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HomeMy WebLinkAbout2008 10 01AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 1, 2008 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Anthony J. Bejarano Marlen Garcia Monica Garcia Ricardo Pacheco Mayor y Mayor Pro Tern Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse at Concilio o cualquiera otra de sus Agenclas nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencies, podra hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 94403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Marlon Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tom Anthony J. Bejarano and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutes sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a metros que exista alguna emergencia o circunstancia especial, El cuerpo legislative y su personal podran: 1) Responder brevemente a declaracibnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar on consideracion en juntas proximas. [Codigo de Gobierno §54954.21 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. PROPOSED RECOGNITIONS FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH OCTOBER 14, 2008 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 September 17, 2008 meetings (special and regular,) City Council Agenda — October 1, 2008 Page 2 4. CLAIM REJECTIONS Staff recommends City Council reject the claims of Anita Herrera, Baudelio Ortega, Eulogio Acevedo and Manuel Acevedo and direct staff to send the appropriate notice of rejection to the claimants. 5. CITY TREASURERS REPORT - AUGUST 2008 Staff recommends City Council receive and file the report. 6. BIENNIAL CONFLICT OF INTEREST CODE Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -063 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE ". 7. LETTER IN SUPPORT OF PROPOSED LEGISLATION - THE RAIL COLLISION PREVENTION ACT Staff recommends City Council authorize staff to send a letter to United States Senators Dianne Feinstein and Barbara Boxer declaring its support of proposed legislation - The Rail Collision Prevention Act. 8. 2nd READING OF ORDINANCE NO. 1321 Staff recommends City Council waive further reading read by title only and adopt on second reading, Ordinance No. 1321 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LICENSING OF TOBACCO RETAILERS." 9. PROPOSED REFINANCING OF 2002 CERTIFICATE OF PARTICIPATION (STREET IMPROVEMENT PROGRAM) Related Item #1 on Finance Authority agenda Staff recommends City Council (i) provide authorization to proceed with the proposed conversion of the 2002 Certificates of Participation to a fixed rate financing with Bank of The West; and (ii) authorize the Chief Executive Officer to engage consultants Jones Hall and Fieldman Rolapp & Associates, and Morrison and Forrester and US Bank to serve as Bond Counsel and Financial Advisor, Private placement Counsel and Trustee respectively, for the not -to- exceed amount of $51,250 and authorize the Chief Executive Officer to execute the agreements and all required legal documents; and (iii) waive further reading, read by title only and adopt Resolution No. 2008 -064 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS." CITY COUNCIL 1 CITY CLERK / CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT City Council Agenda — October 1, 2008 Page 3 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 25th day of September 2008. Laura M. Nieto 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 "d 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. 108 or 626.960 -4011, ext. 466 or via e-mail at rgutierrez@baldwinl)ark.com or Inieto _.baidwinipark.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 — October 1, 2008 Page 4 BALDWIN P A•R,K TO: FROM: DATE: SUBJECT: CITYOFBALDWIN PARK CITY COUNCIL AGENDA OCT - 1 2008 SfAF,- REPORT Honorable Mayor and Members of the City Council Rose Tam, Assistant Accounting Manager October 1, 2008 Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND and DISCUSSION: The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 179519 - 179612 Inclusive, voids: 179519, 179521, 179535. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 015681 — 015939 for the period of August 24, 2008 through September 06, 2008 inclusive, have been presented and hereby ratified, in the amount of $440,245.66. General Warrants, including check numbers 171096 to 171306 inclusive, in the total amount of $658,515.17 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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REQUESTS/RECAP The following emergency requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared Sy: Rosa Caballero, Administrative Clerk 11 Time /Date /Place of Date Needed Requested By List of Honorees Presentation Councilmember Kaiser Permanente &30am1October 18, 2008 Plaque Marlen Garcia Educational Outreach Courtyard by Marriott, BP 08 -18 -08 Program RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared Sy: Rosa Caballero, Administrative Clerk 11 CITY OF BALDWIN PARK CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MINUTES CITY COUNCIL AGENDA OCT - 1 2008 dwe WEDNESDAY, SEFWOE 17, 2008 6:00 p.m. Council Chamber 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council member/Member Marlen Garcia, Council member/Member Monica Garcia, Council member/Member Pacheco, Mayor Pro Tem/Vice Chair Bejarano, Mayor /Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, City Clerk Rubio, Deputy City Clerk Nieto. Council member/Member Pacheco arrived at 6:52 p.m. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Community Development Manager 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) A) Agency Negotiators: Vijay Singhal, Chief Executive Officer Employee Organization(s): Police Management Employee Association, Community Development Manager B) Agency Negotiators: Vijay Singhal, Chief Executive Officer & Manuel Lozano, Mayor Employee Organization(s): Executive Team Page 1 of 2 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 12911, 12999, 13135 and 13329 Garvey Avenue; 13100 Dalewood Street Agency Negotiators: Vijay Singhal and Joseph Pannone Negotiating Parties: Regency Outdoor Advertising Under Negotiation: Terms and conditions for encroachment into the public right - of -way 4. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Pannone reported that direction was given. Nothing futher to report. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council I Commission at their meetings held October 1, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 17, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Mayor Pro Tem Bejarano PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Council woman Marlen Garcia requested that the meeting adjourned in memory of Kaiser Employee, Beverly Mosley. City Treasurer Contreras closed in memory of Gladys Cannon ROLL CALL Present: Council member Marlen Garcia, Council member Monica Garcia, Council member Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS * Proclamation proclaiming September 22nd as Family Day in the city of Baldwin Park Proclamation will be mailed Page 1 of 8 PUBLIC COMMUNICATIONS Charlie Contreras inquired about the action taken on the closed session item related to billboards. City Attorney Pannone reported that direction was given. Jorge Morales representing Supervisor Gloria Molina's office read a letter from the Supervisor expressing her support of the tobacco retail licensing ordinance Bob Benbow, Baldwin Park Historical Society announced that the museum has a new display of the commemorative coin given to the city from the Sister City Thomas Carey, resident spoke about the tobacco ordinance and other issues such as the recent Metrolink accident and the financial situation Magda Torrellas, resident commented about statements made at prior meetings that she said were personal attacks. Expressed her support of the Council Greg Tuttle, business owner stated that he supported various organizations within the city. He further commented about his meeting with the Chief of Police and Item #13 on the City Council agenda. Andrew Morales Miramontes, resident thanked those who have expressed their support of him and addressed the comments made by speaker Tuttle at a previous meeting. Craig Cook, resident and D.C. Corp employee addressed the statements of speaker Tuttle and the innuendos that were made regarding bribery of the City Council. He also commented about the projects that his company had in Baldwin Park. Ken Woods, resident & business owner expressed his support of redevelopment but not for Bisno Development and that the proposed project would not benefit the majority of the residents of the city of Baldwin Park. He also addressed the water issues related to the proposed redevelopment project. Public Communications were closed at 7:30 pm CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item #10 Moved by Mayor Lozano, seconded by Council member Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. MINUTES City Council approved the minutes of the September 3, 2008 meeting (regular.) 3. 2nd READING OF ORDINANCE NO. 1322 Page 2 of 8 City Council waived further reading, read by title only and adopted on second reading Ordinance No 1322 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 133.01 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO REGISTERED SEX OFFENDERS." 4. PROPOSED INCREASE FOR EXISTING ENTITLEMENT APPLICATION FEES IN THE COMMUNITY DEVELOPMENT DEPARTMENT City Council waned further reading, read by title only and adopted Resolution No. 2008 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE SETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PLANNING DIVISION." 5. APPROVAL TO PURCHASE VEHICLES AND APPROPRIATION OF FUNDS City Council: 1) (i) found and determined that it would be uneconomical to follow the City's existing purchasing procedures since the vehicles are available at lower prices if purchased through an existing contract with the County (ii) that the public welfare would be promoted by dispensing with the purchasing procedures; and 2) waived formal bidding procedures and authorized staff to utilize the Los Angeles County bid for the purchase of three (3) Toyota Prius Hybrid vehicles; and 3) Authorized the Assistant Finance Manager to appropriate $84,193 from fund 231 Revenue Account 231.40.000.41400.00000.2 to Expenditure Account Fleet Services 60.621.58110.00000.2. 6. APPROVAL OF A LICENSE AGREEMENT WITH T- MOBILE FOR THE INSTALLATION AND OPERATION OF WIRELESS COMMUNICATION FACILITY LOCATED WITHIN THE HILDA SOLIS PARK (LOCATION: 15010 BADILLO STREET; APPLICANT: LUCIA ORTEGA, REPRESENTING T- MOBILE; CASE NO. PR 07 -50) City Council approved the License Agreement with T- Mobile and authorized the Chief Executive Officer to finalize and execute the Agreement. 7. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES - CHRISTIANSEN AMUSEMENTS City Council approved the agreement and authorized the Mayor to execute the necessary documents. 8. APPROVAL OF A LICENSE AGREEMENT FOR WALGREEN CO. TO USE A PORTION OF RAMONA BOULEVARD FOR LANDSCAPING AND PARKING PURPOSES City Council approved a license agreement with Walgreen Co. (property owner,) authorized the Mayor to execute the Agreement and authorized the Director of Page 3 of 8 Public Works to enforce the terms of the agreement. 9. TRANSIT FEASIBILITY STUDY FOR THE MID - VALLEY TRANSPORTATION CORRIDOR City Council authorized staff to support the Transit Feasibility Study and to allocate $7,000 from the unallocated Proposition C Fund (Fund 118.) 11. RELEASE OF A PORTION OF THE CITY YARD LOCATED AT 13135 E. GARVEY AVENUE FROM LEASE TO FINANCING AUTHORITY DUE TO ACQUISITION BY CALTRANS (Related Item on Finance Authority Consent Calendar Agenda) City Council waived further reading, read by title only and adopted Resolution No. 2008 -058 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE RELEASE OF CERTAIN PROPERTY RELATED TO CERTIFICATES OF PARTICIPATION (ENERGY CONSERVATION AND RETROFIT FINANCING PROGRAM) DUE TO THE THREAT OF EMINENT DOMAIN AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH" and released said portion of the property located at 13135 East Garvey Avenue subject to the financing lease due to eminent domain award from CalTrans. The following item was pulled by Mayor Pro Tem Bejarano for further discussion: 10. REQUEST FOR A RATE INCREASE BY SOUTHLAND TRANSIT INC., FOR FUEL COSTS Mayor Pro Tem Bejarano requested that the contract being negotiated to have the option to re- negotiate the fuel costs if the city were to go to alternative fuel sources. Council member Pacheco inquired about the impact to the riders of the transit buses. Director Galvez stated that he believed that the service would be improved. CEO Singhal stated that the rates for the riders would not be impacted by the increase in fuel costs. Motion: Approve the request by Southland Transit for an increase to the service hour fee in the amount of $40.53 for FY 2007 -08 and $43.09 for FY 2008 -09 respectively, for the purpose of offsetting the increase in fuel costs. Moved by Mayor Pro Tem Bejarano, seconded by Mayor Lozano. SET MATTERS - PUBLIC HEARINGS 12. PUBLIC HEARING TO CONSIDER A RESOLUTION IN SUPPORT AND APPROVAL OF AN APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Chief Hadsell presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest the public Page 4 of 8 hearing was closed Motion: Waive further reading, read by title only and adopt Resolution No. 2008 -052 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXPRESSING SUPPORT FOR AND APPROVING THE APPLICATION Moved by Mayor Lozano, seconded by Council member Pacheco. 13. PUBLIC HEARING TO CONSIDER A MODIFICATION TO A PREVIOUSLY APPROVED DEVELOPMENT PLAN AND TENTATIVE TRACT MAP TO ELIMINATE CONDITIONS OF APPROVAL RELATING TO PROVIDING A HOMEOWNERS ASSOCIATION (HOA) AND COVENANTS, CONDITIONS AND RESTRICTION (CC &Rs) AS A REQUIREMENT FOR THE DEVELOPMENT OF A 16 -UNIT SINGLE - FAMILY RESIDENTIAL PLANNED DEVELOPMENT - A RELATED REQUEST IS FOR ACCEPTANCE OF A STREET DEDICATION BY THE CITY OF A SUBSTANDARD PRIVATE CUL -DE -SAC STREET FOR PUBLIC PURPOSE; CASE NO.: DR -32 AND TM- 61345; LOCATION: 3940- 3948 WALNUT STREET; APPLICANT: D.C. CORPORATION (Continued from September 3, 2008) Associate Planner Lopez presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition OPPOSITION: Ken Woods, resident stated that D.C. Corp should take care of the expenses related to this project. Thomas Carey, resident expressed his support of Option #2 Cruz Baca Sembello, resident commented about parking citywide. Inquired about street parking being reduced. Associate Planner Lopez stated that the curb was painted red. Residents parked in their driveways or garages. Greg Tuttle, business owner expressed his opposition to the matter and that the responsibility was on the developer. FAVOR: Thomas Carey, resident inquired about the red curb on the cul -de -sac. Expressed his opposition to the HOA and his desire to see the street open. Craig Cook, D.C. Corp & resident explained that the red curb was required by the Fire Department for access. He further addressed that the parking would not be impacted. The CC & R's would still exist. Requested removal of the HOA, CC &R's to remain intact. Shared that feedback received indicated that prospective buyers do not want to pay into an association when there were no amenities Seeing no further interest, the public hearing was closed. Council member Page 5 of 8 Monica Garcia expressed her support of Option #2. Inquired if the applicant was willing to go through an assessment. David Cook, representing DC Corp explained that the burden would be on the homeowners. Expressed that an assessment would basically be the same as the maintaining the CC & Rs. Council member Pacheco suggested that staff re- evaluate. Mayor Pro Tern Bejarano expressed that the applicant had been attempting to mitigate the matter but felt that the same conclusion may be reached. Mayor Lozano stated that there may have been a possible third option. Council member Marlen Garcia concurred that she would like for staff to re- evaluate. Associate Planner Lopez advised that a possible third option was not discussed. Applicant David Cook explained that they did not own all of the property. Mayor Pro Tern Bejarano addressed the one -time and ongoing cost and requested that staff look into passing that cost onto the developer Council member Monica Garcia requested that staff advise the Council if there have been any revenues generated by these properties and could they possibly offset the expenses Motion: Table Moved by Council member Pacheco, seconded by Mayor Lozano. 14. PUBLIC HEARING TO CONSIDER APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; APPROVAL OF AN AMENDMENT TO THE CITY'S MUNICIPAL CODE MODIFYING THE DEFINITION OF A DEPARTMENT STORE AND APPROVAL OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A FINANCIAL INSTITUTION WITHIN AN EXISTING WAL -MART DEPARTMENT STORE BUILDING (APPLICANT: E -1 FINANCIAL CREDIT UNION; LOCATION: 3250 BIG DALTON AVENUE; CASE NO.: AZC -161 AND CP -750) City Planner Harbin presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. OPPOSITION Thomas Carey, resident expressed that he felt there were too many businesses in the establishment already. Leslie Bito, resident expressed her opposition to the project. Encouraged the Council to place pressure on Wal Mart to treat their employees better FAVOR Magda Torrellas, resident expressed her support of the credit union being in Baldwin Park Alison Wong on behalf of E1 Credit Union provided background on the credit Page 6 of 8 union and the benefits it would bring to the city Seeing no further interest, the public hearing was closed. Council member Monica Garcia encouraged the credit union to be a vested member of the community, should the matter be approved. Mayor Pro Tem Bejarano echoed speaker Torrellas' sentiments regarding the benefits of a credit union and also expressed concern regarding the impact on traffic. City Planner Harbin advised that the traffic study was conducted by an outside firm and that it reflected that there would be no impact on traffic. In response to an inquiry from Council member Marten Garcia staff advised that existing E1 Credit Union facilities are both free- standing and inside of retail establishments. Council member Monica Garcia inquired how many non- WalMart sites were there currently. City Planner Harbin stated that there were four. Council member Monica Garcia expressed her concern regarding the number being increased. Council member Pacheco expressed concern about consistency and the number of stores in WalMart and the possiblitity of having them in another site. Council member Monica Garcia requested that the permissible number of additional retail establishments inside of department stores be amended from six to five. Mayor Pro Tem Bejarano inquired if the number could be based on square footage. He felt that a department store the size of WalMart was not comparable to one such as Target. Motion: Direct staff to bring an amended report to the City Council which incorporates the requests of Mayor Pro Tem Bejarano and Council member Monica Garcia Moved by Mayor Lozano, seconded by Council member Monica Garcia. REPORTS OF OFFICERS 15. ORDINANCE ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS Associate Planner Lopez presented the report. Beverly, outreach coordinator for CIPA spoke about the benefits of this ordinance. Debra Levi shared the success of a similar ordinance in the city of Burbank. Motion: Waive further reading, read by title only and introduce for first reading, Ordinance No. 1321 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY BALDWIN PARK, CALIFORNIA, ADDING CHAPTER Page 7 of 8 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS; APPLICANT: CITY OF BALDWIN PARK Moved by Mayor Lozano, seconded by Council member Marlen Garcia. Council member Pacheco read the petition related to this matter, expressed his support of the ordinance and the movement and commended the students for their hard work. Council member Monica Garcia acknowledged the students for their patience and commended them for taking leadership roles in their community and encouraged them to continue. Mayor Lozano announced that the 2nd reading would be on October 1 st. Council member Marlen Garcia thanked the students for their attendance and acknowledged their efforts and the efforts of the group. She encouraged them to keep up the good work 16. CITY CLERKS CERTIFICATION OF SIGNATURES SUBMITTED IN SUPPORT OF AN INITIATIVE FOR POLICE SALARIES City Clerk Rubio presented the report. Motion: Order the Chief Executive Officer to prepare a report as described in California Elections Code Section 9212 and direct the City Attorney to prepare a legal analysis relating to the initiative. Moved by Mayor Lozano, seconded by Mayor Pro Tem Bejarano. CITY COUNCIL/ CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS NONE ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Beverly Mosley and Gladys Cannon at 8:55 p.m. Approved as presented by the Council at their meeting held October 1, 2008, Laura M. Nieto Deputy City Clerk Page 8 of 8 CITY OF DALDWIN PARK CITY COUNCIL AGENDA OCT - t zoos ITEM NO. - A__. AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members FROM: Shama P. Curian, Sr. Human Resources Analyst DATE: September 24, 2008 SUBJECT: Claim Rejection PURPOSE 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. RECOMMENDATION Staff recommends City Council reject the claims of Baudelio Ortega, Eulogio Acevedo, Mauneil Acevedo and subrogation claim made by Allstate Insurance on behalf of Anita Herrera and direct staff to send the appropriate notices of rejection to claimants. Attachment(s) Claim filed by: • Baudelio Ortega, Eulogio Acevedo, Manuel Acevedo — DOL: 3115108 • Herrera, Anita (Subrogation Demand) — DOL: 2111108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 K. Christopher Ghahreman (SBN: 174360) LAW OFFICES OF K. CHRISTOPHER GHAHREMAN 1999 Avenue of the Stars Ste. 1100 Los Angeles, CA 90067 Telephone: (310) 356 -4671 Fax: (310) 356 -4674 Attorney for Claimants BAUDELIO ORTEGA EULOGIO ACEVEDO MANUELACEVEDO CLAIMS AGAINST GOVERNMENT ENTITIES FOR INJURIES AND DAMAGES ( "GOVERNMENT CLAIM ") BAUDELIO ORTEGA, EULOGIO ACEVEDO, MANUEL ACEVEDO, Claimants, vs. CITY OF BALDWIN PARK; BALDWIN PARK POLICE DEPARTMENT; AND DOES 1 THROUGH 100, INCLUSIVE Defendants, CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS [Govt. Code, Sec. 910, et seq.] TO THE RESPONDENT GOVERNMENT ENTITIES AND INDIVIDUALS: THE CITY OF BALDWIN PARK; BALDWIN PARK POLICE DEPARTMENT; and DOES 1 through 100 inclusive: Page 1 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS 1 2 3 4 5 6 7 8 9 10 11 12 13 1,4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 YOU ARE HEREBY NOTIFIED that pursuant to California's Government Code, Sec. 910, et seq., the Claimants listed below, each present claims for personal and economic injuries and damages to each and every Respondent: THE CITY OF BALDWIN PARK; BALDWIN PARK POLICE DEPARTMENT, and DOES 1 through 100, inclusive. 1. THE NAME AND POST OFFICE ADDRESS OF THE CLAIMANTS: Please be sure to send all correspondence intended for each Claimant, listed below, only to his attorney of record, K. Christopher Ghahreman, Esq. at the Law Offices of K. Christopher Ghahreman, at 1999 Avenue of the Stars, Ste. 1100, Los Angeles, CA 90067. Claimants are the following persons who reside at the following addresses: BAUDELIO ORTEGA: 8358 Tamarind Ave., Fontana, CA; EULOGIO ACEVEDO: 3419 Feather Avenue, Baldwin Park, CA; MANUEL ACEVEDO: 3419 Feather Avenue, Baldwin Park, CA. 2. THE POST OFFICE ADDRESS TO WHICH THE PERSONS PRESENTING THE CLAIMS DESIRE NOTICES TO BE SENT: Please send all correspondence or communications intended for each and every Claimant only to his/her/its attorney of record: Kyan Christopher Ghahreman, Esq. LAW OFFICES OF K. CHRISTOPHER GHAHREMAN 1999 Avenue of the Stars, Ste. 1100 Page 2 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS 1 2 3 4 5 6 7 a 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Los Angeles, California 90067 Telephone; (310) 356 -4671; Fax: (310) 356 -4674 3. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM(S) ASSERTED: The subject claims against government entities and individuals involve injuries and damages to Claimants which stem from the illegal, improper and wrongful use of force by members of the Baldwin Park Police Department against each and every Claimant herein mentioned that occurred at or near 3419 Feather Avenue, Baldwin Park, California 91706 on March 15, 2008. On said date of March 15, 2008, employees, agents, servants and the CITY OF BALDWIN PARK, namely members of the Baldwin Park Police Department (hereinafter "BPPD "), a department and entity, and arm belonging to and controlled by THE CITY OF BALDWIN PARK (hereinafter "CBP "), in the course and scope of their employment and agency, wrongfully and without proper cause or reason battered, assaulted, wrongfully arrested, and negligently and/or intentionally inflicted injury and damages on each and every Claimant referenced above in the course of Baldwin Park Police Officers' contact and/or questioning of Claimants at 3419 Feather Avenue, Baldwin Park, CA on On March 15, 2008. Just before their arrests, the Claimants were at a party at a private residence, and were at all relevant times, conducting themselves appropriately and lawfully. The police arrived on the scene, allegedly in response to a "loud party ". Respondents CBP i and BPPD officers also wrongfully punished, detained, and /or confined some, or all of the Page 3 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS r 1 Claimants referenced above even though said Claimants were lawfully exercising their 2 rights to assemble, free speech, to pursue happiness and were otherwise conducting legal 3 and appropriate activities. 4 5 The true and full nature and extent of all Claimants' injuries are not presently known 6 to Claimants. As a direct result of the negligent, intentional and wrongful conduct of the 7 Respondents and their police officers and agents, and each of them, the above referenced 8 Claimants have sustained general and specific damages, which include, but are not limited s to: humiliation, emotional distress, pain and suffering, bodily injury, loss of earnings, loss 10 11 of consortium, society and companionship, economic damages, attorneys' fees, 12 deprivation of civil rights and other special damages to be fully set forth at trial. Claimants 13 also have claims for negligent infliction of emotional distress based on Dillon v. Legg (1968) 14 68 Cal.2d 728. 15 Based on the forgoing facts and circumstances surrounding Claimants' injuries and 16 17 damages, Claimants are informed and believe that CBP, BPPD and DOES 1 through 100, 18 inclusive, negligently hired, controlled, trained, supervised and managed their employees, 19 contractors, agents and associates involved in the investigation, handling, contact with, 20 arrest, detention, custody, control, supervision, and care of Claimants. Claimants make 21 claims and anticipate suing each respondent for such negligent hiring, control, training, 22 23 supervision and management of subordinates and contractors. 24 The conduct of the Respondents was so egregious so as to amount to an 25 intentional and actual violation of Claimants' civil rights. 26 27 28 Page 4 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 Claimants also have causes of action against the Respondents, and each of them, and their individual agents and employees for violation of Claimants' civil rights pursuant to the Federal Civil Rights Act (42 USC, Sec. 1983). Additional facts, circumstances and names of some witnesses and /or participants are contained in the police reports prepared by BPPD officer(s) on or about March 15, 2008 under the Case Number DR08T08466. 4. A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM: As a direct and legal consequence of the intentional, negligent, tortuous and wrongful actions and omissions of CBP, BPPD and its officers and agents, and DOES 1 through 100, inclusive, Claimants have sustained general and specific damages, which include, but are not limited to: bodily injuries, humiliation, emotional distress, pain and suffering, past and future medical expenses, loss of earnings and earning capacity, economic damage to Claimants, attorneys' fees and costs and deprivation of civil rights, as well as other special damages sustained by Claimants. Claimants seek and will seek all attorneys' fees and litigation costs for bringing forth these claims and any lawsuit. 111 Page 5 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES I CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN: Claimants are informed and believe that the following Baldwin Park Police officers were involved in the subject incident: Officers J. Honeycutt; Mendez; and E. Tapia. Other officers who may be belligerents or witnesses in the subject arrest and wrongful conduct are: McAvoy, Gamboa, Mercado, Ogas, Lt. Reynoso, and Sergeants Parnell, Adams, and Findley. There may be other individuals or entities who have caused injuries or damages to the Claimants. Their identities are currently unknown at the present time. Investigation and research are continuing. Additional facts, circumstances and names of some witnesses and /or participants are contained in the police reports prepared by BPPD officer(s) on or about March 15, 2008 under the Case Number DR08- 08466. 6. THE AMOUNT CLAIMED IF IT TOTALS LESS THAN TEN THOUSAND DOLLARS ($10,000.00) AS OF THE DATE OF PRESENTATION OF THE CLAIM, INCLUDING THE ESTIMATED AMOUNT OF ANY PROSPECTIVE INJURY, DAMAGE, OR LOSS, INSOFAR AS IT MAY BE KNOWN AT TIME OF PRESENTATION OF THE CLAIM, TOGETHER WITH THE BASIS OF COMPUTATION OF THE AMOUNT CLAIMED. IF THE AMOUNT CLAIMED EXCEEDS TEN THOUSAND DOLLARS ($10,000.00), NO DOLLAR AMOUNT SHALL BE INCLUDED IN THE CLAIM. HOWEVER, IT SHALL INDICATE WHETHER THE CLAIM WOULD BE A LIMITED CIVIL CASE: Page 6 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES 13� CLAIMANTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is the evaluation of Claimants' attorney that jurisdiction for the above referenced claims will rest with the Superior Court of the State of California. Moreover, the amount of damages incurred and claimed by each Claimant referenced above against Respondents far exceeds Ten Thousand Dollars ($10,000.00). Therefore, each Claimant's claims would not be classified as a "limited [jurisdiction] civil" case. The Claimants' claims and lawsuit will be filed with the Superior Court of "unlimited" jurisdiction, DATED: September 12, 2008 LAW OFFICES OF K. CH ISTOPHER GHAHR MAN K. Christopher Gh reman Attorney for Clai ants BAUDELIO ORTEGA, EULOGIO ACEVEDO, MANUEL ACEVEDO. Page 7 CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (1013A, 2015.5 C,C.P.) am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within entitled action; my business address is 1999 Avenue of the Stars, Ste. 1100, Los Angeles, CA 90067. 1 am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in ordinary course of business. On September 14, 2008, 1 served the foregoing document: ** See attached list of documents served on the following interested parties: ** See attached service list (XX) (BY MAIL) I placed a true copy of said document in a sealed envelope, addressed as stated on the attached "service list. I caused such envelope with postage thereon fully prepaid at my place of business to be placed in the United States mail at Los Angeles, California. ( ) (BY PERSONAL SERVICE) I caused such document to be delivered by hand via messenger to the addressee or its /his /her authorized agent or associate. ( ) (BY FACSIMILE) On the interested parties in this action by Facsimile (XX) (STATE) 1 declare under penalty of perjury under the law of the State of California that the above is true and correct. ( ) (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Dated: September 14, 2008 K. Christopher Gha eman Page 1 PROOF OF SERVICE 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 DOCUMENTS SERVED 1. CLAIMS AGAINST GOVERNMENT ENTITIES AND INDIVIDUALS FOR INJURIES AND DAMAGES BY CLAIMANTS SERVICE LIST OFFICE OF THE CITY CLERK CITY OF BALDWIN PARK 14403 East Pacific Ave., Baldwin Park, CA 91706 BALDWIN PARK POLICE DEPARTMENT 14403 Pacific Avenue Baldwin Park, CA 91706 Page 2 PROOF OF SERVICE I� WAllsfatb- You're Sn good hands. ALLSTATE INDEMNITY COMPANY P. D. BOX 168288 IRVING TX 75016 (800) 374 -4246 CITY OF BALDWIN PARK 14403 E PACIFIC AVE BALDWIN PARK CA 91706 JUL 21 � t' 07/14/08 OUR INVESTIGATION INDICATES THAT YOUR INSURED WAS RESPONSIBLE FOR THIS LOSS. SINCE WE HAVE ALREADY MADE A SETTLEMENT WITH OUR POLICYHOLDERV THE CLAIM HAS BEEN ASSIGNED TO US. COPIES OF THE FINAL PAPERS RELATING TO THE LOSS ARE ENCLOSED. PLEASE ACCEPT THIS LETTER AS NOTICE OF OUR SUBROGATION CLAIM. PLEASE FORWARD YOUR PAYMENT WITH OUR CLAIM NUMBER TO: ALLSTATE PAYMENT PROCESSING CENTER P.O. BOX 227257 DALLAS9 TX, 75222 -7257 DIRECT ANY OTHER CORRESPONDENCE TO THE ADDRESS AT THE TOP OF THIS LETTER. SINCERELYi CUSTOMER SERVICE ALLSTATE INDEMNITY COMPANY YOUR FILE ND. : GUS MARTINEZ YOUR INSURED : CITY OF BALDWIN PARK ADDRESS : 14403 E PACIFIC AVE BALDWIN PARK CA 91706 OUR CLAIM NO. 1676392985 FY5 OUR INSURED ANITA HERRERA LOSS DATE 02/11/08 LOCATION S GARVEY? SOUTH GARVIE, UNKNOWN 1 AMOUNT OF LOSS $11,457.62 BALDWIN PARK CA CBP:G CITY COUNCIL AGENDA 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 December and several depositslwlthdrawals 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. Approved banal off�++ ell6s acting Sr. Accountant ,l CITY OF BALDWIN PARK TREASURER'S REPORT August 31, 2008 IE C - 1 2008 OCT Q AMW ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 2.78% Varies Varies 13,220,077.97 13,220,077.97 13,220,077.97 13,220,077.97 Community Develop, Comm. 2.78% Varies Varies 9,031,803.98 9,031,803.98 9,0311,803.96 9,031,80198 Housing Authority 2.78% Varies Varies 3,197,334.92 3,197,334.92 3,197,334.92 3,197,334.92 25,449,216.87 25,449,216.87 25,449,216,87 25,449,216.87 Fiscal Agent Funds - City Varies Varies Varies 4,242,611.95 4,242,611.95 4,242,611.95 4,242,611.95 Fiscal Agent Funds - CDC Varies Varies Varies 2,470,720.79 2,470,720.79 2,470,720.79 2,470,720.79 $ 32,162,549.61 $ 32,162,549.61 6,713,332,74 $ 32,162,549.61 Total Investments $ 32,162,549.61 Cash City General Checking 1,798,489.12 City Miscellaneous Cash 1,211.56 Comm. Develop, Comm. 0.00 Housing Authority 273,985.87 Financing Authority 0.00 Total Cash 2,073,686.55 Total Cash and Investments $ 34,236,236.16 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 December and several depositslwlthdrawals 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. Approved banal off�++ ell6s acting Sr. Accountant ,l Iql, BALDWIN P- A, R, K CITY OF BALDWIN PARK TO: Honorable Mayor and City Councilmembers FROM: Rosemary M. Gutierrez, Chief Deputy City Cle DATE: October 1, 2008 CITY COUNCIL AGENDA OCT. 1 2008 ITEM NO. STAFF REPORT SUBJECT: Adopt Resolution amending the City of Baldwin Park's Biennial Conflict of Interest Code PURPOSE This report requests the City Council to adopt a Resolution amending the City of Baldwin Park's Conflict of Interest Code. BACKGROUND The city's Conflict of Interest Code designates positions required to file Statements of Economic Interests (Form 700. Under the Political Reform Act, public agencies are required to review their conflict -of- interest code bi- annually to determine if it is accurate and up -to- date and/or if it needs to be amended. DISCUSSION Since the last review, the City has added, deleted and/or changed some employees' classification titles. It is therefore required that the City amend its Conflict of Interest Code to reflect its current structure; otherwise, certain designated positions will not be properly required to file a Form 700. These changes have been incorporated as an exhibit to the proposed resolution. FISCAL IMPACT None. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008 -063 entitled, "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE ". ATTACHMENT a Resolution No. 2008 -063 RESOLUTION NO. 2008 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) (hereinafter the "PRA") requires the City to adopt and maintain a Conflict of Interest Code; and WHEREAS, the PRA further requires the City to conduct biennial reviews of its Conflict of Interest Code and to make any changes necessary to comply with the requirements of the PRA; and WHEREAS, the City previously amended its conflict of Interest Code by adopting Resolution No. 2006 -054 on October 4, 2006; and WHEREAS, the City has conducted its current biennial review as required by Government Code Section 87306 and determined that changed circumstances necessitate an amendment to the Conflict of Interest Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Baldwin Park's Conflict of Interest Code, as previously amended by Resolution No. 2006 -054 is hereby amended in its entirety including Exhibit "A" attached hereto. All persons listed on Exhibit "A" hereto shall disclose all information required by Form 700, Statement of Economic Interests prepared by the Fair Political Practices Commission of the State of California, or such other form as may be substituted thereof from time to time. SECTION 2. The City Clerk shall certify to the adoption of this resolution and forward a copy to each department secretary. PASSED, APPROVED AND ADOPTED this 15t day of October, 2008. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Baldwin Park held on the 1$t day of October, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK Resolution 2008 -083 Page 2 of the City of Baldwin Park, do and regularly approved and at a regular meeting thereof, Resolution 2008 -063 Page 3 EXHIBIT "A" The persons in the following positions are deemed to be designated employees within the meaning of Government Code §82019 of the Conflict of Interest Code. These persons shall file disclosure statements pursuant to Form 700: ADMINISTRATION City Clerk Chief Deputy City Clerk Deputy City Clerk Human Resource Manager Information Systems Supervisor Management Analyst COMMUNITY DEVELOPMENT DEPARTMENT Associate Planner Building Official /Supervising Plan Check Engineer City Planner Community Development Manager Housing Manager Redevelopment Project Manager Senior Redevelopment Project Coordinator FINANCE DEPARTMENT Accounting Manager Finance Director Senior Accountant POLICE DEPARTMENT Captain Chief of Police Lieutenant PUBLIC WORKS DEPARTMENT Assistant Director of Public Works Assistant Engineer Associate Engineer Director of Public Works Public Works Supervisor Resolution 2008 -063 Page 4 RECREATION DEPARTMENT Director of Recreation & Community Services Program Coordinator Program Supervisor Operations Supervisor Note: City Council, Chief Executive Officer, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to GC §87200 et. seq. CONSULTANTS Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Chief Executive Officer shall determine in writing if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements. The Chief Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. LLLLLLI CITY COUNCIL AGENDA OCT - l 2008 ITEM NO.-- 1- P , A, R ' K CITY OF BALDWIN PARK STAFF REPORT TO: Honorable Mayor and Members of the City ?uncil FROM: Vijay Singhal, Chief Executive Officer DATE: October 1, 2008 SUBJECT: LETTER IN SUPPORT OF PROPOSED LEGISLATION — THE RAIL COLLISION PREVENTION ACT PURPOSE The purpose of this report is to request City Council approval of a letter in support of the proposed legislation by Senators Dianne Feinstein and Barbara Boxer, The Rail Collision Prevention Act. BACKGROUND On Wednesday, September 17, 2008, Councilmember Marlen Garcia requested to submit for Council consideration, authorization to send a letter in support of Senator Feinstein and Boxer's proposed legislation - The Rail Collision Prevention Act. DISCUSSION On Friday, September 12, 2008, a Metrolink commuter train carrying 225 passengers during the evening rush hour collided with a Union Pacific freight train in Chatsworth, California. Tragically, 26 people were confirmed dead in the accident and another 138 were injured, 40 of those critically. Since Baldwin Park is a city with a Metrolink stop in the community, the passage of the proposed legislation is a priority because a positive tram control system, which is designated to avoid collisions, would be required to be in place on all passenger rail lines by December 31, 2014. It is imperative that legislation be approved so that no other community should have to experience such a terrible tragedy. RECOMMENDATION Staff recommends City Council authorize staff to send a letter to United States Senators Dianne Feinstein and Barbara Boxer declaring its support of proposed legislation — The Rail Collision Prevention Act. Attachment Draft Letter of Support Senator Feinstein and Boxer Press Release October 2, 2008 Honorable Senator Barbara Boxer United States Senate 112 Hart Senate Office Building Washington, D.C. 20510 Honorable Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, D.C.,_2Q510 j_._` Dear S nato -B , xer I nd Feil� ei As you are a ivar , on ri day,_ eptember 12, 2008, a Metrolink commuter train carryin 225 p ssey�ers during the evening rush hour collided with a Union Pacific reight tt ifi in Chatsworth, California. Tragically, 26 people have been confirm d -dead in the accident and another 138 were injured, 40 of those critically. As leaders of a community with a Metrolink stop in our city, we urge the passage of legislation that will require positive train control systems to be in place on all passenger rail lines. We write to express our support of your proposed legislation — The Rail Prevention Collision Act, which requires the implementation of positive train control systems by December 31, 2014. We believe safety measures need to be enhanced to the extent that they protect vehicle commuters, train passengers and pedestrians. In light of the terrible accident in Chatsworth, we must do everything in our power to accelerate the placement of technology to act as a safety back -up. We look forward to your continued efforts to craft legislation so that no other community should have to experience such a terrible tragedy. Sincerely, Manuel Lozano Mayor Anthony J. Bejarano Mayor Pro Tern Marlen Garcia Monica Garcia Ricardo Pacheco Councilmember Councilmember Councilmember Senators Feinstein and Boxer Introduce Legislation to Require Collision Avoidance Systems on All Major U.S. Rail Lines -Bill introduced in wake of deadly Metrolink -Union Pacific crash near Los Angeles- Washington, DC — In the wake of Friday's deadly train collision in the San Fernando Valley, U.S, Senators Dianne Feinstein and Barbara Boxer (D -both Calif.) today introduced legislation that would require all major U.S. railroads to install "positive train control" systems designed to avoid collisions. The legislation would require: • Freight and commuter railroads to come up with plans for such systems within one year of enactment; • Set a deadline of December 31, 2012 for these systems to be in place on rail lines designated by the Department of Transportation as high -risk, involving use by major freight and commuter railroads; and • Set a deadline of December 31, 2014 for installation of these systems on all other passenger rail lines and rail lines used to transport hazardous materials; and • Authorize the Secretary of Transportation to assess fines up to $100,000 on rail carriers that fail to comply. Rail safety experts say a positive train control system could have prevented Friday's collision of a Metrolink commuter train with a Union Pacific freight train in Chatsworth. The collision killed 26 and injured 138 people, 40 of them critically. "My heart goes out to the families of those killed, and to the dozens of people injured in this deadly crash," Senator Feinstein said, "The fact is, this collision could have been avoided had there been a positive train control system in place. In my view, that's sheer negligence. "And it should be totally unacceptable to the American people that we have rail systems in which two trains going in opposite directions share a single track — with only a signal light to stop a collision — when technology exists to prevent a crash. This legislation will fix this. Nowhere is this needed more than in Southern California, where the majority of Metrolink's 388 miles of track are shared with freight trains. We must install positive train control as quickly as possible. There is no excuse for inaction." 9/18/2008 "In light of the terrible accident in Chatsworth, we must do everything in our power to accelerate the placement of technology to act as a safety back -up," Senator Boxer said. "This tragedy must push us toward swift passage of the Feinstein -Boxer legislation." The Rail Collision Prevention Act would: • Require commuter railroads and major freight railroads to develop plans for implementing positive train control systems within one year of the legislation's enactment. • Also require that these plans must be submitted to the Secretary of Transportation for approval within one year of the legislation's enactment; • Set a deadline of December 31, 2012 for these systems to be in place on rail lines designated by the Department of Transportation as high -risk, involving use by major freight and commuter railroads; and • Set a deadline of December 31, 2014 for installation of these systems on all other passenger rail lines and rail lines used to transport hazardous materials; and • Provide the Secretary of Transportation the authority to assess civil penalties, up to $100,000 per violation, against railroads that fail to submit, certify, or comply with plans for implementing positive train control systems. Background: The National Transportation Safety Board has called for installation of positive train control systems to avert collisions, particularly on high -risk track shared by freight and passenger trains. Here is how positive train control systems work: • Digital communications are combined with Global Positioning System (GPS) technology to monitor train locations and speeds; • These systems can detect: excessive speed; improperly aligned switches; whether trains are on the wrong track; unauthorized train movements; and whether trains have missed signals to slow or stop. 9/18/2008 • If engineers do not comply with signals, the system automatically brings the trains to a stop. In March, a report published by the Senate Commerce Committee concluded that installation of positive train control systems in the United States would prevent 40 to 60 train collisions annually. The report also found that, on average, these systems would prevent seven fatalities and 55 injuries per year. Positive train control systems have been put to use only in limited areas, including the Northeast and between Chicago and Detroit. California has no positive control systems in place, although Southern California has the most track shared by freight and passenger trains in the United States. Rail safety officials have said that in addition to the recent Metrolink crash, positive train control systems could have prevented two fatal train accidents in recent years: • The August 23, 2002, crash of a freight train into a Metrolink train in Placentia. In that crash, a Burlington Northern engineer and conductor failed to see a yellow signal warning them to slow down and prepare to stop. Three people on the Metrolink train were killed, and more than 260 were injured; • The January 6, 2005, derailment of several railroad cars in Graniteville, South Carolina. A railroad employee failed to properly line a track switch, resulting in the derailment. Chlorine gas was released, and nine people died. 9/18/2008 Z' A, Rr K CITY OF BALDWIN PARK CITY COUNCIL AGENDA OCT ^ 2008 ITE STAFF RE TO, Honorable Mayor and City Council Members /0 FROM: Marc Castagnola, Community Development Manage DATE, October 1, 2008 SUBJECT: Adopt on second reading, Ordinance 1321, adding Chapter 125 to Title XI of the Baldwin Park Municipal Code requiring the licensure of tobacco retailers. PURPOSE The purpose of this staff report is to request the City Council adopt on second reading, Ordinance 1321 approving an amendment to Title XI, Business Regulations of the Baldwin Park Municipal Code adding Chapter 125 entitled "Tobacco Retail Licensing," to reduce youth access to tobacco and to limit the negative public health effects associated with tobacco use. BACKGROUND At the City Council meeting on September 17, 2008, Ordinance 1321 was introduced for first reading, read by title only and further reading was waived thereof. It is now appropriate to adopt the ordinance on second reading. Once adopted, the subject ordinance will take effect 30 days from the date of adoption (November 1, 2008). RECOMMENDATION It is recommended that the City Council adopt on second reading, Ordinance 1321, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE REQUIRING THE LICENSURE OF TOBACCO RETAILERS (APPLICANT: CITY OF BALDWIN PARK) ". ATTACHMENT Ordinance No. 1321 ORDINANCE 1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LICENSING OF TOBACCO RETAILERS. WHEREAS, based in part on the information contained in this Ordinance, the City Council finds the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the City of Baldwin Park; and WHEREAS, the City Council finds a local licensing system for tobacco retailers is appropriate to ensure retailers comply with tobacco control laws and business standards of the City of Baldwin Park, to protect the health, safety, and welfare of our residents; and WHEREAS, approximately 438,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, the World Health Organization (WHO) estimates by 2030, tobacco will account for 8.3 million deaths per year, killing 50% more people in 2015 than HIV/AIDS, and will be responsible for 10% of all deaths worldwide; and WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: • The Legislature has declared smoking is the single most important source of preventable disease and premature death in California (Cal. Health & Safety Code § 118950); • State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308); • State law requires tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using minors to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952); • State law prohibits the sale of tobacco products and paraphernalia through self - services displays with limited exceptions for tobacco stores (Cal. Bus. & Prof. Code §22960,22962); • State law prohibits the sale of "bidis" (hand - rolled filter -less cigarettes imported primarily from India and Southeast Asian countries) except in adult -only establishments (Cal. Pen. Code § 308.1); and • State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll- your -own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308.3); and WHEREAS, State law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code §§ 22970.1, 22972); and WHEREAS, State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such cases as Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of the City of Baldwin Park to regulate business activity in order to discourage violations of law; and WHEREASI the City Council of the City of Baldwin Park has adopted other land use restrictions pertaining to tobacco use. In June of 2004, the City adopted an ordinance (Ordinance 1232) prohibiting smoking in and around City -owned premises and public parks. That ordinance was then amended in February, 2007, (Ordinance 1299) to prohibit smoking at elevators, outdoor dining areas, outdoor service areas, areas within 20 feet of openings to buildings and areas where the public congregate; and WHEREAS, despite the State's and City's efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the fact that: • Each day, nearly 4,000 children under 18 years of age smoke their first cigarette, and almost 1,500 children under 18 years of age begin smoking daily; • More than 75% of all current smokers in 2001 began smoking before the age of 18; • Among middle school students who were current cigarette users in 2004, 70.6% were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4% were not refused purchase because of their age; • In 2002, youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue; and WHEREAS, research demonstrates local tobacco retail ordinances dramatically reduce youth access to cigarettes, as evidenced by the following: A review of thirteen California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in twelve of the thirteen communities, with an average decrease of 68% in the youth sales rate; A study of the effect of licensing and enforcement methods used in the Philadelphia area revealed a decrease in sales to minors from 85% in 1994 to 43% in 1998; • A study of several Minnesota cities found that an increased licensing fee in con- junction with strict enforcement of youth access laws led to a decrease from 39.8% to 4.9% in the number of youth able to purchase tobacco; and WHEREAS, over 90% of enforcement agencies surveyed in 2000 rated license suspension or revocation after repeated violations as an effective strategy to reduce youth access to tobacco; and WHEREAS, seventy -eight cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking; and WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following: Nearly 11 % of all tobacco retailers unlawfully sold to minors in 2007; Non - traditional tobacco retailers such as deli, meat, and donut shops sold to minors in 2007 at a much higher rate than the statewide average, as high as 16 %; Teens surveyed in 2002 say they bought their cigarettes at: gas stations (58 %), liquor stores (45 %), and supermarkets and small grocery stores (29% combined); WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City of Baldwin Park to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco- related laws; and WHEREAS, the City Council has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City of Baldwin Park and to encourage responsible tobacco retailing and to discourage violations of tobacco - related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. 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 125 thereto to read in its entirety as follows: Chapter 125 "TOBACCO RETAIL LICENSING" § 125.010 DEFINITIONS. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm's Length Transaction. (b) "Department" means Community Development Department, and any agency or Person designated by the Chief Executive Officer to enforce or administer the provisions of this chapter. (c) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (d) "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10 %) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day -to -day operations of a business. (e) "Self- Service Display" means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person -to- person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self - Service Display. (f) "Smoking" means possessing a lighted Tobacco Product, lighted Tobacco Paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). (g) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, and any other item designed for the Smoking, preparation, storing, or consumption of Tobacco Products. (h) "Tobacco Product" moans any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (1) "Tobacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. (j) "Tobacco Retailing" shall mean the doing of any of the activities mentioned in the definition of Tobacco Retailer. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. § 125.020 REQUIREMENTS AND PROHIBITIONS (a) TOBACCO RETAILER LICENSE REQUIRED. It shall be unlawful for any Person to act as a Tobacco Retailer in the City of Baldwin Park without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid Tobacco Retailer's license is a nuisance as a matter of law. (b) LAWFUL BUSINESS OPERATION. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. (c) DISPLAY OF LICENSE. Each Tobacco Retailer license shall be prominently displayed in a publicly visible location at the licensed location. (d) POSITIVE IDENTIFICATION REQUIRED. No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of twenty -seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. (e) MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products shall engage in Tobacco Retailing. (f) SELF - SERVICE DISPLAYS PROHIBITED. Tobacco Retailing by means of a Self- Service Display is prohibited. (g) FALSE AND MISLEADING ADVERTISING PROHIBITED. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a person whose license has been revoked: (1) Shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a license under Section 125.010; and (2) Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (a) No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot or from vehicles is prohibited. (b) No license may issue to authorize Tobacco Retailing at any location that is exclusively zoned for residential uses (R -1, RG or R3 zones). (c) No license may be issue to authorize Tobacco Retailing at any location that is licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an "on -sale" license issued by the California Department of Alcoholic Beverage Control) and no license may issue to authorize Tobacco Retailing at any location offering food for sale for consumption on the premises. For example, and without limitation, Tobacco Retailing is prohibited in bars and restaurants. This provision shall take effect on November 1, 2009, which is one (1) year after the effective date of the ordinance adopting this chapter. § 125.040 APPLICATION PROCEDURE. (a) Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct Tobacco Retailing and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license. No Proprietor may rely on the issuance of a license as a determination by the City the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 125.080 of this chapter. Nothing in this chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law. All applications shall be submitted on a form supplied by the Department and shall contain the following information: (1) The name, address, and telephone number of each Proprietor of the business seeking a license. (2) The business name, address, and telephone number of the single fixed location for which a license is sought. (3) A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address ") required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (5) Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. If Person filing the application for a Tobacco Retailer does not disclose past violations and a license is issued, the license can be revoked as soon as the past violations are discovered pursuant to Section 125.110 below. (6) Such other information as the Chief Executive Officer deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section. (b) A licensed Tobacco Retailer shall inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer's license within ten (10) business days after a change. (c) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws' exemptions. § 125.050 ISSUANCE OF LICENSE. Upon the receipt of a complete application for a Tobacco Retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter. (b) The application seeks authorization for Tobacco Retailing at a location forwhich this chapter prohibits issuance of Tobacco Retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. (c) The application seeks authorization for Tobacco Retailing for a Proprietor to whom this chapter prohibits a license to be issued. (d) The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code, including, without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law. § 125.060 LICENSE RENEWAL AND EXPIRATION. (a) RENEWAL OF LICENSE. A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a Tobacco Retailer license is one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license and submit the annual license fee no later than thirty (30) days prior to expiration of the term. (b) EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph (a), the Proprietor must: (1) Submit the license fee and application renewal form; and (2) Submit a signed affidavit affirming the Proprietor: (i) has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or (il) has waited the appropriate ineligibility period established for Tobacco Retailing without a license, as set forth in Section 125.120(a) of this chapter, before seeking renewal of the license. § 125.070 LICENSES NONTRANSFERABLE, (a) A Tobacco Retailer's license may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer's license is required whenever a Tobacco Retailing location has a change in Proprietor(s). (b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) the location has been fully transferred to a new Proprietor or fully transferred to entirely new Proprietors; and (2) the new Proprietor(s) provide the City with clear and convincing evidence the new Proprietor(s) have acquired or is acquiring the location in an Arm's Length Transaction. § 125.080 LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City of Baldwin Park identified on the face of the permit. For example, nothing in this chapter shall be construed to reader inapplicable, supercede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, including, without limitation, the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. For example, obtaining a Tobacco Retailer license does not make the retailer a "retail orwholesale tobacco shop" forthe purposes of California Labor Code section 6404.5. § 125.090 FEE FOR LICENSE. The fee to issue or to renew a Tobacco Retailer's license shall be established from time to time by resolution of the City Council. The fee shall be annual and shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. § 125.100 COMPLIANCE MONITORING. (a) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The City may designate any number of additional Persons to monitor compliance with this chapter. (b) The Department or other Person designated to enforce the provisions of this chapter shall check the compliance of each Tobacco Retailer at least as often as established by the Chief Executive Officer which could be as often as three (3) times per a twelve -month (12- month) period. The Department may check the compliance of Tobacco Retailers previously found to be in compliance a fewer number of times so the Department may check the compliance of new licensees and Tobacco Retailers previously found in violation of the licensing law more frequently. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City of Baldwin Park or its agents. (c) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with laws regulating youth access to Tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Tobacco Retailing. (d) The City shall not enforce any law establishing a minimum age for Tobacco purchases or possession against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy ") if the potential violation occurs when: (1) the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City; (2) the Youth Decoy is acting as an agent of a Person designated by the City to monitor compliance with this chapter; or (3) the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County Health Department or the California Department of Health Services, § 125.110 REVOCATION OF LICENSE. (a) REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 125.020 above. (b) NEW LICENSE AFTER REVOCATION. (1) After revocation for a first violation of this chapter at a location within any 5- year period, no new license may issue for the location until ten (10) days have passed from the date of revocation. (2) After revocation for a second violation of this chapter at a location within any 5 -year period, no new license may issue for the location until thirty (30) days have passed from the date of last revocation. (3) After revocation for a third violation of this chapter at a location within any 5- year period, no new license may issue for the location until ninety (90) days have passed from the date of last revocation. (4) After revocation for four or more violations of this chapter at a location within any 5 -year period, no new license may be issue for the location until five (5) years have passed from the date of the last revocation. (c) APPEAL OF REVOCATION. A decision of the Department to revoke a license is appealable to the Chief Executive Officer and must be filed with City Clerk within ten (10) days after mailing of the Department's decision. If such an appeal is made, then it shall stay enforcement of the appealed action. An appeal to the Chief Executive Officer is not available for a revocation made pursuant to subsection (d) below. The decision by the Chief Executive Officer shall be the final decision of the City. (d) REVOCATION OF LICENSE WRONGLY ISSUED. A Tobacco Retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, one or more of the bases for denial of a license under Section 125.050 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application. § 125.120 TOBACCO RETAILING WITHOUT A LICENSE. (a) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, then the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailing license as follows: (1) After a first violation of this section at a location within any 5 -year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until thirty (30) days have passed from the date of the violation. (2) After a second violation of this section at a location within any 5 -year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's length Transaction), until ninety (90) days have passed from the date of the last violation. (3) After of a third or subsequent violation of this section at a location within any 5 -year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's. Length Transaction), until five (5) years have passed from the date of the last violation. (b) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Department or any peace officer and shall be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the Department or peace officer may be appealed pursuant to the procedures set forth in Section 125.110(c). Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, afterjudgment in that suit becomes final. (c) For the purposes of the civil remedies provided in this chapter: (1) each day on which a Tobacco Product or Tobacco Paraphernalia is offered for safe in violation of this chapter; or (2) each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for sale in violation of this chapter; shall constitute a separate violation of this chapter. § 125.130 ENFORCEMENT. (a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented, (c) Each violation of this chapter is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than Two Hundred Fifty Dollars ($250) and not exceeding One Thousand Dollars ($1,000) per violation. (d) Each violation of this chapter may, in the discretion of the City Attorney, be prosecuted as an infraction or a misdemeanor when the interests of justice so require. (e) Causing, permitting, aiding, abetting, or concealing aviolation of any provision of this chapter shall also constitute a violation of this chapter. (f) Each violation of this chapter are hereby declared to be public nuisances. (g) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative citation, judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Baldwin Park hereby declares it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 3. 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 4. 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 15t day of October 2008 MANUEL LOZANO, MAYOR ATTEST: LAURA M. NIETO DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on September 17, 2008. That there after said Ordinance 1321 was duly approved and adopted at a regular meeting of the City Council on October 1, 2008 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO DEPUTY CITY CLERK 5 CITY OF BALDWIN PARK I��ND F11 OCT -1 2000 car BALDWIN ITEM NO.. P , A, R - K TO: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Financing Authority ,U FROM: Vijay Singhal, Chief Executive Officer DATE: October 1, 2008 SUBJECT: Proposed Refinancing of 2002 Certificate of Participation (Street Improvement Program) PURPOSE: The purpose of this report is to receive City Council and Financing Authority authorization to proceed with a proposed conversion of the 2002 Certificates of Participation to a fixed rate financing with Bank of The West and engage the consultants required for this process. BACKGROUND: On October 9, 2002, the City issued 2002 Variable Rate Demand Certificates of Participation (2002 Certificates) to finance an accelerated program for the improvement of public streets and related public facilities. Allied Irish Bank had issued, an irrevocable letter of credit securing lease payments on the 2002 Certificates. The letter of credit securing the 2002 Certificates was set to expire on October 8, 2008. Allied Irish Bank notified the City that it will not renew the Letter of Credit. Allied Irish Bank's decision to not extend the letter of credit does not reflect upon the credit quality of Baldwin Park. Based on the market dislocation, Allied Irish Bank changed their business model, now working only with significantly larger deals, The current letter of credit amount is $3,294,560 and considered too small of a deal size for Allied Irish Bank DISCUSSION: Non - renewal of the Letter of Credit presented a challenge for the City, especially due to a very tight market and short time frame. Staff worked with financial advisor Fieidman Rolapp to develop solutions to deal with this challenge. The team identified the following options: 1. Pay off the approximately $3 million in outstanding bonds (not possible because $3 Million needed for this option) 2. Refinance the bonds with a fixed rate bonds in a traditional financing (fixed rates are higher, and cost of issuance also higher and takes significant amount of time needed for new ratings and market conditions could be a challenge) October 1, 2008 Conversion of 2002 Certificate Page 2 of 2 3. Substitute the Letter of Credit with one from another provider. ' At that time, option 3 appeared to be cheapest, but still a complex option and was expected to take approximately 1 -4 months and cost approximately $100,000 for financial advisor, legal counsel, rating agency and other costs. Since the Letter of Credit was expiring on October 1, 2008 the financing team approached Allied Irish Bank and was able to secure an extension through December 31, 2008. Fieldman, Rolapp & Associates, on behalf of the City, contacted several banks for a replacement Letter of Credit. Only Bank of the West was willing to offer a letter of credit to replace the existing one. The team initiated work on the project with anticipated completion of transaction by December. However, the work had to be suspended midstream because, last week Bank of the West informed us that it will not be able to provide the letter of credit due to a changed market condition. Further, the municipal bond market has been experiencing a significant spike in short -term interest rates. .Last week, the variable rates increased by more than 300 %, making this option more expensive. Even if we were able to secure a letter of credit the interest rates would have been significantly higher. Based on these factors, the City and its financing team have determined that the best option under the current market conditions is to convert the 2002 Certificates to a.fixed rate financing on a private placement basis (new option). A private placement is different than a traditional financing, is cheaper, does not require rating and is less vulnerable to market conditions. Bank of The West has agreed to provide funding for this private placement. Unless there is additional deterioration in the markets, staff hopes to expeditiously replace the 2002 Certificates to fixed interest rate instruments with approximately 4.00% (which is subject to market conditions) with maturity on October 1, 2017, which is the original maturity date of the 2002 Certificates. The 2002 Certificates will be defeased at the closing of the Private Placement and, in accordance with the legally required notice period (23 days), will be mandatory tendered on or about November 3, 2008. In order to complete this transaction, City needs to engage the services of following consultants: 1) Jones Hall, to serve as special /disclosure counsel for the preparation of legal documents and provide a legal opinion, and 2) Fieldman Rolapp & Associates to serve as the City's Financial Advisor, including assistance with the overall coordination with the proposed fixed -rate private placement, 3) Morrison & Forester, Private placement Counsel 4) US Bank, Trustee October 1, 2008 Conversion of 2002 Certificate Page 3 of 3 Below is a summary of the total issuance costs in the amount of $57,000 for the proposed private placement: Issuance Cost Summary: Entity_- Purpose Cost Jones Hall Special /Disclosure Counsel $20,000 Fieldman Rolapp & Associates Financial Advisor $26,250 Morrison & Forester Private Placement Counsel $2,000 US Bank Trustee $3,000 Contingency 5 750 Total $57,000 FISCAL IMPACT: To complete the Private Placement, issuance costs will be approximately $57,000. Staff will try to include these costs as part of the new financing, however, if that is not possible, then the costs will be paid from Gas Tax Fund and there will be no impact on the General Fund. The annual debt service payments, which are paid from Gas Tax Fund, are also anticipated to be higher due to increased interest rates. Necessary budget adjustments will be recommended upon conclusion of the financing. RECOMMENDATION: Staff recommends that: (i) The City Council and the Financing Authority provide authorization to proceed with the proposed conversion of the 2002 Certificates of Participation to a fixed rate financing with Bank of The West; and (ii) The City Council and the Financing Authority authorize the Chief Executive Officer to engage consultants Jones Hall and Fieldman Rolapp & Associates, and Morrison and Forrester and US Bank to serve as Bond Counsel and Financial Advisor, Private Placement Counsel and Trustee, respectively, for the not -to- exceed amount of $51,250 and authorize the Chief Executive Officer to execute the agreements; and (iii) The City Council adopt Resolution No. 2008 -064, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS "; and October 1, 2008 Conversion of 2002 Certificate Page 4 of 4 (iv) The Financing Authority adopt Resolution No. FA 2008 -002, entitled, "A RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS "; and (v) Authorize the Chief Executive Officer to execute all required legal documents in relation to the proposed conversion of the 2002 Certificate of Participation to a fixed rate with Bank of The West. ATTACHMENTS: Attachment A - Letter from Allied Irish Bank dated August 1, 2008 Attachment B - City Council Resolution Attachment C - Financing Authority Resolution Attachment D - Jones Hall Contract for Special Counsel /Disclosure Counsel Services Attachment E - Fialdman Rolapp & Associates Contract for Financial Advisory Services Attachment ##A Letter from Allied Irish Bank dated August 1, 2008 August 1, 2008 Ms. Rose Tam Assistant Accounting Manager City of Baldwin Park 14403 East Pacific Avenue, 2'd Floor Baldwin Park, CA 91706 RE: LETTER OF CREDIT C -538 Dear Rose, Representative Office 601 South Figueroa Street Suite 4650 Los Angeles, CA 90017 Telephone (213) 622 -4900 Facsimile (213) 622 -4943 www.aibusa.com We regret to inform you that Allied Irish Bank will be unable to extend the term of Letter of Credit No.0 -538 beyond the current October 8, 2008 expiration date. Please be advised that the decision in no way reflects upon the credit quality of the City, which has been and continues to be a valued client. The recent market dislocation has resulted in our business model changing to significantly larger deal sizes. The current Letter of Credit amount is $3,294,560. The Letter of Credit dated October 9, 2002 currently provides credit enhancement to the City of Baldwin Park's Series 2002 Variable Rate Demand Certificates of Participation, which has a current outstanding principal balance of $3,235,000. Please call us if you have any further questions, (213) 622 -4900, Sincerely, Jennifer Shin Assistant Vice President Attachment #B City Council Resolution RESOLUTION NO. 2008 -064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS WHEREAS, the City of Baldwin Park (the "City ") has undertaken an accelerated program for the improvement of public streets and related facilities as hereinafter described (collectively, the "Street Improvement Project ") and the City financed such program from motor vehicle fuel tax revenues received by the City from the State of California; and WHEREAS, the Baldwin Park Financing Authority (the "Authority ") has been formed for the purpose of assisting the City in the financing of facilities and property useful to the City, and has assisted the City in financing the construction of the Street Improvement Project; and WHEREAS, in order to provide funds for such purposes, the City agreed to lease to the Authority certain real property which generally constitutes a part of the public street system of the City (the "Leased Property ") under a Site Lease dated as of September 1, 2002, by and: between the City as lessee and the Authority as lessor, for a payment which the City used to finance the Street Improvement Project; and WHEREAS, in order to raise the amount required to make the payment to the City, .the Authority leased the Leased Property back to the City under a Lease Agreement, dated as of September 1, 2002, by and between the City and the Authority (the "Original Lease ") and the Authority assigned and transferred to U.S. BANK, N.A., as trustee (the "Trustee ") certain of its rights under the Original Lease, pursuant to an Assignment Agreement dated as of September 1, 2002. WHEREAS, in consideration of such assignment the Trustee executed and delivered $4,465,000 aggregate principal amount of 2002 Variable Rate Demand Certificates of Participation (Street Improvement Program), (the "Certificates ") bearing interest at a variable rate; and WHEREAS, Allied Irish Bank issued an irrevocable direct -pay letter of credit (the "Letter of Credit ") in support of the Certificates in the variable interest rate mode, but Allied Irish Bank has determined not to extend the Letter of Credit; and WHEREAS, the City and the Authority have determined to redeem all of the variable rate Certificates and to amend the Original Lease to provide for the lease payments to bear a fixed rate of interest rather than a variable rate of interest, as provided in the First Amendment and Restatement of Lease Agreement (the "First Amendment "), the form of which is on file with the City Clerk; and WHEREAS, Bank of the West (the "Bank ") has advised the City and Authority that it is willing to provide the funds to the Authority to redeem the Certificates, repayment to the Bank to be secured by lease payments to be made by the City to the Authority pursuant to the Original Lease as amended by the First Amendment and assigned to the Bank pursuant to the Assignment Agreement defined below, such funds to be provided by the Bank as more particularly provided in the Term Sheet (the "Term Sheet ") prepared by the Bank and on file with the City Clerk; and WHEREAS, the lease payments payable by the City pursuant to the First Supplement shall be assigned to the Bank by the Authority pursuant to the Assignment Agreement, dated as of October 1, 2008, by and between the Authority and the Bank (the "Assignment Agreement ") and the Promissory Certificate attached as Exhibit A to the Assignment Agreement (the "Promissory Certificate "), the forms of which are on file with the Secretary of the Authority; and WHEREAS, the First Amendment is an amendment and restatement of the Original Lease as validated by judgment of the Superior Court of the State of California in Action No. KC038692, entered July 26, 2002, and the Original Lease as amended and restated by First Amendment shall remain in full force and effect for all purposes of said validation judgment; and WHEREAS, the City Council wishes at this time to approve the First Amendment, and approve related official actions related to the refunding of the Certificates and the private placement of the First Amendment with the Bank, in furtherance of the public purposes of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. Approval of First Amendment. The City Council hereby approves the First Amendment, dated as of October 1, 2008, by and between the City and the Authority, in substantially the form on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Chief Executive Officer ( "Authorized Official "). The execution of the First Amendment by the Authorized Official shall be, conclusive evidence of such approval. The Authorized Official is authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of the First Amendment. The City Council hereby authorizes the delivery and performance of the First Amendment. Section 2. Refunding of Certificates with Bank Funds. The City Council hereby approves of the refunding of the Certificates in full with funds to be provided by the Bank in accordance with the terms set forth in its Term Sheet on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the Authorized Official. The Authorized Official is authorized and directed for and in the name and on behalf of the City to accept the offer of the Bank set forth in the Term Sheet, provided that the interest rate born by the interest component of lease payments to be paid by the City pursuant to the First Amendment shall not exceed 4.2 % and the principal component of lease payments to be paid by the City pursuant to the First Amendment shall not exceed $3,200,000. Section 3. Engagement of Financial Advisor. The City hereby approves the engagement of Feldman, Rolapp and Associates as Financial Advisor to the City and the Authority with respect to the refunding of the Certificates and the private placement with the Bank, and the Authorized Official is hereby authorized and directed to execute an agreement with the Financial Advisor in the form on file with the City Clerk. Section 4. Engagement of Special Counsel. The City hereby approves the engagement of Jones Hall, A Professional Law Corporation as Special Counsel in connection with the proceedings for refunding of the Certificates and the private placement with the Bank, -2- such services and the compensation therefore to be as provided in such firm's engagement letter on file with the City Clerk. Section 5. Official Actions. The Mayor, the Chief Executive Officer, the Deputy City Clerk, the Chief Deputy City Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, leases and other instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the First Supplement and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this October 1, 2008. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2008 -064 was duly passed and adopted at a regular meeting of the City Council held on October 1, 2008, and said Resolution was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: -3- LAURA M. N I ETO DEPUTY CITY CLERK Attachment #C Financing Authority Resolution RESOLUTION NO. FA 2008 -002 A RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS WHEREAS, the City of Baldwin Park (the "City ") has undertaken an accelerated program for the improvement of public streets and related facilities as hereinafter described (collectively, the "Street Improvement Project ") and the City financed such program from motor vehicle fuel tax revenues received by the City from the State of California; and WHEREAS, the Baldwin Park Financing Authority (the "Authority ") has been formed for the purpose of assisting the City in the financing of facilities and property useful to the City, and has assisted the City in financing the construction of the Street Improvement Project; and WHEREAS, in order to provide funds for such purposes, the City agreed to lease to the Authority certain real property which generally constitutes a part of the public street system of the City (the "Leased Property ") under a Site Lease dated as of September 1, 2002, by and between the City as lessee and the Authority as lessor, for a payment which the City used to finance the Street Improvement Project; and WHEREAS, in order to raise the amount required to make the payment to the City;. the " Authority leased the Leased Property back to the City under a Lease Agreement, dated as of September 1, 2002, by and between the City and the Authority (the "Original Lease ") and the Authority assigned and transferred to U.S. Bank, N.A., as trustee (the "Trustee ") certain of its rights under the Original tease, pursuant to an Assignment Agreement dated as of September 1, 2002. WHEREAS, in consideration of such assignment the Trustee executed and delivered $4,465,000 aggregate principal amount of 2002 Variable Rate Demand Certificates of Participation (Street Improvement Program), (the "Certificates") bearing interest at a variable rate; and WHEREAS, Allied Irish Bank issued an irrevocable direct -pay letter of credit (the "Letter of Credit ") in support of the Certificates in the variable interest rate mode, but Allied Irish Bank has determined not to extend the Letter of Credit; and WHEREAS, the City and the Authority have determined to redeem all of the variable rate Certificates and to amend the Original Lease to provide for the lease payments to bear a fixed rate of interest rather than a variable rate of interest, as provided in the First Amendment and Restatement of Lease Agreement (the "First Amendment "), the form of which is on file with the Secretary of the Authority; and WHEREAS, Bank of the West (the "Bank ") has advised the City and Authority that it is willing to provide the funds to the Authority to redeem the Certificates, repayment to the Bank to be secured by lease payments to be made by the City to the Authority pursuant to the Original Lease as amended by the First Amendment and assigned to the Bank pursuant to the Assignment Agreement defined below, such funds to be provided by the Bank to the Authority as more particularly provided in the Term Sheet (the "Term Sheet ") prepared by the Bank and on file with the Secretary of the Authority; and WHEREAS, the lease payments payable by the City pursuant to the First Supplement shall be assigned to the Bank by the Authority pursuant to the Assignment Agreement, dated as of October 1, 2008, by and between the Authority and the Bank (the "Assignment Agreement ") and the Promissory Certificate attached as Exhibit A to the Assignment Agreement (the "Promissory Certificate "), the forms of which are on file with the Secretary of the Authority; and WHEREAS, the Authority wishes at this time to approve the First Amendment and the Assignment Agreement and to approve official actions related to the refunding of the Certificate and the private placement of the First Amendment with the Bank, in furtherance of the public purposes of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Baldwin Park Financing Authority as follows: Section 1. Approval of First Amendment, The Authority hereby approves the First Amendment, dated as of October 1, 2008, by and between the City and the Authority, in substantially the form on file with the Secretary together with any changes therein or additions, . thereto deemed advisable by the Executive Director or the Treasurer (each an "Authorized Official "). The execution of the First Amendment by the Authorized Official shall be conclusive . evidence of such approval. The Authorized Official is authorized and directed for and in ,the;. name and on behalf of the Authority to execute, and the Secretary is hereby authorized' and , ? directed to attest and affix the seal of the Authority to, the final form of the First Amendment. The Authority hereby authorizes the`delivery and performance of the First Amendment: , Section 2. Approval of Assignment Agreement and Promissory Certificate. The Authority hereby approves the Assignment: Agreement, dated as of October 1, 2008, by and between the Authority and the Bank, and the attached Promissory Certificate in substantially the forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Authorized Official. The execution of the Assignment Agreement and the Promissory Certificate by the Authorized Official shall be conclusive evidence of such approval. The Authorized Official is authorized and directed for and in the name and on behalf of the Authority to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Authority to, the final form of the Assignment Agreement and the Promissory Certificate. The Authority hereby authorizes the delivery and performance of the Assignment Agreement and the Promissory Certificate. Section 3. Refunding of Certificates with Bank Funds. The Authority hereby approves of the refunding of the Certificates in full with funds to be provided by the Bank in accordance with the terms set forth in its Term Sheet on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Authorized Official. The Authorized Official is authorized and directed for and in the name and on behalf of the Authority to accept the offer of the Bank set forth in the Term Sheet, provided that the interest rate born by the interest component of lease payments to be paid by the City pursuant to the First Amendment shall not exceed 4.2 % and the principal component of lease payments to be paid by the City pursuant to the First Amendment shall not exceed $3,200,000. Section 4. Official Actions. The Chair, the Executive Director, the Treasurer, the Secretary and all other officers of the Authority are each authorized and directed in the name 2 and on behalf of the Authority to make any and all assignments, certificates, requisitions, agreements, notices, consents, leases and other instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the First Supplement, the Assignment Agreement, the Promissory Certificate and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the Authority is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this October 1, 2008. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, Laura M. Nieto, Secretary of the Baldwin Park Financing Authority, hereby certify that Resolution No. FA 2008 -002 was duly passed and adopted at a regular meeting of the Financing Authority held on October 1, 2008, and said Resolution was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: 3 LAURA M. NIETO, Secretary Attachment #® Jones Hall Contract for Special Counsel/Disclosure Counsel JONES HALL September 25, 2008 Mr, Vijay Singhal, Chief Executive Officer City of Baldwin Park 14403 E Pacific Avenue Baldwin Park, Callfornia 91706 RE: 2002 Variable fate Demand Certificates (Street Improvemert Program) Fixed Rate Refunding Terms of Engagement of Special Counsel Dear Mr, SinghaL 650 California Street 38th Floor San Francisco, CA 94108 t. 415.391.5780 i, 415,391.5784 The City of Baldwin Park (the "City ") caused the execution and delivery of $4,465,000 principal amount of 2002 Variable Rate Demand Certificates of i��:trticipation (Street Improvement Program) (the "Certificates "). The Certificates were initially secured by a letter of Credit issued by Allied Irish Bank, p.l.c. Allied Irish Bank has determined not to extend its letter of credit and, as a result, the City desires to refund the Certificates to a fixed rate for private placement with the Bank of the West (the "Sank "). The City requests that ive assist the City, as Special Counsel, in the preparation and conducting of the proceedings for the refunding and private placement of the Certificates. Our engagement as Special Counsel will require us to provide to the City all services customarily provided by Special Counsel, including the following: (a) Confer and consult with the City staff and the other members of the financing team as to any legal matters relating to the proceedings `or the refunding and private placement, (b) Attend such meetings of the City and any staff or ad- ninistrative meetings or participate in appropriate conference calls at which the refunding and private placement is to be discussed deemed necessary for the prooi::r planning of the proceedings, as requested by the City. (c) Prepare resolutions of the City Council and the Ba dwin Park Financing Authority and an amended and restated lease agreement for assiclnment to the Bank and any other legal documents necessary with respect to the irMbnding and private placement proceedings. (d) Prepare and provide any closing documents requirod to accompany the delivery of the amended and restated lease agreement. (e) Assemble and provide a transcript of the conduct oV the refunding and private placement proceedings in sufficient quantity to provide esich participant with a copy. A PROFrWONAL LAW CORPORATION www.joneshall.com Min TIVtf sMor V9L9T6£5T6 XVrt 90 :9T go /9Z /60 Vijay Singhal Letter of Engagement Page 2 (f) Subject to completion of proceedings to our satisfacti,m, provide Our legal opinion approving the legality of all proceedings for the refunding an private placement, as required by the Bank. (g) Provide any other services reasonably requested of 13pocial Counsel and not set forth above Any services rendered in any litigation involving the City or the rerfunding and private placement are excepted from the services to be rendered Special CounE el. On -going advice and preparation of necessary documentation regarding compliance with .3r ?ction 146 of the Internal Revenue Code of 1986, relating to arbitrage limitations and rent:t:e provisions and continuing disclosures required under federal securities and /or state laws send regulations are also excepted from the services to be rendered by Special Counsel. Our services with respect to the preparation of any disclosure document shall be limited to the preparation of an appropriate certificate of investigation for execution by the Bank Our fee as Special Counsel shall be the amount of $20,000, inclusive of expenses Please note that payment of the fees Is contingent upon a successful refunding and private placement, I trust that the foregoing is acceptable to the City. Needtess to .sriy, if you have any questions or would like to discuss any of the foregoing, please give me a call — Andy Hall (415) 391 -5780, Upon the City's approval, would you please, at your conveniem;e, fax, email or mail a copy of this letter to us showing the City's approval. Our fax number is (415) 391 -5784. My email address is ahall@joneshall.com. Very trul o Andrew C. Nall, Jr. Approved: CITY OF BALDWIN PARK Vijay SMghal Chief Executive Officer A PROFEssIONAL LAW CORPORATION coo In `I "IVII KIM, P9L91H9ib kV,�I 9091 80/89/60 Attachment #E Fieldman Rolapp & Associates Contract for Financial Advisory Services PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR This agreement has been entered into this day of by and between the City of Baldwin Park, California (the "City ") and Fieldman, Rolapp & Associates, (herein, the "Consultant "). WHEREAS, the City desires independent financial advisory services to be performed in connection with 2002 Certificates of Participation (herein, the "Project "); and WHEREAS, the City desires to retain the professional and technical services of the Consultant for the purpose of finding Alternative Credit Facility, (herein, the "Services "). WHEREAS, the Consultant is well qualified to provide professional financial advice to public entities such as the City; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions hereinafter set forth, it is agreed as follows: Section I Financial Advisory Services. As directed by the City, Consultant will provide services in connection with the 2002 Certificates of Participation as such Services are fully described in Exhibit A attached to this Agreement. Consultant is engaged in an expert financial advisory capacity to the City only. It is expressly understood that the Services rendered hereunder are rendered solely to the City of Baldwin Park. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder. Section 2 Additional Services. Services performed for the City by Consultant that are not otherwise specifically identified in Exhibit A to this Agreement, shall be additional services. Additional services include, but are not limited to, the following: 2.01 Assisting the City in obtaining enabling legislation or conducting referendum elections. 2.02 Extraordinary services and extensive computer analysis in the structuring or planning of any debt issue or financing program. 2.03 The repeat of any element of a service described in Exhibit A to this Agreement which is made necessary through no fault of Consultant. 2.04 Financial management services, including development of financial policies, capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A to this Agreement. CITY OF BALDWIN PARKA- IELDMAN, ROLAPP & ASSOCIATES Page I Project No, 2.05 Services rendered in connection with any undertaking of the City relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2 -12 or other similar rules. 2.06 Services rendered to the City in connection with calculations or determination of any arbitrage rebate liability to the United States of America arising from investment activities associated with debt issued to fund the Project. Section 3 Compensation. 3.01 For Consultant's performance of Services as described in Section 1 of this Agreement the Consultant's compensation will be as provided in Part 1 of Exhibit B attached to this Agreement, plus Consultant's expenses incurred in rendering such Services. Consultant's expenses may include, but are not limited to travel, telephone/conference calls, postage, courier, database access services, and printing. 3.02 For Consultant's performance of additional services as described in Section 2 of this Agreement, the Consultant's compensation will be as provided in Part 2 of Exhibit B attached to this agreement, plus Consultant's expenses incurred in rendering such services. Consultant's expenses may include, but are not limited to travel, telephone/conference calls, postage, courier, database access services and printing. 3.03 Payment for Consultant's Services rendered pursuant to Section 1 of this Agreement shall be as provided for in Exhibit B to this Agreement, unless specified to the contrary elsewhere in this Agreement. The Consultant may submit monthly invoices for payment for services provided pursuant to Section 2 of this Agreement unless an alternate date or dates have been specifically agreed to in writing. Unless otherwise specified, payment of Consultant's compensation and expenses is due thirty (30) days after submission of Consultant's invoice for services. 3.04 In the event the Services of the Consultant are abandoned prior to completion of Consultant's work, Consultant shall be compensated for Services performed to the point of abandonment as if such Services were an additional service pursuant to Section 2 of this Agreement, subject to a maximum fee of 0. An act of abandonment shall be deemed to have occurred when no action has been taken by the City relative to the services of the Consultant for a period of three (3) months from the date of the initial performance of a service, or there has been a written notification to the Consultant of an abandonment of the Project by the City. 3.05 Consultant fees set forth in this Agreement and Exhibits are guaranteed by Consultant for a period of twelve (12) months from the date of this Agreement. Section 4 Personnel. Consultant has, or will secure, all personnel required to perform the services under this Agreement. Consultant shall make available other qualified personnel of the firm as may be required to complete Consultant's services. The City has CITY OF BALDWIN PARKIFIELDMAN, ROLAPP & ASSOCIATES Page 2 Project No. the right to approve or disapprove any proposed changes in Consultant's staff providing service to the City. The City and Consultant agree that such personnel are employees only of Consultant and shall not be considered to be employees of the City in any way whatsoever. Section 5 Term of Agreement. This Agreement shall continue in full force and effect for a period of twenty -four (24) months from the date hereof unless terminated by either party by not less than thirty (30) days written notice to the other party except that the Agreement shall continue in full force and effect until completion of Consultant's services or until an abandonment shall have occurred as described in Section 3.04 hereof. This Agreement may be extended from time to time as agreed by the City and the Consultant. Section b Modification. This Agreement contains the entire agreement of the parties. It may be amended in whole or in part from time to time by mutual consent of the parties. This shall not prohibit the City and Consultant from entering into separate agreements for other services. Section 7 Assignment. The rights and obligations of the City under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the City. This agreement may not be assigned by the Consultant without the consent of the City except for compensation due Consultant. Section S Disclosure. Consultant does not assume the responsibilities of the City, nor the responsibilities of the other professionals and vendors representing the City, in the provision of services and the preparation of the financing documents, including initial and secondary market disclosure, for financings undertaken by the City. Information obtained by Consultant and included in any disclosure documents is, by reason of experience, believed to be accurate; however, such information is not guaranteed by Consultant. Section 9 Confidentiality. The Consultant agrees that all financial, statistical, personal, technical and other data and information designated by the City as confidential shall be protected by the Consultant from unauthorized use or disclosure. Section 10 Indemnification. The City and Consultant shall each indemnify and hold harmless the other from and against any and all losses, claims, damages, expenses, including legal fees for defense, or liabilities, collectively, damages, to which either may be subjected by reason of the other's acts, errors or omissions, except however, neither will CITY OF BALDWIN PARK/1 IELDMAN, ROLAPP & ASSOCIATES Page 3 Project No. indemnify the other from or against damages by reason of changed events and conditions beyond the control of either or errors of judgment reasonably made. Section 11 Insurance. 11.01 Consultant shall maintain workers' compensation and employer's liability insurance during the term of this Agreement. 11.02 Consultant, at its own expense, shall obtain and maintain insurance at all times during the prosecution of this contract. Such insurance must be written with a Best Guide "A" -rated or higher insurance carrier admitted to write insurance in the state where the work is located. 11.03 Certificates of insurance naming the City as an additional insured shall be submitted to the City evidencing the required coverages, limits and locations of operations to which the insurance applies, and the policies of insurance shall contain a 30 day notice of cancellation or non - renewal. 11.04 Insurance coverages shall not be less than the following: A. Workers' Compensation 1. State worker's compensation statutory benefits 2. Employer's Liability - policy limits of not less than $1,000,000. B. Comprehensive General Liability coverage with policy limits of not less than $1,000,000 combined single limit for bodily injury and property damage and including coverage for the following: 1. Premises operations 2. Contractual liability 3. Products 4. Completed operation C. Errors and omissions with policy limits of $2,000,000. Section 12 Perinits/Licenses. The Consultant shall obtain any permits or licenses, as may be required for it to complete the services required under this Agreement. Section 13 Binding Effect. 13.01 A waiver or indulgence by the City of a breach of any provision of this Agreement by the Consultant shall not operate or be construed as a waiver of any subsequent breach by the Consultant. 13.02 All agreements and covenants contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained CITY OF BALDWIN PARK/FIELDMAN, ROLAPP & ASSOCIATES Page 4 Project No. herein, and the remaining provisions of this Agreement shall not be affected by such determination and shall remain in full force and effect. This Agreement shall not fail because any part or any clause hereof shall be held indefinite or invalid. 13.03 Each party hereto represents and warrants that this Agreement has been duly authorized and executed by it and constitutes its valid and binding agreement, and that any governmental approvals necessary for the performance of this Agreement have been obtained. 13.04 The validity, interpretation and construction of this Agreement and of each part hereof shall be governed by the laws of the State of California. Venue for any lawsuit concerning this agreement is Orange County, California. IN WITNESS Whereof, the parties have duly executed this Agreement as of the day and year first above set forth. CITY OF BALDWIN PARK Date: Fieldman, Rolapp & Associates 1 9900 MacArthur Boulevard, Suite 1100 Irvine, A 92612 By: Title: Title: f r nazi l-4 r -- CITY OF BALDWIN PARK/FIELDMAN, ROLAPP & ASSOCIATES Page 5 Project No. EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF BALDWIN PARK AND FIELDMAN, ROLAPP & ASSOCIATES Scope of Services A. General Services. The Consultant shall perform all the duties and services specifically set forth herein and shall provide such other services as it deems necessary or advisable, or are reasonable and necessary to accomplish the intent of this Agreement in a manner consistent with the standards and practice of professional financial advisors prevailing at the time such services are rendered to the City. The City may, with the concurrence of Consultant, expand this Agreement to include any additional services not specifically identified within the terms of this Agreement. Any additional services may be described in an addendum to this Exhibit A and are subject to fees described in Exhibit B to this Agreement. B. Debt Issuance Services. The Consultant shall assume primary responsibility for assisting the City in coordinating the planning and execution of each debt issue relating to the Project. Insofar as the Consultant is providing Services which are rendered only to the City, the overall coordination of the financing shall be such as to minimize the costs of the transaction coincident with maximizing the City's financing flexibility and capital market access. The Consultant's proposed debt issuance Services may include, but shall not be limited to, the following: • Establish the Financing Objectives • Develop the Financing Schedule • Monitor the Transaction Process Review the Official Statement, both preliminary and final • Procure and Coordinate Additional Service Providers • Provide Financial Advice to the City Relating to Financing Documents o Compute Sizing and Design Structure of the Debt Issue • Plan and Schedule Rating Agency Presentation and Investor Briefings • Conduct Credit Enhancement Procurement and Evaluation • Conduct Market Analysis and Evaluate Timing of Market Entry • Recommend Award of Debt Issuance • Provide Pre - Closing and Closing Assistance CITY OF BALDWIN PARIQFIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 1 Specifically, Consultant will: Establish the Financin.iz_Obiectives. At the onset of the financing transaction process for the Project, the Consultant shall review the City's financing needs and in conjunction with the City's management, outline the objectives of the financing transaction to be undertaken and its proposed form. Unless previously determined, Consultant shall recommend the method of sale of debt and outline the steps required to achieve efficient market access. 2. Develop the Financing Timetable. The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses. 3. Monitor the Transaction Process. The Consultant shall have primary responsibility for the successful implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project. The Consultant shall coordinate (and assist, where appropriate) in the preparation of the legal and disclosure documents and shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost - effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction. 4. Review the Official Statement. a. Generally, SEC, MSRB, and GFOA guidelines encourage full disclosure so that potential investors have sufficient data to analyze each proposed financing. Upon direction of the City, the Consultant shall take the lead in review of the official statement for each debt issue relating to the Project to insure that the City's official statement is compiled in a manner consistent with industry standards, typically including the following matters: • Legal Authority for the Financing • Security for the Financing • Restrictions on Additional Financings • Purpose and Funds for which the Financing is Being Issued • Governmental System + Financial Management System • Revenue Sources: Historic, Current and Projected • Outstanding Financings • Planned Future Financings • Labor Relations and Retirement Systems • Economic Base • Annual Financial Statements • Legal Opinions Regarding Tax Exemption • Such Other Matters as the Context May Require. CITY OF BALDWIN PARK/FIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 2 b. The Consultant shall maintain and update the official statement on its word processing system until such time as it is near final and suitable for transfer to the financial printer, in order to minimize the costs of revisions made by the printer. 5. Procure and Coordinate Additional Service Providers. Should the City desire, the Consultant may act as City's representative in procuring the services of financial printers for the official statement and related documents, and for the printing of any securities. In addition, the Consultant may act as the City's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, redevelopment consultants, or escrow verification agents or other professionals, if the City directs. G. Provide Financial Advice to the City Relating to Financing Documents. Simultaneous with assisting in the preparation of official statements for each debt issue relating to the Project, the Consultant shall assist the managing underwriters, bond counsel and /or other legal advisors in the drafting of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood however that the Consultant's services shall in no manner be construed as the Consultant engaging in the practice of law. 7. Compute Sizing and Design Structure of Debt Issue. The Consultant shall work with the City's staff to design a financing structure for each debt issue relating to the Project that is consistent with the City's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. 8. Plan and Schedule Rating Agency Presentation and Investor Briefings. The Consultant shall develop a plan for presenting the financing program to the eating agencies and the investor community. The Consultant shall schedule rating agency visits, if appropriate, to assure the appropriate and most knowledgeable rating agency personnel are available for the presentation and will develop presentation materials and assist the City officials in preparing for the presentations. 9. Conduct Credit Enhancement Evaluation and Procurement. Upon the City's direction, the Consultant will initiate discussions with bond insurers, letter of credit providers and vendors of other forms of credit enhancements to determine the availability of and cost benefit of securing financing credit support. CITY OF BALDWIN PARK/FIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 3 10. Provide Pre-Closing and Closing Activities. The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book -entry status, signing and final delivery of the securities and settlement of the costs of issuance. CITY OF BALDWIN PARIUPIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 4 EXHIBIT B TO FINANCIAL ADVISORY SERVICES AGREEMENT BY AND BETWEEN CITY OF BALDWIN PARK AND FIELDMAN, ROLAPP & ASSOCIATES Tees and Expenses Part .I: Fee for• Services Financial Advisory Services performed pursuant to Section 1 of this Agreement, and as more fully described in the Scope of Services set forth in Exhibit A, will be billed at the fee of $25,000. Payment of fees earned by Consultant pursuant to this Part 1 shall be contingent on, and payable at the closing of the debt issue(s) undertaken to finance the Project. Part 2: Other Services Unless agreed to otherwise, financial advisory services performed pursuant to Section 2 of this Agreement will be billed at the then current hourly gates. The table below reflects the rates in effect as of the date of execution of this Agreement. Personnel Hourly Rate Executive Officers ............ ............................... ............. $300.00 Principals........................................... ............................... $290.00 Senior Vice President,.... ......... ......... .............................. $275.00 Vice Presidents .................................. ............................... $225.00 Assistant Vice President .................... ............................... $195.00 SeniorAssociate ............................................................... $150.00 Associate............................................ ............................... $125.00 Analyst................................................. ............................... $85.00 Administrative Assistants .................... ........................... $65.00 Clerical................................................ ............................... $35.00 Expenses Expenses will be billed for separately and will cover, among other things, travel, lodging, subsistence, overnight courier, computer, and fax transmission charges and capped at $1,250. Advances made on behalf of the City for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the City upon prior authorization. Additionally, a surcharge of 6% of the net fee amount is added to verifiable out -of- pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. CITY OF BALDWIN PARK/FTELDMAN, ROLAPP & ASSOCIATES Exhibit B, Page I Limiting Terms and Conditions The above fee is based on completion of work orders within six months of the City's authorization to proceed, and assumes that the City will provide all necessary information in a timely manner. The fee shown above in Part 1 presumes attendance at up to 8 meetings in the City's offices or such other location within a 25 -mile radius of the City place of business as the City may designate. Preparation for, and attendance at City Council meetings on any basis other than "by appointment" may be charged at our normal hourly rates as shown in Part 2, above. Abandonment If, once commenced, the services of the Consultant are terminated prior to completion of our final report for any reason, we are to be reimbursed for professional services and direct expenses incurred up to the time we receive notification of such termination at the standard hourly rates shown in Part 2, subject to a minimum charge of 0. CITY OF BALDWIN PARKIFMLDMAN, ROLAPP & ASSOCIA'T'ES Exhibit B, Page 2 rAT■. BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING OCTOBER 1, 2008 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 I ..... . ....:. �� ; - R, Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marten Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publlco a dirigirse at Concitio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarlos del Publico (Public Communications) anunclado on la agenda. A cada persona se to permite hablar por cinco (5) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) i i COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar action en algOn asunto a menos que sea iocluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracidnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideration on juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the September 17, 2008 meetings (special and regular,) 3. CONCEPTUAL REVIEW FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION FACILITY WITH ASSOCIATED EQUIPMENT CABINETS LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA) Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 444 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE INSTALLATION OF A WIRELESS TELECOMMUNICATION FACILITY WITH ASSOCIATED EQUIPMENT CABINETS LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA;) CASE NO.: PR- 0813; LOCATION: Community Development Commission Agenda — October 1, 2008 Page 2 14510 GARVEY AVENUE; APPLICANT: MIKE BLACKWELL, REPRESENTING AT &T MOBILITY.)" REQUESTS AND COMMUNICATIONS 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 25th day of September 2008. ma x wt�o Laura M. Nieto 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. 108 or 626.960.4011, ext. 466 or via e -mail at rautierrez (Dbaldwinpark.com or Inieto(c0aldwinpark._com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — October 1, 2008 Page 3 COMMUNITY DEVELOPMENT COMMISSION AGENDA OCT - 12008 ITEM NO,--L- COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK October 1, 2008 WARRANT REGISTER NO. 683 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 12986 - 12991 BANK WO CHECK # # CHECK AMT CHECK DATE VENDOR # ADDRS It VENDOR NAME ...-------------------------------- AMOUNT -- G/L -ACCT # ---------------------------- DESCRIPTION INVOICE # 2 12986 $877.80 09/18/08 08423 0 DAVID A BASS 438.90 801 -20- 210 - 51101- 14420 -2 PROF SRV 8/1-- 9/14/2008 BP2008 -9 438.90 806 -20 -210- 51101 - 14470 -2 PROF SRV 8/1- 9/14/2008 2 12989 $30352,76 09/18/08 08878 0 SAN GA13RIEL VALLEY NEWSPAPER GROUP 818.38 804 -00- 000 - 20001 - 14900 -1 PUBL DOWNTOWN PROJECT 64648 818.38 806 -00- 000 - 20001- 14900 -1 PUBL DOWNTOWN PROJECT 14358.00 804 -00- 000 - 20001- 14900 -1 PUBL CTRL BUS DIST C0485 14358.00 806 -00- 000 - 20001- 14900 -1 SIERRA VISTA PROD AREA COMMITT C0493 2 12990 $150,00 09/22/08 00617 0 MARIPOSA HORTICULTURAL 150,00 890 -00- -000- 53384 - 14900 -2 ROP HSE --AUG MAINT 42220A 2 12991 $67.73 09/22/08 00783 0 STAMP OUT 67.73 801 -40 --400- 53100- 14900 -2 DATE STAMP 12528A TOTAL # OF ISSUED CHECKS; 4 TOTAL AMOUNT: 31448.29 I TOTAL It OF VOIDED /REISSUED CHECKS: 0 TOTAL AMOUNT; 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0,00 TOTAL # OF UNISSUED CHECKS: 0 MINUTES CITY OF BALDWIN PARK +s *AEA {N CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION COMMUNITY DEVELOPMENT COMMISSION AGENbAA biv WEDNESDAY, SE 17, 2008 6:00 p.m. Council Chamber 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Council member/Member Marlen Garcia, Council member/Member Monica Garcia, Council member/Member Pacheco, Mayor Pro Tem/Vice Chair Bejarano, Mayor /Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, City Clerk Rubio, Deputy City Clerk Nieto. Council member/Member Pacheco arrived at 6:52 p.m. PUBLIC COMMUNICATIONS NONE ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Title: Community Development Manager 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) A) Agency Negotiators: Vijay Singhal, Chief Executive Officer Employee Organization(s): Police Management Employee Association, Community Development Manager B) Agency Negotiators: Vijay Singhal, Chief Executive Officer & Manuel Lozano, Mayor Employee Organization(s): Executive Team Page 1 of 2 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 12911, 12999, 13135 and 13329 Garvey Avenue; 13100 Dalewood Street Agency Negotiators: Vijay Singhal and Joseph Pannone Negotiating Parties: Regency Outdoor Advertising Under Negotiation: Terms and conditions for encroachment into the public right - of -way 4. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC §54956.9(b) One (1) Case RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Pannone reported that direction was given. Nothing father to report. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 P.M. Approved as presented by the Council I Commission at their meetings held October 1, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 ►►illi;l01*-, CITY OF BALDWIN PARK *101JLM ,ti WEDNESDAY, SEPTEMBER COMMUNITY DEVELOPMENT ,� r 17, 2008 COMMISSION 7:00 p.m. COUNCIL `�. CHAMBERS trra J 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Monica Garcia. 1. MINUTES Commission approved the minutes of the September 3, 2008 meeting (regular.) ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:55 p.m. Approved as presented by the Commission at their meeting held October 1, 2008. Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2of2 COMMUNITY DEVELOPMENT COMMISSION AGENDA TO: Honorable Chairman and Commission Board Members FROM: Marc Castagnola, Community Development Manager -- DATE: October 1, 200$ SUBJECT: Conceptual review by the Community Development Commission for the installation and operation of a wireless telecommunication facility with associated equipment cabinets located within the FC, Freeway Commercial Zone (Sierra Vista Redevelopment Project Area), (Case No.: PR 08 -13; Location: 14510 Garvey Avenue; Applicant: Mike Blackwell, representing AT &T Mobility). PURPOSE This item is before you for conceptual review only. If the Commission approves this project in concept, the applicant must still obtain all necessary City permits, approvals and entitlements prior to proceeding with the project development. This report requests conceptual approval by the Community Development Commission to allow the installation, use, and maintenance of a wireless communication facility located within the FC, Freeway Commercial Zone. This property 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. CEQA Staff has determined this case is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15332 (Class 2 -In -Fill Development Projects) of the CEQA Guidelines. No further analysis is required, SUBJECT PROPERTY The subject property is located north of the 1 -10 San Bernardino Freeway between Puente Avenue and Garvey Avenue. Overall, the site is irregular in shape and contains approximately 80,000 square feet (1.83 acres) of lot area. The General Plan land use designation of the subject property is General Commercial and the property is Conceptual Approval 14510 Garvey Avenue Page 2 of 3 consistently zoned FC, Freeway Commercial. Currently, the property is being utilized as a seventy -six (76) room Motel 6. DISCUSSION The applicant, Mike Blackwell, representing AT &T Mobility, is requesting conceptual approval of a Plan Review /Design Review Application to allow the installation, use, and maintenance of a new wireless communications facility in the form of a natural palm tree. According to the plans submitted for Design Review, the applicant is proposing to install a sixty -foot (60 -foot) tall faux palm tree (monopalm) to be placed in the southeast corner of the property adjacent to the eastern wall of the Motel and in close proximity to the westbound Puente Avenue on -ramp of the 1 -10 Fwy. The facility will include four 12 -panel antennas divided equally into three (3) sectors, one (1) GPS antenna, one (1) 24 -inch microwave dish (concealed within a growth pod) and six (6) equipment cabinets located within a decorative block wall enclosure. The equipment cabinets will be located inside a new 471 - sq.ft. block wall enclosure (8' high) designed to match the existing perimeter walls of the building. The location of the monopalm and shelter will not affect the circulation of the property and will be screened by existing mature trees, vegetation and five (5) new minimum 50 -foot tall, live date palm tree. The proposed facility represents a minor addition to the existing use on the property and will have little impact to the project site. The facility is unmanned and will not have an impact to on -site parking or circulation and generate no noise, odor, smoke or any other adverse impacts to adjacent land uses. Routine maintenance /inspection of the facility will occur once a month during normal business hours. The facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. The Design Review Committee has tentatively approved the project pending the CDC's conceptual approval and approval of a conditional use permit by the Planning Commission. RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution Number 444 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE INSTALLATION OF A WIRELESS TELECOMMUNICATION FACILITY WITH ASSOCIATED EQUIPMENT CABINETS LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); (CASE NO.: PR 0 8-13; LOCATION: 14510 GARVEY AVENUE; APPLICANT; MIKE BLACKWELL, REPRESENTING AT &T MOBILITY)" Conceptual Approval 14510 Garvey Avenue Page 3 of 3 FINDINGS OF FACT 1) The proposed improvements are 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 project proposal was reviewed in accordance with several documents including: The Sierra Vista Redevelopment Plan, the Sierra Vista Design Guidelines, and the Municipal Code. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission in that a minimum of five (5) 50 -foot tall live palm trees planted adjacent to the monopalm and lease area will help in screening the monopalm from view of the public right -of -way; and 2) The proposed improvements do not require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Sierra Vista Redevelopment Project Area Design Guidelines; and 3) The Applicant has not entered into any agreements with the City or Community Development Commission regarding the project proposal. ATTACHMENTS 41 -Vicinity Map #2 - Site Plan and Elevations #3 - Resolution No. 444 Report Prepared by; Salvador Lopez Jr., Associate Planner ATTACHMENT #1 Vicinity Map S WALMART" :VA FC ' XXI Ing City of Daldwin Park N Conceptual Approval CASE NO.: PR 08 -13 ADDRESS: 14510 Garvey Avenue DATE: October 1, 2008 'ssccale �le ATTACHMENT #2 Site Plan and Elevations 111HUIS so KU1,90K OlY i0 NOISSInOld H3ALHM 3HA 4AIlh 1d DX3 AHOJ nx %= 035U NO U3�nQQedJN 16 AVA dN3UH300 SIHA JU .S:d M. 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ON 'AI11190A LAIv N1 1M 102R31KY W d3Q:•iO NOILYSOddOO 1111ID30 dOi 03Mv D SYM LN3ORMO 5!111 ,mar I 3d m Xh H�ltl \ Q s tl \ T \ 8 th r of y o^ "d`fPdb ti 1 T �a d� a of y o^ "d`fPdb ti 1 T ATTACHMENT #3 Resolution No. 444 RESOLUTION NO. 444 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION FACILITY WITH ASSOCIATED EQUIPMENT CABINETS LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); CASE NO.: PR 08 -13; LOCATION: 1410 GARVEY AVENUE; APPLICANT: MIKE BLACKWELL, REPRESENTING AT &T MOBILITY. THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Community Development Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) An application for Design Review for installation of a wireless telecommunication facility with associated equipment cabinets (the "Application ") was submitted on behalf of the owners of certain real property, located at 14510 Garvey Avenue in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division (the "Property "); and (b) The proposed improvements are compatible with the standards and other requirements set forth in the Sierra Vista Redevelopment Plan in that the project proposal was reviewed and found to be consistent with several documents including the Sierra Vista Redevelopment Plan, the Sierra Vista Design Guidelines, and the Baldwin Park Municipal Code. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission. In addition, existing mature trees, vegetation and five (5) minimum 50 -foot, tall live date palm trees will help in screening the monopine from view of the public right -of -way; and (c) The proposed improvements do not require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the Sierra Vista Redevelopment Project Area Design Guidelines; and (d) The Applicant has not entered into any agreements with the City or Community Development Commission regarding the project proposal. SECTION 2. Based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar with the Property, and upon the findings set forth in Section 1, above, the Commission hereby conceptually approves the Application, SECTION 3. This conceptual approval shall not constitute approval by the Community Development Commission of any funding of or monetary participation in this project, nor shall it be deemed to be a waiver by the Community Development Commission of any right or power, which is otherwise available to the Commission. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Community Development Commission and the Applicant. PASSED AND APPROVED this 1st day of October 2008. MANUEL LOZANO, CHAIR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS, CITY OF BALDWIN PARK ) I, ROSEMARY R. GUTIERREZ, CMC, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 444 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 October 1, 2008 by the following vote: AYES: MEMBER: NOES: MEMBER: ABSENT: MEMBER: ABSTAIN: MEMBER: ROSEMARY GUTIERREZ, CMC CHIEF DEPUTY CITY CLERK AGENDA BALDWIN PARK FINANCE AUTHORITY OCTOBER 1, 2008 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlon Garcia - Member Monica Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. if you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish - speaking interpreter is available for your COMENTARIOS DEL PUBLICO Se invita al pubiico a dirigirse al Concitio o cuolquiera otra de sus Agencias nombradas on esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdicci6n. Si usted desea la oportunidad do dirigirse al Concitio o alguna de sus Agencias, podr6 hacerlo durante el perlodo de Comentarlos del Publlco (Public Communications) anunclado an la agenda. A cad& persona se le permite hablar por cinco (5) minutes. Hay un interprete para Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E, Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 Am.) CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING -- 7:00 PM Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar action en algun asunto a metros que sea incluido en la agenda, o a menos quo exista alguna 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 y/o fijar asuntos pars tomar en consideration en juntas proximas. [Cod/go de Gobierno §54954.2] CONSENT CALENDAR 1. PROPOSED REFINANCING OF 2002 CERTIFICATE OF PARTICIPATION (STREET IMPROVEMENT PROGRAM) Related Item #9 on City Council agenda Staff recommends Finance Authority (i) provide authorization to proceed with the proposed conversion of the 2002 Certificates of Participation to a fixed rate financing with Bank of The West; and (ii) authorize the Chief Executive Officer to engage consultants Jones Hall and Fieldman Rolapp & Associates, and Morrison and Forrester and US Bank to serve as Bond Counsel and Financial Advisor, Private placement Counsel and Trustee respectively, for the not -to- exceed amount of $51,250 and authorize the Chief Executive Officer to execute the agreements and all related legal documents; and (iii) waive further reading, read by title only and adopt Resolution No. FA 2008 -002 entitled, "A RESOLUTION OF THE FINANCE AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS" REQUESTS AND COMMUNICATIONS ADJOURNMENT Finance Authority Agenda — October 1, 2008 Item #1 See related City Council Agenda Item #9