's Policy of Title Insurance (the "Title Policy ") with CLTA coverage, unless Buyer elects ALTA coverage and pays the additional cost of such coverage pursuant to Paragraph 2.4.2 below, in which event the Title Company shall issue the Title Policy with ALTA coverage, with liability in the amount of the Purchase Price, insuring fee title to the Real Property vested in Buyer, subject only to the following exceptions (the "Permitted Exceptions "): (i) the standard printed exceptions set forth in the Title Policy; (ii) general and special taxes and assessments not then delinquent or payable over time; (iii) those certain exceptions which have been approved by Buyer as provided in Paragraph 2.9.4 below; (iv) the Reservation of Easement Agreement; (v) the Parking Agreement; and (vi) any exceptions to title created by or made through Buyer. -3- 110892180.4 2.4 Costs. 2,4.1 Escrow Holder's fees with respect to the Escrow shall be shared equally by Seller and Buyer. 2.4.2 Seller shall pay the premium for a CLTA Standard Policy of Title Insurance, The additional cost for an ALTA Owner's Policy, if selected by Buyer,. and any endorsements to the Title Policy requested by Buyer shall be paid for by Buyer•. Buyer shall pay all costs and expenses, if any, incurred in connection with its obtaining a survey of the Property. 2.4,3 All expenses and charges incurred in connection with the discharge of delinquent taxes, if any, or monetary liens or monetary encumbrances on the Property, other than (a) those created by or made through Buyer, (b) bonds, taxes and assessments payable over time, except to the extent payable by Seller under Paragraph 2.4.4 below, (c) interests granting royalties to third parties, (d) liens arising out of any legal proceedings encumbering the Property, notwithstanding the fact that such liens could be discharged by the payment of money, and (e) any exception to title that cannot expressly, by its terms, be discharged by payment of money, shall be paid by Seller. 2.4.4 All installments of bonds, special taxes or assessments which are a lien on the Property and due and payable in full prior to the time of Closing shall be prorated in the manner set forth in Paragraph 2.8.1 below; provided, however, that in determining any amount payable by Seller, such assessments shall be amortized over the longest period of time permitted by the taxing authority to make such payment, even if the assessment is assessed as a lump sum. 2.4.5 Each party shall be responsible for payment of the fees and expenses of its counsel relating to this Agreement and the transactions contemplated hereby. 2.4.6 Any county documentary or transfer taxes and recording fees shall be paid by Seller. Any city documentary or transfer taxes shall be paid one -half by Buyer and one -half by Seller. 2.4.7 Any other closing costs or charges shall be paid by the party that customarily pays such costs or charges in the County of Los Angeles, California, 2.5 Deposit of Documents and Funds by Seller. Seller shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required: 2.5.1 The Grant Deed. 2.5.2 A completed California Franchise Tax Board Form 593 -W and an affidavit certifying that Seller is not a "foreign person" as defined in the Internal Revenue Code. -4- 110892180,4 Agreement. 2.5.3 An executed counterpart of the Reservation of Easement 2.5.4 An executed counterpart of the Parking Agreement. 2.5.5 All other documents as may reasonably be required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement. 2.6 Deposit of Documents and Funds by Buy. Buyer shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required: 2.6.1 The Balance plus such additional Rinds as are required to pay Buyer's costs and prorations as provided in Paragraph 2.4 above and Paragraph 2.8 below, less any credits Buyer is entitled to hereunder. 2.6.2 A completed and originally executed Preliminary Change of Ownership Report in the form required by the Los Angeles County Recorder's Office (the "Change of Ownership Report "). 2.6.3 A certified copy of resolutions of Buyer, or other documentation reasonably acceptable to the Title Company, evidencing approval by Buyer of this Agreement and the transactions contemplated hereunder (`Buyer's Resolutions "). Agreement. 2.6.4 An executed counterpart of the Reservation of Easement 2.6.5 An executed counterpart of the Parking Agreement. 2.6.6 All other fiends and documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement. 2.7 Delivery of Documents and Funds at Closing. The performance of the acts set forth in this paragraph shall constitute the "Closing" or the "Close of Escrow" as such terms are used in this Agreement. The Escrow Holder shall conduct the Closing by recording and distributing the following described documents and funds in the following manner: 2.7.1 Deliver Buyer's Resolutions to Seller. 2.7.2 Deliver to Seller on the Closing Date immediately available funds in the sum of the Balance, and such other Rinds, if any, due Seller by reason of prorations, less Seller's closing costs and prorations, if any, as provided in Paragraph 2.4 above and Paragraph 2.8 below, and any credits Buyer is entitled to hereunder. 2.7.3 Pay the costs referred to in Paragraph 2.4 above. -5- 110892180.1 2.7.4 Record the Grant Deed, the Reservation of Easement Agreement, and the Parking Agreement in the Office of the County Recorder of Los Angeles County and simultaneously deliver the Change of Ownership Report to such Office. copy to Seller. 2.7.5 Obtain and deliver the original Title Policy to Buyer and a 2.8 Prorations. 2.8.1 Taxes. Buyer hereby represents and warrants to Seller that it is a tax - exempt entity. Accordingly, proration of taxes is waived. Buyer shall cooperate with Seller or the applicable taxing authority or both in connection with any request by Seller to the applicable taxing authority for a tax refund. This provision shall survive the Close of Escrow. 2.8.2 Utilities. Escrow Holder shall prorate through Escrow, on a 365 -day basis, all water, gas, electric and other utility services, if any, on the Property. 2.9 Buyer's Conditions to Closing. Buyer shall not be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until, in addition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Buyer: 2.9.1 Evaluation of Property. On or before the expiration of the period ending August 17, 2010 (the "Feasibility Period "), Buyer, in Buyer's sole discretion, shall have approved the Property, including, without limitation, the results of all inspections, tests or studies of the Property conducted by or on behalf of Buyer. Buyer shall deliver to Seller, promptly upon receipt, copies of all written inspection results, tests and studies of the Property conducted by or on behalf of Buyer. Further, without limiting the generality of the foregoing, Buyer shall have approved the feasibility of its obtaining such governmental approvals as may be required for Buyer's proposed use of the Property, including, without limitation, any changes in zoning (the "Zoning Approvals "), and shall have delivered written notice thereof to Seller and Escrow Holder. Buyer's failure to notify Seller or Escrow Holder prior to the expiration of the Feasibility Period of Buyer's disapproval of the Property or any of Buyer's feasibility studies shall constitute Buyer's election to proceed to the Close of Escrow. All inspections, tests and studies conducted by Buyer shall be at Buyer's sole cost and expense. Buyer shall deliver to Seller copies of all applications, plans and specifications, environmental reports and other documentation for Zoning Approvals for Seller's information concurrently with Buyer's submission thereof to any applicable government authority and shall invite Seller to attend all meetings and hearings related to such Zoning Approvals. Buyer agrees that Buyer shall keep Seller reasonably informed as to the status of Buyer's progress in obtaining all Zoning Approvals. Seller shall cooperate with Buyer as reasonably requested by and at the sole expense of Buyer (and to the extent possible) for the purpose of obtaining all Zoning Approvals and permits required in connection with Buyer's proposed use of the Property; provided, however, that the effectiveness of any such Zoning Approvals affecting the Property shall be expressly conditioned upon the occurrence of the Close of Escrow and shall not be binding upon Seller. M 110892180.4 2.9.2 Related Documents. Promptly following the execution of this Agreement by Buyer and Seller, Seller shall make available to Buyer copies of any technical studies or reports in Seller's possession and which are located at the office of (1) Seller's Broker, (2) Verizon Real Estate Portfolio Management in Irvine, California, and (3) Verizon Environmental Management regarding the environmental, seismic, or geological condition of the Property. Seller (a) has not independently investigated any information included in such studies or report; and (b) has not made and does not make any representations or warranty regarding the truth, accuracy or completeness of the information made available to Buyer. Seller shall use commercially reasonable efforts to make the documentation described above available to Buyer; provided, however that Buyer acknowledges and agrees that despite Seller's commercially reasonable efforts to make the documentation described herein available to Buyer, documents may inadvertently not be provided to Buyer, and Buyer shall make its own independent inspection of the Property in the manner set forth in Paragraph 5 below. Notwithstanding anything to the contrary contained in this Paragraph 2.9.2, Seller does not represent or warrant that any such studies or reports exist or are in Seller's possession, and Buyer assumes the entire risk of any inadvertent failure by Seller to deliver any documents to Buyer. 2.9.3 Evaluation of Title Report. Promptly following the execution of this Agreement by Buyer and Seller, the Title Company shall have delivered to Buyer a preliminary title report issued by the Title Company (the "Preliminary Report ") for the Property (as well as copies of all title documents referred to therein). 2.9.4 Title Review. Buyer shall not have disapproved the Preliminary Report prior to the expiration of the Feasibility Period. 2.9.5 Issuance of Title Policy, The Title Company shall have issued the Title Policy as of the Close of Escrow. 2.9.6 Waiver. The foregoing conditions set forth in Paragraphs 2.9.1, 2.9.2, 2.9.3, 2.9.4 and 2.9.5 above are for the benefit of Buyer, and may be waived by Buyer in writing delivered to Seller and Escrow Holder. In satisfying the foregoing conditions, Buyer and Seller shall each exercise good faith, reasonableness and diligence. However, decisions authorized to be made in the sole discretion of either Buyer or Seller shall be final and not subject to review or challenge on any basis. 2.10 Seller's Conditions to Closing. Seller shall not be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until, in addition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Seller: 2.10.1 Form of Reservation of Easement Ap;reernent. Prior to the expiration of the Feasibility Period, Buyer and Seller shall have agreed upon the form of the Reservation of Easement Agreement, which form shall be mutually acceptable to Seller and Buyer. 2.10.2 Agreement and Reservation of Easements. At or prior to the Closing Date, Buyer and Seller shall have executed in recordable form the Reservation of 7 114892180,4 Easement Agreement, which shall be in the form attached hereto as Exhibit "17." The Reservation of Easement Agreement shall be recorded concurrently with the Parking Agreement and the Grant Deed and prior to any encumbrances placed on the Property by Buyer. 2.10.3 Form of Parking_ Agreement. Prior to the expiration of the Feasibility Period, Buyer and Seller shall have agreed upon the form of the Parking Agreement, which form shall be mutually acceptable to Seller and Buyer. 2.10.4 Parking Agreement. At or prior to the Closing Date, Buyer and Seller shall have executed in recordable form the Parking Agreement, which shall be in the form attached hereto as Exhibit "18" The Parking Agreement shall be recorded concurrently with the Reservation of Easement Agreement and the Grant Deed and prior to any encumbrances placed on the Property by Buyer. 2.10.5 Form of Zoning Determination, Prior to the expiration of the Feasibility Period, Seller shall have approved the form of the "Zoning Determination" (as defined in Paragraph 18 below), which form shall be acceptable to Seller in its sole and absolute discretion. 2.10.6 Zoning Determination. At or prior to the Closing Date, Buyer shall have executed and delivered the Zoning Determination to Seiler. 2.10.7 Performance of Obli atg ions. At or prior to the Closing Date, Buyer shall have performed all of Buyer's obligations herein that are to be performed prior to the Closing. 2.10.8 Waiver. It is hereby understood that the conditions set forth in Paragraphs 2.10.1 through 2.10.7 above are for the benefit of Seller and may be waived by Seller in writing delivered to Buyer and Escrow Holder. In satisfying the conditions in this Paragraph 2. 10, Seller and Buyer shall each exercise good faith, reasonableness, and diligence. However, decisions authorized to be made in the sole discretion of either Buyer or Seller shall be final and not subject to review or challenge on any basis. 2.11 Mutual Condition to Closing. Neither Buyer nor Seller shall be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until in addition to all other conditions contained in this Agreement, on or before the Closing, Seller shall have obtained all necessary governmental approvals to legally subdivide the Property from the balance of the Master Parcel (the "Subdivision Approval "), which Subdivision Approval and any conditions (the "Subdivision Conditions ") shall be satisfactory to Seller in its sole and absolute discretion. Seller currently contemplates that the Subdivision Approval shall consist primarily of a certificate of compliance or one or more lot line adjustments or lot mergers or a combination of the foregoing which will legally separate of the Property from the balance of the Master Parcel, substantially as shown on the site plan attached hereto as Exhibit "1,1A." Buyer hereby approves the conf guration shown in the site plan attached hereto as Exhibit "1.1 A." Buyer shall be responsible for complying with all Subdivision Conditions relating to the Property at Buyer's sole cost and expense. Buyer shall (i) cooperate with Seller as reasonably requested by Seiler for the purpose of obtaining the Subdivision Approval and (ii) to the extent of its -8- uos9aiso.a authority, use its best efforts to expedite the completion of the Subdivision Approval, provided that upon the election of Seller, the effectiveness of the Subdivision Approval shall be expressly conditioned upon the occurrence of the Close of Escrow and shall not be binding upon Seller. Seller shall have sole discretion to determine whether the Subdivision Approval can be obtained on terms acceptable to Seller. Seller shall have sole discretion to determine the specific configuration of the Subdivision Approval, including the exact configuration of the Land and of the Retained Parcel; provided, that (y) the land area of the Property shall be approximately 22,039 square feet and (z) the configuration of the Property following the Subdivision Approval shall be generally as shown in the Site Plan attached as Exhibit "l.1A" hereto. In obtaining the Subdivision Approval, Seller shall obtain a revised site plan showing the new property lines to be drawn such that the Land is described and shown as a separate legal lot substantially as set forth in the Site Plan attached as Exhibit "1.1A" hereto. The parties acknowledge and agree that as soon as it is available, but not later than the Closing Date, a legal description of the Land will be initialed by Buyer and Seller and shall replace Exhibit "1.1A" and be attached hereto as Exhibit "1.1B." Buyer shall affirmatively covenant to the governmental entity issuing such approvals and Seller that following the Close of Escrow, it will satisfy all conditions imposed by the governmental entity with respect to the Property, and provided, further, that Buyer shall indenmify and hold Seller harmless from and against any and all losses, claims, damages, liabilities, or costs of any kind (including without limitation reasonable attorneys' fees) arising out of or relating in any way to the satisfaction (or non - satisfaction) of any of such approved conditions imposed by the governmental entity. Each party shall bear its own attorneys' fees in connection with the processing of the Subdivision Approval. The conditions set forth in this Paragraph 2.11 are for the benefit of both Buyer and Seller and cannot be waived by either party. The provisions of this Paragraph shall survive the Close of Escrow. 2.12 Termination. Upon any termination of this Agreement and the Escrow (if applicable) for any reason, including the inability of Seller to obtain the Subdivision Approval as required under Paragraph 2.11 above and other than either party's default hereunder, (i) each party shall execute such documents as Escrow Holder may reasonably require to evidence such termination, (ii) Escrow Holder shall charge its fees and expenses to both parties equally, (iii) subject to the provisions of Paragraph (ii) above, Escrow Holder shall return all documents and funds to the party who deposited them, (iv) Buyer shall return to Seller all documents delivered to it by Seller relating to the Property, (v) Buyer shall deliver to Seller all Documents Relating to the Property, as defined in Paragraph 11 below, (vi) Seller shall return to Buyer any portion of the Deposit previously delivered to Seller, and (vii) all obligations of either party relating to this Agreement and the Property shall terminate. 3. Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer that, unless otherwise provided, at the date of execution hereof and at and as of the Closing Date: 3.1 Corporate Existence and Authority. Seller is a corporation (i) validly existing and in good standing under the laws of the State of California; and (ii) duly authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement. This Agreement and all agreements, instruments and documents herein IRA 110892180.4 provided to be executed or to be caused to be executed by Seller are duly executed by and binding upon Seller. Each individual executing this Agreement on behalf of Seller represents and warrants that he or she is duly authorized to execute and deliver this Agreement on Seller's behalf. 3.2 Non - Foreign Person. Seller is not a "foreign person" within the meaning of Internal Revenue Code § 1445. 4. Buyer's Representations and Warranties. Buyer hereby represents and warrants to Seller that at the date of execution hereof and at and as of the Closing Date, Buyer is a municipal corporation (i) validly existing and in good standing under the laws of the state of its incorporation and the State of California; and (ii) duly authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement. This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by Buyer are duly executed and binding on Buyer. Each individual executing this Agreement on behalf of Buyer represents and warrants that he or she is duly authorized to execute and deliver this Agreement on Buyer's behalf. Buyer fiirther represents and warrants (a) without obtaining any further approvals of any kind Buyer has the authority to enter into the Parking Agreement and the Zoning Determination and (b) the Parking Agreement and the Zoning Determination are and will be valid and binding obligations, enforceable by their terms. The provisions of the penultimate sentence of this Paragraph shall survive the Close of Escrow and shall not merge with the Grant Deed. 5. Buyer's Examination of the Pro ert Except as provided in Paragraph 3 of this Agreement, Seller makes no representation or warranty respecting the Property, or any portion thereof, or otherwise in connection with the transaction contemplated hereby. Without limiting the generality of the foregoing, Buyer hereby acknowledges and agrees that Buyer will be purchasing the Property "AS IS" with all faults, without representation, warranty or guarantee of any kind, either express or implied, including, without limitation, any warranty of condition, merchantability, habitability or fitness for a particular use or purpose or the value, accuracy of information, marketability, prospects for fixture development, use or occupancy, except as provided in Paragraph 3 above, and more specifically that; (1) Prior to the Close of Escrow, Buyer will have made its own independent investigation of the Property and all other aspects of this transaction, including, without limitation, the financial value of the Property and projected future income and expenses for the Property, and has relied entirely thereon and on the advice of its independent consultants (if any) in entering into this Agreement, and not on any information or material supplied by or on behalf of Seller. (ii) Prior to the Close of Escrow, Buyer will have reviewed all instruments, records and documents which Buyer deemed appropriate or advisable to review in connection with the Property and this transaction, and Buyer will have determined that the information and data contained therein or evidenced thereby was satisfactory to Buyer. - la - 110892180,4 (iii) Seller makes no representation or warranty with respect to the zoning or permitted use of any portion of the Property. (iv) Prior to the Close of Escrow, Buyer will be fully satisfied that the Purchase Price is fair and adequate consideration for the Property. (v) Subject to the conditions, covenants, representations and warranties of the parties set forth herein, notwithstanding any adverse effect on the marketability, desirability or value of the Property or any portion thereof which occurs between the execution of this Agreement and the Closing Date, including, without limitation, any adverse effect arising from or related to any changes or proposed changes to any governmental laws, ordinances, statutes, rules or regulations, the transactions contemplated by this Agreement shall be consummated on the terms and conditions contained herein. (vi) Buyer acknowledges receipt of those certain Property Risk Natural Hazard Disclosure Reports ( Report Nos.: 736792, 736796, and 736790) prepared by JCP -LGS Commercial Property Disclosure Reports, dated April 19, 2010. 6. Hazardous Material, 6.1 Definition of Hazardous Material. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "Hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 4 of Title 22 of the California Administrative Code, Division 4.5, Chapter 11, (viii) defined as a "hazardous waste," "hazardous substance" or similar term under the Federal Water Pollution Control Act (33 U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903), (x) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601), or (xi) which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law. 6.2 Presence of Hazardous Material. Buyer acknowledges that the Property may or may not contain certain Hazardous Materials and that Seller makes no representation or warranty to Buyer regarding the presence or absence of any Hazardous - 11 - 110892180,4 Materials on or under the Property. It shall be Buyer's responsibility under this Paragraph 6 to examine the Property and to review such reports or other documents it deems necessary to satisfy itself as to the presence or absence of any such Hazardous Materials. 6.3 Rip-lit to Inspect. Prior to the expiration of the Feasibility Period, Buyer shall have the right, at its cost and expense, to conduct such physical inspections of the Property as necessary in order to determine the presence or absence of Hazardous Material on or under the Property. Such inspections by Buyer shall not interfere with the ongoing operations at the Property, shall be conducted at reasonable times and under reasonable circumstances and shall be subject to the prior approval of Seller. Buyer shall promptly deliver the results of such inspections to Seller. 6.4 Cleanup of Hazardous Material. If, prior to the expiration of the Feasibility Period, either Seller or Buyer determines that a legally unacceptable level, according to applicable govermmental standards, of Hazardous Material exists on or under the Property, then Buyer may, in Buyer's sole discretion, terminate this Agreement. In such case, Buyer shall bear its own inspection costs, and the provisions of Paragraph 2.11 shall apply. If Buyer elects not to so terminate this Agreement, then Seller may, in Seller's sole discretion, either (1) terminate this Agreement, in which event the provisions of Paragraph 2.11 shall apply, or (2) commence to remove such Hazardous Material from the Property in which event the Close of Escrow shall be delayed until following Seller's completion of such removal. If Seller commences to remove such Hazardous Material, Seller shall thereafter diligently proceed with such removal at Seller's sole cost and expense, and in accordance with all applicable laws, rules, and regulations. 6.5 Buyer's Inspection. If Seller elects to remove such Hazardous Material pursuant to Paragraph 6.4 above, upon completion of such removal, Seller shall deliver to Buyer and to Escrow Holder notice stating that such removal has been completed. Within thirty (30) days following Buyer's receipt of such notice, Buyer shall inspect the Property in order to determine the presence or absence of Hazardous Material on or under the Property; provided, however, that Seller shall have the right to reasonably approve Buyer's agent who is to conduct such inspection. If such inspection reveals that the level of Hazardous Material remaining on or under the Property is at or less than the allowable level under applicable governmental rules or regulations, then Buyer shall be obligated to proceed to the Close of Escrow, and the Close of Escrow shall occur upon the first to occur of (1) the Closing Date, if such removal of Hazardous Material is completed at such time, or (2) within two (2) weeks following Buyer's inspection. 6.6 Indemnification. If the parties proceed to the Close of Escrow, Buyer shall indemnify, defend and hold Seller harmless from any and all claims, demands (including demands by any governmental agency), liabilities, costs, expenses, penalties, damages, losses and liens, including without limitation reasonable attorneys' fees, arising out of or with respect to (1) Hazardous Material on or under the Property, or migrating to or from the Property at the Close of Escrow or released on or under the Property subsequent thereto, and (2) any clean -up of any and all Hazardous Material which might remain or subsequently be -12- 110892180.4 placed on or under the Property. The indemnity provided for herein shall survive the Close of Escrow hereunder and shall not be merged into the Grant Deed. 6.7 Release. If the parties proceed to the Close of Escrow, then: 6.7.1 Buyer and its employees, contractors, agents, and each of them, and its successors, assigns, heirs, devisees and executors, agree to forever release, discharge and acquit Seller and its parent, subsidiary and /or affiliate corporations, partnerships (general and limited), partners, directors, officers, shareholders, and employees, and each of them (collectively, "Releasces "), of and from any and all claims, demands, obligations, liabilities, indebtedness, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, costs, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses, of every type, kind, nature, description or character (including without limitation reasonable attorneys' fees) (collectively "Claims "), and irrespective of how, why or by reason of what facts, whether heretofore or now existing, or which could, might or may be claimed to exist in the fixture, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, each as if fully set forth herein at length, which in any way arise out of, or are connected with or relate to (1) any Hazardous Material on or under the Property, or migrating to or from the Property, at the Close of Escrow or released on or under the Property subsequent thereto, and (2) any required clean -up of any and all Hazardous Material which might remain or subsequently be placed on or under the Property, including without limitation any personal injuries suffered by any person or persons. The release provided for herein shall survive the Close of Escrow hereunder and shall not be merged into the Grant Deed, 6.7.2 Buyer and its successors, assigns, heirs, devisees and executors, agrees, represents and warrants that the matters released in Paragraph 6.7.1 hereof are not limited to matters which are known or disclosed, and hereby waives any and all rights and benefits which it now has, or in the Riture may have, conferred upon it by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Buyer's Initials Buyer also further expressly waives and relinquishes all statutes, rights, remedies and benefits of all other jurisdictions, state and federal, which are all of the same or similar impart or effect as Section 1542 of the California Civil Code. Buyer's Initials \10892180.4 -13- In connection with the release contained in Paragraph 6.7.1, Buyer agrees, represents and warrants that it realizes and acknowledges that factual matters now unknown to it may have given or xnay hereafter give rise to Claims which are presently unknown, unanticipated and unsuspected, and further agrees, represents and warrants that the release contained in Paragraph 6.7.1 has been negotiated and agreed upon in light of that realization and that it nevertheless hereby intends to release, discharge and acquit Seller and Releasces from any such unknown Claims to the extent provided herein. 6.7.3 Buyer hereby agrees, represents and warrants that it has had advice of counsel of its own choosing in negotiations for and the preparation of this Agreement (including, without limitation, Paragraphs 6.7.1 and 6.7,2 herein), that it has read Paragraph 6.7.1 hereof and Paragraph 6.7.2, that it has had such Paragraphs fully explained by such counsel, and that it is fully aware of their contents and legal effect. 6.7.4 Buyer acknowledges and agrees that no employee, agent, legal counsel, or other representative of Seller, including Seller's Broker (as defined below) has been authorized to make, and in executing this Agreement Buyer has not relied upon, any statement of Seller, Seller's employees, agents, Seller's Broker, or legal counsel, and should Buyer be mistaken in its belief with regard to some issue of fact or law regarding the matters herein released, it specifically agrees to assume the risk of such mistake, if any exists. Buyer hereby acknowledges that Buyer is capable of performing or causing to be performed a thorough and independent investigation, analysis and evaluation of the Property and all other aspects of the transaction contemplated by this Agreement, and that it has had an opportunity to make, and to have its experts make its and their investigation regarding the matters herein released and all laws, rules and regulations related thereto. 7. Removal of Personal Property. Prior to the Close of Escrow, Seller shall remove from the Property any items of personal property owned by Seller. Such removal shall not affect the amount of the Purchase Price or any other terms or conditions of this Agreement. 8. Entry. 8.1 Right of Entry. Buyer and its representatives, employees, contractors, agents and designees shall have the right to enter upon the Property, at Buyer's sole cost and expense, in order to inspect and investigate the Property and to conduct any and all surveys, tests and studies Buyer deems necessary or convenient, provided that Buyer shall immediately restore any damage done to the Property as the result of any such tests, surveys or studies. Prior to any entry upon the Property, Buyer shall designate in writing to Seller one or more representatives of Buyer who shall accompany any of such persons each time they enter upon the Property. Such entry or review shall be made only after reasonable advance written notice to Seller by Buyer (in no event less than 24 hours advance notice) and at times reasonably acceptable to Seller. Prior to any such entry onto the Property, Seller may designate one or more representatives of Seller to accompany Buyer and Buyer's consultant(s) each time they enter upon the Property. Buyer acknowledges and agrees that any soil samples taken from the Property on Buyer's behalf shall be taken via the split sample method and Buyer or Buyer's consultant(s) shall immediately provide Seller with a portion of the sampled soil for Seller's -14- 110892180.4 independent analysis. Buyer shall indemnify and defend Seller against and hold Seller and the Property free and harmless from any and all claims, demands, liabilities, costs, expenses, penalties, damages, losses and liens, including without limitation, reasonable attorneys' fees, arising out of any such entry by Buyer or its representatives, employees, agents, contractors or designees. The indemnity provided for herein shall survive the termination of this Agreement or the Close of Escrow hereunder and shall not be merged into the Grant Deed. The inspections of the Property shall be subject to the terms of this Paragraph 8 and shall be considered entries upon the Property for the purposes of this Paragraph 8. 8.2 Insurance. Commencing with Buyer's execution of this Agreement and at all times prior to the Close of Escrow, Buyer shall have in effect worker's compensation and employer's liability insurance with statutory limits of coverage as required by law, and with a limit of liability of at least $1,000,0001$2,000,000 each occurrence /aggregate, and commercial general liability insurance naming Seller as an additional insured, with limits of not less than $1,000,000 each occurrence, with $2,000,000 aggregate for bodily injury, including death resulting therefrom, and broad form property darnage, including collapse and underground property damage, and (b) waiver of subrogation. Prior to entering the Property, Buyer shall deliver to Seller certificates of insurance evidencing such coverage and further evidencing that such coverage may only be terminated or modified upon thirty (30) day's prior written notice to Seller. These covenants in this Paragraph 8 shall survive the Close of Escrow and shall not be merged into the Grant Deed. 9. Condemnation; Damage and Destruction. 9.1 Condemnation, This Agreement is subject to the provisions of California Civil Code Sections 1662 (the "Statute "). For the purposes of the Statute, a taking by eminent domain of a portion of the Property shall be deemed to affect a "material part" if the taking exceeds ten percent (10 %) of the gross land area of the Land. It is hereby understood that in the event of a taking of a "material part" of the Property, then Buyer shall not be obligated to proceed to the Close of Escrow hereunder. In the event of such a condemnation of less than a "material part," Buyer and Seller shall, nonetheless, proceed to Closing without reduction or abatement of the Purchase Price, but Seller shall assign to Buyer all of Seller's right to recover from the condemning authority at the Close of Escrow. Seller agrees that it will, both before and after the Closing Date, execute such documents or instruments and further assurances as Buyer may reasonably request in order to facilitate such recovery by Buyer and Seller will cooperate in any manner reasonably requested by Buyer. Any such assignment shall be without representation or warranty by Seller. 9.2 Damage and Destruction. Notwithstanding anything to the contrary contained in this Agreement, regardless of whether all or any portion of the Improvements are damaged or destroyed prior to the Close of Escrow, Buyer and Seller shall nonetheless proceed to Closing without abatement of the Purchase Price. Buyer and Seller hereby waive the provisions of subsection (a) of the Statute with respect to damage and destruction. -15- 110842180.4 10. Delivery of Possession. Subject to the rights of all tenants on the Property, if any, and the rights of Seller and /or Seller's affiliates, successors, or assigns pursuant to the Reservation of Easement Agreement and the Parking Agreement, Seller shall deliver possession of the Property to Buyer at the Close of Escrow. 11. Delivery of Documents Relating to the Property_. Within ten (10) days after the termination of this Agreement and the Escrow (if applicable) for whatever reason, Buyer shall deliver to Seller, without warranty and to the extent assignable by Buyer, at no cost to Seller, (a) all technical data prepared or obtained by Buyer, its agents or contractors in connection with the Property, including, but not limited to, land plans, maps, engineering studies, soils studies, geological studies and other engineering information in Buyer's possession or under Buyer's control, (b) all written documentation prepared or obtained by Buyer or filed with the applicable governmental authority in connection with the Zoning Approvals, including without limitation, applications, plans and specifications and environmental reports, and (c) all other written information relating to the Property in any manner whatsoever that is in Buyer's possession or under Buyer's control, including without limitation, appraisals, drawings and sketches, memoranda, construction documents, reports, studies and other technical or business information ((a), (b), and (c) are collectively referred to herein as, "Documents Relating to the Property "). All Documents Relating to the Property shall be the property of Seller; provided, however, that Buyer hereby confirms to Seller that all Documents Relating to the Property prepared by Buyer's independent consultants are assignable to Seller. Buyer shall keep and shall require its agents to keep all such information confidential both prior to and after any termination of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if this Agreement is terminated in accordance with Paragraph 2.11 above, Seller shall not be required to deliver any portion of the Deposit previously delivered to Seller or any other funds to which Buyer is entitled and Escrow Holder is irrevocably authorized and instructed not to deliver the Deposit or any other funds to which Buyer is entitled until Buyer has complied with the obligations set forth in this Paragraph 11. 12. Commissions. Buyer and Seller represent and warrant to one another that no broker, salesman or finder has been engaged by them in connection with the transactions contemplated by this Agreement other than CB Richard Ellis, Inc. representing Seller ( "Seller's Broker "). In the event of a claim for brokers' or finders' fees or commissions in connection with the negotiation or execution of this Agreement or the transactions contemplated hereby, Seller shall indemnify, hold harmless and defend Buyer from and against such claim if it shall be based upon any statement, representation, or agreement alleged to have been made by Seller (including any claim asserted by Seller's Broker), and Buyer shall indemnify, hold harmless and defend Seller if such claim shall be based upon any statement, representation, or agreement alleged to have been made by Buyer. 13. LIQUIDATED DAMAGES. 13,1 BUYER'S DEFAULT. NOTWITHSTANDING ANY OTHER PROVISION HEREIN CONTAINED, IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED BY REASON OF ANY DEFAULT BY BUYER, THEN SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES FROM BUYER IN THE AMOUNT OF THE 1g \1089M OA DEPOSIT ($70,000). BUYER AND SELLER HEREBY ACKNOWLEDGE THAT SELLER'S DAMAGES WHICH WOULD RESULT FROM BUYER'S FAILURE TO ACQUIRE THE PROPERTY FOR ANY REASON ARE IMPRACTICABLE, AND EXTREMELY DIFFICULT TO ASCERTAIN, AND THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF SUCH DAMAGES. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES FOR THE BREACH OF BUYER'S OBLIGATION TO PURCHASE THE PROPERTY UNDER THIS AGREEMENT IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THE PARTIES HAVE SET FORTH THEIR INITIALS BELOW TO INDICATE THEIR AGREEMENT WITH THE LIQUIDATED DAMAGES PROVISION CONTAINED IN THIS PARAGRAPH, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVISIONS OF THIS PARAGRAPH ARE NOT INTENDED AND SHALL NOT BE CONSTRUED TO LIMIT OR NEGATE BUYER'S INDEMNIFICATION OBLIGATIONS AS SET FORTH ELSEWHERE IN THIS AGREEMENT. Seller's Initials Buyer's Initials 13.2 SELLER'S DEFAULT. NOTWITHSTANDING ANY OTHER PROVISION HEREIN CONTAINED, IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED BY REASON OF ANY DEFAULT BY SELLER, THEN BUYER SHALL BE ENTITLED, AS ITS SOLE AND EXCLUSIVE REMEDY, WHETHER AT LAW OR IN EQUITY, TO TERMINATE THIS AGREEMENT AND RECOVER ITS DEPOSIT AND ITS ACTUAL, REASONABLE, OUT -OF- POCKET EXPENSES INCURRED IN CONDUCTING ITS DUE DILIGENCE INVESTIGATION OF THE PROPERTY IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS ($70,000). BUYER SHALL NOT BE ENTITLED TO RECORD A LIEN OR LIS PENDENS AGAINST THE PROPERTY. Seller's Initials Buyer's Initials 14. Attorneys' Fees. If any action or proceeding shall be brought by either party in order to enforce the provisions of this Agreement, or to collect damages as a result of the breach of any of the provisions of this Agreement, whether or not such action or proceeding is pursued to a judgment, the prevailing party shall be entitled to recover all reasonable attorneys' fees incurred in connection therewith, including costs. 15. Notices. Whenever Escrow Holder or any party hereto shall desire to deliver to the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery, by registered or certified United States mail, return receipt requested, or by overnight courier, postage prepaid, or by facsimile, addressed as follows: TO SELLER: VERIZON CALIFORNIA INC. -17- 110892180.4 c/o Verizon Corporate Real Estate 15505 Sand Canyon Avenue Irvine, CA 92618 Attention: Tony Wallace VSO Real Estate Fax No. 949- 286 -7410 WITH COPIES TO: McGuireWoods LLP 1800 Century Park East, 8'" Floor Los Angeles, CA 90067 Attention: Joan A. Wolff, Esq, Fax No. 310- 315 -8210 CB Richard Ellis, Inc. e/o Verizon Corporate Real Estate 112 S. Lakeview Canyon Rd. (CA501 CW) Thousand Oaks, CA 91362 Attention: Karalyn S. Lucci Fax No. 805- 379 -1454 TO BUYER: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Vijay Singhal, Chief Executive Officer Telephone No. 626- 960 -4011, ext. 482 Fax No. 626 - 337 -2965 WITH A COPY TO: Aleshire & Wynder, LLP 1515 W. 190'h Street, Suite 565 Gardena, California 90248 -4946 Attention: Joseph W. Pannone Telephone No. 310 -527 -6663 Fax No. 310- 532 -7395 TO ESCROW HOLDER: Fidelity National Title Company 915 Wilshire Boulevard, Suite 2125 Los Angeles, CA 90017 Attention: Linda Kane, Escrow Officer Fax No. 213 -689 -9330 Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery or refilsal to accept as shown by the addressee's return receipt. If the date on which any notice required to be delivered hereunder falls on a weekend or legal holiday, then such notice may be delivered on the next business day immediately following such weekend or holiday. If the date of Closing, or any other date, such as the expiration of the Feasibility Period fall on a weekend or legal holiday, then such date shall automatically be extended to the next _lg_ 110892180.4 business day iinrnediately following such weekend or holiday. The foregoing addresses may be changed by notice given in accordance with this Paragraph IS. 16. Amendment, Complete Agreement. All amendments and supplements to this Agreement must be in writing and executed by Buyer and Seller. All understandings and agreements between the parties (including any printed offer of sale provided by Seiler to Buyer) regarding the Property are merged in this Agreement, which alone fully and completely expresses the agreement of the parties regarding the Property. This Agreement has been entered into after full investigation of the facts by both parties and neither party has relied on any statement or representation not embodied in this document. This Agreement has been drafted through a joint effort of the parties and their counsel and therefore shall not be construed against either of the parties as the draftsperson. 17, Reservation of Easement Agreement. Buyer acknowledges and agrees that after the Close of Escrow, Seller intends to continue its current business operations on the Retained Parcel and in connection therewith, Seller shall reserve, for the benefit of the Retained Parcel, certain easements pursuant to which Seller shall reserve, at no cost to Seller, ingress and egress rights across portions of the Property. Buyer and Seller shall execute in recordable form an Agreement and Reservation of Easements (the "Reservation of Easement Agreement "), pursuant to which Seller shall reserve for itself and its successors and assigns the aforementioned easement rights. The Reservation of Easement Agreement shall also contain Buyer's agreement to prevent or repair vandalism to the Retained Parcel. The Reservation of Easement Agreement shall be presented to Buyer by Seller after the full execution of this Agreement. The parties acknowledge and agree that as soon as it is available, but not later than the expiration of the Feasibility Period, the agreed upon form of Reservation of Easement Agreement shall be initialed by Buyer and Seller and shall be added as Exhibit "17" hereto. Buyer acknowledges that Seller is in the process of determining the full scope of the required easements. Seller and Buyer shall execute and deliver the Reservation of Easement Agreement as set forth in Paragraph 2 above. 18. Parking Agreement,, Zoning Determination. In connection with any existing or future use of the Retained Parcel by Seller or its successors or assigns, Buyer and Seller agree Seller shall have certain perpetual parking rights pursuant to which Seller shall have the perpetual right, at no cost to Seller, (i) of ingress and egress across portions of the Property or the City's Parcels or both for parking purposes and (ii) parking rights on the Property or the City's Parcels or both for thirty (30) parking spaces to be provided by Buyer on the Property or the City's Parcels or both (the "Parking and Access Rights "). The Parking and Access Rights shall be for the sole purpose of Seller and its successors and assigns to park passenger vehicles used by the occupants of and visitors to the Retained Parcel. Any such parking not on the Property shall be provided within [four hundred fifty (450) feet] of the perimeter of the Retained Parcel. The parties agree and understand Buyer intends to construct on the Property a parking structure and during such construction, parking may not be available to Seller on the Property but parking will be available to Seller on the City's Parcels. Buyer and Seller shall execute in recordable form an Agreement for Perpetual Parking and Access Rights (the "Parking Agreement "), to provide Seller and Seller's successors and assigns, the Parking and Access Rights. Buyer acknowledges that there will not be an adequate remedy at law for noncompliance mom 110842180.4 with the provisions of the Parking Agreement and therefore, Seller or its successors or assigns shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance, except that Buyer shall not be required to forfeit its title to the Property. The Parking Agreement shall be presented to Buyer by Seller after the full execution of this Agreement. The parties acknowledge and agree that as soon as it is available, but not later than the expiration of the Feasibility Period, the agreed upon form of Parking Agreement shall be initialed by Buyer and Seller and shall be added as Exhibit "18" hereto. Seller and Buyer shall execute and deliver the Parking Agreement as set forth in Paragraph 2 above. Buyer shall grant a zoning determination for the benefit of Seller, Sellers successors -in- interest, and the Retained Parcel, in form and substance satisfactory to Seller in Seller's sole and absolute discretion, which zoning determination shall confirm that (a) the Retained Parcel may continue to be used as currently legally permitted without the need for additional parking spaces outside of the Retained Parcel and (b) the parking spaces that will be available to Seller and Seller's successors -in- interest pursuant to the Parking Agreement may be used as credit and applied toward satisfying the Retained Parcel's or any of Seller's or its successor's on -site parking code requirements applicable to any current use, future use, or ftiture redevelopment of the Retained Parcel (the "Zoning Determination "). The Zoning Determination shall be presented to Seller, for Seller's approval, by Buyer promptly after the Rill execution of this Agreement, but not later than the expiration of the Feasibility Period. Buyer shall execute and deliver the Zoning Determination as set forth in Paragraph 2.10.5 above. The provisions of this Paragraph 18 shall survive the CIosing and shall not merge with the Grant Deed. 19. Governing Law. This Agreement shall be governed under the laws of the State of California. 20. Counterparts, Headings and Defined Terms. This Agreement may be executed in several counterparts each of which shall be an original, but all of such counterparts shall constitute one such Agreement. The headings used herein are for convenience only and are not to be construed to be part of this Agreement. For the purposes of this Agreement, (a) the term "including" means "including without limitation," and (b) when a time period is specified in this Agreement for the performance of an act or the occurrence of an event, "days" shall mean "calendar days," unless otherwise specified herein. 21. No Offer. Submission of this Agreement for examination or signature by Buyer is not effective as an agreement to sell the Property or otherwise until execution by and delivery to both Buyer and Seller of an original of this Agreement. 22. Time of the Essence. Time is of the essence of this Agreement. 23. Waiver. The waiver by one patty of performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered to be a waiver by it of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. Except as specifically provided in Paragraph 13 above, the exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law. -20- 110892180.4 24. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 25. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the Escrow on written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability, and the provisions of Paragraph 2.11 above shall apply. 26. Tax - Deferred Exchange. Each party shall reasonably cooperate with the other if such other party elects to either acquire the Property or convey the Property in connection with a tax - deferred exchange within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, provided that (a) either party's election to effect a tax - deferred exchange shall not create any additional conditions to the Close of Escrow or extend the Closing Date; and (b) Seller shall not be obligated in any event to take or receive title to any other real property in connection with such exchange. Any such exchange shall be accomplished by supplemental instructions, exchange documents and an exchange accommodator, if any, reasonably acceptable to both parties. The party electing to enter into a tax - deferred exchange shall indemnify and hold the other party harmless from and against any and all liens, claims, damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to the cooperating party's participation in the tax - deferred exchange contemplated by this Paragraph. The Close of Escrow shall not be conditioned on the closing of any proposed tax - deferred exchange, and if such proposed tax - deferred exchange is not in a position to close concurrently with the Close of Escrow, Buyer shall nevertheless be obligated to complete the purchase of the Property from Seller on the Closing Date on the terms and conditions of this Agreement. 27. Additional Documents. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement. 28. Assignment, Bindin _ Effect. ffect. This Agreement shall not be assignable by Buyer to any other party without the prior written consent of Seller, which consent Seller may withhold in its sole discretion. For purposes of this Paragraph, any agreement entered into between Buyer and a third party prior to the Close of Escrow to sell or otherwise transfer any interest in the Property, including, without limitation, the execution of escrow instructions conternplating such a sale or transfer shall be deemed an assignment. Any such assignment without Seller's consent as provided herein, shall be deemed a material breach of this Agreement, and Seller, may, in Seller's sole discretion, elect to terminate this Agreement, in which case this Agreement shall be null and void, Buyer shall have no fiirther rights hereunder, -21- \10892180.4 and Seller shall be entitled to damages as provided in Paragraph 13. Subject to the foregoing, this Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Seller and Buyer. 29. Waiver of Trial by Jury. SELLER AND BUYER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, AND THE PARTIES AGREE THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. 30. Independent Counsel. Each party acknowledges that it has consulted with and had the opportunity to consult with independent counsel of its own choosing in connection with the negotiation and execution of this Agreement. 31. Patriot Act. 31.1 Seller shall take any actions that may be required to comply with the terms of the USA Patriot Act of 2001, as amended, any regulations promulgated under the foregoing law, Executive Order No. 13224 on Terrorist Financing, any sanctions program administrated by the U.S. Department of Treasury's Office of Foreign Asset Control or Financial Crimes Enforcement Network, or any other laws, regulations, executive orders or government programs designed to combat terrorism or money laundering, or the effect of any of the foregoing laws, regulations, orders or programs, if applicable, on the transactions described in this Agreement. Seller is not an entity named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury, as last updated prior to the date of this Agreement. 31.2 Buyer shall take any actions that may be required to comply with the terms of the USA Patriot Act of 2001, as amended, any regulations promulgated under the foregoing law, Executive Order No. 13224 on Terrorist Financing, any sanctions program administrated by the U.S. Department of Treasury's Office of Foreign Asset Control or Financial Crimes Enforcement Network, or any other laws, regulations, executive orders or government programs designed to combat terrorism or money laundering, or the effect of any of the foregoing laws, regulations, orders or programs, if applicable, on the transactions described in this Agreement. Buyer is not an entity named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury, as last updated prior to the date of this Agreement. 32. Backup Offer. Until the Closing, Seller may consider back -up offers for a portion or all of the Property. 33. Limitation of Liability. Buyer acknowledges and agrees that neither the shareholders, officers, employees nor affiliates of Seller shall be liable for obligations entered into by or on behalf of Seller. Seller shall not be liable for any indirect, incidental, speculative, punitive, special, or consequential damages of any kind including, but not limited to, loss of revenue, loss of goodwill, loss of business opportunity, loss of profits, losses related to third -22- 110892180.4 party claims or any one or more of them arising in any manner from this Agreement or the performance or nonperformance of obligations related thereto regardless of the foresecability thereof. Notwithstanding anything to the contrary set forth in Paragraph 13.2 above, if prior to the Closing Date Buyer becomes aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any material respect (collectively, the "Representation Matte ") or that has a material, adverse impact on the value of the Property, then provided such representation or warranty was true when made by Seller Buyer's sole remedy shall be the right to terminate this Agreement and obtain a refund of the Deposit by providing written notice thereof to Seller no later than seven (7) business days after Buyer learns of such Representation Matter. If Buyer does not timely terminate this Agreement, then Seller's representations and warranties shall be automatically limited to account for the Representation Matter, Buyer shall be deemed to have waived Buyer's right to pursue any remedy for breach of the representation or warranty made untrue on account of such Representation Matter, and the parties shall proceed to the Close of Escrow. Notwithstanding anything to the contrary contained in this Agreement, Buyer hereby agrees that Seller's maximum liability under this Agreement for actual, direct damages shall not exceed $70,000 in the aggregate and that any action or claim asserted by Buyer against Seller roust be filed (if at all) within twelve (12) months following the Closing, and Buyer hereby waives any right to bring any such claim or action thereafter. The provisions of this Paragraph 33 shall survive the Closing and shall not merge with the Grant Deed. -23- N10892180.4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the elate first above written. SELLER: VERIZON CALIFORNIA INC., a California corporation IN Ti BUYER: CITY OF BALDWIN PARK, a Municipal corporation By:_ Title: By:_ Title: -24- \10892180.4 Receipt of the foregoing instructions by Escrow Holder is acknowledged, said escrow holding is accepted and Escrow Holder agrees to hold and dispose of the fiends and documents deposited in the escrow in accordance with these instructions. Dated: , 20 Fidelity National Title -25- 110892180.4 Linda Kane, Escrow Officer AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS LIST OF EXHIBITS Exhibit 1.1A Site PIan Depicting Land Exhibit 1.1B Legal Description of the Land Exhibit 2.1 Escrow Holder's Standard Provisions Exhibit 2.3 Grant Deed Exhibit 17 Reservation of Easement Agreement Exhibit 18 Parking Agreement -2&- 110892180.4 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "1.1 A" SITE PLAN DEPICTING LAND [to be attached] Exhibit 1.1 A - I AGREEMENT Or PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "1.113" LEGAL DESCRIPTION OF THE LA [to be added when available] Exhibit 1.1B - 1 110892180.4 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "2.1" ESCROW HOLDER'S STANDARD PROVISIONS TO: FIDELITY NATIONAL TITLE 1. Time is of the essence of these instructions. If this escrow is not in a condition to close by the CLOSING DATE as provided for in the foregoing Purchase Agreement and written demand for cancellation is received by you from any principal to this escrow after said date, you shall act in accordance with Paragraph 7 of these General Provisions. If no conflicting instruction or demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. In the event one or more of the General Provisions are held to be invalid, those remaining will continue to be operative. Any amendments of or supplements to any instructions affecting escrow must be in writing. You are authorized, prior to the close of escrow, to pay from funds on deposit any fees necessary to obtain any demand and/or report as may be required in this escrow and at the close of escrow charge the parties as appropriate. The principals will hand you any funds and instruments required from each respectively to complete this escrow. Interest on any new financing may begin to accrue on the date loan ftxnds /proceeds are disbursed by the new lender, and borrower agrees to pay same in accordance with lender's instructions. 2. You ate instructed to deliver and /or record all documents and disburse all funds when you can comply with these instructions and issue any title insurance policy as called for herein. These instructions, together with any amendments and /or supplements, may be executed in counterparts and together shall constitute one and the same document. If these instructions relate to a sale, and if there is no other written agreement between the parties pertaining thereto, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the respective addresses shown herein, unless otherwise directed. In the event that any party to this escrow utilizes facsimile transmitted signed documents, all parties hereby agree to accept and hereby instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that any documents to be recorded bearing non original (facsimile) signatures will not be accepted for recording by the county recorder. 3. The please "close of escrow" (or COE) as used in this escrow means the date on which documents are recorded, unless otherwise specified. 4. Assume a 30 day month in any proration herein provided, and unless otherwise instructed, you are to use the information contained in the latest available tax statement, including any supplemental taxes of record, rental statement as provided by seller and beneficiary's or association - statements delivered into escrow for proration purposes. Exhibit 2.1 - 1 110892180.4 5. Upon close of escrow you are instructed to charge our respective accounts the costs attributable to each, including but not limited to costs as provided for herein and /or in accordance with our respective estimated statements attached hereto and made a part hereof. 6. Recordation of any instruments delivered through this escrow, if necessary or proper for the issuance of the policy of title insurance called for, is authorized. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. 7. If demand to cancel is submitted after the Closing Date, any principal so requesting you to cancel this escrow shall file notice of demand to cancel in your office in writing. You shall within three (3) working days thereafter mail by certified mail one copy of such notice to each of the other principals at the address stated in this escrow. Unless written objection thereto is filed in your office by a principal within fifteen (15) calendar days after the date of such mailing, you are instructed to cancel this escrow. If this is a sale escrow, you may return the lender's papers andlor fiends upon lender's demand. 8. In the event that this escrow is canceled, any fees or charges due Fidelity National Title including cancellation fees and any expenditures incurred or authorized shall be paid from funds on deposit unless otherwise specifically agreed to or determined by a court of competent jurisdiction. Upon payment thereof, return documents and monies to the parties as set forth in the foregoing Purchase Agreement, or as ordered by the court, and void any executed instruments. 9. If there is no written activity by a principal to,this escrow within any six - month period after the Closing Date set forth in the Purchase Agreement, Fidelity National Title may, at its option, terminate its agency obligation and cancel this escrow, returning all documents, monies or other items held, to the respective parties entitled thereto, less any fees and charges as provided herein. 10. If for any reason, funds are retained or remain in escrow after the closing date, you may deduct therefrom a reasonable charge as custodian, of not less than $25.00 per month, unless otherwise specified. 11. In the event that you should receive written conflicting demands or claims with respect to this escrow, or with respect to the rights of any of the parties hereto, or with respect to any money or property deposited herein, you shall have the absolute right at your option to discontinue any or all further acts until such conflict is resolved to your satisfaction, including by means of filing an action in interpleader if agreement is not reached within a reasonable time. 11 In the event that any Offer to Purchase, Deposit Receipt, or any other form of Purchase Agreement {collectively, the "Purchase Agreement ") is deposited in this escrow, if there is a conflict between the terms of these General Provisions and the Purchase Agreement, the teems of the Purchase Agreement shall control. Exhibit 2.1 - 2 uas92isoA 13. The patties hereto, by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for the supei vision of any act or the performance of any condition which is a condition subsequent to the closing of this escrow. 14. In the absence of instructions to the contrary, you are hereby authorized to utilize wire services, overnight next day, or other expedited delivery services (as opposed to the regular U.S. Mail) and to charge the respective party's account accordingly. 15. Concerning any real property involved in this transaction you are released from and shall have no liability, obligation or responsibility with respect to (a) withholding of fiinds pursuant to Section 1445 of the Internal Revenue Code of 1986 as amended, and to Sections 18662 and 18668 of the California Revenue and Taxation Code, (b) advising the parties as to the requirements of said Section 1445, (c) determining whether the transferor is a foreign person or a nonresident under such Section, nor (d) obtaining a non foreign affidavit or other exemption from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the transaction. 16. If you pay a demand to pay in full a revolving line of credit or equityline loan, you are hereby instructed on my behalf and for my benefit, to request that the lender issuing said demand cancel said revolving line or equityline of credit. 17. You are authorized to furnish to any affiliate of Fidelity National Title, any attorney, broker or lender identified with this transaction or any one acting on behalf of such lender any information, instructions, amendments, statements, or notices of cancellation given in connection with this escrow. If any check submitted to escrow is dishonored when presented for payment, you are authorized to notify all principals and /or their respective agents of such non payment. 18. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title, as set forth herein. 19. All funds received in this escrow shall be deposited with other escrow firnds in one or more non - interest bearing demand accounts of Fidelity National Title in any state or federal bank or any state or federal savings and loan association ( "the depository institutions ") and may be transferred to any other such accounts. The parties to this escrow acknowledge that while these accounts do not bear interest, because of these and other banking relationships with the depository institutions, Fidelity National Title and its affiliates may receive from some of the depository institutions an array of banking services, accommodations or other benefits. Fidelity National Title and its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from some of the depository institutions. All of such services, accommodations and other benefits shall accrue, directly or indirectly, to Fidelity National Title and its affiliates and they shall have no obligation to account to the parties to this escrow for the value of Stich services, accommodations or other benefits. Exhibit 2.1 - 3 110892180.4 All disbursements shall be made by Fidelity National Title check, unless otherwise instructed. Fidelity National Title shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. Fidelity National Title may, at its option, require concurrent instructions from all principals prior to release of any fiends on deposit in this escrow. 20. You are authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow at the expiration of six (6) years from the close of escrow or cancellation thereof, without liability and without further notice. IMPORTANT NOTICE Except for wire transfers, fiends remitted to this escrow are subject to availability requirements imposed by Section 12413.1 of the California Insurance Code. CASHIER'S, CERTIFIED or TELLER'S checks, payable to FIDELITY NATIONAL TITLE are generally available for disbursement on the next business day following the date of deposit. Other forms of payment may cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law (Wire transfer information available upon request) ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT FIDELITY NATIONAL TITLE DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS. Exhibit 11 - 4 %10892180.4 THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED. SELLER: VERIZON CALIFORNIA INC., a California corporation M. Title: Cutrent Address: VERIZON CALIFORNIA INC. c/o Verizon Corporate Real Estate 15505 Sand Carryon Avenue Irvine, CA 92618 Attention: Tony Wallace VSO Real Estate BUYER: CITY OF BALDWIN PARK, a Municipal corporation By:_ Title: By:_ Title: Current Address: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Vijay Singhal Chief Executive Officer Exhibit 2.1 - 5 110892180.4 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "2.3" GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND MAIL City of Baldwin Park 14403 E. Pacific Avenue Baldwin park, CA 91706 Space Above For Recorder's Use GRANT DEED Title Order No. APN No. The undersigned grantor declares: Documentary Transfer Tax is $ (} computed on frill value of property conveyed; or (} computed on full value less value of liens and encumbrances remaining at time of sale. () Unincorporated area; () City of Escrow No. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VERIZON CALIFORNIA INC., a California corporation, formerly known as [GTE California Incorporated] ( "Grantor "), hereby GRANTS to CITY OF BALDWIN PARK, a municipal corporation ( "Grantee "), the following described real property in the County of Los Angeles, State of California: PER ATTACHED LEGAL DESCRIPTION Reserving unto Grantor the easements as more particularly described in the Agreement and Reservation of Easements recorded concurrently herewith. Exhibit 2.3 - 1 110842180.4 This foregoing grant of real property is subject to (1) non - delinquent taxes, all easements, covenants, conditions and restrictions, and all other matters of record affecting title to such property, (2) that certain Agreement and Reservation of Easements, recorded concurrently herewith and executed by Grantor and Grantee, and (3) that certain Parking Agreement, recorded concurrently herewith and executed by Grantor and Grantee. Dated: , 2010 VERIZON CALIFORNIA INC., a California corporation Title: Exhibit 2.3 - 2 \10892180.4 ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , before me, , Notary Public, personally appeared , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public (Seal) Exhibit 2.3 - 3 110892180.4 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "17" RESERVATION OF EASEMENT AGREEMENT [to be attached] Exhibit 17 - 1 110892180,4 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "18" PARKING AGREEMENT [to be attached] Exhibit 18 - 1 110592180.4 CITY COUNCIL AGENDA NOV 17- ' R14 ITEM N0. BALDWIN CITY OF BALDWIN PARK STAFF REPORT P - A , R • K TO: Honorable Mayor and Members of the City Counci FROM: Edwin "William" Galvez, Director of Public Works DATE: November 17, 2010 SUBJECT: AUTHORIZE ADDITIONAL WORK ON THE RAMONA B PROJECT BY THE CONSTRUCTION CONTRACTOR, PAVEWEST CONTRACTING COMPANY, UNDER THE EXISTING CONTRACT AT NO ADDITIONAL COST TO THE CITY, AND AUTHORIZE ADDITIONAL COMPENSATION TO DEL TERRA TO EXPAND CONSTRUCTION MANAGEMENT FOR THE ADDED CONSTRUCTION NOT TO EXCEED $15,000 PURPOSE This report requests that the City Council authorize staff to direct the construction contractor for the Ramona B project, Pave West, to perform additional work on Ramona Boulevard using savings that the City has realized on the current ongoing ARRA funded project, and to authorize additional construction management services by Del Terra to cover the added construction to the Ramona B project in an amount not to exceed $15,000. BACKGROUND In 2009, staff made sure that the City had shovel ready projects to fully utilize Stimulus funds that the Federal Highway Administration was making available under ARRA infrastructure funding. The City successfully obtained a $2.4 million allocation for two projects: Ramona A - Ramona Boulevard, 1 -605 to Francisquito Avenue, and Ramona B - Ramona Boulevard, Francisquito Avenue to Merced Avenue. The funding amount for the Ramona A is $950,000 and for Ramona B is $1.5 million. On May 19, 2010, the City Council awarded a construction contract for the Ramona B project to Pavewest Contracting Company in the amount of $1,261,335. Essentially the construction work involves repairing concrete improvements and placing a rubberized asphalt concrete overlay. Concrete repairs include replacing damaged curb and gutters, cross - gutters, spandrels, sidewalks, and drive - approaches. Additional Paving on Ramona B November 17, 2010 Page 2of4 Related work includes repainting traffic stripes and pavement markings, performing irrigation and landscaping upgrades and repairs, planting trees, performing hardscape modifications in the medians, and refurbishing bus shelters. DISCUSSION Now that most of the construction improvements on the Ramona B project have been completed, a project construction cost analysis forecasts a savings compared to the construction contract currently in place. Under the terms of the existing construction contract and as dictated by standard practice, the amount due and payable to a construction contractor is based on actual construction quantities. The savings we have identified is related to a reduced tonnage of asphalt and yields a $105,000 savings. In addition, the construction contingency available when the construction contract was awarded totaled $126,000. Therefore, the total amount available for additional roadway improvements is $231,000. ARRA funds have been made available to the City for one time use, and unexpended funds are automatically forfeited. In order to ensure funds are maximized in our community, it is essential that the subsequent construction audit which will be performed by the Federal FHWA agency reveal that the use of the ARRA funds is consitent with the plans and specifications approved by Caltrans. Staff analyzed the options to maximize the use of funds, and due to the savings related to reduced use of asphalt tonnage, it would be consistent with Federal and State project approvals and any subsequent audits if the City moved forward with additional paving improvements. Staff has met with the contractor and the construction manager to discuss options available to the City which will result in no grant funds left unexpended. The roadway segments that the staff has evaluated for City Council consideration include: Ramona Boulevard, Merced Avenue to Baldwin Park Boulevard $210,000 La Rica Avenue, Ramona Boulevard to Palm Avenue $65,000 Los Angeles Street, Hornbrook Avenue to Merced Avenue $145,000 Merced Avenue, Ramona Boulevard to Palm Avenue $105,000 Staff suggests the best option is to continue paving Ramona up to our downtown area in the estimated amount of $210,000. This cost is based on asphalt tonnage and related expenses in the contractor's bid which applies to the added paving. The contractor agrees with the cost estimate. Staff will ensure that the total project cost, including construction and construction management is kept within the grant. The attached photos show the existing conditions on Ramona between Merced and Baldwin Park Boulevard. Additional Paving on Ramona B Page 3 of 4 November 17, 2010 The ARRA grant funds may only be used under the existing prime contracts for Construction Management and for Construction. Therefore any small amount of funds remaining unexpended after the paving is completed would be used as a contingency or for performing miscellaneous repairs by the prime contractor. The final project cost should be the full $1.5 million allocated to this project. Bus Shelters The funds set aside for bus shelters are $16,000 on this Ramona B project, and $30,000 for the other project on Ramona (Ramona A). The intent was to refurbish the shelters. Staff knew from the outset of applying for ARRA 1=HWA funds that the primary intent of the funds is the improvement of roadway infrastructure. Secondary are ancillary costs such as landscaping, hardscape, and other aesthetic features. An exception to this will not be granted and we risk losing funds used in an unauthorized manner. We additionally risk more attention during the audit, and any irregularity will be cause to further invalidate funds. The project specifications have already pushed to the envelope to the limit in terms of constructing non- roadway elements. Therefore, staff recommends that 'we complete the refurbishing of the bus shelters as planned by cleaning, painting, and re- installing solar panels so the bus shelters are lighted in the evenings. To prevent theft of the solar panels, the holding brackets will be welded instead of bolted on. Construction Management Services Del Terra Estate Services, Inc. dba Del Terra Group was awarded a Construction Management Contract in the amount of $100,365 to oversee construction on the Ramona B project, and to ensure fulfillment of the grant requirements. Although as above stated, the City is experiencing a construction cost savings, the scope of services is being fully provided. Now that the City is contemplating expanding the roadway paving, substantial additional inspection, testing, and project management is required to oversee the construction contractor. Due to the tight timeline to continue construction and not experience a time gap, the compensation amount for construction management of the added construction has not yet been determined. Staff suggests that a not to exceed amount be established, with an exact contract extension and compensation later determined by the City's CEO. The current $1,261,335 construction contract and the current $100,365 construction management contract yields a base percentage of 8 %. Staff therefore will negotiate something in the neighborhood of 6% which is below the typical and acceptable range of 8% to 10% for construction management of this magnitude. Therefore we can target the added Construction Management compensation to $210,000 x 6% which is $12,600, but nevertheless not to exceed $15,000. Additional Paving on Ramona B November 17, 2010 FISCAL IMPACT Page 4 of 4 There is no impact on the General Fund. The recommended additional roadway improvements by the construction contractor, Pavewest, may be provided under the terms of the existing construction contract. The project sum total of the construction contract total and the construction management services including the added services by Del Terra will be within the current grant funding for the project. RECOMMENDATION Staff recommends that the City Council authorize staff to direct the Ramona B Construction Contractor to proceed with improvements on Ramona Boulevard and to authorize the CEO to approve a Construction Management Contract to oversee the added improvement in an amount not to exceed $15,000. ATTACHMENT Photos of Ramona Boulevard between Merced Avenue and Baldwin Park Boulevard Ramona Boulevard between Merced Avenue and Baldwin park Boulevard BA R14 CITY OF BALDWIN PARK P,A,R,K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE; November 17, 2010 CITY COUNCIL AGENDA Nov 1 ITEM N0. STAFF REPORT SUBJECT; APPROVE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT PURPOSE This report requests that the City Council. consider the approval of plans and specifications for safety signs under the Highway Safety Improvement Program (HSIP) and authorize staff to solicit bids. BACKGROUND The Safe, Accountable, Flexible, Efficient Transportation Equity Act; A Legacy for Users (SAFETEA -LU) was signed into law on August 10, 2005 and it established the Highway Safety Improvement Program (HSIP) as a core Federal -aid program. The purpose of this program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads through the implementation of infrastructure related highway safety improvements. In 2008, staff submitted an application to the State requesting funds to continue improvements in support of the City's traffic safety master plan. The project proposed to place nine street speed feedback signs on the following major street corridors: • Baldwin Park Boulevard • Olive Street • Puente Avenue • Badillo Street • Ramona Boulevard In 2009, the City received notice of a $99,090 grant award. In September 2009, staff submitted documents to Caltrans to obligate these funds including the plans, specifications, and engineering. In August 2010, Caltrans notified city staff of our approved funding obligation documents and cleared the City to initiate the installation of the safety devices. Approval of Specifications and Authorize Staff to Solicit Bids for HSIP Page 2 of 2 November 17, 2010 DISCUSSION Speed feedback signs are a popular technology for use as a means to provide traffic calming. They are used by most cities to improve traffic safety, and in particular pedestrian safety. The speed feedback signs that the City has already installed also include features which continuously collect traffic counts and speed profiles on a segment. Data from our own signs show that speeds are reduced by an average 3 miles per hour. The signs work by capturing a driver's attention and informing the driver how fast they are travelling. It also helps the City collect data for analysis which would help to design future improvements. The attached map and table summarizes the locations of the existing speed feedback signs and the 9 proposed locations. The signs specified are similar to the ones on our streets made by Fortel Traffic, Inc. The signs will be solar powered thereby making them movable to future locations that may have speeding issues and require traffic calming and data analysis. For greater effectiveness, the newest generation of speed feedback signs includes a strobe light that simulates photo enforcement. Upon authorization by the City Council, staff will solicit bids to procure and install the signs. Staff will bring back the bid results and will request authorization to contract their installation. Staff anticipates the bids will be opened in mid December 2010 and award an installation contract in January 2011. Grant funds will pay for the purchase, installation of pole and signs, and programming. FISCAL IMPACT There is no impact on the general fund, acid expended funds are reimbursable. The City's Matching fund requirement of $11,010 is available under Prop 1B funds and is an eligible expenditure under that fund. The following table summarizes the funding and anticipated project expenditures: Available Funding and Anticipated Expenditures HSIP Grant $99,090 Prop 1B $11,010 Total Available Funds $110,100 RECOMMENDATION Staff recommends that the City Council approve the specifications and authorize staff to solicit bids. ATTACHMENTS A. Location Map and Summary Table B. Copy of Notice Inviting Bids Attachment B SECTION A. NOTICE INVITING SEALED BIDS SPEED FEEDBACK SIGNS PROCUREMENT AND INSTALLATION IN THE CITY OF BALDWIN PARK PUBLIC NOTICE IS HEREBY GIVEN that the City of BALDWIN PARK as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk, at 14403 East Pacific Avenue, Baldwin Park, CA 91706. up to the hour of 5:00 P.M. on December 16, 2010, at which time they will be publicly opened. Copies of the Bid and Contract Documents are available from the City of Baldwin Park, Public Works Department, 14403 East Pacific Avenue, Baldwin Park, CA 91706. One (1) set of Bid Documents will be provided at a cost of $10.00 per set. The City will not mail the Bid and Contract Documents. The general nature of work involves procuring and installing nine speed feedback signs at various locations throughout the City. Related work includes installing footings, pedestals and poles, and other appurtenant work. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Bidder's Proposal. The descriptions of bid items are defined in the Technical Provisions. Based on the quantities listed in the Contractor's Bid Proposal, the construction cost is estimated to be $100,000. SPECIAL NOTICE This project shall comply with the Disadvantaged Business Enterprise (DBE) approved by Caltrans. Refer to the section titled "Disadvantaged Business Enterprises" under Section C, "Bidder's Proposal," of these documents. The appendix contains a copy of the approved DBE plan for this project, with an established AADPL of 9.2% (4.9% Race Neutral; 4.3% Race Conscious). Attendance at a pre -bid meeting is mandatory and will be held on "Date" at "Time ", at City Hall, 14403 East Pacific Avenue, Baldwin Park, CA 91706. All prime contractors are required to have a representative attend and sign in at the pre -bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder's proposal being found non - responsive. Bids must be accompanied by a bid bond, made payable to the City for an amount no less than ten percent (10 %) of the bid amount. At the time of the contract award, the Contractor shall possess California Contractor License Class "A" or "C10 ". This is a federally assisted construction project and Federal Labor Standards, including Davis - Bacon Act requirements, will be enforced. A contractor working on a federally assisted project must be eligible to participate in the award of that contract. The contractor shall adopt the current general prevailing Federal and/or State rates of wages applicable to the work to be done. If Federal and State wage rates are applicable, then the higher of the two will prevail. For questions regarding this project, contact via e -mail: David Lopez, Associate Engineer, diopez @baldwinpark.com. Signed by: s /��Y. l 7e, David Lopez, Associ to Wgrneer Date A.1 Speed Feedback Locations Table Existing Street Placement Facing Direction Street Segment 1 Baldwin Park Blvd. southbound Nubia St Olive St. 2 Nubia St eastbound Bleecker St Bore[ St 3 Maine St southbound Arrow Hwy Baldwin Ave 4 Landis St southbound Olive St. Bellbrook St. 5 Walnut St northbound Los Angeles St Benwood St 6 Kenmore Ave southbound Ramona Blvd Illinois St. 7 Francisquito Ave southeast bound Ramona Blvd Frazier Ave 8 Francisquito Ave northwest bound Baldwin Park Blvd. Frazier Ave 9 Francisquito Ave northwest bound Puente Ave Big Dalton Ave 10 IFairgrove St leastbound Westcott Ave Athol St 19 1 Pacific Ave I northwest bound southeast city limit Mayland Proposed Street Placement Facing Direction Street Segment 1 Olive St. westbound Bleecker St Marion Avenue 2 Ramona Blvd. westbound east city limit Willow St. 3 Badillow St. eastbound Ramona Blvd Puente Ave 4 Badillow St. westbound Puente Ave east city limit 5 Baldwin Park Blvd. southeast bound Ramona Blvd La Rica Ave 6 Baldwin Park Blvd. northeast bound Francisquito Ave Foster Ave 7 Puente Ave northeast bound Francisquito Ave Walnut Creek Pkwy 8 Ramona Blvd eastbound Barnes Ave Francisquito Ave 9 Syacuse Ave southbound Ramona Blvd Royston St City of Baldwin Park Attachment A Speed Feedback Location Map CITY OF BALDWIN PARK TO: Honorable Mayor and City Councilmember,�4 FROM: Vijay Singhal, Chief Executive Officer DATE: November 17, 2010 CITY COUNCIL AGENDA NOV 1 ITEM N0. O STAFF REPORT SUBJECT: ADOPTION OF RESOLUTION 2010 -050 CASTING THE CITY'S VOTES FOR THE REPRESENTATIVE TO THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY PURPOSE The purpose of this report is to adopt Resolution 2010 -050 casting the City's votes for Board Representative to the San Gabriel Basin Water Quality Authority for cities without pumping rights. BACKGROUND AND DISCUSSION The City of Baldwin Park is currently a member of the San Gabriel Basin Water Quality Authority (WQA) without pumping rights. The City is eligible to cast its votes for a Board Member to represent the interests of the cities without pumping rights. Each City has one vote for every 10,000 residents; Baldwin Park has 8 votes that will go to the candidate the Council chooses to support. The City must cast all of its votes for one candidate only. The thirteen cities without pumping rights are Baldwin Park; Bradbury; Duarte, La Puente; La Verne; Rosemead; San Dimas; San Gabriel; San Marino; Sierra Madre; South El Monte; Temple City and West Covina. On October 20, 2010 the Baldwin Park City Council nominated Council Member Monica Garcia as a candidate for Board Member of the WQA Board. Rosemead Councilmember Margaret Clark and South El Monte Mayor Louie Aguinaga have also been nominated by other member cities. A table listing the nominations is included with this report. If Council wishes to participate in this election, they must do so through a resolution that must be received by the Water Quality Authority no later than 5:00 p.m. on December 20, 2010. The candidate who receives the most votes will be the Board Representative and the second highest vote - getter will be the alternate. WQA Election November 17, 2010 Pa -qe 2 FISCAL IMPACT There is no fiscal impact to the City of Baldwin Park RECOMMENDATION Staff recommends City Council determine which candidate they wish to cast their votes for and waive further reading, read by title only and adopt Resolution No. 2010 -050 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES FOR TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY." ATTACHMENTS • Resolution No. 2010 -050 • San Gabriel Basin WQA Letter w /attachments received October 28, 2010 RESOLUTION NO. 2010 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING ITS EIGHT (8) VOTES FOR TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive water pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive water pumping rights; and WHEREAS, the City of Baldwin Park is one of the cities in the San Gabriel Basin without prescriptive water pumping rights; WHEREAS, the City of Baldwin Park may cast its votes for a representative by resolution no later than December 20, 2010 at 5:00 p.m. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park casts its eight (8) votes for as the representative for cities in the San Gabriel Basin without prescriptive water pumping rights. PASSED, APPROVED AND ADOPTED this day of , 2010. MANUELLOZANO LTI,.o. Resolution No. 2010 -050 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin certify that the foregoing Resolution was duly and regularly approved the City Council of the City of Baldwin Park at a regular meeting held 2010 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL_ MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK Park, do hereby and adopted by 1 t #1 _ October 26, 2010 San Gal; del Bar An Water Quality AvihoKily 1120 W. Cameron Avemie, Suite 100, West Covina, CA 9I %90 a (626) 338.5555 G Fax (626) 338.51/5 ww%v.rvga.com City Manager CITY OF BALDWIN PARK 14403 E, Pacific Ave. Baldwin Park, CA 90706 RE: ELECTION FOR WQA BOARD MEMBER AND ALTERNATE MEMBER REPRESI�NTING CITIES WITHOUT WATER PUMPING RIGHTS Dear City Manager: The nomination period for the election of' the WQA board member and alternate member representing cities without Water pumping rights was closed on October 22, 2010 at 5 :00 p.m. Enclosed is an election ballot, a list of nolninces, a sample resolution, and a list of cities without lumping rights and the number of votes each city is entitled. Each city may cast their votes for only one of the listed nominees in the form of a resolution. The f,esolution must be yeeNed at the drove rrddress_by Docember 20,_.20_1.0 tit 5:00p>r�.. via ..hund deliver cerli led mail F, ME or UPS IVITII tiS'IG Il TUR.0 REQUIRED or NfIE y0I 'Is IVIL L NOT RE ACCEPT1;D. Our office Hours are Monday through Friday 8 :00 a.m. to 12 :00 noon and 1:00 p.m. to 5:00 p.m. Votes Will be officially counted during the Water Quality Authority's regular meeting on December 21, 2010 at 9 :30 a.m. Each city has one vote for each 10,000 residents or majority thereof, as determined by the 2000 U.S. census data. The enclosed ballot indicates the number of Votes your city nlay cast, Please note that a city must cast all of their votes to only one candidate and cannot split their votes. Pleasc also note that a city is not limited to voting for its own city council members and that a city may vote in an election whether or not it nominated a candidate, If you should have any questions, please contact me at (626) 338 -5555 or by email at St phallic(ir >, v�l 'i,poill Since 1 fir, Stele nic Moreno Administrativc /IS Assistant San Gabriel Basin Water Quality Authority Enclosures EXHIBIT "13-2" BALLOT ELECTION OF CITY MEMBERS AND ALTERNATES FROM CITIES WF-rHOUT PUMPING RIGHTS TO THE BOARD OF THE SAN GABRIEI, BASIN WATER QUALITY AUTHORITY PURSUANT TO SB 1679 CITY: 13ALDWIN PARK NUMBER OF VOTES TO BE CAST: TO THE CITY COUNCIL: Tile following candidates have been duly nominated by qualified cities for the office of city Member and alternate of the Board of the San Gabriel Basin Water Quality Authority ( "the Authority ") from cities without pumping rights. The election of the city member and alternate will take place at an adjourned sleeting of the Board of the Authority set for December 21, 2010, at 9;30 ,m%, at 1720 W. Cameron Ave., Suite 100, Nest Covina, California. Your city may cast its votes for one candidate by resolution of the city council. `1'he number of votes to which your city is entitled, based upon population, is set forth above. The resolution of the City council casting its votes must be delivered by certified mail, 1 edEx, UPS with signature r•equ_i d or hand delivered to the Atttllority at least 24 hours before the sleeting of the Board of the Authority at which the election of the city member and alternate will take place or the votes will not be counted. This Ballot may accompany the resolution of the city council casting its votes for city member and alternate from cities without pumping rights. t San Gabriel Ba6hi `fluter Quality Authority 1720 W. Cameron Avenue, Suite 104, [Nest Covina, CA 91790 (626) 336.5555 c Fax (626) 338 -5775 w5v6 mga.com ELECTION FOR WQA BOARD MEMBER AND ALTERNATE MEMBER REPRESENTING CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS LIST OF NOMINATIONS (In the order in which they were received) Name Margaret Ciark City of Rosemead Lorne Aguinaya City of South El Monte Monica Garcia City of Baldwin Park Updated 10/25/10 Nominated b� San Dimas Rosemead Bradbury La Verne Duarte La Puente Temple City Sari Marino San Gabriel South El Monte Baldwin Park 3 MLL �abxiIc cio OL1 W tezL %,40mii VA ty f 1720 W, Cameron Avenkla, 5ulte 100, West Covina, CA 91790 (626) 33$ -5555 o Fax (626) 338 -5775 vlMv,v,r(p, vm CITIES WITHOUT ITHO 1L_J T P iU MPI V G RIGHTS (2000 U.S. Census Figures) 2000 # of City Population Votes Baldwin Park 75,837 8 Bradbury 855 1 Duarte 21,486 2 La Puente 41,063 4 La Verne 313638 3 Rosemead 53,505 5 San Dimas 34,980 3 San Gabriel 39,804 4 San Marino 12,945 1 Sierra Madre 10,578 1 S. El Monte 21,144 2 Temple City 33)377 3 W. Covina 105,080 11 TOTAL VOTES; 48 (2000 U.S. Census Figures) f Xf'r P A R K CITY OF BALDWIN PARK TO. Honorable Mayor and City Council embers FROM: Lili Hadsell, Chief of Polic DATE: November 17, 2010 SUBJECT: Royal Coaches Franchise Agreement CITY COUNCIL AGENDA NOV I Pur ose At the October 20, 2010 Council meeting, Mayor Pro Tern Pacheco requested that staff provide Council with an overview of our current Franchise Agreement for Official Police Tow Services with Royal Coaches Auto Body & Towing. This report was on the Council agenda for November 3, 2010. It was tabled by Council consensus until November 17, 2010. Background Current California law allows a public entity to enter into a franchise agreement and collect a franchise fee from a tow company for official police towing services. California Vehicle Code § 2110 states: (b) Subdivision (a) does not preclude a public entity otherwise authorized by law from requiring a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity. However, the fee in those cases may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs The City of Baldwin Park entered into its current franchise agreement with Royal Coaches on October 1, 2005. This agreement and associated City Council Resolution ( #2005 -001) established the franchise fee at $52.00 per vehicle stored. This agreement was valid until October 1, 2010. On March 1, 2008, the City entered into an amendment to the franchise agreement for official police tow services with Royal Coaches. This amendment and associated City Council Resolution ( #2008 -016) established the franchise fee at $111.55 per vehicle. This same amendment and resolution also established a franchise fee of twenty percent (20 %) share of all proceeds that the franchisee (Royal Coaches) would receive for all vehicles stored for thirty (30) days or more. This additional fee is because extended storages involve further review of the storage authority by a police supervisor and additional processing on the part of the police records bureau. The amendment also called for an increase to twenty -five percent (25 %) of this fee on September 1, 2010. Staff established and recommended the Franchise Agreonwnt franchise fee based on a time and motion study. This amendment extended the non - exclusive franchise agreement with Royal Coaches through September 30, 2014. Discussion On October 18, 2010, the, Police Department received correspondence from William Salazar, of the Royal Coaches Corporate Office. In his letter, Mr. Salazar requests that the Council consider adjusting and reducing the per vehicle franchise fee to $52.00 from the current $191.55. Mr. Salazar states the new police vehicle towing policy presents a financial burden on his business that equates to approximately fifty percent (50 %) of his revenue being paid in franchise fees. Staff believes the current franchise fee was established and set in a fair manner based on compensation rates and the processing steps and time for the completion /processing of vehicle storages. Staff also believes the current fees are fiscally adequate in their ability to meet current administrative costs of expenditures associated with towing and storing of vehicles by the police department. Fiscal Impact Based on the total number of vehicles stored in 2009, a reduction in the franchise fee as requested will have a negative impact on the general fund of approximately $200,000 annually. This would be in addition to the negative impact anticipated due to the recently implemented Checkpoint and Vehicle Impound policies. The October 6, 2010 report to Council, stated, "The impact of this policy will be a reduction in vehicle impounds; this, in turn, will create a negative impact on the General Fund. The impact to the General Fund is estimated at approximately $250,000; however, the exact fiscal impact cannot be projected at this time. Recommendation Staff recommends City Council provide necessary staff direction. Attachments: Current Contract with Royal Coaches Correspondence from Bill Salazar Ul I Y GOUNGIL AGENDA OCT ° 5 2005 CITY-OF DALDW ►N PARK CONSENT CAR6AR-9-- BALDWIN P -A, R• K TO: Honorable Mayor and City Council FROM; Mark P. Kling, Chief of Polic � DATE; October 5, 2005 SUBJECT: AWARD CONTRACT FOR TOW FRANCHISE AGREEMENT PURPOSE The purpose of this report is to award the contract for tow franchise agreement to Royal Coaches Autobody & Towing. BACKGROUND Staff has previously completed a report from three tow companies that submitted letters of qualifications. At the September 21, 2005, City Council meeting, the City Council awarded the tow franchise agreement to Royal Coaches Autobody & Towing, which is located at 14827 Ramona Boulevard, Baldwin Park. The city attorney has approved the attached agreement. FISCAL IMPACT The actual awarding of the tow contract will have a positive affect on the general fund. At the newly adopted rate of $52.00 per vehicle, the City may receive an approximate $93,624.00 in fees. This represents an increase of approximately $49,024.32 annually. RECOMMENDATION It is recommended that City Council award a franchise agreement to Royal Coaches Autobody & Tow, and direct the Chief Executive officer to execute the attached agreements. Report prepared by: Sgt. M. Stehly FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES ( "Franchise Agreement ") is made and entered into on October 1, 2005 ( "Effective Date "), between the City of Baldwin Park, a public entity organized and existing under the State of California, hereinafter referred to as "City," and Royal Coaches Autobody & Towing, hereinafter referred to as "Franchisee." RECITALS A, The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B, The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow - Service and, based on. such determination, the City Council has selected the Franchisee to enter into this non - exclusive Franchise Agreement; and C. Franchisee has agreed to provide such official police tow services,. subject to and in accordance with the terms and conditions set forth in this Franchise Agreement and in Chapter 100 of the Baldwin Park Municipal Code ( "BPMC "). NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: - 1, GRANT OF FRANCHISE City hereby grants Franchisee the non - exclusive right to provide Official Police Tow Services in accordance with and pursuant to Chapter 900 of the Baldwin Park Municipal Code, 2. FRANCHISE FEE A. Fee amount, Franchisee shall pay the City a franchise fee in the amount of fifty -two dollars ($52.00) per vehicle. The franchise fee shalt be payable within ten (10) days of the close of the previous month for all vehicles towed pursuant during said month. The obligation to pay the final month's franchise fee shall survive the termination of this Franchise Agreement. B. Exemptions. Substantially stripped and junked vehicles shall not be considered a "vehicle" under paragraph A of this section and, therefore, Franchisee is not required to pay the franchise fee for such vehicles. 3. FRANCHISE FEE REPORTS A. Annual income statement. Franchisee shall annually provide the City with an income statement of the Official Police Tow Service performed by Franchisee under this Franchise Agreement. Such statements shall be in such substance and format as may be approved by the Director of Finance or his/her designee. B. Monthly report. Each monthly franchise fee payment made by Franchisee to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement as to the correctness of such report, signed under penalty of perjury by an officer of the Franchisee. The monthly report meet all requirements of the Baldwin Park Municipal Code, shall identify in detail the number of official police tow services performed, and shall set forth the basis for exempting any tow services from calculation of the monthly franchise fee payment, in accordance with this Franchise Agreement, 4. FRANCHISE TERM The franchise granted by this Franchise Agreement shall be valid for a term of four (4) years from the effective date stated above. *At the conclusion of the term, this Franchise Agreement shall terminate automatically and without any further action or notice by the City required. Nothing in this section shall--prohibit this. Franchise Agreement from being terminated prior to the end of the term pursuant to the provisions of this Agreement or BPMC Chapter 100 5. UNIFORM TOW FEE RATES A. Fee Schedules. Unless otherwise permitted by the City, the Franchisee shall charge only those fees established by the uniform tow fee schedule. The uniform tow fee schedule is determined by using the average taw fee allowed by the California Highway Patrol (the "CHP ") for the Baldwin Park L region-for those Official Police Tow Services with contracts with the CHP. Said rates may be adjusted annually unless an adjustment to rates is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the Chief of Police or his or her designee. Franchisee may request an administrative hearing on any such dispute to the City's Chief Executive Officer in accordance with BPMC Chapter 100. 6. BUSINESS LICENSE REQU[RED Franchisee agrees to have* and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement. 7. TRANSFER OR ASSIGNMENT OF FRANCHISE A. Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, _ either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise,. the franchise or any rights or privileges granted herein, without obtaining the prior written consent of the City Council. Any request to transfer or assign the franchise rhust be in writing and must be submitted to the City at least shall s prior t request be processed and such sale, transfer, or assignment. determined in accordance with BPMC Chapter 100. B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word If as used herein is not limited to.a change in major stockholders or partners of the Franchisee, but also includes actual working control in whatever manner exercised. C. Grounds for Revocation of Franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of this franchise without the prior written consent of the City Council shall be null and void, B. , TOW TRUCK EQUIPMENT REQUIREMENTS A. Capabilities. Franchisee represents and agrees that it shall provide towing equipment capable of providing for the following services: (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five (5) tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing in parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. B. Minimum Equipment Available. Franchisee shall, at all .times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one of the three (3) tow trucks in service must have a five (5) ton lifting capacity. C. Other Requirements. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPMC Chapter 104. 9. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPMC Chapter 140 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions required therein or in this Franchise Agreement shall be grounds for cancellation, revocation, or suspension of the Franchise Agreement. The terms and conditions established in BPMC Chapter 140 relate to the following areas: A. Request For Services 4 , B. Business Hours C. .Signs Required D. Release or Availability of Vehicles E. Available On Demand F. Professional Attire G. Removal of Hazards H, Towing of City Vehicles 1, Records and Offices Subject to inspection J. Communications Requirements K. Vehicle Storage Facilities L. Official Storage Lot The City reserves the right to add to, delete, or modify any requirement established by BPMC Chapter 100. In the event the City adds to or rriodifies any such. requirement, the parties shall meet to determine' if such addition or modification constitutes a substantive change to this Agreement, and in such event, shall in good faith determine the appropriate amendment to address such addition or modification. In the event the City amends BPMC Chapter 100 to delete any requirement set forth therein, the City may, in its sole discretion, provide notice to the Franchisee that such requirement shall nonetheless continue to apply to Franchisee for purposes of this Franchise Agreement. 10. RESPONSIBILITY FOR OWN ACTS A. Franchisee shall be fully responsible for any and all actions of its officers, employees and agents while performing under this Franchise Agreement, including but not limited to the following: (1) Franchisee participating in towing -assignments by the police department shall be responsible for the acts of their employees while on duty. (2) f=ranchisee shall be responsible for damage to vehicles while in its possession caused by its active or passive negligence. (3) Franchisee shall be responsible for. damage to persons or property caused by the active or passive negligence or willful misconduct of its employees en route to or from a City request for tow services. B. Franchisee and its officers, employees, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code. 11, INSURANCE A. Franchisee shall procure and maintain, at its sole cost, a policy of comprehensive liability insurance in an amount and form acceptable to the City's Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise Agreement and proof of such public liability insurance shall be provided to the City on demand. . B. Franchisee shall procure and maintain, at its sole cost, -Business Auto Coverage in an amount and form acceptable to the City's Risk Manager. If Franchisee or Franchisee's employees will use personal autos in any way in performing services under this Franchise Agreement, Franchisee shall provide evidence of personal auto liability coverage for each such person. 12, INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to its franchise with the City or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the Franchisee or its agents and employees. G 13., RESPONSE TIME A. Average and Maximum Response Times. f=ranchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the police department shall not exceed twenty -five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the police department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene, B. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the police department of this delay and the reason for the delay. 14. ROTATION SYSTEM _ As of the Effective Date, Franchisee is the only Official Police Tow Service for the City. Should the City determine to designate one or more additional Official_ Police_ Tow Services_, the City--shall implement a rotation _system as set forth in BPMC Chapter 100 or any successor thereto. The provisions of this Section 15 shall not be deemed to prevent the City from utilizing another towing service without implementing such a rotation system when, in its sole discretion, Franchisee is not able to adequately respond to a call for services. 15. NON - DISCRIMINATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. 16. GROUNDS FOR CANCELLATION- REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the Chief of Police, either as a whole or as to any person or vehicle controlled by Franchisee, for any of the following reasons: (1) Franchisee falls to pay any City business license fees or other fees provided in this Franchise Agreement or by the Baldwin Park Municipal Code; or (2) Franchisee breaches any rules, regulations, or conditions set forth in this Franchise Agreement or the Baldwin Park Municipal Code; or (3) Franchisee, any person having any ownership interest in Franchisee, or any employee of Franchisee violates any federal, state or local law; or (4) Franchisee fails to maintain a satisfactory level of service to the police or public; or (5) Franchisee fails to keep any tow vehicle in safe condition and good repair; or (6) Franchisee fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code, or (7) Franchisee charges any fee or rate not permitted by this Franchise Agreement; or (8) Franchisee passes on a tow assignment more than four (4) times in any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the police department, including, without limitation, the towing of City vehicles at no charge; or (9) Franchisee fails to respond to requests for tow service by the police department within the response time established by this Franchise Agreement or BM PC Chapter 100; or (10) Franchisee commits fraud or deceit upon the City,- including, without limitation, falsifying data or records relating to the City's requests for towing services, falsifying the number of official police tow services performed, or falsifying the response times to City requests for tow services; or (11) Franchisee commits fraud or deceit upon any person to whom Franchisee provides tow truck services; or (12) Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure 8 such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or (13) Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or (14) Franchisee violates any order or ruling of any regulatory body having jurisdiction over Franchisee relative to its tow truck business, unless such order or ruling is being contested by Franchisee by appropriate proceedings conducted in good faith; or (15) Franchisee becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. 17. PROCEDURE FOR ACTION AGAINST FRANCHISEE BPMC Section 100.260 currently establishes the procedure for action against the Franchisee for violation of this Agreement. The City reserves the right to modify or delete such section, provided, however, that in no event shall City terminate this Agreement for cause unless Franchisee has been provided not less than ten (10) calendar days notice any default and an opportunity to cure such default within such time period. 18. LIQUIDATED DAMAGES A. Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period. Franchisee agrees to pay the City one hundred dollars ($100) each and every time that it fails to meet the maximum response time for any single request for tow service by the police department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. B. ' Hearing. Prior to the imposition of such liquidated damages against Franchisee, Franchisee shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with BPMC Section 100.260. Notwithstanding the foregoing, City reserves the right to modify or delete BPMC Section 100,260, provided, however, that in no event shall liquidated damages pursuant to this Section be imposed unless Franchisee has been provided with an opportunity for hearing before the Police Chief as to such imposition, 19. COMMUNICATIONS Any notice, demand, request, consent, approval, designation, or other communication which either party is required or desires to give or make or communicate to the other party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the follow addresses: CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Chief of Police FRANCHISEE: Royal Coaches Autobody and Towing 12847 Ramona Boulevard Baldwin Park California 91706 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding, 21. WAIVER Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 10 22,' BINDING EFFECT This Franchise Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto, except as set forth in Section 7 of this Franchise Agreement. 23, GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESSETH WHEREOF, the parties hereto have caused this Franchise Agreement to be executed and effective the day and year first above written. CITY OF BALDWIN PARK Vijay Singhal Chief Executive Officer FRANCHISEE Roberto sss- " •- Approved as to Form: Stephanie Scher, Attorney at Law Kane Ballmer & Berkman City Attorney II Date Ql0&7e CITY OF BALDWIN PARK e It BALDWIN n,A= R> K CITY COUNCIL AGENDA MAR 1 AZO8 ITEM R10. CONSENT CALENDAR TO: Honorable M or and City Councilmembers FROM: Michael Tay o tang Chief of Police DATE: MARCH 19, 2008 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN FEES FOR POLICE RELATED SERVICES, EXTENDING THE CURRENT TOWING CONTRACT FOR A PERIOD OF FIVE YEARS, AND REVISING THOSE SAME FEES, AS SET FORTH IN RESOLUTION NO. 2005 -001. PURPOSE This report requests the City Council adopt Resolution No. 2008 -016, which increases existing fees for police related services and provides for a five year extension on the current agreement through September 30, 2011 (as the current agreement ends September 30, 2009). BACKGROUND The current towing franchise agreement amount of $52 per vehicle stored is based on a January 2005 time and motion study. The current public administrative vehicle release fee of $113.00 per release is also based on a January 2005 time and motion study. The time and motion rates for vehicle storages have not been amended since January 2005. And since that time, the processing steps and time for the completion /processing of vehicle storages have increased with the added police administrative and operations procedures. The compensation rates for all police employees involved in the storage of a vehicle have also increased. The combination of these two rates substantially increases the time and motion rates for a vehicle storage processing. These increases are depicted in a new time and motion study that was completed January 2008, labeled "Exhibit A" and is included in this report. The (new) January 2008 (towing program) time and motion study, coupled with Resolution 2008 -015 Staff Repprt, the current police and other City employee compensation rates, revealed that the old (2005 time and motion based) rates are now fiscally inadequate in their ability to meet current administrative costs and expenditures associated with towing, storing, and releasing of vehicles (stored by our agency). Specifically, the study suggests that the current rate of towing franchise fees in the amount of $52 per vehicle towed be increased to $111.55 per vehicle towed. And that the current public administrative release fees of $113.00 are increased to $144.24. In addition to the $111.55 franchise agreement, the city asks to be compensated for the additional completion /processing of all 30 -day ( "Extended Storages "). Extended storages involve further review of the storage authority by a police supervisor and additional processing on the part of the police records bureau. Staff recommends the implementation of a franchise agreement fee of 20% of all proceeds incurred by Royal Coaches as a result of police 30 -day vehicle storages. Staff also recommends amending the current franchise agreement by providing for a five year extension on the current agreement through September 30, 2014. The current agreement ends September 30, 2009. Therefore, the City could not obtain the financial benefits which will - result from this proposed extension without the agreement of the current operator. According to the city's attorney, there is no State or local law that requires a bidding process before this contract extension may be awarded. The City Council retains the authority to determine whether the level of services provided by the current tow truck vendor and the proposed business deal are in the public interest, Thus, the recommendation is to extend the terms of the current agreement and include an amendment defining additional terms and conditions which will benefit the City in the near term, as well as over the length of the extended agreement. The city attorney has reviewed this report as to form and content. FISCAL IMPACT A revenue enhancement annually to the general fund of $76,700 from the new police services and fees associated with these services and the increase in an existing fee. A possible revenue enhancement annually to the general fund of $37,200 from the increase of the Franchise Agreement fee for Official Police Towing Services. A possible revenue enhancement annually to the general fund of $45,000 from the implementation of a franchise agreement fee of 20% of all proceeds incurred by Royal Coaches as a result of police 30,day vehicle storages. Resolution 2008 -016 Staff Report RECOMMENDATION • That the current towing franchise agreement amount of $52 per vehicle stored be increased $111.55 per vehicle. • And that the current public administrative release fees of $113.00 per vehicle are increased to $144.24 per vehicle. • And that council approves the proposed implementation of a (new) franchise agreement fee of 20% of all proceeds incurred by Royal Coaches as a result of police 30 -day vehicle storages/impounds. And that this fee will reflect an additional 5% increase (totaling 25 %) commencing September 1, 2010. • Furthermore, staff recommends amending the current franchise agreement by providing for a five year extension on the current agreement through September 30, 2014. The current agreement ends September 30, 2009. The recommendation is to extend the terms of the current agreement and include an amendment defining additional terms and conditions. It is further recommended that the City Council waive further reading, read by title only and adopt Resolution No. 2008 -016 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN FEES FOR POLICE RELATED SERVICES AND REVISING THOSE SAME FEES, AS SET FORTH IN RESOLUTION NO. 2005-001.$$ ATTACHMENTS • Resolution No. 2008 -016 • Amendment to Franchise Agreement RESOLUTION NO. 2008 -016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN FEES FOR POLICE RELATED SERVICES AND REVISING THOSE SAME FEES, AS SET FORTH IN RESOLUTION NO. 2005 -001 WHEREAS, the City Council desires to revise the fee schedules relating to police related fees as set forth in Resolutions 2005 -001. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The cost of issuing, processing, and using City Police Services and the time and motion study rates for vehicle storages shall be in accordance with the attached Schedule of Fees and Charges, attached hereto and incorporated herein as Exhibit'A.' Section 2. Commencing on March 1, 2008, the fee schedules set forth in Exhibit 'A,' which are supported by the time and motion study also set forth in Exhibit 'A,' supercede those fee schedules provided In Resolution 2005001 relating to schedule of fees and cost of Police services. Section 3. All fees set forth in Resolution 2005 -001 that are not in conflict with those established by this Resolution shall remain in full force and effect. Section 4. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this 19"' day of March, 2008. Manuel Lozano Mayor Resolution No. 2008 -016 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss, CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, CIVIC, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the 191h day of March, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS; ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ, CIVIC CHIEF DEPUTY CITY CLERK Resolution No. 2008 -016 EXHIBIT A Page 1 Exhibit "A„ Baldwin Parse Police Department Processing Steps and Time for the processing of the towing program described in California Vehicle Code § 12110 to establish a towing franchise fee Processing time for a Police Captain: 25 minutes Steps Involved in the Towing Program: Review of the monthly towing report, to include the franchise fee check, and the review of the disposition of all vehicles towed/impounded during the month Processing Time for the Chief of Police: 20 minutes Steps Involved in the Towing Program: Review of the monthly towing report, to include the franchise fee check, and the review of the disposition of all vehicles towed/impounded during the month Processing Time by the Administrative Secretary (Records Spec. 11): 20 minutes Steps Involved in the Towing Program: Delivery and deposit of the monthly franchise fee check with the finance clerk Processing Time fora Finance Clerk: 20 minutes Steps Involved in the Towing Program: Deposit of the monthly franchise fee check Processing Time for a Sr, Finance Clerk: 20 minutes Steps Involved in the Towing Program: Deposit of the monthly franchise fee check and verification of the deposit Resolution No. 2008 -016 EXHIBIT A Page 2 Compensation Rates Position Hourly Rate Benefits Total Chief of Police $67.30 $48.46 $115.76 Police Captain $58.79 $43.09 $101.88 Records Spec 11 $18.70 $10.50 $29.20 Finance Clerk $18.26 $10.39 $28.65 Sr. Finance Clark $22.35 $11.38 $33.73 Calculated @ Hourly Rate for Step 7 Employee Time and Motion Rates for the Processing of the Towing Pro ram Position Time Pay Rate Cost Police Captain 25 minutes $101.88 $42.45 Chief of Police 20 minutes $115.76 $38.58 Records Spec 11 20 minutes $29.20 $9.73 Finance Clerk 20 minutes $28.65 $9.55 Sr. Finance Clark 20 minutes $33.73 $11.24 Total Cost $111.55 All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Resolution No. 2008 -016 EXHIBIT A Page 3 Baldwin Park Police Department Processing Steps and Time for the completion /processing of a vehicle storage as described in California Vehicle Code § 22850.5 Processing time for a Patrol Officer: 45 minutes Steps Involved in Handling CHP 180: Request registration /stolen information via the radio Inventory vehicle /complete CHP 180 report Deliver report to police station Obtain and attach computer printout to report Have report reviewed and approved Log report into report ledger Processing Time in Communications: 50 minutes Steps Involved in Handling CHP 180: Obtain vehicle information from officer or citizen Complete DMV registration check and dispatch call if necessary Relay vehiclelcase information to officer Telephone Tow Agency Add vehicle information to tow ledger Input vehicle status information into CAD Input vehicle information into CLETS Monitor call on CAD screen for duration of the call Processing Time by Watch Commander: 10 minutes Steps Involved in Handling CHP 180: Review report for accuracy /completeness Log report as approved in ledger Assist records /approve release of vehicles Processing Time in Records Section: 70 minutes Steps Involved in Handling CHP 180: Processing: 5 minutes Accept report and pull case folder Complete registration to verify report information Notification: 10 minutes Complete notification form and mail R/O, L/O and Storage facility File with case Entry of Report: 10 minutes Enter case and R/O into computer system Resolution No. 2008 -016 EXHIBIT A Page 4 Release: 20 minutes Search CAD for case number Verify RIO information and license status Get supervisor approval for release of the vehicle Complete form for RIO signature Make copy of release for RIO to present at storage facility Supply R/0 with directions to storage facility Re -file report Paperwork not current: 10 minutes Send new RIO to DMV for registration update Send R/0 to DMV to pay expired registration. Upon return perform release again. Telephone Contact: 5 minutes Obtain license number from RIO Search CAD for case number Obtain case and determine cause of storage Tell RIO what is necessary to obtain release Re -file report Notice of impound returned: 10 minutes Pull case to determine if vehicle has been released Mark notification form of non - release and send copy to DOJ Attach returned envelope to original storage form Re -file case Resolution No. 2008 -016 EXHIBIT A Page 5 Compensation Rates Position Hourly Rate ** Benefits * ** Total Police Officer* $49.39 $40.15 $89.54 Dispatcher $22.56 $11.43 $33.99 Police Lieutenant $50.45 $37.83 $88.28 Records Spec. II $18.70 $10.50 $29.20 * = Calculated @ 1.5 Police Officers Records Specialist All rates calculated @ Hourly Rate for Step 7 Employee Rate of One Police Officer for Reference $32.93 $2677 $59.70 Time and Motion Rates for a Vehicle Storage Processin Position Time Pay Rate Cost Police Officer* 45 minutes $89.54 $67.15 Dispatcher 50 minutes $33.99 $28.32 Police Lieutenant 10 minutes $88.28 $94.71 Records Specialist 70 minutes $29.20 $34.05 Total Cost $144.24 * = Calculated @ 1.5 Police Officers All time and motion rates calculated at Pay Rate 160 (for minutes) x Time Resolution No. 2008 -016 EXHIBIT A Page 6 Current Recommended Adopted Vehicle Impounds: Impound /Stored vehicles - release $113.00 $144.24 Impound /Stored vehicles for 30 $113.00 $144.24 days- release DUI Stored vehicle- release $250.00 $250.00 Towing Franchise Fee Per $52.00 Not to exceed Vehicle $111.55 AMENDMENT TO FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS AMENDMENT TO FRANCHISE AGREEMENT FOR OFFI POLICE TOW SERVICES ( "this Amendment ") is made and entered int February 20, 2008 ( "Effective Date "), between the City of Baldwin Pa municipal corporation organized and existing under the State of Calif( hereinafter referred to as "City," and Royal Coaches Autobody & Towh California corporation, hereinafter referred to as "Franchisee." RECi.TALS JAL on a nia, I, a A. The Baldwin Park City Council (the "City Council ") enacted T '0 tX, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably p ced and conducted in the best interests of the public and efficlent police operat ns; and B. The Franchisee was determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, base i on such determination, the City Council entered into that certain agreement d ited October 1, 2005, to grant Franchisee a non - exclusive franchise for tol ving services (the "Franchise Agreement); and C. Pursuant to the Franchise Agreement, Franchisee has satisfac rily provided official police tow services, subject to and in accordance with the t rms and conditions set forth in the Franchise Agreement and in Chapter 100 o the Baldwin Park Municipal Code; and D. The parties desire to amend certain terms of the Franchise Agreem NOW THEREFORE, In consideration of the promises, covenants, nd conditions herein contained, the parties hereby mutually agree as follows: I . Unless otherwise expressly stated heroin, the terms and conditions o the Franchise Agreement shall remain in full force and effect; and unless othe ise -1- expressly stated or the context requires, all capitalized terms use herein hall have the same meaning as provided in the Franchise Agreement. 2. EXTENS(ON_OF.GRANT OF FRANCHISE Subject to all the terms and conditions of this Amendment and the Franchise Agreement, City hereby agrees to continue the non -excl live franchise with Franchisee through September 30, 2014. 3. FRANCHISE_ FEE Commencing on March 1, 2008, Franchisee shall pay City (i) a fran Ise fee in the amount of One Hundred Eleven Dollars and Fifty -five Cents ($11 55) per vehicle; provided, that Franchisee agrees to increase the fee during the erm of the Franchise Agreement if City verifies an increase in perso nel compensation rates increase as shown by a time /motion study and (ii) a my percent (20 %) share of all the proceeds Franchisee receives for all veh les Franchisee stores for thirty (30) days or more (the "Extended Storag s "); provided, that City's percentage share for Extended Storages shalt increas , to twenty-five percent (25 %) on September 1, 2010. The reports required by the Franchise Agreement shall include a reporting of the number of Exter ded Storages and amounts received by Franchisee for each of the Exter ded Storages. IN WITNESSETH WHEREOF, the parties hereto have caused this Amend ent to Franchise Agreement to be executed and effective the day and year first above written. CITY OF BALDWIN PARK Vijay Singhal Chief Executive Officer APPROVED AS TO FORM: Aleshlre & Vyynder, LL By: ✓� s h W. Pannone, City Attorney [Signatures continued on page 3] -2- FRANCHISEE s [Signatures continued from page 2] Roberto Salazar, Corporate President Its. _3_ FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES ( "Franchise Agreement") is made and entered into on October 1, 2005 ( "Effective Date "), between the City of Baldwin Park, a public entity organized and existing under the State of California, hereinafter referred to as "City," and Royal Coaches Autobody & Towing, hereinafter referred to as "Franchisee." RECITALS A. The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B. The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, based on such determination, the City Council has selected the Franchisee to enter into this non - exclusive Franchise Agreement; and C, Franchisee has agreed to provide such official police tow services, subject to and in accordance with the terms and conditions set forth in this Franchise Agreement and in Chapter 100 of the Baldwin Park Municipal Code ( "BPMC "). NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: 1. GRANT OF FRANCHISE City hereby grants Franchisee Police Tow Services in accordance Baldwin Park Municipal Code. 2. FRANCHISE FEE the non - exclusive right to provide Official with and pursuant to Chapter 100 of the A. Fee amount. Franchisee shall pay the City a franchise fee in the amount of fifty -two dollars ($52.00) per vehicle. The franchise fee shall be payable within ten (10) days of the close of the previous month for all vehicles towed pursuant during said month. The obligation to pay the final month's franchise fee shall survive the termination of this Franchise Agreement. B. Exemptions. Substantially stripped and junked vehicles shall not be considered a "vehicle" under paragraph A of this section and, therefore, Franchisee is not required to pay the franchise fee for such vehicles. 3. FRANCHISE FEE REPORTS A. Annual income statement. Franchisee shall annually provide the City with an income statement of the Official Police Tow Service performed by Franchisee under this Franchise Agreement. Such statements shall be in such substance and format as may be approved by the Director of Finance or his/her designee. S. Monthly report. Each monthly franchise fee payment made by Franchisee to the City shall be accompanied by a brief report showing the basis for calculating the monthly franchise fee and a written statement as to the correctness of such report, signed under penalty of perjury by an officer of the Franchisee. The monthly report meet all requirements of the Baldwin Park Municipal Code, shall Identify In detail the number of official police tow services performed, and shall set forth the basis for exempting any tow services from calculation of the monthly franchise fee payment, in accordance with this Franchise Agreement. 4. FRANCHISE TERM The franchise granted by this Franchise Agreement shall be valid for a term of four (4) years from the effective date stated above. At the conclusion of the term, this Franchise Agreement shall terminate automatically and without any further action or notice by the City required. Nothing in this section shall -prohibit this Franchise Agreement from being terminated prior to the end of the term pursuant to the provisions of this Agreement or BPMC Chapter 100 5. UNIFORM TOW FEE RATES A. Fee Schedules. Unless otherwise permitted by the City, the Franchisee shall charge only those fees established by the uniform tow fee schedule. The uniform tow fee schedule is determined by using the average tow fee allowed by the California Highway Patrol (the: "CHIP") for the Baldwin Park 2 .. �..�� F. ..... �. - • . .... _. ..c Yi .S .sj. ...... ri. :- q }'•.':j I: 3.S; T. _....i�x.s�i. �tiia.. ...r.�_z-- ._.._.__.....__...�.. T_.. � -.-.. region for those Official Police Tow Services with contracts with the CHP. Said rates may be adjusted annually unless an adjustment to rates Is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and a vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the Chief of Police or his or her designee. Franchisee may request an administrative hearing on any such dispute to the City's Chief Executive Officer in accordance with BPMC Chapter 100. 6. BUSINESS LICENSE REQUIRE© Franchisee agrees to have and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement, 7. TRANSFER OR ASSIGNMENT OF FRANCHISE A, Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted herein, without obtaining the prior written consent of the City Council. Any request to transfer or assign the franchise must be In writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. Such request shall be processed and determined in accordance with BPMC Chapter 100. B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word "control" as used herein is not limited to a change in major stockholders or partners of the Franchisee, but also includes actual working control in whatever manner exercised. C. Grounds for Revocation of Franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of this franchise without the prior written consent of the City Council shall be null and void. 8. TOW TRUCK EQUIPMENT REQUIREMENTS A. Capabilities. Franchisee represents and agrees that it shall provide towing equipment capable of providing for the following services, (1) Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five (5) tons. (2) Wheel lift towing. (3) Roll back/flatbed towing. (4) Towing In parking garages. (5) Towing from off road areas. (6) Towing of large and oversized vehicles. (7) Towing of motorcycles without causing additional damage. B. Minimum Equipment Available. Franchisee shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one of the three (3) tow trucks in service must have a five (5) ton lifting capacity. C. Other Requirements. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPMC Chapter 100. 9. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPMC Chapter 100 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions required therein or in this Franchise Agreement shall be grounds for cancellation, revocation, or suspension of the Franchise Agreement. The terms and conditions established in BPMC Chapter 100 relate to the following areas: A. Request For Services 4 B. Business Hours C. Signs Required D. Release or Availability of Vehicles E. Available On Demand F. Professional Attire G. Removal of Hazards H. Towing of City Vehicles Records and Offices Subject to Inspection J. Communications Requirements K. Vehicle Storage Facilities L. Official Storage Lot The City reserves the right to add to, delete, or modify any requirement established by BPMC Chapter 100. In the event the City adds to or modifies any such requirement, the parties shall meet to determine if such addition or modification constitutes a substantive change to this Agreement, and in such event, shall In good faith determine the appropriate amendment to address such addition or modification. In the event the City amends BPMC Chapter 100 to delete any requirement set forth therein, the City may, in Its sole discretion, provide notice to the Franchisee that such requirement shall nonetheless continue to apply to Franchisee for purposes of this Franchise Agreement. 10. RESPONSIBILITY FOR OWN ACTS A. Franchisee shall be fully responsible for any and all actions of its officers, employees and agents while performing under this Franchise Agreement, including but not limited to the following: (1) Franchisee participating in towing -assignments by the police departrgent shall be responsible for the acts of their employees while on duty. (2) Franchisee shall be responsible for damage to vehicles while in its possession caused by Its active or passive negligence. (3) Franchisee shall be responsible for damage to persons or property caused by the active or passive negligence or willful misconduct of its employees en route to or from a City request for tow services. B. Franchisee and its officers, employees, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code. 11. INSURANCE A. Franchisee shall procure and maintain, at Its sole cost, a policy of comprehensive liability insurance in an amount and form acceptable to the City's Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise Agreement and proof of such public liability insurance shall be provided to the City on demand. B. Franchisee shall procure and maintain, at its sole cost, Business Auto Coverage in an amount and form acceptable to the City's Risk Manager. If Franchisee or Franchisee's employees will use personal autos in any way in performing services under this Franchise Agreement, Franchisee shall provide evidence of personal auto liability coverage for each such person. 12. INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or Injury to persons or property in any manner whatsoever arising out of or incident to its franchise with the City or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, In providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the Franchisee or its agents and employees. 13. RESPONSE TIME A. Average and Maximum Response Times. Franchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the police department shall not exceed twenty -five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the police department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene, B. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the police department of this delay and the reason for the delay. 14, ROTATION SYSTEM As of the Effective Date Franchisee is the only Official Police Tow Service for the Clty. Should the City determine to designate one or more additional Official Police Tow Services, the City shall implement a rotation system, as set forth in BPMC Chapter 100 or any successor thereto. The provisions of this Section 15 shall not be deemed to prevent the City from utilizing another towing service without implementing such a rotation system when, in its sole discretion, Franchisee is not able to adequately respond to a call for services. 15. NON- DISCRIMINATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that It will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age. 16, GROUNDS FOR CANCELLATION, REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the Chief of Police, either as a whole or as to any person or vehicle controlled by Franchisee, for any of the following reasons: (1) Franchisee falls to pay any City business license fees or other fees provided in this Franchise Agreement or by the Baldwin Park Municipal Code; or (2) Franchisee breaches any rules, regulations, or conditions set forth in this Franchise Agreement or the Baldwin Park Municipal Code; or (3) Franchisee, any person having any ownership interest in Franchisee, or any employee of Franchisee violates any federal, state or local law; or (4) Franchisee fails to maintain a satisfactory level of service to the police or public; or (5) Franchisee falls to keep any tow vehicle in safe condition and good repair; or (S) Franchisee falls to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code; or (7) Franchisee charges any fee or rate not permitted by this Franchise Agreement; or (8) Franchisee passes on a tow assignment more than four (4) times In any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the police department, including, without limitation, the towing of City vehicles at no charge; or (9) Franchisee fails to respond to requests for tow service by the police department within the response time established by this Franchise Agreement or BMPC Chapter 100; or (10) Franchisee commits fraud or deceit upon the City, Including, without limitation, falsifying data or records relating to the City's requests for towing services, falsifying the number of official police tow services performed, or falsifying the response times to City requests for tow services; or r (11) Franchisee commits fraud or deceit upon any person to whom Franchisee provides tow truck services; or (12) Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure 8 such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or (13) Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or (14) Franchisee violates any order or ruling of any regulatory body having jurisdiction over Franchisee relative to its tow truck business, unless such order or ruling is being contested by Franchisee by appropriate proceedings conducted in good faith; or (15) Franchisee becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt, 17. PROCEDURE FOR ACTION AGAINST FRANCHISEE BPMC Section 100.260 currently establishes the procedure for action against the Franchisee for violation of this Agreement. The City reserves the right to modify or delete such section, provided, however, that in no event shall City terminate this Agreement for cause unless Franchisee has been provided not less than ten (10) calendar days notice any default and an opportunity to cure such default within such time period. 18. LIQUIDATED DAMAGES A. Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the City. Such damages are, and will continue to be impracticable and extremely difficult to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period. Franchisee agrees to pay the City one hundred dollars ($100) each and every time that it fails to meet the maximum response time for any single request for tow service by the police department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty. 9 B. Hearing. Prior to the impositlon of such liquidated damages against Franchisee, Franchisee shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with BPMC Section 100.260. Notwithstanding the foregoing, City reserves the right to modify or delete BPMC Section 100.260, provided, however, that in no event shall liquidated damages pursuant to this Section be imposed unless Franchisee has been provided with an opportunity for hearing before the Police Chief as to such imposition. 19. COMMUNICATIONS Any notice, demand, request, consent, approval, designation, or other communication which either party is required or desires to give or make or communicate to the other party shall be In writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the follow addresses: CITY: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Chief of Police FRANCHISEE: Royal Coaches Autobody and Towing 12847 Ramona Boulevard Baldwin Park California 91706 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be Invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. 21. WAIVER Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 10 22. BINDING EFFECT This Franchise Agreement shall b e benefit of the successors of each of the Section 7 of this Franchise Agreement. 23. GOVERNING LAW binding upon and shall inure to the parties hereto, except as set forth in This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESSETH WHEREOF, the parties hereto have caused this Franchise Agreement to be executed and effective the day and year first above written. CITY OF BALDWIN PARK 11D V" y Sing al Chief Exeduthle Officer Date FRANCHISEE 1 Oil Roberto Salazar President - Approved as to Form: Stepha le Cher, Attorney at Law Kane Ba mer & Berkman City Attorney AMsx: Y C CLERK /DEPUlY F� r /r/ /fin �•�"ldFz.�1v C01�)PVAA 71, o le14-- AMENDMENT TO FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES FOR THE CITY OF BALDWIN PARK THIS AMENDMENT TO FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES ( "this Amendment ") is made and entered into on March 19, 2008 ( "Effective Date "), between the City of Baldwin Park, a municipal corporation organized and existing under the State of California, hereinafter referred to as "City," and Royal Coaches Autobody & Towing, a California corporation, hereinafter referred to as "Franchisee." RECITALS A, The Baldwin Park City Council (the "City Council ") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public and efficient police operations; and B. The Franchisee was determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service and, based on such determination, the City Council entered into that certain agreement dated October 1, 2005, to grant Franchisee a non - exclusive franchise for towing services (the "Franchise Agreement "); and C. Pursuant to the Franchise Agreement, Franchisee has satisfactorily provided official police tow services, subject to and in accordance with the terms and conditions set forth in the Franchise Agreement and in Chapter 100 of the Baldwin Park Municipal Code; and D. The parties desire to amend certain terms of the Franchise Agreement. NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties hereby mutually agree as follows: 1. CONTINUATION OF TERMS OF FRANCHISE AGREEMENT AND DEFINITIONS Unless otherwise expressly stated herein, the terms and conditions of the Franchise Agreement shall remain in full force and effect; and unless otherwise -1- expressly stated or the context requires, all capitalized terms use herein shall have the some meaning as provided in the Franchise Agreement. 2. EXTENMbJ OF DRAW OF FRANCS Subject to all the terms and conditions of this Amendment and the Franchise Agreement, City hereby agrees to continue the non - exclusive franchise with Franchisee through September 30, 2014. 3. ERMICHISE FEE Commencing on March 1, 2008, Franchisee shall pay City (1) a franchise fee in the amount of One Hundred Eleven Dollars and Fifty -five Cents ($111.55) per vehicle; provided, that Franchisee agrees to increase the fee during the term of the Franchise Agreement if City verifies an increase in personnel compensation rates increase as shown by a timefmotion study and (ii) a twenty percent (20%) share of all the proceeds Franchisee receives 'for all vehicles Franchisee stares for thirty (30) days or more (the "Extended Storages'); provided, that City's percentage share for Extended Storages shall irxxease to twenty -five percent (25 %) on September 1, 2010. The reports required by the Franchise Agreement shall include a reporting of the number of Extended Storages and amounts received by Franchisee for each of the Extended Storages. IN WITNESSETH WHEREOF, the parties hereto have caused this Amendment to Franchise Agreement to be executed and effective the day and year first above written. APPROVED AS TO FORM: Aleshire & nder, LL By: 0110h W. Pannone, City Attorney CSignaWr+es continued on page 31 -2- FRANCHISEE M [Signatures continued from page Z] Roberto Salazar, Corporate President Its: -3- AM Fop-tle- afflCL- ROYAL COACRES A Y TV B V D Y & TOWING 1 Y' �!.��ij3�� �j:].G`i• 14827 Ramona Blvd. Baldwin Park, CA 91706 Tel (626) 9601824 Fax (626) 960 -1824 1018-10 Baldwin Park Police Department Attn: Chief LIW Hadsoll 14403 E Pacific Ave Baldwin Park, CA 91706 Re; Amendment to the Tow Franehise Agreement Dear Chief Hadsell, In scope of the recent changes proposed to the Towing Policy, Royal Coaches would like to request a reduction in the per vehicle fianchise fee paid by Royal Coaches to the City of Baldwin Park. Currently we are paying $111.55 per vehicle to the City. Since the new Tow Policy will allow for most of the vehicle's impounded for no drivers license to be released after only one day (230,00), almost (50) percent of the revenue collected by Royal Coaches is being paid hack to the City in form of a franchise fee. We should not be expected to continue to operate at this level. What we would propose that the fee paid to the City by Royal coaches be ($52.00) per vehicle. Is it possible for the City Council to consider an adjustment to the franchise Agreement at the following Council Meeting? Thank You in advance for your prompt attention to ibis matter. $VLgerely, Bill Salazar, Owner- Royal Coaches cc- V. Singhal, M. Lozano, R. Pacheco, M, Garcia, S. Rubio, M. Garcia CITY COUNCIL AGENDA P , A - PL, K TO: Honorable Mayor and Members of the City Coplicil FROM: Laura M. Nieto, CMC, Deputy City Clerk DATE: November 117, 2010 SUBJECT. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from November 3, 2010) PURPOSE This report requests that the City Council appoint applicants to fill vacancies on the Personnel Commission. DISCUSSION There are currently four (4) vacancies on the Personnel Commission. At the City Council meeting of September 1, 2010, the City Council directed staff to re- notice those vacancies. A Public Notice of Vacancy was posted in three locations within the City for a 20 -day period of time, was posted on the City's website and was published in the NOW. The deadline for receipt of applications was Thursday, October 7, 2010 at 6:00 p.m. Five new applications were received; two prior two -year applications are currently on file. At the request of the City Council, a residency verification requirement for each applicant via review of drivers license and a current utility bill is now incorporated with the application process. Said documentation is on file in the City Clerk's office. BACKGROUND PERSONNEL COMMISSION The Personnel Commission consists of five (5) members who are appointed to a two - year term on a staggered basis. The only office currently filled is Office No. 2 (Barry Lu) Vacancies exist in Offices 1, 3, 4 and 5. Staff Report — Personnel Commission Appointments Page 2 F The following persons have requested consideration of appointment to the Personnel Commission: 4 open seats — Office No. 1 to a term ending June 30, 2012 Office Nos. 3. 4 and 5 to a term endina June 30. 2011 New Applicants Previous two -year Applicants Socorro V. Dantic Ofelia de Guzman Benson T. Lien Nabor Gilbert Padilla Paul S. Lo ez Edward J. Martinez Karla An ulo -Tovar RECOMMENDATION Staff recommends City Council review Commission applications and waive further reading, read by title only and adopt Resolution No. 2010 -046 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011" Attachments Attachment "N'— Resolution No. 2010 -046 Attachment "B" — Commission Applications Attachment "A" Resolution No. 2010046 RESOLUTION NO. 2010 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO, 2010 -026 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2012; TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2011; TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2011 AND TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2011 WHEREAS, the Personnel Commission consists of five (5) members and members are appointed to a two -year term on a staggered basis; and WHEREAS, vacancies currently exist in Office Nos. 1, 3, 4 and 5; and WHEREAS, a public Notice of Vacancy was posted for a minimum of 10 -days at three locations within the city, was posted on the city's website and in the October 1 November issue of the NOW. The deadline for submission was October 7, 2010 at 6:00 p.m. WHEREAS, the City Council desires to fill the vacancies of Office Nos. 1, 3, 4 and 5; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointment to Office No. 1 is made and entered onto this resolution for a two -year term, expiring June 30, 2012; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos, 3, 4 and 5 are made and entered onto this resolution for a term expiring June 30, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following named persons are hereby appointed as members of Office Nos. 1, 3, 4 and 5 respectively and such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Office 1 -- for the term expiring June 30, 2012 Office 2 -- BARRY LU for the term expiring June 30, 2012 Office 3 — for the term expiring June 30, 2011 Office 4 -- for the term expiring June 30, 2011 Office 5 — for the term expiring June 30, 2011 Resolution No. 2010 -026 Page 2 Section 2, That the City Clerk shall certify to the adoption of this Resolution and forward a copy of this Resolution to Commission appointees and a copy to the Commission secretary. PASSED, APPROVED and ADOPTED this day of 2010. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK Attachment "B" Applications (5 new, 2 prior two -year) Residence Address %i e/O (9,eA% 5T AA-4k -!f"4 q1706 Length of time at this Address E -mail add Home Phone No.( &-14 1 I --LO,�j 771 a 5,dGt@ a- C/ ':nvA'4 Cell /Message Phone Ge .SAD Are you 18 years of age or older? —1-111P�5 Are you registered to vote in the City of Baldwin Park? '��s Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? ZVO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 (0}11 12 High School Graduate? 'Affs G.E.D.? N T //cWtl -66E iC - ! EMPLOYMENT INFORMATION 1 EXPERIENCE: ,4a17,>H49/31L,- GLLfB �� REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on yrou� capabilities and character. �^ /-Q Name Address 7-Phone No. PLEASE ATTACH A CITY OF BALDWIN PARK ! Ffsto- o"671 *\ OTO •S3 01 J CURRENT COPY OF APPLICATION FOR CITY COMMISSION (�C 1 AU ILITY BILL AND A COPY'O,F YOUR PHOTO ID And STATEMENT OF QUALIFICATIONS r;''`� ' ''''.` "'''`''''�' :l< ,.rrs,. - ?s;'�lfhi\Ili'yl'iil`II APPLICATION IS FOR THE FOLLOWING COMMISSION: A separate application is required for each coiniraission PERSONAL INFORMATION: Name -- ,oce/kd V- Residence Address %i e/O (9,eA% 5T AA-4k -!f"4 q1706 Length of time at this Address E -mail add Home Phone No.( &-14 1 I --LO,�j 771 a 5,dGt@ a- C/ ':nvA'4 Cell /Message Phone Ge .SAD Are you 18 years of age or older? —1-111P�5 Are you registered to vote in the City of Baldwin Park? '��s Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? ZVO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 (0}11 12 High School Graduate? 'Affs G.E.D.? N T //cWtl -66E iC - ! EMPLOYMENT INFORMATION 1 EXPERIENCE: ,4a17,>H49/31L,- GLLfB �� REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on yrou� capabilities and character. �^ /-Q Name Address 7-Phone No. ACI>O.</�vgIL G�GfC� mCS /X333 �/�/ tri v /sue /� - /ifl� S� ! Ffsto- o"671 *\ OTO •S3 01 J C9 CP 37—.0 74 a, IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? /o If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLFzDGEMENTICERiIFICATtON: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the caws of the State of California that the foregoing is true correct. Date Signature Do Not Write Mow this Line - For Cit Use Only Residency verification: Yes ❑ No Date: 10111 0 Voter Registration Verification: Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. aii'O� *1-6 e '&;6 "'gw&v4 144-4`7— & Wdl , 19 y �c Ciz e ev�1e,� 7 Ake 0& twba l e �c ' e ws� r `� zda'c- lie t� Gt- aga ,ce A male k &- .91 G, % zrtVc�,�uc iSti C-`�m Yrw E1 LC �-S 4'n' 6-0'v Date: 7..ap /a Si aturo Notice: Please be advised that you and your, qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification wilt be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PUEaS�. '00'P .O CITY OF BALDWIN PARK .UTILINY51LPYOF APPLICATION FOR CITY COMMISSION A. UTILITY s.IL(: ANI]: A COPY 6V80U R. And CI': v :)r :3AL.L)vJlN PARK PHbfp ib� STATEMENT OF QUALIFICATIONS CL FR aI p�t�T'''lI err APPLICATION IS FOR THE FOLLOWING COMMISSION. � A separate a lication is required for each commission) PERSONAL INFORMATION: Residence Qc Length of time at this Address:. E -mall adaress: --t,— I i Kj i Vet"— W , — °'6 Home Phone No. �Jl� 2 Coll/Message Phone No.� —Z�"_ Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park?_ If yes, name of agency and position: EDUCATION:�I Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 0 High School Graduate ?� t].? EMPLOYMENT INFORMATION i EXPERIENCE: Name and Address of Em to er s C2�l,�A,tS � � C C ity S Yt� . rosiuon 11115 �lfillF� vasoa .I — 10:3 ' Se— it, gyoo � Lod �: e C� off` :'S eev-v e Z REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely, A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/line received: ACKNOWLEDGEMENTICERTIFICATION: understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laves f e State of California that the foregoing Is true and rect. Date Sign, tune s -L�rr�` 1" �f .ci,�"'r.�� ri!,{ 1 i:•- i '�d j2�� T-s f�� 3i <�, � f 1 Residency verification: Yes ❑ No Date: 10/11 o Voter Registration Verification: V'Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name [J ti z A ufm Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you fee[ will be beneficial to the Council in consideration of your appointment to this commission. ea; &� � how l'A& abo w VJW (,� to �' 4A arVk -1 Of - 'J PP C(h (ex-ceft� 4r wa� Mat) w ymotcv- . So wlle� lleavtl n Ou /tarn /A -QG VO �n learn. , ,� F �o a YY) p. Ivy �v1�k�. s&ft, ark,( v- So &5 re, A 'Ve �+ "�, � ti'1 �" Coen �, y� 4 YtA. s . I-P A'kitn 4)Ae' r-lu n t V serve, fit,& o+ Date: Sign ture -V W((IcO !Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. /tarn /A -QG VO W6 cu& 4 � SLS• @y� -Vz 6411 (Va6 sA-'A e- re, A 'Ve �+ "�, � ti'1 �" Coen �, y� 4 YtA. s . I-P A'kitn 4)Ae' r-lu n t V serve, fit,& o+ Date: Sign ture -V W((IcO !Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. � l 4 1 PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION �� I A UTILITY BILL AND � f'41r(► A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: ---► Personnel Commission (A separate application is required for each commission) PERSONAL INFORMATION: Paul S. Lopez Residence Address 3725 Ardilla Ave Length of time at this Address: 10 years E -mail address: paullopez.email@gmall.com Home Phone No. 626 -893 -0018 Cell /Message Phone No. Same Are you 18 years of age or older? Yos Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? Yes G.E.D.? Mount San Antonio Comm. College General - Managment one - Mgmt, Cert EMPLOYMENT INFORMATION i EXPERIENCE: Name and Address of E=m to er s Position Title Dates of Employment P.K. Schrieffer LLP Paralegal Supervisor Dec. 1, 2000 -� Present La Follette, Johnson, et, al. IClerk I Dec., 1999 - Dec., 2000 REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Joe Casanova 963 S. Menlo Ave #304 Los Ang 626-373-2444 Ex t. 2 (W or Javier Delgadillo 2744 Gallio Avenue, Rowland Heights 626 -373 -2444 Ext. 2749 Work IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment, Each case Is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: DUI - 05196, El M ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of erjury under the laws of the State of California that the foregoing is true an' d rnY" 1 October 7, 2010 Date Signature Residency verification: ff] Yes ❑ No Date: 16 111110 Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No Date: Voter Registration Verification: 0 Yes ❑ No Appointment date: Terin expires: Paul & Lopez Personnel Commission Gommission Requested: STATEMENT OF UALIFIGATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which yop are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. My goal and objective is to assist the community I live in. I have several years of management experience in a mid -sized law firm and have dealt with numerous employee issues, which I believe may be a benefit the City given the vacancies on the above commission. I -currently work at P.K. Schrieffer L ILP, in West Covina and primarily work on insurance defense matters, including employment litigation and supervise paralegals, as well as assist with managing the office clerks, office services, facilities and IT as needed. I have worked the full spectrum of the employment cycle - interview, hire, orientate, develop, promote, discipline, terminate and exit employees during my tenure. I would appreciate the opportunity to serve the city I have lived in for 10, plus years. Please contact me directly if you require additional information. Date: October 7, 2010 Sign ture Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current pr oof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY CPYIS�Q 'ARK A UTILITY BILL AND , } r 4,,z.� E A COPY OF YOUR And tl ; ' °; ! «�St)t1i�G s C) 7 r' i PHOTO ID STATEMENT OF QUALI�AT[ONSC' PE 5 L MM1SS�pN APPLICATION IS FOR THE FOLLOWING COMMISSION: — rp{ t' to separate aonlication is required for each commission) PERSONAL 1NFORMATIO Name EA')- - J i s Residence Address 130 6Z .l Length of time at this ddre all address: �Ci� —�( -/ L� L ewm Home Phone No. / "� J 16 CelUMessage Phone No. Are you 18 years of age or older? YP-,,5 Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? A If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 0 High School Graduate? G.E.D.? EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Em to er s Nosltlon I Itle I Ua[eS or tn­1 io meni ��j — — ccevl - 01/01 - f /:/ on REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. 10 ... 3111, M11,111 rrrr IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOW LEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is trLLOL and correct. Date Signature Do Not Write Below this' Line - For City Use Ohl Residency verification: 9 Yes ❑ No Date: 101111110 Voter Registration Verification: Pr Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires:_ Name ry --r— m Fes' Yl -- Commission Requested: Pely 5 0)1 A or, STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. � 4 0WO �Z' i hzv� J 3 'a" .� a� a2/ f� Cater Ce�� n�,�l Mee�✓�.� Ore) Date: 10107110 gnature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE.ATTAGH-A- CITY OF RA WON PARK CURRENT COP-Y- Or- A UTILITY BILL ANU APPLICATION- FOR CITY COMMISSION- Aqd Chr�( OF IBAI,D'�%'M 10AMK PHOTO-ID- STATEMENT- OF- i5UAt'lF;fbA-�t-tCiNg.iu',"T'?, , MIRGE LPT &T L 6 kM' ISSION APPLICATION-IS -FOR -THE FOLLONG-COMMISSION- ,-,PERSONNE MR111 OrT - 7 PH 4n- iin"- [��- morl, P ON4 INFPfz 'ATIPN F-R M Name. CA Length of time at this Address:. Aj&s&mall address: V-101" Home e Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park? I - I y" game of agency qq�y qpq position: FI)WATION: � Circle Highest grade you completed: 4 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D. Name and Location of College or University Course of Study Degree QCA V�:l 9omus,'Ao- qAS Ov, S' S VAell I'm L6 ok CQ- RNIM-PYKNT INFPRMATIPN I WgRIMPP: Name and Address of EmpfWr(s). Position Title Dates of Employment REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who pqn Ppmmei-it Pfi ypwr PPpOilgips on! Phorjap0r. Name Address Phone No. 1��QA CZJ2 2-7- tab W-uj�na' CA C'W)4�� IMPORTANT, Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case ls qqpplopre0 on it s individual indivi 4�!4a! HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? Wn If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: AGKNOWLEDGEMENTICERTIFIGATION: I understand that upon filing, this application becomes a public record. [ certify under penalty of perju under the laws of the State of California that the foregoing is 1ru andp rrect. jt OR, Pate ignatlare t-or k,,ny.Vsu uf uy . .. ... L.)O. NOt write delQW MIS Line Residency verification: N(Yes ENo Date: IVIIIIIQ Voter Registration Verification: Wy 6 No Residency verification. ❑ Yes ❑ No Date- Appointment date: Residency verification- ❑ Yes ❑ No Date: Term expires: Name i�� A `" Commission Requested: a(S-OYxI'\eA- STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have always admired The City of Baldwin Park's Mayor and City Council. I have been a resident of Baldwin Per since I was a child. I've seen how much my city has evolved in the past 26 years. I recently became a mother. l know that I plan on raising my child in Baldwin Park. As a mother, I hope to set an exam le for my child as well as other residents. So I decided to pursue something that's always interested me. [ believe holdinc q an Office for the Personnel Commission would help me learn more about the cities policle s and procedures and hopefully help me pain the knowledge and make the right connections that maybe one day would help me become a City Council Member. have been in the entertainment business for the past 5 years. I've been a Morning News Producer New Writer and most recently a Promotions Specialist. I en joy writing and also working with people. I am able to multi -task and have excellent communication skills. I am friendly, outgoing and highly ambitious and love helping others. of into Journalism in hopes of changing one's percel2tions and opening their a es up to the occurrences in our world. I en!LDy working in the news indust but now that I am a mother, I plan on only freelancing so I have more time available to pursue another goal of mine. Getting more involved in my own community and attaining a seat in City Council. I hope that my application is considered and look forward to learning more about the position. I know that I could bring a new voice, perspective and fresh outlook to the meetings. Thank you, Karla Angulo -Tovar Date: AD 4 iignaiure Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application Karla Angulo -Tovar 14203 Rockenbach St. Baldwin Park, California 91706 626 -541 -0974 Kpa8@msn.com EDUCATION California State Polytechnic University of Pomona Bachelor of Science in Communication Emphasis in Public Relations, Minor in Broadcast Journalism Graduated, .tune 2005 EXPERIFENCE FOX Television Stations Los Angeles, CA. Media Promotions Specialist/Promotions Producer 2007-2009 Responsible for negotiating and clearing network and syndicator added value promotions for In- house Media Buying department. Execute and develop media schedules with radio, print and outdoor partners. ldentify and confer off-channel exposure for local station promotions. Manage and implement marketing strategies and promotional campaigns, contests and promotional giveaways. Coordinate and facilitate sales promotions, station contests and help execute station events. Work closely with radio stations to help develop and execute various promotions; scheduling on -air promotion and organizing promo inventory. Strategiee and develop effective year -round off channel partnerships with local radio stations, producers and personalities. Manage on -going communication, fulfillment requests and proposals. Serve as Creative Services Department Liaison, assisted producing copy for radio spots, emails, and collateral and other -media opportunities. Wrote and produced on -air sales promotion spots. Train and assist in managing of Media Coordinators. Coordinate with Public Relations department for booking talent for on -air interviews and promotional appearances with media partners. Maintain and nurture good working relations with Media Representatives and Producers. Responsible for trafficking spots and creating traffic instructions for market affiliates. Traveled to markets, to help develop, establish and expand current partnerships. Maintained relationships with Cable affiliates. KABC, ABC 7 Los Angeles, CA. Freclance News Writer/Producer 2007 Wrote and copy edited assigned stories into scripts, supervised edit bays, submitted audio and video to be presented on the air. Updated copy and audio /video as story changed, coordinated live shots with field reporters, maintained communication with assignment desk. As a Producer, composed morning show by, finding newsworthy stories and assembled rundown. Assigned stories, confirmed accuracy of stories, ordered graphics, copy edited scripts, monitored wires for breaking news. Developed enterprise stories, managed field reporters, timed show live. KOVR, CBS 13 Sacramento, CA. Morning Show Producer 2006 -2007 Produced two hour morning news show, created show rundowns, researched and wrote news stories, tuned show live, worked with newscast directors and news staff to coordinate production of the newscast. Planned and executed live shots, field produced prepared persons for on -air interviews. Developed and assigned enterprise stories. Booked and coordinated talent bookings, made travel arrangements. Trained and managed Interns. KCNC, CBS 4 Denver, CO. News Apprentice/News Writer 2005 -2006 Produced cut -ins, printed and sorted scripts. Prepared guests for on -air interviews researched and wrote news stories for assigned shows. Pulled video and wrote to video. Ordered graphics, helped set up live shots and assisted with other communications in control booth. Responsible for assignment desk on weekends, monitored scanner activity and breaking news, developed and planned selection of news events to be covered and assigned personnel and equipment for coverage of news events. Managed website, uploaded links, wrote stories for web and posted clips. Fulfilled dub requests, acted as Production Assistant for popular seasonal 'Television programs such as "Bolder Boulder" and "Spirit of the Season." Performed runner duties, prepared reporters with audio equipment, selected on air interviews, provided scripts, and helped time live show. Cal Poly Pomona Pomona, CA. Administrative Assistant to Vice President 2004 -2005 Provided clerical assistance to Office of Vice President for Student Services, answered phones, filed, scheduled appointments. Planned luncheons and meetings for department researched new school programs, clubs. Ordered supplies and maintained inventory. Created and updated bulletin boards, fliers and departmental newsletters. BE Inc. Pomona, CA. Executive Assistant 2002 -2003 Provided administrative and clerical support for the Marketing and West Coast Sales department. Filed, answered phones and directed calls, Made copies, distributed materials to team members, such as memos and client correspondence. Assisted with research assignments, served as Liaison for vendors, and arranged all travel schedules. Acted as event planner for all conferences, meetings, luncheons and training seminars. Maintained departmental records and expenses, completed special projects as assigned. Entered and took phone orders, ordered office supplies. SKILLS • Bilingual in Spanish. • Self Starter, team player. + Proactive and effective managing skills. e High level of organizational skills. e Excellent verbal and written communication skills. a Able to coordinate and develop multiple projects. + Computer literate, Internet savvy, Xerox, fax, Dictaplione & PBX switchboard. s Microsoft office, Word, Power Point, Excel, Strata SBMS & MWS. + Quark Express, Adobe Photoshop, spreadsheet training & data entry. PLEASE ATTACH A CITY OF BALDWIN PARK �`� � C R>�I rT eoPY P APPLICATION FOR CITY COMMISSION : APR 3 0 2009 A UTILITY t3IL_L ANP And A COPY OF' YOUR PHpTO ID STATEMENT OF QUALIFICATIONS PERSONNEL CO'1�MMfON APPLICATION IS FOR THE FOLLOWING COMMISSION: �(A separate application is re Ul1eC>' for eacFt commission ���� - PERSONAL INFORMATION: Residence Address Length of time at this Address: ° E-mail address: d e 4 147 G, Home Phone No. -L;�>6 J gG �" Ceit/Mossage Phone No.� Are you 18 years of age or older? _ k 2 Are you registered to vote in the City of Baldwin Park? e� Cho you currently serve as an elected or appointed official for any board andfor agency within the City of Baldwin Park? ,tea I If yes, name of agency and positlon: EDUCATION: e�5 G,E,p,? Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 14 11 12 H €gh School Graduate. _.^ - �j/ / n g! �r�� • �. �«.� .� -�u.� �� ;, � ECG. EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address.af Esn to er s Position Title Oates of Em to ment GO U/ or /o�lrY /� %etaJ '?vz7F,- co o �jd:J��� C� o� f REFERENCES: Pleaso provide kite namos of two (r�7i ) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, -AY' F � IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case ii considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? if yes, Please list all offensos, data and place of offenses), and sentencelfine received: , ///0�% Date ACKNOWLEDGEMENTICERTIFICATEON: I understand that upon filing, this application Uflcomes a pubile record. I certify under penalty of perjury under the laws of the State of California that lho foregoing is true and correct. S' nature Residency Veriticatson: 11 Yes ®No Date :iN /W E1 g _ Voter Registration Verification: Residency verification: ❑ Yes ❑ No Date: Appointment date: Residencv verification: ❑ Yes ❑ No gate; Term expires:,_ Yes ❑ No Name Commission Requested: STATEMI -NT OF QUA[_IFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional information you fee[ will be beneficial to the Council In consideration of your appointment to this commission. Q m� Q - rJ o. -G4%cJ r� r»erir .���y.• c'� �1��� -c- <..�a rr� rrzN � -�.r.� ._ � e, Date:!' c7 — Sig Lure Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application Will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. Gfelia de Guzman 4942 Stewart Avenue Baldwin Park, CA 91706 (626) 962 -2628 Career Objective; To secure a position in general accounting with a firm that offers long -term growth opportunities. PROFESSIONAL. EXPER]INCE Surface Protection Industries, Inc. 3440 E 14" Street, Los Angeles, CA 90023. Oct. 1995 -Oct 2007: Position; Accounts Payable Supervisor. Assist in the preparation and completion of annual audit. Organize monthly closing including Journal Entries preparation. Account Reconciliations. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Suggest procedure changes to improve department performance. Roberts Consolidated Industries. 600 N Baldwin Park Boulevard, City of Industry, CA 91749. 1991 - Aug. 1998: Position: General Accountant. Assisted the CFO with preparation of monthly financial statements. Assisted in the preparation and completion of annual audit. Organized monthly closing including Journal Entries preparation, Account Reconciliations. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, snatching, control. Maintain vendor master file data in correct and current status. Suggested procedure changes to iinprove department performance, 1981 -- 1990: Position: Accounts Payable Supervisor. Supervised and evaluated the performance of five staff members. Responsible in selection and training'of new hires. Maintain cash flow plan. Interface with vendors. Interface with intercompany staff for invoice input and control. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Suggested procedure changes to improve department performance. Moslcatel's Tire., 715 S. Wall Street, Los Angeles, CA 90014 1980 -1981: Position: Accounting Supervisor. Supervised and evaluated the performance of three staff members. Responsible in selection and training of new hires. Insured that all fiinctions in the Accounting Department are being performed in accordance with established procedures. Recommended improvement of existing systems and procedures. Prepared reports as requested by the Controller. ® Account Reconciliations. 1977 -1980: Position; Accounts Payable. Maintain cash flow plan. Interface with vendors. Accounts payable invoice entry, matching, control. Maintain vendor master file data in correct and current status. Wallicl�'s Music Cite, Sunset and Vine, Hollywood, CA 1976 - 1977: Position: Accounts Receivable. A Preparation of bank deposits. ® Cash application including research and resolution of short payments and unapplied cash. • Customer conflict resolution, including research, issuance of credit memos, claim denial notification and freight claims. 9 Customer account reconciliations. o Verification of pricing, proof of deliveries, shortages and fi-eight claims. 0 Other general office and aeconnting functions as required. SPECIAL QUALII+ICATIONS Is Extensive experience in office management and all accounting functions with the ability to operate all standard office equipment. Ability to learn new methods and procedures rapidly. Highly motivated, results oriented regardless of obstacles. A demonstrated records of achievements. Personal qualities include dependability, initiative, drive and ability to work independently, ability to get along well with people. Extensive experience with computer associates PRIAS package on AS400 in Accounts Payable along with other accounting functions. Ability to operate standard office equipment. Familiar with various computer programs; Excel, Lotus. 1 -2 -3 and Client Access. EDUCATION b College Degree in Bachelor of Science in Elementary Education, Philippines Normal College, Manila, Citrus College; Accounting I and Accounting TI. • Computer Classes, various management and accounting seminars. SALARY ip Negotiable REFERENCES i Furnished upon request. PLEASE ATTACH A CITY OF BALDWIN PARK R - C, BE V E 1� CURRENT eQPY OF APPLICATION FOR CITY COMMISSION A UT1L.ITY Qk� AND And AIR 1 4 2001 A COI?.Y OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS �'Af2T:����3� APPLICATION IS FOR THE FOLLOWING COMMISSION; PEIZSONNELC�p ,4 separate application is required for each coinmission) PERSONAL_ INFORMATION: �1 Na Residence Address Length of time at this Address:__�_0_ E-mail address ;_p�t,!?�.jbTs_� Home Phone No. 61-2 CelllMessago Phone No. !n [r Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park ?�____,f/J/� Do you ourreniiy serve as an elected r appointed official for any board andlor agency within the City of Baldwin Park? jU ( -- If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 B 9 10 11 y2 High Sehaol Graduate? G.E.D,? _ gly EMPLOYMENT INFORMATION ! EXPERIENCE: v REFERENCES: Please provide the names of two ( @j persons, �,,hhnnenot(City=aIdJ r Appointed `Of cials end vaha can comment on your capabilitios and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. tarn case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION7_" If yes, Please list all offenses, date and place of offenses), and santancelhne received: LI w / w Date' ::.DO# fffl ttg °HG C J Yes ❑ No Date; Residency verification: C�J Residency verification: ❑ Yes ❑ No Tate: Res idencv verification: ❑ Yes ❑ No Date: ACKNOWLEDGE MENTICERTI FICATI ON: I understand that upon ailing, this application becomes blic record. I certify under penally of perjury tinder the lavas of the Sta of Cal'tfo that the foregoing Is lam nd c rrect 4 - -E� . 1 Signature Voter Registration Verification-. rl Yes ❑ NO Appointment date: "Perm exoires: } Commission Re uesfediYY _���_ ��lame� cry �y t . _ ✓ � � P _�U1L�— .._. -.. q STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneflcial to the Council in consideration of your appointment to this commission. i 'Vt C 'i `F' Its Y 4 —r7 M6Lfi& 5 T- `� c1 Q. Q 1 r ti- 0 c( �" (1 Date: t� 1 U) -- Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and State07ent of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of sold recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. AGENDA BALDWI N PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING November 17, 2010 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BAIDWN P* A* Ro K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) Community Development Commission Agenda — November 17, 2010 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. MINUTES Staff recommends Commission approve the minutes of the November 3, 2010 meetings (special and regular) and the November 8, 2010 meeting (special.) ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of November 2010. Laura M. Nieto, CMC Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2n Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e-mail at InietoQbaldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — November 17, 2010 Page 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA NOV. 17 , 2010 MINUTES Item No CITY OF BALDWIN PARK � A��s f�� WEDNE�uP%r, 1'4%a .a V L_1ViiL_v% CITY COUNCIL & COMMUNITY ,, �, x� �, 03, 2010 DEVELOPMENT COMMISSION ` 6:00 p.m. City Hall - Room 307 w 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Ricardo Pacheco, Mayor Pro Tom 1 Vice Chair Marlon Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member / Member Marlon Garcia, Council Member 1 Member Monica Garcia, Council Member 1 Member Rubio, Mayor/ Chair Lozano. Absent: Mayor Pro Tom 1 Vice Chair Pacheco. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GG §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437- 004 -060 J &J Warehouse Co. 1 Newman Tek Capital 14417 Ramona 8437 - 004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -063 J &J Warehouse Co. / Newman Tek Capital NIA 8437 - 004 -064 J &J Warehouse Co. / Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. / Newman Tek Capital 14519 Ramona 8437 -004 -066 J &J Warehouse Co. / Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. / Newman Tek Capital 14455 Ramona 8437 -004 -068 Bank of America 14401 Ramona Under Negotiation: 8437 - 004 -069 J &J Warehouse Co. / Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437 - 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions B) Properties: 8554 -001 -806 NIA 8554- 001 -807 NIA 8554 -001 -808 14436 Ramona Blvd. 8554 -001 -809 14436 Ramona Blvd. Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: GTE California, Inc. Under Negotiation: Price and terms of payment 3, CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956,9(b) One (1) Case RECONVENE IN OPEN SESSION The Council 1 Commission reconvened in open session with Council Member / Members Marlen Garcia, Monica Garcia, Rubio and Mayor 1 Chair Lozano present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7 :00 p.m. Approved as presented by the Council 1 Commission at their meeting held November 17, 2010. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, NOVEMBER 03, 2010 7 :00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlon Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlon Garcia. 1. WARRANTS AND DEMANDS Commission received and filed. 2. MINUTES Commission approved the minutes of the October 20, 2090 meetings (special and regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:17 p.m. Approved as presented by the Commission at their meeting field November 17, 2010. Laura M. Nieto, CIVIC Deputy City Clerk MINUTES CITY OF BALDWIN PARK ��$t�,,H NOVEMBER 06, CITY COUNCIL & COMMUNITY ass: 2010 DEVELOPMENT COMMISSION i A` 6:00 p.m. City Hall - Room �d f 307 rf0,�t�'' I4403 E. Pacific Avenue, Baldwin Park Manuel Lozano, Mayor 1 Chair Ricardo Pacheco, Mayor Pro Tern I Vice Chair Marlon Garcia, Monica Garcia, Susan Rubio Councilmembers 1 Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council Member 1 Member Marlen Garcia, Council Member 1 Member Monica Garcia, Council Member / Member Rubio, Mayor Pro Tern 1 Vice Char Pacheco, Mayor 1 Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, Community Development Manager Castagnola, Finance Director Quijano, Human Resources Manager Lara. PUBLIC COMMUNICATIONS NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GC §54956.8 Properties: 8437 - 004 -059 Henry H. and Kao Chang 4212 Maine 8437 -004 -060 J &J Warehouse Co. l Newman Tek Capital 14417 Ramona 8437 -004 -061 14433 Baldwin Park LLC 14433 Ramona 8437 -004 -062 14433 Baldwin Park LLC 14433 Ramona 8437 - 004063 J &J Warehouse Co. l Newman Tek Capital NIA 8437 -004 -064 J &J Warehouse Co. l Newman Tek Capital 14467 Ramona 8437 - 004 -065 J &J Warehouse Co. 1 Newman Tek Capital 14519 Ramona 8437 - 004 -066 J &J Warehouse Co. l Newman Tek Capital 14483 Ramona 8437 - 004 -067 J &J Warehouse Co. l Newman Tek Capital 14455 Ramona 8437 - 004 -068 Bank of America 14401 Ramona 8437 -004 -069 J &J Warehouse Co. l Newman Tek Capital 4124 Maine 8437 - 004 -070 Roxbury Properties 4124 Maine 8437- 004 -959 Baldwin Park Co. Water District 14521 Ramona Negotiators: Vijay Singhal and Joseph W. Pannone Negotiating Parties: Above -named property owners Under Negotiation: Terms and conditions RECONVENE IN OPEN SESSION Reconvened in open session with all members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:15 p.m. Approved as presented by the Council 1 Commission at their meetings held November 17, 2010. Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK FINANCE AUTHORITY November 17, 2010 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BAUMM P* A* Ro K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al p6blico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante e/ perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o iijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the October 20, 2010 meeting (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of November 2010. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES FINANCING AUTHORITY AGENDA NOV 17 -- WEDNESDAY F#R 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor]Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council Members /Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: None, Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia, 1. MINUTES Authority approved the minutes of the August 18, 2010 meeting (regular). 2. CITY OF BALDWIN PARK FINANCE AUTHORITY Authority received and filed. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:55 p.m. Approved as presented by the Authority at their meeting held November 17, 20% Laura M. Nieto, CMC Deputy City Clerk AGENDA BALDWI N PARK HOUSING AUTHORITY November 17, 2010 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BAUMM PwA * IL* X Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTELA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Susan Rubio, Vice -Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the October 20, 2010 meeting (regular.) ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of November 2010. Laura M. Nieto, CMC Deputy City Clerk HOUSING AUTHORITY AGENDA MINUTES NOV 17 CITY OF BALDWIN PARK �A WEDNESDAY, OCTOBER HOUSING AUTHORITY n�� X2010 7:00 p.m, COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro TemNice Chair Marlen Garcia, Monica Garcia, Susan Rubio Council MemberslMembers Maria Contreras, City Treasurer Alejandra Avila, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano, Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Monica Garcia. 1. MINUTES Authority approved the minutes of the regular meeting of August 18, 2010. 2. BALDWIN PARK HOUSING AUTHORITY Authority received and filed. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:55 p.m. Approved as presented by the Authority at their meeting held November 17, 2010. Laura M, Nieto, CMC Deputy City Clerk