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HomeMy WebLinkAbout2010 12 01NOTICE 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, DECEMBER 1, 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. k I r% r%-rN I rr% B I V L- I & 1 r- C� C% I A "LL BE Dir"' Mi %J 1 nr-rw. U0 I 114r-00 VVI D r- 0%�#Uoocu Dated: November 24, 2010 AFFIDAVIT OF POSTING "/ q Manuel Lozano Mayor 1, 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 24, 2010. Laura M. Nieto, CMC Deputy City Clerk CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION C�1.i mil_ A December 20111 :00 CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE RAO nIAIIAI PA�?►�c r® 01 ?06 (626) 960 -4011 Manuel Lozano - Mayor /Chair Ricardo Pacheco - Mayor Pro Tem/Vice 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 — 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers/Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern/Vice Chair Ricardo Pacheco and Mayor/Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar A T.H.I.C., IS THE -,r,',mv',L=- ,c.E-,r ASIDE TO ADDRESS T"LhE 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 - 1­4 aSMUCI by persons, or 2`1 Direct staff to investigate and/or schedule matters for consideration at a future meetinyg. [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 acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algu'na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n 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 - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION CERTIFICATION i, Laura M. Nieto, Deputy City Clerk of the City of Saidwin 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. November 24, 2010. V 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, 2 n 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(a)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 ll) t I- December 1, 2010 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 1. n&% r% tvzv/ ZT60 -40 e i K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Marlen Garcia - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. if you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccidn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durance 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. �A�!inv r ,,ati,i p fi Ala. .etd_�.£ w�� r��`.7 axp.; rsf,b€ �.Jt .r� rplt,sYa� a�. m; t..� + �} .. a k"�,�i1ti F. pgen to (-I? e :.-r; �!' €,n ., _s��.. �` ��.f .-., ff'a 410'r, �Lne > 911 fi a, ''�'v CITY COUNCIL REGULAR MEETING — 7:00 PM INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano A. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF A MAYOR PRO TEMPORE Staff recommends City Council complete the reorganization of the City Council, and follow the pro�.eduI G as suggested for ti ie selection I of IV"ayor Proll e i Ipor e as 1 VIIVVVS. 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS o Check presentation to the Baldwin Park Police Department Family Impact Unit by Wal- Mart 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 SERV ICES 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 andlor 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 action 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 ylo fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR City Council Agenda — December 1, 2010 Page 2 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. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates, as outlined in the staff report. 3. MINUTES Staff recommends City Council approve the minutes of the November 17, 2010 meetings (special.) 4. CLAIM REJECTIONS Staff recommends City Council reject the claims of Gerardo Perez and Gustavo Arevalo and direct staff to send the appropriate notice of rejection to the claimants. 5. MONTHLY FINANCIAL REPORT — OCTOBER 2010 Staff recommends City Council receive and file. 6. CITY TREASURER'S REPORT — OCTOBER 2010 Staff recommends City Council receive and file. 7. ADOPTION OF RESOLUTION NO. 2010 -049 APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 2009 -012 Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -049 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 2009 - 012." 8. COMMUNITY SHRED EVENT Staff recommends City Council receive and file. 9. ACQUISITION OF A PORTION OF VERIZON PROPERTY (Continued from November 17, 2010) 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. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. City Council Agenda — December 1, 2010 Page 3 10. PROPOSED MODIFICATIONS TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) SECTION 153.316 AND ADDITIONS OF SECTIONS 153.317 AND 153.317.5 OF THE BALDWIN PARK MUNICIPAL CODE, MOST COMMONLY REFERRED TO AS ORDINANCE 1290; LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB -AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -169 Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and introduce for first reading Ordinance No. 1337 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.316 OF AND ADDING SECTIONS 153.317 AND 153.317.5 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE REDEVELOPMENT OVERLAY." 11. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING FOR POTENTIAL REVITALIZATION OF PARK PLAZA AT RAMONA BOULEVARD AND MAINE AVENUE Staff vcin recommends City lCrvU ncn il dJJIVVC the Umo t_ndum Ur un -lerSia ing with IVI U I a a NewMark Merrill, superior Grocers and J & J Warehouse Co. / Newman Tek Capital, and J & E Capital for the potential revitalization of the Park Plaza shopping center, located at Ramona Boulevard and Maine Avenue, and authorize the Chief Executive Officer to execute the Memorandum of Understanding. 12. AN ORDINANCE OF THE CITY OF BALDWIN PARK RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS AND RESOLUTION NO. 2010 -053 RESCINDING RESOLUTION NO. 2002 -018 RELATING TO THE SAME SUBJECT MATTER Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2010 -053 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESCINDING RESOLUTION NO. 2002 -018 RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS" and waive further reading, read by title only and introduce for first reading Ordinance No. 1347 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 39 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RULES DECORUM AT COUNCIL MEETINGS." 13. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION (Continued from November 17, 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 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" City Council Agenda — December 1, 2010 -..- CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Council Member Monica Garcia: Council Member Monica Garcia will provide a SGVCOG update specifically on the High Speed Rail Authority and Joint Arrow Highway Master Plan. 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 24th day of November, 2010. JWL •) 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 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 II) City Council Agenda — December 1, 2010 Page 5 LLLLM CITY OF BALDWIN PARK TO: Honorable Mayor and Members of the City Council FROM: Laura M. Nieto, CIVIC, Deputy City Clerk DATE: December 1. 2010w' SUBJECT: REORGANIZATION OF THE CITY COUNCIL — SELECTION OF MAYOR PRO TEMPORE • The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore. BACKGROUND /DISCUSSION In accordance with Ordinance No. 1249, it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. RECOMMENDATION Staff recommends City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. BALDWIN P�A,R,K TO: FROM: DATE: SUBJECT: 4020014 CITY OF BALDWIN PARK Honorable Mayor and Members of the City Council Lorena Quijano, Finance Director December 1, 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. 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 192912 - 192970 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 211576 — 211841 for the period of October 31, 2010 through November 13, 2010 inclusive, have been presented and hereby ratified, in the amount of $406,776.27 General Warrants, including check numbers 183070 to 183211 inclusive, in the total amount of $1,185,165.00 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. 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H ,-a Ln N M H \ dl Ln to \ H M M M r F a w Q H z H w -� a EH � owu a �D m o O w 04 w H aaa Hm 0p U WrZ-I 0 xF °a aaa x www Oz 14X w z z z w�>+ www Xa 0X wa jiH Q Q Q W U 000 0� U U U N N N N N 0 0 0 O I O 000 0 0 000 O O 000 O o o T o 0 0 1 W 1 O 1 N N N N O 1T O coo O r-4 H N IT N H O r-I. 0 H H H H o v+ H ,--i min Ln V) m o0 o 1 O o �o kDIT I cT cM d' O H O In i I H H I 000 \ O 1-0 dl d' dl W H OD (n H i H I coo \M \Ln 000 I- i O HO H 14 r O Lo o 0) r1 r- C, 0 M o �o H O io r- In Ln r- co 0 M O q+ yr m H 0 yr H 0 H H H N N M M W co H H H H 0 0 0 O O O In 0 0 Ln co O O O � � a a a H F H OF H H m 0 0 M M U) m m m x x x x U U U U W W W W x x x x U U U U Cl Q x. Q W w u w W �D �D m m Cl) m co w m H H 0 H w k O \ Q a w Q F o H 0 H w H O O F F 0 H FROM: Vijay Singhal, Chief Executive Officer DATE: December 1, 2010 SUBJECT: Proposed Recognitions by the Mayor and City Council. PURPOS9=, 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 requests for plaques and certificates were received: Requested By List of Honorees Time/Date/Place of Presentation bate Needed Police Department Boot Camp Graduates 1 1:00am/November 20t Council Chambers Certificates 11-20-10 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MUM 1- Manuel Lozano, Mayor / Chair Ricardo Pacheco, Mayor Pro Tern / Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers / 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 / Member Monica Garcia, Council Member / Member Rubio, Mayor Pro Tern / Vice Chair Pacheco, Mayor / Chair Lozano. Absent: Council Member / Member Marlen Garcia. 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. / 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(x)) Case Name: Patricia Tapia v. City of Baldwin Park Case No.: KC 054819 The Council / Commission reconvened in open session at 7:00 p.m., leaving the closed session in recess until the conclusion of the regular meeting REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:00 p.m. Approved as presented by the Council / Commission at their meetings held December 1, 2010. Laura M. Nieto, CMC Deputy City Clerk TO: FROM: DATE: CITY OF BALDWIN PARK _. ITEM NO - ------ 44 AGENDA STAFF REPORT Claim Rejection This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. BACKGROUND DISCUSSION In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. • • Staff recommends City Council reject the claims of Gerardo Perez and Gustavo Arevalo and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claims filed by: • Gerardo Perez — DOI 08/24/10 • Gustavo Arevalo — DOI 10/25/10 CITY OF BALDWIN PARK fiALDWIN CLAIM FOR DAMAGES V � A • 1, - K TO PERSON OR PROPERTY INSTRI. ' TIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 i�&V 17 2010 CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT Clark's Official Filing Stamp To: City of Baldwin Park Ilt's Date of Birth (if a minor) 4. Clain, - m 7-,,� 1 Ict 1. Name of Claimant 0 5. Claim nt,��ccupx I cis& QS s M 2, Horne Address of C lalgant C11 UV> M rDuiNlrl lum 6. Horne Telephone Nu ibqr 'A- 3, Business Address of Claimant 7. Business Telephone Number I 8. Name andyddress to which you desire nQJ sorcorriTunicationst be sent regarding this claim: (2,1 CW cluz-1 Davi 2-11, Cos T1 , ?- 9. When did DAMAGE or INJURY occur? Date: Qi1-)12. V Time: Cl -9 '30 Ot V, 10. Names of any City employees involved il INJURYor DAMAGE: Na Deparl�ment If claim is for Equifable Indemnity, give date claimant hx� served with complaint: 11. Where did DAMAGE or INJUR� occur? NA mo 12. Describe in detail how the DAMAGE or INJURY occurred. 13. yA re police or paramedics called? Yes No ❑ 14. if physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes 1af1 No r-1 name, address and phone number: If yes, what is the Report No? — — & iNftnalmoli * I 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? Warm no 4 1 16. Total amount of claim to date: powi'll vin Basis for Computation: Ocki ra� i I TIN" Limited Civil Case: ❑ Yes No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages:$ It QW, CW Basis for Computation,-&k Aftwag -41 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information'. I- Name Kl t Address Phone (P-W- 7-q-t Na Address "VI i Phone&2(.0 --27� fa 17j2f/ Signature of C1 aKor person filing on claimant's behalf; relationship to claimant and date: hereby celftly UrOe( Halt otpeU,uty underlhe laws ofthe state ofCalifania that the foregoing is true and correct to the best ofrnyknowledge. J a;z X 7'-% 9,q Sig R.�Iptinshwip t, mant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) r I CPI I ATTACHMENT #1 12, The driver of the subject bus, Jesus Sandoval, recklessly made a left turn off of Merced Avenue and collided into Claimant while Claimant was walking within the crosswalk. [Gov. Code, § 815,2; Veh. Code, §§ 17001, 17002.1 Based on information and belief, Jesus Sandoval was within the course and scope of his employment at the time of the incident. 14. The medical providers that Claimant has seen for treatment and evaluation are as follows: a. Jacob Tauber, M.D., 9033 Wilshire Blvd., Suite 401, Beverly Hills, California 90211. (310) 273-1003. b. Kaiser Permanente, C. Southern California Sports Rehab, 1321 N. Garvey, West Covina, California 91790. (626) 337-6335. 14. (Sic) Based on information and belief, the City of Baldwin Park is responsible because Jesus F. Sandoval while within the course and scope of his employment for City of Baldwin Park when he recklessly drove his bus and collided with Claimant causing Claimant to suffer severe injuries. 15. The injuries sustained by Claimant are as follows- Left tibia Plateau Fracture, Head Injury, Upper/Mid Back Pain, Neck Pain, Right Side Body Soreness, Tingling and Numbness Toe. Based on the fact that Claimant is still treating, Plaintiff reserves the right to supplement and/or amend this response. F2 q4 CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES i; -" _X - P, - K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY- 2, FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS, 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PAPK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) To: City of Baldwin Park 2, Home Address of illsf— W, I lJuslne5s; Address NOV ­44251n 'v �u'ltptfi{kC Clark's Official Filing Stamp Claimant's Date of Birth (if a 03- 0 /- -f /37 Claimant's Occupation 5�".4"4- elephone Number T -1y Y ff s Telephone Number pi a -71 8, Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DAMAGE or INJURY occur? 10, Names of any City employees involved in INJURY or DAMAGE: Date: /0 � Time: V-qa4m Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: did DAMAGE or INJURY occur? in detail how the DAMAGE or INJURY 1$, Were police or paramedics called? Yes [Z No 0 14. If physician was visited due to injury, include date of first visit and If yes, was a report filed? yes W No EI name, address and phone number: If yes, what is the Report No? 14, Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) 15. List damages incurred to date? /Vt/ &r- -� Zt.-"eA LVIA""j- Y"'I 16, Total amount of claim to date:$ q-2-1- 06 — Basis for Computation: Limited Civil Case: CR Yes R No (State the amount of your claim if the total amount is $10,000 Or less, if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17, Total amount of prospective damages: $ -Z/�-7 Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Zyj� .Address Phone Name -3'0k­, Address Phone6j:��- _ 19. signature of Claimant or person filing on claimant's behalf-, relationship to claimant and date: i hereby 0ortify {or declare} Under pen perjury under the laws of the state of CafifbmO that the foregoing is true and correct to the best of my knowledge. Signature RelAtionthin to Claimant Printed Name Date Note: Presentation of a faIS0 Claim is a felony (Penal Code Section 72) CC Fo,m i (RaY VUE5) I)CO 0— rdu­ A FOrT­Itt (u, Form CC � 11— 7.06r1kr. RECEIVED NOV - 4 Kltiv— CITY Of aAWW#N PARK C" WEEM'S DEP*MMENT was askcJ bl 042A-,,,— 4 Dc�r+MCJ; wc,41j 4WO op�,'OAS, or.. 4b. "sz— Joy. w,, 4- 14 4L vc ,,,1 6*- SlEl* v4o^j 4L,<- "s 44k4L- T, -!c-, age 44 1vo4 / -4o bU,/ Plyjd,/- SI-KI-40-1 -A,- a Date of Release Time of Release LOG Number Truck Number Driver Number I.C. Number 10/27/10 INVOICE P 4:33 PM ORIGINAL 048393 RELEASE INVOICE � Y_NOV - 4 2010 01 WY OF aALOWIN PARK 108205 ROYAL COACHES AUTO BODY &ITF9W'SCIEPARTMENT 14827 RAMONA BLVD Baldwin Park CA 91706 Released To Name AREVALO G Address City State Zip Tel (H /W) DL or Other 1.D. (626) 960-1824 YR: I MAKE: 17M60EL COLOR TAG (LICENSEI NO.: DATE TOWEDYSTORED: TWE'TOWED: 03 JLRXS 1 B9300 N 1 =Cash 4ZPL952 ICA 1 2509 10/25/10 I 8:4$ AM TOW AUTHORITY, 405 3 =Charge A/R TOWED FROM! EMPLOYEE NVMHEA. - Hourly OLIVE X 13P 119 VEHICLE IS STORED AT; Note/Action Date: 10/25/10 Stand-by EMPLOYEE INITIALS Payout Comment: Special Misc INV I E 0: Tolls 108 49251 Days in Storage 3 CHARGE INFORMATION How Paid: 1 O=unknown *Taxable*: N 1 =Cash 2 =Credit Card TOWing Charge (s) 277.00 3 =Charge A/R - Mileage 4=Check Check - Hourly Dollies Note/Action: OR TC Labor Note/Action Date: 10/25/10 Stand-by Payout Comment: Special Misc Tolls Storage First Day 50.00 Days in Storage 3 Storage Daily Rate 50.00 Storage 150.00 After Hours Release Title Search Lien Sale Tax @ % -�7 TOTAL 427.00 Amount Tendered 427,00 (SIGNATURE of Person Redeeming This Change Vehicle) "Disclaimer" By accepting this unit, you acknowledge that you @to legally authorized and entitled to the possession of this vehicle and that the vehicle has NO DAMAGES, including but not limited to, Body Damage or Mechanical Damage unless reported to our driver at the time of delivery and noted on this document Failure to so report constitutes a WAIVED of any subsequent claim for same against: ROYAL COACHES AUTO BODY & TOW 208 N. ASPAN 14827 RAMQNA BLVD AzUSA, CA 91702 BALDWlN PARK. 4 9170$ , . „ • i626) 3340438 X626 }.860 i AUTO.CODY,& TOWING DA BTAti ENCi YR MAKE MODEL COLOR LIC #. . ,r. . EHIP9 VY NAME ' p PHONE # FROM m VEHICLE IS ACCEPTED IN SATISFACTORY CONDITION. i SIGN, r -{ I.OG# CHARGE CHECK CURD j TRK# .,` a F ■r - LLLLLL/_;- CITY OF BALDWIN PARK TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Office Lorena Quijano, Director of Finance r DATE: December 1, 2010 • .._ r l PURPOSE The purpose of this report is to provide City Council with a monthly financial report for the period ended October 2010. s �:(rT:Z�hJ i• l �7 The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from September thru May. DISCUSSION The Monthly Financial Reports provide the City Council and staff with a monthly budgetary status. These reports are especially important in a time when the economic crisis continues to cause significant impacts on all aspects of the local economy with lower revenues and an increased need for services. The current report provides an update for those revenues received on a cash basis (i.e., revenues that are recorded as they are received). Some of the trends for major revenues, such as sales and property tax, will not be available until mid -year since that is the time when those revenues are received. As of October 2010, the City's cash basis revenues are at 18% of the budget while expenditures are at 31%. Since the expected decrease in revenues has grown to about $450,000, due to a decline in police revenues, staff is evaluating what actions need to be taken in order to avoid impacts on city services. The City Council will be provided with updates in the monthly reports and a comprehensive review will be provided during the 2010 -2011 midyear budget process. The following is a more detailed discussion on revenues and expenditures: Revenues No significant trends are available for major revenues, which account for more than 80% of total General Fund revenues. This is because: ■ Monthly Financial Report: October 2010 Page 2 (1) Most major revenues such as Vehicle License Fees (VLF) in Lieu of Taxes and Utility Franchise Fees are received later in the year. For example, the City receives two payments for (VLF) in Lieu of Taxes, one in January and the second in May. (2) Sales Tax, which is based on quarters, starts coming in at the end of September. (3) Transient Occupancy Tax and Utility Users Tax are received after the end of the quarter. (4) For several other revenues, receipts in the first two months of the year are generally accrued in the prior year. As a result, trends for very few revenue sources are available at this time. The table below reflects tree majority of those revenues that are recorded as they are received, better known as the "cash basis." In addition, we have added some of the revenues mentioned above which we just started receiving in late September and October. General Fund Revenues 2010/2011 Category Adopted Annual Budget YTD Revenue % of Adopted Budget Collected Building Plan Check Fees 400,000 82,834 21% Business License Tax 580,000 195,036 34% Code Enforcement Cites 75,000 9,219 12% Construction Permits 575,000 153,305 27 %Q Design Review Fees 21,000 3,850 18% Engineering Fees 55,000 4,394 8% Facility Rental 160,000 63,839 40% Franchise Fees - Police 600,000 92,982 15 % Parking Citations 400,000 88,601 22% Permit Issuance Fees 85,000 25,176 30 % Recreation Fees 66,000 33,045 50% Sales Tax 4,610,000 544,300 12% Subdivision Fees 20,000 9,690 48% Transient Occupancy Tax 225,000 23,541 10% Utility Users Tax 2,550,000 482,602 19% Vehicle Code Fines 975,000 270,399 28% Vehicle Release Fees 250,000 58,017 23% Zoning Fees 40,000 15,230 38% Total 11,687,000 2,156,060 18 % Monthly Financial Report: October 2010 Page 3 At this time, it is still too early to project how all revenues will be received during the rest of the year. However, we will be monitoring both the vehicle release fees and police franchise fees since these will be affected by the decrease in the number of check points that are conducted during the year; at this point it is anticipated that a revenue reduction of about $450,000 will occur. Construction permits are also lower than expected and will be monitored closely as these revenues fluctuate during the year depending on construction activity during the year. Furthermore, even for cash basis revenues, the collection or receipts are not uniform from month to month because of timing issues and variances in one period may not necessarily carry over from one period to another. Excenditures Based on available trends, General Fund expenditures are within budget and are at 3 i �o as noted below: General Fund Expenditures by Cateaory 2010/2011 Category Adopted Annual Budget YTD Expenditures % of Adopted Budget Used Personnel 17,804,900 5,737,878 32% Maintenance 2,850,850 907,875 32 % Contractual 2,383,500 519,696 22% Capital 65,000 5,653 9 % Total 23,104,250 7,171,102 31% General Fund Expenditures by Department 2010/2011 Category Adopted Annual Budget YTD Expenditures % of Adopted Budget Used Administration 709,700 151,588 21% Human Resources 245,550 76,514 31% Community Development 984,350 318,499 32% Police 16,187,500 5,015,198 31% Finance 1,507,750 468,507 31% Public Works 236,050 95,231 40% Recreation 3,233,350 1,045,565 32% Total 23,104,250 7,171,102 31% As of October 31, 2010, 33% of the year has elapsed and the Year -to -Date expenditures should be at or below 33 %; however, expenditures are paid in arrears and Monthly Financial Report: October 2010 Page 4 as a result several categories and departments will have expenditures lower than 33% of the budget. Other departments might be at higher levels because projects were scheduled to be completed at the beginning of the year. While the above discussion focuses on the General Fund, the trends are similar in other funds also. Summary The national, state and local economies have not recuperated. With job losses, lower consumer spending, foreclosures and home values still unstable, it is anticipated that due to the economy our revenues will either decrease or remain stable as compared to the previous fiscal year. On the other hand, the City is already aware of the $450,000 potential decrease in police revenues; any further impacts on revenues will be known when we receive major revenues such as sales tax and property tax in December and January. If there are additional decreases in revenues and the City cannot offset them with decreased expenditures, the City might have to deplete some of the General Fund reserves in order to cover the current year deficit. Staff will continue to monitor the trends and will recommend budget changes as deemed necessary. In the meantime, we are watching our budget very closely. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended October 31, 2010. INVESTMENT DESCRIPTION State of California Local Agency Investment Fund City Community Develop. Comm Housing Authority Fiscal Agent Funds - City Fiscal Agent Funds - CDC CITY OF BALDWIN PARK TREASURER'S REPORT October 31, 2010 INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 0.48% Varies Varies 0.48% Varies Varies 0.48% Varies Varies Varies Varies Varies Varies Varies Varies 17,715,795.09 17,715,795.09 17,715,795.09 17,715,795.09 10,286, 017.37 10, 286, 017.37 10, 286, 017.37 10 , 286, 017.37 1,760,104.20 1,760,104.20 1,760,104.20 1,760,104.20 29,761,916.66 29,761,916.66 29,761,916.66 29,761,916.66 4,114,199.15 4,114,199.15 4,114,199.15 4,114,199.15 2,073,533.38 2,073,533.38 2,073,533.38 2,073,533.38 $ 35,949,649.19 $ 35,949,649.19 6,187,732.53 $ 35,949,649.19 Total investments $ 35,949,649.19 Cash City Checking 1,234,856.31 City Miscellaneous Cash 55,653.54 Comm. Develop. Comm. 177,326.80 Housing Authority 339,993.84 Financing Authority 0.00 Total Cash 1,807,830.49 Total Cash and Investments $ 37,757,479.68 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of October 2010 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Apppved by: e ) Loreffi Quijano Finance Director Alum SUBJECT: ADOPTION OF RESOLUTdO"1' NO. 20'10 -049 APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA \OCLII(`1 C L'l111C CCI ATIAI�` Tel OA ®1lIAI/`. R�Qf+tAIDIhIG Y E IIV ITV 0. DE RLE I-A IIYV 1 O PARKING; RGJt+IN RESOLUTION NO. 2009 -012 PURPOSE This report requests the City Council consider adopting Resolution 2010 -049 to increase penalties for parking violations. BACKGROUND AND DISCUSSION Baldwin Park Municipal Code § 10.99 (F) authorizes the City Council to set penalties for parking violations. The California State Legislature enacted Bill 857, which added Section 76000.3 to the California Government code. Section 76000.3 levies an additional $3.00 penalty per parking citation issued by the City, which will be remitted to the County Treasurer for the Trial Court Trust Fund. This will address funding shortages of the trial court system. The increase takes effect 60 days after the passage of Budget Act 2010, and the effective date will be December 7, 2010. These provisions will sunset on July 1, 2013. The adoption of Resolution 2009 -012 will increase the penalties for all parking violations within Baldwin Park by $3.00. That will assist with deterring violations to promote public safety to both vehicular and pedestrian traffic in the City and off -set the State imposed levy. The city attorney has reviewed this document as to form and content. FISCAL IMPACT The impact of the proposed increase to parking penalties is intended to be cost neutral to the city, as this increase will offset the increase. If the offset is not implemented there will be a negative impact to the general fund. RECOMMENDATION Waive further reading, read by title only and adopt Resolution No. '160 Oqq entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 2009 - 012." ATTACHMENTS o Resolution 2010 -049 Page 2 of 2 RESOLUTION NO. 2010-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MODIFYING AND SETTING OF THE PENALTIES FOR A VIOLATION OF THE BALDWIN PARK MUNICIPAL CODE AND CALIFORNIA VEHICLE CODE RELATING TO PARKING; RESCINDING RESOLUTION NO. 2009-012. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Subsection 10.99 (F) of the Baldwin Park Municipal Code authorizes the City Council to establish, by resolution, penalties for parking violations- 7 and WHEREAS, the City Council desires to modify and set the penalties for a violation of the Baldwin Park Municipal Code relating to parking. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Resolution No. 2009-012 is hereby rescinded. Section 2. Fines and penalties for parking violations shall be as listed on Exhibit A, attached hereto and incorporated herein by this reference. Section 3. The penalties established by this resolution shall become effective immediately for any citations issued after the date of the adoption of this resolution. 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, APPROVED AND ADOPTED this 15th day of December, 2010. liffiAl"Al IV, Tip, JAV Resolution No. 2010-049 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, 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 thereof held on the 15th day of December, 2010 by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO DEPUTY CITY CLERK Resolution No. 2010 -049 Page 3 EXHIBIT "A" Schedule of Penalties Approved Legal Code (unless otherwise Keyed noted all Code Violation Description Amount references are to the BPMC) 72.02(A) 7202A STOP /STAND/PARK IN PARKWAY $63.00 PROHIBITED 72.04(A) '7204A W /IN DIV. ISLAND SIDE UNLESS $63.00 AUTH /MARKED 72.04(B) 7204B STREET SWEEPING $63.00 72.u4(G} 72u4C POSTED NO PKG W /RED CURB W /IN 20' $63.00 CURB 72.04(1)) 7204D PARKING WITHIN 20FT OF INTERSECTION $63.00 72.04(E) '7204E NO PKG -WHERE SIGNS POSTED /TRAFFIC $63.00: HAZARD 72.04(F) 7204F NO PARKING POSTED $63.00 72.04(G) 7204G PKG WAN 20FT OF TRFFC SGNL /STOP SIGN $63.00 72.05 (A) 7205A PKG IN EXCESS OF 72 HRS STREET OR $63.00 ALLEY 72.06(A) 7206A PARKED FOR SALE ON PUBLIC STREET $63.00 72.07(A) 7207A REPAIR VEH. ON STREET / NON- $63.00 EMERGENCY 72.09(A) 7209A PKG VEH ON NARROW RDWY <2071 SIDE $63.00 72.10[A] 7210A PARKING ON GRADES $63.00 72.11[A] 721 IA PKG ADJ. TO SCHOOLS WHEN POSTED $63.00 72.12(B) 7212B PARKED IN VIOLATION OF TEMP SIGN $63.00 72.12[A] 7212A PARKING TEMPORARY EMERGENCY SIGNS $63.00 72.13(A)(2), '7213A TWENTY MINUTE PARKING $63.00 72.13(B) 7213E ONE HOUR PARKING $63.00 72.13(C) 7213C TWO HOUR PARKING $63.00 72.14(B) 7214B PARKED WRONG WAY $63.00 72.14[A] 7214A PARKED OVER 18" FROM CURB $63.00 72.15(A)1 7215A1 DIGNL PKG /ANGLE INDCATD SGNS /PVMNT $63.00 MRKG 72.15(A)2 7215A2 DIG NL PKG/ W /FRNT RT WHL WAN 6" OF $63.00 72.16 7216 PARKING IN MARKED SPACES $63.00 72.16(B) 7216B PARKING $63.00 72.17(A) 7217A NO STOPPING ZONES $63.00 72.17(B) 7217B POSTED NO STOPPING $63.00 72.18(B) 7218B' PERMIT NOT DISPLAYED /CITY SIGNS' $63.00 72.18[A] 7218A PARKING ON CITY PROPERTY $63.00 Resolution No. 2010 -049 Page 4 72.19[A]; 7219A NON HANDICAP PARKED AT BLUE CURB $63.00` 72.20(A) 7220A VEH FOR SALE ON PUBLIC/PRIVATE $63.00 LOT 72.21(A) 7221A 2 HRS EXCDD ON TRCK RTE -6000 LBS /3 $260.00 TONS 72.21(13)(1) 7221B1 ANY TRAILER /DOLLY /EQUIP ON ST $63.00 UNATTACHED 72.35[C] 7235C LOADING ZONES' $63.00 72.36(A)[1] 7236A1 RED CURB $63.00 72.36(A)[2] 7236A2 YELLOW CURB $63.00 72.36(A)[3] 7236A3 PARKED WHITE CURB $63,00 72.37 EFFECT PERMISSION TO LOAD/UNLOAD $63.00 72.38(A) 7238A LOADG /UNLDG PASSGRS /MATRLS $63.00 (YELLOW ZONE) 72.38(B) 7238B STANDING IN PASSENGER LOADING ZONE $63.00 72.38(0) 7238C PARKING IN ALLEY UNOCCUPIED $63.00 72.50 7250 PARKING PRIVATE PROPERTY (FIRE $63.00'. ACCESS & SIGN POSTED) 72.50(A) 7250A PRIVATE PROPERTY /SIGN POSTED $63.00 123.22 12322 STANDING (TAXI) $63.00 153.033 153033 DISMANTLING OR STORAGE OF VEH. $63.00 153.033A 153033A INOPERABLE VEHICLE $63.00 153.033B 153033B PKG OF VEH. OR STORAGE OF VEH. $63.00 153.034 153034 STORAGE OF BOATS OR TRAILERS $63.00 153.035A 153035A COMMERCIAL PKG VEH >6000 LBS IN RES $63.00 ZONE 153.110 ] 53110 COMMERICAL VEH. PKG PROHIBITED IN $63.00 LOT 153.336[C] 153336C STORAGE OF VEH. PROH. $63.00 153.357[A] '153357A PARKING - UNIMPROVED LOT $63.00 153.338(A) 153338A PARKED ON EMPTY LOT $63.00 CVC 225001 FIRE LANE $68.00 22500.1 CVC 22500A NO PARKING WITHIN INTERSECTION $43.00 22500A CVC 22500b 22500B PKG IN /ON CROSSWALK $43.00 CVC 22500C 22500C NO PARKING SIGNS $43.00 CVC 22500D PKG W /IN 15' OF FIRE STATION DRIVEWAY $43.00 22500(d) CVC 22500E BLOCKED DRIVEWAY $43.00 22500(e) CVC 2250OF PKG ON SIDEWALK $43.00 22500(1) CVC PKG CONSTRUCTION AREA - OBSTRUCT 225000 TRAFFIC $43.00 225000 Resolution No. 2010 -049 Page 5 CVC 22500H DOUBLE PARKING, SCHOOL BUS EXEMPT $43.00 22500(h) CVC 225001 225001 PKG IN BUS ZONE $268.00 CVC 22500) '22500J PARKED IN AN TUBE OR TUNNEL $43.00 CVC 22500K PKG ON BRIDGE $43.00 22500K CVC 22500E 222500E FRONT /UPON LOWERED WHEELCHR CURB $268.00 ACCESS CVC 22502A PKG /STOPPED OVER 18" FROM CURB $53.00 22502A CVC 22502C 225020 PARKED OVER 18" OF CURB $53.00 CVC 22502E 2-2502 CtJRti Yi�G - AYVGLh IJiV ICIJAIJVWAY $38.00 CVC 22504A UNICORPORATED AREA PARKING $53.00 22504(a) CVC 22505A1 PKG ON STATE HWY WHEN POSTED $53.00 22505(a)(1) CVC 22505B PARKED IN VIOLATION OF SIGN/MARK $53.00 22505(b) CVC 225078A HANDICAP PARKING $343.00 22507.8(a) CVC' 225078B BLOCKING HANDICAP ACCESS $343.00 225078(b) CVC 22514 22514 FIRE HYDRANT - PKD WITHIN 15' $43.00 CVC 22515A UNATTENDED VEHICLE - MOTOR RUNNING $43.00 22515(a) CVC 22516 22516 PKG - PERSON IN LOCKED VEHICLE $48.00 CVC 22521 22521 PKG WAN 7 1/21 FT OF RAILROAD TRACK $43.00 CVC 26710 26710 BROKEN WINDSHIELD $43.00 CVC 4000 (a)!(1) 4000A1 REGISTRATION REQUIRED $68.00 CVC 4457 4457 DAMAGED REGISTRATION TABS $43.00 CVC 5200 5200 NO FRONT PLATE $43.00 CVC 5201 5201 POSITION OF LICENSE PLATE $43.00 CVC 5202 5202 LICENSE PLATES DISPLAYED $43.00 CVC 5204(a) 5204A NO PLATE TABS $43.00 CVC 225078A2 ACCESS RAMP AREA $343.00 22507.8(a)(2) CVC22507.8(c)(2) 225078C2 PKG ON HANDICAP CROSSHATCH AREA $343.00 CVC 27155 27155 ' FUEL CAP REQUIRED' $43.00'' t� BALDWIN P A, R, K TO: FROM: DATE: SUBJECT: CITY OF BALDWIN PARK COUNCIL CITY STAFF REPORT D11 Ig ITEM NO . Honorable Mayor and Members of the City Council d Manuel Carrillo Jr., Director of Recreation & Community Servi December 1, 2010 Community Shred Event This purpose of this staff report is to inform the Mayor and City Council of the progress that ias been made with hosting (`nrr,m o i +y Chrad E��e a vv� u� i Mann vni a c� i�. On November 3, 2010 a request was made by Councilmember Marlen Garcia with Council consensus to look into the possibility of hosting a Community Shred Event in the City of Baldwin Park. The County of Los Angeles collaborates with a shredding company entitled, Shred -It, to set up events where residents from the surrounding area can bring in sensitive items that need to be shredded. The events are free of charge and provide a vital service to the community, especially in cases where large amounts of documents need to be shredded. DISCUSSION Staff contacted Los Angeles County to begin discussions about hosting an event in the City of Baldwin Park. The Sheriff's Department, Identify Theft Unit, is responsible for coordinating the event and has expressed interest in working with the City of Baldwin Park on a future community event. Due to the nature of the event, most community shred events are held in the months following tax season. The Department of Recreation and Community Services will continue to work with the County in setting a date for May 2011. As more details are confirmed, the Department will prepare literature to promote the event throughout the community and surrounding areas, which will include, but is not limited to: • Article in the Baldwin Park City Website Announcement Marquee at Morgan Park & Teen Center Press Release to all local newspapers FISCAL IMPACT The County absorbs all costs for the event, including promotional material. Any additional costs to the City will be minimal and be absorbed through the existing budget. RECOMMENDATION Staff recommends that City Council: 1. Receive and File P A, R Eau= TO: Honorable Mayor and Members of the City Council DEC ITEM No. STAFF R63�ORT�� FROM: Marc Castagnola, AlCP, Community Development Mana 7_- 0 giiiiiiiiiiiiii iiiiiiiil emm", I -TZ- MR U1 to] 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. 1-a-meow 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 December 2010 Council approval design schematics package February 2010 Award Construction Management April 2011 Award Construction Contract August 2011 Complete Construction December 2012 Purchase Agreement - Verizon Page 2 of 4 December 1, 2010 DISCUSSION 1. 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 undernround diesel tank and N61-dinq 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. L-. Marcel `554-00-1-807: This parcel is located immediately adjacent to the b F APN flo U I out This I L I i 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 Lidgard 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 December 1, 2010 Unencumbered land area Encumbered land area Total indication of value 3. Environmental Assessment 21,479 SF @ $28.00 560 SF ra) $14.00 = gas =@ nmam"1111111 Page 3 of 4 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 se -ries of soil borings for test sampling Based on the analysis, the pertinent findings from the Phase I ESA are as follows: • Build-inn permits indicate that one or more -sentir- -qx/-,,-ttmMS 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 soil 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-g' 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/l 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; I Total Petroleum Hydrocarbons Gasoline 2 Volatile Organic Compounds 3 California Human Health Screening Levels Purchase Agreement - Verizon Page 4 of 4 December 1, 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. 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. 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 AP?Vs 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: 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 I 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 available, be attached hereto as Exhibit "1.1B." 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 . iv , f✓1 Tep�s, a h�11 dnl. e +tt he sum v�f 47i n ,Innn i km �ttiv "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. Within fifteen (15) 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 fully executed copy of this Agreement to Escrow Holder. The deposit with Escrow Holder of (1) a fully 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 -2- shall become a part hereof, provided, however that if there is any conflict or 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 within thirty (30) days after the Opening of Escrow (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 23 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 or any breach of this Agreement. If neither party is in default hereunder, upon any termination of this Agreement, the provisions of Paragraph 2.12 below 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; Buyer. (iv) the Reservation of Easement Agreement; (v) the Parking Agreement; and (vi) any exceptions to title created by or made through -3- 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 re lanl µPYt taxes, if any, -1 v«Ptwr 7 m� i�or o eary n n oi l a v nlnI Lit 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 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. M 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 Buyer. 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 rri,liis such additional fiinric as are req��ireri 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 funds 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 funds, 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- 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 X51" + ori� F + of�µn a Tl, v's;: n nl� 11 i.,P the rl F Eee1 apple �a<,mg au�h I �ui a pax r: �. ����s pro a�� sure 1„ ��ose oI 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 Propert y. Within five (5) days before the Closing Dare (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. I Me 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 enure 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 Agreement and Reservation of Easements. At or prior to the Closing Date, Buyer and Seller shall have executed in recordable form the Reservation of 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. -7- 2.10.2 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. 2.10.3 Zoning Determination. At or prior to the Closing Date, Buyer shall have executed and delivered the "Zoning Determination" (as defined in Paragraph 18 below) to Seller. The form of the Zoning Determination shall be provided to Seller promptly after the execution of this Agreement for Seller's approval, which approval or disapproval shall be determined by Seller in its sole and absolute discretion. IN. 1 n A TJ r— ..te r. - l ki J• ,,.... d. A 1� 1 Closing G. 10 4 r erfurniance of vuii aLions. At or prior to tree �,i Date, Buyer shall have performed all of Buyer's obligations herein that are to be performed prior to the Closing. 2.10.5 Waiver. It is hereby understood that the conditions set forth in Paragraphs 2. 10.1 through 2.10.4 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 " L I A." Buyer hereby approves the configuration shown in the site plan attached hereto as Exhibit "1.1A." 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 Seller for the purpose of obtaining the Subdivision Approval and (ii) to the extent of its 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 "1.1A" hereto. In obtaining the Subdivision Approval, Seller shall obtain a revised site plan showing the new property lines to be -8- 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 " 1.1 A" and be attached hereto as Exhibit "LIB." 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 indemnify 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 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 further 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 Property. 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 future development, use or occupancy, except as provided in Paragraph 3 above, and more specifically that: (i) 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. (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, -10- 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 Go et iimeni. I he iciiii I zaruou5 1viaLt liGI iiiviiideS, YJliiiouL Hiiiita ion, any tmaierlai 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 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 Right 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. -11- 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 governmental 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 2.12 above 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 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, "Releasees "), 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) -12- (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 future, 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 future 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 import or effect as Section 1542 of the California Civil Code. Buyer's Initials 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 may 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 Releasees 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. - 13 - 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. FPntry. 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 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 $1,000,000/$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 -14- death resulting therefrom, and broad form property damage, 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 raking exceed's ten percent i v /oj of use gross land area of the i,and. it is hereby understood in at 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. 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 -15- 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 2.12 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 Seiler 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 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. -16- 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. 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, 81h Floor Los Angeles, CA 90067 Attention: Joan A. Wolff, Esq. Fax No. 310- 315 -8210 CB Richard Ellis, Inc. c/o Verizon Corporate Real Estate 15 Montebello Way (CA703CW) Los Gatos, CA 95030 Attention: Karalyn S. Lucci. -17- Fax No. 408 - 354 -9286 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 C,.�, NT,. 21 n JC ?J'l -73 97 I' ax iVV. JIV- G-/J7J 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 refusal 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 business day immediately following such weekend or holiday. The foregoing addresses may be changed by notice given in accordance with this Paragraph 15. 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 Seller 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 agreed upon form of Reservation of Easement Agreement is attached as Exhibit "17" hereto. 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 nec unants of and visitors to the Retained Parcel. Anv such narking not on the ✓ r-- - --� J N....�.��..�b . 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 a Perpetual Parking Agreement (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 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 agreed upon form of Parking Agreement is attached 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, Seller's 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 future 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 full 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 2.10.3 above. The provisions of this Paragraph 18 shall survive the Closing 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 -19- 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 party 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. 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 2.12 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 -20- 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; Binding 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 contemplating 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 further rights hereunder, 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. -21- 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 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 foreseeability 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 Matter ") 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 must 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. -22- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. SELLER: VERIZON CALIFORNIA INC., a California corporation 0 Title: CITY OF BALDWIN PARK, a Municipal corporation By:_ Title: By:_ Title: -23 - 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 funds and documents deposited in the escrow in accordance with these instructions. Dated: 20 Fidelity National Title RM -24- Linda Bane, Escrow Officer AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS LIST OF EXHIBITS Exhibit 1.1 A Site Plan 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 - 25 - AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "1.1 A" SITE PLAN DEPICTING LAND [to be attached] Exhibit 1.1 A - 1 ^^ ^ v - r Gh -- i w— �� ^ ` - i STORY t}, t al i � a 1 h �W" L t 2 STORY BUILDING VARIABLE HEIGHT ±40' HIGH ALONG "t RAMONA FRONTAGE 7 FIRST FLOOR FOOTPRINT ° AREA 22,390 SO FT p Nu !Z RETAINED AREA k h ca h_e ONE STORY BLUi, t 4,008 SF v � t } � t 5 � � 1 , , �z t i r x ^ PROPOSED EA ENT AREA LWi EI7�1 ' ...... .9T D", Oc CORE, + 1 i a c }v v ti I h r ^ ,SURPLUS 2ZO3 ° VNCLUDE PR EASE) :v /j l R, O�GQ- 1 AREAS Y OWNE RJMMY BASED ON LOT ILSE CNAUMM j' J "f / AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "1.1B" LEGAL DESCRIPTION OF THE LAND [to be added when available] Exhibit 1.1 B - 1 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 ar�y pri��cipal 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 funds /proceeds are disbursed by the new lender, and borrower agrees to pay same in accordance with lender's instructions. 2. You are 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 phrase "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 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 and /or funds 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. 12. 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 terms of the Purchase Agreement shall control. Exhibit 2.1 - 2 13. The parties hereto, by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatsoever for the supervision 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 funds 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 Sect2 V'n, nor (d) obtaining a non 1Vrergn aflldav it 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 funds 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 such services, accommodations or other benefits. Exhibit 2.1 - 3 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 funds 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, funds 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 2.1 - 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 0 Title: Current Address: VERIZON CALIFORNIA INC. c/o Verizon Corporate Real Estate 15505 Sand Canyon Avenue Irvine, CA 92618 Attention: Tony Wallace VSO Real Estate 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 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "23" GRANT DEED RECORDING REQUESTED BY AND TT �T T� T TT 1"� r'11�T) T \l"�j � A 4 A TT -/ A I. TTI .f A TT VV HP-iN KlCI vit1.��1J NuAli, 1 U AIN" Tv1Hll, TAX BILLS TO: 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 $ O computed on full value of property conveyed; or O 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, successor by merger with GTE California Incorporated, formerly known as General Telephone Company of California ( "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 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 Perpetual Parking Agreement, recorded concurrently herewith and executed by Grantor and Grantee. Dated: , 2010 VERIZON CALIFORNIA INC., a California corporation Title: Exhibit 2.3 - 2 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 PEN A T TV OF PERTT TRV ,tinder the la TV of the State of Cahforn�a that the foregoing paragraph is true and correct. (Seal) WITNESS my hand and official seal. Notary Public Exhibit 2.3 - 3 mawn MMME MW EXHIBIT "17" RESERVATION OF EASEMENT AGREEMENT [to be attached] Exhibit 17 - 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Verizon California Inc. 15505 Sand Canyon Avenue MC: VC33W541 Irvine, California 92618 -3114 Attention: Tony Wallace, Manager — VSO Real Estate (Space above this line for Recorder's Use) AGREEMENT AND RESERVATION OF ACCESS EASEMENT This Agreement and Reservation of Access Easement ( "Agreement "), dated , 2010 for reference purposes only, is entered into by and between the City of Baldwin Park, a municipal corporation (`Buyer ") and Verizon California Inc., a California corporation ( "Verizon "), with reference to the following facts: A. Verizon and Buyer have entered into to that certain Agreement of Purchase and Sale and Escrow Instructions dated , 2010 (the "Purchase Agreement ") pursuant to which Verizon has agreed to convey to Buyer the real property located at 14436 Ramona Boulevard, Baldwin Park, Los Angeles County, California, more particularly described in Exhibit "A" attached hereto (the "Burdened Property ") subject to the reservation of easement contained in this Agreement. Verizon is retaining ownership of the real property located immediately adjacent to the Burdened Property, described in Exhibit "B" attached hereto (the "Verizon Parcel "). Concurrently with the recording of this Agreement, Verizon is conveying the Burdened Property to Buyer subject to this reservation of easement and pursuant to the terms of the Purchase Agreement. B. The parties now desire to enter into this Agreement for the purpose of reserving certain ingress and egress rights over portions of the Burdened Property to access Verizon's facilities, including its hoist (collectively, the "Verizon Facilities "), located on the Verizon Parcel. Such ingress and egress rights will be located on, above and across the portions of the Burdened Property legally described on Exhibit "C" attached hereto and depicted on Exhibit "C -1 " attached hereto (the "Easement Area "). NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Reservation of Access Easement. Verizon hereby reserves and Buyer hereby acknowledges the reservation by Verizon, its successors and assigns, and all "Permittees" (as defined below) of an easement for the perpetual right, privilege and authority for pedestrian and vehicular ingress and egress, twenty -four (24) hours per day, seven (7) days per week, over and across all portions of the Easement Area for the purposes of accessing the Verizon Facilities. Additionally, Buyer shall provide Verizon and the Permittees with the right to park vehicles within the Easement Area as necessary to service or install equipment for the Verizon Facilities (including temporary parking as necessary during the operation of the hoist). For purposes of this Agreement, the term " Permittee" means all employees, agents, customers, visitors, invitees and licensees of Verizon. 2. Restrictions. Buyer and its successors and assigns hereby covenant and agree not to do any of the following without the prior written consent of Verizon, which may be withheld in Verizon's sole and absolute discretion: (a) construct or permit to be constructed any structures of any kind on the Easement Area, (b) allow any grading, construction, maintenance, demolition or other activities on the Easement Area which would interfere with Verizon's rights hereunder, or (c) allow vehicle parking on the Easement Area. 3. Buyer Obligation to 1MIaintain Easement Area. Buyer snail maintain the Easement Area and all access routes over the Burdened Property in a good condition and in good working order at its sole cost and expense; provided, that other than reasonable wear and tear, any damages caused by Verizon or the Permittees shall be repaired by Verizon or Verizon's successors -in- interest. 4. Representations. Buyer represents and warrants that as of the date this Agreement is recorded (a) Buyer is the owner of the Burdened Property, (b) Buyer has not assigned or transferred or agreed to assign or transfer any of its right, title or interest in and to the Burdened Property or any portion thereof, (c) Buyer has the authority to enter into this Agreement, and (d) this Agreement is a valid and binding obligation upon Buyer. 5. Interference. Neither Buyer nor any of Buyer's agents, employees, or contractors (collectively, the "Buyer Parties ") shall materially interfere with the rights reserved to Verizon herein (the "Interference "). This Agreement also includes the right at all times to remove all materials and debris which in interferes or may interfere with the rights reserved to Verizon herein. Buyer shall exercise due care in carrying out any work within the Easement Area. Buyer shall immediately take all necessary measures, at Buyer's sole cost and expense, to eliminate any Interference which Buyer has directly or indirectly caused and of which Buyer is notified or is otherwise aware. The provisions of this Paragraph 5 shall survive the termination of this Agreement. 6. Construction of Fence. As part of the construction work for the parking structure on the Burdened Property referred to in Purchase Agreement and Parking Agreement, Buyer shall have a fence installed on the Burdened Property that will separate the Burdened Property from the Verizon Parcel and have an access gate installed with a lock along the perimeter of the Easement Area for Verizon's use in connection with its access to the Verizon Facilities (collectively, the "Fence Work "). Buyer shall provide Verizon with keys to the gate. The Fence Work shall be performed in a good and workmanlike manner, in compliance with all applicable laws, by licensed, bondable and properly insured contractors, and at Buyer's sole cost and expense. Buyer shall maintain the fence at its sole cost and expense; provided, that other than reasonable wear the tear, any damages to the fence caused by Verizon or the Permittees shall be repaired by Verizon and Verizon's successors -in- interest at their sole costs and expense. 4 7. Notices. Whenever 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, addressed as follows: To Verizon: Verizon California Inc. c/o Verizon Corporate Real Estate 15505 Sand Canyon Avenue Irvine, CA 92618 Attention: Tony Wallace VSO Real Estate With n enrny to: Jones Tang I .male c/o Verizon Services Operations 600 Hidden Ridge Drive MC: E03G60 Irving, TX 75038 To Buyer: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Vijay Singhal, Chief Executive Officer Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery or refusal 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. The foregoing addresses may be changed by notice given in accordance with this Paragraph 7. 8. Default and Remedies. If either party fails to perform any of the terms, covenants and agreements contained herein, if such failure continues for a period of thirty (30) days after written notice (provided such party shall have such extended period as may be required beyond the thirty (30) days if the nature of the failure is such that it reasonably requires more than thirty (30) days to cure and the party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion), then the non - defaulting party shall be entitled to all remedies available to it at law or equity, including by way of example and not in limitation thereof, the right to sue such person for specific performance, injunctive relief and /or monetary damages, including without limitation, reasonable attorneys' fees, costs and expenses. 3 9. Miscellaneous. 9.1 This Agreement shall be binding upon and inure to the benefit of Verizon and its successors and each of the successor owners of the Verizon Parcel. 9.2 This Agreement shall be governed by and interpreted under the laws of the state of California. 9.3 If any action or proceeding is commenced by any party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs in addition to any other relief awarded by the court including fees and costs related to any appeal or a bankruptcy action of any kind. 9.4 As used in this Agreement, the term "including" shall mean including without limitation. Time is of the essence of this Agreement. The parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the parties may have under applicable law. This Agreement may be signed in counterparts. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the date and year first written above. VERIZON: VERIZON CALIFORNIA INC., a California corporation C Title: 91 CITY OF BALDWIN PARK, a municipal corporation By:_ Title: By:_ Title: IToC40111ViTAR04anLTA1901Y STATE OF COUNTY OF ) On , before me, , 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. (Seal) WITNESS my hand and official seal. Notary Public 5 ACKNOWLEDGMENT STATE OF ) COUNTY OF On , before me, , 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. (Seal) WITNESS my hand and official seal. Notary Public 0 ACKNOWLEDGMENT STATE OF ) COUNTY OF On , before me, , 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. (Seal) WITNESS my hand and official seal. Notary Public 7 EXHIBIT "A" LEGAL DESCRIPTION — BURDENED PROPERTY [Attached.] EXHIBIT "B" LEGAL DESCRIPTION — VERIZON PARCEL [Attached.] W.14 . I II: _ • LEGAL DESCRIPTION - EASEMENT AREA [Attached.] 10 i WI . DEPICTION - EASEMENT AREA [Attached.] 11 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "18" PARKING AGREEMENT [to be attached] Exhibit 18 -1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Verizon California Inc. 15505 Sand Canyon Avenue MC: VC33W541 Irvine, California 92618 -3114 Attention: Tony Wallace, Manager - VSO Real Estate [Space above this line for Recorder's use] PERPETUAL PARK NG AGREEMENT This Perpetual Parking Agreement (the "Agreement "), dated _, 2010 for reference purposes only, is entered into by and between Verizon California Inc., a California corporation ( "Verizon ") and the City of Baldwin Park, a municipal corporation ( "City "), with reference to the following facts: A. Verizon and City have entered into to that certain Agreement of Purchase and Sale and Escrow Instructions dated , 2010 (the "Purchase Agreement ") pursuant to which Verizon has agreed to convey to City the real property commonly referred to as 14436 Ramona Boulevard, Baldwin Park, Los Angeles County, California, more particularly described in Exhibit "A" attached hereto (the "Property "). B. Verizon is the fee owner of improved real property located adjacent to the Property, which real property is more particularly described in Exhibit "B" attached hereto (the "Verizon Parcel "). Concurrently with the recording of this Agreement, Verizon is conveying the Property to City subject to the terms and conditions contained in this Agreement and pursuant to the terms of the Purchase Agreement. C. City is the fee owner of parcels of real property located in the vicinity of the Verizon Parcel and the Property (collectively, the "City's Parcels "). Some of City's Parcels have been improved as parking lots and are currently being used for City's and the general public's parking needs. D. Pursuant to the Purchase Agreement, Verizon and City agreed to enter into this Agreement as a material inducement to Verizon to sell the Property, and to accommodate certain parking requirements with respect to the Verizon Parcel. Specifically, City shall provide Verizon and its successors and assigns and all "Permittees" (as defined below), at no cost or expense, the perpetual and irrevocable right to use certain parking spaces at the Property or the City's Parcels or both, which parking spaces may be used as credit and applied toward satisfying the Verizon Parcel's or any of Verizon's or its successor's on -site parking code requirements applicable to the current legal uses (including legal non - conforming uses and uses requiring a conditional use permit) or future legal uses (including legal non - conforming uses and uses requiring a conditional use permit) of the Verizon Parcel. Accordingly, Verizon and City desire to provide Verizon, its successors and assigns and all and Permittees perpetual parking rights pursuant to the terms of this Agreement and the Purchase Agreement. The City and Verizon (collectively, the "Parties ") intend for this Agreement to become effective immediately upon the closing of the sale of the Property. NOW, THEREFORE, for valuable consideration, the Parties agree as follows: 1. Verizon's Parking Spaces. The City hereby licenses to Verizon, its successors and assigns and all Permittees the perpetual and irrevocable right to use thirty (30) parking spaces to park passenger vehicles, along with reasonable ingress and egress over existing vehicle pathways to such parking spaces (collectively, " Verizon's Parking Spaces "), which Verizon Parking Spaces shall be located at the Property or the City's Parcels or both, on the following terms and conditions: 1.1 City shall use its best efforts to locate Verizon's Parking Spaces as close to the Verizon Parcel as practicable, but in no event shall Verizon's Parking Spaces be located more than four hundred fifty feet (450') from the Verizon Parcel. 1.2 In order from most preferable to least, City shall use its best efforts to locate Verizon's Parking Spaces at (a) the Property (before and after City's construction activities at the Property) or (b) at such other location(s) that is /are not more than four hundred fifty feet (450') from the Verizon Parcel. Parking shall be upon a first -come, first- served basis, but if Verizon's Parking Spaces at a particular location are not regularly available for a period of at least three (3) consecutive days, City shall, within five (5) days after written notice, provide Verizon a new location (whether one of the two locations enumerated above or a new location) for Verizon's Parking Spaces that is as close to the Verizon Parcel as practicable and not more than four hundred fifty feet (450') from the Verizon Parcel. 1.3 City shall provide at its sole cost all necessary means for seven (7) days a week, twenty -four (24) hour access to Verizon's Parking Spaces. Notwithstanding the foregoing to the contrary, Verizon acknowledges and agrees no Permittee shall be permitted to use the Property or City's Parcels for overnight parking unless overnight parking is generally permitted at the Property or the City's Parcels. Verizon understands and acknowledges that Verizon's Parking Spaces are not spaces devoted exclusively for use by Verizon, but existing spaces at the locations specified herein. Verizon has the right to use and allow (a) all employees, agents, customers, visitors, invitees and licensees of Verizon, and (b) any person or entity legally entitled to the use and occupancy of the Verizon Parcel, and their respective employees, agents, customers, visitors, invitees, licensees, subtenants, successors and assigns (collectively the "Permittees ") to use Verizon's Parking Spaces. Verizon and the Permittees shall not be charged for access, use or maintenance of Verizon's Parking Spaces. 1.4 The parties further agree and understand City intends to construct on the Property a parking structure and during such construction, parking may not be available to Seller on the Property, but City will make parking available to Verizon pursuant to subparagraph 1.2, above. 2. License Term; No Cost. This Agreement is irrevocable by the City. The perpetual term of this Agreement shall commence upon the closing of the sale of the Property under the Purchase Agreement, and such term shall only expire if Verizon provides written notice of Verizon's termination of this Agreement to the City. The Parties acknowledge and agree that Verizon's execution of the Purchase Agreement and sale of the Property to City is sufficient consideration for the obligations of City under this Agreement. The use of Verizon's Parking Spaces shall be at no cost to Verizon. Without limiting the generality of the preceding sentence, Verizon shall not be required to pay a license fee, or fees for light, power, and other utilities and services, if any, supplied to Verizon's Parking Spaces. 3. City Representations. City represents and warrants that (a) without obtaining any further a nrovnIq of nnv kind it has the authority to enter into this Agreement, an (b) this Agreement is a valid and binding obligation, enforceable by its terms. City further represents and warrants that the parking rights provided pursuant to this Agreement may be Diced ac (-v -alit and nnnrnlied tnxvarrNl satisfying the Veri-zon Pnrrt -Vz or any of Veriznn's or its successor's on site parking code requirements applicable to the Verizon Parcel, any future use of the Verizon Parcel, or future redevelopment of the Verizon Parcel. 4. Maintenance. City shall maintain Verizon's Parking Spaces in a reasonably good and serviceable condition and shall pay all costs associated with the maintenance of Verizon's Parking Spaces. 5. No Possessory Interest; Property Taxes. The parties do not intend to create a possessory interest in real property through this Agreement. However, if the applicable taxing authority determines this Agreement does create such an interest, then, after Verizon's receipt of a tax bill from the applicable taxing authority, Verizon shall be solely responsible for the payment of all real property taxes and assessments, if any, assessed with respect to Verizon's Parking Spaces pursuant to this Agreement. 6. Notices. Whenever 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, addressed as follows: To Verizon: Verizon California Inc. c/o Verizon Corporate Real Estate 15505 Sand Canyon Avenue Irvine, CA 92618 Attention: Tony Wallace VSO Real Estate With a copy to: Jones Lang LaSalle c/o Verizon Services Operations 600 Hidden Ridge Drive MC: E03G60 Irving, TX 75038 To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Vijay Singhal, Chief Executive Officer Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery or refusal 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 160111-o wing such weekend or holiday. The Foregoing addresses may be changed by notice given in accordance with this Paragraph 6. 7. ILVI iianeous. Aii eo`v'eiiaiits and rights granted herein shall iiin with +l, k- ., land and are appurtenant to and shall pass with title to the Verizon Parcel, and shall forever be binding on and inure to the benefit of Verizon and City, their respective successors and assigns. This Agreement shall be governed by and interpreted under the laws of the State of California. If any action or proceeding is commenced by any party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs in addition to any other relief awarded by the court. As used in this Agreement, the term "including" shall mean including without limitation. Time is of the essence of this Agreement. The Parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the Parties may have under applicable law. This Agreement may be signed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above. VERIZON CALIFORNIA INC., a California corporation Title: CITY OF BALDWIN PARK, a municipal corporation C Title: STATE OF ss. COUNTY OF ) On , before me, , 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. 1 certify under PENALTY OF 1 MU I Y under the laws of the State of Calffbornia that the foregoing paragraph is true and correct. «ViTNESS my haiid and offciai seal. Notary Public (Seal) STATE OF ) ss. COUNTY OF On , before me, , 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. l certify under PENALTY OF PEP.JLTRY under the laws of the State of California that the foregoing paragraph is true and correct. i'Y T NU Q Q my iianrl and off eiai .ci° 1 Notary Public (Seal) STATE OF ) ss. COUNTY OF On , before me, , 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 PEI:JLTRY under the lavas of the State of California that the foregoing paragraph is true and correct. WIT-TI-,ESS my hand and official seal. Notary Public (Seal) LEGAL DESCRIPTION - PROPERTY ONI LEGAL DESCRIPTION - VERIZON PARCEL I oil, al I tip CITY COUNCIL L AALKJRLIJ Iert.��r1±1i1 DEC -I ITEM NO, I STAFF REPORT ZT TO: Honorable Mayor and City Council Members . 9 FROM: Marc Castagnola, AICP, Community Development Mana a 4 DATE: December 1, 2010 SUBJECT: Proposed modifications to the Redevelopment Project Area Overlay (RDAO) Section 153.316 and additions of Sections 153.317 and 153.317.5 of the Baldwin Park Municipal Code, most commonly referred to as Ordinance 1290; (Location: Central Business District Redevelopment Project Area and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area; Applicant: City of Baldwin Park; Case Number: AZC -169) -* Mz To request City Council consideration to modify Section 153.316 (originally adopted by Ordinance No. 1290 relating to RDAO Development Overlay) and to add Sections 153.317 and 153.317.5 to the Baldwin Park Municipal Code (BPMC). CEQA / NOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined the proposed project will not have a significant impact upon the environment and at their meeting on October 20, 2010, the City Council voted to adopt the Negative Declaration of Environmental Impact for this proposed project. On October 21, 2010, the City forwarded a Notice of Determination to the Los Angeles County Clerk for posting (reference Attachment #5). A notice of Public Hearing for this agenda item was posted November 22, 2010, at City Hall, the Esther Snyder Community Center, and Barnes Park. Additionally, public hearing notices were mailed to all property owners in the Central Business District Redevelopment Project Area and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area on November 22, 2010. BACKGROUND In August 2006, the City Council adopted Ordinance 1290, creating a Redevelopment Project Area Overlay (RDAO) to facilitate the consideration of redevelopment projects AZC-169 December 1, 2010 Paae 2 and activities consistent with the implementation of a downtown revitalization vision and the General Plan. The RDAO applies to all parcels within the Central Business District Redevelopment Plan and Sub-Areas 2 and 3 of the Sierra Vista Redevelopment Project area with the exception of the properties along Maine Avenue between Clark Street and Los Angeles Street (4300-4399 Maine Avenue). Furthermore, it established a series of permitted uses and a list of 18 prohibited uses as follows: 1 ) Automotive Repair 2) Automotive Service Stations 3) Automotive Storage and Dismantling Yard 4) Automotive Wash 5) Check Cashing 6) Drive-Through Establishment 7) Dry-Cleaning Establishment (On-site) Fabrication Plant 9) Grocery Store over 10,000 square feet 10) Machine Shop 11) Manufacturing and/or Assembly Establishments 12) Office (Professional, Medical and Dental) 13) Pawn Shop 14) Second-Hand Store 15) Upholstery Establishment 16) Warehousing /Storage Establishment 17) Water Store/Kiosk; and 18) Welding Establishment. As a result of the current challenging economic environment and current redevelopment activity, City Council directed staff to evaluate different options for the RDAO to address current concerns while re-affirming the vision for downtown. Staff is of the opinion repealing 1290 would not be in City's best interest as discussed here. Therefore, after reviewing the three (3) different project areas -- Central Business District and Sub-Areas 2 and 3 of the Sierra Vista Project -- staff would recommend amending Ordinance 1290 with particular references to each project area. Reference Attachment #1 for a map depicting the three different areas. It has been noted each area contains a variety of uses. • Central Business District consists of mostly residential and commercial uses, with the exception of some Industrial uses along Alderson Avenue. • Sierra Vista Sub-Area 2 is primarily residential. However, it includes the East half of the Park Plaza complex and also includes some Industrial uses along Alderson Avenue. • Sierra Vista Sub-Area 3 is primarily light industrial. Central Business District and Sierra Vista Sub-Area 2 constitute the core of Baldwin Park's downtown area with a combination of retail and residential uses with the C: \Documents and Settings\MCastagnola.BALDWINPARK\My Documents\My Fi1es\Redeve1opmentk1290\CC Staff Report AZC-169 12-01-10. DOC AZC -169 December 1, 2010 Page 3 exception of a small strip of light industrial uses along Alderson Avenue. Also, for reason of clarification, the main commercial center at the core of the downtown area straddles the boundaries of the Central Business District and Sierra Vista Sub - Area 2 redevelopment areas. That commercial center is bound by Ramona Boulevard to the south, Maine Avenue to the west, Palmrose street to the north and Bogart avenue to the east. This area will be referred to as the "Park Plaza" commercial center in the following discussion. DISCUSSION 1) Central Business District (CBDi Redevelopment Area, As previously stated, the CBD is the core of Baldwin Park's downtown area. The imajonLy of that area Consists Uf retail and resldential uses. There IS a small S @CtlOn of CBD along Alderson Avenue which has some industrial uses existing in buildings that were originally constructed for industrial type uses. Staff is proposing different options for that section because of its existing uses. Proposed changes to Ordinance 1290 for the CBD area are as follows: a. Amend Ordinance 1290, use #9, to allow a Grocery store up to 46,400 sq. ft. in the Park Plaza area. That would allow opening of Superior Grocers. b. Amend Ordinance 1290, use #12 (Professional Offices — Medical and Dental), to be permitted on the second floor of a building only (prohibited on the ground floor) except in the Park Plaza area where they would be permitted up to 10% of Gross Floor Area. All other uses prohibited by 1290, would remain prohibited. As explained earlier, Ordinance 1290 specifically prohibits eighteen (18) uses. Staff believes none of the remaining uses, primarily industrial and automotive uses, are appropriate for or can contribute to the long term revitalization of Baldwin Park's downtown area. Typically, retail /entertainment uses are the only uses that are preferred in an older downtown. However, if the downtown is redeveloped, new mixed uses with residential, office and retail /entertainment would also be preferred uses. Although it can be argued offices should be allowed in downtown, that is typically seen in larger downtowns where large office skyscrapers are the predominant use creating a dramatic skyline, such as downtown Los Angeles. Restaurants and shops are supportive uses to meet the needs of daytime clientele. Even larger downtowns have felt the need to balance the office uses with housing, retail, and entertainment uses to create more vibrant downtowns in the evenings and weekends. For smaller single -story downtowns like Baldwin Park, office uses tend to be detrimental for retail and entertainment growth and survival. Office characteristics include a lack of pedestrian traffic and closure in the evenings and on weekends. That lack of pedestrian traffic in the evenings and weekends hurts retail and restaurants. Moreover, in Baldwin Park we have a very significant portion of our C; \Documents and Settings \MCastagnola.BALDWINPARK \My Documents \My Files \Redevelopment \1290\CC Staff Report AZC -169 12- 01- 10.DOC AZC -169 December 1, 2010 Paae 4 downtown occupied by professional, medical and dental offices. Allowing any further office uses would be very detrimental to the needs of downtown. Baldwin Park's downtown needs retail shops, restaurants, and entertainment venues. Maintaining a prohibition of offices would encourage property owners to seek retail uses eventually transitioning our downtown from an office dominated area to retail - oriented area. However, staff believes allowing office uses on the second floor of buildings may eventually create opportunity and incentive for property owners to redevelop their properties by creating retail uses on the ground floor and office uses on second floor and above, thus creating greater value for them and a better and vibrant downtown with retail, entertainment and dining opportunities as desired by the residents. Exception: Industrial Park along Alderson Avenue CBD has a small area along Alderson Avenue to the west of the rail road tracks, which is zoned industrial and contains light industrial uses. This area is surrounded by residences to the north and west. The buildings in this area are older and the properties are small. However, because of its small size and proximity to residences major industrial uses are not anticipated. To redevelop the area into more beneficial uses staff is recommending any new uses be only allowed for a five -year period. The City Council may review whether to extend allowing those uses for another period of time at the conclusion of the first five - year period. It is anticipated the economy should improve significantly to allow transition to other uses more conducive to a downtown /residential area. During the five years the only new industrial uses that should be permitted in this area are: c. Amend Ordinance 1290 to allow use #11 (Assembly ONLY) and use #12 (Office) in the area along Alderson Avenue. All other uses prohibited by Ordinance 1290 remain prohibited. 2) Sierra Vista Redevelopment Area — Sub -Area 2: That area is primarily residential with the exception of the area comprising of the northeast quadrant of the Park Plaza retail center and a few industrial uses along Alderson Avenue south of Clark Street, as a continuation of uses from the adjacent CBD area. Therefore, Staff's recommendations for this area is to maintain the residential character of the neighborhood by keeping Ordinance 1290 as is with two exceptions: 1) Park Plaza Area and II) Industrial park along Alderson Ave. Exception: Park Plaza Area That area is an integral part of the larger Park Plaza shopping center. As such, all regulations that apply to this area under the CBD Area shall also apply to this portion of the Sierra Vista Sub -Area 2. The intent is to maintain seamless and consistent land uses throughout the retail center. Therefore, Staff recommends all 1290 modifications recommendation in the CBD also apply for this portion of C'. \Documents and Settings \MCastagnola.BALDWINPARK \My DocumentsWy Files\Redevelopment \1290 \CC Staff Report AZC -169 12 -01- 10.DOC AZC -169 December 1, 2010 Paae 5 the sub -area only. Proposed changes to Ordinance 1290 for the Sierra Vista Sub -Area 2 are as follows: a. Amend Ordinance 1290, use #9, to allow Grocery store up to 46,400 sq. ft in the Park Plaza area. That would allow opening of Superior Grocers. b. Amend Ordinance 1290, use #12 (Professional Offices — Medical and Dental), to be permitted on the second floor only (prohibited on the ground floor) except in the Park Plaza area where they would be permitted up to 10% of Gross Floor Area. All other uses prohibited by Ordinance 1290 remain prohibited. Exception: Industrial Park along Alderson Ave. The boundaries of the Sierra Vista Sub -Area 2 are contiguous to the CBD boundaries along Alderson Avenue. Therefore, for consistency of land use along the same street and to preserve the existing businesses in this industrial park, staff is recommending the same exception as in the CBD. That exception is to assist existing businesses during the current economic context and shall be re- evaluated in the next five years. The City Council may review whether to extend allowing these uses for another period of time at the conclusion of the first five - year period. Therefore, during the next five years, the only new industrial uses that should be permitted for this area are: c. Amend Ordinance 1290 to allow use #11 (Assembly ONLY) and use #12 (Office) in the area along Alderson Avenue. All other uses prohibited by Ordinance 1290 remain prohibited. 3) Sierra Vista Redevelopment Area — Sub -Area 3: That area is located East of the Metrolink rail line and is currently developed with a large mix of light semi - industrial and automotive related uses. Its boundaries include the rail line to the north, Badillo Ave to the south and the City boundary to the East. While this area presents redevelopment potential associated with the revitalization of downtown, the current economic context is such that redevelopment opportunity may not materialize for several years and only after the Downtown core has fully expanded its potential. Therefore, its current and permissible uses would best maintain current economic stability and enable the long -term vision. While the existing uses shall be permitted to remain with a certain amount of expansion potential, the focus is to ensure any future uses are not detrimental to City's revitalization efforts, do not harm the adjacent residential population, and contribute to creating employment opportunities in Baldwin Park. Further, while the conversion to cleaner, greener uses in this area is a long term goal. Staff believes that future growth will be in the green and sustainable industries. Major growth creation will also be in theses areas. Therefore, to benefit from these emerging opportunities, in the future, the current uses must CADocuments and Settings \MCastagnola.BALDWINPARK \My Documents\My Files \Redevelopment \1290 \CC Staff Report AZC -169 12- 01- 10.DOC AZC -169 December 1, 2010 Paae 6 transition to green and sustainable industries and jobs. However, staff believes there are still few more years before such industries and uses become prevalent or economically feasible. Therefore staff changed its original recommendation to allow existing uses to continue for a period of five years during the transition. The City Council may review whether to extend allowing these uses for another period of time at the conclusion of the first five -year period. Therefore, the uses permitted n Sierra Vista Sub -Area 3 are: a. Amend Ordinance 1290 to allow uses #8 (Fabrication Plant), #10 (Machine Shop), #11 (Manufacturing and /or Assembly Establishments), #12 (Office), #15 (Upholstery), and #16 (Warehousing /Storage Establishment). Additionally, amen -a' uses #9 to allow (3procery store up to 406,400 sq. ft, and uses #12 to allow Offices on all floors. All other uses currently prohibited by Ordinance 1290 remain prohibited. 4) Central Business District and Sierra Vista Sub Area 2 and 3 Redevelopment Areas: In consideration of the existing businesses currently operating within the areas, the current economic environment and to allow sufficient time opportunity to meet the long -term vision for the downtown area, the following provision are recommended: a. Amend Ordinance 1290 to allow and require all illegal nonconforming uses existing within the RDAO on or before. September 29, 2010, to file for all required licenses and permits within 180 days after the effective date of the subject ordinance. b. Amend Ordinance 1290 to allow all legal conforming and nonconforming uses within the RDAO on or before September 29, 2010, and each illegal nonconforming use that is in compliance with new BPMC section 153.317 to expand up to 20 % of their existing gross floor area or existing land area or both, subject to all applicable land use approval provisions of the BPMC. c. Amend Ordinance 1290 to allow all existing office building constructed prior to September 29, 2010, to continue to be used as office buildings on all floors, including the first floor. All of those recommendations, if ultimately approved by the City Council, will apply to new uses within the respective areas or to the expansion of existing uses within said areas. Existing illegal nonconforming uses that were there on or before September 29, 2010, must apply for and receive all required licenses and permits Existing legal conforming uses which have been there on or before September 29, 2010, and maintain current business licenses will continue to operate as is unless as noted. The Planning Commission considered this proposal at their September 29, 2010, meeting. Discussion amongst the Commissioner's included topics such as: (1) CADocuments and Settings \MCastagnola.BALDWINPARK\My Documents \My Files \Redevelopment \1290 \CC Staff Report AZC -169 12- 01- 10.DOC AZC -169 December 1, 2010 Paae 7 determination of `green uses;' (2) conditional use permit fees; (3) after - market automobile accessories; and (4) a study of businesses within the RDAO area to determine if the new Ordinance would be effective. At the conclusion of the discussion, the Commission voted 5 -0 to recommend the City Council approve the ordinance as presented except to include after - market automobile accessories, consideration of the CUP fees, and a study of businesses by the Planning Division. The proposed recommendation addresses the concerns of the Planning Commission by not requiring a Conditional Use permit for those uses that would not normally be required to submit for one and by deferring the emphasis for green industries to a later time when the current economic context has omproved. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the City Council open the public hearing and following the public hearing consider all testimony, discuss the matter and then introduce for first reading, Ordinance No. 1337, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.316 OF AND ADDING SECTIONS 153.317 AND 153.317.5 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE REDEVELOPMENT OVERLAY." ATTACHMENTS: Attachment #1, RDAO General Map Attachment #2, Central Business District Map Attachment #3, Sierra Vista Sub -Area #2 Map Attachment #4, Sierra Vista Sub -Area #3 Map Attachment #5, Notice of Determination /Negative Declaration of Environmental Impact Attachment #6, Ordinance 1290 Attachment #7, Ordinance 1306 Attachment #8, Ordinance 1316 Attachment #9, Resolution PC 10 -10 Attachment #10, Draft Ordinance 1337 CADocuments and Settings \MCastagnola.BALDWINPARK \My Documents\My Fi1es \Redeve1opment \1290 \CC Staff Report AZC -169 12- 01- 10.DOC will 7�i[1117�51 A . ♦ a. _ l ° Z J _J CD m D U. P� O LO CL O w GPJ w V MAUPIN AV Q a /MEN% ° O MAINE AV 0. � o Q� ti W a Vm d ® O �b LU CO ® Q w c% CL v Q A/ z� Li. a w j V °2 A v 2o O N PARK BLVD �tii 0 �p� m a Ow z Q J Q Z � W A AV (7 J I • 0ii 1 uJ m �V L AL W V Q MAINE AV Q �� AW W LL ,CCD ^^ U) L J U U O L CL N c6 N L CU U) c0 ca L L CD ^ `` VJ �J I )i � � • s s 1 � � J� 1 ■ J �. z i o U- C/� ¢ E HID OIlIQVB O ii � Y O O C Z G w ^+ Y W /1V 3- LN3nci O �-,-� Ali L M U) o L � m M o A �G U) co w ¢ •� U) .o O ^L LL M cu L cu :E ai L .® c) ca ® ANDERSON AV cu U) �b LD Ids U �b ❑ o W DOWNING AV J 0 W I � 1 RESOLUTION NO, 2010 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING AND MODIFYING SECTIONS RELATING TO THE REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB -AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -169.) WHEREAS, the City of Baldwin park, submitted an Amendment to the Zoning Code Application requesting to modify and add language relating to the Redevelopment Project Area Overlay (RDAO); and WHEREAS, the proposed regulations have been proposed to effectuate desired changes to the standards by amendment to the Municipal Code, Chapter 153, being Case Number AZC -169 (the "Project ") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on September 29, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered them, together with any comments received at the hearing, and recommended approval of the Negative Declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on October 20, 2010, at which time evidence was heard on the Initial Study and Negative Declaration. At the Resolution 2010-042 Page 2 hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council reviewed and considered the Negative Declaration of Environmental Impact and determined the proposed Project will not have a significant adverse impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3, The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 20th day of October, 2010. Resolution 2010-042 Paae 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS' CITY OF BALDWIN PARK I 1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2010-042 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 20th day of October, 2010 by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS C pt'tip L RA M. NIETO, CIVIC EPUTY CITY CLERK Marlen Garcia, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano NONE NONE NONE / /Rif /1 RAI-DWIN ! =:Y.11 Del 1 [011 , , 11111 11p, ��1111 , I n. A . R. u TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Los Angeles �( 12400 East Imperial Highway .. __.._l'. " nncrn U i�iCl(WC3 K, �,n cyvvvv (PROJECT TITLE: STATE CLEARING HOUSE NUMBER: (IF SUBMITTED TO STATE CLEARINGHOUSE) CONTACT PERSON: PROJECT LOCATION: PROJECT DESCRIPTION: FROM: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91 706 AZC -168 N/A Amy L. Harbin, City Planner Citywide An amendment to the City's Municipal Code, adding language relating to tree preservation and protection on both public and private properties. (Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC -168). This is to advise that on October 20, 2010 the Citv Council of the Citv of Baldwin Park (DATE) (LEAD AGENCY) approved the above described project and teas made he following determinations regarding the above described project: i . The approved project: _ I ( will have a significant effect on the environment. C will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the X I Negative Declaration is attached. All environmental documents may be examined at Citv of Baldwin Park. Plannino Division. 14403 E. Pacific Avenue Baldwin Park. CA 91706. 3. Mitigating Measures 4_ A Statement of Overriding Considerations Received for Filing I were adopted by the Lead Agency and are attached I X were not adopted by the Leaf Agency was adopted for this project LX was not adopted for�this project. (SI (TITLE) � 1 • s � � a ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING PART 5 OF CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ADD PROVISIONS RELATING TO A REDEVELOPMENT OVERLAY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Part 5 of Chapter 153 of the Baldwin Park Municipal Code relating to Special Zones is hereby amended in its entirety to read as follows: PART 5. (RDAO) REDEVELOPMENT OVERLAY The purpose of establishing a Redevelopment Project Area Overlay (RDAO) is to facilitate the consideration of redevelopment projects and activities of the Community Development Commission of the City of Baldwin Park (CDC) that are consistent with and implement the Central Business District Redevelopment Plan and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area portion of the Baldwin Park Redevelopment Plan. § 153.315.5 APPLICABILITY The RDAO applies to all the parcels within the Central Business District Redevelopment Plan and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area as officially adopted by the City of Baldwin Park. Said area is generally bounded by Clark Street to the North, the commercial buildings along Maine Avenue to the West the blocks along Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue to the South and Alderson Avenue to the East, and includes as well the industrial areas along Badillo Avenue and Ramona Boulevard from Downing Avenue to the Sierra Vista Redevelopment Project Area boundary. The area is illustrated in that certain map dated June 21, 2006, which is on file in the offices of the City's Planning Division and incorporated herein by this reference. Except as expressly provided in this Part, the land use and development requirements of the underlying zone shall apply. Ordinance 1290 Page 2 § 153.316 USES PERMITTED AND CONDITIONALLY PERMITTED (A) The uses permitted or conditionally permitted in the RDAO shall be limited to those uses listed in the table below: LAND USE PERMIT REQUIREMENT BY ZONE C-1 C-2 C-M I See Section Alcoholic Beverage Sales On or Off Site CUP CUP CUP CUP 153.316.5 Apparel Shop P P P 153.31 6.5 Appliance Store P P P 153.316.5 Art Store/Gallery P P P 153.3165 Auto Supply Store P P P P 153.316.5 Automated Teller Machine (Freestanding) CUP CUP 153.316.5 Bakery P p P P 153.316.5 Bank CUP CUP CUP 153.316.5 Barbershop/Beauty Parlor P P P 153.316.5 Beauty Salon/Spa (Full Service) CUP CUP CUP 153.316.5 Bookstore/Stationary Store P P p P 153.316.5 Bowling Alley CUP CUP CUP 153.316.5 Dry Cleaners (drop-off only) CUP CUP CUP CUP 153.316.5 Florist P P P —P 153.316.5 Furniture Store p P P 153.316.5 Gift Shop p P —P P 153.316.5 -Hobby Shop p P P P 153.316.5 -Jewel ry Store P —cup P P 153.316.5 Laundromat cup ---Cup cup 153.316.5 Pet Store P P P P —153.316.5 Restaurant P —P —P —P 153.316.5 Theater (Live or Cinema) CUP CUP CUP 153.316.5 P = Permitted CUP = Conditional Use Permit For RG and R3 Zones, reference Sections 153.030 through 153.039 and 153.070 .through 153.078. Ordinance 1290 Page 3 (B) The uses prohibited in the RDAO shall be: 1 ) Automobile Repair 2) Automobile Service Stations 3) Automobile Storage and Dismantling Yard 4) Automobile Wash 5) Check Cashing 6) Drive-through Establishment 7) Dry Cleaning Establishment (On-site) 8) Fabrication Plant 9) Grocery Store over 10,000 square feet 10) Machine Shop 11) Manufacturing and/or Assembly Establishments 12) Office (Professional, Medical and Dental) 13) Pawn Shop 14) Second-Hand Store 15) Upholstery Establishment 16) Warehousing /Storage Establishment 17) Water Store/Kiosk and 18) Welding Establishment. (C) The Community Development Director is authorized to approve acceptance of any application for a use not specifically listed in subdivision (A), above, which, in his/her reasonable discretion, is substantially similar to a use listed in that subdivision. The Community Development Director or his designee is authorized to deny acceptance of any application for a use not specifically listed in subdivision (B), above, which, in his/her reasonable discretion, is substantially similar to a use listed in that subdivision. (D) Subject to subdivision (E) below, the right to utilize a property for a use other than one listed in subdivision (A), above, shall be terminated if such use has not been actively open to the public for any ninety (90) consecutive days after April 20, 2006, and such use shall not thereafter reopen. (E) An application for a waiver of subdivision (D), above, may be filed by or on behalf of the property owner; provided, that the application shall be filed within ninety (90) days after the use cannot be reopened pursuant to subdivision (D), above. Such waiver shall be granted by the Planning Commission, if the property owner, or his or her representative, presents substantial evidence showing (i) strict application of this Part would effect a taking of private property without just compensation or otherwise constitute a violation of the United States Constitution, California Constitution or other applicable Federal or State laws or (ii) all of the uses listed in subdivision (A), above, are economically infeasible for the Ordinance 1290 Page 4 property. (F) The fee for filing a request for a waiver shall be the same as filing an application for a conditional use permit, as established by resolution of the City Council. (G) Section 153.689 shall govern any appeal of a decision of the Planning Commission; provided, that the fee for filing an appeal shall be the same as an appeal for a conditional use permit, as established by resolution of the City Council. �. 0 -- f . *_ * a _. • (A) Before any new permitted or conditionally permitted use can commence c�,.,,�e.,,,..e �.F..�,c.���n�, or any building permit can be issued for a structure on a property within the RDAO area, the property owner or his/her representative shall file an application for and receive approval from the Community Development Director. The Community Development Director may refer the review and approval to the Planning Commission, in his or her sole discretion. The approval shall be based on the guidelines and provisions applicable to a design review and conditional use permits established by Chapter 153. (B) Notwithstanding any application, filing and review procedures established by Chapter 153 or regulations adopted pursuant thereto, a party other than the property owner(s) or their designated representative(s) may file an application for the City's consideration of land use entitlements without the consent of the property owner(s) or their representative(s), if that party has entered into a Cash Depository Agreement, Exclusive Negotiation Agreement, Owner Participation Agreement, Owner Participation and Disposition Agreement, Disposition and Development Agreement, or similar agreement with the Community Development Commission of the City of Baldwin Park; provided, that any entitlement granted pursuant to this Part shall not be effective unless and until the applicant becomes the owner of the property involved or the property owner(s) of that property has(have) submitted written approval for the applicant to proceed with that entitlement. (C) The fee for filing an application in the RDAO area shall be the same as the fee for filing an application for a conditional use permit, as established by resolution of the City Council. The fee for filing an appeal of any decision on that application shall be the same as for an appeal of the decision on a conditional use permit, as established by resolution of the City Council. Ordinance 1290 Page 5 Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 2 "d day of August 2006. wfifilgMl STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1290 was introduced at a regular meeting of the City Council held on July 19, 2006, and was adopted by the City Council at its regular meeting held on August 2, 2006, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ROS5MARY M. UTIERREZ CHIEF DEPUTY CITY CLERK Anthony J. Bejarano, Ricardo Pacheco, Mayor Pro Tem David J. Olivas and Mayor Manuel Lozano NOM Marlen Garcia NONE •'• ' 1a ORDINANCE NO. 1306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.316 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO USES WITHIN THE REDEVELOPMENT OVERLAY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. The table in subsection (A) of section 153.316 of the Baldwin Park Municipal Code is hereby amended to add the following land use in the appropriate alphabetical order: LAND USE P E RhA1TE>EQUI10cMEk1T IVAN A It 1A %L- mv7nNr- A Is A W A &-%.# 1- C-1 C-2 C-M I See Section Offices with the primary purpose P P P P 153.316.5 of actively assisting with redevelopment and revitalization of the RDAO and that regularly provide space for gatherings for community interest items related to that redevelopment and revitalization Section 2. Subparagraph (12) of subsection (B) of section 153.316 of the Baldwin Park Municipal Code is hereby amended to read as follows: (B) The uses prohibited in the RDAO shall be: (12) Office (Professional, Medical and Dental), except as otherwise provided in subsection (A). Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 15th day of August, 2007 Ordinance No. 1306 Page 2 ATTEST.- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1306 was introduced at a regular meeting of the City Council held on August 1, 2007, and was adopted by the City Council at its regular meeting held on August 15, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS rE MARY M. GUTIERREZ. !HISEF DEPUTY CITY CLERK Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano 11591019 NONE W MA Aug", ri Lei Q • ORDINANCE NO. 1316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MODIFYING SECTION 153.315.5 OF THE BALDWIN PARK MUNICIPAL CODE TO REDUCE THE AREA SUBJECT TO THE REDEVELOPMENT PROJECT AREA OVERLAY BY MODIFYING THE NORTHERN BOUNDARY (CASE NUMBER AZC -162; LOCATION 4300 -4390 MAINE AVENUE (BOTH ODD AND EVEN ADDRESSES); APPLICANT: ELODIA MUNOZ DE VAZQUEZ AND RONALD G. PEREZ) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. That Subsection (A) of 153.315.5 of the Baldwin Park Municipal Code shall be amended to read as follows: The RDAO applies to all parcels within the Central Business District Redevelopment Plan and Sub -Areas 2 and 3 of the Sierra Vista Redevelopment Project Area as officially adopted by the City of Baldwin Park, except for the parcels fronting on Maine Avenue between Clark Street to the North and Los Angeles Street to the South. The area to which the RDAO applies is generally bounded by Clark Street to the North, the commercial buildings along Maine Avenue to the West, the blocks along Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue to the South and Alderson Avenue to the East, and includes as well the industrial areas along Badillo Avenue and Ramona Boulevard from Downing Avenue to the Sierra Vista Redevelopment Project Area boundary. The area is illustrated in that certain map dated September 24, 2008, which is on file in the offices of the City's Planning Division and incorporated herein by this reference as Attachment A. Except as expressly provided in this Part, the land use and development requirements of the underlying zone shall apply. Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 19th day of November 2008 MANUEL MAYOR Ordinance 1316 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1316 was introduced at a regular meeting of the City Council held on November 5, 2008, and was adopted by the City Council at its regular meeting held on November 19, 2008, by the s following vote of th—e Council- AYES: C 0 1.1 It"I C-11 [L- IrIV111 EI`VAI B [I=— UF 3\ S NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS 4 L RA M. NIETO P UTY CITY CLERK 4 R MA arlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano, and Mayor Manuel Lozano 1 ♦ � • s CITY OF BALDWIN PARK Planning Commission WEDNESDAY, SEPTEMBER 29, 2010 7:00 p.m. COUNCIL CHAMBERS 11403 E. Pacific Avenue Baldwin Park James R. Dexter II, Chair; Angela Alvarado, Vice Chair; Ralph Galvan, David L. Muse, Bryan Urias, Commissioners The Planning Commission of the City of Baldwin Park met in REGULAR SESION at the above time and place. PLEDGE OF ALLEGIANCE Commissioner Galvan requested to close meeting on behalf of fellow co- worker Charles Victa and 15 year resident and friend of Baldwin Park, Efrain Ramirez. ROLL CALL Present: Chair James R. Dexter II, Vice Chair Angela Alvarado, Commissioners Ralph Galvan, David L. Muse and Commissioner Bryan Urias. Absent: None. Also Present: Amy Harbin, City Planner, Salvador Lopez, Associate Planner, Marc Castagnola, Community Development Manager, Gina J. Kim, Assistant City Attorney and Mayra Vargas, Secretary. PUBLIC COMMUNICATIONS Chair Dexter continued presentation to next scheduled Planning Commission meeting. City Planner Harbin stated that she would verify presentation rescheduling with the Baldwin Park Resident Advisory Committee. Chair Dexter declared Public Communications OPEN. Ken Woods, 4125 Alderson business owner and resident, asked what the sunset clause meant and if an environmental impact study had been done, why the public wasn't given an opportunity for their input. Joe Seay, representing the Seay family and property owners at Alderson Avenue, complimented Community Development Manager Castagnola and City Planner Harbin for their help in getting his tenants through the licensing procedures. He stated that he had concerns regarding case number AZC -169 such as the cost of getting a conditional use permit for his tenants. He stated that he opposed Ordinance 1290 and asked Commission to repeal it. Greg Tuttle, business owner, stated that there are a lot of historical sites that are going to be destroyed by a project from D.C. Corp. He also stated that Ordinance 1290 needs to be stopped and asked the Commission to think twice before approving Ordinance 1290. He would like Ordinance 1290 to be repealed. Richard Rascon, 1352 E. Garvey A :�e. hu!seness owner, he stated that he had asked C ;ty Planner Harbin if she knew if changing the zoning would devaluate the property to which she responded she didn't know. He stated that location and zoning were the two most important things to consider because changing the zone would devaluate the property. There being no further interest, Chair Dexter declared Public Communications CLOSED. CONSENT CALENDAR 1) Minutes from August 25, 2010 Motion: Approve Moved by Chair James R. Dexter II, seconded by Vice Chair Angela Alvarado. All in Favor. SET MATTERS - PUBLIC HEARINGS 2) A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE MODIFICATION OF AN EXISTING WIRELESS COMMUNICATION FACILITY LOCATED WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE (LOCATION: 13209 E. GARVEY AVENUE; APPLICANT: MARC MYERS, BCI COMMUNICATIONS; CASE NO.: CP -778). Chair Dexter called for staff report to Commission. Associate Planner presented staff report to Commission. Chair Dexter called for Commission questions to staff. Commissioner Urias asked if the 2 live palm trees can be placed closer to the antennas. Associate Planner Lopez replied that the 2 sites that were chosen by staff were the only feasible sites for the live palm trees. There being no further Commission questions, Chair Dexter declared the Public Hearing Applicant Marc Myers on behalf of Clearwire, stated that they were in agreement with staff recommendations and requested approval from Commission. There being no further comments, Chair Dexter declared the Public Hearing CLOSED. Chair Dexter called for a motion. Motion: Approve "Resolution PC 10-11, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A REQUEST A CONDITIONAL USE PERMIT TO ALLOW THE T I I VI 1-j I %-,� FACILITY MODIFICA I ION 0-)F AN EXISTING WIRELES IS CO COKAKAI 1(-A-r n F IN 1 N FACILITY L' CATED WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE. (LOCATION: 13209 E. GARVEY AVENUE; APPLICANT: MARC MYERS, SCI COMMUNICATIONS; CASE NO.: CP-778)" Moved by Vice Chair Angela Alvarado, seconded by Chair James R. Dexter 11. All in favor. 3) A REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ADDING LANGUAGE RELATING TO TREE PRESERVATION AND PROTECTION ON BOTH PUBLIC AND PRIVATE PROPERTIES (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-168). Chair Dexter called for staff report to Commission. City Planner Harbin presented staff report to Commission. Chair Dexter called for Commission questions to staff. Chair Dexter asked if the item would protect trees that were over-trimmed a few years ago. City Planner Harbin answered yes. Chair Dexter asked who would be appointed to this board to make decisions. City Planner Harbin stated that the Planning Commission would be appointed as the Tree Advisory Board to make the decisions. Vice Chair Alvarado asked why private properties were added to the Ordinance. City Planner Harbin replied that trees on private property would only be considered only if there was a 'mature tree' on the property. Commissioner Muse asked where the guidelines for the Tree Ordinance were taken from. City Planner Harbin replied that the Ordinance was taken from different Tree Ordinances throughout cities in Southern California that our Zoning Code Consultants Hogle- Ireland put together. There being no further Commission questions, Chair Dexter OPENED Public Hearing. Cruz Sembello, resident, asked if actual arborist would be on the committee to make decisions on the tree ordinance. Greg Tuttle, business owner wanted to know how the decision committee would be financed. City Planner Harbin replied that no one would be paid extra and only would pay a certified arborist when needed. There being no further interest, C hair Dexter ^L^SED Public Hear it ig. There being no further Commission question, Chair Dexter called for a motion. Motion: Approve Resolution PC 10 -09, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADD SECTIONS 153.565 THROUGH 153.575 TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO THE PRESERVATION AND PROTECTION OF MATURE TREES ON PUBLIC AND PRIVATE PROPERTY (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC- 168)." Moved by Chair James R. Dexter ll, seconded by Commissioner Bryan Urias. All in favor. 4) A REQUEST FOR A RECOMMENDATION ON MODIFICATIONS AND ADDITIONS TO REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) SECTIONS 153.315 THROUGH 153.316.5 OF THE CITY'S MUNICIPAL CODE, MOST COMMONLY REFERRED TO AS ORDINANCE 1290; (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUBAREAS #2 AND #3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC -169). Chair Dexter called for staff report to Commission. City Planner Harbin presented staff report to Commission. Chair Dexter called for Commission questions to staff. Chair Dexter asked to clarify the sunset clause. Community Development Manager Castagnola replied that the Ordinance as amended allows uses to operate for the next five years. At the end of five years, staff will go back to Commission to revise, continue, modify, change or do whatever needs to be done in regards to the economy context at the time. Commissioner Urias asked if that was included in Ordinance 1290. Community Development Manager Castagnola replied that it was for the amendment to Ordinance 1290 which is under consideration. Ordinance 1290 does not have any Sunset Clause, Chair Dexter asked why there wasn't an Environmental Impact Report. City Planner Harbin replied that this type of application does not warrant and Environmental Impact Report. Staff conducted an Initial Study which is out for circulation from September 22 through October 11, 2010 and may be commented on during the public hearing. �r�mm;.ssi,r.,nn"''r;as ,a~ ±ed to know the niium'-,er of business an- the extent t of any V Vifiif it iV 1, `Ji iC'i3 VV C:i11L violations. City Planner Harbin replied that she did not know how many businesses are operating illegally, this would only affect businesses that were operating without a valid business licenses. There being no further staff questions, Chair Dexter OPENED Public Hearing. Monica Alber, business owner at 14617 E. Ramona Blvd., asked if the sunset clause applied to her business. Community Development manager Castagnola let her know that it did not apply to her business. Joe Seay, property owner at 4155 Alderson, spoke against the sunset clause and Ordinance 1290. He stated that the vagueness of green use restrictions is rather troublesome to him. Adding that the decisions of green uses should not be left to only the CEO of the City. Greg Tuttle, business owner, is still opposing Ordinance 1290. He would like small and medium business in the City like Superior Grocery stores. Cruz Sembello commented that at one time Baldwin Park had jobs for students and families. She is against the sunset clause and would like to see something done to have more businesses in the City. Ronald Tan, resident 14721 Lozano Drive, asked what staff had in mind for residential areas being included in the Central Business District, and if there isn't anything of significance or importance then he would like to have his residential area removed from the Central Business District Project Area. Scott Gerrity representative for Maine Avenue Market Place at 4201 -4299 Maine Avenue, asked if this decision reverse Ordinance 1290 for 5 years. He asked if the Commission can just reverse Ordinance 1290 entirely and just get jobs for the community. Business owner, 15038 E. Ramona Blvd., stated that he would like his business taken out of the redevelopment area. Robert Elhers, 4155 Puente Avenue, All Star Products owner, spoke against Ordinance 1290, stated that he has sent people to rent his properties but because of Ordinance 1290 business are not able to come into the City. There being no further interest, Chair Dexter CLOSED the Public Hearing. Commissioner Galvan asked if Ordinance 1290 keeps dance studios out from coming into the City. City Planner Harbin replied that not in accordance with Ordinance 1290. Vice Chair Alvarado asked if a study can be done after the five years to see if the new Ordinance would be effective. She would like a study conducted to see how successful or unsuccessful it was. City Planner Harbin replied yes. Community Development Manager Castagnola clarified that any new businesses that opened their doors during the first five years would not be shut down. Chair Dexter commented that five years for a business to establish itself is not a long time. He added that the staff needs to have a study based on facts as to not discourage businesses from coming into the City in the future. Commissioner Galvan asked what the plans are for residential areas with Ordinance 1290. City Planner Harbin replied that residential areas would not be impacted by Ordinance 1290. Commissioner Urias asked what parameters would be used to define what Green Use is. Community Development Manager Castagnola replied that staff has not gone to that level of detail yet but that there are a lot financial incentives from the Federal and State levels to benefit the Green Industry. He added that staff would have to align with those parameters to consider if a business is green or not. Chair Dexter replied that he does not believe that only one person should make decisions on green use alone. The Planning Commission should be involved. Commissioner Urias agreed with Chair Dexter. Chair Dexter asked if Conditional Use Permit (CUP) fees are a one set standard fee. City Planner Harbin replied yes. Chair Dexter asked whether the fees could be based on the square footage of the business property. Commissioner Urias added that maybe a tier system that has different level fees for square footage can be considered as an incentive by the City. Chair Dexter asked about Sierra Vista Sub Area 3 and the permitted uses and wanted to include something that reads auto accessories or something to that effect. He wanted this request to be added as one amendment. City Planner lu larbl replied that She wind W or k with the Cit y Attorney to i3f K on 'the specific wording and to put it in writing. There being no further comments, Chair Dexter called for a motion. Motion: Approve to include sub area 3 adding automotive accessories, consideration of CUP fees, and a study of businesses by the Planning Division and presented to City Council. Staff recommends that the Planning Commission adopt Resolution PC 10 -10, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVE THE MODIFICATIONS AND ADDITIONS TO SECTIONS 153.315 THROUGH 153.316.5 (REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) OF THE CITY'S MUNICIPAL CODE (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUBAREAS #2 AND #3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AZC- 169) ".Moved by Chair James R. Dexter II, seconded by Vice Chair Angela Alvarado. All in favor. 5) CONTINUED FROM AUGUST 25, 2010. REVIEW OF THE ENVIRONMENTAL ASSESSMENT PREPARED FOR THE PROPOSED BALDWIN PARK TRANSIT CENTER PROJECT PURSUANT TO THE NATIONAL ENVIRONMENTAL ACT (NEPA). Staff recommends that the Planning Commission receive any public comments on the proposed project, and continue the item to the November 10, 2010 Planning Commission Meeting. Chair Dexter called for staff report to Commission City Planner Harbin presented staff report to Commission. Chair Dexter announced that Public Hearing was still OPEN. There being no public comments, Chair Dexter continued item to November 10, 2010 Planning Commission Meeting. 6) Annual election of Vice -Chair and Chair of the Planning Commission. Chair Dexter called for Reports of Officers. City Planner Harbin presented the report to Commission. Chair Dexter called for nominations for Commission Chair and Vice Chair. Commissioner Muse nominated Chair Dexter for Commission Chair. Commissioner Galvan seconded the nomination of Chair Dexter for Commission Chair. ('h f'll, + r + I it. nl, i '10 Co � 1 n v. pair ucx�e, nominowed v sue � sair /'-X ivar ado r i>vriirriissi%n vice vhair. Commissioner Galvan seconded the nomination of Vice Chair Alvarado for Commission Vice Chair. 7) Planning Division, August 2010 Monthly Report. City Planner Harbin presented August 2010 Monthly Report to Commission. COMMISSION / STAFF COMMUNICATIONS Commissioner Galvan asked for an update report regarding the 7- Eleven project. Community Development Manager Castagnola replied that there were miscommunications between the architect and the applicant. He stated that he offered the applicant express plan check to help them out and hope to have it completed by the end of the month and have them back on track. Commissioner Galvan also asked why the recycling facility on Ramona had not been closed down. Community Development Manager Castagnola replied that the appeal was on the October 6, 2010 City Council agenda for consideration. Chair Dexter called for a motion to adjourn meeting on behalf of Charles Victa and Efrain Ramirez at 8:13 pm. Motion: Approve ADJOURNMENT Moved by Chair James R. Dexter II, seconded by Commissioner Ralph Galvan. All in favor. Approved as presented by the Planning Commission at their meeting held on October 27, 2010. JaXes R. Dexte'r 11, Chair Pfty of Baldwin Park Planning Division ATTEST: Mayrqa- rg as, Se(64tary C ity o aldwin Park Planning Division s, RESOLUTION PC 10-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVE THE MODIFICATIONS TO SECTION 153.316 AND ADDITIONS OF SECTIONS 153.317 AND 153.317.5 (REDEVELOPMENT PROJECT AREA OVERLAY (RDAO) OF THE CITY'S MUNICIPAL CODE (LOCATION: CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB-AREAS 2 AND 3 OF THE CI Q. I �i RR / A I VISTA PROJECT AREA; APPLICANT- CITY OF BALDWIN PARK; CASE NUMBER AZC- 16 9). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine and declare as follows: (a) The City of Baldwin Park (hereinafter "Applicant") heretofore filed an application for an amendment to the City's Municipal Code, modifying Section 153.316 and adding Sections 153.317 and 153.317.5 relating to the Redevelopment Project Area Overlay (RDAO); and (b) The Planning Commission conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Zoning Code; and (c) Each fact set forth in the staff report dated September 29, 2010 from Amy L. Harbin, City Planner, to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. That the Planning Commission recommends that the City Council adopt the Negative Declaration of Environmental Impact associated with AZC- 169. SECTION 3. The Zoning Code should be amended as identified in Ordinance No. 1337 attached to the Staff Report and on file with the Secretary of the Planning Commission. SECTION 4. That the Planning Commission recommends that the City Council approve the amendment to the Zoning Code as indicated in Ordinance No. 1337. SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. PASSED AND APPROVED on the 29th day of September, 2010. If CHAIR PLANNING COMMISS101 ATTEST: MAYRA VARGAS, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, MAYRA VARGAS, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 10-10 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 29th day of September by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT.- COMMISSIONERS: ORDINANCE NO. 1337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.316 OF AND ADDING SECTIONS 153.317 AND 153.317.5 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE REDEVELOPMENT OVERLAY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. The table in subsection (A) of section 153.316 of the Baldwin Par!: Municipal Code is hereby amended to add the following land uses it the appropriate alphabetical order: I For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously molded materials), shell, textiles, wire, wood, or yarn or some similar use as reasonably determined by the City's Community Development Manager. Page 1 of 4 PERMIT REQUIRED BY ZONE LAND USE C -1 C -2 C -M I See Section Assembly' Establishment, located: (a) within the CBD or Sub- - -- - -- p P 153.316.5 Area 2 and fronting Alderson Avenue, or (b) within Sub -Area 3 Fabrication Plant, located: (a) within the CBD or Sub - Area 2 and fronting on - -- - -- P P 153.316.5 Alderson Avenue, or (b) within Sub -Area 3 Machine Shop, located: (a) within the CBD and Sub - Area 2 and fronting Alderson - -- - -- P P 153.316.5 Avenue, or (b) within Sub -Area 3 Manufacturing Establishment, located: P P (a) within the CBD and Sub- - -- - -- See See 153.316.5 Area 2 and fronting Alderson Section Section Avenue, or 153.196 153.226 (b) within Sub -Area 3 I For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously molded materials), shell, textiles, wire, wood, or yarn or some similar use as reasonably determined by the City's Community Development Manager. Page 1 of 4 Page 2 of 4 PERMIT REQUIRED BY ZONE LAND USE C-1 C-2 C-M I See Section Office (Professional, Medical and Dental): Only second floor or above within the CBD and Sub-Area 2, except for those areas fronting Alderson Avenue P P P P 153.316.5 On all floors, including ground floor, in Sub-Area 3 and area-, fronting Alderson Avenue within the CBD and Sub-Area 2 Upholstery Establishment, located: P P (a) within the CBD and Sub- --- --- See See 153.316.5 Area 2 and fronting Alderson Section Section Avenue, or 153.196 153.226 (b) within Sub-Area 3 Warehousing/Storage Establishment, located: (a) within the CBD and Sub- --- --- P P 153.316.5 Area 2 and fronting Alderson Avenue, or (b) within Sub-Area 3 Page 2 of 4 Section 2. Subparagraphs (8), (9), (10), (11), (15) and (16) of subsection (B) of section 153.316 of the Baldwin Park Municipal Code are hereby amended to read as follows: (B) The uses prohibited in the RDAO shall be: (8) Fabrication Plant, except as otherwise provided in subsection (A); (9) Grocery Store over 46,400 square feet; (10) Machine Shop, except as otherwise provided in subsection (A); "11) 1) Mae eufacturing and/or >'\ssernofy Establishments, except as otherwise provided in subsection (A); (15) Upholstery Establishment, except as otherwise provided in subsection (A); (16) Warehousing /Storage Establishment, except as otherwise provided in subsection (A); Section 3. Section 153.317 is hereby added to the Baldwin Park Municipal Code to read as follows: § 153.317 EXISTING ILLEGAL NONCONFORMING USES (A) Each illegal nonconforming use existing within the RDAO on or before September 29, 2010, shall be permitted to remain in place only if a complete application is filed with the Planning Department within one hundred and eighty (180) days after [the effective date of this ordinance], 2010, and that a conditional use permit is granted after all applicable public hearings and appeals as required or necessary. (B) For good and sufficient reasons provided by an applicant, the Community Development Director, or his or her designee, is authorized to extend the above application deadline. Section 4. Section 153.317.5 is hereby added to the Baldwin Park Municipal Code to read as follows: § 153.317.5 EXPANSION OF USES Each legal conforming or nonconforming use existing within the RDAO on or before September 29, 2010, and each illegal nonconforming use that is in compliance with Section 153.317 may be expanded by up to twenty percent (20 %) of the existing gross floor area or existing land area or both, subject to all applicable land use approval provisions of this code. Page 3 of 4 Section 5. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. 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, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1290 was introduced at a regular meeting of the City Council held on , and was adopted by the City Council at its regular meeting held on by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CMC Deputy City Clerk Page 4 of 4 lua ItT Ar .� .T— • 9,MW a, -- 'yam "'" — e, m M� rn * _',. -a; 1 i I =` -.II - �". Lai IM i -� �! ial-S �. 7-7.r, �". Lai IM .r , a . .. �„ -tea: ;�_,� _. �,; a. Zwtw 0 6 = =M� _ — W. c. .! I `' c J "am ut NMI - r .. o- =,om,ow, WA T r Y 2 MUM Na do '� � �i � � �f15 �vas•rSe:- a n .sa% b��.v.'br,�:a� i m lot Nil I, R IS --.?' dwri WS r I _ I Iwo _ - Igo m - F -- i %. � � „� r lwbom ter. 'to kimmomw 7M7 -xi — LL =77— owl n �I F& OW N* IM4 0 n r 10 W it 1 a= mom _'m r 10 W it 1 a= J ZZEL JIM � .rte # * _ _. A �to�o - � .rte ;-1 s� Mll r a *640 l �ffI 1 Iii =1 " i 21T. , ! <I 172 [ Jay... i YS'kl y �.._ iY�Ary a. E E F .,.. m -m ff �3 1 a II Wy OWE. r oT marl; -- WPM,, f3 y .* t .� � i�� �� L �. I�' `' ' i±.a - . . ....1 . �1 � A' }: �, � i�� �� �� -. 71 �:� I �- 1 + 1 � _� i '� :� .d � :r �: 11YII �� -. 71 �:� I �- 1 + 1 �i I 5 I f ft _ _ _ _ :� —� _nf__ IrI I III � ,r t" ���. �� ��� � WRITA=1 Ell- � I �- X;l llmiv ii I alII a �, ,fi -,� .��= IN 0 1 R-- MO. u 1, 44,114 ���.: �I E , = I � Louta h J. 4� OWN IE roM Mill II I� tzmai _ -U S 7777-- i 4 M +'� a_ 4 71m; �4 sae sm ik i NOW 4 .. rm_ A it E ti. T DEC -1 ITEM NO.� CITY OF BALDWIN PARK STAFF REPORT [U BALDWIN P A � R, K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer Joseph W. Pannone, City Attorney 9 DATE: December 1, 2010 SUBJECT: AN ORDINANCE OF THE CITY OF BALDWIN PARK RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS AND RESOLUTION NO. 2010 -053 RESCINDING RESOLUTION NO. 2002 -018 RELATING TO THE SAME SUBJECT MATTER UUMEMA This report recommends the City Council discuss the matter and introduce for first reading Ordinance No. 1347 relating to rules of decorum for the Council and public during Council meetings and adopt Resolution No. 2010 -053, which rescinds Resolution No. 2002 -018 which relates to the same subject. BACKGROUND AND DISCUSSION From time to time, the City Council and some residents have expressed concern about the manner in which some members of the public at times address the Council during Council meetings. That concern was reiterated at your November 17, 2010, meeting after comments were made by a member of the public personally attacking the Mayor. Based on that, the city attorney was requested to prepare a set of rules for conduct at Council meetings. The staff understands the Council's goals are to ensure the public's business is conducted with the respect and dignity it deserves, as well as to protect each Council Member's and the public's right to express themselves and provide input to the City Council on matters of importance to the community, however staff believes that this should be done in a professional manner. With the above goals in mind, Staff reviewed the Council's current rules of decorum and those of other communities. As a result of that review, the city attorney has prepared for Council consideration an ordinance which will amend the Baldwin Park Municipal Code (BPMC) to add a Chapter 39 to establish a set of rules all those attending a Council meeting must follow. The proposed rules Ordinance No. 1347 & Resolution 2010 -053 Staff Report Page 2 balance each individual's First Amendment rights and the requirements of the Brown Act to afford a reasonable opportunity for members of the public to speak and address the City Council with the Council's authority and responsibility to conduct the public's business in a civil and respectful matter. By including the rules in the BPMC it will have the force of law. The resolution being proposed will rescind the Council's current rules of decorum at Council meetings. FISCAL IMPACT Staff does not anticipate the recommended actions affecting the City's finances. However, if legal actions are needed to enforce the decorum rules, then that would add an unknown expense. 1a*K01IviI►yiiARf7_MLVLg Staff recommends 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 RESCINDING RESOLUTION NO. 2002 -018 RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS" and waive further reading, read by title only and introduce for first reading Ordinance No. 1347, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 39 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RULES DECORUM AT COUNCIL MEETINGS." ATTACHMENTS • Resolution No. 2002 -018 • Proposed Ordinance No. 1347 • Proposed Resolution No. 2010 -053 9 RESOLUTION NO. 2002 -018 A RESOLUTION OF THE CITY OF BALDWIN PARK ESTABLISHING RULES OF CONDUCT FOR PUBLIC PARTICIPATION AT CITY COUNCIL AND OTHER PUBLIC MEETINGS WHEREAS, the City Council desires to make reasonable rules to govern the manner in which the public participates at its City Council Meetings and other public meetings of the City's boards, commissions, committees or other agencies created by formal action of the City Council; and WHEREAS, the City Council desires to require persons who address the City Council and members of the au �dien�ce of a public meeting to do so in an orderly and respectful manner; and WHEREAS, the City Council desires to establish regulations governing the possession of signs, banners or placards brought into City Council and other public meetings; and WHEREAS, the City Council establishes this policy in an effort to foster and encourage an individual's ability to communicate with the City Council and the community, as well as to protect public safety; and WHEREAS, the City Council shall enforce this policy equally as to all persons participating in public meetings, and shall do so in a manner that does not consider the content of a person's speech or message. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The City Council finds that reasonable rules are necessary to govern the manner in which the public participates at its City Council Meetings and other public meetings of the City's boards, commissions, committees or other agencies created by formal action of the City Council in order to ensure the effective and efficient conduct of City public meetings. SECTION 2. The City Council finds that it is a detriment to the public meeting process to have persons addressing the City Council or members of the audience acting in a disrespectful, disorderly, threatening, or abusive manner. SECTION 3. The City Council finds that the regulation of the possession of signs, banners or placards within public meetings will protect the rights of each member of the audience by prohibiting obstructions to others. In addition, numerous signs with wooden or plastic supports in the confines of the Council chambers or other enclosed area could constitute a safety hazard. Resolution 2002-018 Page 2 SECTION 4. The City Council hereby determines that the regulations set forth herein shall not reference the content of the speech, shall be applied uniformly to all persons, and shall not limit a person's means of communications outside of a public meeting. SECTION 5. Based on these findings, the City Council hereby establishes its Rules of Conduct for public meetings, as set forth in Exhibit "A," attached hereto and incorporated herein. SECTION 6. The policy established by this resolution shall be effective immediately. SECTION 7. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner renuired by r 002. law: PASSED, ADOPTED, AND APPROVED this 6th day e 1AOZANO,MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK 1, Rosemary M. Ramirez, deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duty and regularly approved and adopted by the City Council of the city of Baldwin Park at its regular meeting of the City Council held on February 6, 2002, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS.- ABSTAIN: COLACLLWMBERS: ROSEMARY K4. RAMIJEZ, CMC CHIEF DEPUTY CITMLERK Bill Van Cleave, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tem Linda Gair and Mayor Manuel Lozano None Z= None C EXHIBIT W RULES OF CONDUCT FOR PUBLIC MEETINGS Meetings of the City Council and its boards, commissions or committees shall be conducted in an orderly and respectful manner to ensure that the public has a full opportunity to be heard and that the deliberative process is retained at all times. The presiding officer of the meeting shall be responsible for maintaining the order and decorum of meetings. 1. Persons Addressing the Council. Each person who addresses the City Council or its boards, commissions or committees shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the City Council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any public meeting shall, at the discretion of the presiding officer or a majority of the members, be barred from further participation during that meeting. 0 2. Members of the Audience. No person in the audience at a public meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb or otherwise impede the orderly conduct of any public meeting. 3. Possession of Signs or Banners. Signs, banners or placards may be carried or held at public meetings subject to the following limitations. Signs, banners or placards may be held or carried but shall not be affixed to any wooden, plastic or other type of support. Nor shall the signs, banners or placards themselves be constructed of any hard material such as wood, hard plastic or metal. No signs, banners or placards shall be draped or affixed to any City property. 4. Enforcement. All persons determined to be in violation of these rules may be excluded or expelled from a meeting where a disturbance has been created which will not allow the meeting to continue unimpeded. ORDINANCE NO. 1347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 39 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Baldwin Park Municipal Code is hereby amended by adding a new Chapter 39 thereto to read in its entirety as follows: Chapter 39 DECORUM AT COUNCIL MEETINGS § 39.01 Decorum and Order, Council and Staff (A) Only Council Members, designated City staff, and those authorized by the presiding officer of the meeting, City Council or Chief Executive Officer are permitted to sit on the dais or to be within the rail in the front of the Council Chamber. (B) While the Council is in session, the Council Members and City staff shall preserve appropriate order and decorum. No person, by conversation or otherwise, shall delay or interrupt the proceedings or the peace of the Council, disturb any speaker, or refuse to obey the directives of the presiding officer of the meeting. All persons must refrain from rude, boisterous, profane, abusive, disruptive, demeaning, and unprofessional behavior. (C) Staff members are encouraged to present their reports as concisely as possible. Staff should assume Council Members have studied all agenda packet information and, therefore, require only brief summation by staff speakers. Because the official meeting record will contain the entire staff submittal and copies of reports are available to the public, verbatim reading of staff reports is not required and is strongly discouraged. § 39.02 Decorum and Order, Audience (A) Members of the public attending Council meetings must observe the same rules of order and decorum applicable to the Council Members and City staff. No person shall make any impertinent, slanderous, or profane remarks or become rude, boisterous, abusive, disruptive, demeaning, profane, or unprofessional while attending the Council meeting; and if a person does, then that person may be removed from the meeting room and be barred from further audience at the meeting in question. Unauthorized remarks from the audience, heckling, stamping of feet, 01067/0001/79324.1 whistles, yells, applause, and similar demonstrations should not be permitted by the presiding officer of the meeting. (B) The presiding officer of the meeting may order the meeting room cleared and Council may continue in session if the meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting infeasible without removal of individuals who are willfully disrupting the meeting. In these cases, only matters appearing on the agenda may be considered. Representatives of the press or other news media, except those participating in the disturbance, and individuals not responsible for disturbance of the orderly conduct of the meeting, will be allowed to remain at the meeting or may be readmitted. (A) Addressing the Council: Subject to compliance with rules of order and decorum, members of the public have an absolute right to address the Council at open meetings during oral communications segments of the agenda, subject to reasonable time constraints imposed by the presiding officer or a majority of Council Members present. Restricting speakers to the subject at hand and proper decorum is Constitutionally permitted. (B) Manner of Addressing Council: At the appropriate time, any person wishing to address the Council should stand, proceed to the lectern and wait to be recognized by the presiding officer of the meeting. After being recognized, the speaker should state his /her name and place of residence for the record. The speaker should address comments only to the Council from the lectern. (1) All remarks and questions should be addressed to the Council as a whole and not to any specific Council Member, staff, the audience, or the media. No question should be asked of a Council Member or staff member without first obtaining permission from the presiding officer of the meeting. (2) Comments should be fundamentally impersonal: the subject of the debate is the issue, not any of its proponents or opponents. A motion and its consequences may be attacked vigorously, but speakers should not attack the motives, character, or personality of a member, speaker, or any other person, either directly or by implication or innuendo, improper language, irrelevancy, dilatory tactics, rude behavior or disorderly conduct, including, but not limited to, use of signs or other means to disrupt the meeting. Notwithstanding the foregoing, no speaker will be censured or prohibited from speaking based upon the content of his /her remarks, but may be removed from the meeting if the presiding officer of the meeting or a majority of the Council Members determines the speaker is out of order pursuant to this Chapter. (C) Time Limitation: Every member of the public addressing the Council shall limit his /her remarks to a maximum of three (3) minutes during all speaking opportunities; provided, that comment shall not exceed two minutes per speaker during oral communications just prior to adjournment. When large numbers of persons wish to speak, the presiding officer of the meeting may announce a reduction of the speaking time allotted to each person so all persons wishing to speak may do so. (1) Each person normally is allowed only one opportunity to comment on each item of business or during oral communications. When any group wishes to address the Council on the same subject, it is appropriate for the presiding officer of the meeting to request a spokesperson be chosen to represent the group to avoid redundancy. (2) No express time limits are imposed on any appellant or respondent during quasi - judicial proceedings (i.e., appeals, statutorily required public hearings, and other proceedings involving due process rights such as appeals of land use decisions and denials of business license applications); however, the presiding officer of the meeting may limit repetitive presentations and curtail irrelevant remarks. § 39..04 Enforcement of Decorum The Police Chief, or other member of the Police Department designated by the Chief, serves as Sergeant -at -Arms of the Council and may attend meetings at the request of the presiding officer of the meeting or the Chief Executive Officer. The Sergeant -at -Arms will be available to serve at all meetings immediately upon call, and will carry out all lawful orders given by the presiding officer of the meeting or Council for the purpose of maintaining order and decorum at meetings. § 39.05 Failure to Observe Rules of Order (A) The failure to observe such rules strictly does not affect the jurisdiction of the Council or invalidate any action taken at a meeting that otherwise conforms to applicable law. Any member may move to require the presiding officer of the meeting to enforce the rules, and the affirmative vote of a majority of the members present will require him /her to do so. (B) The failure of any person to observe any requirement of this Chapter or lawful order of the presiding officer or Sergeant -at -Arms is punishable pursuant to Sections 10.98 and 10.99 of this Code. SECTION 2. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published or posted in a manner prescribed by law. PASSED AND APPROVED ON THE _ day of 2010 MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I 1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 1 2010. That there after said Ordinance 1347 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK RESOLUTION NO. 2010-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESCINDING RESOLUTION NO. 2002-018 RELATING TO RULES OF DECORUM WHEREAS, at its meeting of December 1, 2010, the City Council introduced Ordinance No. 1347 which would amend the Baldwin Park Municipal Code to add a chapter to codify rules of decorum for Council meetings; WHEREAS, it is anticipated ordinance will have a second reading and adopted on December 15, 2010, and become effective 30 days afterwards; WHEREAS, by Resolution No. 2002-018, the City Council previously adopted rules of decorum for Council meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. As of the effective date of Ordinance No. 1347, Resolution No. 2002-018 shall be rescinded and of no further force and effect. Section 3. 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 day of 7 2010. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, 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 thereof held on the day of _, 2010 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CIVIC DEPUTY CITY CLERK i LL/JJJJ DEC °i ITEM NO.� CITY OF BALDWIN PARK STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Laura M. Nieto, CMC, Deputy City Cler ` DATE: December 1, 2010 SUBJECT: REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE PERSONNEL COMMISSION tC_nntirued from November 17, ?i)�l0) IZ1JNlol+y� 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 these 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. 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 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 ending June 30. 2011 New Applicants Previous two-year Applicants Socorro V. Dantic Ofelia de Guzman Benson T. Lien Nabor (Gilbert) Padilla Paul S.Lopez Edward J. Martinez Karla Angulo-Tovar R E C 0 '1011*01 E ND AT 10 I'M' 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 "A" — Resolution No. 2010-046 Attachment "B" —Commission Applications Attachment "A" � Wme m 0 reml] 1 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 appointed two ter staggered d [Danis; and members are appv ^�� �«,d t� a two-year term of i a si�yye� �u oasis, 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 / 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 — Office 2 — BARRY LU Office 3 — Office 4 — Office 5 — for the term expiring June 30, 2012 for the term expiring June 30, 2012 for the term expiring June 30, 2011 for the term expiring June 30, 2011 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. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, 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) PLEASE ATTACH A CITY OF BALD WIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION Y. A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: 0 - /V/V, i 5z C' OR1111 5* (A separate application is required for each commission) PERSONAL INFORMATION: Name Residence Address 60,�ZkIC- 57- 1-_'A�k Iq 1706 Length Address: E-mail 77705-0da-c—D-a-01 of time at this address: Home Phone No.(&, Cell/Message Phone No4Li2tLe 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 and/or agency within the City of Baldwin Park? /Vto If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 (DO 11 12 High School Graduate? 2f.7� G.E.D.? Name and Location of College or University Course of Study Degree OF- 4AV /Z //'Z A CCF) aIVr7 IV'6 EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment 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. ", ca &2/4-2 aio 49� 'Name ,owm. Address 7Phone No. (714) 9-S-0 - 0 CAI-1 - 15? -1-3 -3 37 -0 9 74, 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? ✓Vo If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICERTIFICATION: 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 true a)p correct. Date Signature Do Not Write B61ow this Line - For City Use Only Residency verification: E/1 Yes ❑ No Date: 10111 ) 10 Voter Registration Verification: &/ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 1:1 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 foa| will be beneficial to the Council in consideration of your appointment to this commission. C-&,ce ' ~ -I �� ��A,t.'—' d'Wza4j �W*ml- tl Date: ture Notice: Please be advised that you and your, qualifications may be discussed by the City Council at an open This Application and Statement of Qualification will bekept on file for two (2) years, During this time, should 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 ho provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A ' CITY OF BALDWIN PARK CURRENT COPY OF E ._ A UTILITY BILL AND APPLICATION FOR CITY COMMISSION A COPY OF YOUR And �i PHOTO ID STATEMENT OF QUALIFICATIONS_ APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate annlication is required for each commission) PERSONAL INFORMATION: Residence Add N MIA ` i i � id Length of time at this Address: i E -mail address: Home Phone No. 9i` Cell /Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? 1 Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? 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 ?elffloM I'II b. •D•? EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Em to er s Position I itle uares or cm Iu rnern 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? V If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the lawsAf'Jhe State of California that the foregoing is true and rect. Date Sign tore k -tW �o 1, b ltelBlowhls -Line Residency verification: E/ Yes ❑ No Date: 1010/_ Voter Registration Verification: 0Yes ❑ 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. re, a) Ae -'i zm 4vtk-� +1 C, ;. e 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 ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID CITY OF PARK APPLICATION And STATEMENT OF APPLICATION IS FOR THE FOLLOWING COMMISSION: rP erSOnn A se crate application is required for each commission PERSONAL INFORMATION: Name Paul S. Lopez Residence Address 3725 Ardilla Ave Length of time at this Address: 10 years E -mail address: pauIlopez.email @gmaiLCom Home Phone No. 626 -893 -0018 Cell /Message Phone No. same Are you 18 years of age or older? Yes 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: CM 1!' A T1r%k1 "W V VA I VM Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12' High School Graduate? Yes G.E.D.? Name and Location of College or University Course of Study Degree Mount San Antonio Comm. College General - Managment None - Mgmt. Cert I EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment P.K. Schrieffer LLP Paralegal Supervisor Dec. 1, 2000 - Present La Follette, Johnson, et. al. Clerk 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 A 626-373-2444 Ex t. 2 (Work) 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 - 05/96, El Monte; ACKNOWLEDGEMENT /CERTIFICATION: 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 and c e October 7, 2010 Date Signature Do Not V Od' Belo'" this Line - For City Use Only- Residency verification: '® Yes ❑ No Date: 10 III 110 Voter Registration Verification: eYes ❑ No Residency verification: El Yes El No Date: Appointment date: Residency verification: 11 Yes ❑ No Date: Term expires: Name Paul . LOpeZ Commission Requested: STATEMENT OF QUALIFICATIONS: Personnel Commission 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. 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 LLP, 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 77 2010 Signature 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 app ointment, your application will be included in the pool of applicants provi ded 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 A UTILITY BILL AND APPLICATION FOR CITY COMMJSS!QNp'�'J1'!1, U'' A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS= .11-MMIMISSION' APPLICATION IS FOR THE FOLLOWING COMMISSION: ',TPE�S?�Nf i; -" + (A senarate anplication is rectuired for each commission) Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you, completed: 1 2 3 4 5 6 7 8 9 10 11 C2) High -School Graduate? G.E.D.? EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provid-e 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/fine received: ACKNOWLEDGEMENUCERTIFICATION: 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 tryqand correct. C? Date Signature Do Not Write Below this Line - For Citv Use Only Residency verification: [V Yes E]No Date: 10111110 Voter Registration Verification: 4 Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires: 1100- 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: ACKNOWLEDGEMENUCERTIFICATION: 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 tryqand correct. C? Date Signature Do Not Write Below this Line - For Citv Use Only Residency verification: [V Yes E]No Date: 10111110 Voter Registration Verification: 4 Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires: Name �.� � � Commission Requested: POY-'50)In4—J 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. w, � r M-A- 0 0 Date:/ ignature 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 ATTACH -A- CITY OF BALDWIN- PARK CURRENT COPY- OF A UTILITY BILL AND APPLICATION- FOR CITY COMMISSION And 0, -ATEMENT OFi QUALIFICATIONS-' MZ1 PHOTO-11) APPLICATION -IS- FOR -THE FOLLOWING-COMMISSION: PERSONNEL COMM:ISS`ION- (A-seDarate-auDlication- is- required -for-each commissian) F - 7 R 4 PERSONAL INFORMATION: I Name &t( Residence Address ICA"' _V--Q CA Length of time at this Address: °'' "E -mail address: 5"k-"Zi tv\'s-yi cu'vv\ Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park ?-'-k Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? L) If yes, -name of agency and position: EDUCATION: School Graduate? Circle Highest grade you corripleted, 1 2 3 4 5 6 7 8 9 10 11 High G.E.D.? �Q/A- Name and Location of College or University Course of Study Degree V001 C"A t kell r_(L EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment V fat it _Wy1ACP_ A 0 LIN qm'vc 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. CC V6- 9-) G S1 1ko - '_ C:- 1 A , ls� 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 dtEN'661KIVIdTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION'S If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under perju under the laws of the State of California that the foregoing is tru and rrect Date gnature Do Not Write Below this Line - For City Use Onl� Residency verification: M` Yes EINo Date: 011I)I() Voter Registration Verification: VYes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires; 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 Park since I was a child. I've seen how much my city has evolved in the past 26 years. I recently became a mother. I know that I plan on raising my child in Baldwin Park. As a mother, I hope to set an example for my child as well as other residents. So I decided to pursue something that's always interested me. I believe holding an Office for the Personnel Commission would help me learn more about the cities policies and procedures and hopefully help me gain the knowledge and make the right connections that maybe one day would help me become a City Council Member. I have been in the entertainment business for the past 5 years. I've been a Morning News Producer, News Writer and most recently a Promotions Specialist. I enjoy 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. I got into Journalism in hopes of changing one's perceptions and opening their eyes up to the occurrences in our world. I enioy working in the news industry 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 --c-Q�.-IAO T Date:- 7L kignature 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- 841 -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, June 2005 EXPERIENCE 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. Identify 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. Strategize 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. Freelance 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, timed 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. BEA 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. • High level of organizational skills. • Excellent verbal and written communication skills. • Able to coordinate and develop multiple projects. • Computer literate, Internet savvy, Xerox, fax, Dictaphone & PBX switchboard. + Microsoft office, Word, Power Point, Excel, Strata SBMS & INEWS. • Quark Express, Adobe Photoshop, spreadsheet training & data entry. PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID 01 �­ /'�­> '­", 1, rIlq gl�:Z: L !"'F 11�'l t, , 7 [ CITY OF BALD IN PARK APPLICATION FOR CITY COMMISSION J0,q(a'0' APR 3 0 no'() And STATEMENT OF QUALIFICATIONS PERSONNEL CaMMI APPLICATION IS FOR THE FOLLOWING COMMISSION: --I- JJ4 sepafai4e applit'at U), la O G UlA CU No vw v,. .. 111Z PERSONAL INFORMATION: Name_ Residence Address STS ------------- Length of time at this Address: E-mall address: C Home Phone Cell /Message h o n a o, --- _� Are you 18 years of age or older? V Are you registered to vote In the City of Baldwin Park? /Vc) Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E,D. ? Name and Location of College or Universi �. Course of Stud Degree y EMPLOYMENT INFORMATION / EXPERIENCE: Name and Addres�f_Emolo er s Position — Title -,_— Dates of Emoloyment Rxi V ? -7 "3 z C6 e" Zj 0 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. -Phone —No.— _7 Name a Address T' _ -,p - , -. `?, 5- • __-2 - q 3 2— 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: AG KNOWLED GEMENT/CERTI FIG /),Tlo N: 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 Chat the foregoing is true and correct. Date S" ,mature Residency verification: ❑ ❑ Yes Z Z"No D Date:a1qfd'7 V Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to |i»| 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. � `�-� " ~-- �� ��o�~ ---- - � Data 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 Ne for two (2) years. During this time, should 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 firnle of said recruitment, Failure to provide current proof of residency with each recruitment, will invalidate this application. (Melia de Guzman 4942 Stewart Avenue Baldwin Park, CA 91706 (626) 962-2628 Career Obiective: To secure a position in general accounting with a firm that offers long-term growth opportunities. PROFESSIONAL EXPERIENCE Surface Protection Industries, Inc. 3440 E 14"' Street, Los Angeles, CA 90023. �cl. 1998 -,"I)c'2007.- Position: Accounts Payable Super-visor. a Assist in the preparation and completion of annual audit. 0 Organize monthly closing including Journal Entries preparation. 0 Account Reconciliations. 0 Maintain cash flow plan. a Interface with vendors. 0 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, V 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. 0 Assisted the CFO with preparation of monthly financial statements, V Assisted in the preparation and completion of annual audit. 6 Organized monthly closing including Journal Entries preparation. 0 Account Reconciliations. & Maintain cash flow plan, 0 Interface with vendors. 0 Interface with intercompany staff for invoice input and control. 0 Accounts payable invoice entry, matching, control. 0 Maintain vendor master file data in correct and current status. 0 Suggested procedure changes to improve department performance, 1981 - 1990: RoQs1tion--. Accounts Payable Supervisor. a Supervised and evaluated the performance of five staff members. a Responsible in selection and training of new hires. 0 Maintain cash flow plan. 0 Interface with vendors. ® Interface with intercompany staff- for invoice input and control. Accounts payable invoice entry, matching, control. 0 Maintain vendor master file data in correct and current status. 0 Suggested procedure changes to improve department performance. Moskatel's Inc., 718 S. Wall Street, Los Angeles, CA 90014 1980 - 1981: Position: Accounting Supervisor. C) Supervised and evaluated the performance of three staff members. ® Responsible in selection and training of new hires. 0 Insured. that all functions in the Accounting Department are being performed in accordance with established procedures. 0 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. a interface with vendors. 0 Accounts payable invoice entry, matching, control. 0 Maintain vendor master file data in correct and current status, Wallich's Music City, Sunset and Vine,ftollywood, CA 1976 - 1977: Position: Accounts Receivable. 0 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. ® Verification of pricing, proof of deliveries, shortages and freight claims. 0 Other general office and accounting functions as required. SPECIAT., QUALIFFICA'rIONS S Extensive experience in office management and all accounting functions with the ability to operate all standard office equipment. 0 Ability to learn new methods and procedures rapidly, 0 Highly motivated, results oriented regardless of obstacles. a A demonstrated records of achievements. 0 Personal qualities include dependability, initiative, drive and ability to work independently, ability to get along well with people. 0 Extensive experience with computer associates RRMS package on AS400 in Accounts Payable along with other -accounting functions. 0 Ability to operate standard office equipment. ® Familiar with various computer programs, Excel, Lotus 1-2-3 and Client Access. EDUCATION College Degree in Bachelor of Science in Elernentary Education, Philippines Normal College, Manila. Citrus College; Accounting I and Accounting 11. Computer Classes, various management and accounting seminars. SALARY % Negotiable REFERENCES ® Furnished upon request. R °.EASE ATTACH A CITY` CF ALDWIN PAR � �.. E CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND Ana ��� �. 4 ?40 � A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATION PERSONNEL ,g3pC�ill��t(�hi�, { =1�t� -`� APPLICATION IS FOR THE FOLLOWING COMMISSION: - � (A separate application is required for each commission) PERSONAL INFORMATIONS � k � � �� Name 1 -a — — —� r— --- — Residence Address_ _z e C ac -- ___._ - - -- Length of time at this Address: y E -rnail address Nome Phone No. �, -- Cell/Message Phone No._r_ - - -- Are you 18 years of age or older? I Are you registered to vote in the City of Baldwin Park ?. Do you currently serve as an elected r appointed official for any board and/or agency vv!thin the City of Baldwin Park? y _ ------ If yes, name of agency and position: - EDUCATION: Circle Highest grade you completed: 1 2 3 G4 5 6 7 8 9 10 11 E2/' High School Graduate? N EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employers Position Title — vales U1 r_1 nu U lc l Ir Date: S11�f yAddress c"p� ❑ Yes ❑ No �',f�__ REFERENCES: Please provide the names of two persons, who are not City of Bald i Park lected or Appointed O ci!ls arid who can comment on your capabilities and character. Name _- _f --gp_ _ Nhone No.} Date: S11�f yAddress c"p� ❑ Yes ❑ No �',f�__ 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? jq_D' If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENTICERTIFICA- ION: I understand that upon filing, this application becomes blic record. I certify under penalty of perjury under the laws of the Sta of Califon that the foregoing Is tru nd a rrect. 9 Date Signature Residency verificatiert Yes ❑1 No Date: S11�f Voter Registration Verification: � Yes 11 NTo Residency verification: ❑ Yes ❑ No Date: _ -__ _____ Appointment date: _ Residency verification: ❑ Yes ❑ No Date: �-� Terni p _ s _ - ----- - - - - -- - - - - - -- Commission Requested: .vom / ,/ ' 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 fuo| will be beneficial hzthe Council |n consideration of your appointment (o this commission. 0- �= »n —J ' 0 4/ � .�� N kw] -; --- � 9 Date: 10-09 � Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement ofQualification will be kept on file for two (2) years. During this thne, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be/nu/udrd/nb4epuo/ufapp//oentuprov/dedhow/cver, that you submit current proof of residency a( the time of said recruitment. Failure bz provide current proof nf residency with each recruitment, will invalidate this mpp//na//bn, /TOWN., A , A r- December 2010 " r COUNCIL CHAMBER 4 A Ann r Pacific llf+I+ j E. Pacific: venue Baldwin Park, CA 91706 (626) 960 -4011 BALDWIN Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Marlen Garcia - Member Monica Garcia - Member Susan Rubio - Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS 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. e 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 terra 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 Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Community Development Commission Agenda — December 1, 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 (31) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate andlor schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comisi6N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algClna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes c, preguntas hechas por personas; o 2) Dirigir personal a investigar y/o f#ar asuntos para tomar en consideraci6n enjuntas 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. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of November 17, 2010 (special and regular.) 3. CONCEPTUAL APPROVAL FOR THE INSTALLATION OF THREE (3) THROUGH- WALL ATM MACHINES TO A COMMERCIAL BUILDING AND TWO NEW PARKING LOT LIGHT POLES RELATED TO A PROPOSED FINANCIAL INSTITUTION TO BE LOCATED IN THE BALDWIN PARK MARKETPLACE COMMERCIAL CENTER WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA; CASE NO. PR 10-11; LOCATION: 14460 MERCED AVENUE, SUITE 130; APPLICANT: BRETT MARCHI, REPRESENTING WELLS FARGO BANK Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 457 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE INSTALLATION OF THREE ATM MACHINES AND TWO PARKING LOT LIGHT Community Development Commission Agenda — December 1, 2010 LPage 2.j, POLES RELATED TO A PROPOSED FINANCIAL INSTITUTION LOCATED WITHIN THE FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); APPLICANT: BRETT MARCHI, REPRESENTING WELLS FARGO BANK; LOCATION: 14460 MERCED AVENUE, SUITE #130; CASE NO.: PR 10-11." 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 24 th day of November, 2010. /f 0 W 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, 2 nd 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 Inietogbaidwinpark.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 11) Community Development Commission Agenda — December 1, 2010 Page 3 COMMUNITY DEVELUNIVIEN I COMMISSION AGENDA D .e,ef 1f 11 2010 Item No. rp• p1qpEllii 1 • . 1 • • 1 [ C REPORT: CHECKREG GENERATED: 15 APR 09 11:44 RUN: MONDAY NOV222010 09:30 PAGE 3 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13231 - 13231 CHECK BANK CHECK # CHECK AMT _CHECK DATE VENDOR # ADDRS # VENDOR NAME STATUS WO # AMOUNT G/L ACCT # DESCRIPTION INVOICE # INV VEND -------------- -- - - - - ----- - ------------------------------------------------------------------------------------------------------- 2 13231 $34.21 11 /10 /10 08933 0 HONG TAM 34.21 806 -20- 210 - 53350- 14470 -2 PER DIEM 11/12- 11/14/2010 CSMFO 11/12 TOTAL # OF ISSUED CHECKS: 1 TOTAL AMOUNT: 34.21 TOTAL # OF VOIDED /REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT.: 0.00 TOTAL # OF UNISSUED CHECKS: 0 CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION MINUTES COMMISSION AGENDA DeCC'hl DCr 1 2010 Item No. WEDNESDAY, NOVEMBER 17, 2010 6:00 p.m. City Hall - Room 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor / Chair Ricardo Pacheco, Mayor Pro Tern / Vice Chair Marlen Garcia, Monica Garcia, Susan Rubio Councilmembers / 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 Present: Council Member / Member Monica Garcia, Council Member / Member Rubio, Mayor Pro Tern / Vice Chair Pacheco, Mayor / Chair Lozano. Absent: Council Member / Member Marlen Garcia. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS 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 The Council / Commission reconvened in open session at 7:00 p.m., leaving the closed session in recess until the conclusion of the regular meeting REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:00 p.m. Approved as presented by the Council / Commission at their meetings held December 1, 2010. Laura M. Nieto, CMC Deputy City Clerk CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES 17, 2010 7 :00 p.m. COUNCIL 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor /Chair Ricardo Pacheco, Mayor Pro Tem /Vice Chair Marlen 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 Present: Member Monica Garcia, Member Rubio, Vice Chair Pacheco, Chair Lozano. Absent: Member Marlen Garcia. 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 CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Monica Garcia. 1. MINUTES Commission approved the minutes of the November 3, 2010 meetings (special and regular) and the November 8, 2010 meeting (special.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:54 p.m. Approved as presented by the Commission at their meeting held December 1, KIKII Laura M. Nieto, CIVIC Deputy City Clerk Illu �� BALDWIN P - A • R - K CITY OF BALMN PARK COMMUNITY DEVELOPMENT COMMISSION AGENDA ev l . 1 , 2010 Item No. STAFF REPORT TO: Honorable Chairman and Commission Board Members FROM: Marc Castagnola, AICP, Community Development Mana DATE: December 1, 2010 SUBJECT: Conceptual approval by the Community Development Commission for the installation of three (3) through -wall ATM machines to a commercial building and two new parking lot light poles related to a proposed financial institution to be located in the Baldwin Park Marketplace Commercial Center within the FC, Freeway Commercial Zone (Sierra Vista Redevelopment Project Area) (Case No.: PR 10 -11; Location: 14460 Merced Avenue, Suite 130; Applicant: Brett Marchi, representing Wells Fargo Bank). PURPOSE This item is before you for conceptual approval only. If the Agency Board approves this project in concept, the applicant must still obtain all necessary City permits, approvals and /or entitlements, as they apply in proceeding with the project development. This report requests conceptual approval by the Community Development Commission for the installation of three (3) through -wall mounted ATM machines on a storefront of existing building and two new parking lot light poles within the Baldwin Park Marketplace. The property is located within the Sierra Vista Redevelopment Project Area and the Redevelopment Plan for that area requires that any new construction be reviewed and conceptually approved by the Community Development Commission prior to the issuance of any building permits. Staff has determined that this case is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15301 (Class 1 — Existing Facilities) of the CEQA guidelines. No further analysis is required. SUBJECT PROPERTY AND SURROUNDING LAND USES Table #1 below, identifies the adjacent properties zoning designation and land uses next to the subject parcel. Conceptual Approval December 1, 2010 Page 2 TABLE #1 Adjacent Property Location Zoning Property Use North C2 Office /Commercial Uses South FC(SV) WalMart Store East FC SV} Pad D- Panda Express West FC(SV) I Pad B — Farmer Boys TheT4an (' ®rte ®r21 Dl.,ra la­ I ien A irrri�4inn r f +he ci 1k nr-� nrl?perty is General Commercial and e Ge iv: ui Plan i la iaa --- Uesl-ag a's—. a JaA i.r�v .. �.+ o. y :.+ -vas:: : :::.. the property is consistently zoned F -C (SV), Freeway Commercial Sierra Vista Overlay. Overall, the triangular shopping center is approximately 24 acres. The specific building location is a perimeter pad (Pad C) located adjacent to the center's primary entrance on Merced Avenue. DISCUSSION The applicant, Brett Marchi, representing Wells Fargo Bank, is requesting approval for the installation of three (3) through -wall ATM machines to an existing commercial building and two new parking lot light poles related to a proposed financial institution to be located in the Baldwin Park Marketplace Commercial Center. The subject property (Pad C) is one of several pads located along Merced Avenue which contains a total of 7,000 square feet of floor area. The proposed bank facility will only occupy a total of 4,469 square feet (reference site plan Exhibit "A "). The remaining unit of the building will be occupied by a cell phone retail store. According to the floor plan and elevations, which were submitted on October 14, 2010 for Design Review, the proposed ATM machines will be installed along the storefront facing the parking lot as shown of elevations and floor plan. The remodeling of the storefront will include the installation of three (3) ATM machines, one (1) night depository box, new storefront windows and one storefront door as the main entrance to the facility. The ATM machines will provide additional automated banking services during and after regular business hours. Additionally, as indicated on the submitted site plan two new light poles will provide a 60' radius illumination for added ATM security lighting. The two light fixtures will match existing units in the parking lot of the commercial center. The proposed change will not affect the number of available on -site parking spaces required for the facility as the site provides more than the minimum required amount of on -site parking spaces. Upon successful completion of the CDC approval, the project will require a request for conditional use permit to allow financial institution within the FC(SV), Freeway Commercial Sierra Vista Overlay Zone pursuant to 153.152 (D) of the City's Municipal code. Additionally, the City's Police Department has reviewed the request and has provided security measures which will be considered as part of the conditional use permit request should conceptual approval be granted. Conceptual Approval December 1, 2010 Page 3 It is staff's opinion that the proposed remodeling of the storefront fagade and the addition of three (3) ATM machines along the front meet the intent of the adopted design guidelines of the Sierra Vista Redevelopment Project. The proposed stucco finish and color will match existing building. RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution No: 457 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE INSTALLATION OF THREE ATM MACHINES AND TWO PARKING LOT LIGHT POLES RELATED TO A PROPOSED FINANCIAL INSTITUTION LOCATED WITHIN THE FREEWAY COMMERCIAL ZONE (SIERRA VISTA KEDEVELOPIVIENT PROJECT AREA) (APPLICANT: BRE T T MARCH!, REPRESENTING WELLS FARGO BANK; LOCATION: 14460 MERCED AVENUE, SUITE #130; CASE NO.: PR 10 -11)" FINDINGS OF FACT That the proposed improvements will be compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan and the design proposed by the Agency in that the proposal provides aesthetic treatments to the elevations such as decorative storefront doors and is in conformance with the adopted Design Guidelines for the Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area and the City's Zoning requirements; and 2. That the proposed improvements will not require any modification in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Design Guidelines for the Sierra Vista Redevelopment Project Area; and 3. That the Applicant has not entered into an agreement with the Agency for the development of said improvements. ATTACHMENTS • #1 - Vicinity Map • #2 - Site Plan and Elevations • #3 —Resolution No: 457 REPORT PREPARED BY: Jorge Zarza, Assistant Planne T y ■ t®' ■ 0 mono S'T ■T•' M t OP' PLANNIN Vi d ni i DIVISIO Map N CASE NO.: PR10 -11 ADDRESS: 14460 Merced Avenue, Suite 130 DATE: December 1, 2010 Not to Scale J c) D� C t' g sus g 3 }�I I� �'jl,; r 1 4 CM ------ ------- LU w LU PI, Vc dn r-� O ,�!. € tt � 5 7 3 ppv ¢ lu�i i FF � az{ i��� ��f � i � ( i _ � � � � � � i I_ r . 1 . . . . ..... .... .... . ........... - --r 0-11 4z4 L.] O 'lot NJ LU ----- 7r z Uil go fill 9 !11 R. ■ 104 1- - � a * RESOLUTION NO. 457 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE INSTALLATION OF THREE ATM MACHINES AND TWO PARKING LOT LIGHT POLES RELATED TO A PROPOSED FINANCIAL INSTITUTION LOCATED WITHIN THE FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA) (APPLICANT: BRETT MARCHI, REPRESENTING WELLS FARGO BANK; ++ LOCATION: 14460 MERCED AVENUE, SUI I _ I V, VP% U_ rqu PR IV' I ) WHEREAS, the property described herein is located within the Sierra Vista Redevelopment Project Area and the Redevelopment Plan requires that any new construction be reviewed and conceptually approved by the Community Development Commission prior to the issuance of any building permits; and WHEREAS, an application ( "Application ") for Design Review was submitted on behalf of the owners of certain real property, located at 14460 Merced Avenue, Suite 130 within the Baldwin Park Marketplace Commercial Center in the City of Baldwin Park; and WHEREAS, the Design Review Application is requesting conceptual approval to allow the installation of three (3) through -wall mounted ATM machines on a storefront of existing building and two new parking lot light poles within the Baldwin Park Marketplace Center, pursuant to the Sierra Vista Redevelopment Plan. THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Community Development Commission of the City of Baldwin Park does hereby find, determines, and declare as follows: a) That an application for Design Review was submitted on behalf of the owners of certain real property, located at 14460 Merced Avenue, Suite 130 in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division; and b) That the Design Review application is requesting conceptual approval to allow the installation of three (3) through -wall mounted ATM machines on a storefront of existing building and two new parking lot light poles within the Baldwin Park Marketplace Center, pursuant to the Sierra Vista Redevelopment Project Area Plan; and Resolution 457 Page 2 c) That on December 1, 2010, the Community Development Commission, based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the properties, it was determined that the facts as required by the Sierra Vista Redevelopment Plan, for the granting of such approvals are present and that the Design Review proposal should be conceptually approved. SECTION 2. That the Design Review proposal, as herein described by and the same hereby is approved subject to the following findings. (a) That the proposed improvements will be compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan and the design proposed by the Commission in that the proposal provides aesthetic treatments to the elevations such as decorative storefront doors and is in conformance with the adopted Design Guidelines for the Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area and the City's Zoning requirements; and (b) That the proposed improvements will not require any modification in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Design Guidelines for the Sierra Vista Redevelopment Project Area; and d) That That the Applicant has not entered into an agreement with the Commission for the development of said improvements. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Executive Director and the Secretary of the Commission and the Applicant. PASSED AND APPROVED this 1 st day of December 2010. MANUEL LOZANO, CHAIR Resolution 457 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) 1, Laura M. Nieto, CIVIC, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 457 was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting thereof, held on December 1, 2010 by the following vote: NOES: MEMBER: 0.1 a M Laura M. Nieto, CIVIC Deputy City Clerk