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.
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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.
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pgen to (-I? e :.-r; �!' €,n ., _s��.. �` ��.f .-., ff'a
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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.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
RECOMMENDATION:
Receive and File
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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.
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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.
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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
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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
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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
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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
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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)
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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
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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
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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
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Map
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CASE NO.: PR10 -11
ADDRESS: 14460 Merced Avenue, Suite 130
DATE: December 1, 2010
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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